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HomeMy WebLinkAbout01-04564FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 ~~~~~1_~onn COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024-3632 CIVIL DIVISION TERM Plaintiff ~~ v. NO. OI -~SGy ~lUt(, CUMBERLAND COUNTY JERRY A. RUSH ELIZABETH J. MILLHOUSE 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 Defendant(s) **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII,L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIItMED, 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 maybe 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 Plaintif£ 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 Lean #:5444040 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAH2 DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1698 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO 50 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 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024-3632 2. The name{s) and last known address(es) of the Defendant(s) are: JERRY A. RUSH ELIZABETH J. MILLHOUSE 533 SPRINGFIELD ROAD SHII'PENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. 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 of Mortgage dated 7/17/95 the mortgage was assigned to PROVIDENT BANK OF MARYLAND which Assignment is recorded in Assigmnent of Mortgage Book No. 499, Page 1133. By Assignment of Mortgage dated 9/29/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 505, Page 12. 4. 7'he 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 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. 6. The following amounts are due on the mortgage: Principal Balance $94,637.22 Interest 3,774.68 1/1/Ol through 7/1/01 (Per Diem $20.74) Attorney's Fees 4,000.00 Cumulative Late Charges 0.00 7/14/95 to 7/1/01 Cost of Suit and Title Search ssn.nn Subtotal $102,961.90 Escrow Credit 104.58 Deficit 4..00 Subtotal ($.1114.58 TOTAL $102,857.32 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 acfion 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 $102,85732, 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. ~~~ ~~, /a/ Frank FPrlPrman FRANK FEDERMAN, ESQLIII2E Attorney for Plaintiff _-. TDGEmHER with all and singular the improvements, Ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever oY Grantors, as well at law as in equity, oP, in, and to the same. To HAVE AHD To xoLD the lot or piece oP ground described above with the messuage or tenement thereon erected hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto Grantees their heirs and assigns, to and 4or the nnl v nrnnar ~.'..°.°. ~ ~--1~n1.a.~4 .-j r_-.2...~ .... s..vaa..vt uy vtnu cae`5 cneir heirs and assigns Forever. AND' Grantors, their heirs, executors and administrators do covenant, promise and agree, to and with Grantees heirs and assigns, by these presents, that Grantors and their heirs, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, to Grantees their heirs and assigns, against them, Grantors and their heirs, and 9001( ~,2Jr PAGE ,`ZG7 PREMISES: 533 SPRINGFIELD ROAD VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE 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 Givil Action in Mortgage Foreclosure aze tme and correct to the best of his knowledge, infom~ation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S._Sec. 4904 relating to unswom falsification to authorities. ~ S N// DATE: ~{ 1 s PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, v, No. 01-4564 JERRY A. RUSH ELIZABETH J. MILLHOUSE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/10/01 t 03/06/02 (per diem -17.26) TOTAL $104,972.80 $2537.22 and Costs $107,510.02 RANK FEDEAN, ESQUIRE ne Penn Cent r at Suburban Station 1 17 John F. K needy Boulevard, Suite 1400 R ~ladelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ALL TH~T CERTAIN TRACT OF LAND SITUATE IN NORTH NEWTON TOWNSHIP; CUMBERLAND COUNTY, PjiNNSYLVANL4, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIN IN THE CENTER OF TOWNSHIP ROAD N0.333 ON THE DIVIDiNGLINE BETWEEN LOTS NOS. 3 AND 4 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE SOUTH 19 DEGREES 44 MIIVUTES 40 SECONDS EAST 348.16 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF THE COMMONWEALTH OF PENNSYLVANL4 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 SPII~ 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 N0.4 ON THE PLAN OF LOTS KNOWN AS ROCKY ACRES, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR~CUMBERLAND COUNTY IN PLe4`I BOOK 25, PAGE 107. BEING KNOWN AS: 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION T Plaintiff, v. JERRY A. RUSH ELIZABETH J. MILLHOUSE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS C1VH. DIVISION NO.Ol-4564 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS. INC. F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,533 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERRY A. RUSH ELIZABETH J. MILLHOUSE 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 105 BOOZ ROAD SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: JERRY A. RUSH 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 ELIZABETH J. MILLHOUSE 105 BOOZ ROAD SHIPPENSBURG, PA 17257 3. Name and last lrnown address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. + ame and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to ay~horities. November 26.2001 DATE for FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION v. P1ainHff, JERRY A. RUSH ELI7.ABETH J. MILLHOUSE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.O1-4564 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: (X) an FHA mortgage () non-owner occupied () vacant Q 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. FEDEI~A"N, ESQUIItE for Pla tiff COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, v. JERRY A. RUSH ELIZABETH J. MILLHOUSE Defendant(s). CUMBERLAND COUNTY No. 01-4564 November 26, 2001 TO: JERRY A. RUSH 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 ELIZABETH J. MILLHOUSE 105 BOOZ ROAD SHIPPENSBURG, PA 17257 * *THlS FIRM /S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILD BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT Tq COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LlENAGAINST PROPERTY. Your house (real estate) at , 533 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 6,2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $104,972.80 obtained by COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION (the mortgagee) against you. If the Sheriffls sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a shaze 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 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ..F ALL THAT CERTAIN TRACT OF LAND SITUATE IN NORTH NEWTON TOWNSHIP; CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIICE IN T$E CENTER OF TOWNSHD' ROAD N0.333 ON THE DIVIDINGLINE BETWEEN LOTS NOS. 3 A'ND 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 DZON 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 SPLICE 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 N0.4 ON THE PLAN OF LOTS KNOWN AS ROCKY ACRES, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLADT BOOK 25, PAGE 107. BEING KNOWN AS: 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 FEDERMAN AND PHELAN $y: FRANK FEDERMAN Identificafion No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 12151 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWH)E FUNDING CORPORATION 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024-3632 Plaintiff vs. JERRY A. RUSH 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 ELIZABETH J. MILLHOUSE 105 BOOZ RD SHIPPENSBURG, PA 17257 Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVII. DIVISION NO. 01-4564 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, ui favor of the Plaintiff and against JERRY A. RUSH and ELIZABETH J. MILLHOUSE, Defendant(s), for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 7/1/01-10/10/Ol $102,857.32 $2,115.48 TOTAL $104,972.80 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. F FEDERMAN, ESQiJII2E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ID [C -D ( •~ ~- / PRO PROTHY **THIS FHtM 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 REAFFntMED, TATS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-4564 JERRY A. RUSH ELIZABETH J. MILLHOUSE Defendant(s) TO: JERRY A. RUSH 17 EAST HIGH STREET, APT. #301 CARLISLE, PA 17013 DATE OF NOTICE: SEPTEMBER 11,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff vs. JERRY A. RUSH ELIZABETH J. MILLHOUSE Defendant TO: ELIZABETH J. MILLHOUSE 105 BOOZ ROAD SHIPPENSBURG, PA 17257 DATE OF NOTICE: SEPTEMBER 11,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing__with the __ court your defenses or objections to the claims set forth against you. Unless you act within ten (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, PA 17013 (717) 249-3166 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO.O1-4564 Frank Federman,ESquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification 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 CORPORATION Plaintiff vs. JERRY A. RUSH ELIZABETH J. MILLHOUSE Defendant(s) CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-4564 CIVIL VERIFICATION OF NON-MILTTARY 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 lrnowledge 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 JERRY A. RUSH is over 18 yeazs of age and resides at 533 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257. (c) that defendant ELIZABETH J. MILLHOUSE is over 18 years of age, and resides at 105 BOOZ RD, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. °~~~~~ ~ FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 -Revised) COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWH)E FUNDING CORPORATION Plaintiff vs. CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-4564 CIVIL, JERRY A. RUSH ELIZABETH J. MILLHOUSE Defendant(s) Notice is given that a Judgment in the above capfioned matter has been entered against you on OCTOBER ~ , 2001. By ~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUII2E Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215,, 567000 **THIS THZM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAIlVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANIQiUPTCY AND THIS DEBT WAS NOT REAFFII2MED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** n . 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) 5637000 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORAION Attorney for Plaintiff Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 01-4564CIVIL JERRY A, RUSH ELIZABETH J. MILLHOUSE Defendant(s) PRAECIPE 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. ~ "~ 3 0 7.i~t~~~f'.rrr~.~ 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: BEGIINNING 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 fonnerly of [he 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 RETURN - REGULAR CASE N0: 2001-04564 P COMMONWEALTH OF PENNSYLVANIA: COUNTX OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS RUSH JERRY A ET 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 by handing to MARY MILLHOUSE MOTHER 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: 6.00 13.00 ~%~~~~~ .00 10.00 R. Thomas Kline .00 29.00 08/21/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this ,30~ day of aofl/ A.D. Q 7~ o~ ' ~Prothonotarj 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 RUSH JERRY A DEFENDANT was served upon the at 1040:00 HOURS, on the 21st day of August 2001 at CUMBERLAND CO SHERIFF'S OFFICE 1 COURTHOUSE SQ CARLISLE, PA 17013 by handing to JERRY RUSH 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 .3b w day of A.D. _ rODi. c0 ~ P othonotary j' So Answers: ~~~.~ R. Thomas Kline " 08/21/2001 FEDERMAN & PHELAN By: D heriff SHERIFF'S RETURN - REGULAR CASE N0: 2001-04567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON PAVING INC VS CARLISLE CARE & TRUCK SERVICE 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 DEFENDANT the 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 Service Affidavit Surcharge So Answers: 18.00 ~~~'~ 3.25 .00 10.00 R. Thomas Kline nn .]1.LJ 08/07/2001 WAYNE SH Sworn and Subscribed to before By: me //this /4 ~ day of 1.~..e,,.~- o2o-a/ A.D. r thonotary ' SHERIFF'S RETURN - REGULAR CASE NO: 2001-04567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON PAVING INC VS CARLISLE CARE & TRUCK SERVICE 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 /G ~ day of rothonotary So Answers: ~~Tt.~'e ~~a~ 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 LSON PAVING INC VS CARLISLE CARE & TRUCK SERVICE 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, on the 1st day of August 2001 at 1257 MT HOLLY PIKE CARLISLE, PA 17013 by handing to STEVE FONNER 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 Service Affidavit Surcharge So Answers: 6.00 . 0 0 s ~'~ ~ ~,...c~ . 0 0 %' 10.00 R. Thomas Kline .00 16.00 08/01/2001 WAYNF RHA1~F Sworn and Subscribed to before By: me this /G ~ day of ~ e2ov/ A.D. ~. L~. /KCNI~w ~J Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2001-04567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON PAVING INC VS CARLISLE CARE & TRUCK SERVICE 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 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 by handing to So Answers: .~ ~,,~ R. Thomas Kline 08/07/2001 WAYNE SHADE Sworn and Subscribed to before me this /L ~ day of „<} o20r~/ A.D. /t'cc.eeid othonotary 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, on the 6th day of August 2001 at 344 GREEN SPRING RD NEWVILLE. PA 17241 ZANE HIGHLANDS 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 /~°= day of o2G/rj~~ A.D. U. /G2cl1Qs~-~ r thonotary ' by handing to So Answers: R. Thomas Kline 08/07/2001 WAYNE SHADE By: Deputy iff %~?4J ~. '~ No.: 01-4564 AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS (2151 563-7000 CIVIL DIVISION COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY F/K/A COUNTRYWIDE FUNDING CORPORATION vs. JERRY A RUSH ELIZABETH J MILLHOUSE captioned matter was sent by regular mail and certified mail, return receipt requested, to JERRY A RUSH AND ELIZABETH J MILLHOUSE on 2/21/02 at 533 SPRINGFIELD ROAD, SHIPPENSBURG, 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 unsworn falsification to authorities. ~~ ~~ FRANK FEDERMAN, ESQUIItE Date: February 22, 2002 A . ` ~ H l" ~ A ~ r ~ In A ... W N O ~ ~ J ~ ~^ A w N ~ 6 m ^ 'A ~ Z + a A ~ Ci ;. o x g ~, z 3 c m n ~ ' [i7 ~ < i7 [ ~ a 3 Z y a -C P a o ° ~ '-'1 a ~ r o ~, p x A ~~ ~ x b ~ A a r ~ J . y y o Cn a ^f x w x n x ° a ~ o° ~d v y D ~~ ~= ~ x ~ ... S ~ x W z r d y o 7y ~j C7 O ~ Cf9 9 m ~ :"~ ~+ ~ O ~ ~ _ b n J'C a p«~n~ o ~ z ~ ~ o s ~~ ea ..--1t rt ^ ° r W ~~~ ~ m o, m~ ~_ ~ y3~-'a ro ro a 0 .00 ~ O p J a -9 ona N ~ W ~. -. 8 C2a ~.y J ",e n ~ '~ ~R~~ ~ , ^ a n t4 6 a~~~°~ ~ 6 o 'J St ~ _ 3 3 x ~.3 ~ a y c n m 3 d O, ~~ O ~ N 9 1 ~ ~`G f c~"9 ~ ~ ~ O O ~ _ ~ a . any ~ V ~ ~ 9 3 U < ~'" Q ~ ~ = i ~ q ~( ~ ` +i. ~ fEB?1'02~ ~ '~ a v 1 ~ g w ~ 9 ~e ~ P _ r~6 YET~+ Y ~ ~~ oaz ^a d 'y ~ a g ~ ~ A ~ y p, ~Od ~~~~' ~~ ~ 'm~~Y bx^z a~~~ ~~ ~ c m A C ~ ~~ ~~Z r°'y ~ O R. ~~ (D A O -.. 7160 .391 9844 7041 9030 TO: ELIZABETH J MILLHOUSE 17 E HIGH STREET, #301 CARLISLE, PA 17013 7160-3901 9844 7041 8996 TO: JERRY A RUSH 17 E HIGH STREET, #301 CARLISLE, PA 17013 ENDER: TEAM 5 I I I ~ SENDER: TEAM 5 REFERENCE: RUSH, J REFERENCE:RUSH,J PS Fonn 3800. June 2000 34 PS Form 380 0, June 2000 RETURN Postage . RECEIPT Certified Fee 1.90 RETURN Postage q SERVICE Retum Receipt Fee - - 1.50 ~ RECEIPT Certified Fee ~ SERVICE 1.90 Restricted Delivery - - Q s ~, ~-~ 00 Retum Receipt Fee .~,-- - ° ~ ~ 1,$0 . a+;~ Total Postage & Fees ' 3,74 Res[dctedDelivery - , _ ~ -" 0.00 ~ :~. - Total Postage & Fees ,']-q US Postal Service d6 ARK OR DATE I - US POStaI Service P05Tfv1.4RK OR DATE ( `- Receipt for ~'~ - ` ~~ ~y : _ Receipt for Certified Maii ~ Certified Mail No Insurance Coverage Provided Do Not Use for International Mail No Insuance Coverage Provided Do Not Use for International Mail ' 7160 x901 9844 7041 9U61 7160.3901 9844 7041 9078 i TO: JERRY A RUSH Tp: ELIZABETH J MILLHOUSE 533 SPRINGFIELD ROAD 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 SENDER: TEAM 5 i SENDER: TEAM 5 REFERENCE: RUSH, J { REFERENCE: RUSH, J RETURN Postage 34 -j RETURN Postage a RECEIPT Codified Fee SERVICE 1.90 RECEIPT _~ Retum Receipt Fee 1.$0 SERVICE Re um Receipt Fee 1._' Restdded Delivery ~ 0,00 Restricted Delivery O.C Total Postage & Fees v &.! ~' - - 3.74 Total Postage & Fees -%'A' `~ ' -'~.'ii,'3 7 '~., US Postal Service AAICV,OR DATE .r( US Postal Service . °'+ -' ~' '~. Pq T RK~OR DAT ', ° j Receipt for r ~~ ~ '/~~ ~~' ''"' ~ ~~ Recei t for p ~ ~ ~ '~ Certified Mail "' ~ ' ' ~ ` ~ ' ' ~" ~ , y Certified Mail No Insurance Coverage Provided 4 '~ _ -. Uo Not Use for International Mail No Insurance Coverage Provided ~ Do Not Use for International Mail ONE- PENN CENTER AT SUBURBAN STATION, SUTI'E 1400 PHILADELPHIA, PA 19103-1814 215 563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION vs. JERRY A RUSH ELIZABETH J MILLHOUSE COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY No.: 01-4564 ORDER ~~~`~!'~ ?Q0~ AND NOW; this ~ ~ lday of , 2002, upon consideration of Plaintiff s Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff mayobtain 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 lrnown 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: /s ~. ,. T'~tU~ ~fl~Y :FR~AA 3~~~tra~i~ la Testimony whereof ! fiere unto set my hand end Ills seal of said,t~ourt,at G~rlisie, Pa. r STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert P Ziegler h °-------------------------------------------------"---------------------°-Recorder of Deeds in and for said County and State do~heneby certify that the Sheri(E's Deed in which ________________ Countrywide Home Loans Inc fka Countrywide Funding Corp -------------------------------------------°---------------------------------------is the grantee 5th the same having been sold to said grantee on the _______. June 2002 ---------------------------------------- A. D.,r Execution day of ---- Civil Number _____, under and by virtue of a writ___ 29th day of -------------------------------issued on the ------------------------------------- November 2001 _______________ A. D., _____, out of the Court of Comman Pleas of said County'as of 2001 -------------...--------------------------------_------------------ Term •- - 4564 Countrywide Home Loans Inc fka Countrywide Find Corp ----, at the suit of-----------------------------------------------'---'----------- Jerry A Rush & Elizabeth J Hillhouse ----------------°----------°---__ against---------------------------------------------------- a 252 1556 dulyruwrdedinSherifEsDeedBookNo.____________, Page____________. IN TESTIMONY WHEREOF, I have unto set my~attd and seal of said office this ~~_____ day of Countrywide Home Loans, Inc. f/k/a In The Court of Common Pleas of Countrywide Funding Corporation Cumberland County, Pennsylvania VS Writ No. 2001-4564 Civil Term Jerry A. Rush and Elizabeth J. Millhouse Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2002 at 3:35 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Jerry Rush, by making known unto Jerry Rush at The Cumberland County Prison, 1101 Claremont Road, Carlisle Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2002 at 12:55 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Elizabeth J. Millhouse, by making known unto Mary Millhouse, mother of defendant, at 105 Booz Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2002 at 9:38 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jerry A. Rush and Elizabeth J. Millhouse located at 533 Springfield Road, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Jerry Rush, by regular mail to his last known address of The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Elizabeth J. Millhouse, by regular mail to her last known address of 105 Booz Road, Shippensburg, PA 17257. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Countrywide Home Loans, Inc. f/k/a Countrywide Funding Corporation. It being the highest bid and best price received for the same, Countrywide Home Loans, Inc. f/k/a Countrywide Funding Corporation of 7105 Corporate Drive, PTX-B35, Plano, TX 75024-3632, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $762.52 it being costs. Sheriffls Costs: Docketing $30.00 Poundage 14.95 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Librazy .50 Prothonotazy 1.00 Mileage 25.99 Certified Mail 2.33 Levy 15.00 Surchazge 30.00 Postpone Sale 20.00 Law Journal 242.15 Patriot News 231.90 Shaze of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $762.52 paid by attorney 06/19/02 Sworn and subscribend to before me So ~~~ This dS"' day of C~ R. Thomas Kline, Sheriff 2002, A.D. < ,.cry BYJ a Pr~tl onotaryonotary Real Esta e Deputy ~ ~~ I~ Ch .3.991. ~ izGG39 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION ` r Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION JERRY A. RUSH ELIZABETH J. MILLHOUSE NO.Ol-4564 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS INC. F/K/A COUNTRYWIDE FUNDING CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUII2E, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,533 SPRINGFIELD ROAD, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name JERRY A. RUSH ELIZABETH J. MILLHOUSE Last Known Address (if address cannot be reasonably ascertained, please indicate) 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 105 BOOZ ROAD SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: JERRY A, RUSH 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 ELIZABETH J. MILLHOUSE 105 BOOZ ROAD SHIPPENSBURG, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: i Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Boa: 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to a~torities. November 26.2001 DATE for COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff, v. JERRY A. RUSH ELIZABETH J. MILLHOUSE Defendant(s). CUMBERLAND COUNTY No. 01-4564 November 26, 2001 TO: JERRY A. RUSH 533 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 ELIZABETH J. MILLHOUSE 105 BOOZ ROAD SHIPPENSBURG, PA 17257 * *THIS FIRM /S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE A,'V ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at X533 SPRINGFIELD ROAD. SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s Sale on MARCH 6.2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $104,972.80 obtained by COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FIJNDING CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff s Sale. 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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay, you may call: (2151563-7000. 2. You maybe 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe 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) aze 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 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LH3ERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 ALL THAT CERTAIN TRACT OF LAND SITUATE IN NORTH NEWTON TOWNSHIP; CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPII{E IN THE CENTER OF TOWNSHIP ROAD N0.333 ON THE DIVIDINGLINE BETWEEN LOTS NOS. 3 AND 4 ON THE HEREINAFTER MENTIONEIH 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 OP' PENNSYLVANL4 SOUTH 48 DEGREES 03 MINUTES 20 SECONDS WEST 160 FEET TO AN IItON 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 SPII~ 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 N0.4 ON THE PLAN OF LOTS KNOWN AS ROCKY ACRES, AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLe4~T BOOK 25, PAGE 107. BEING KNOWN AS: 533 SPRINGFIELD ROAD SffiPPENSBURG, PA 17257 ,~ WRiT OF EXECUTION andlor ATTACHMENT COMMCNWEALTii OF PENNSYLVANIA) NO. 01-4564 CIVIL t~ TEl~ COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Countrywide Herne Loans, Inc. , F/K/A ~ ,n rvwide Funding Corporation PLA{NTIFF(S) from Jerry A. Rush 533 Springfield Road, Shippensbuxg, PA 17257 and Elizabeth J. 105 ]3ooz Road, Shippensburg, PA 17257 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are.er)jpined,lrom paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(§)'o~ otHerwise disposing thereof: (3) Ibpropertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepossess~r(ofapyoneother than a named garnishee, you are directed to notiry him/herthat he/she has been added as agamishee and is er1{dined as above stated. Amount Due $104,972.80 Interest fran 10/10/01 to 3J6/02 (per disn- Atty's Comm Atiy Paid 5142.00 Plaintiff Paid Date: November 29, 2001 REQUESTING PART': Name ___Frank Fedexmari, Esq. L.L. $ • 50 Due Prothy $1.0 Othef COStS Curtis R. Long Prothonotary, Civil Division Deputy Address: One Penn Center at Suburban Station • ite 1400 Philadelphia, PA 19103-1814 Attorney tor: Plaintiff Telephone: 215-563-7000 Supreme Court lD No. 12248 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Rog M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY 2002 ~, Cumbe~a Public n~ssiat Expires March 5~ ESTATE SALE NU. S2 Writ No. 2001-4564 CIv'lnc. Countrywide Home Loans. f/k/a Countrywide Fymding Corporntion vs. Jerry A. Rush and Elizabeth J. Milltiouse AttY : Frank Federman ALL `f1iAT CERTAIN tract of land situate in North Newton Township; Cmnberland County. Pennsylvania. bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 333 on the dividing line between Lots Nos. 3 and 4 on the hthen~bY mentioned plan of lots: 19 de ees said dividing ]me South ~ 44 minutes 40 secontdhs E~tb3 ~a feet to an Iron pm; Common- now or formerly lean a South 48 wealth of Pennsy 0 seconds degrees 03 minutes 2 m~thence West 160 feet to an Iron p by the dividing line bets of lots Nos. 4 and 5 on said P North 20 degrees 17 minutes 20 seconds West 376.92 feet Rya ssNQ e in the center of TownshlP the cen- 333 aforesaid; thence by ter of said road North 5S degrees 27 minutes East 155 feet to the place of begirming' BEING Lot No. 4 onActh s p~ ref lots known as Ro~ f the gecorder corded in the Ofii d County in of Deeds for Cumberlan Plan Book 25, Page 107. BEING 14`IOWN AS: 533 Spring- field Road Shippensburg, PA 17257. .~ . .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ac[ No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for th9 Recording of Deeds in and for said County of D~up~int in Misgellaneous Book "M", Volume 14, Pa e 317. ~~ PUBLICATION COPY SALE#32 22nd day,ef Fet}rG~fy 2002 A.D. Terry 1. Rusc@N, Notary PuDiic ~/ HarAsburg, DaupDin County My Commlasbn Expires June 6, 2002 Member, PennsyNanla Association d Notaries NO ARY PUBLIC My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 I Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 230.40 Probating same Notary Fee(s) $ 1 .50 Total $ 231.90 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ve ;. - Sckrj*-A:ifua4s- aaatl E9Raaho3h~.,9. d~fNA~ tw>u ui fk~*mexl%'ui ak.r 5M!ii.~:wati: A;'t Azg~e~a rx ffG3 f+'ci [u an i+rxt lse2 ~„ v ru afa=-P1na ~~Letro Bnfirv'u «r v3-{vi1iC in 1U+: Y}skhs -<>r ux t iii tsnlx~.a~d C.%un,v "v; lipg, -..... s3 i ygriu};titilu !toad, f~ AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION DEFENDANT(S) JERRY A. RUSH ELIZABETH J. MILLHOUSE SERVE ELIZABETH J. MILLHOUSE AT 105 BOOZ ROAD SHIDPENSBURG, PA 17257 SERVED CUMBERLAND COUNTY No. 01-4564 ACCT. #5444040 Type of Action -Notice of Sheriff s Sale Sale Date: MARCH 6,2002 Served and made known t~~~ ~~T~ 1 ~ ml ~ (h(~.Q~ ,Defendant, on the ~o~-- day of ~./~'7/~/; 2001, at.~m o'clock ~.m., at of Pennsylvania, in the manner described below: Commonwealth Defendant personally served. ~ ~~ ~_Adult family member with whom Defendant(s) reside(s). Relationship is ~~~. Adult in charge of Defendant(s)'s residence who refused to give name or relationship: Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in chazge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: `` ~" ry 1 n9 Description: Aget7~ Height~~--~ Weight Race~Sex ~l~ther~~~'o S ~~ I, a competent adult, being duly Swom according to law, depose and state that I personally handed a tm a d correct c y of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the a ess indicated above. OFFICW.NO'fARYS&A Swom to and subsc 'bed DAVID (]iEAMER befor this,(~day , ,/~ 17 p,RYPUBISCSfATEOFFL®RIDF4 `..S~L+„J'Lrlf~~ MML~ION NO. . of a ,zoo r Notary: J B ~~i ,~e~, o~aNSSo~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIIVIES OF SERVICE ATTEMPED. NOT SERVED On the day of , 200_, at o'clock - m, Defendant NOT FOUND because: _ Moved _ Unlmown _ No Answer Vacant Other: Swom to and subscribed before me this day of 200 _. Notary: By: Attorney 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 (215) 563-7000 '~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQj_IIItE 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 r AND NOW, this ~ day of , 2002, upon consideration of Plaintiff s 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 aforemetitionedrnailings 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. ~~eae.rmo.-~( `fi P1~e~a-.~ - Copy tYla~le~ C R-5-o2 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHH.ADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION COUNTRYWIDE HOME LOANS, INC F/K/A COUNTRYWIDE FUNDING CORPORATION vs. JERRY A RUSH ELIZABETH J MILLHOUSE CUMBERLAND COUNTY No.: 01-4564 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, Plaintiff has 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 from 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, ESQUIItE ATTORNEY FOR PLAINTIFF 5~ ~~- AFFIDAVIT OF SERVICE PLAINTIFF COUNTY Cumberland Countr wide Home Loans Inc. f/k/a Countrywide Fundine Coroor_ation ACCT. #5444040 DEFENDANT COURT NO.: 01-4564 Jerry A. Rush Elizabeth J. Millhouse SERVE Jerry A. Rush AT: TYPE OF ACTION 17 E. Hieh Street, #301 XX Notice of Sheriffls Sale Carlisle, PA 17013 SALE DATE: March 6.2002 SERVED Served and made known to ,Defendant, on the _ day of 200_, at , o'clock _ M., at , Commonwealth of Pennsylvania, in the manner described below: _Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in chazge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~.At t'Gll l uAg Agent or person in chazge of Defendant's office or usual place ofbusiness. - Gl .1~_A~ _ an officer of said Defendant's company. Other: 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 true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this _ day of .200_ Notarv: By: ~ NOT SERVED On the ~~ day of ~a+.t ~ 3R y , 200 ~ at 0: e~o'clock ~. M., Defendant NOT FOUND because: Moved _ Unlatown-~_ No Answer _ Vacant other: /~ctotc>L`~ r~ ~at~ ~c~C.d 'le.sl• u,1a',e~ .. ~ •N ~JaV ~oo1 ILIa tv~z,N3vc~',n-~~ Swom to and subscribed before r. this _ '~ day of " a~.~~a.~v Notary: y..l , i _ gyp. `m. '+xtC~Y"'" N07ARIAI.SEA1. ~.~~~~ ~~ ~E1OBC~19 ~S ~,Cfl f:es5 1 _; c...> ~-~ ~~ 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. EXHIBIT_"B" 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: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: 184-38-2283 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Jerry. C. INQUIRY OF CREDITORS: Creditors 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 717-423-5620 registered at 105 Booz Road, Shippensburg, Pa. 17257 and spoke with a person who stated Jerry moved from 533 Springfield Road, Shippensburg, 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 Jerry 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 8 DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Jerry listed at the last known address. Ol i-IER INQUIRIES - A. DEATH RECORDS: ' As of becember 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 Voters 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 records for Jerry Rush at 17 E High Street, #301, Carlisle, Pa. 17013. The Cumberland County Tax Records lndicat®: We were unable to locate any tax records for Jerry Rush at 105 Booz Road, Shippensburg, Pa. 17257. ADDITIONAL INFORMATION ON SUBJECT - A. DATi; OF BIRTH: 01152 ~llll~~~~s~sf ~{il ;it1s3 ~ Cil ~ari/ r'~37}IC rat ~t)1114 {`~'1~.~r,y J1flT8 Ji ,ytssourl ~+iy~;~..~ ., 3~~,_~t_~t~~ 1^1"402 Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 ._~ ~~ AFFIANT Michael K Gross FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (2152563-7000 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION vs. JERRY A RUSH ELIZABETH J MILLHOUSE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-4564 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires ofpostal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached 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: ' WHEREFORE, 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, ESQUHtE, 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. ,c-w.~ ~X-~_ 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 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION vs. JERRY A RUSH ELIZABETH J MILLHOUSE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-4564 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 ~~~'~i~' ~Y~liC.Y~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~.s.