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HomeMy WebLinkAbout01-5743' Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff; Loan No.: 5944629665 FANNIE MAE P.O. BOX 1093 NORTHR1DGE, CA 91328-1093 PLAiNTIFF, VS. LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01 ~ .~9'q,~ COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You hav~ 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus obj eciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQU1RE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5944629665 FANNIE MAE P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 PLAINTIFF, VS. LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 0 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is FANNIE MAE, with its principal place of business located at P.O. BOX 1093 NORTHRIDGE, CA 91328-1093. 2. The names and last known addresses of the Defendants are: LYNDA H. SUMMERS, 502 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about AUGUST 26, 1999, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter descril~ed to NORTH AMERICAN MORTGAGE COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: DATE RECORDED: BOOK: 1570. PAGE: AUGUST 26, 1999 SEPTEMBER 14, 1999 423 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about AUGUST 26, 1999, in consideration of their indebtedness to NORTH AMERICAN MORTGAGE COMPANY, LYNDA H. SUMMERS made, executed and delivered to NORTH AMERICAN MORTGAGE COMPANY their promissory Note in the original principal amount of $116,800.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the.legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: NORTH AMERICAN MORTGAGE COMPANY AssIGNEE: PNC MORTGAGE CORPORATION OF AMERICA DATE OF ASSIGNMENT: MAY 1, 2001 RECORDING DATE: MAY 1, 2001 BOOK: 673 'PAGE: 582 7. The Mortgage is secured by property located at 502 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055, which is more particularly described in the legal description attached hereto as Exhibit "B" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due 05/01/01 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. The following amounts are due on the Mortgage: Principal Balance 8.52% interest from 04/01/01 to SEPTEMBER 25, 2001 at $26.95 per day Accrued Late Charges Other Fees Attorney's Fees TOTAL AMOUNT DUE $115,466.95 $4,797.10 $252.50 $15.60 $2,829.50 $123,361.65 2 Interest continues to accrue at the per diem rate of $26.95 for every day after SEPTEMBER 25,2001 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 12. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendants, dated JULy 3, 2001. Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 13. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after SEPTEMBER 25,2001 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended bythe Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights andprivileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged propertS/. SPEAR & HOFFMAN, P.A. 3 VERIFICATION I, BONNIE L. DAHL, verify that I am the attorney for the plaintiffin this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of FANNIE MAE, who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. DAT~: [ BONNIE L. DAHL Attorney for Plaintiff Exhibit "A" IIgNDIgg lligillfl I~iIHIIliJl~ 89/21/2881 14:38 2311585 E E E 89/21/2881 14:38 2311585 P~G~ 07 89/21/2881 14:3~ 2311585 E E E 89/21/2881 14:38 2311585 .429 ,fi<. Exhibit "B" i4:38 2311§o5 L~OALDgSCP, IFI'IoN I Certify this,' In CumberPr PA(~ 14 bc r¢co~ext County ~'ordcr of Deeds Exhibit "C" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This la~v firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit maybe used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plainti fl' as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the nam9 and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. SHERIFF'S RETURN - REGULAR CASE NO: 2001-05743 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FANNIE MAE VS SUMMERS LYNDA H SHANNON SUNDAY Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE SUMMERS LYNDA H Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 2112:00 HOURS, on the 4th day of October , 2001 at 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 LYNDA SUMMERS 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 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this /~ ~ day of ~ ~l A.D. P~oth6~otary ' So Answers: R. Thomas Kline lO/OS/2OOl SPEAR & HOFFMAN Deputy Sherif ~ SPEAR & HOFFMAN, P.A. BY: BONNIE DP&IL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 75%1560 ATTORNEY FOR PLAINTIFF LOAN# 5944629665 FANNIE MAE P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 PLAINTIFF, VS. LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-5743 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $124,574.40 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to PlaintiWs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 8.52% from 04/01/01 to NOVEMBER 9, 2001 (223 days ~ $26.95 per diem) $6,009.85 Accrued Late charges $252.50 Other Fees $15.60 Attorneys Fees $2,829.50 TOTAL AMOUNT DUE Attorney for Plaintiff $115,466.95 $124,574.40 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $124,574.40 PRO PROTHY j~ SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KiNGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAiNTIFF FANNIE MAE PLA!N. TIFF, VS. LYNDA H. SUMMERS DEFENDANTS COURT OF COMMON PLEAS CLrMBERLAND COUNTY DOCKET NO. 01-5473 CERTIFICATION OF MAILiNG NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at. least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and e6rrect copy of each Notice is attached hereto, sent as stated. Dated: 10/26/01 SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 ' 1020 NORTH KINGS HIGHWAY; SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 5944629665 FANNIE MAE PLA~i~T'!FF, LYNDA H. SUMMERS DEFE~qDA .,NT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-5743 NOTICE To: LYNDA H. SUMMERS 502 APPALAG'ItlAN AVENUE MECHANICSB'URG, PA 17055 Date of Notice: 10/26~...11 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BI~-ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR, O]'HER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Attorney for Plaintiff THIS LAW FIRM MAy BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRAOrICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF Tills LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF FANNIE MAE PLAINTIFF, VS. LYNDA H. SUMMERS DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5743 CWIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: FANNIE MAE P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 SPEAR~& HOFFM(~P.A. DP&IL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF FANNIE MAE PLAINTIFF, VS. LYNDA H. SUMMERS DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5743 CIVIL TERM CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 Date mailed: _~ / BY: SPEAR & HOFFMAN, P.A. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF FANNIE MAE PLAINTIFF, VS. LYNDA H. SUMMERS DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-5743 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly swom according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiffs behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant, LYNDA H. SUMMERS, is over 21 years of age. Her last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 502 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055. SWORN TO AND SUB, SCRIBED ~ONNIE Dp.T-IL, ESQUIRE BEFORE ME THIS \~ DAY OF~, 200!. /'- ~ICH,~LE I1~. Io:=~LER November 15, 2001 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 FANNIE MAE PLAINTIFF, VS. LYNDA H. SUMMERS DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-5743 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: X Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAHL, ESQUIRE at this telephone number: (856) 755-1560 SPEAR & HOFFMAN, P.A. BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 FANNIE MAE PLAINTIFF, VS. LYNDA H. SUMMERS DEFENDANT COURT OF COMMON'PLEAS CUMBERLAND COUNTY NO. 01-5743 CIVIL TERM PRAEC~E TO WITHDRAW JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Kindly withdraw the judgment by default in the above captioned matter which was filed on NOVEMBER 20, 2001, as the Mortgagors have reinstated their mortgage. SPEAR AND HOFFMAN, P.A. BONNIE L. DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 5944629665 FANNIE MAE P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 PLAINTIFF, VS. LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBUiRG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-5743 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FA/LURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $137,510.40 in favor of the Plaintiff and against the defendant(s), jointly, and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 8.52% from 04/01/01 to MARCH 4, 2003 (703 days @ $26.95 per diem) Late charges Other Fees Attorney's Fees (As stated in Complaint) TOTAL AMOUNT DUE $115,466.95 $18,945.85 $252.50 $15.60 $2,829.50 ~ :_~_.~! $137,510.40 LAURENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $137,510.40 PRO PROTHY SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQ. UIRE ATTORNEY I.D. NO. '79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF FANNIE MAE VS. PL .A!NTIFF, LYNDA H. SUMMERS DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01 ~ CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned herebY, certifies that a Written Notice of Intention t° file a Praecipe for the Entry of Default Judgment was .mailed to Defendant(s) and to h/s, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and e¢rrect copy of each Notice is attached hereto, sent as stated. Dated: 10/26/01 ". BY: SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN//5944629665 FANNIE MAE P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 PLAINTIFF, VS. LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBUiRG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-5743 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $137,510.40 in favor of the Plaintiff and against the defendant(s), jointl~ and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 8.52% from 04/01/01 to MARCH 4, 2003 (703 days @ $26.95 per diem) Late charges Other Fees Attorney's Fees (As stated in Complaint) TOTAL AMOUNT DUE $115,466.95 $18,945.85 $252.5O $15.60 $2,829.50 _~? *137,510.40 LAURENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $137,510.40 PRO PROT ¥ SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN//5944629665 FANNIE MAE P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 PLAINTIFF, VS. LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBUj~G, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-5743 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $137,510.40 in favor of the Plaintiff and against the defendant(s), jointl~ and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 8.52% from 04/01/01 to MARCH 4, 2003 (703 days @ $26.95 per diem) Late charges Other Fees Attorney's Fees (As stated in Complaint) TOTAL AMOUNT DUE $115,466.95 $18,945.85 $252.50 $15.60 $2,829.50 ~~~_ :_~? $137,510.40 LAURENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $137,510.40 PRO PROTHY /,da~_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Fannie Mae Plaintiff (s) From Lynda H. Summers (2) of NO 01-5743 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. You are also directed to attach the property of the defendant(s) not levied upon in the possession GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS137,510.40 Interest $2,214.80 Atty's Comm % Atty Paid $115.50 Plaintiff Paid L.L.$.50 Due Prothy $1.00 Other Costs Date: March 10, 2003 (Seal) REQUESTING PARTY: Name Laurence R. Chashin, Esq. Address: 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ 08034 Attorney for: Plaintiff Telephone: 856-755-1560 CURTIS R. LONG Prothonotary By: ~'~. ~_ ~. ~ Deputy Supreme Court ID No. 77558 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION FANNIE MAE : ( ) : ( ) vs. : File No. : Amount Due LYNDA H. SUMMERS : Interest : Atty's Comm : Costs TO THE PROTHONOTARY OF THE SAID COURT: Confessed Judgment Other 01-5743 CIVIL TERIVI $137,510.40 $ 2,214.80 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND debt, interest and costs upon the following described property of the defendant(s) 502 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055 County, for PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. \ DATE: March4,2003 Signature:~o,-.~-~...~ /]~57~ ~___~~ ~ Print Name: LAURENCE R. CHASHIN, ESQUIRE Address: 1020 N. Kings Highway, Suite 210 Cherry Hill, N.J. 08034 Attorney for: FANNIE MAE < 0z .< < < Z 0.% 0 0 0 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MEDDLE DISTRIC~T OF PENNSYLVANIA INRE: Lynda H. Summers Washington Mutual Bank, (n) MOVANT, VS. Lynda H. Summers RESPONDENT(S)/DEBIOR(S) Charles J. Dehart,llI, Trustee RESPONDENT/TRUS TEE BKY CASE NO. 01-05871/RJW CHAPTER NO.: 13 11 U.S.C. SECTION 362 ORDER MODIFYiNG §362 AUTOMATIC STAY AND NOW, this 9th day of August , 2002, at the MIDDLE District of Pennsylvania, upon failure of the Debtor to file an answer within the time allowed, appear or otherwise respond to the Motion of the above-named Movant for Relief from the Automatic Stay, and for good cause shown, it is: ORDERED AND DECREED that the Automatic Stay of all proceedings, as provided under §362 of the Bankruptcy Reform Act of 1978 (The Code) 11, U.S.C. §362 is modified to allow the above-named Movant, its successors or assigns to proceed with, or to resume proceedings in mortgage foreclosure, including, but not limited to, Sheriff's or Marshal's Sale of 502 Appalachian Avenue, Mechanicsburg, PA 17055; and to take action, by suit or otherwise as permitted by law, in its own name or the name of its assignee, to obtain possession of said premises. FURTHER, this order shall take effect immediately without regard to Bankruptcy Rule 4001(a)(1). Id John J. Thomas UNITED STATES BANKRUPTCY JUDGE CC: Robert W. Cusick, Esquire SPEAR & HOFFMAN, P.A. 1020 North Kings Highway, Suite 210 Cherry Hill, NJ 08034 856-755-1560 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. '79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF FANNIE MAE PLAIN. TIFF, VS. LYNDA H. SUMMERS DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01 ~ CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby, certifies that a Written Notice of Intention t° file a Praecipe for the Entry of Default Judgment was .mailed to Defendant(s) and to h/s, her or their attorney of record, if any, after the default occurred and at. lleast ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and e6rrect copy of each Notice is attached hereto, sent as stated. Dated: 10/26/01 BY: SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF UPPER ALLEN COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERN LINE OF APPALACHIAN AVENUE AT THE SOUTHERN LINE OF LOT NO. 32, AS SHOWN ON THE HEREIN AFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE SOUTHERN LINE OF LOT NO. 32 NORTH 76 DEGREES 16 MINUTES WEST ONE HUNDRED TWENTY (120) FEET TO A POINT; THENCE SOUTH 13 DEGREES 44 MINUTES WEST NINETY (90) FEET TO A POINT; THENCE ALONG THE NORTHERN LINE OF LOT NO. 34 ON SAID PLAN SOUTH 76 DEGREES 16 MINUTES EAST ONE HUNDRED TWENTY (120) FEET TO APPALACHIAN AVENUE, THENCE ALONG THE WESTERN LINE OF APPALACHIAN AVENUE NORTH 13 DEGREES 44 MINUTES EAST NINETY (90) FE~_ET TO THE PLACE OF BEGINNING. BEING LOT NO. 33, PLAN OF SECTION 2, MT. ALLEN HEIGHTS, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK 12, PAGE 16. BEING THE SAlV~E PREMISES WHICH LYNDA H. SUMMERS BY DEED DATED AUGUST 26, 1999 AND RECORDED SEPTEMBER 14, 1999 IN THE COUNTY OF CUMBERLAND AND STATE OF PENI~.~SYLVANIA IN DEED BOOK 207 PAGE 738 CONVEYED UNTO LYNDA H. SUMMERS, MORTGAGOR HEREIN. PARCEL NO. 42128-2421-267 PROPERTY ADF~RESS: 502 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055. SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF FANNIE MAE VS. PLAINTIFF, LYNDA H. SUMMERS DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5743 CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address ot the judgment creditor (Plaintiff) is: WASHINGTON MUTUAL BANK C/O FANNIE MAE P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 BY: SPEAR & HOFFMAN, P.A. LAU~I~NCE R. CHASHIN, ESQUIRE SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF FANNIE MAE VS. PLAINTIFF, LYNDA H. SUMMERS DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-5743 CIVIL TERM CERTIFICA FE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaimiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 Date mailed: ~- -~- 03 BY: SPEAR & HOFFMAN, P.A. LAURENCE R. CHASHIN, ESQUIRE SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF FANNIE MAE VS. PLAINTIFF, LYNDA H. SUMMERS DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-5743 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE LAURENCE R. CHASHIN, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captio,,ed matter, that he makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant, LYNDA H. SUMMERS, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 502 APPALACHIAN AVFNUE, MECHANICSBURG, PA 17055. SWORN TO AND S~UB~CRIBED BEFORE ME THIS L~ DAY OF ]/h ~ bc,/~, , 20 ~ . BY: CE R. CHASHIN, ESQUIRE 'March 4, 2003 DONNA M. LUPO Notary Public of New Jersey My Commission Expire8 February 22, 2005 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 FANNIE MAE VS~ PLAINTIFF, LYNDA H. SUMMERS DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-5743 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAURENCE R. CHASHIN, ESQUIRE at this telephone number: (856) 755-1560 SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 · ATTORNEY FOR .:PLAINTIFF FANNIE MAE PLAINTIFF, VS. LYNDA H. SUMMERS DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-5743 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 FANNIE MAE, plaintiff in the above action, by its attorney, LAURENCE R. CHASHIN, ESQUIRE sets forth, as of the date the Praecipe for the Writ c~f Execution was filed, the following information concerning the real Property located at 502 APPALACHIAN AVENUE, MECHANICSBURG, PA 17055: Name and address of Owner(s) or Reputed Owner(s): .' LYNDA H! SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: LYNDA Hi SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 3. Name and list known address of every judgment creditor whose judgment is a record lien on the real property to be sold: UPPER ALLEN TOWNSHIP 4714 INDIAN TRAIL ROAD NORTHAMPTON, PA 18067 REF# 2001'2657 o Name and a, ddress of the last recorded holder of every mortgage of record: WASHINGTON MUTUAL BANK C/O FANI'4IE MAE P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 NORTH AMERICAN MORTGAGE COMPANY 3883 AIRWAY DRIVE SANTA ROSA, CA 95403 PNC MORTGAGE CORP. P.O. BOX 2026 FLINT, MI[48501-2026 Name and address of every other person who has any record lien on the property: NONE 6. Yl ........ d ,addrcaa of every other p~r~on who has any record interest in the property and whose interest may be affected by the sale: DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLY~q MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 interest Name and address of every other person of whom the plaintiff has knowledge who has any in the prop.erty which may be affected by the sale: TENANT(S)/OCCUPANT(S) 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. LAURENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF FANNIE MAE PLAINTIFF, VS. LYNDA H. SUMMERS DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-5743 CIVIL TERM CERTIFICATION LAURENCE R. CHASHIN, ESQUIRE, hereby verifies that she is the 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: ( ) ( ) ( ) (x) an FHA mortgage non-owner occupied vacant 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. LAURENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, blEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF FANNIE MAE VS. PLAINTIFF, LYNDA H. SUMMERS DEFENDANTS COURT OF COMMONPLEAS CUMBERLAND COUIITY DOCKET NO.01-574~IVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPER'_g TO: LYNDA H. SUMMERS 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 Your house (real estate) at: 502 APPALACHIAN AVENUE MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003 at: CUMBERLAND COUNTY COURTjSE 2ND FLOOR, COMMISSIONERS HEAY ROOM 1 COURTHOUSE SQUAF CARLISLE, PA 17013-37 at 10:00 a.m. to enforce the court judgment of $137,510.40 c'd by FANNIE MAE against you. NOTICE OF OWNER?iTS YOU MAY BE ABLE TO PREVEN ' SHERIFF'S SALE To prevent this Sheriff's Sale you must take i__m:~: lie MAE the amount of the judgment plus 1. The sale will be canceled if you pay tb attorney's fees due. To find out how costs or the back payments, late charges, costs and r, much you must pay, you may call: (856) 755-1560. a petition asking the Court to strike or open 2. You may be able to stop the sale lou may also ask the Court to postpone the the judgment, if the judgment was improperly eh' sale for good cause. n other legal proceedings. 3. Yqu may be able to stop the s~~ ~. The SOoner you contact one, the more chance You may need an attorney to assert ,~e two on how to obtain an attorney.) you will have of stopping the sale. (See no' YOU MAY STILL BE ABLE TO SAVE -OPERTY 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 (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. . 6. Yqu 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 no later than JULY 11, 2003 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediate!y after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-I560 ATTORNEY FOR PLAINTIFF FANNIE MAE PLAINTIFF, VS. LYNDA H. SUMMERS DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-5743 CIVIL TERM CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this property is: [ ] FHA - Tenant Occupied or Vacant [ ] Commercial [ ] As a result of a Complaint in Ass,,mpsit [ X ] That the Plaintiff has complied in all respects with Section 403 of the Mortgage assistance Act including but not limited to: (a) (b) (c) (d) Service of notice on Defendant(s) Expiration of 30 days since the service of notice Defendant(s) failure to request or appear at meeting with Mortgagee or Consumer Credit Counsehng Agency Defendant(s) failure to file application with Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of CUMBERLAND County for any false statement given herein. LAURENCE R. CHASHIN, ESQUIRE Attorney for Plaintiff CERTIFICATE TO THE SHERIFF SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 FANNIE MAE VS. LYNDA H. SUMMERS : COURT OF COMMON PLEAS : NO.01-5743 CIVIL TERM I HEREBY CERTIFY THAT I. The judgment entered in the above matter is based on an action: X Ao B. C. D. In Assumpsit (Contract) In Trespass (Accident) In Mortgage Foreclosure On a note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The defendant(s) own the property being exposed to sale as: X B. C. D. E. F. An individual Tenants by the Entireties Joint tenants with right of survivorship A partnership Tenants in Common A corporation III. The defendant(s) is (are): X Ao Resident in the Commonwealth of Pennsylvania Not resident in the Commonwealth of Pennsylvania If more than one defendant and either A or B above not applicable, state which defendants are residents of the Commonwealth of Pennsylvania. Residents: Phone No. (856) 755-1560 Name: Signature: Address: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 N. Kings Highway, Suite 210 Cherry_ Hill, N.J. 08034 12 03 04:04p Spear&Hog,man 185675515?0 p.1 Law Offices Spear and Hoffman, P.A, Irvinc C. Spear (1922-i976) March 12, 2003 SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 ATTN: JODY RE: FANNIE MAE vs. LYNDA H. SUMMERS Docket No. 01-5743 CIVIL TERM Sale Date: JUNE 11, 2003 Our File WMS-P-273 Dear Sir/Madam: Kindly stay the sale scheduled for the above-referenced case due to the fact that Defendant LYNDA H. SUMMERS has' satisfied her payments to our client. No monies were received. In order for our firm .to properly bill our cliem, please take the time to send us the refund of $1,500.00 and a copy of the w.rit. Please return the writ to the prothonotary. If you have any questions or concerns, please do not hesitate to contact the undersigned. Thank you for your anticipated cooperation and courtesy in this matter. Very truly yours, SPEAR AND HOFFMAN, P.A. /hck VIA FACSIMILE TO 717-240-6397 NJ/PA: 1020 N. Kings Highway/Suite 210/Cherry Hill, New Jersey 08034/(856) 755-1560/FAX(856) 755- 1570 SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE ATTORNEY I.D. NO. 77558 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 FANNIE MAE VS. PLAINTIFF, LYNDA H. SUMMERS DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-57'43 CIVIL TERM PRAECIPE TO WITHDRAW JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Kindly withdraw the judgment by default in the above captioned matter which was filed on March 10, 2003. SPEAR AND HOFFMAN, P.A. Attorney for Plaintiff