Loading...
HomeMy WebLinkAbout05-5884 PHELAN HALLrNAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 INDYMAC BANK, F.S.B. 465 NORTH HALSTEAD ST PASADENA, CA 91107 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM CluiL~&""L v. NO. OS' - S'J5j>Lj CUMBERLAND COUNTY CLIFFORD CANANT ROSEMARIE CAN ANT 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 rile #: 125926 File #: 125926 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 V.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. I. Plaintiff is INDYMAC BANK, F.S.B. 465 NORTH HALSTEAD ST PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: CLIFFORD CAN ANT ROSEMARIE CAN ANT 701 HlGHLAND A VENUE MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01108/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIFUND FINANCIAL, INCORPORA TED, D/B/A, ALLFUND MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1663, Page: 732. By Assignment of Mortgage recorded 3/09/01 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 668, Page 933. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/0 I /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 125926 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2005 through I 111112005 (Per Diem $25.85) Attorney's Fees Cumulative Late Charges 01108/200\ to 11111/2005 Cost of Suit and Title Search Subtotal $116,108.86 3,463.90 1,250.00 423.57 $ 550.00 $ 121,796.33 Escrow Credit Deficit Subtotal 0.00 919.48 1- 919.48 TOTAL $ 122,715.8\ 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice oflntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 122,715.81, together with interest from 1111112005 at the rate of$25.85 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. PHELAN HALLINAN & SCHMIEG, LLP --6~ .s )~ By: /s'?;;mcis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: l25926 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, the Northwestern intersection of Mountain View Drive and Highland Avenue; thence in a Westerly direction by the Northern side of Mountain View Drive, 150 feet to a point; thence in a Northerly direction by the dividing line between Lots Nos. 10 and 11 and Lots Nos. 28 and 29 on the hereinafter mentioned Plan of Lots, 90 feet to a point; thence in an Easterly direction through the center of Lot No. 29 on said Plan of Lots, 150 feet to a point on the Western side of Highland Avenue; thence in a Southerly direction along the Western side of Highland Avenue, 90 feet to the Place of BEGINNING. BEING Lot No. 28 and the Southern half of Lot No. 29 on the Plan of Lots known as Mountain View Addition, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86. BEING improved thereon with a single-family dwelling known and numbered as 701 Highland Avenne, Mount Holly Springs, P A 17065. AND BEING the same premises which Central PA Homes, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, by its deed dated December 16, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 'L', Volume 35, Page 200, granted and conveyed unto Douglas H. Stenger and Darlene L. Stenger, Grantors herein. File#: ]25926 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. / ~:;.7$' Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: if'~ \-'l ~ p ~ 10 ~ \L 0t. . ,~, C) .-'~) .J:::.. V( , -n (J~ ...:..t C> ~ .--1 \' t':~ ~' :_3~-D 0- W ~"-. ; \ '\ i'~c- \) L ~J :::',J - z;:; r- " ~,.., - t J~ r,,) :9: ~ -J - SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05884 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS CANANT CLIFFORD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CANANT CLIFFORD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , CANANT CLIFFORD 701 HIGHLAND AVENUE MT HOLLY SPRINGS, PA 17065 DEFENDANT'S SON (16) LIVES AT GIVEN ADDRESS. DEFENDANT LIVES IN NEW YORK IN A HOTEL COMES HOME SOME WEEKENDS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 5.76 5.00 10.00 .00 38.76 So answers,;___,.- _/ ""';',' '~..~ -") ."-'~ -=.k:>~.~,\ .././ .f ./ /7' ~~. _'__ _'_ ~ R. Thomas Klll1e Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 11/17/2005 Sworn and subscribed to before me this .; J.. Jk.<A day of ~~JJ...... / ~ ~~/:k/l7 Pr hon~. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05884 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS CANANT CLIFFORD ET AL R. Thomas Kline ,Sheriff or Deputy S~eriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CANANT ROSEMARIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , CANANT ROSEMARIE 701 HIGHLAND AVENUE MT HOLLY SPRINGS, PA 17065 SON (16) LIVES AT GIVEN ADDRESS. DEFENDANT LIVES :N NEW YORK AND IS ONLY AT GIVEN ADDRESS ON SOME WEEKENDS. Sheriff's Costs: Docketing Service Not Found Surcharge So answer,S:---' .,:> 7 ,> 6.00 .00 5.00 10.00 .00 21.00 .J,.:'/>~~<C"6:r ., R. Th~mas one Sheriff of Cumberland County , PHELAN HALLINAN SCHMIEG 11/17/2005 Sworn and subscribed to before me this o<.J.~ day of -11.AJ-c.".w..l,^~ ;2 1Y05 A . D . pro,~t!:-;i~ ,- Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff lndymac Bank, F.S.B COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland COUNTY Clifford Canant Rosemarie Canant NO. 05-5884 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, Clifford Canant and Rosemarie Canant, by first class mail and certified mail to the last known address, and the mortgaged premises, 701 Highland Avenue, Mount Holly Springs, PA 17065, and in support thereof avers the following: 1. Attempts to serve Defendants, Clifford Canant and Rosemarie Canant, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 701 Highland Avenue, Mount Holly Springs, PA 17065. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendants' live in New York in a Hotel and only comes home some weekends. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable lnvestigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of December 5, 2005 to bring loan current. r------ 4. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been Wlable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. BY~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: December 1,2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Indymac Bank, F.S.B vs. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 05-5884 Civil Term Clifford Canant Rosemarie Canant MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address," Adontion of Walker, 468 Pa. 165.360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act. 39 c.F.R. Part 265, (2) inquiries of relatives neighbors. friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to PaRC.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. BY~ Dam . Schmieg, Esquire Attorney for Plaintiff Date: December 1, 2005 r'l- vJ" ; t A- SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05884 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS CANANT CLIFFORD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CANANT CLIFFORD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , CANANT CLIFFORD 701 HIGHLAND AVENUE MT HOLLY SPRINGS, PA 17065 DEFENDANT'S SON (16) LIVES AT GIVEN ADDRESS. DEFENDANT LIVES IN NEW YORK IN A HOTEL COMES HOME SOME WEEKENDS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 5.76 5.00 10.00 .00 38.76 So an~...::;:::?/::..:.~..>7 ~~~C'" . R. Thomas Klln€'!' Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 11/17/2005 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05884 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS CANANT CLIFFORD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CANANT ROSEMARIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , CANANT ROSEMARIE 701 HIGHLAND AVENUE MT HOLLY SPRINGS, PA 17065 SON (16) LIVES AT GIVEN ADDRESS. DEFENDANT LIVES IN NEW YORK AND IS ONLY AT GIVEN ADDRESS ON SOME WEEKENDS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers~~ _.", '? . ::~_>'~~'--:..-~_---;> -~~~~~:: Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 11/17/2005 Sworn and subscribed to before me this day of A.D. Prothonotary [~ 'y),J-- b FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FNMA SKIP TRACE File Number: 125926 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Clifford Canant and Rosemarie Canant Current Address: 701 Highland Avenue, Mount Holly Springs, PA 17065 Property Address: 701 Highland Avenue, Mount Holly Springs, PA 17065 Mailing Address: 701 Highland A venue, Mount Holly Springs, P A 17065 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Clifford Canant - 464-27-9077 Rosemarie Canant - 214-66-0309 B. EMPLOYMENT SEARCH Clifford Canant and Rosemarie Canant - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Clifford Canant and Rosemarie Canant reside(s) at: 701 Highland Avenue, Mount Holly Springs, PA 17065. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 11 / 29/05 our office contacted directory assistance, which indicated that Clifford Canant and Rosemarie Canant reside(s) at: 701 Highland Avenue, Mount Holly Springs, PA 17065. On 11/29/05 our office made a telephone call to the subjects' phone number, (717) 486-5143, and received the following information: spoke to an unidentified female who confirmed that both Clifford Canant and Rosemarie Canant reside(s) at: 701 Highland Avenue, Mount Holly Springs, PA 17065. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11/29/05 we reviewed the National Address database and found the following information: Clifford Canant and Rosemarie Canant- 701 Highland Avenue. Mount Holly Springs. PA 17065. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. . N. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Clifford Canant and Rosemarie Canant. V. OTHER INQUIRIES A. DEATH RECORDS As of 11/29/05 Vital Records and all public databases have no death record on file for Clifford Canant and Rosemarie Canant. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Clifford Canant and Rosemarie Canant residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATEOFBIRTH Clifford Canant - 1959 Rosemarie Canant - 6/15/1955 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. See. 4904 relating to unsworn falsification to authorities. /1J1 . LAktlUi I AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. fhd Swom~nd SUbSC~ri d before m~ . ~dayof D:;) '1.J}.Jj.NllUl ni 'Q.U{ Sworn to and subscribed before me this 29th day of November 2005. The above information is obtained from available public records JEM and we are only liable for the cost of the affidavit. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ~~ anlel G. Schmieg, Esquire Attorney for Plaintiff Date: December I, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff lndymac Bank, F.S.B COURT OF COMMON PLEAS CIVIL DIVISION Vs. Cumberland COUNTY Clifford Canant Rosemarie Canant NO. 05-5884 Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual( s) as indicated below by first class mail, postage prepaid, on the date listed below. Clifford Canant and Rosemarie Canant at: 701 Highland Avenue Mount Holly Springs, P A 17065 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. Date: December 1, 2005 B~-- Damel G. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. COURT OF COMMON PLEAS Plaintiff CNIL DNISION vs. CUMBERLAND County CLIFFORD CANANT ROSEMARIE CANANT No. 05-5884 CNIL TE Defendants PRAECIPE TO REINSTATE CML ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ~ PBJELAN HALLINAN & SCHMIEG, LLP I ...---t (,/'if F \ CIS S. HALLIN~, ES~~~' . y--.C'-- . LA NCE T. PHELAN, ESQUIRE D IEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: December 1. 2005 IIxh, Svc Dept. FiIe# 125926 -~\. f- " ------ INDYMAC BANK, F.S.B,: Plaintiff . - -;..~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CLIFFORD CANANT and: ROSEMARIE CANANT, Defendants NO. 05-5884 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of December, 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendants by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendants' last known address at 701 Highland Avenue, Mount Holly Springs, PA 17065, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 701 Highland Avenue, Mount Holly Springs, PA 17065. SUBSEQUENT papers may be served by regular mail to Defendants at the aforesaid Highland Avenue address. BY THE COURT. ;' "..... ,--, ), J. Wesley Oler, Jr.,' (r:;:-- ~iel G. Schmieg, Esq. One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff "f:li ',-- 1\ [' \1--- :rc PHELAN HALLINAN & SCHMTEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 INDYMAC BANK, F.S.B. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OIF COMMON PLEAS vs. : CIVIL DIVISION CLIFFORD CANANT ROSEMARIE CANANT CUMBERLAND COUNTY Defendant( s) : NO. 05-5884- CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons CLIFFORD CANANT and ROSEMARIE CANANT at 701 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, P A 17065, on DECEMBER 21, 2005, in accordance with the Order of Court dated DECEMBER 15, 2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. (, ) Date: December 21. 2005 ..J'--CL~ (l) J-l ~,,~---<------ CIS S. HALLINAN, ESQUIRE ey for Plaintiff '"" c..::;> = <.n Cl Pl (.-'j ,,) --l o " ::? ~ (:~) Cl (,..,r"; PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATIORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND County CLIFFORD CANANT ROSEMARlE CANANT No. 05-5884 CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: matter. Kindly reinstate the Civil Action in Mortgapsure with reference to the above captioned '----- ! \ P~ELAN HALLINAN & SCHMIEG, LLP \ By: ;.~ ).{ L,-~i -. ,-,,~~__~ A CIS S. HALLINAN, ESQUIRE ./' LAW NCE T. PHELAN, ESQUIRE // DAN L G. SCHMIEG, ESQUIRE , Atto eys for Plaintiff / / Date: December 21. 2005 IIxh, Svc Dept. File# 125926 Cl c_ ~, ,= "-:;::,, C.r', o -n -.... fh:n r- r:c:; '0 ! D rT"1 ("") r,.) OJ C' -';J .)~::~j rr'1 ;:_~ ~J..~1 -< GJ G) G""! SHERIFF'S RETURN - REGULAR . CASE NO: 2005-05884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK FSB VS CANANT CLIFFORD ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CANANT CLIFFORD the DEFENDANT , at 1945:00 HOURS, on the 12th day of January 2006 at 701 HIGHLAND AVENUE MT HOLLY SPRINGS, PA 17065 by handing to POSTED PROPERTY AT 701 HIGHLAND AVE MT HOLLY SPRINGS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 18.00 5.28 6.00 10.00 .00 39.28 So Answers: r~&~<~ R. Thomas Kline 01/13/2006 PHELAN HALLINAN SCHMIEG me this ,.. 20- day of B~+ t;<~H eputy Sherlf Sworn and Subscribed to before A.D. SHERIFF'S RETURN - REGULAR . CASE NO: 2005-05884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK FSB VS CANANT CLIFFORD ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CANANT ROSEMARIE the DEFENDANT , at 1945:00 HOURS, on the 12th day of January , 2006 at 701 HIGHLAND AVENUE MT HOLLY SPRINGS, PA 17065 by handing to POSTED PROPERTY AT 701 HIGHLAND AVE MT HOLLY SPRINGS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 6.00 .00 6.00 10.00 .00 22.00 "'........"....~f'/ f-:P' ~" .. .". "," \-. 'J', ,/~/? ,,'f~ .~.:.<:.:,."..., fi.-..;# i R. Thomas Kline me this ..zo ~ day of 01/13/2006 PHELAN HALLINAN SCHMIEG BY'~~~ . a" '\ ,r2 Deputy Sherlff Sworn and Subscribed to before ;)(JO(,. A.D. , .. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., rd. No. 32227 Francis S. Hallinan, Esq., rd. No. 62695 Daniel G. Schmieg, Esq., rd. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 'i) 'iIi1-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. : Court Of Common Pleas vs. : Civil Division CLIFFORD CANANT ROSEMARIE CANANT : CUMBERLAND County : No. 05-5884 CIV]L TERM A FFlnA VTT OF SFRVTCF RY PORT WATTON TN ACCORDANCE WTTH COTJRT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated DECEMBER ]5, 20051S indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(I) in THF SFNTTNFT on lJFCFMRFR 10 ?005 and CllMRFRTANlJ TAW TOTJRNAT. on . T A NT r A R Y Ii ?001i. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. f~ ~1+-~ Francis S. Hallinan, Esquire Date: February 1, 2006 Lily Hainey Service Dept . -~ -.. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe 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 ofthe said Cumberland Law Journal on the following dates, Viz .",;;r/JNv P7<</ 0, c:zO()C:, 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. S ORN TO AND SUBSCRIBED before me this h t-h day of J~N()/"lJ2.~ c><oo6 ~u~) ~. Notary .J.n.(.J.PA./ I f" '110. CUMBERLAND LAW JOURNAL NOT'CE OF ACTION IN MORTGAGE FORECLQSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 05-5884-C'vil Term INDYMACK BANK. F.S.B. VO. CLIFFORD CANANT ROSEMARIE CANANT NOTICE TO CLIFFORD CANANT and ROSE- MARIE CANANT: You are hereby notified that on NOVEMBER 14. 2005. Plaintiff. IN. DYMACK BANK, F.S.B.. med a Mort. gage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia. docketed to No. 05-5884-CML TERM. Wherein Plaintiff seeks to fore- close on the mortgage secured on your property located at 70 1 HIGH- LAND AVENUE. MOUNT HOLLY SPRINGS, PA 17065 whereupon your property would be sold by the Sher- iff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you \Vish to defend, you must enter a written appearance person- ally Or by attorney and file your de- fenses or objections in writing with the court. Vou are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or prop- erty or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO Naf HAVE A LAWYER. GO TO OR TELEPHONE THE OF. FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVo ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNlY LAWYER REFERRAL SERVICE CUMBERLAND COUNlY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Jan. 6 2 r) ,^ '--::: ~" :':":> C~'~ ,'-;;;--- () " ::;:J ;~iT ,-- !'!:'i -_J } ~1 p"! CO ! 0""'\ (:? f'-,.) ['0 1", ":;::;;'-,1 _ C) :::;;'<1 .;:~ _"'J -< PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B 465 NORTH HALSTEAD STREET PASADENA, CA 91107 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-5884 CIVIL TERM CLIFFORD CANANT ROSEMARIE CANANT Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against CLIFFORD CANANT and ROSEMARIE CANANT, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/12/05 to 2/21/06 TOTAL $122,715.81 $2,636.70 $125,352.51 I hereby certifY that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. JJ;~IJj A~' DANIEL G. SCHMIEG, ESQU~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: H~~ d.~ ;;..cxXo , INDYMAC BANK, F.S.B, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W CLIFFORD CANANT and: ROSEMARIE CANANT, Defendants NO. 05-5884 CIVIL TERM . ORDER OF COURT AND NOW, this 15th day of December, 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendants by (I) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendants' last known address at 701 Highland Avenue, Mount Holly Springs, PA 17065, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 701 Highland Avenue, Mount Holly Springs, PA 17065. SUBSEQUENT papers may be served by regular mail to Defendants at the aforesaid Highland Avenue address. BY THE COURT, " // /// lie. L^"> \ (Ii .LWesley Oler, Jr.,) I"" i v Dani I G. Schmieg, Esq. o eon Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff :rc PHELAN HALLINAN & SCHMIEG, L.L.P. . By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF.KENNEDYBLVD., SffiTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B 465 NORTH HALSTEAD STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-5884 CIVIL TERM CLIFFORD CANANT ROSEMARIE CANANT Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge 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 CLIFFORD CANANT is over 18 years of age and resides at , 701 HIGHLAND A VENUE, MOUNT HOLLY SPRINGS, PA 17065 . (c) that defendant ROSEMARIE CANANT is over 18 years of age, and resides at , 701 HIGHLAND A VENUE, MOUNT HOLLY SPRINGS, P A 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '!f);A~J -A~~ DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff . PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PAl 9 I 03 (?1 'i) 'i~1-7000 INDYMAC BANK, F.S.B. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY CLIFFORD CANANT ROSEMARIE CAN ANT Defendants : NO. 05-5884 CIVIL TERM TO: ROSEMARIE CAN ANT 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS,PA 17065 DATE OF NOTICE: FFRRIJARV 2 200~ 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.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 ~).~~"1 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff _> PHELAN HALLINAN & SCHMIEG, LLP . By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71)) <;1>1-7000 INDYMAC BANK, F.S.B. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY CLIFFORD CAN ANT ROSEMARIE CAN ANT Defendants : NO. 05-5884 CIVIL TERM TO: CLIFFORD CAN ANT 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: FFRRlJARV 2, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~~~-~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff t~t ; () F -i ~ iE' ~ ...... ~ ~ C> Rs ~ Vr E ~. ~~ 0' , .- '..'_' :"r1 -,'I .--t ~< , ,. l',' G., (-"J :..J ,.0;: ('-.. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B 465 NORTH HALSTEAD STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-5884 CIVIL TERM CLIFFORD CANANT ROSEMARIE CANANT Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ):2.~ ,A ~ 200 ~;J . 'liv: ~(J/LO p~. DEPUTY L LC If you have any questions concerning this matter, please contact: Y-~-2i ---1~' DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." I . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 INDYMAC BANK, F.S.B Plaintiff, v. No. 05-5884 CIVIL TERM CLIFFORD CANANT ROSEMARIE CANANT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $125,352.51 Interest from 2/21/06 to JUNE 7, 2006 (per diem -$20.61) $2,184.66 and Costs TOTAL $127,537.17 y--~JjJJZ . DANIEL G. SCHMIEG, E~ 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. .,.,.,., 'oCl'oCl == r-r- "",,,,,, << ll-<ll-< rfirfi "" z~ ;ll-< e;oo ;.<~ ,J,,J, 80 ~~ ...... ZZ ~~ ,.r,.r ';J';J ~~ ~~ ~~ $$ "" $$ "",,,,,, == r-r- < ~ ~~ ~ G ~... ~~ ...... ~~ ~ ~~ ...a zZ "< ~Q o~ ~ ~~ o~ .;. ... ... ~ll-<~ u~ ~~ o~ ~ ,;, ~~ t., UZ ~ ... ~~ ~s \ 0-': e:... ~Q Ou ...; ~~ ,J,oo u~ ~ s~ ~ u ~~ ~ ~~ ll-< ~';J U (~4~ . .s '~~ ') ..8 ~~ '--::.::::...- 'j;j , 4'. ~ :;::: ~ ~. a ~ ..l.. ~ .1 ,~ , , ;';"') C--i c..J -D . < r- >, J ()~~w (J\"<-\S'1~ . , 0) \)<" .....:. "'.... "" ~C'lJ0j""'" .~ ~ ~ ~ N "'" . ' ,,0 ' 'c::::;. 'I: ~ \.r; '" ~I .~ j ~',:) \._~.J \.,'.- ~~ '.:s-- ---- r\ \ '\J .'" ~~ ."" ,,~ ,,~ '.j " c, '"" \-> c.:::. ~--l> ~ ~ ~ if) '" ,D i;l e if) ~ g. p. '" ~ w ~ .\3 ~ ----- .~ " \/1 Jl ---r: /~ -- " i f~ t- ?- . , li) -:I ~' ' ::t-. . )- '. --- ~ \. -=it ('.l- - . DIlSCRIPrlON ALL THAT CERTAIN \tact of laDd situale in South Middleton TnwllShip, Cumberland County, Pennsylvania, bounded and described as follows: BOOINNING at a pow, the Northwestern intersection of Mounlain View Drive and Highland A venue: thence in a Westerly direction by tbe Northern side of Mountain View Drive. 150 feet to a point; thence is a Northerly direction by the dividing line between Lots Nos. 10 and II and Lots Nos. 211 and 29 on the bereinal\et mentioned Plan of Lots 90 feet to a point; thence in an IJa.llerly direction through Ibe center ofLoc No, 29 on said Plan of Lots, 150 feet 19 a point on the Western side of Highland AvCllue; Ibeno:<: in a Southerly direction along Ibe Western side of Highlalld Avenue, 90 feet 10 the place of ~ng. . BEING Lot No. 28 and the Southern balf of Lot No. 29 00 the Plan of Lots known as MOWlIain View addition, as recorded in the Office of the Recorder of Deed!l for Cumberland County in Plm Book 3, Page BO. BEING improved thereon wilh a single-family dwelling koown and numbered as 701 HiChland A venue, Monnt HoUy Spring, PA 17065. Tax l'atcel #40-30-2646-036 RECORD OWNER TIlLE TO SAID PREMISES IS VESTED IN Clifford Canant and Rosemarie Cananl, hwballd and wife, by Deed from Douglas H. Stellger and Darlene L. Stenger. husband and wife. dated 5/14/1999 and recorded 5/1711999 in Deed Book 199, Page 599. PREMISES BEING: 701 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, P A 17065 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-5884 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC Bank, F.S. B. Plaintiff (s) From Clifford Can ant Rosemarie Canant (1) You are directed to levy upon the property of the defendant (s)and to sell See legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, yon are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$125,352.51 L.L.$.50 Interest from 2/21/06 to June 7, 2006 (per diem - $20.61) $2,184.66 and Costs Atty's Comm % Due Prothy $1.00 Atty Paid $219.04 Plaintiff Paid Date: February 23, 2006 Other Costs CURTIS R. LONG (Seal) Prothonotary . By '1r./AALL ,C ,~I'''O. fJff Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station TRUE COpy FROM RECORD In Test/many whereof, I here unto set my hand and the seal of selic! Court at Carlisle, Pa. This ......P.::;L.. day oL~......., ~~. ............~~ f ~ ~ (/'-.---- . or .. .......... Prothono ar 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: Supreme Court ID No. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SffiTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION CLIFFORD CANANT ROSEMARIE CANANT NO. 05-5884 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. y~~jJ1-d~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ~..,_.: (,) . .. INDYMAC BANK, F.S.B CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CLIFFORD CANANT ROSEMARIE CANANT CIVIL DIVISION NO. 05-5884 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) INDYMAC BANK. F.S.B, 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 .701 HIGHLAND AVENUE. MOUNT HOLLY SPRINGS, P A 17065 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CLIFFORD CAN ANT 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 ROSEMARIE CANANT 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 2 I. 2006 DATE ~~ J}--<f~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff r^; ~, \ ,-' ~., rl"\ (~^} 'i"'.l C.;~ .. DESCRIPI'lON ALL THAT CERTAIN tract of land silWlte in South Middleton Towuship, Cumberland County, PeWlSylvania, bounded and described as follows: BEGINNING at a pow. the Northwestern intenection of Mountain View Drive and Highland A venue; theoce in a Westerly direction by the Northern side of Mountain View Drive. 150 feet to a pow; theoce is a Northerly direction by the dividing line between Lots Nos. 10 and II and Lots Nos. 28 and 29 on the bereinafter mentioned Plan of Lots 90 feet to a poim; theoce in an Easterly direction through the center of Lot No, 29 on said Plan of Lots, 150 feet 19 a pow on the Westem side of Highland Avenue; thence in a Southerly dln:ction along the Westem side of Highland Avenue, 90 feet to the place of ~~. . BEING Lot No. 28 and the Southern half of Lot No. 29 on the Plan of Lots known as Mountain View addition, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 80. BEING improved thereon with. single-family dwelling known and numbered as 701 HiJlhIand Avenue, Mount Holly Spring. PA 17065. Tax Parcel #40-30-2646~36 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Clifford Canant and Rosemarie Canant. husbaod and wife, by Deed from Douglas H. Stenger and Darlene L. Stenger, husband and wife, dated 5/1411999 and recorded 5/17/1999 in Deed Book 199. Page S99. PREMISES BEING: 701 HIGHLAND A VENUE, MOUNT HOLLY SPRINGS, PA 17065 .. ; INDYMAC BANK, F.S.B Plaintiff, CUMBERLAND COUNTY v. No. 05-5884 CIVIL TERM CLIFFORD CANANT ROSEMARIE CANANT Defendant(s). February 21, 2006 TO: CLIFFORD CANANT 701 IDGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 ROSEMARIE CANANT 701 IDGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 701 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $125.352.51 obtained by INDYMAC BANK. F.S.B (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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ,. . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 1 DESCRIPJ'lON ALL THAT CERTAIN tract of laDd situate In Soulh Middleton TownsbJp. Cumberland County, PennsyIV1Ulia. bounded aDd described as Collows: BEGINNING at a point. lite Nordtwestern iDIenection of MOIIIIlain View Drive and Higbllllld Avenue; thence In .. Westerly dln:ctioll by the Nordtern side oC Mountain View Drive, 150 feel to .. poiat; Iben<;e is a Northerly direction by the dividing line between Lots Nos. 10 aDd II aDd Lots NOIt. 28 aDd 29 on the be<elnafter mentioned Plan oC Lots 90 feet 10 a point; thence In an Easterly directioo dtrough the ceDleI' of Lot No. 29 on said Plan of LoIs, 150 feel 19 a point on the Western side of Highland A_; tbence in a Southerly direction along lite Western side oC High1and Avcoue. 90 feet 10 !be place of ~~. . BEING Lot No. 28 aDd the Southern baIf of Lot No. 29 on the Plan of loIS known as MOUDlain View addition, as recorded In the Office of the Recorder of Deed. for Cumber\and Olunty in Plan Book 3, Page 80. BEING improved thereon willi a .ingle-family dwelling known aDd numbered as 701 Higbland Avenue, Mount Holly Spring, PA 17065. rlU< Parcel #40-30-2646-036 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Clifford CaDant aDd Rosemarie CarnuII, husbaod aDd wire, by Deed from Douglas H. Stenger aDd Darlene L. SIClJ&Cr. husband aDd wire, dated 5/1411999 aDd recorded 5/17/1999 in Deed Book 199, p~ 599. PREMISES BEING: 701 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS. P A 17065 -4" r-.,) c.:;; c') ,-':i -)'I .,\\1 , PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FORPLArnTIFF COURT OF COMMON PLEAS CIVIL DIVISION INDYMAC BANK, F.S.B CUMBERLAND COUNTY vs. No.: 05-5884 CIVIL TERM CLIFFORD CANANT ROSEMARIE CANANT AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to CLIFFORD CANANT and ROSEMARIE CAN ANT on 3/6/06 at 701 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, P A 17065, in accordance with the Order of Court dated 12/15/05. I further certify that the mortgaged premises was posted by sheriff with the Notice of Sheriffs Sale on 2/26/06 in accordance with the Court's Order. I also certify that the notice of sale was published in two Cumberland County papers. The first being published on 3/1/06 in THE SENTINEL. The second being published on 3/10/06 in the CUMBERLAND LAW JOURNAL. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. ff~J1Y~' DANIEL G. SCHMIEG, ESQ~ Date: April 3. 2006 .......-. , AFFIDAVIT OF SERVICE PLAINTIFF INDYMAC BANK, F.S.B CUMBERLAND COUNTY PMB No. 05-5884 CIVIL TERM DEFENDANT(S) CLIFFORD CANANT ROSEMARIE CANANT ACCT. #1001252129 "**"*"*PLEASE POST WITH NOTICE OF SALE*****'***** 701 IDGHLAND AVENUE MOUNT HOLLY SPRINGS, P A 17065 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 7, 2006 Served and made known to ~I :~~ SERVED ~~ ^ ~k [ /--,,-, "vc...- . Defendant, on the - -" day of I -7,;),.u'/ I '" 'S'!O-''-( ;> ,2oo~: ,r.o ILl at {e . \ ,o'clockl!m.,at 'lot 1~J:r ({ L-"",:> i~ /~,.,.. /1.;"1 , Commonwealth of Pennsylvania, in the manner described below; Defendant personally served. Adult family member with whom Defendant(s) residers). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship" Manager/Clerk of place oflodging in which Defendaot(s) residers). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. y.. Other: yo>~??~cl , Description: Age_ Height__ Weight_ Race Sex Other I, T~fe.'<~ T ",/\1.""7 . a co~tent adult, being duly sworn according to law, depose and state that r personally banded 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" . Sworn to lUld suilscri.92lf <_-" --j (~Z /'1 [ ~'-..~ o ~otary;4~ 1/ By: 7, /'- . / PLJiFi\""TTEMP~ SE~T 3 TIMES. INDICATE DATES & TIMES OF SERVICE A'lTEMPTED. S\ ~,I_~ ,'?;";: ~',I Ph~i\:(..:.,-', l ,..,-\; ,.3 Commission Expires June 16, 2008 On the day of NOT SERVED . 200~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer ~ Vacant 1" Attempt: f f Time: 2nd Attempt: f / Time: 3rd Attempt: I I Time: Sworn to and subscribed before me Ibis _ day of , 200 _" Notary: By: AlIornev for Plainliff Daniel G. Schmieg, Esquire - I.D. No. 62205 ) . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammv Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, Cotmty and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) March 01 , 2006 COpy OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNrt, PENNSYLVAlllA NO. 05-5884 CIVIL TERM INOYMAC BANK, F .S.B VS. CLIffORD CANANT ROSEMARIE CANANT NOTICE TO: CLIFFORD CANANT, ROSEMARIE CANANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" ALL THAT following described lot of ground altuate, lying and being in SOUTH MIDDLETON TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as fOUows, to wit: BEGINNING at a point, the Northwestern intersection of Mountain View Drive and Highland Avenue; thence in a WesterI'} direction by the Northern $\rle of Mountain View Drive, 150 feet to a point; thence in a Northerly direction by the divldlng line between Lots Nos. 10 and 11 and Lots Nos. 28 and 29 on the hereinafter mentioned Plan ot Lots. 90 teet to a point; thence in an Easterly direction through the center of Lot No. 29 on said Plan of Lots. 150 feet to a point on the; Western side of Highland Avenue; thence In B Southerly direction along the Western side of Highland Avenue. 90 teet to the place 01 BEGINNING. BEING LOT No. 28 and the Southern half 01 Lot No. 29 on the Plan of Lots known as Mountain View 'AddiUon. as recorded in the Office 01 the Recorder 01 Deeds for Cumberland County, in Plan Book 3, Page 86. BEiNG improved thereon with a single-family dwelling known and numbered as 101 Highland'Avenue, Mount Holly Springs. PA 17065. AND BEING the same premises which Central PA Homes, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, by its deed dated December 16, 1991 and recorded In the Office of the Recordec' o(Oe~ in and for Cumberland County, Pennsylvania, in Deed Book 'L', Volume 35. Page 200, granted'and conveyed unto Douglas H. Stenger and Darlene L Stenger, Grantors herein. Being Parcel # 40.30~2646-036 !!&J<QBQ Q\'ili&B ~ IQ.sAI.C. PRF.MISES ~ ~!N Clifford Canant and Rosemarie Canant. husband and wife, by Deed from Douglas H. Stenger and Darlene L. Stenger, husbe.nd and wife, dated 5- 14-99. recorded 5-17-99 In Deed Book 199, page 599. is scheduled to be sold at the Sheriff's Sale on ~ 1. aUOI at.lltJUl.&.Ma, at the CUMBERLAND County Courthouse, South Hanover Street, CarliSle PA 17013 to enforce the Court Judgement of 2121/06. obtained by INDYMAC BANK, F.S:B., (the mortgagee), against you. Property situated In t~e City of SOUTH MIDDLETON TOWNSHIP, County of, and State of Pennsylvama. Being Premises: 701 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 Improvements consist of residential property. Sold.. the property of CLIFFORD CANANT, ROSEMARIE CANANT TERMS OF SALE: . THE HIGHJ;ST AND BEST BIDDER SHALL BE THEBUYEA, The purchaser at the sale .must take t~n (10%) percent down payment of the bid price or the Sherttf's cost, whichever Is higher, at the time of the sale in the form of cash money order or bank check. The balance must be paid within ten (10) days of 1m; sale or the purchaser will lOse the down money. Oaniel Schmieg. Esquire One Penn Center at Suburban Station 1617 John F. Kennedy. Boulevard ~lJit..1Ann Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tr ,~(a}p;c Sworn to and subscribed before me this 015t. day of March2006. C~~~'~l Notary Pu c My commission expiresq \ I \0" COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnstina L. Wctfe, NolaI)' Public CaI1isle Bolo, cumbeltand County My CommiSSiOn Expires Sept. 1, 2008 Member. Pennsvlvania A!;soclatiol'l at Notanes ~ 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, Esqnire, 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 March 10, 2006 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. )L SWORN TO AND SUBSCRIBED before me this 10 day of March, 2006 cA:::~;ildr-' Lf' ":~ c ";:-;V'Jr:~-"i, i\!:k:JV r',:b~1c ~ (~Ulljbf"~;~.II':1 c<)u~:v,'" ~ t. r;'~' '.\..;;~:/ .<".,':':1 .".,-"~,,,,,"'.,-- "'>"""'--' ,.~....~ ~ CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECWSURE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 05-5884 Civil Term INDYMAC BANK, F.S.B. VS. CLIFFORD CANANT ROSEMARIE CANANT NOTICE TO: CLIFFORD CANANT, ROSEMARIE CANANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL that following described lot of ground situate. lying and being In sourn MIDDIEI'ON WWNSHIP, County of CUMBERlAND, Common- wealth of Pennsylvania. bounded and limited as follows. to wit: BEGINNING at a point. the North- western intersection of Mountain View Drive and Highland Avenue; thence in a Westerly direction by the Northern side of Mountain View Drive. 150 feet to a point: thence in a Northerly direction by the divid- ing line between Lots Nos. 10 and 11 and Lots Nos. 28 and 29 on the hereinafter mentioned Plan of Lots, 90 feet to a point; thence in an East- erly direction through the center of Lot No. 29 on said Plan of Lots. 150 feet to a point on the Western side of Highland Avenue; thence in a Southerly direction along the West- em side of Highland Avenue. 90 feet to the Place of BEGINNING. BEING Lot No. 28 and the South- em half of Lot No. 29 on the Plan of Lots known as Mountain View Addi- tion. as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3. Page 86. BEING improved thereon with a single-family dwelling known and numbered as 70 I Highland Avenue. Mount Holly Springs, PA 17065. AND BEING the same premises which Central PA Homes, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, by its deed dated December 16, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book "L", Volume 35, Page 200, granted and conveyed unto Douglas H. Stenger and Dar- lene L. Stenger, Grantors herein. Being Parcel #40-30-2646-036. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Clifford Canant and Rosemarie Canant, husband and wife, by Deed from Douglas H. Sten- ger and Darlene L. Stenger, husband and wife, dated 5-14-99, recorded 5- 17-99 In Deed Book 199. page 599. Is scheduled to be sold at the SheIiffs Sale on JUNE 7, 2006 at IO A.M" at the CUMBERLAND County Courthouse, South Hanover Street, Carlisle, PA 17013 to en- force the Court Judgment of 2/21/ 06, obtained by INDYMAC BANK, F.S.B., (the mortgagee), against you. Prop. sit. in the City of SOUTH MIDDLETON WWNSHIP, County of _' and State of Pennsylvania. Being Premises: 701 HIGHLAND AVENUE. MOUNf HOLLY SPRINGS, PA 17065. Improvements consist of residen- tial property. Sold as the property of CLIF- FORD CANANT, ROSEMARIE CAN- ANT. TERMS OF SALE: 3 :' . , CUMBERLAND LAW JOURNAL THE HIGHEST AND BEST BID- DER SHALL BE TIlE BUYER. The purchaser at the sale must take ten (10%) percent down pay- ment of the bid price or of the Sheriffs cost. whichever is higher, at the time of the sale in the form of cash. money order or bank check. The balance must be paid within ten (10) days of the sale or the pur- chaser will lose the down money. DANIEL SCHMIEG. ESQUIRE Attomey for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia. PA 19103 (215) 563- 7000 Mar. 10 4 c' ::;3 r--;^~ I .,f.;- -,.-,,, r".) 'PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Indymac Bank, F.S.B ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Clifford Canant Rosemarie Canant No. 05-5884 Civil Term Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 14, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on February 23, 2006 in the amount of $125,352.51. A true and correct copy ofthe praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $25.85 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit $116,108.86 11,135.33 738.36 1,250.00 2,067.89 1,422.04 147.50 240.00 559.60 15.00 0.00 2.460.15 TOTAL $136,144.73 5. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:~ 2tS Jew Phelan Hallinan & Schmieg, LLP ~ ~ Michele M. Bnulford, ~ Attorney for Plaintiff 'PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Indymac Bank, F.S.B ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Clifford Canant Rosemarie Canant No. 05-5884 Civil Term Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 701 Highland A venue, Mount Holly Springs, P A 17065. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. , In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, ifany. 'n. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. m. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. N. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request offive percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. . Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments ~ 191. Stephenson v. Butts. 187 Pa.Super. 55,59,142 A.2d 319,321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and ifthere is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. . The mortgagors have breached the tenns of the Mortgage, and Plaintiff has been forced to incur significant unjust fmanciallosses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part ofthe mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on tenns of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, ~ Attorney for Plaintiff DATE:~ -- Exhibit "A" ~~:::~.~~:;~~:~~:~~j~f2i~~:~~~~;~~~~~~~~t:i~~~1:ili~E~~~~~7~(~}~~::gl~~2~::~;:t}?:~~2~:i:~~~~~:i=~;3~~~::=~g~2~ .~.lf"~' >>-.- 6~ '%f'" PHELAN HALLINAN & SCHMIEG, LLP ----rA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HACLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPIDA, P A 19103 (215) 563-7000 INDYMAC BANK, F.S.B. 465 NORTH HALSTEAD ST PASADENA, CA 91107 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF GOMMON PLEAS CIVIL DIVISION TERM '-.- No.DS -sPry (];u;[ I~ CUMBERLAND COUNTY v. CLIFFORD CANANI' ROSEMARlE CANANf 701 IDGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 ~ ~ 0 <:n .... ~ ~ -.::- ffl;o ,~ !if ~ g;H You have been sued in court. If you wish to defend against the claims set forth in oll~ng a~ pages, you must take action within twenty (20) days after this complaint and notice are serv , by -.:. ~ entering a written appearance personally or by attorney and tiling in writing with the court your def4nsCk 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. YQ;USHOUW TAKE THIS PAPER TO YOUR LA WYBR AT ONCE. IF YOU DO NOT HA VB A LAWYER;OO'Tt>'OK;1'ELEPHONBTHE'OFF~ SBTFORTHBBLOW. THIS OFFICE CAN PROVIDE YOU WITtIINFORMAnONABout HIRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICB MAY BE ABLE TO PROVIDE ' YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGlliLE PERSONS AT A REDUCED FEE OR NO FEE. Defendants 8 ~ ~Uj W$ Lawyer Referral Service --: - ATr.,nDa.1rv FflE'lV\ri Cumberland County Bar Association na I, unm;: r, vvr Y 32 South Bedford Street PLEASfRffllffN Carlisle, PA 17013 , - , (800)990-9108 -Ne hereby cer~Y tn~d within to bi a true a correct copy 01 1:\1e d "lriglnal filed of reeor File': 125926 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 INDYMAC BANK, F.S.B. 465 NORTH HALSTEAD ST PASADENA, CA 91107 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. CLIFFORD CANANT ROSEMARIE CANANT 701 mGHLAND AVENUE MOUNT HOLLY SPRINGS, P A 17065 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 125926 File #: 125926 IF mIS IS THE FIRST NOTICE mAT YOU HAVE RECEIVED FROM mIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED TIDS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. I. Plaintiff is INDYMAC BANK, F.S.B. 465 NORTH HALSTEAD ST PASADENA, CA 91107 2. The name(s) and last known address(es) of the Defendant(s) are: CLIFFORD CANANT ROSEMARIE CANANT 701 mGHLAND AVENUE MOUNT HOLLY SPRINGS, P A 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01108/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIFUND FINANCIAL, INCORPORATED, D/BIA, ALLFUND MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1663, Page: 732. By Assignment of Mortgage recorded 3/09/01 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 668, Page 933. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 125926 6. The following amounts are due on the mortgage: Principal Balance Interest 07/0112005 through 1111112005 (Per Diem $25.85) Attorney's Fees Cumulative Late Charges 01/08/2001 to 11/1112005 Cost of Suit and Title Search Subtotal $116,108.86 3,463.90 1,250.00 423.57 $ 550.00 $121,796.33 Escrow Credit Deficit Subtotal TOTAL 0.00 919.48 $ 919.48 $ 122,715.81 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 122,715.81, together with interest from 11/1112005 at the rate of$25.85 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. PHELAN HALLINAN & SCHMIEG, LLP "l~ .J' J~ By: ,J:ancis s. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff File#: 125926 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, the Northwestern intersection of Mountain View Drive and Highland Avenue; thence in a Westerly direction by the Northern side of Mountain View Drive, 150 feet to a point; thence in a Northerly direction by the dividing line between Lots Nos. 10 and 11 and Lots Nos. 28 and 29 on the hereinafter mentioned Plan of Lots, 90 feet to a point; thence in an Easterly direction through the center of Lot No. 29 on said Plan of Lots, 150 feet to a point on the Western side of Highland Avenue; thence in a Southerly direction along the Western side of Highland Avenue, 90 feet to the Place of BEGINNING. BEING Lot No. 28 and the Southern half of Lot No. 29 on the Plan of Lots known as Mountain View Addition, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86. BEING improved thereon with a single-family dwelling known and numbered as 701 Highland Avenue, Mount Holly Springs, P A 17065. AND BEING the same premises which Central P A Homes, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, by its deed dated December 16, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 'L', Volume 35, Page 200, granted and conveyed unto Douglas H. Stenger and Darlene L. Stenger, Grantors herein. File #: 125926 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiffis outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 490<:! relating to unsworn falsifications to authorities. .., ~.S;_7~ . Francis S. Hallinan, Esquire Attorney for Plaintiff DAlE: ~fr . . Exhibit "B" /' PHELAN HALLINAN & SCHMIEG, L.L.P. B)*: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (US) 563-7000 ~ g .., c:r> 'L'OJ ~~~ri -,. S,- 0.: 2 -~ -..... -0 =~~4i o .... "'Tl -t rrt I:n OJ m, -Of." N :09 w S1.6 -r: -ri r):!J "-0 8m ~ .:0 -< INDYMAC BANK, F.S.B 465 NORTH HALSTEAD STREET PASADENA, CA 91107 Plaintiff, CIVIL DMSION v. CLIFFORD CANANT ROSEMARIE CANANT NO. 05-5884 CIVIL TERM H. \;UfiJ\iEY' FILE COpy PLEASE RETURN Defendant(s). ~,TTORNEY FILE COpy PLEASE RETURN PRAECIPE FOR IN Rf;M JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CLIFFORD CANANT aDd ROSEMARIE ,CANANT. Defendan~(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 11/12/05 to 2/21/06 TOTAL $122,715.81 $2,636.70 $125,352.51 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ;j7~JjJ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: "ei, i !;jFJ~tY HLE COpy PLEASE RETURN PRO PROTHY ATTORNEY FILE COpy PLEASE REmRN VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE:~ Phelan Hallinan & Schmieg, LLP By: ~iChele M. Bradford, EsqUO Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B ATTORNEY FOR PLAINTWF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Clifford Canant Rosemarie Canant No. 05-5884 Civil Term Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Clifford Canant Rosemarie Canant 701 Highland Avenue Mount Holly Springs, P A 17065 Phelan Halli DATE:~ By: Michele M. Bradford, Esquire Attorney for Plaintiff r' ~3 ~ :~! ~'1 ~, CI (' ... i, ~) .' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC BANK, F.S.B Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CML DMSION CLIFFORD CANANT ROSEMARIE CANANT Defendant(s). NO. 05-5884 -CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for INDYMAC BANK, F.S.B hereby verifies that on FEBRUARY 22, 2006 AND JUNE 8, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. D~~' DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff Date: JULY 26, 2006 IMPORT ANT NOTICE: Tbis property is sold at tbe direction of tbe plaintiff. It mav not be sold in tbe absence of a renresentative of the nlaintiff at tbe Sheriff's Sale. The sale must be postponed or stayed in tbe event tbat a representative of tbe plaintiff is not present at tbe sale. if-[ ...... ...... ...... ...... ...... ...... Rz VI ~ t..r.J N ...... 0 H r ~ ... --- ~C:'.._~"__. Ui1fr . 'll i1; ~rlr .. WI.~" &. '1~,5 ~ s,o~' -It:~o if 8 ~ i '~l~ !tilt IJ~If. ih&. ll,~1 I~ a hI 1181 i hg:r , III, lir il:U ~ 811 (_n -n ii ~ is, ~ n a ~ ~ If il' i Q i. i' '" 00 ...... ,. t"' S' O".V1.J:>.WN-n !3~~~8i I n pi U~di i Ii II I Ii Ii i ~. ~. ~ ~ .~ ~ ~ ~ ~ t;j :I: 12 :I: !il a ~:<~~~ -< f{j -< t;; ;;:: ~~~.~~ o .'" 0 25 tii .'" ~ .'" OJ :xl ~~~~~ ~V1~~li~~ ~ ~ ~ ~ .P > - ~ cl - ::; w - ~ ~ lr .. z c 3 CT CD ... Q~~ !'Il~t:l m ~ fD ~lll! ~ ~ g~~~ ........_~ Ii' .....w l.! ~ ~~i~ -~"2l ~~;;,> w g.z ,!...tl:liPl> oog ~I~ !'Ill ['l a, "If!'ll g = 5, l-< C'll> . ie;- t'"' 68 ~ i ill: III ;. ~"%: . ,~4l' ~ : !2C: ----~~- , "000'4309825 FEB 2'2 2006" , ,-(;:I. .._..). J._nl ZlPCODE 19103 ,,' ,J - ... q~ !\ ~ is. 0 Wi ~ ~ ~ Ii !!i .. a 'Z ~ Q i l ~~i~~ ~~~~~ ~;rs~~ i\ill >c s,ol;:l N ,-,,""'0 -[V>s..... S'~$~~ t,fh~' Uq;\ s;\n h~i\ \hi, ~HI. l"!\O ~ ! ;;. il ~ H~\\ l~ ! ~Hi \ ~\\.\. >1 .~i ,"\h ~ 8il l!, 111- i~'"l!." !. 111\' ~- -.l '" '" r' S' J::> V.) ~ - 0 ~ ;:;' i" z: " 3 0' 10 ... '"d " ~ i .... 2- ~- ~ o !l" f}l l () '" g ;! ~ i ::3 'l ~ i g i ..., . .... - <:> rf1 ~ ~ \ \1 ~ ~ g p ~ 51' Z .... S el ..., 0>'2. "&:a ~""(') ill ., _"'1:1 ~ '"' "'~\1~ it....."'trl it-J""d~ !.'~ g ~ ~'~~~ ~i;~ ~~~~ 't'lJjv\1l> ~\l~ ~p. s, ~ ~",go \:Il S. or' (;'ll> r t..... '"" 6~ ' t"'lo ~ :;; 3: III '-~' < ,(.',t';: rf,; l.'-"'r -ri "...... ~."'..- ,_. ;"'r:-I~ ;;_-;.~...... ~'''''~81\;. 1.y....r ~~J".?"_ ~:.J '~.....~~). ,~~.. (ez~~- 02 1A $ 00.950 0004309825 JUN08 2006 MAILED FROM Z1PCOOE 1 91 03 . -', r n ,:-;.~, .-; ~':',~l ?1 \." ;--,-, (" INDYMAC BANK, F.S.B., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW CLIFFORD CANANT and ROSEMARIE CANANT, Defendants NO. 05-5884 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of August, 2006, upon consideration of Plaintiffs Motion To Reassess Damages, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, J. Michele M. Bradford, Esq. PHELAN, HALLINAN & SCHMEIG, LLP One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff Clifford Canant Rosemarie Canant 701 Highland Avenue Mount Holly Springs, PA 17065 Defendants, pro Se .4Il(~ f'1M4I' i..( f. 0 3 ~Dl. I q. :rc !"; (' .- ,..! ., ~ l' 1 ~.~ \ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Indymac Bank, F.S.B Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Clifford Canant Rosemarie Canant No. 05-5884 Civil Term Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date offourteen (14) days of the date of the actual order has been served upon the following persons: Clifford Canant Rosemarie Canant 701 Highland Avenue Mount Holly Springs, P A 17065 PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradfo Attorney for Plai Date: tJ By: . . g ;;;: -oo:? rnn-.' ~~' ~"'C r:: \._ ):;; '. ZC 5~ ~ "" = = "" "'" c::: G") ~ ~; (:) be..) ~!' z o. i -0 ::it "" ., N t. · PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Clifford Canant Rosemarie Canant No. 05-5884 Civil Term Defendants MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: I. That it is The Plaintiff in this action. 2. A Rule was entered by the Court on August 2, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on August 9, 2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of Fourteen (14) days from the date of the order. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. 8 Date PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esq ire Attorney for Plaintiff .. PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Clifford Canant Rosemarie Canant No. 05-5884 Civil Term Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 25,2006. A Rule was entered by the Court on August 2, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on August 9, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of Fourteen (14) days from the date of the order upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. BlJD PHELAN HALLINAN & SCHMIEG, LLP '- -;s Michele M. Bradford, Esquire Attorney for Plaintiff Date . . . Exhibit "A" ~ .. INDYMAC BANK, F.S.B., Plaintiff ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW CLIFFORD CANANT and ROSEMARIE CANANT, Defendants NO. 05-5884 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of August, 2006, upon consideration of Plaintiff's Motion To Reassess Damages, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, 1. Michele M. Bradford, Esq. PHELAN, HALLINAN & S~IG, LLP -"6ne Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff Clifford Canant Rosemarie Canant 701 Highland A venue Mount Holly Springs, P A 17065 Defendants, pro Se :rc TRUE COpy FROM RECORlJ In T 8st1mony whereof. I here unto set my haRCJ and the seal of said ~ at CarlIsle. Pa. Fbi&... ~~!1 r~~ :ru~ . ( . J - ~ 1 .' . . Prothonorarf \l~9Z(P Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .~ '. ,......_..... ._. -4 ._..... _.... _.___. - -............... t ~ . : Civil Division _ _ ATIORNEY FilE ,.~=- <ftWI ftiJ4In-. -- -~.,. . ...... NO: 05-58.84 Ci~{il 't8fft10 c <'" '"Ore n'r~' z:i:: 05c~ ~c'; 0 ~() ~ >8 w z .. I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy.(.Jf oUN Motion to Reassess Damages noting a Rule Return date of fourteen (14) daysofthe~~.Qi1he. actual order has been served upon the following persons: ~ tI ... . "WT";. ATIORNEY FILE COpy PLEASE RETURN --- PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. 1.0. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 Indymac Bank, F.S.B Plaintiff vs. Clifford Canant Rosemarie Canant Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas ~ CERTIFICATION OF SERVICE Clifford Canant Rosemarie Canant 701 Highland Avenue Mount Holly Springs, P A 17065 '*' ~ = = en > c:: c,'J o " :i! nl:::!J r- -om e:5v -16 --" -,- :::n ~o om -I ?5 -< Date: 8 PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradfo Attorney for Plai VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. ~~f' Date Michele M. Bradford, Esq Attorney for Plaintiff . . PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Clifford Canant Rosemarie Canant No. 05-5884 Civil Term Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Clifford Canant Rosemarie Canant 701 Highland A venue Mount Holly Springs, P A 17065 B\~~ Date < J Michele M. Bradford, Esquire Attorney for Plaintiff (') ........, 0 c=:> C ..:.:.:::.; II c~ -4 :r nl >..,.., (,.) .; j .! _:.:-! r..., _oJ c-l .I" D ."1] CJ -< PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Indymac Bank, F.S.B SfP 0 1 200& Iy ~ . Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Clifford Canant Rosemarie Canant No. 05-5884 Civil Term Defendants ORDER AND NOW, this (, It day of ~(' ~. ' 2006, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 9/6/06 Per Diem $25.85 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $116,108.86 11,135.33 738.36 1,250.00 2,067.89 1,422.04 147.50 240.00 559.60 15.00 0.00 2.460.15 TOTAL $136,144.73 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. C;-7~ofc ~ ~ C/ldS' -::.'\:r;:] S I =2 !'!d L - %DZ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 23rf day ofFeb, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 5884, at the suit of Indymac Bank f s b against Clifford Canant & Rosemarie is duly recorded in Deed Book No. 276, Page 3743. IN TESTIMONY WHEREOF, I have hereunto set my hand d- and seal of said office this c;2/ day of (~ ecorder of Deeds RICOfder DeIdI. CumbIfIInd CaunlJ. Cllllllt.M My Cotnfililllon Expht.. AII......,GI__ r, Indymac Bank, F .S.B VS Clifford Canant and Rosemarie Canant The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5884 Civil Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 08,2006 at 3:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Clifford Canant and Rosemarie Canant, by posting the premises per court order, at 701 Highland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time posting the premises with the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 06, 2006 at 7:12 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Clifford Canant and Rosemarie Canant located at 701 Highland Ave., Mt. Holly Springs, 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: Clifford Canant and Rosemarie Canant by regular mail to their last known address of 701 Highland Ave., Mt. Holly Springs, P A 17065. These letters were mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06,2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $930.46. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 17.85 15.00 15.00 30.00 10.00 .50 1.00 10.56 4.88 15.00 Surcharge Postpone Sale Posting Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 20.00 12.00 347.00 287.60 19.57 25.00 39.50 $ 930.46 v' JO }1)5) uvCfr- ?~~/~ R. Thomas Kline, Sheriff BY Real Estate ergeant (jY-~ oV QO' \,~1) (.k ~'5LJq l? ~/f 54)) ( . INDYMAC BANK, F.S.B r CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CLIFFORD CANANT ROSEMARIE CANANT CIVIL DIVISION NO. 05-5884 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) INDYMAC BANK. F.S.B, 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 .701 HIGHLAND AVENUE. MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CLIFFORD CANANT 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 ROSEMARIE CANANT 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None f . , 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 701 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, P A 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 21. 2006 DATE 'iY~Jj-J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff , INDYMAC BANK, F.s.B Plaintiff, CUMBERLAND COUNTY v. No. 05-5884 CIVIL TERM CLIFFORD CANANT ROSEMARIE CANANT Defendant(s). February 21,2006 TO: CLIFFORD CANANT 701 mGBLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 ROSEMARIE CANANT 701 mGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERlY. ** Your house (real estate) at. 701 HIGHLAND AVENUE. MOUNT HOLLY SPRINGS. PA 17065. is scheduled to be sold at the Sheriffs Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $125.352.51 obtained by INDYMAC BANK. F.S.B (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. lfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TIDS 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, P A 17013 (717) 249-3166 (800) 990-9108 , ... DESCRImON ALL THAT CERTAIN tract of land situate in South Middleton Township. Cumberland County, PetmsyJVlUIia. bounded aDd described as follows: BEGINNING at a point, d1e NOI1bwesterD.iatersection or MwDtain View Drive aud HilbJaDd Aveuue; thence in a' Westerly ditec:tion by the Northern side of MOIIIJtain View Drive, ISO feet to a point; tJJc:nce i5 a Northerly cfuectiOD by the dlvidinaline between Lots Nos. 10 and 11 and Lots Nos. ~ and 29 on the bereinafte:r meuDoaed Plan of Lots 90 feet to . point; thence ill an Eas&erJy d.iredioo duoup the ceatcr of ~ No. 29 on saill Plan of Lots. 150 feet 19 a point on tile Wesrera .ide ot mp.Jaad A vaNe. tbc:Dco in a Southerly direction aloogtbe Western side of HiahJand Avenue, 90 feet 10 tbe pJace of ~. . BEING Lot No. 28 and the Southern baJf of Lot No. 29 on the Plan of Lots known as Mountain View addition. as recorded in the Office of tbe Reeorder of Deeds for Cumberiand County in Plan Boot. 3. PaJe 80. BEING improved thereon with a sinsIe-famiIy dwelling k:oown and uumben:d as 701 HigblaDd Avenue, Mount Holly Spring, PA 17065. Tu Parcel #40-30-2646-036 ~g 9\YNER TITLE TO SAID PREMISES IS VBSTBD IN Clifford CaDanI and Rosemarie Caoant, buaband and wife, by Deed from DouJlas H. Steager and Dadeoc L. SteDJer, husband _ wife, dated 5/14119991Dd RCOO1ed 5117/1999 in Deed Book 199, ~ 599. PREMISES BEING: 701 mGHLAND AVENUE, MOUNT HOLLY SPRINGS, P A 17065 WRIT OF EXECUTION'-and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5884 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC Bank, F.S. B. Plaintiff (s) From Clifford Canant Rosemarie Canant (1) You are directed to levy upon the property of the defendant (s)and to sell See legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$125,352.51 L.L.$.50 Interest from 2/21/06 to June 7, 2006 (per diem - $20.61) $2,184.66 and Costs Atty's Comrn % Due Prothy $1.00 Atty Paid $219.04 Plaintiff Paid Date: February 23, 2006 Other Costs CURTIS R. LONG ( Seal) Prothonotary _ By: ~ K~k 91 Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: Supreme Court ID No. Real Estate Sale # 54 On March 01, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A Known and numbered as 701 Highland Ave., Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2006 By: '. J ad)..; J vvulC} Real Estate Sergeant o l :01 '\j L l 933 qOOZ Vd 'AH4iH)J u,(..1~38~n3 J.:lI(j3HS 3Hl .:10 3~1.:.f.:IO ~ ~ ~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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: April 7, 14,21,2006 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. SWORN TO AND SUBSCRffiED before me this 21 day of April. 2006 N, i SEAL LO'S c:. :iYDER, NOtary Public C:::liisk: Bora, Cumbe:land County ivly Co;r'li,:,jofl E::pires March 5, 2009 .... REAL ESTATE SALE NO. 54 Writ No. 2005-5884 Civil Indymac Bank, F.S.B. vs. Clifford Canant and Rosemarie Canant Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Town- ship. Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at a point. the Northwestern intersection of Moun- tain View Drive and Highland Av- enue; thence in a Westerly direc- tion by the Northern side of Moun- tain View Drive, 150 feet to a point; thence is a Northerly direction by the dividing line between Lots Nos. 10 and 11 and Lots Nos. 28 and 29 on the hereinafter mentioned Plan of Lots 90 feet to a point; thence in an Easterly direction through the center of Lot No. 29 on said Plan of Lots, 150 feet 19 a point on the Western side of Highland Avenue; thence in a Southerly direction along the Western side of Highland Av- enue, 90 feet to the place of begin- ning, BEING Lot No. 28 and the South- ern half of Lot No. 29 on the Plan of Lots known as Mountain View ad- dition, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 80. BEING improved thereon with a single-family dwelling known and numbered as 701 Highland Avenue, Mount Holly Spring, PA 17065. Tax Parcel #40-30-2646-036 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Clifford Canant and Rosemarie Canant. husband and wife. by Deed from Douglas H. Stenger and Darlene L. Stenger, husband and wife, dated 5/14/ 1999 and recorded 5/17/1999 in Deed Book 199, Page 599. PREMISES BEING: 701 HIGH- LAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. , ..~ ~.; i. t:'.. ~ . ' .,. 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 in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge ofthe 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 S ALE #54 . NOT Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013