HomeMy WebLinkAbout01-4564FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103 - 1814
(715)
COUNTRYWIDE HOME LOANS, INC.
F/IUA COUNTRYWIDE FUNDING CORPORATION
7105 CORPORATE DRIVE, PTX-B35
PLANO, TX 75024-3632
Plaintiff
JERRY A. RUSH
ELIZABETH $. MILLHOUSE
533 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. o, - ..ct.y
CUMBERLAND COUNTY
Defendant(s)
~OMPI,IINT IN MfIRT~A~F. FORECI,fkqlIRE
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.
CUNmERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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.
Plaintiff is
COUNTRYWIDE HOME LOANS, INC.
FFK/A COUNTRYWIDE FUNDING CORPORATION
7105 CORPORATE DRIVE, PTX-B35
PLANO, TX 75024-3632
The name(s) and last known address(es) of the Defendant(s) are:
JERRY A. RUSH
ELIZABETH J. MILLHOUSE
533 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 7/14/95 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PROVIDENT MORTGAGE CORPORATION T/A
CONSOLIDATED MORTGAGE CORPORATION which mortgage is recorded in the
Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1272, Page
169. By Assignment &Mortgage dated 7/17/95 the mortgage was assigned to
PROVIDENT BANK OF MARYLAND which Assignment is recorded in Assignment of
Mortgage Book No. 499, Page 1133. By Assignment of Mortgage dated 9/29/95 the
mortgage was assigned to PLAINTIEF which Assignment is recorded in Assignment of
Mortgage Book No. 505, Page 12.
The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 2/1/01 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one month, the entire
principal balance and all interest due thereon are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance
Interest
1/1/01 through 7/1/01
(Per Diem $20.74)
Attorney's Fees
Cumulative Late Charges
7/14/95 to 7/1/01
Cost of Suit and Title Search
Subtotal
$94,637.22
3,774.68
4,000.00
0.00
550 O0
$102,961.90
Escrow
Credit 104.58
Deficit o.00
Subtotal ($104 58)
TOTAL $102,857.32
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.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$102,857.32, together with interest from 7/1/01 at the rate of $20.74 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.
[S[ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
TOGBTHER with all and sihgular the improvements, ways, streets,
alleys, driveways, passages, waters, water-courses, rights,
liberties, privileges, hereditaments and appurtenances, whatsoever
unto the hereby grantee premises belonging, or in any wise
appertaining, and the reversions and remainders, rents, issues, and
profits ~hereof~ and all the estate, right, title, interest,
property, claim and demand whatsoever of Grantors, as well at law
as in ec~ity, of, in, and to the same.
TO HAVEAND TO HOLD,he lot or piece of ground described above w!:h
the me~suage or tenement thereon erected heredi=amsnts and premises
hereby granted, or mentioned and intended so to be, with the
appurtenances, unto Grantees their heirs and assigns, to and for
forever.
AND' Grantors, their heirs, executors end administrators do
covenant, promise and agree, to and wl:h Grantees heirs and
assigns, by these presents, that Grantors and their hairs, all and
singular the hereditamentsana premises hereby grantee or mentioned
and intended so to be, with the appurtenances, :o Grantees their
heirs and assigns, aga~ns= them, Grantors and their heirs, and
PREMISES: 533 SPRINGFIELD ROAD
VERIFICATION
BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of
COLrNTRYWH)E HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he
is authorized to take this Verification, and that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief' The
undersigned understands that this statement is mede subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unswom falsification to authorities.
FEDERMAN AND PHELAN
By: Frank Federman, Esquire
Atty. I.D. No.: 12248
One Penn Center at Suburban Station
Suite 1400
philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
COUNTRYWIDE HOME LOANS, INC.
F/K/A COUNTRYWIDE FUNDING CORPORAION
Plaintiff Court of Common Pleas
CUMBERLAND County
No. 01-4564CIVIL
VSo
JERRY A. RUSH
ELIZABETH J. MILLHOUSE
Defendant(s)
p__RAECIPE_ TO SUBSTITUTE LEGAL DESCRIPTION.
TO THE PROTHONOTARY:
Kindly substitute the attached legal description for the legal description originally
filed with the complaint in the instant matter.
Date
Frank Federman
Attorney for Plaintiff
Property Address: 533 SRINGFIELD ROAD, SHIPPENSBURG, PA 17257
LEGAL DESCRIPTION:
ALL THAT CERTAIN tract of land situate in North Newton township; Cumberland
county, Pennsylvania, bounded and described as follows:
BEGIINN1NG at a spike in the center if township road no.333 on the dividing line
between lots nos.3 and 4 on the hereinafter mentioned plan of lots; thence by said
dividing line south 19 degrees 44 minutes 40 seconds East 348.16 feet to an iron PIN;
thence by land now or formerly of the Commonwealth of Pennsylvania South 48 degrees
03 minutes 20 seconds West 160 feet to an iron PIN; thence by the dividing line between
lots nos. 4 and 5 on said plan of lots North 20 Degrees 17 minutes 20 seconds West
376.92 feet to a spike in the center of township road Nos. 333 aforesaid; thence by the
center of said road North 58 degrees 27 minutes East 155 Feet to the place of beginning.
BEING lot no.4 on the plan of lots known as rocky acres, as recorded in the office of the
recorded of deeds for Cumberland county in plan book 25, page 107.
SHERIFF'S
CASE NO: 2001-04564 P
COMMONWEALTH OF PENNSYLV~NIA:
COUNTY OF CUMBERLAND
COUNTRYWIDE HOME LOANS INC
VS
RUSH JERRY A ET AL
RETURN - REGULAR
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MILLHOUSE ELIZABETH J the
DEFENDANT , at 1305:00 HOURS, on the 2nd day of August , 2001
at 105 BOOZ RD
SHIPPENSBURG, PA 17257
MARY MILLHOUSE
MOTHER
by handing to
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 6.00
Service 13.00
Affidavit .00
Surcharge 10.00
.00
29.00
Sworn and Subscribed to before
me this ~ day of
J~o~ A.D.
' ' Prothonotar~ !
So Answers:
R. Thomas Kline
08/21/2001
FEDERM3%N & PHELAN
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04564 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COUNTRYWIDE HOME LOANS INC
VS
RUSH JERRY A ET AL
SGT. BARRY HORN , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
RUSH JERRY A
the
DEFENDANT
, at 3040:00 HOURS, on the 21st
at CUMBERLAND CO SHERIFF,S OFFICE 1 COURTHOUSE
day of August
SQ
, 2001
CARLISLE, PA 17013
JERRY RUSH
by handing to
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 18.00
Service 13.00
Affidavit .00
Surcharge 10.00
.00
41.00
Sworn and Subscribed to before
me this 3D-~' day of
~P~othonot ary
So Answers:
R. Thomas Kline
08/21/2001
FEDERM3LN & PHE~l
By:
D~,~ ~herif f
SHERIFF'S
CASE NO: 2001-04567 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WILSON PAVING INC
VS
CARLISLE CARE & TRUCK SERVICE
RETURN - REGULAR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
CARLISLE CAR & TRUCK SERVICE INC the
DEFENDANT
at 1257 MT HOLLY PIKE
, at 1455:00 HOURS, on the 1st day of August , 2001
CARLISLE, PA 17013
by handing to
STEVE FONNER, MAi~AGER
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this /6~' day of
~+ ~Z~D! A.D.
-~rdthonotary
So Answers:
R. Thomas Kline
08/07/2001
WAYNE SHADE
By: ~heriff
SHERIFF'S RETURN
CASE NO: 2001-04567 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WILSON PAVING INC
VS
CARLISLE CARE & TRUCK SERVICE
- REGULAR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
CARLISLE CAR & TRUCK SERVICE T/D/B/A HIGHLANDS TIRE & SERV the
DEFENDANT , at 1455:00 HOURS, on the 1st day of August , 2001
at 1257 MT HOLLY PIKE
CARLISLE, PA 17013
STEVE FONNER, MANAGER
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~, ~ day of
~"Q,, ~.,., ~ ~/ A.D.
So Answers:
R. Thomas Kline
0s/07/2001
WAYNE SHADE
By: ~iff
SHERIFF'S RETURN
CASE NO: 2001-04567 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WILSON PAVING INC
VS
CARLISLE CARE & TRUCK SERVICE
- REGULAR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
FONNER STEVEN L the
DEFENDANT , at 1455:00 HOURS,
at 1257 MT HOLLY PIKE
CARLISLE, PA 17013
STEVE FONNER
on the 1st day of August , 2001
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~' day of
~.~ ~2~z A. D.
P~othonot ary ' '
So Answers:
R. Thomas Kline
08/01/200
WAYNE SHADE
By: ~
Deputy Sheriff
SHERIFF'S RETURN
CASE NO: 2001-04567 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WILSON PAVING INC
VS
CARLISLE CARE & TRUCK SERVICE
- REGULAR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
HIGHLANDS ZANE R T/D/B/A CARLISLE CAR & TRUCK SERVICE the
DEFENDANT , at 1455:00 HOURS, on the 1st day of August , 2001
at 1257 MT HOLLY PIKE
CARLISLE, PA 17013 by handing to
STEVE FONNER, MANAGER
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~ ~ day of
~, .... ~ ~2~,~ / A.D.
~fothonotary
So Answers
R. Thomas Kline
08/07/2001
WAYNE SHADE
By: ~
~ D~puty Sheriff
· - SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04567 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WILSON PAVING INC
VS
CARLISLE CARE & TRUCK SERVICE
CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
HIGHLANDS ZANE R the
DEFENDANT , at 1455:00 HOURS,
at 344 GREEN SPRING RD
NEWVILLE, PA 17241
ZANE HIGHLANDS
on the 6th day of August , 2001
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 7.80
Affidavit .00
Surcharge 10.00
.00
23.80
Sworn and Subscribed to before
me this /L~-- day of
~ ~6~1 A.D.
~r6thonotary '
So Answers:
R. Thomas Kline
08/07/2001
WAYNEBy: SI-IADE~~
f/'Deputy ~f~
PLAINTIFF
A~'YlDAVIT OF SERVICE
COUNTRYWIDE HOME LOANS, INC.
F/I~A COUNTRYWIDE FUNDING
CORPORATION
DEFENDANT(S)
JERRY A. RUSH
ELIZABETH J. MII,LHOUSE
SERVE ELIZABETH J. MII,LHOUSE AT
105 BOOZ ROAD
SHIPPENSBURG, PA 172~7
CUMBERLAND COUNTY
No. 01-4564
ACCT. #.5~.~.~040
Type of Action
- Notice of Sheriff's Sale
Sale Date: MARCH 6,2002
SERVED
Served and made kn°wn te(~li ~)~ ~. ~f~il [ ~)CII~ , Defendant, on the _
at "~.~ o'cinck~.m., at ]0~D ~c~ ~:~i
of Pennsylvania, in the manner described below:
day of .~t~__~ 200.~,
, Commonwealth
Defendant personally served.
~' Adult family member with whom Defendant(s) reside(s). Relationship is ~ fY'~(~
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of hidging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of bnsiness.
~.Other: an officer of said Defendant(s)'s company.
Description: Age ~5 Height~.~- Weight }ZIO Race ~.) Sex ~/~)ther~l~ ~L
a ~'u~/~d correct ~y of the Notice of SherifFs Ssl~ in the manner as set forth herein, law, depose and state that I personally handed
issued in the captioned case on the date and at
the aa"~ress indicated above.
Sworn to and subscribed [ ' ~FHCIALNOTARYSEAL 1
befor, e,4ne this ~ day ~ I DAVID CREAMER [
of [~¢.~.. ,200~.~.r~-~ ~] C~ )1 l~aw~t~ucsrsno~m~m~l
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED.
NOT SERVED
On the day of _.
__ Moved __ Unknown
Other:
200__, at _
__ No Answer
_ o'clock __.m., Defendant NOT FOUND because:
__. Vacant
Sworn to and subscribed
before me this __ day
of ,200 _.
Notary:
By:
Attorn for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(~S) S6~-?000
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
COUNTRYWIDE HOME LOANS, INC.
F/K/A COUNTRYWIDE FUNDING
CORPORATION
CUMBERLAND COUNTY
No.: 01-4564
VS.
JERRY A RUSH
ELIZABETH J MILLHOUSE
MOTION FOR SERVICE PURSUANT TO
SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an
Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified
mail and regular mail to Defendant's last known address.
1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated
by the Affidavit of Service attached hereto as Exhibit "A."
2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffhas made a good faith
effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific
inquiries made and the results there fi.om is attached hereto as Exhibit "B."
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order
pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by
certified mail and regular mail to Defendant's last known address.
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
AFFIDAVIT OF SERVICE
PLAINTIFF
Countrywide Home Loans, Inc. f/k/a Countrywide
~oration
COUNTY Cumberland
ACCT. #5444040
DEFENDANT
Jerry A. Rush
Elizabeth .J. Millhouse
COURT NO.: 01-4564
SERVE Jerry A. Rush AT:
17 E. Hi hStreet #301
Carlisle~ PA 17013
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: March 6,2002
SERVED
Served and made known to , Defendant, on the day of , 200__, at
at , Commonwealth of Pennsylvama, in the manner described below:
__ Defendant personally served.
__ Adult family member with whom Defendant(s) reside(s)·
Relationship is
__ Adult in charge of Defendant's r~sidence who refi~sed to give name or relationship.
__ Manager/Clerk of place of lodging in which Defendant(s) reside(s).
__ Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
__ Other:
,o'clock _. M.,
Description: Age __ Height__ Weight__ Race__ Sex Other
I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a mae and
correct copy of the Notice of Sheriffs Sale hi the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above.
Sworn to and subscribed before me
this day of ,200__.
Notary: By:
· ¢L NOT SERVED
On the ]~4~ day of '~t~,~ =f~f, 200__~ at/O,'"o'clock A. M., Deten~t NOT FO~ because:
Moved ~ U~o~ ~ No ~wer Vac~t
Sworn to and subscribed before me
'-~RN~OR PLAINTIFF
One P~n C~t~ at Subn~n S~n
16~7 John F. ~n~ ~vd. Suite
Ph]l~phi~ PA 1910~Iq~4
(2~
PLAYERS NATIONAL LOCATOR
AFFIDAVIT OF GOOD FAITH INVESTIGATION
Loan Number: 01-4564
Attorney Firm: TRACK STARS
Case Number:
Subject: JERRY A RUSH
A.K.A.: None
Last Known Address: 533 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
Last Known Number: ( )
Michael K Gross, being duly sworn according to law, deposes and says:
1. I am employed in the capacity of President for Players National Locator.
2. On 01/01/2002, I conducted an investigation into the whereabouts of the above named
defendant(s). The results of my investigation are as follows:
EXHIBIT_"B
CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: 184-38-2283
B. EMPLOYMENT SEARCH:
Unable to locate a good employer for Jen'y.
C. INQUIRY OF CREDITORS:
Creditom indicated that Jerry is living at 17 E High Street, #301, Carlisle, Pa. 17013 with no valid
home phone number.
INQUIRY OF TELEPHONE COMPANY -
A. DIRECTORY ASSISTANCE SEARCH:
Directory assistance has no listing for Jerry Rush. We contacted 717-796-1104 and spoke with a
relative who stated Jerry is living at 17 E High Street, #301, Carlisle, Pa. 17013. We also
contacted 717-423-~620 mgistared at 105 Booz Road, Shippensburg, Pa. 17257 and spoke with a
person who stated Jerry moved from 533 Springfield Road, Shippensbu~, Pa. 17257 to Carlisle,
Pa.
INQUIRY OF NEIGHBORS -
We were unable to contact any neighbors to confirm who was residing at 105 Booz Road,
Shippenburg, Pa. 17257. We were unable to contact any neighbors to confirm if Jem7 Rush is
living at 533 Springfield Road, Shippensburg, Pa. 17257 or 17 E High Street, #301, Carlisle, Pa.
17013.
INQUIRY OF POST OFFICE -
A. NATIONAL ADDRESS UPDATE:
As of December 26, 2001 the National Change of Address (NCOA) has no change for Jerry from
17 E High Street, #301, Carlisle, Pa. 17013.
MOTOR VEHICLE REGISTRATION -
A. MOTOR VEHICLE & DMV OFFICE:
The Pennsylvania Department of Drivers Licensing has Jerry listed at the last known address.
OTHER INQUIRIES -
A. DEATH RECORDS:
As of December 26, 2001 the Social Security Administration has no death record on file for Jerry A
Rush under his social security number.
B PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ):
None Found
C. COUNTY VOTER REGISTRATION:
The Cumberland County Votem Registration Office has Jerry listed at the last known address.
OTHER SEARCHES -
The Cumberland County Tax Records Indicate: The address at 533 Springfield Road,
Shippenburg, Pa. 17257 appears to be owned by Jerry Rush. Jerry appears to be using this
address for mailing purposes. We were unable to locate any tax racords for Jerry Rush at 17 E
High Street, ~301, Carlisle, Pa. 17013. The Cumberland County Tax Recoils Indicate: We were
unable to locate any tax records for Jerry Rush at 105 Booz Road, Shippensbu~g, Pa. 17257.
ADDITIONAL INFORMATION ON SUBJECT -
A. DATE OF BIRTH:
01152
EXHIBIT "B'
AFFIANT Michael K Gross
SubscdJ~nd swan to before me-On (~/02/2002~ ~ .~*n*~,*~** ~ =.~,:ott,,,~c,~r~,~lic . ~
ARY PU~LI~ ~ ~ v
~ Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021
Phone: (636) 23~9922 Fax: (636) 23~0558
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
COUNTRYWIDE HOME LOANS, INC.
F/K/A COUNTRYWIDE FUNDING
CORPORATION
ATTORNEY FORPLAINT~F
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No.: 01-4564
VS.
JERRY A RUSH
ELIZABETH J MILLHOUSE
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
(a) If service cannot be made under the applicable rule, the plaintiffmay 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." Adoption 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, fi'iends 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 Affidavit of Service, marked hereto as Exhibit "A", the
Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the
whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good
Faith Investigation, marked Exhibit "B."
WItEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified
mail and regular mail to Defendant's last known address.
Respectfully submitted:
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff
in this action, that he is authorized to take this Affidavit, and that the statements made in the
foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO
SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information
and belief.
The undersigned understands that this statement herein is made subject to the penalties of
18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
COUNTRYWIDE HOME LOANS, INC.
F/K/A COUNTRYWIDE FUNDING
CORPORATION
CUMBERLAND COUNTY
No.: 01-4564
VS.
JERRY A RUSH
ELIZABETH J MILLHOUSE
CERTIFICATION OF SERVICE
I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service
Pursuant to Special Order of Court has been sent to the individuals indicated below on
January 30, 2002.
JERRY A RUSH
17 E HIGH STREET #301
CARLISLE, PA 17013
Date: January 30, 2002
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248 ATTORNEY FOR PLAiNTIFF
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS
(215) 563-7000 CIVIL DIVISION
COUNTRYWIDE HOME LOANS, iNC.
F/K/A COUNTRYWIDE FUNDiNG
CORPORATION
CUMBERLAND COUNTY
No.: 01-4564
VS.
JERRY A RUSH
ELIZABETH J MILLHOUSE
ORDER
AND NOW, this ~" day of~, 2002, upon consideration of Plaintiffs
Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED
that Pla!miff may obtain service of the Notice of Sale on the above captioned Defendant(s),
JERRY A RUSH, by mailing a tree and correct copy of the Notice of Saie by certified mail and
regular mail to Defendant's last known address and the mortgaged premises.
Service of the aforementioned mailings is effective upon the date of mailing and is to be
done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service.
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
COUNTRYWIDE HOME LOANS, INC.
F/K/A COUNTRYWIDE FUNDING
CORPORATION
CUMBERLAND COUNTY
No.: 01-4564
VS.
JERRY A RUSH
ELIZABETH J MILLHOUSE
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, tatum receipt requested, to JERRY
A RUSH AND ELIZABETH J MILLHOUSE on 2/21/02 at 533 SPRINGFIELD ROAD,
SHIFPENSBURG, PA 17257, in accordance with the Order of Court dated.
The undersigned understands that this statement is made subject to the penalties of 18 PA
C.S. s 4904 relating to unswom falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Date: Febru~
7160 3901 9844 7041 9030
TO: EL,z-ABE ~ H J MILLHOUSE
17 E HIGH STP,.EET, #301
CARLISLE, PA 17013
SENDER: TEAM 5
REFERENCE: RUSH, J
PS Form 3800, June 2000
RECEIPT Certified Fee 1
SERVICE Return Receipt Fee ! .50
Restricted Deliver~ ~"i . 0.00
Total Postage & Fees ,Y.~i~,~ 3.74
US Postal Service ~tMA;K O,~R ~ATE
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for international Mail
7160 5901 9844 7041 9061
533 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
7160-~4901 9844 7041 8996
TO: JERRY A RUSH
I7 E HIGH STREET, #301
CARLISLE, PA 17013
SENDER: TEAM 5
REFERENCE: RUSH, J
PS Form 3800, June 2000
RECEIPT Certified Fee
SERVICE 1
Return Receipt Fee 1.50
Restricted Delivery ~:71 ~ -~' 0.00
tal Postage & Fees " '-' "3,74
US Postal Service
Receipt for
Certified Mail
No Insurance Coverage Provided
7160 3901 9844 7041 9078
POSTMARK OR DATE
TO: ELIZABETH J MILLHOUSE
533 SPRINGFIELD ROAD
SHIPPENSBURG, PA I7257
SENDER: TEAM 5
REFERENCE: RUSH, J
PS Form 3800, June 2000
RECEIPT Ce~ifled Fee
SERVICE 1.90
,Return Receipt Fee 1.50
Restricted Deliver/ __ 0.00
Total Postage & Fees
~ ~ i 3.74
US Posta, Serv,ce ~OR DATE
Receipt for ,!.::
Certified Mail
SENDER: TEAM 5
REFERENCE: RUSH, J
PS Form 3800~ June 2000
RETURN l Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
US Postal Service
Certified Mail
1.90
1.50
, ~ 0.00
¢(~1 DAT~' O~
Receipt for [~ 'x ~
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DWISION
COUNTRYWIDE HOME LOANS, INC.
F/K/A COUNTRYWDE FUNDING
CORPORATION
CUMBERLAND COUNTY
No.: 01-4564
VS.
JERRY A RUSH
ELIZABETH J MILLHOUSE
E] oo2
ORDER
NOW,
this
oft ~D_L_~D_L.L~, 2002, upon consideration of Plaintiffs
Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED
that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s),
JERRY A RUSH, by mailing a true and correct copy of the Notice of Sale by certified mail and
regular mail to Defendant's last known address and the mortgaged premises.
Service of the aforementioned mailings is effective upon the date of mailing and is to be
done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service.
BY THE COURT:
TRUE CO?Y FROM RECORD
In Testimony whereof/I here unto set my hand
and Nle aeal of aid,Court,at Ca, lisle, Pa.
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81~E I 'ON NOIIVDIffI'JA'4'A(II
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE:
COUNTRYWIDE HOME LOANS, iNC.
F/K/A COUNTRYVVIDE FUNDING CORPORATION ) CIVIL ACTION
)
VS.
JERRY A. RUSH
ELIZABETH J. MILLHOUSE
CIVIL DIVISION
NO. 01-4564 CIVIL
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME
LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION hereby verify
that on 11/27/01 & 2/21/02 true and correct copies of the Notice of Sheriff's sale
were served by certificate of mailing to the recorded lienholders, and any known
interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the
Defendant(s) on 1/7/02 & 2/20/02 by certified mail return receipt requested see
Exhibit "B" attached hereto.
DATE: April 18, 2002
FRANK FEDEI~MAN, ESQUIRE
Attorney for Plaintiff
7160 ~9~31 9844 7041 9030
TO: ELIZABETH J MILLHOUSE
17 E HIGH STILEET, #301
CARLISLE, PA 17013
SE~DER: TEAM5
REFERENCE: RUSH, J
PS Form ~00, June 2000
RETURN [postage
RECE{PT Certified Fee
SERVICE Retum Receipt Fee
~ed Delivery
I Total postage & Fe
US Posta. I Service
Receipt for
Certified Mail
No Insurance coverage provided
716fl ~9~1 9844 7041 9061
10: JERRY A RUSH
533 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
SEN. DER: TEAM 5
REFERENCE: RUSH, J
PS Form 3800~ June 2000
RETURN PITostage
RECEIPT Ceaitied Fee
SERVICE Return ReCeipt Fee
Restricted Delhte~
tel postage & Fees
[ Receipt for
Certified Mall
DO Not Use for Intemetionsl Mait
,~4
1.90
1.50
0.00
7160 3901 9844 7041 9078
TO: ELIZABETH J MILLHOUSE
533 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
SE .NDER: TEAM 5
REFERENCE: RUSH, J
7160 3901 9844 6S29 4S81
TO: Jerry A. Rush
17 E. H!gh Street, #301
Carlisle, PA 17013
SENDER: team 5
REFERENCE: Rush, Jerry
PS Form 3800, June 2000
RETURN I Postage
RECEIPT Certified Fee
SERVICE · Return Receipt Fee
Restricted Delivery
Total Post~ge & Fees
US Post.al Service POSTMl
Recempt for
Certified Mail
NO insurance Coverage Provided
Do Not Use for Intemati(~al Mail
t4
2.10
1,50
3.20
7.14
7t6Q~1 9844 7041 8996
17 E HIGH STREET, #301
CARLISLE, PA 17013
SENDER: TEAM5
REFERENCE:RUSH,]
PS Form 3800, June 2000 ) PS Form 3800 June 2000 -- ., s
RECEIPT ] CertRledFee ~ 1.90 iI RECEiPT ~ CeaifledFee ~'~-~
SERVICE I Return Receipt Fee / 1.50 i SERVICE ~ - 1,50 __
i Restricted Deliver'/ ~ 0.00
Receipt for. [~ "~)~) Receipt for ~,~..~ ~/~://
DO Not Use fo~ fotemedonal Mail Do Not Use for iotemation~ Mail