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Home My WebLink About02-4000 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ" Id, No, 12248 LAWRENCE T. PHELAN, ESQ" Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. O~- 4000 v. CUMBERLAND COUNTY LEAH M. SENDI 611 LOvrrHERSTREET LEMOYNE, PA 17043 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 Loan #: 1004007087 NZB 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. 1. Plaintiff is AL TEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITfSBURGH, PA 15212 2, The name(s) and last known address(es) of the Defendant(s) are: LEAH M. SENDI 611 LOWTHER STREET LEMOYNE, P A 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11122/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST FRANKLIN FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1654, Page 273. 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 5/1102 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 4/1102 through 8/1/02 (per Diem $22,20) Attorney's Fees Cumulative Late Charges 11122/00 to 8/1102 Cost of Suit and Title Search Subtotal $77,172.05 2,730,60 1,000,00 370.32 550.00 $81,822,97 Escrow Credit Deficit Subtotal 0,00 439.00 $ 439.00 TOTAL $82,261.97 7. The attomey'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 attomey's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~ 1 680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $82,261.97, together with interest from 8/1102 at the rate of $22.20 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, FEDE~.ANDPHi~ By: 'I7"a~ ~lnan FRANK FEDERMAN, ESQUIRE LAWRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff AL.L THAT CERTAIN tract or parcel of land and premises, situate, lying and being i.a the Borou&h ofLemoyne, i.a the CoUDty ofCtunberJand and Commonwealth ot"pennsylvania, mare particularly described as fallows, to wit: BEGINNJNG at a poi.at on tbe north side of Lowther Street (80 reel wide) at the dividi.ag line between Lots Nos. 16 and 17, Section "A", as shown on the hereinafter mentioned Plan of Lots; thence North 36 degrees 31 minutes West 1Il0ng said dividing line 105 feet to Lot No_ 26, Section "A"; thence South 53 degrees 29 minutes West 1Il0cg said Lot No. 26, Section "A", 60 feel to Lot No. 18, Section "A", thence South 36 desrees 31 minutes Ea$t 1Il0ng Lot No. 18 Section "A", 10S f'eel to the north side of'Lowther Slreet; theuce North S3 degrees 29 minutesnEnst, along the north side of Lowther Street. 60 feet to the place of BEGINNING. BEIJilG KNOWN AS: 611 LOWTHER STREET, LEKOYNE, PA 17043, VERlFICATION KAREN L. FINNEGAN hereby states that she is FORECLOSURE SPECIALIST of AL TEGRA CREDIT COMPANY mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Veritication, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C,S, See, 4904 relating to unsworn falsification to authorities. DATE: x: II (0 f Od- J A tt. ?::3 ~ "-..t cJ ~ ~ ~ ~ )} ~ d '~ 21 ~ ~ ,"" ,~ f' ~ i)'. -21 o ~ ~ -00:.: .. ~q:; 65t;~ -<..-." ~(: .z::t,;;~.' "" -c ::.<: ::> c) - '? ~ -.J o f',,) > (-F; N f',.) o@ ''1 c-i _.r :d~ :._~ .11 _,;:-.1'0 Cl.-'- =J'"i~ :"-; :1J '..(~ onl ~ -< SHERIFF'S RETURN - REGULAR CASE NO: 2002-04000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS SENDI LEAH M GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SENDI LEAH M the DEFENDANT , at 2101:00 HOURS, on the 3rd day of September, 2002 at 611 LOWTHER STREET LEMOYNE, PA 17043 by handing to LEAH M SENDI 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 So Answers: 18.00 11.04 .00 10.00 .00 39.04 r~r~~~ R. Thomas Kline 09/04/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: --<;.. L-I l)gv~( Deputy Sh iff me this /I ~ day of ~"f'i:i:;. ;.,,, dlt>o.L, A. D. ~{2~~ othonotary FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AL TEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 02-4000 LEAH M. SENDI Defendant( s), PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LEAH M. SENDI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/2/02 to 12/31/02 TOTAL $ 82,261.97 $ 3,374.40 $ 85,636.37 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, :md (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANKF DERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATp:. DATE: / J. -j { -0 ~ l!Ci/v4-J PRO PROTHY ? /(J_,i " Ju 9](, ~<:: (/' --'~. .- r~: \- r.~ )> o c c.:.;. r'''J ~~:J ,'''1 " W :,,) J:) (.r, FEDERMAN AND PHELAt"\l BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (? 1 'i) 'inl-7000 ALTEGRA CREDIT COMPANY Attorney for Plaintiff COURT OF COMMON PLEAS Plaintiff vs. CIVIL DIVISION LEAH M, SENDI CUMBERLAND COUNTY Defendant(s) NO. 02-4000 TO: LEAH M, SENDI 611 LOWTHER STREET LEMOYNE, PA 17043 DATE OF NOTICE: DECEMBER 18. 2002 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 COLLE~T A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE ~~ You are in default because you have failed en~j ~~' ten appearance personally or by attorney and file in wr~~ ' he court your defenses or objections to the claims set fort nst you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights, You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 b' / ~. .~ '-" . l (\llll~t6 0 OLD. r) Frank Federman, Esquire Attorney for Plaintiff '-:1 -Vt-~-' '-1 ~-, ,"') rl't .O'l W '"::,"; U~; : \'\,. . ~~) \-~.::~< f~ ~ (~, \ '~~ '\~ --l ~ J ~ ~ rcJ -- 0" U'- ~ ~ uJ- ~ ~ ~ ~ t- {:. ((\ "'- '}--- ---., lJ'-, , :t ~. Jv '('- ~ \'. \ (t ~. "j-- .--, () ~7~ S:.:: ,...: '-'.) :':j IT' -;. .'j ./ ".) ~. FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF AL TEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 02-4000 LEAH M. SENDI Defendant( s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge 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 LEAH M. SENDI is over 18 years of age and resides at , 611 LOWTHER STREET, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -c..l~'~ IT1,.-~ -';;.' -7. ~) ,~c r-:~ l, ;'1.-,' ~~.~ :-~ ~,.,.;' C~_ ~::t -< c c C':,) {-",j :'~) '1 " (.,,) . , .-",.. :...) <7' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ALTEGRA CREDIT COMPANY Plaintiff, v. No. 02-4000 LEAH M. SENDI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $ 85,636.37 / Interest from 01/01/03 to 6/11/03 (per diem -$14.08) $ 2,280.96 and Costs TOTAL $ 87,917.33 Note: Please attach description of property. No. r.,:$ OZ r:n< <> ~...;I ...;I;;'; ~r:n ZZ OZ ~t: ~ ~ O~ UZ r.,;;;J 00 Eo-<U I:l::~ ;;;JZ 0< Usa ~~ ==~ Eo-<~ Z;;;J ....U ;;.; Z < ~ ~ o U Eo-< .... ~ ~ U ~ ~ ~ Eo-< ~ <Ii .. .... ~ Z ~ r:n :; ~ ~ ...;I Z o .... Eo-< ;;;J U ~'E ~ = r., ~ Ou ~ Eo-< '" ;& ~ ~ ~ ~ 0.... r., ~ ~~ ~'-' .... U ~ ~ -i:::i Cl) - ~ ff') ..,.. Q r-- - < ~ r-S Z ;;.; o ~ ~ ...;I ~ ~ ~ Eo-< r:n ~ ~ == Eo-< ~ o ...;I - - \C '" '" ~ "0 (") "'0 ~~ < -' -r::~ c- [!,\r . "'::~ : f.;', 1"" _<r:. .;-"'"" -d Cl) ~ Cl) '" Cl) .r> ;;.... o;l S '" .... Cl) g- o. Cl) .... ~ (-" .-.' ("....<; -, ..., W "_,.J :.,) ..-.,; ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the north side of Lowther Street (80 feet wide) at the dividing line between Lots Nos. 16 and 17, Section "A", as shown on the hereinafter mentioned Plan of Lots; thence North 36 degrees 31 minutes West along said dividing line 105 feet to Lot No. 26, Section "A"; thence South 53 degrees 29 minutes West along said Lot No, 2~ Section "A", 60 feet to Lot No, 18, Section "A", thence South 36 degrees 31 minutes East along Lot No. 18 Section "A", 105 feet to the noreh eide of Loweher Street, thence Noreh 53 degree. ~i m~n~te. ~a8t, along the north side of Lowther Street, 60 feet to the place of BEGINNING. BEING Lot No. 17, Section ,"A" in the Plan of Waldon Terrace as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 99, HAVING THEREON ERECTED a one story block and brick dwelling house No. 611 Lowther Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservat!ons, conditions and rights of way of record or visible upon inspection of premises. TAX PARCEL # 12-22-0822-167 TITLE TO SAID PREMISES IS VESTED IN Leah M. Sendi by Deed from Reinaldo Colon and Maribel Colon, his wife dated 5/30/1996 and,recorded 6/11/1996 in Record Book 140, Page 797. -r} i-:- '-fll ~- 7_~; :?~ ! Uj ~:> \ -/ .....:.'::' y' () C l"~' " .-2 C) 1') --~ --1 '') W ~ .1 :...-' ...J FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF AL TEGRA CREDIT COMPANY Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. LEAH M. SENDI CIVIL DIVISION NO. 02-4000 Defendant( s). CERTIFICATION FRANK. FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. l~ '\ ~ g A /v\~(]Al\ ' RANK. F DERMAN, ESQUtRE Attorney for Plaintiff ! \\0 ,,' \ ---.... ('-.., ('\ ---.. i~ i 1\ (', i {-- ()' ~ ; i ! -;/ ~ I Q~ ~~ C:f' rY ('-v c--.... J' ~ e::l ~- -r--- - C" -r--- u-- c-' ("') c d~\T ,oj.-:-~ :" --;~-. ," (7~ :' _c' ," ~~- ...''"- =~ 7" J:\ , C) r<..i '-::J -q ....) ;",) ..,,) .-J ALTEGRA CREDIT COMPANY Plaintiff, CUMBERLAND COUNTY v. LEAH M. SENDI COURT OF COMMON PLEAS CIVIL DIVISION Defendant( s). NO. 02-4000 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ALTEGRA CREDIT COMPANY, P1aintiffin the above action, by its attorney, FRANK. FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,611 LOWTHER STREET. LEMOYNE. PA 17043. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LEAH M. SENDI 611 LOWTHER STREET LEMOYNE, PA 17043 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name BANKERS TRUST COMPANY OF CALIFORNIA Last Known Address (if address cannot be reasonably ascertained, please indicate) 3 PARK PLAZA, SUITE 1600 IRVINE, CA 92614 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 611 LOWTHER STREET LEMOYNE, PA 17043 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 infonnation and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 24. 2002 DATE n c;. .;:~. vc rn" !5;';;i-r <-....:"1.' -~ ~-;~; !,-. '.->>"- ","--' .:.. - ,--- yo,:; (-:: ,-.'" :":1 . ) ~"...) --, " --- , '", . " y '.,) .-1 .-<.... AL TEGRA CREDIT COMPANY Plaintiff, CUMBERLAND COUNTY v, No. 02-4000 LEAH M. SENDI Defendant(s), December 24, 2002 TO: LEAH M. SENDI 611 LOWTHER STREET LEMOYNE, PA 17043 **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, 611 LOWTHER STREET. LEMOYNE. PA 17043. is scheduled to be sold at the Sheriffs Sale on JUNE 11.2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,636.37 obtained by ALTEGRA CREDIT COMPANY (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. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only 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 ofthe property as ifthe sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheri1T 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 7 , , I l.and and premises, situate, lying and 'oeing in L -l~~ ~ Cumberland and commonwealth of j,l :;o'i" ~icularly described as follows, to wit: C~'?-V e <;l ~vv ~~:o~g~ ~o~ .n the north side of Lowther Street (80 feet wide) at t~e ~ '(..'t'e '\.,"3-'" <,>0 Lots Nos. 16 and 17 Section "A", as shown on the herelnafte- ~",i a.'; , ' d' 'd. ~e"'- ~~ ,s; thence North 36 degrees 31 minutes West along sal.d l.Vl. l.ng ~1.~G \.<;o.e ~NO. 26, Section "A"; thence South 53 degrees 29 minutes West ?>t.G1., C-"~ '\. ';!'\.a.<;.." Section "A", 60 feet to Lot No. 18, Section "A", thence C-..o,J). 'o<;o.eo. ~..l~emlnutes East along Lot No. 18 Section "A", 105 feet to the <Soe"''(.."j. ....<:>? ,c,lr Street I thence Nc:frth 53 degree. :a II mj,n~te8 i1a8t, along the '\.,-",e .,,3-" er Street, 60 feet to the place of BEGINNING. '\.0"'''' .,6 3- '(..'t' SO"- ,,-'" f>;;ection '''A'' in the Plan of Waldon Terrace as recorded in the ~O~~'(.."'Recorder's Office in Plan Book 4, Page 99, ",0 ~~lECTED a one story block and brick dwelling house No. 611 Lowther G :T, nevertheless, to easements, restrictions, reservat!ons, eights of way of record or visible upon inspection of premises. .-22-0822-167 D PREMISES IS VESTED IN Leah M. Sendi by Deed from Reinaldo Colon and , his wife dated 5/3011996 and recorded 6/11/1996 in Record Book 140, Page 797. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4000 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due ALTEGRA CREDIT COMPANY Plaintiff (s) From LEAH M. SEND!, 611 LOWTHER ST., LEMOYNE PA 17043. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 611 LOWTHER ST., LEMOYNE PA 17043 (SEE ATTACHED 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 gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $85,636.37 Interest 1/1/03 TO 6/11/03 @ $14.08 per diem Atty's Comm % Atty Paid $116.04 Plaintiff Paid Date: DECEMBER 31,2002 L.L. $.50 $2,280,96 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: , REQUESTING PARTY: Name FRANK FEDERMAN ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 HILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF AL TEGRA CREDIT COMPANY : Cumberland County Plaintiff : Court of Common Pleas vs, : CIVIL DIVISION LEAH M. SENDI : NO. 02-4000 Defendant(s) PRAECIPE TO VACATE JUDGMENT AND MARK CASE DISCONTINUED AND ENDED Wm-lOLJT PRFJLJDlCE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 12/31/02 against LEAH M. SENDI and, Defendants, in the amount of $85,636.37 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. ,~OJX.je ,~ALVY'4!11A F NK FEDERMAN, ESQUIRE - Attorney for Plaintiff Dated: January 21,2003 P "6Q. 0 c:; AJ ' , ~ c ~ 1 ::?" c_ :ti -0 i5j .......... 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