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HomeMy WebLinkAbout03-3967M1DF1RST BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MARILYN SHULTZ A/FdA MARILYN HALE ACTION OF MORTGAGE FORECLOSURE AND MARTIN SHLVLTZ THIS FIRM 1S A DEBT COLLECTOR AND WE ARE ATTEMPT[NGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAENED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the cla'uns set forth in the following pages, you must take action within twenty (20) days after the 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 aga'mst you by the Court without further notice for any money claim in the Complaint of 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTIC1PACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICAR10, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIKA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR KAZON DE ESA DEC/SION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROP/EDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMED/ATEAMENTE. S] NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MIDFIRST BANK, Plaintiff VS. MAR1LYN SHULTZ A/K/A MARILYN HALE AND MARTIN SHULTZ, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The mount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, Plaintiff VS. MARILYN SHULTZ AJK/A MARILYN HALE AND MARTIN SHULTZ, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MIDFIRST BANK, is an Oklahoma Corporation, with an address of 999 N.W. GRAND BOULEVARD SUITE 100, OKLAHOMA CITY, OKLAHOMA 73118. Defendant, MARILYN SHULTZ A/K/A MARILYN HALE, is an adult individual, whose last known address is 709 NORTH 2~'a) STREET, HARRISBURG, PENNSYLVANIA 17102. Defendant, MARTIN SHULTZ, is an adult individual, whose last known address is 709 NORTH 2tqD STREET, HARRISBURG, PENNSYLVANIA 17102. On or about, October 25, 1989, the said Defendants, executed and delivered a Mortgage Note in the sum of $59,062.00 payable to SOVRAN MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 956, Page 1016 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and recorded in the aforesaid County in Mortgage Book 609, Page 849. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 691 STATE STREET, LEMOYNE, PENNSYLVANIA 17043 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $49,231.57 Interest at $12.82 per day From 01/01/2003 To 09/01/2003 ( based on contract rate of 9.500%) $3,497.13 Accumulated Late Charges $168.15 Lme Charges $29.03 From02/01/2003to09/01/2003 $232.24 Escrow Balance $173.67 A~omey'sFee~5% of Pfincipal Balance TOTAL $2,461.58 $55,764.34 **Together with interest at the per diem rate noted above after September 01, 2003 and other charges and costs to date of Sheriff's Sale. The attomey's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.500% ($12.82 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCEL Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 59,062.00 For Value Received, the u,,der~ig~ed, MARTIN ~kOLT~ G MRR.T~; ~ CAMP HILL . Pe~sylvania. OCTOBER 25 . 19 89 . berelnaftcr called the Maker, jointly and severally promise(s) to pay to Sovran Mortgage Corporation, a corporation organized and er. isting under the L~ws of The Commonwealth of Virginia, or order, hereinafter designated as the Payee, the principal sum of FIFTY NIN~ THOUSAND A~ STXTY TT,K~ DOLr. A~ AL!D NO/100 Dollars ($ 59,062.00 ), sni(h interest from date at thc rate of per ccotum ( 9.50 %)' per ~nnum on the unpatd balance unt I pa d. Thc smd pnn.~pal and interest shall be pm/able at the ofiSee of Sovran Mortgage Corporation, 201 East ~ary Street, in Richmond, Virginia 23219-3736, or at such other place as thc holder may designate in writing, in monthly installmen~ of FOUR BI3NDR.~D RND NINE~Z s'rx DO~r.,RR~ RND 63/'2.00 Dollars ($ 4~.63 ), commencing on thc first day of Di~e, igI~,~R , 19 89 , and on the first day of each month thereafter until thc principal and interest are fully paid, except that the final payment of the entire indebtedness evidenced hereby, if not sooner paid. shall be due and payable on thc first day of N~ ' 201-9 Privilege is reserved to pay the debt in whole or in part, on any inata~hnent due date. ,Simultaneously with the execution of this Note thc Maker has executed and delivered to the Pm/~e a Mortgage secured upon certain promises simamd in the county of ctlr~u~_ jI,i~ILI~} Commonwealth of Pennsylvania, n',ore particularly desc'ibed in thc Mortgage. All of thc terms, covenants, provisions, conditions, atipnlath~ns and agrecmcnts contained in said Mortgage to be kept and petit,rand by the Maker are hereby made a part of this Nme to the same extent and with thc same forc~ and effect aa if they were fully set forth herein, and thc Maker covenants and agrees to perform the same, or cause the same to be kept and performed, strictly in accordance with the terms and provisions thereof, The whole of the principal sum or any part thereof, and of any other sums of m,o. ncy ~ecumd by the Mongagu given to secure this Note shall, forthwith, at thc option of thc Payee or any subsequ~t holder hereof, beromc due and payable immediately, without notice or d~mand, if default be made in any paymem under this Note, and if the dnfauk is not made good prior {o the duc date of thc next such installment; or upon the happening of any default which, by thc terms of the Mortgage given to senure this h/otc, shall entitle thc Payee or any subsequent holder be[cur, to declm'c t.~c same, or any part thereof, to be due and pa.yablc. 'l'be agreements herein contained shall bind, and the bzncfits and advantages shall inure to, the rcspective successors and assigns of the parties hereto. Wherever u~d, thc singular number shall include thc plural, thc plural thc singular, and thc usc of any g~nder shall be applicable to all genders. In Witness Whereofi the Maker has caused these ptcsent~ to be cxecotcd under seal thc day and year first above UTitmn. (seal) (Seal) (Seal) This form ia used in connection with mortgages insured under the one- to four-family provisions of the National Housing Ae~ ALL THOSE CERTAIN lots, pieces or parcels of land, lying and being in the Borough of Lemoyna, Cumberland County, Pennsylvania, bounded and described as follows, to wtt: BEGINNING at a point on the north side of 5tats Road on the line dividing Lot Nos. 20 and 21 on the plan of lOtS hereinafter mentioned; thence in a westerly direction along the northern line of State Road (Gettysourg Road) 22.5 feet, more or less, to a polnt'on'the'llne running through th~ center of ~he partition wall of the double ir.sma dwelling house erected fn part on the lot herein conveyed; thence Xn a northerly direction along the last mentioned line 159 feet, more or lass, to a point on the southern line of · 20 foot alley; thence in an easterly direction along the southern line of said alley, 24 feet, more or less, to a point on the line of Lot No. 21 above mentioned; thence in a southerly ~irection along the western line of Lot No. 21, 150 feet to a. point, the ~lace of BEGINNING. BEING the eastern part o~ Lot No. 20 on the plan of lots laid out by T. J. Newcomer, said plan being recorded in the Recorder'a Office at Carlisle, in Deed Book X, Volume 5, Page 601. COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated Title SHERIFF'S RETURN CASE NO: 2003-03967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS SHULTZ MARILYN ET AL - OUT OF COUNTY Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: SHULTZ MARILYN A/K/A MARILYN HALE but was unable to locate Her in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On September 8th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Pep Dauphin Co 18.00 ~ 9.00 10.00 a ' 31.50 County .00 68.50 09/08/2003 PURCELL KRUG HALLER Sworn and subscribed to before me this / day of · ~&v3~ A.D. Prothonotary ' SHERIFF'S RETURN CASE NO: 2003-03967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS SHULTZ MARILYN ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT SHULTZ MARTIN but was unable to locate Him deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On September 8th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 09/0s/2003 PURCELL KRUG HALLER Sworn and subscribed to before me this /~ day of .~~_~ A.D. Prothonotary In Tl~.: Court of Common Pleas of Cumberland County, Pennsylvania MIDFIRST Bank Marilyn Shultz, et. al. Serve: Marilyn Shultz, a/k/a Marilyn No. 2003-3967 Civil Hale Now, , I, SHERIFF OF C~ERLAND COUNTY, PA, do hereby deputize the Sheriff of I~uphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA iX[OW, upon at by handing to a and made known to Affidavit of SerVice ,20 .:, at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwea~h of Pennsybania : MIDFIRST B~K County of Dauphin : SHULTZ ~ZLYN Sheriff's Return No. 2249-T - -2003 OTHER COUNTY NO. 2003 3967 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for SHULTZ MARILYN the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, August 22, 2003 NEED BETTER ADDRESS. AS PER JENNIFER MURP~AY SAID THE RESIDENCES DO NOT LIVE THERE. Sworn and subscribed to before me this 28TH day of AUGUST, 2003 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $31.50 PD 08/22/2003 RCPT NO 182034 Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Clf~ef Deputy CommonweaRh of Pennsy~ania : MIDFIRST BANK vs County of Dauph~ : SHULTZ MARILYN Sheriff's Return No. 2249-T - -2003 OTHER COUNTY NO. 2003 3967 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for SHULTZ MARTIN the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, August 22, 2003 NEED BETTER ADDRESS. AS PER JENNIFER MURRAY SAID THE RESIDENCES DO NOT LIVE THERE. Sworn and subscribed to before me this 28TH day of AUGUST, 2003 PROTHOlqOTAR¥ SO Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $31.50 PD 08/22/2003 RCPT NO 182034 tn Th~ Court of Common Picas of CumberLand County, Pennsylvania~ MIDFIRST BANK VS. Marilyn Shultz, et. al. Serve: Martin Shultz No. 2003-3967 Civil NOW, 8/20/03 , I, SI-iERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within 1/pon by handing to a and made known to copy of the original the contents thereof. So allswers ~ Sheriff of County, PA Sworn and subscribed before me this __ day of COSTS SERVICE M/LEA GE AFFIDAVIT MIDFIRST BANK Plaintiff VS. MARTiN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAI' IA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSUR Term No. 03-3967 RETURN OF SERVICE TO THE PROTHONOTARY: Kindly file the Out o£State Service Return on the above caption:ed matter. DATE: October 16, 2003 PURCELL, KRUG, & HALLER Leon P. Hailer 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 ~ent COURTHOU 38 THE GRE DOVER, DELAWAF PHONE: 302 / 73 FAX: 302 / 736- STATE OF DELAWARE COUNTY OF KENT AFF]I)AVIT OF SERVICE I, John T, Foley, Deputy Sheriff, of the County of Kent, Delaware, being duly sworn, do certify that I am at least 18 years of age and not a party to this action and that I served the within Writ of Summons upon Marylyn Shultz a/k/a Marilyn Hale, 200 Beechwood Avenue, Trailer 40, Dover, Delaware by leaving a true and correct copy of the said Writ together with a copy of the Complaint in her hands at 9:20 a.m. this 8th day of October, A.D. 2003.~ ~,~ (D~y Sheriff Ken I C/~ Sworn to and Subscribed before me this 9th day of October, A.D. 2003. ~.~... ... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ocr. a.~ m~ Not, Public ~ z [ TfiRM : ~ ~ My Co~issio~ Expires; 10/3/05 '".~ ~umm ¢*~..'" 3E ~N 19901 MIDFIRST BANK Plaintiff VS. MARTiN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 03-3967 MOTION FOR SERVICE OF PROCESS IN REAL PROPERTY ACTION IN ACCORDANCE WITH RULES 410 & 430 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE Plaintiff, MIDFIRST BANK through its counsel, Leon P. Hailer, Esquire, hereby respectfully submits: 1. Plaintiff has brought a mortgage foreclosure action whereupon it seeks to foreclose against certain property owned by the Defendants located at 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043. 2. Defendant, MARILYN SHULTZ A/K/A MARILYN HALE, was served with the Complaint, on October 8, 2003. The Sheriffs office has been unable to serve Defendant, MARTIN SHULTZ, with a copy of the Complaint at the property or at any address found through the skip trace investigation. 3. Plaintiff has conducted an investigation, in order to determine the whereabouts of Defendant as set forth on the attached Affidavit. 4. Notwithstanding the investigation as set forth in the within Affidavit, Plaintiff has been unable to serve said Defendant. 5. The following addresses have been attempted with the following results: 691 STATE STREET, LEMOYNE, PA 17043 - Not Fmmd 709 2~° STREET, HARRISBURG, PA 17102 - Per current resident, Defendant does not live here 11 VONDAWAY DRIVE, DOVER, DE 19901 - Does not live here 200 BEECHWOOD AVENUE, TRAILER 40, DOVER, DE 19901 - Does not live here per ex- wife, Defendant lives on 2ntl Street, Harrisburg 6. Plaintiffrequests an Order directing service by posting a copy of the original Complaint on the most public part of the property and sending copies of the Complaint by ordinary and registered/certified mail to the Defendant(s) last known address. Plaintiffavers that the method of service sought here is the most likely method to achieve the notice requirements of due process, while at the same time permitting the Plaintiff to proceed with its in rem action. WHEREFORE, Plaintiff requests that your Honorable Court direct service as above requested. PURCELL, KRU~ Leon P. Haller PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, Pa. 17102 (717) 234-4178 Attorney for Plaintiff MIDFIRST BANK, Plaintiff Vs. MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, Defendant(s) : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW NO. 03-3967 IN MORTGAGE FORECLOSURE AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHiN : ss: Leon P. Haller, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above action in mortgage foreclosure, that he has personal knowledge concerning the facts set forth in the attached Motion for Service of Process Pursuant to Rule 430, that he has authority from the Plaintiff to make this affidavit, and that the facts set forth in the affidavit are true and correct to the best of his knowledge, information, and belief, to wit: That he has attempted to confirm the whereabouts of the Defendant, MARTiN SHULTZ, in the above case, by conducting a reasonable search, which search included one or more of the following as indicated by a checkmark: x That he has contacted the U.S. Postal Service to obtain the last known mailing address or any forwarding address. x That he has attempted to locate the persons of similar name to Defendant, however he has not been able to locate any. x That he contacted Directory Assistance for any new listing for Defendant, however, there are no new listings. x That he contacted TRANS UNION Credit Bureau, a national credit service, with respect to the location of the Defendant. The Defendant was not found at the addresses provided. x That he has conducted a search of the Pennsylvania Department of Transportation's records with respect to the location of the Defendant. x That a search through the Internet has not produced any new addresses. Leon P. Haller further deposes and says that after attempting to locate the Defendant by conducting a reasonable search as indicated above; he has been unable to confirm the Defendant's whereabouts and location. Sworn to and subscribed Before me on this ~_3/4dday of ~,~, ~ 20 ~) COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania Association Of Notarie! PURCELL, KRU£~ 'lq'f9 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff Attorney ID# 15700 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS SHULTZ MARILYN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHULTZ MARTIN but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick· County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On September 8th 2003 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 ..00 10.00 .00 .00 16.00 .09/08/2003 this office was in receipt of the . T~mas' Kline iff of Cumberland County PURCELL KRUG HALLER Sworn and subscribed to before me this day of A.D. Prothonotary In TE- Court of Common Pleas of Cumberland County, Pennsylvania MIDFIRST Bank VS. Marilyn Shultz, et. al. Serve: Marilyn Shultz, a/k/a Marilyn Hale No. 2003-3967 Civil Now, 8/20?0.3 hereby deputize the Sheriffof Dauphin deputation being made at the request and risk of the Plaintifi:q , I, SHERIFF OF CUIv[BERLAND COUNTY, PA, do County to execute this Writ, this SheriffofCumberland Coanty, PA Affidav/t of SerVice Now, , 20__, at o'clock M. served the within upon at by handing to and made haown to copy of the ori~nal So answers, the Contents thereof. Sworn and subscribed before me this _ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy ConnnonweaRh of Pennsylvania : MIDFIRST BANK Coun~ of Dauphin : SHULTZ MARILYN Sheriff's Return No. 2249-T ~ -2003 OTHER COUNTY NO. 2003 3967 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for SHULTZ MARTIN the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return salne NOT FOUleD, August 22, 21103 NEED BETTER ADDRESS. AS PER JENNIFER MURRAY SAID THE RESIDENCES DO NOT LIVE THERE. Sworn and subscribed to before me this 28TH day of AUGUST, 2003 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $31.50 PD 08/22/2003 RCPT NO 182034 .National Comprehensive Report Plus Associates on MARTIN F $,HULTZ Page 1 of 12 Results Manager Hide Navigation Links National Comprehensive Report Plus Associates Compiled on 9/16/2003 at 2:04PM Reference: None Entered User-Supplied Information Last Name: SHULTZ First Name: MARTIN Middle Initial: F S SN: 193-52 -5317 Address 1: 691 STATE ST LEMOYNE, PA 17043 Sections Available in Report Possible Air. As for Customer Possible Other Social SecuriW Numbers Associated with Customer Possible Other Records/Names Associated with Social Security Numbers Pos_~b!e Addresses Ass~ociate.~_yyi_th Custome~rr p.pssible ~eal PrQp¢~ Ownership P_o_ssible V.e. bicles R~gistered at Customer's Addresses possib!¢. Bankruptcies~ Lens and Judgments pQssible ~xas S!g[e Criminal History Possible Relatives (* d ' ' enotes match with one of Customer s addresses) Other People Who Have Used the Same Address of the Customer Possible. Lice_used Driv.ers at Customer's Addresses N~eighbor Listings. for C~4~tomer's Addresses (only f'u'st six addresses included'/ MARTIN F SHULTZ DOB: NOV 01, 1958 SSN 193-52-5317 issued in Pennsylvania between 1974 and 1975 Possible AKAs for Customer _TOTop SHULTZ, MARILYN HALE, MARILYN H SCHULTZ, MARILYN H SHULTZ, MARTIN SHULTZ, MARILYN H SSN: 202-52-8188 SSN: 193-52-5317 SSN: 202-52--8188 SSN: 193-52-.5317 SSN: 202-52-8188 DOB: 1958 DOB: 03/01/1959 DOB: 1959 httvs://www.debtordiscoverv.com/at/GetRevorts.asv?File=2D 1 GG 1XML 1 .HTM 9/16/2003 , National Comprehensive Report Plus Associates on MARTiN F SttULTZ Page 2 of 12 SCHULTZ, MARTIN MARTIN, F SHULTZ HALE, MARILYN SHULTZ, MARTIN H SSN: 193-52-5317 SSN: 193-52-5317 DOB: 1958 ~p~sible Other Social Security Numbers Associated with Customer To Tol~ SHULTZ, MARTIN F SHULTZ, MARTIN F SHULTZ, MARTIN F SHULTZ, MARILYN SCHULTZ, MARILYN H SHULTZ, MARILYN H SHULTZ, MARTIN F SSN: 200-52-8188 SSN: 202-52-8188 SSN: 221-64-2043 SSN: 202-52-8188 SSN: 202-52-8188 SSN: 202-52-8188 SSN: 193-52-5317 DOB: 11/01/1958 DOB: 11/01/1958 DOB: 11/01/1958 DOB: 1958 DOB: 1959 DOB: 11/01/1958 Possible Other Records/Names Associated with Social Security Numbers To To DEVLIN, LEONARD SSN: 200-52-8188 HALE, LISA SSN: 221-64-2043 DOB: 1981 TARNOWSKI, CAROL A SSN: 200-52-8188 DOB: 04/26/1964 Possible Addresses Associated with Customer 'r_o__~o~ AUG-2003/SEP-2003 OCT-2002/OCT-2002 OCT-1989/JUL-2002 JUL-1989/JUL-1989 APR-1989/APR-1989 - 709 N 2ND ST~ HARRISBURG, PA 17102 - 200 BEECHWOOD AVE TRLR 40~ DOVER, DE 19901 - 691 STATE ST~ LEMOYNE, PA 17043 - 414 SPRIN~ HARRISBURG, PA 17101 - 414 SPRING ST 2FL~ HARRISBURG, PA 17101 411 2N~ HARRISBURG, PA 17113 5318 MANAYUNK ~ HARRISBURG, PA 17109 414 SPRING 2F~ HARRISBURG, PA 17101 (717) 731-8441 htt~s://v~w~v.debtordiscoverv.com/at/GetRe¢orts.asp?File=2D 1GG 1XML 1 .HTM 9/16/2003 · National Comprehensive Report Plus Associates on MARTIN F SHULTZ Page 3 of 12 691 STATE ST LEMOYNE, PA 17043 Pennsylvania Assessment Record - County off CUMBERLAND Owner Name: Parcel Number: Short Legal Desc: Property Type: Recorded Date: Book/Page: Situs Address: Mailing Address: Assessment Year: Assessed Land Value: Assessed Improvements: Total Assessed Value: Most Recent Sale: SHULTZ, MARTIN F & MARILYN HALE 12-21-0267-301 PO LOT 20 DB 5-X PG 601/HOUSE 2 STORY HOUSE 10/26/1989 34F/1193 Docmnent Number: 691 STATE ST ' LEMOYNE, PA 17043 691 STATE ST LEMOYNE, PA 17043 1999 Tax Year: $460 Market Land Value: $2,210 Market Improvements: $2,670 Total Market Value: $57,500 Prior Sale Price: Pennsylvania Assessment Record - County of: CUMBERLAND Owner Name: Parcel Number: Short Legal Desc: Property Type: Recorded Date: Book/Page: Situs Address: Mailing Address: Assessment Year: Assessed Land Value: Assessed Improvements: $37,970 Total Assessed Value: $55,970 Most Recent Sale: $57,500 SHU[,TZ M. ART!N. F HALE M&R!L~ 21-0267-301 PO LOT 20 DB 5-X PG 601 SFR 00034F/001193 Document Number: 691 STATE ST LEMOYNE, PA 17043-1573 691 STATE ST LEMOYNE, PA 17043-1573 Tax Year: $18,000 Market Land Value: 2000 Market Improvements: Total Market Value: Prior Sale Price: $30,000 A manual search of Real Property using the name SHULTZ MARTIN F is recommended. 5 addition records exist (including historicals) but are not included as they do not match all necessary criteria https://www.debtordiscoveu.com/at/GetReports.asp?File=2D 1GG 1XML 1 .HTM 9/16/2003 ountp berif(' ®ffice COURTHOUSE 38 THE GREEN DOVER, DELAWARE 19901 PHONE: 302 / 736-2161 FAX: 302 / 736-2164 STATE OF DELAWARE AFFIDAVIT OF SERVICE COUNTY OF KENT I, John T. Foley, Deputy Sheriff of the County of Kent, Delaware, being duly sworn, do certify that I am at least 18 years of age and not a party to this action and that I tried to effect service upon Martin Shultz, 11 Vondaway Drive, Dover, Delaware and also 200 Beechwood Avenue, Trailer 40, Dover, Delaware. He currently lives on 2"d Street, Harrisburg, Pennsylvania as per Marilyn Shultz, ex-wife. No further information was available. I am returning this Non Est. as of this 8d~ day of October, A.D. 2003. /eputy Sheriff Kent Sworn to and Subscribed before me this 9t~ day of October, A.D. 2003. ~.- -~-.,. _. ',.,-~ ~ ~ .-' ~??u~r~o ~ ~ No~ Public ~ ~ocr. a, 2oo~ ~ ~ My Commission Expires: 10/3/2005 : ~ '. TERM % "O t C. g~ Page 1 of 1 TRANS UNION REPORT - TRACE Exact Match between SSN on input and SSN on file. Personal Information -FAD 10/15/2003 Reported Name SHULTZ, MARTIN F SSN 193-52-5317 Address 691, STATE, ST, LEMOYNE, PA, 17043 9/I/1992 Address 414, SPRING, ST, HARRISBURG, PA, 17101 7/1/1989 Address 411, 2ND, ST, HARRISBURG, PA, 17113 Serviced By: TRANS UNION 2 BALDWIN PLACE, P.O. BOX 1000 CHESTER, PA 19022 800 888-4213 END OF REPORT - TRANS UNION - 10/15/2003, 16:50:41 CT httns://ww~¥ creditsvstem.com/c~i-bin/v,~,wcredit 10/15/03 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG~ PA 1712~ 10/29/03 MECHELLE L PIDA 1719 N FRONT STREET HARRISBURG PA 17102-0000 03~021002000029 00~ The Bureau of Motor Vehicles has received your request for information. Ne are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : SHULTZ,MARTIN If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA I7106-8691 INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-932-~600 OUT-OF-STATE 717-391-6190 TOD IN STATE 1-800-228-0676 TOD OUT-OF-STATE 717-391-6191 www.dot.state.pa.us November 17, 2003 PURCELL KRUG & HALLER 1719 N. FRONT STREET HARRISBURG, PA 17102-2392 Postmaster HARRISBURG, PA 17102 City, State, Zip Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address ora boxholder for the follo;ving MARTIN SHULTZ 7 MARILYN SHULTZ A/K/A MARILYN HALE Address: 709 N. 2Nr~ STREET, HARRISBURG, PA 17102 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are reqnired for boxholder information. The following information is provided in accordance with 39 OFR 265.5(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address informatinn is waived in accordance with CFR 265.6(d)(1) mid (2) and con'espnnding Administrative Support Manuel 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): ATTORNEY Statute or regulation that empowers me to serve process (not required when requester is an attorney or party except a corporation acting pro se must cite statute):. NOT APPLICABLE The names of all known parties to the litigation: MARTIN SHULTZ MARILY'N SHULTZ A/K/A MARILYN HALE, Defendant MIDFIRST BANK, Plaintiff 4. The court in which the case has been or will be heard. CUMBERLAND 5. The docket or other identifying number if one has been issued: None as of above date 6. Tire capacity in which this individual is to be served (e.g. defendant or witness) DEFENDANT WARNING ~HE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROC ESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,0000 OR [MPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDKESS INFORMATION OF NOT MOIRE 3~HAN 5 YEARS, ORBOTH (TITLE 18 U.S.C. SECTION lOOt). I Certify th~ve information is true and that the address information is needed and ~vill be used solely for Servicfl..ef~l~gal~grCcess in connection with actual or prospective litigation. ~~'"'"'-~ - Address. Signature 1719 N. Front Street Harrisburg, PA 17102_ Leon P. Haller, Esquire Printed Name BOXHOLDER'S POSTMARK Not known at address given. Moved. Left no forwarding address. No such address POST OFFICE USE ONLY :' ~: /.~ No Change of address order on file. NEW ADDRE~'~c~' NAME and STREET ADDRESS ~ Postmaster LEMOYNE, PA 17043 City, State, Zip Code November 17, 2003 PURCELL KRUG & HALLER 1719 N. FRONT STREET HARRISBURG, PA 17102-2392 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address ora boxholder for the following MARTIN SHULTZ 7 MARILYN SHULTZ A/K/A MARILYN HALE Address: 691 STATE STREET, LEMOYNE, PA 17043 NOTE: The name and last known address are required for change of address information. The name if known, and post office box address are required for boxholder information. The folloxving information is provided in accordance with 39 CFR 265.5(d}(6)(ii). There is no fee lbr providing boxholder inlbrmation. The fee for providing change of address information is waived in accordance with CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manuel 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing hinrsel0: ATTORNEY Statute or regulation that empowers me to serve process (not required when requester is an attorney or party except a corporation acting pro se must cite statute): NOT APPLICABLE The names of all known pm~.ies to the litigation: MARTIN SHULTZ MARILYN SHULTZ A/K/A MARILYN HALE, Defendant MIDFIRST BANK, Plaintiff 4. The court in which the case has been or will be heard. CUMBERLAND 5. The docket or other identifying number if one has been issned: None as of above date 6. The capacity in which this individual is to be served (e.g. defendant or witness) DEFENDANT WARNING 1 HE SUBMISSION OF FALSE INFOILMATION TO OBTAIN AND USE CHANGE OF Ai2,DRESS iNFORMATiON OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERV1CE OF LEGAL PROCESS in CONNECTION Will H ACTUAL OR PROSPECTIVE LITtGATION COULD RESULT IN CRiMiNAL PENALTIES iNCLUDiNG A FiNE OF Up TO $10,0000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS iNFORMATiON OF NOT MORE THAN 5 ! Certify t?t~. above information is true and that the address information is needed and will be used Serv~..~ process in cmmection with actual or prospective litigation, solely fbr ^dar Signaturec'-'''''- 1719 N. Front Street Harrisburg, PA 17102 Leon P. Haller, Esquire Printed Name BOXHOLDER'S POSTMARK Not known at address given. Moved. Left no forwarding address. No such address POST OFFICE USE ONLY No Change of address order on file. NEW ADDRESS or . - , NAME and STREET ADDRESS tl~e~!,. DEC '1 7 2003 MIDFIRST BANK, Plaintiff Vs. MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, Defendant(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : NO. 03°3967 : 1N MORTGAGE FORECLOSURE ORDER FOR SERVICE AND NOW, to wit, this 7g' day of )--_._-al, o- , ~.oo.J , upon consideration of the within Motion, it appearing that a good faith investigation and effort to locate the Defendant, MARTIN SHULTZ, has been made by Plaintiff, it is hereby ORDERED that service of the Complaint be made upon Defendant, MARTIN SHULTZ, by posting a copy of the original Complaint on the most public part of the property located at 691 STATE STREET, LEMOYNE, PENNSYLVANIA 17043 and by forwarding a copy of the Complaint by certified mail and ordinary mail (service to be completed upon mailing) to Defendant, MARTIN SHULTZ, at his last known address located at 691 STATE STREET, LEMOYNE, PA 17043 and 709 2sD STREET, HARRISBURG, PA 17102; AND FURTHER, that in the event this case should be reduced to judgment and execution shall be issued, service upon the Defendant pursuaut to Rule 3129.2 (c)(1)(C) shall be effected by mailing copies of the required notices to the Defendant at his last known address by Certified mail and ordinary mail (service to be completed upon mailing) and by posting a copy of the Notice of Sale or Sheriff's handbill on the most public part of the premises and by publication by Sheriff pursuant to Pennsylw~aia Rule of Civil Procedure 3129.2(d). BY THE COURT 200 BEECHWOOD AVENUE, TRAILER 40, DOVER, DE 19901 - Does not live here per ex- wife, Defendant lives on 2nd Street, Harrisburg 6. Plaintiff requests an Order directing service by posting a copy of the original Complaint on the most public part of the property and sending copies of the Complaint by ordinary and registered/certified mail to the Defendant(s) last known address. Plaintiff avers that the method of service sought here is the most likely method to achieve the notice requirements of due process, while at the same time permitting the Plaintiff to proceed with its in rem action. WHEREFORE, Plaintiff requests that your Honorable Court direct service as above requested. PURCELL, KR~ Leon P. Haller PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, Pa. 17102 (717) 234-4178 Attorney for Plaintiff MIDFIRST BANK, Plaintiff Vs. MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, Defendant(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : NO. 03-3967 : 1N MORTGAGE FORECLOSURE AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : ss: Leon P. Haller, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above action in mortgage foreclosure, that he has personal knowledge concerning the facts set forth in the attached Motion for Service of Process Pursuant to Rule 430, that he has authority from the Plaintiff to make this affidavit, and that the facts set forth in the affidavit are true and correct to the best of his knowledge, information, and belief, to wit: That he has attempted to confirm the whereabouts of the Defendant, MARTIN SHULTZ, in the above case, by conducting a reasonable search, which search included one or more of the following as indicated by a checkmark: x That he has contacted the U.S. Postal Service to obtain the last known mailing address or any ~'orwarding address. x That he has attempted to locate the persons of similar name to Defendant, however he has not been able to locate any. x That he contacted Directory Assistance for any new listing for Defendant, however, there are no new listings. x That he contacted TRANS UNION Credit Bureau, a national credit service, with respect to the location of the Defendant. The Defendant was not found at the addresses provided. x That he has conducted a search of the Pennsylvania Department of Transportation's records with respect to the location of the Defendant. x That a search through the Internet has not produced any new addresses. Leon P. Hailer further deposes and says that after attempting to locate the Defendant by conducting a reasonable search as indicated above; he has been unable to confirm the Defendant's whereabouts and location. Sworn to and subscribed Before me on this /,,)7~day of 2o COMMONWEALTH OF PENNSYLVANIA Nu~,~l Seal Trad M. Colm, N~ Public My Commissi¢~ E~ N~g. 21, 2007 lember, pennsylvania Association Of Notaries PURCELL, KRUG ~ Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff Attorney ID# 15700 SHERIFF'S RETURN - OUT OF CASE NO: 2003-03967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS SHULTZ MARILYN ET AL COUNTY R. Thomas Kline , Sheriff or ]Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHULTZ MARTIN but was unable to locate Him in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On September 8th 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County ..00 Surcharge 10.00 .00 .00 16.00 ,09/08/2003 . ~'R. T~.~mas'Kline ~-/--~ She~riff of Cumberland County PURCELL KRUG HALLER Sworn and subscribed to before me this day of Prothonotary In TE: C,~urt of Common Pleas of Cumberland County, Pennsylvania MIDFIRST Bank VS. Marilyn Shultz, et. al. No. 2003-3967 Civil Serve: Marilyn Shultz, a/k/a Marilyn Hale NOW, 8./20~03 , I, SHERIFF OF CrJtVfBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Shoriff of Cumberland Coanty, PA Affidavit of service ~OW~ within ,20 , at o'clock M. served the upon by handing to a and made known to copy of the original the contents thereof. So ~swers, Sheriffof County, PA Sworn and subscribed before me this __ day of ,2O COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy CommonweaRh of Pennsylvania : MIDFIRST BANK Vs County of Dauphin : SmJLTZ MARILYN Sheriff's Return No. 2249-T - - -2003 OTHER COUNTY NO. 2:003 3967 I, Jack Lotwlck, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for SHULTZ MARTIN the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, August 22, 2003 NEED BETTER ADDRESS. AS PER JENNIFER MURRAY SAID THE RESIDENCES DO NOT LIVE THERE. Sworn and subscribed to before me this 28TH day of AUGUST, 2003 So Answers, [~'~ t j ' Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $31.50 PD 08/22/2003 RCPT NO 182034 · National Comprehensive Report Plus Associates on MARTIN F SHULTZ Page 1 of 12 Results Manager Hide Navigation Links National Comprehensive Report Plus Associates Compiled on 9/16/2003 at 2:04PM Reference: None Entered User-Supplied Information Last Name: SHULTZ First Name: MARTIN Middle Initial: F SSN: 193-52-5317 Address 1: 691 STATE ST LEMOYNE, PA 17043 Sections Available in Report Possible AKAs for Customer Possible Other Social Security Numbers Associated with Customer P.¢~s~ib!~. 0thor Records/Names Ass0qiated wi~h ~O~ig! ~!riW Numbers Possible Addresses Associated with Customer P0ssib!~. Rea! prop~r~ Owners~nip Po_ssible Ve~hicl_~ Reg_istered at Customer's Addresses P0ssib[e. Bankruptcies, LJ~g~ and Judgments Possible Texas State Criminal Hlsto. pp$sible Relatives (* denotes match with one of Customer's addresses) Other People Who Have Used the Same Address of the Customer Possible Licensed Drivers at Customer's Addresses Neiehbor Li~!ings fo.r.Cu~t0mer'~ A~ddresses (only fa'st six adtkesses included) MARTIN F SHULTZ DOB: NOV 01, 1958 SSN 193-52-5317 issued in Pennsylvania between 1974 and 11975 Possible AKAs for Customer T0 Top SHULTZ, MARILYN HALE~ MARILYN H SCHULTZ, MARILYN H SHULTZ, MARTIN SHULTZ~ MARILYN H SSN: 202-52-8188 SSN: 193-52-5317 SSN: 202-52-8188 SSN: 193-52-5317 SSN: 202-52-8188 DOB: 1958 DOB: 03/01/1959 DOB: 1959 httr~s://w-ww.debtord~scoverv.com/at/GetRevorts.asr~,F~le=2D1Go1XML1.HTM 9/16/2003 ·. . National Comprehensive Report Plus Associates on MARTIN F SHULTZ Page 2 of 12 SCHULTZ, MARTIN MARTIN, F SHULTZ HALE, MARILYN SHULTZ, MARTIN H SSN: 193-52-5317 SSN: 193-52-5317 DOB: 1958 Possible Other Social Security Numbers Associated with Customer xo.Ta~ SHULTZ, MARTIN F SHULTZ, MARTIN F SHULTZ, MARTIN F SHULTZ, MARILYN SCHULTZ, MARILYN H SHULTZ, MARILYN H SHULTZ, MARTIN F SSN: 200-52-8188 $SN: 202-52-8188 $SN: 221-64-2043 SSN: 202-52-8188 SSN: 202-. 2-8188 SSN: 202-52-8188 SSN: 193-52-5317 DOB: 11/01/1958 DOB: 11/01/1958 DOB: 11/01/1958 DOB: 1958 DOB: 1959 DOB: 11/01/1958 Possible Other Records/Names Associated with Social Security Numbers T~.~9 DEVLIN, LEONARD SSN: 200-52-8188 HALE, LISA SSN: 221-64-2043 DOB: 1981 TARNOWSKI, CAROL A SSN: 200-52-8188 DOB: 04/26/1964 Possible Addresses Associated with Customer AUG-2003/SEP-2003 OCT-2002/OCT-2002 OCT-1989/JUL-2002 JUL-1989/JUL-1989 APR-1989/APR-1989 - 709 N 2ND ST~ HARRISBURG, PA 17102 - 200 BEECHWOOD AVE TRLR 40~ DOVER, DE 19901 - 691 STATE ST~ LEMOYNE, PA 17043 - 414 SPRINC~ HARRISBURG, PA 17101 - 414 SPRING ST 2FL~ HARRISBURG, PA 17101 411 2N~ HARRISBURG, PA 17113 5318 MANAYUNK RD~ HARRISBURG, PA 17109 414 SPRING 2FL~ HARRISBURG, PA 17101 (717) 731-8441 httos://~wvw.debtordiscoverv.corn/at/GetRe~orts.asp?File=2D 1GG 1XML 1 .HTM 9/16/2003 · National Comprehensive Report Plus Associates on MARTIN F SHULTZ Page 3 of 12 Possible Real Property Ownership 691 STATE ST LEMOYNE, PA 17043 Pennsylvania Assessment Record - County of: CUMBERLAND Owner Name: Parcel Number: Short Legal Desc: Properly Type: Recorded Date: Book/Page: Sims Address: Mailing Address: Assessment Year: Assessed Land Value: Assessed Improvements: Total Assessed Value: Most Recent Sale: SHULTZ, MARTIN F & MARILYN HALE 12-21-0267-301 PO LOT 20 DB 5-X PG 601/ItOUSE 2 STORY HOUSE 10/26/1989 34F/1193 Document Number: 691 STATE ST LEMOYNE, PA 17043 691 STATE ST LEMOYNE, PA 17043 1999 Tax Year: $460 Market Land Value: $2,210 Market Improvements: $2,670 Total Market Value: $57,500 Prior Sale Price: Pennsylvania Assessment Record - County of: CUMBERLAND Owner Name: Parcel Number: Short Legal Desc: Property Type: Recorded Date: Book/Page: Situs Address: Mailing Address: Assessment Year: Assessed Land Value: $18,000 Assessed Improvements: $37,970 Total Assessed Value: $55,970 Most Recent Sale: $57,500 SHULT~_MARTIN !~ H~ 21-0267-301 PO LOT 20 DB 5-X PG 601 SFR 00034F/001193 Document Number: 691 STATE ST LEMOYNE, PA 17043-1573 691 STATE ST LEMOYNE, PA 17043-1573 Tax Year: Market Land Value: Market Improvements: Total Market Value: Prior Sale Price: 2000 $30,000 A manual search of Real Property using the name SHULTZ MARTIN F is recommended. 5 addition records exist (including historicals) but are not included as they do not match all necessary criteria. https://www.debtordiscoveu.com/at/GetReports.asp?File=2D 1GG1XML 1 .HTM 9/16/2003 ent COURTHOUSE 38 THE GREEN DOVER, DELAWARE 19901 PHONE: 302 / 736-2161 FAX: 302 / 736-2164 STATE OF DELAWARE AFFIDAVIT OF SERVICE COUNTY OF KENT I, John T. Foley, Deputy Sheriff of the County of Kent, Delaware, being duly sworn, do certify that I am at least 18 years of age and not a party to this action and that I tried to effect service upon Martin Shultz, 11 Vondaway Drive, Dover, Delaware and also 200 Beechwood Avenue, Trailer 40, Dover, Delaware. He currently lives on 2~a Street, Harrisburg, Pennsylvania as per Marilyn Shultz, ex-wife. No further information was available. I am returning this Non Est. as of this 8a' day of October, / ///"~,l~eputy Sheriff Kent Couny / Sworn to and Subscribed before me this 9t~ day of October, A.D. 2003. Page 1 of 1 TRANS UNION REPORT - TRACE Exact Match between SSN on input and SSN on file. Personal Information -FAD 1011512003 Reported Name SHULTZ, MARTIN F SSN 193-52-5317 Address 691, STATE, ST, LEMOYNE, PA, 17043 9/1/1992 Address 414, SPRING, ST, HARRISBURG, PA, 17101 7/1/1989 Address 411, 2ND, ST, HARRISBURG, PA, 17113 Serviced By: TRANS UNION 2 BALDWIN PLACE, P.O. BOX 1000 CHESTER, PA 19022 800 888-4213 END OF REPORT -TRANS UNION - 10/15/2003, 16:50:41 CT httns://~w~wv.creditsvstem.com/cei-biW~wcwcredit 10/15/03 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 10/29/03 MECHELLE L PIDA 1719 N FRONT STREET HARRISBURG PA 17102-0000 05S021002000029 00~ The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : SHULTZ,MARTIN If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincere[y~ Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (7:00 AM TO g:o0 PM) IN STATE 1-800-9~2-4600 OUT-OF-STATE 717-~91-6190 TOD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 www.dot.state.pa.us November 17, 2003 PURCELL KRUG & HALLER 1719 N. FRONT STREET HARRISBURG, PA 17102-2392 Postmaster HARRISBURG, PA 17102 City, State, Zip Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address of a boxholder for the following MARTIN SHULTZ 7 MARILYN SHULTZ A/K/A MARILYN HALE Address: 709 N. 2Nr~ STREET, HARRISBURG, PA 17102 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.5(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manuel 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party except a corporation acting pro se must cite statute): NOT APPLICABLE 3. The names of all known parties to the litigation: MARTIN SHULTZ ~[ARILYN SHULTZ A/K/A MARILYN HALE, Defendant MIDFIRST BANK, Plaintiff 4. The court in which the case has been or will be heard. CUMBERLAND 5. The docket or other identifying number if one has been issued: None as of above date 6. The capacity in which this individual is to be served (e.g. defendant or ~vitness) DEFENDANT WARNING IHE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROC ESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,0000 OR IMPRiSONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS. ORBOTkt (TITLE 18 U.S.C SECTION 1001). I Certif~v tb,,a~above information is tree and that the address information is needed and ~vill be used solely for .~~ith actual or litigation. Signature 1719 N. Front Street Harrisburg, PA 171C,2 Leon P. Haller, Esquire : Printed Name . , ~ ' POST OFFICE USE ONLY ~,'" No Change of address order on file. NEW ADDRE~S~o[ NAME and STREET ADDRESS BOXHOLDER'S POSTMARK Not known at address given. Moved. Left no forwarding address. No such address November 17, 2003 PURCELL KRUG & HALLER 1719 N. FRONT STREET HARRISBURG, PA 17102-2392 Postmaster LEMOYNE. PA 17043 City, State, Zip Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please fnrnish the new address or the name and street address ofa boxholde:: for the following MARTIN SHULTZ 7 MARILYN SHULTZ A/K/A MARILYN HALE Address: 691 STATE STREET, LEMOYNE, PA 17043 NOTE: The name and last known address are reqnired for change of address inforn~ation. The name, if known, and post office box address are required for boxholder information. The follmving information is provided in accordance with 39 ~FR 265.5(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived m accordance ;vith CFR 265.6(d)(1) and (2) and con-esponding Administrative Support Manuel 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party except a corporation acting pro se must cite statute):_ NOT APPLICABLE 3. The names of all known parties to the litigation: MARTIN SHULTZ MARILYN SHULTZ A/K/A MARILYN HALE, Defendant MIDFIRST BANK, Plaintiff The court in which the case has been or will be heard. CUMBEREAND 5. The docket or other identifying number if one has been issned: None as of above date 6. The capacity in which this individual is to be served (e.g. defendant or witness) DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT 1N CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,0000 OR IM?RISONMEN" OR I2) TO AVOID PAYMENT OF THE FEE FOR CIIANGE OF ADDRESS INFORMATION OF NOT MORE TITAN 5 YEARS, OR BOTH ~E 18 U.S.C. SECTION I001). I Certify thatJl~above information is true and that the address information is needed and will be used solely 1bt Servic~l process in cmmection with actual or prospective litigation. ~ ...~]~/~"~'"'"'""-- Address: at Street Signature 1719 N. Fro Harrisburg, PA 171 D2 Lemr P. Haller, Esquire Printed Name POST OFFICE USE ONLY No Change of addres~ order on file. NEW BOXHOLDER'S POSTMARK Not known at address given. NAME and STREET ADDI;~SS Moved. Let~ no forwarding address. No such address kDDRESS or , 7-~. MIDFIRST BANK Plaintiff VS. MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE Defendant(s) IN TIdE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-3967 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: December 30, 2003 PURCELL, KRUG, & HALLER 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 M1DFIRST BANK Plaintiff Vs. MARTIN SHULTZ AND MARILYN SHULTZ A/K]A MARILYN HALE Defendant(s) IN THE cOURT OF coMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3967 CIVIL ACTION - LAW 1N MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Leon P. Hailer, hereby certify that a true and correct copy of the Complaint in the above captioned action was forward to the following individuals by regular U. S. Mail, first class service, postage prepaid, and by certified mail, remm receipt requested, postage prepaid, on January 5, 2004, addressed as follows: MARTIN SHULTZ 691 STATE STREET LEMOYNE, PA 17043 MARTIN SHULTZ 709 2s° STREET HARRISBURG, PA 17102 SWORN to and subscribed 20f~f - ~otary PubtSc My commission expires: (SEA1,) COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania Association Of Notarie~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-03967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS SHULTZ MARILYN ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SHULTZ MARILYN A/K/A MARILYN HALE DEFENDANT at 1440:00 HOURS, on the at 691 STATE STREET LEMOYNE, PA 17043 POSTED PROPERTY AT 691 STATE a true and attested copy of COMPLAINT - was served upon the 2nd day of January , __ 2004 by handing to STREET LEMOYNE, PA MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 18 00 11 04 6 00 10 00 00 45 04 Sworn and Subscribed to before me this f ~-~ day of / l~rothonotary ' ! , So Answers: R. Thomas Kline 01/05/2004 PURCELL KRUG HAiR Deputy Sheriff RETURN - REGULAR SHERIFF'S CASE NO: 2003-03967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJtND MIDFIRST BANK VS SHULTZ MARILYN ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT SHULTZ MARTIN DEFENDANT , at 1440:00 at 691 STATE STREET LEMOYNE, PA 17043 POSTED PROPERTY AT 691 STATE a true and attested copy of - MORT FORE was served upon the HOURS, on the 2nd day of January , 2004 by handing to STREET LEMOYNE, PA COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Posting 6.00 Surcharge 10.00 .00 22.00 Sworn and Subscribed to before me this % ~ day of So Answers: R. Thomas Kline Ol/O5/2oo4 _ // PURCELL KRUG HA~ER // Deputy Sheriff ~/g~/~ ~20o %' A.D. B/roqhonot ary , MIDFIRST BANK, PLAINTIFF VS. MARTIN SHULTZ AND MAR1LYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-3967 MORTGAGEFORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $12.82 From 01/01/2003 To 09/01/2003 Accumulated Late Charges Late Charges ($29.03 per month to 09/01/2003) Escrow Deficit $49,231.57 $3,497.13 $168.15 $232.24 $173.67 5% A~omey'sCommission TOTAL $2,461.58 $55,764.34 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of SherifFs Sale. PURCELL, KRUG & HALLER By on ~ ..... ~-'e6~P. H~# 15700 1719 Noffia-"Front Street Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, Vs. PLAINTIFF MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT[ON LAW NO. 03-3967 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on January 29, 2004 1 served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leo Attorney for Plaintiff /' Purcell, Krug &Haller ~ 1719 North Front Street Harrisburg, PA 17102 MIDFIRST BANK, Plaintiff VS. MARTIN SHULTZ AND MARiLYN SHULTZ A/K/A MARILYN HALE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3967 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: January 29, 2004 TO: MARTIN SHULTZ 691 STATE STREET LEMOYNE, PA 17043 MARILYN SHULTZ A/K/A MARILYN HALE 200 BEECHWOOD AVENUE TRAILER 40 DOVER, DE 19901 MARTIN SHULTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 7 l 7-249-3 166 PURCELL, KRU~~ __ By q~'~y~~//7 LEON P. HA-ELER~-, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, VS. PLAINTIFF MARTIN SHULTZ AND MARILYN SHULTZ A/FdA MARILYN HALE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-3967 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN : Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this t~dday 20v5/ Notary Public COMMONWEALTH OF PENNSYLVANIA Trad M. Colm. Nolar~ Public City EX Hanisburg, Dauphin County My C,~mmisskm Expires Aug. 21, 2007 MIDFIRST BANK, VS. PLAINTIFF MARTIN SHULTZ AND MAR1LYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-3967 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attomeys, Purcell, Krug & Hailer, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043: 1. Name and address of the Owner(s) or Reputed Owner(s): MARTIN SHULTZ 691 STATE STREET LEMOYNE, PA 17043 MARILYN SHULTZ A/K/A MARILYN HALE 200 BEECHWOOD AVENUE TRAILER 40 DOVER, DE 19901 MARTIN SHULTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Washington Mutual Finance 1217 Market Street Lemoyne, PA 17043 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 1111 Nortpoint Drive Building 4, Suite 100 Coppell, TX 75019-3921 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal ~ ennOa lWtli;dsgoe~ i~f~ Arm~t. iso.nS ecant~obne~i~0f~ Ir e~ ant~ ~ tt oanudntshwa to mfa ~Sa~ s is~;;imoenr ~~the 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:March 9, 2004 MIDFIRST BANK, VS. PLAINTIFF MARTIN sI-rULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-3967 IN MORTGAGEFORECLOSUKE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 09, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-3967 JUDGMENT AMOUNT $55,764.34 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained fi.om the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property fi.om being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243 -9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THO~E CERTAIN lots, pieces or percale of ~and, lying and being in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded end described as follows, to wit: BEQINNING a= e potnt on the north side of State Road on the line dividing Let Nos. 20 and 21 on the plan of l~ts hereinafter mentioned~ thence in ,a westerly direction along the northern line of State Road (Gettysburg Road) 22.5 feet, more or lees, to a polnt'on'the'lfne runnin~ through th'~ center of the partition wall of the double frame dwelllng house erected in part on the lot herein conveyed; thence in a northerly direction along the lest mentioned line 159 feet, more Re less, to a point on the southern line of a 20 foot alley; thence In an easterly direction along the southern line of said alley, 24 feet, more or less, to a point on the line of Lot No. 21 above mentioned; thence in · southerly ~Irection along the westech line of Lot No. 21, 150 feet to e-point, the ~lace of BEGINNING, BEING the eastern peet of Lot No. 20 on the plan of lots latd out by T. J. Newcomer, said plan being recorded in the Recorder's Office at Carlisle, in Deed Book X, Volume 5, Page 601. HAVING THEREON ERECTED A DWELLING KNOWN AS 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043 BEING THE SAME PREMISES WHICH Gregory D. Rhen and Jacqueline A. R_hen (formerly Jacqueline A. Petsche), by Deed dated 10/25/89 and recorded 10/26/89 in Cumberland County Deed Book F34, Page 1193, granted and conveyed unto Martin F. Shullz and Marilyn Hale. TO BE SOLD AS THE PROPERTY OF MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE ON JUDGMENT NO. 03-3967 ASSESSMENT NO. 12-21-0267-301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 03-3967 MIDFIRST BANK, PLAINTIFF VS. MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) Total Judgment Amount $55,764.34 Interest $3,602.42 Per diem of $12.82 to sale date 6/9/2004 Late Charges $261.27 $29.03 per month to sale date 6/9/2004 Escrow Deficit $2,000.00 TOTAL WRIT $61,628.03 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, June 09, 2004 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: March 9, 2004 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 PA I.D./415700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL THOSE CERTAIN ]ors, pieces or parce]s of ]and, lying and being in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING a= a potnt on the north side of State Road on the line dividing Lot Nos. 20 and 21 on the plan of lots hereinafter mentioned; thence in ,~ westerly direction along the northern line of State Road (Gettysmurg Road) 22.5 feet, mope or ~ess, to a polnt'on the'llne running through t~e center of the partition wa~ of the double frame dwelling house erected in part on the ~ot herein conveyed; thence in a northerly direction along the ~ast mentioned line 159 feet, more m~ ~ess, to a pognt mn the southern line of a 20 foot alley; thence in an easterly di~ectflon along the southern 31ne of said alley, 24 feet, more or less, to a ~olnt on the line of Lot No. 21 above mentioned; thence in a southergy ~frectton a]ong the western ]9ne of Lot No. 21, 150 feet to a-pognt, the ~lace of BEGINNING. BEING the eastern part of Lot No. 20 on the plan of lots laid out by T. J. Newcomer, said p~an being recorded in the Recorder's Offlce at Car39sle, in Deed Book X, Volume 5, Page 601. HAVING THEREON ERECTED A DWELLING KNOWN AS 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043 BEING THE SAME PREMISES WHICH Gregory D. Rhen and Jacqueline A. Rhen (formerly Jacqueline A. Petsche), by Deed dated 10/25/89 and recorded 10/26/89 in Cumberland County Deed Book F34, Page 1193, granted and conveyed unto Martin F. Shultz and Marilyn Hale. TO BE SOLD AS THE PROPERTY OF MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE ON JUDGMENT NO. 03-3967 ASSESSMENT NO. 12-21-0267-301 gVRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-3967 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILY'N HALE (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 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 DueS55,764.34 L.L.$.50 Interest Per diem of $12.82 to sale date 6/9/2004 Atty's Corem % Atty Paid $233.54 Plaintiff Paid Date: March 10, 2004 (SeaD REQUESTING PARTY: Name Leon P. Hailer, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 $3,602.42 Due Prothy $1.00 Other CostsLate Charges $261.27 month to sale date 6/9/2004 Escrow Deficit $2,000.00 $29.03 per CURTIS R. LONG Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Midfirst Bank is the grantee the same having been sold to said grantee on the 7th day of July A.D., 2004, under and by virtue of a writ Execution issued on the 10th day of March, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3967, at the suit of Midfirst Bank against Martin Shultz & Marilvn aka Marilvn Hale is duly recorded in Sheriff's Deed Book No. 264, Page 3467. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ] ~0 day of ~,1..~,~ , A.D2004 Midfirst Bank VS Martin Shultz and Marilyn Shultz Aka Marilyn Hale In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3967 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Martin Shultz, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sheriff's Sale and Description, according to law. Dauphin County Return: And Now, March 31, 2004 at 1:41 o'clock pm served the within Real Estate Writ, Notice of Sale upon Martin Shultz by personally handing to defendant one true attested copy of the original Real Estate Writ, Notice of Sale and making known to him the contents thereof at Dauphin Co SherifFs Office, Front & Market Streets, Harrisburg, PA 17108. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Marilyn Shultz aka Marilyn Hale, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sheriff's Sale and Description, according to law. Dauphin County Return: I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Marilyn Shultz a/k/a Marilyn Hale the defendant named in the within Notice of Sheriff's Sale of Real Estate and that I am unable to fin her in the County of Dauphin, and therefore return same NOT FOUND, May 5, 2004. Per ex husband, defendant does not live there. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2004 at 8:45 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Martin Shultz and Madlyn Shultz a/k/a Marilyn Hale located at 691 State Street, Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Martin Shultz, by regular mail to his last known address of 709 N. Second Street, Harrisburg, PA 17102. This letter was mailed under the date of April 16, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 7, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $45,000.00 to Attorney Leon Haller for Midfirst Bank. It being the highest bid and best price received for the same, Attorney Leon Haller of 1719 North Front Street, Harrisburg, PA 17101, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of$11,965.64. Sheriff's Costs: Docketing $30.00 Poundage 900.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 7.77 Levy 15.00 Surcharge 30.00 Out of County 9.00 Dauphin County 51.00 Law Journal 297.95 Patriot News 309.43 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 40.50 $ 1831.41 Sworn and subscribed to before me So Answers: , This /6 ~ day of (~)j~j- ~:~"~~~~ .~x ~ _ _ R. Thomas Kline, Sheriff 2004, A.D. ~ ~ 0, ~lfl~ /~ / (- ~ // Prothonotary BYk..~ .6~1~ ) Real Estal~Deputy SCHEDULE OF DISTRIBUTION SALE NO. 74 Date Filed: July 30, 2004 Writ No. 2003-3967il Term Midfirst Bank VS Martin Shultz and Marilyn Shultz a/k/a Marilyn Hale Sale Date: Buyer: Bid Price: July 7, 2004 Attomey Leon Hailer $45,0O0.O0 Real Debt: $55,764.34 Interest: 3,602.42 Attorney Costs: 233.54 Late Charges: 261.27 Escrow Deficit: 2,000.00 Total: $61,861.57 DISTRIBUTION: Receipts: Cash on account (03/10/04): $ 1,500.00 Cash on account (07/07/04): 4,500,00 Cash on account (07/23/04): 5,965.64 Credit Writ No. 2003-3967: 33,034.36 Total Receipts: $45,000.00 Disbursements: Sheriff's Costs Legal Search Faith Nicola, Tax Collector Lemoyne Borough Credit Writ No. 2003-3967 $1,816.41 200.00 559.47 9,389.76 33,034.36 Total Disbursements: Balance for distribution: ($45,OOO.OO) 0.00 So Answers: R. Thomas Kline Sheriff MIDFIRST BANK, VS. PLAINTIFF MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT/ON LAW NO. 03-3967 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attomeys, Purcell, Krug & Hailer, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043: 1. Name and address of the Owner(s) or Reputed Owner(s): MARTIN SHULTZ 691 STATE STREET LEMOYNE, PA 17043 MARILYN SHULTZ A/K/A MARILYN HALE 200 BEECHWOOD AVENUE TRAILER 40 DOVER, DE 19901 MARTIN SHULTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 2. Name and address of Defendant(s) in the Judgmem, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Washington Mutual Finance 1217 Market Street Lemoyne, PA 17043 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 1111 Nortpoint Drive Building 4, Suite 100 Coppell, TX 75019-3921 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) 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 subje~ct to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorit~j~...~._.] 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:March 9, 2004 MIDFIRST BANK, VS. PLAINTIFF MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-3967 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 09, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Permsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-3967 JUDGMENT AMOUNT $55,764.34 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF TIlE TIME AND PLACE OF TIlE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERI,AND COUNTY: NO03-3967 Civil CIVIL ACTION - LAW To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From MARTIN SHULTZ AND MARILYN SHULTZ A/I, UA MARILYN HALE (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 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachmem has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendam (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 garmshee, you are directed to notify him/her that he/she has been added as a garmshee and is enjoined as above stated. Amount Due$55,764.34 L.L.$.50 Interest Per diem of $12.82 to sale date 6/9/2004 Atty's Corem % Arty Paid $233.54 Plaintiff Paid Date: March I0, 2004 (Seal) REQUESTING PARTY: Name Leon P. Hailer, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 71%234-4178 Supreme Court ID No. 15700 $3,602.42 Due Prothy $1.00 Other CostsLate Charges $261.27 month to sale date 6/9/2004 Escrow Deficit $2,000.00 $29.03 per CURTIS R. LONG Prothonotary . Deputy Real Estate Sale #74 On March 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 691 State Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 Real Estate Deputy YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheri~s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THOSE CERTAIN lots, pieces or parcels of land, lying and being in the Borough of Lemoynm, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at · point on the north side of State Road on the line dividing Lot Nos. 20 and 21 on the plan of 10ts hereinafter mentioned; thence in a westerly direction along the northern lfne of 5tote Road (Gettysmurg Road) 22.5 feet, more or lees, to a polnt'on'the'ilne running through th~ center of the partition wall of the double frame dwelling house erected in part on the lot herein conveyed~ thence in a northerly direction along the last mentioned line 159 feet, more mr less, to a point on the southern line of a 20 foot alley; thence in an easterly direction along the southern line of said alley, 24 feet, more or less, to s point on the line of Lot No. 21 above mentioned; thence in a southerly ~irectton ~long the western llne of Lot No. 21, 150 feet to e. point, the ~lace of BEGINNING. BEING the eastern part of Lot No. 20 on the plan of lots laid cut by T. J. Newcomer, said plan being recorded in the Recorder*s Office at Carlisle, In Deed Book X, Volume 5, Page 601o HAVING THEREON ERECTED A DWELLING KNOWN AS 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043 BEING THE SAME PREMISES WHICH Gregory D. Rhen and Jacqueline A. Rhen (formerly Jacqueline A. Petsche), by Deed dated 10/25/89 and recorded 10/26/89 in Cumberland County Deed Book F34, Page 1193, granted and conveyed unto Martin F. Shultz and Marilyn Hale. TO BE SOLD AS THE PROPERTY OF MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE ON JUDGMENT NO. 03-3967 ASSESSMENT NO. 12-21-0267-301 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 74 Advertised for Wednesday, June 9, 2004 Date: July 9, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Gregory D. Rhen and Jacqueline A. Rhen, by deed dated October 25, 1989 and recorded October 26, 1989 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book "F,~' Volume 34, Page 1193 granted and conveyed to Martin F. Shultz and Marilyn Hale single persons. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of pa~ies in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of State Street and an unnamed 20 foot wide public alley. 6. Rights in party wall forming a portion of the dividing line for the subject premises. Mortgage in the amount of $59,062.00 given by Martin F. Sbultz and Marilyn Hale to Sovran Mortgage Corporation dated October 25, 1989 and recorded October 26, 1989 10. 11. in Mortgage Book 956 Page 1016, Said mortgage was assigned to Midfirst Bank by instrument recorded April 13, 1999 in Miscellaneous Record Book 609, Page 849. Complaint in mortgage foreclosure filed by Midfirst Bank as Plaintiff against Marilyn Shultz, also known as Marilyn Hale and Martin Shultz, as Defendants, in the Office of the Prothonotary of Cumberland County on August 14, 2003 to File No. 2003- 3967. Default judgment entered March 10, 2004 in the amount of $55,764.34. Mortgage in the amount of $2,300.00 given by Martin Shultz and Marilyn Shultz to Harristown Development Corporation dated January 27, 1992 and recorded February 7, 1992 in Mortgage Book 1046, Page 556. Mortgage in the amount of $7,151.00 given by Martin F. Shultz and Marilyn Hale to American Home Improvements Products, Inc. dated March 18, 1997 and recorded October 6, 1997 in Mortgage Book 1409, Page 109. Assigned to Associates Financial Services by instrument recorded Octobr 6, 1997 in Miscellaneous Record Book 558, Page 1094. Municipal lien filed by Borough of Lemoyne as Plaintiff against Marilyn Hale and Martin Schultz as Defendants in the office of the Prothonotary of Cumberland County to File No. 2001-3348, in the amount of $4,795.04. Building conditions, restrictions, and easements as shown on or set foah on the Plan of Mary W. Berghauf Estate recorded in Deed Book 'X," Volume 5, Page 601. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 12. Real estate taxes accruing on and after January 1, 2005, not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens.in Federal ~(l~.strict Court. Robea G. Frey, Agent ~ Note: This Title Repo~ shall not be v~id orpind~g until countersigned by ~ authorized signato~ REAL ESTATE SALE NO. 74 Writ No. 2003-3967 Civil Mldfirst Bank Martin Shultz and Mar/Jim Shultz a/k/a Marilyn Hale Arty,: Leon P. Hal/er ALL THOSE CERTAIN lo~, pieces or parcels of land. lying and being in the Borough of Lemoyne. Cumber- land County. Pennsylvania, bound- ed and described as follows, to BEGINNING at a point on the north side of Stats Road on the Line ally/ding Lot Nos. 20 and 21 on the plan of lots hereinafter mentioned; ESTATE ~ALE NO. 74 Writ No. 2003-3967 Civil Midflrst Bank VS. Martin Shultz and Marflyn Shu/tz a/k/a Marilyn Hale Atty.: Leon p. Haller ALL THOSE CERTAIN lots, pieces or parcels of land, lying and being in the Borough of Lemoyne, Cumber- land County, Pennsylvania, bound- ed and described as follows, to wit: BEGINNING at a point on the north side of State Road on the line dividing Lot Nos. 20 and 21 on the plan of lots hereinafter mentioned: thence in a westerly direction along the northern line of State Road {Get- tysburg Road) 22.5 feet, more or less, to a point on the line runrgng through the center of the partition wall of the double frame dwelling house erected in part on the lot here- in conveyed; thence in a northerly direction along the last mentioned line 159 feet, more or less, to a point on the southern line of a 20 foot ailey; thence in an easterly direc- tion along the southern line of said alley, 24 feet. more or less, to a point on the line of Lot No. 21 above men- tJoned; thence in a southerly direc- tion along the western Iine of Lot No. 21. 150 feet to a point, the place of BEGINNING. BEING the eastern part of Lot No. 20 on the plan of lots laid out by T, J. Newcomer, said plan being recorded in the Recorder's Office at Carlisle, in Deed Book X. Volume 5, Page 601. HAVING THEREON erected a dwelling known as 691 State Street Lemolme, Pennsylvania 17043. BEING THE SAME PREMISES which Gregory D. Rhen and Jacque- line A. Rhen (formerly Jacqueline A. Petsche), by Deed dated 10/25/89 and recorded 10/26/39 tn Cumber- land County Deed Book F34, Page 1198, granted and conveyed unto Martin F. Shultz and Marily~ Hale. TO BE SOLD as the property of Martin Shultz ired Marllyn Shultz a/k/a Marilyn Hale on Judgment No. 03-3967. ASSESSMENT NO. I2-21-0267- 301. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Mic=haeJ Morrow, being duly sworn according to law, deposes and says: That he is the 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, Jn the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1354, 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the aflegations of this statement as to the time, place and character of pubfication 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 the Recording of Deeds in and for said C~aneous Book "M", Volume 14, Page 317. PUBLICATION ................................................................... COPY ,c;wc~rn tn ~j(~T~l~U.bo,~bef~re r~this 28th day of May 2004 A.D. My Commission Expires June 6, 200~ I NG~ARY PUBLIC Member, pennsylvania Aslocialion o f Nolarie~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates 309.43 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. 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. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that thc Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in thc County and State aforesaid, was established January 2, 1952, and designated by thc 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 thc 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 thc said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 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. ~ F~TATE ~ NO. 74 writ No. 2003-3967 Civil Mldflrst Bank Martin Shultz and Marllyn Shultz a/k/a Marityn Hale Atty.: Leon P. Hailer ALL THOSE CERTAIN lots, pieces or parcels of land, lying and being in the Borough of Lemoyne, Cumber- land County, Pennsylvania. bound- ed and described as follows, to wit: BEGINNING at a point on the nm~h side of State Road on the line dividing Lot Nos. 20 and 21 on the plan of lots hereinafter mentioned; thence in a westerly direction along the northern line of State Road (Get- tysburg Road) 22.5 feet. more or less, to a point on the line running through the center of the partition wall of the double frame dwelling house erected in part on the lot here- in ~onyeyed; thence in a northerly SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 NO~T~A~ SEAL ~ LOIS E. SNYDER, Notaqt Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 or parcels of land, lying an~ 'being in the Borough of Lemoyne, Cumber- land County, Pennsylvania, bound- ed and described as follows, to wit: BEGINNING at a point on the north side of State Road on the line dividing Lot Nos. 20 and 21 on the plan of lots hereinafter mentioned; thence in a westerly direction along the northern line of State Road (Get- tysburg Road) 22.5 feet, more or less. to a point on the line running through the center of the partition wall of the double frame dwelling house erected in part on the lot here- in conveyed; thence in a northerly direction along the last mentioned line 159 feet, more or less. to a point on the southern line of a 20 foot alley; thence in an easterly direc- tion along the southern [/ne of said alley, 24 feet, more or less, to a point on the line of Lot No. 21 above men- tioned; thence in a southerly direc- t. ion along the western line of Lot No. 21, 150 feet to a point, the place of BEGINNING. BEING the eastern part of Lot No. 20 on the plan of lot~ laid out by T. J. Newcomer, said plan being recorded in the Recorder's Office at Carlisle, In Deed Book X. Volume 5, Page 601. HAVING THEREON erected a dwelling known as 691 State Street Lemoyne, Pennsylvania 17043. BEING THE SAME PREMISES which Gregory D. Rhen and Jacque- line A. P~hen (formerly Jacqueline A. Petsche), by Deed dated 10/25/89 and recorded 10/26/89 in Cumber- land County Deed Book F34, Page 1193, granted and conveyed unto MartJn F. Shultz and Marllyn Hale. TO BE SOLD as the property of Martin Shultz and Marllyn Shultz a/k/a Marllyn Hale on Judgment No. 03-3967. ASSESSMENT NO. 12-21-0267- 301. LOE Ca~li.~ My Con'