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HomeMy WebLinkAbout06-3248 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 \3445, PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM NO. Ole. -3;).C/? e/(J~l'--r~ CUMBERLAND COUNTY v. THOMAS SCOTT PEDERSEN DONNA K. PEDERSEN NKIADONNAK. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 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 defens: 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 HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YC'lj WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH lNFORMA TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiU PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #', 134453 File #: 134453 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. 1. Plaintiff is PHH MORTGAGE CORPORA nON 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS SCOTT PEDERSEN DONNA K. PEDERSEN NKIA DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/08/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HOMEFIRST LENDING, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1884, Page: 1745. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 01/01/2006 and each month thereafter are due and unpaid, and by the terms of !.~id 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 #: \34453 ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2005 through 06/07/2006 (Per Diem $27.77) Attorney's Fees Cumulative Late Charges 10/08/2004 to 06/07/2006 Cost of Suit and Title Search Subtotal $153,793.71 5,248.53 1,250.00 280.44 $ 550.00 $ 161,122.68 Escrow Credit Deficit Subtotal 0.00 2,913.32 $ 2.913.32 TOTAL $ 164,036.00 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated becal1::c Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence ofDefendant(s). WHEREFORE, PLAINTIFF demands an in rnn Judgment against the Defendant(s) in the sum of$ 164,036.00, together with interest from 06/07/2006 at the rate of $27.77 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 ~-/x~- By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 134453 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situated in the Third Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern building line of South College Street, said point being the Northwest cO'!..~r of lot now or formerly of Grace W. Kramer; thence in an easterly direction along the line of the Lot now or formerly of Grace W. Kramer a distance of One Hundred Five (105) feet, more or less, to the line of property now or formerly of J. Irwin White, deceased; thence in a northerly direction along the line of the Last mentioned lot a distance of Thirty-seven (37) feet three (3) inches, more or less, to the South line of the lot now or formerly of Homer D. Romberger; thence in ~ westerly direction along the line of said lot now or formerly of Homer D. Romnerger a distance of One Hundred fi (105) feet, more or less, to the eastern building line of South College Street; thence in a Southerly direction alcilg th, .'a;\1 line of South College Street, Thirty-seven (37) feet three (3) inches, more or less, to the place of BEGINNING. BEING the same tract ofland which Episcopal Church of Carlisle, Pennsylvania, by the deed dated September 3,1965, and recorded in the office of the Recorder of Deeds at Carlisle, PA in Deed Book S21, Page 449, granted and conveyed to David Frantz Brubaker and Marj G. Brubaker, his wife. And the said MllIj G. Brubaker predeceased David Frantz Brubaker, thus vesting sole title unto David Frantz Brubaker. PARCEL NO. 04-21-0320-3-64 PROPERTY BEING: 147 SOUTH COLLEGE STREET Pile #: \34453 VRRTFTC'ATTON 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 on 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 infonnation supplied by Plaintiff and are true and correct to the best of his knowledge, infonnation and belief. Furthennore, 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 falsification to authorities. ~J }U, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ~ ~ ~ 7J V'1 \ t V'1 0 r-.> ~ ('~j C c> ctl Vt -"? a'"' ..... " '- :r;...,-, - ~ ~:; rnp ~ 0- -o.-n ~ W I ~:JO t; r cP :'~1 (,:~:l. ,y;:~~ CY Q i':S\'\\ -::u ,\ ~ r~ ~'.q. -{- V:" .- r- ----.. PHELAN HAI:..L1NAN & SCHMIEG, llP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHilADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION : CUMBERLAND County Plaintiff : Court of Common Pleas vs. : CIVIL DIVISION THOMAS S. PEDERSEN AlK/A THOMAS SCOTT PEDERSEN DONNA K. PEDERSEN AlK/A DONNA K. WALTZ : NO. 06-3248 :PHS # 134453 Defendant(s) PRARCTPR TO V A~ATR .nTDGMRNT WHTTonT PRR.TIJDTCR TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered against THOMAS S. PEDERSEN A/KJ A THOMAS SCOTT PEDERSEN and DONNA K. PEDERSEN A/KJ A DONNA K. WALTZ, Defendants, in the amount of$ 66, 088.84 relative to the instant matter, without prejudice, upon payment of your costs only. ~ ~/l?~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Dated: August 21, 2006 ~ (') ,...., 0 ~ C) 1 c = " s: c:7" " h -Om ::2> ~ ri1r: . c: n,::.t! 0 z:' G") r 2'( N :gt9 D. (J) ;,).. W ~~~~ -< .......... D ~ ~~: )::10 ~ :3: ~40 j;~ C5 Om '0 ~ ~ ~ ~ w ::0 8; -< ~ -.r::- 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., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 5tl3-7000 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3248 THOMAS SCOTT PEDERSON DONNA K. PEDERSON A/KJA DONNA K. WALTZ Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against THOMAS SCOTT PEDERSON and DONNA K. PEDERSON AIKIA DONNA K. WALTZ. Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 6/8/06 to 8/11106 TOTAL $164,036.00 $1,777.28 $66,088.84 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown IIPove, and (2) that notice has been given in accordance with Rule 237.1, co ya ched. ' DAMAGES ARE HEREBY ASSESSED AS IND1CAzr- _ ~ DATE: n. - 'I dJXJb :.L..f~ Jk- ~ ( PRO PROTHY 134453 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan. Esq.. Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DNISION Vs. : CUMBERLAND COUNTY THOMAS SCOTT PEDERSEN DONNA K. PEDERSEN AIKIADONNAK. WALTZ Defendants : NO. 06.3248-CNIL TERM TO: THOMAS SCOTT PEDERSON 147 SOUTH COLLEGE STREET CARLISLE, P A 17013 DATE OF NOTICE: JULY 31. 2006 fiLE COpy THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id, No. 32227 Francis S. Hallinan, Esq., ld. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION Vs. : CUMBERLAND COUNTY THOMAS SCOTT PEDERSEN DONNA K. PEDERSEN AIKIA DONNA K. WALTZ Defendants : NO. 06-3248-CIVIL TERM TO: THOMAS SCOTT PEDERSON 3109 NORTH FRONT STREET HARRISBURG, PA 17110 fiLE COpy DATE OF NOTICE: JULY 31. 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 TillS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OPFER 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, PA 17013 (800)990-9108 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 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FORPLAlNTWF : COURT OF COMMON PLEAS : CIVIL DMSION Vs. : CUMBERLAND COUNTY THOMAS SCOTT PEDERSEN DONNA K. PEDERSEN NKIA DONNA K. WALTZ Defendants : NO. 06-3248..cIVIL TERM TO: THOMAS SCOTT PEDERSON 9 TODD ROAD CARLISLE, PA 17013 filE COPY DATE OF NOTICE: JULY 31.2006 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.W 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 DEF AUL T 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan. Esq., [d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTWF : COURT OF COMMON PLEAS : CNIL DNISION Vs. : CUMBERLAND COUNTY THOMAS SCOTT PEDERSEN DONNA K. PEDERSEN AIKIA DONNA K. WALTZ Defendants : NO. 06-3248-CNIL TERM TO: DONNA K. PEDERSEN A/KIA DONNA K. WALTZ 147 SOUTH COLLEGE STREET CARLISLE, PA 17013 fILE COpy DATE OF NOTICE: JULY 31. 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.W 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 DEF AUL T 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 WOOMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff A TIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CNIL DIVISION Vs. : CUMBERLAND COUNTY THOMAS SCOTI PEDERSEN DONNA K. PEDERSEN AIKIA DONNA K. WALTZ Defendants : NO. 06-3248-CNIL TERM TO: DONNA K. PEDERSEN A/KIA DONNA K. WALTZ 3109 NORTH FRONT STREET HARRISBURG, PA 17110 FILE COpy DATE OF NOTICE: JULY 31. 2006 THIS FIRM IS A DEBT COLLECTOR ATIEMPTlNG 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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. 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 <<, ,~ PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq.. [d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY THOMAS SCOTT PEDERSEN DONNA K. PEDERSEN AlKlADONNAK. WALTZ Defendants : NO. 06-3248-CIVIL TERM TO: DONNA K. PEDERSEN A/KIA DONNA K. WALTZ 9 TODD ROAD CARLISLE, PA 17013 E enD'"" f'l \h '.. DATE OF NOTICE: JULY 31. 2006 TIllS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. TIllS 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, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf 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 OBJECfIONS 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 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. 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 '.A. . ' . . 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., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3248 THOMAS SCOTT PEDERSON DONNA K. PEDERSON A/K/A DONNA K. WALTZ 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 THOMAS SCOTT PEDERSON is over 18 years of age and resides at, 147 SOUTH COLLEGE STREET, CARLISLE, PA 17013. (c) that defendant DONNA K. PEDERSON AlKJA DONNA K. WALTZ is over 18 years of age, and resides at, 147 SOUTH COLLEGE STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. t ~ ~ lIS' .... ~ r -,::;~ \I=-'t. - ~ r '\J -4Q. ..0 . C) o ~~ ~:p ~ a c s: ""1JC; Pln' ~~;,' c:;'~c: ~o ~c s;;d z =<' . ' ' . ,...., c'" ~ ;t>> C en o .." :r n1 :!J fTi ;5? gS(. 1:5:1) ,.~O [sm "" 55 --< "0 :J!: w c::> .s:- 4 . ~ . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL nmSION v. NO. 06-3248 THOMAS SCOTT PEDERSON DONNA K. PEDERSON A/KIA DONNA K. W AL TZ Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on flu f II 2001.:.. By: 11,# J k~ If you have any questions concerning this matter, please contact: DANIEL G. SC EG, ES Attorney for R mtiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." SHERIFF'S RETURN - REGULAR CASE NO: 2006-03248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEDERSEN THOMAS SCOTT the DEFENDANT , at 1450:00 HOURS, on the 5th day of July , 2006 at 9 TODD ROAD CARLISLE, PA 17013 by handing to DONNA PEDERSON, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40 :;- 0L 1, 3/-&& Sworn and Subscibed to So Answers: .r'%.-.d~ R. Thomas Kline before me this day 07/20/2006 PHELAN HALLINAN SCHMIEG ~t'i/l Deputy Sa riff By: of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEDERSEN DONNA K AKA DONNA K WALTZ DEFENDANT , at 1450:00 HOURS, on the 5th day of July at 9 TODD ROAD CARLISLE, PA 17013 by handing to DONNA PEDERSON a true and attested copy of COMPLAINT - MORT FORE the , 2006 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 ,.."""/ ~u/.4 .00 .-r~~ ~ .00 10.00 R. Thomas Kline .00 16.00/, 07/20/2006 1.31-(:J{, PHELAN HALLINAN SCHMIEG ~ 1 h .~/. ... ?J'?Je~U~Y ~1tff Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEDERSEN THOMAS SCOTT the DEFENDANT , at 1456:00 HOURS, on the 5th day of July , 2006 at 147 SOUTH COLLEGE STREET CARLISLE, PA 17013 by handing to DONNA PEDERSON, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments SERVICE WAS MADE AT 9 TODD ROAD CARLISLE Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00/ 4.... 1,3/-0~ Sworn and Subscibed to So Answers: :r~--=~ R. Thomas Kline 07/20/2006 PHELAN HALLINAN SCHMIEG By: ~ It. yJJ Deputy Sheriff before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEDERSEN DONNA K AKA DONNA K WALTZ the DEFENDANT , at 1450:00 HOURS, on the 5th day of July at 147 SOUTH COLLEGE STREET , 2006 CARLISLE, PA 17013 by handing to DONNA PEDERSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments --- SERVICE WAS MADE AT 9 TODD ROAD CARLISLE Sheriff's Costs: Docketing Service Affidavit Surcharge ~ 6.00 .00 .00 10.00 .00 16.00;/ 07/20/2006 1- 3{. at, PHELAN HALLINAN SCHMIEG ~tt Deputy S ' riff So Answers: . "'i.<,~" '.", ,1:-? ~ (..pl>:'~ . ~.~-'t..,_..<t,.' ,.f' .4::..$."~ f 4"~.J'"'~''' ., . ". / .~ R. Thomas Kline Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PEDERSEN THOMAS SCOTT but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 20th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co Postage So answers: 6.00 9.00 10.00 41.25 .87 67.12 / ~ 1.31-0," 07/20/2006 PHELAN HALLINAN SCHMIEG R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PEDERSEN THOMAS SCOTT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PEDERSEN DONNA K AKA DONNA K WALTZ but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On July 20th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge So answers: 6.00 .00 10.00 .00 .00 16.00./ ~ 1-31-1)(. 07/20/2006 PHELAN HALLINAN SCHMIEG R. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A.D. In The Court of Common Pleas of 'Cumberlan.d County, Pennsylvania' PffiI Mortgage Corporation VS. Thomas Scott Pedersen et al SERVE: Thomas Scott Pedersen No. 06-3248 civil Now, June a-., 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. <7 r~~~. Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the . within upon at by handing to a copy of the original and made mown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE. MILEAGE AFFIDAVIT $ $ @{fitt of tlp~ ~4criff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PHH MORTGAGE CORPORATION vs County of Dauphin PEDERSEN DONNA K A/K/A WALTZ DONNA K Sheriff's Return No.1034-T - -2006 OTHER COUNTY NO. 06-3248-CV AND NOW:June 15, 2006 at 11: 20AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon PEDERSEN THOMAS SCOTT by personally handing to ERIC LEVENGOOD PERSON IN CHARGE OF BLDG 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3109 NORTH FRONT ST HBG, PA 17110-0000 Sworn and subscribed to before me this 15TH day of JUNE, 2006 So Answers, Jfc#L Sheriff of Dauphin County, Pa. ~ By ,~~" ~/L. Deputy ShenPt" Sheriff's Costs: $41.25 PD 06/12/2006 RCPT NO 218619 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 STRUBBA . In The Court of Common Pleas of Cumberland County, Pennsylvania' PHHMortgage Corporation VS. Thomas Scott Pedersen et al SERVE: Donna K, Pedersen aka Donna K. Waltz No. 06-3248 civil Now~ June g', 2006 ~ I~ SHERlFF OF Cillv1BERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~ Sheriff of Cumberland County, P A Affidavit of Service Now~ ,20_, at 0' clock M. served the - within upon at by handing to copy of the original a and made mown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ (1\)Hite llf tire ~lreriff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PHH MORTGAGE CORPORATION vs County of Dauphin PEDERSEN DONNA K A/K/A WALTZ DONNA K Sheriff's Return No. 1034-T - -2006 OTHER COUNTY NO. 06-3248-CV AND NOW:June 15, 2006 at 11:20AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon PEDERSEN DONNA K A/K/A WALTZ DONNA K by personally handing to ERIC LEVENGOOD PERSON IN CHARGE OF BLDG 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 3109 NORTH FRONT ST HBG, PA 17110-0000 Sworn and subscribed to before me this 15TH day of JUNE, 2006 So Answers, Jf~ Sheriff of Dauphin County, Pa. ~ By t~~ J1 ~ . NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 Deputy Sheriff Sheriff's Costs: $41.25 PD 06/12/2006 RCPT NO 218619 STRUBBA