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HomeMy WebLinkAbout03-5827FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC. 702 A.C. SKINNER PARKWAY, SUITE 200 JACKSONVILLE, FL 32256 Plaintiff RICHARD L. MUMMA SHIRLEY L. IvlUMMA 179 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O. -- CUMBERLAND COUNTY Defendant(s) CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCiES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 81884 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN T'vVENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File#: 81884 Plaintiff is WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. 702 A.C. SKINNER PARKWAY, SUITE 200 JACKSONVILLE, FL 32256 The name(s) and last known address(es) of the Defendant(s) are: RICHARD L. MUMMA SHIRLEY L. MUMMA 179 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/19/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1608, Page 50. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 81884 The following amounts are due on the mortgage: Principal Balance Interest 06/01/2003 through 11/04/2003 (Per Diem $22.28) Attorney's Fees Cumulative Late Charges 04/19/2000 to 11/04/2003 Cost of Suit and Title Search Subtotal $86,728.95 3,497.96 1,250.00 342.29 $ 550.00 $ 92,369.20 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 92,369.20 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHER~FOP,_E, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,369.20, together with interest from 11/04/2003 at the rate of $22.28 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERM~,N AND PHEL~]~, I4~ /g/Francis S. H~illinffn~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 81884 Plan Ye. 2, whie~.P~&~ A~ recorded An PZ&n Book 4, VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are tree and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2003-05827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS MUMMA RICHARD L ET AL REGULAR RON KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MUMMA RICHARD L DEFENDANT , at 1958:00 HOURS, at 700 COLONIAL COURT MECHANICSBURG, PA 17055 RICHARD L MUMMA a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of November , 2003 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this / ~ day of Prot honot~'ry So Answers: R. Thomas Kline 11/18/2003 FEDERMAN & PHELJ~N SHERIFF'S RETURN - CASE NO: 2003-05827 P COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS MUMMA RICHARD L ET AL REGUL~AR RON KERR Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MUMMA SHIRLEY L DEFENDANT , at 1958:00 HOURS, at 700 COLONIAL COURT MECHANICSBURG, PA 17055 RICHARD L. MUMMA, a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of November , __ by handing to ADULT IN CHARGE - MORT FORE together with 2003 and at the same time directing His attention to the contents thereof. Additional Comments SIGN ON 179 WILLOW MILL PARK ROAD INDICATES THAT IT IS BEING WINTERIZED. IT IS CURRENTLY VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~/~2~, - ~3~ c~c~ ~ A.D. Prothonc~ary So Answers: R, Thomas Kline 1/18/2003 FEDERMAN & PHELAiq By /E~e~ uty~ Sk/~eri f f FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103o1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/I/1 TO HOMES1DE LENDING, INC. 702 A.C. SKINNER PARKWAY, SUITE 200 JACKSONVILLE, FL 32256 Plaintiff, V. RICHARD L. MUMMA SHIRLEY L. MUMMA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FA/LURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RICHARD L. MUMMA and SHIRLEY L. MUMMA, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/4/03 to 1/7/04 TOTAL $92,369.20 $1,448.20 $93,817.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: o'o~- - PRO PROTHY FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HAI.EINAN, ESQ., Id. No. 62695 ONE PENN CEN I'ER PLAZA, SUI I'E 1400 PHILADELPHIA, PA 19103 f ?_z~) 56&7000 ATTORNEY FOR PI,AINTIFF WASHINGTON MU FUAL BANK, FA. S/I/I TO HOMESIDE l,/ NDING, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Ms RICIIARD L. MUMMA StlIRLEY L. MUMMA Defendants : CUMBERLAND CODNTY : NO. 03-5827 CIVIL TERM TO: RICHARD L. MUMMA 700 COLONIAL COURT MECHAN[CSBURG, PA 17055 DATE OF NOTICE: DECEMBER 9, 2003 THiS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. FHIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO ttEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAUi.T BECAUSE YOU HAVE FAILED TO ENTER A WRITJEN 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A tlEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHI'S. YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOI' [lAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIKING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRA~qK FEDERMAN. ESQUIRE LAWRENCE T, PIIEEAN, ESQUIRE FRANCISS fI,\LLINAN. ESQUIRE Attorneys fur Plam0ff FEDERMAN AND PHELAN, LLP FRANK FEDERaMAN, ESQ., Id. No. 12248 LAWRENCE T PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ~2~S) ~6%700Q ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL HOMESIDE LENDING, INC. Plaintiff BANK, FA. S/I/I TO : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. :CUMBERLAND COUNTY R/CHARD L. MUMMA SHIRLEY L. MUMMA Defendants : NO. 03-5827 CIVIL TERM TO: SHIRLEY L. MUMMA 700 COLONIAL COURT MECHANICSBURG, PA 17055 DATE OF NOTICE: DECEMBER 9, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT THIS NOTICE IS SENT TO YOU tN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 F~NK FEDE~IAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCISS HAI.LINAN. ESQHIRE Attomc)s tbr [dainliff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC. 702 A.C. SKINNER PARKWAY, SUITE 200 Plaintiff, RICHARD L. MUMMA SHIRLEY L. MUMMA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CML TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant R/CHARD L. MUMMA is over 18 years of age and resides at, 700 COLONIAL COURT, MECHANICSBURG, PA 17055 . (c) that defendant SHIRLEY L. MUMMA is over 18 years of age, and resides at, 179 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC. 702 A.C. SKINNER PARKWAY, SUITE 200 Plaintiff, RICHARD L. MUMMA SHIRLEY L. MUMMA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on ~PUTY~ ~ ~t/L~ If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff, V. RICHARD L. MUMMA SHIRLEY L. MUMMA Defendant(s). No. 03-5827 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi-om 1/7/04 to JUNE 9, 2004 (per diem -$15.42) TOTAL $93,817.40 ¢ $2,374.68 and Costs $96,192.08 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property.No. LEGAL DESCRIPTION PROPERTY: 179 WILLOW MILL ROAD, MECHANICSBURG, PA 17050 TAX KEY NUMBER: 38-16-1090-050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5827 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff (s) From RICHARD L. MUMMA, 700 COLONIAL COURT, MECHANICSBURG PA 17055 AND SHIRLEY L. MUMMA, 179 WILLOW MILL PARK ROAD, MECHANICSBURG PA 17050. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 179 WILLOW MILL PARK ROAD, MECHANICSBURG PA 17050 (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) Ifprnperty 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 Due $93,817.40 L.L. $.50 Interest 1/7/04 TO 6/9/04 ~ $15.42 per diem -- $2,374.68 Due Prothy 1.00 Atty's Comm % Atty Paid $132.90 Plaintiff Paid Date: FEBRUARY 9, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Other Costs CURTIS R. LONG Pr°th~r~t~tary fl ,~ De?uty -- Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BLVD., STE. 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 WASHINGTON MUTUAL BANK, FA, Sfl/I TO HOMESIDE LENDING, INC. Plaintiff, V. RICHARD L. MUMMA SHIRLEY L. MUMMA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-5827 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3 ! 29 (Affidavit No. 1) WASHINGTON MUTUAL BANK, FA, S/l/I TO HOMESIDE LENDING, INC., Plaintiffin thc above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~179 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD L. MUMMA 700 COLONIAL COURT MECHANICSBURG, PA 17055 SHIRLEY L. MUMMA 179 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 2. Name and address &Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: manic Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE, SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 179 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r~ FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPmA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff, V. RICHARD L. MUMMA SHIRLEY L. MUMMA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-5827 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the prernises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S/If[ TO HOMESIDE LENDING, INC. Plaintiff, ¥. RICHARD L. MUMMA SHIRLEY L. MUMMA Defendant(s). TO: RICHARD L. MUMMA 700 COLONIAL COURT MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-5827 CML TERM February 3, 2004 SHIRLEY L. MUMMA 179 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 179 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050~ is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,817.40 obtained by WASHINGTON MUTUAL BANI(~ FA, S///I TO HOMESIDE LENDING, /NC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yotl. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be flied by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION PROPERTY: 179 WILLOW MILL ROAD, MECHA-NICSBURG, PA 17050 TAX KEY NUMBER: 38-16-1090-050 FEDERMANAND PHELAi~, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC. ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : ,COURT OF COMMON PLEAS vs. Richard L, Mumma Shirley L. Mumma : CIVIL DIVISION : NO. 03-5827 CIVIL TERM RULE upon Richard L, Mumma Shirley L. Mumma, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE this ~ day of ~ 2004. gO :4 Nd L3 ~dV ~IOOZ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC. vs. Richard L, Mumma Shirley L. Mumma ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM CERTIFICATION OF SERVIO~ I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 12, 2004 and a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the individuals indicated below on May 4, 2004. Richard L. Mumma 700 Colonial Court Mechanicsburg, PA 17055 Michael L. Bangs Bangs Law Office 302 South 18tn Street Camp Hill, PA 17055 Date: May 4, 2004 Shirley L. Mumma 179 Willow Park Road Mechanicsburg, PA 17050 By: FE~ PHELA/~, L.L. P Daniel G. Schmie~, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESDE LENDING, INC. VS. RICHARD L. MUMMA SHIRLEY L. MUMMA CIVIL ACTION CIVIL DIVISION NO. 03-.5827 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAl, BANK, FA~ S/Iff TO HOMESIDE LENDING~ INC. hereby verify that on February 17~ 2004 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 7, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff t~l~/~ 0004~00377 F'EB17 200 FEDERMA~N/kND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, Homes/de Lending, INC. vs. Richard L, Mumma Shirley L. Mumma FA, S/III To CUMBERLAND COIFNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM MOTION TO MAKE RULE A~SOL~TE April 20, Shirley L. Reassessment attached hereto as Exhibit A. 3. The Rule to Show Cause Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause abselute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) Richard L, Mumma Mumma on April 27, 2004 to show cause why the Order for should not be entered. A true and correct copy of the Rule is was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 12, 2004 WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment cf Damages. FED~/~/ PHELA/~, L.L.P. ~f~llelXG. Schmieg, E~ire Attorney for Pla~ff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: May 14, 2004 ~Siel ~. Schmieg, Attorney for Plain~-~ FEDERMAN;LNTD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Richard L, Mumma Shirley L. Mumma : NO. 03-5827 CIVIL TERM RULE ~ NOW, this ~ day ofA . ~'~ , 2004, a Rule is entered upon Richard L, Mumma Shirley L. Mumma, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE this l~day of ~ 2004. BY THE COURT: TRUE ,COPY FROM RECORD In T~stimony whereof, ~ h~e unt,o set my hand ancJ~l~he seal ?f said C~urt,.~t, Carlisle, Pa. FEDEPd~A~A/qD PHELAN, LLP. by: Daniel G. Schmie9, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOrnEY FOR PLAINTIFF Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC. vs. Richard L, Mumma Shirley L. Mumma 'ITORNEY roLE ,9,0PY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM CERTIFICATION OF SERVICE ~,h, ~ ~ ~ ~ .... ~ I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 12, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 4~ 200~. Richard L. Mumma 700 Colonial Court Mechanicsburg, PA 17055 Shirley L. Mumma 179 Willow Park Road Mechanicsburg, PA 17050 Michael L. Bangs Bangs Law office 302 South 18~h Street Camp Hill, PA 17055 FEIiERM~kN AND PHELAN, L.L.P TTOt:INEVZI-E¢OP¥ BY:Daniel G. Schmie~-, Esquire ~LEASERE~JBN Attorney for Plaintiff Date: May 4, 2004 FEDERMANAND PHELAN, LLP~ by: Daniel G. Schmieg, Esquire A~ty~ I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF~A¥ Washington Mutual Bank, Homeside Lending, INC. vs. Richard L, Mumma Shirley L. Mumma FA, S/I/I To AND NOW, this ~ day of Plaintiff's Motion to Make Rule Absolute, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM ORDER  2004, upon of consideration it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount June 1, 2003 through June 9, 2004 Per Diem $ Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 86,728.95 8,344.06 342.29 1,250.00 1,077.00 0.00 3,297.50 (0.00) 0.00 0.00 0.00 $101,039.80 Plus interest per diem from June 9, 2004 through~Date of Sale percent. at six (6%) FEDERMAig ~/qD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Pern7 Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC. vs. Richard L, Mumma Shirley L. Mumma ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-5827 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) Richard L, Mumma 2004 to show cause why the Order for A true and correct copy of the Rule is 2. April 20, Shirley L. Mumma on April 27, Reassessment should not be entered. attached hereto as Exhibit A. 3. The Rule: to Show Cause was timely served upon all parties in accordance with the applicable Rules of civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 12, 2004 WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDE~ ~ PHELAN, L.L.P. ~(hiel~G. Schmieg, E~hire Attorney for pla~ff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: May 14, 2004 I~Siel ~.Schmie9, E~.fre Attorney for Plain~f~ Exhibit A FEDERMAN~rD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC. vs. Richard L, Mumma Shirley L. Mumma ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM RUL~ upon Richard L, Mumma Shirley L. Mumma, Defendant(s) 2004, a Rule is entered to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETUR/qABLE this [~day of ~ 2004. BY THE COURT: TRUE COPY FROM RECORD T~t:,mon'~ whereof,)l here unt.o set my hand ancJ, lhe sea~ of said C~urt,~ Carlisle, Pa. -- Exhibit B FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 <215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, Homeside Lending, lINC. vs. Richard L, Mumma Shirley L. Mumma ~TORNEY FILF. CC~oY FA, S/I/I TO CERTIFICATION OF SERVICE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of -- May 12, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 4, 2004. Richard L. Mumma 700 Colonial Court Mechanicsburg, PA 1.7055 Michael L. Bangs Bangs Law office 302 South 18~h Street Camp Hill, PA 17055 ATTORNEY F~LE COPY PLSASE RETURN Date: May 4, 2004 Shirley L. Mumma 179 Willow Park Road Mechanicsburg, PA 17050 FE~RMAN AND PHELAN, L.L.P Daniel G. Schmie~', Esquire Attorney for Plaintiff 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 Fannie Mae is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 9th day of Feb, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5827, at the suit of Washington Mutual Bank F A against Richard L Mumma & Shirley L is duly recorded in Sheriff's Deed Book No. 263, Page 3890. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D2004 day of Recorder of Deeds Washington Mutual Bank, FA s/i/i To Homeside Lending, Inc. VS Richard L. Mumma and Shirley L. Mumma In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5827 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 03, 2004 at 6:11 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Richard L. Mumma and Shirley L. Mumma, by making known unto Richard L. Mumma, personally and husband of Shirley L. Mumma, at 700 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 6:20 o'clock P.M., she posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard L. Mumma and Shirley L. Mumma located at 179 Willow Mill Park Rd., Mechanicsburg, 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 defendants, to wit: Richard L. Mumma and Shirley L. Mumma, by regular mail to their last known address of 700 Colonial Court, Mechanicsburg, PA 17050. These letters were mailed under the date of April 06, 2004 and never returned to the Sheriffs 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 June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 market Street, Suite 800, Philadelphia, PA 19103 being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $702.66. Sheriffs Costs: Docketing $30.00 Poundage 13.78 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 12.42 Levy 15.00 Surcharge 30.00 Law Journal 242.15 Patriot News 194.05 Share of Bills 29.26 Distribution of Proceeds 25.00 Sherift?s Deed 39.50 $ 702.66 Sworn and subscribed to before me This ~,~ dayof (~7 2004, A ~ R. Thomas Kline, Sheriff Real Estat~J)eputy 'WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff, RICHARD L. MUMMA SHIRLEY L. MUMMA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5827 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK~ FA, S/I/I TO HOMESIDE LENDING, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,179 WILLOW MllJ, pARK ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD L. MUMMA 700 COLONIAL COURT MECHANICSBURG, PA 17055 SHIRLEY L. MUMMA 179 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: manic Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE, SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 179 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff, RICHARD L. MUMMA SmRLEY L. MUMMA Defendant(s). TO: RICHARD L. MUMMA 700 COLONIAL COURT MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-5827 CIVIL TERM February 3, 2004 SHIRLEY L. MUMMA 179 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY.** Your house (real estate) at ~ 179 WILLOW MILL PARK ROAD~ MECHANICSBURG~ PA 17050~ is scheduled to be sold at the Sheriffs Sale on JUNE 9~ 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93~817.40 obtained by WASHINGTON MUTUAL BANK~ FA~ S/Ill TO HOMESIDE LENDING~ INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take ~mmedaate action. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sherifl's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION PROPERTY: 179 WILLOW MILL ROAD, MECHANICSBURG, PA 17050 TAX KEY NUMBER: 38-16-1090-050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) , NO 03-5827 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff (s) From RICHARD L. MUMMA, 700 COLONIAL COURT, MECHANICSBURG PA 17055 AND SHIRLEY L. MUMMA, 179 WILLOW MILL PARK ROAD, MECHANICSBURG PA 17050. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 179 WILLOW MILL PARK ROAD, MECHANICSBURG PA 17050 (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 gamishee(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 Due $93,817.40 L.L. $.50 Interest 1/7/04 TO 6/9/04 ~ $15.42 per diem = $2,374.68 Due Prothy 1.00 Atty's Comm % Atty Paid $132.90 Plaintiff Paid Date: FEBRUARY 9, 2004 Other Costs Proth?~xotary (Seal) By: k~ (L~, t[ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BLVD., STE. 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 CURTIS R. LONG Real Estate Sale #34 On March 02, 2004 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 179 Willow Mill Park Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ( Date: March 02, 2004 Byx.Je¢l~i ~..,~-\ Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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-New.~ and The P_'-' t-' ' newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Count~,M,,' Volume 14, Page 317. PUBLICATION COPY Sworn to and subscrib({d b~ore/~,28th day/of ?~304 A.D. ~ L Russell, Notal'y Public I ~rrisbura. Dauphin County [ NOTARY PUBLIC My Commission Expires JuneB, 2006 M. cornrnsson ex ir ' t ....... ~let ~ p es dune 6 2006 I 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 Total $ 1 9 4.0 5 Publisher's Receipt for Advertising Cost ;c., publisher of The Patriot-News and Th : ,: a. P tri t-N-w , newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : 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 the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, · i V1Z~ ~ 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 tree. REAL ESTATE SALE NO. ~4 Writ No. 2003-5827 Civil Washington Mutual Bank, F.A. s/l/i to Homeside Lending Inc. VS. Richard L. Mumma and Shirley L. Mumma Atty.: Frank Federman LEGAL DESCP. IPTI ON ALL THAT CERTAIN b-act of land situate in the Township of Silver Spring, Cumberland County, Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point in the cen- ter line of Willow Mill park Road at the western line of Lot No. 52 on the hereinafter mentioned plan of lots; thence along said Lot No. 52, South 01 degrees 43 minutes East 166 feet to an iron pipe; thence South 86 degrees 47 minutes West 100 feet to an iron pipe at line of -- ~i;~ ~xTIarie Coyn~, Editor SWORN TO AND SUBSCRIBED before me this 30 .day of APRI~L 2004_ NOTARIA't. SEAL LOIS E. SNYDER, Notary public Cai'lisle Boro, cumberland County My CommiSsion Expires March 5, 2005 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : 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 the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of ail legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumai, 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 tree. REJ~ ESTATTM 8~I,E NO. ~4 Wdt No. 2003-5827 Civil Washington Mutual Bank, F.A. s/i/i to Home$1de Lending Inc. vs. Richard L. Murnma and Shirley L. Mumma Atty.: Frank Federrnan LEGAL DESCRIPTION ALL THAT CERTAIN ix-act of land situate in the Township of Silver Spring, Cumberlmnd County, Penn- sylvania, more particularly bounded and described as follows: BE;GINNING at a point in the cen- ter line of Willow Mill park Road at the wastem line of Lot No. 52 on the hereinafter mentioned plan of lots; thence along said Lot No. 52, South 01 degrees 43 minutes East 166 feet to an iron pipe; thence South 86 degrees 47 minutes West 100 feet to an iron pipe at line of land now or late of Stansfield and ~ish MaEe Coyn~, Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 NO~AATAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 %Nashington Mutual Bank, F.A. $/i/l to Ho~neside Lending Inc. vs. ~ch~d L, Mu~ ~d S~fleY L. Mum~ At~.: ~ Fede~ LEG~ DESc~ON ~L ~T cERT~N ~act ofl~d In the To~ship of Silver situate syl~a, and desc~bed BEGIN~NG at a point in ~e cen- ter hne of W~ow ~R p~k Road at ~e wes? = . menuoned plan 0f S0u~ 86 degrees 47 . e North 86 degrees 47 ~/e~l~st 100 feet to a P°int' ~ ce of begl~ng' 54 on pl~ oflo~ BEING - ~ ~. Mumma and Helen P. ~om~ ~ 10/06/1978 m Deed Book B28 page o-~, Road, Mech~csburg' pA 17050, T~~ N~E~ 38-16-1090' 050, SWORN TO AND SU __.~30 aayof-- f- - T~ - W .' r~ _ ~~~~~ 'r~ i JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant RICHARD BARRICK, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No 2003-5$72 HEATHER BARRICK, :CIVIL ACTION - AT LAW Defendant :CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: DEFENDANT'S MOTION FOR CONTINUANCE AND NOW, comes the Defendant, Heather Barrick, by and through her attorney, Jeanne B. Costopoulos, Esquire, and files this Motion based upon the following: 1. Petitioner is Heather Barrick, Defendant above. 2. Respondent is Richard Barrick, Plaintiff above. 3. The parties are scheduled for a custody hearing before Judge J. Wesley Oler, Jr., on October 18, 2010 at 9:30 a.m. 4. Undersigned counsel is scheduled for a hearing before Judge John F. Cherry in the Dauphin County Court of Common Pleas on the same date and at the same time as the currently scheduled hearing. 5. Undersigned counsel consulted with Respondent's counsel, Paul Orr, Esquire, who indicated that he was not opposed to the motion. WHEREFORE, Defendant respectfully requests a continuance of the October 18, 2010 hearing. RESPECTFULLY SUBMITTED BY: By: JEA ~ B. COSTOPOULOS; ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 ~ ~, 2 /~ 0 f 0 Telephone No. (717) 221-0900 Date: (~ Attorney for Plaintiff w A ~ CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for the Defendant herein, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Paul Orr, Esq. 50 E. High Street Carlisle, PA 17013 By: JEANNE B. COSTOPO ~S;~SQUIRE Attorney LD. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 //Z/~~~„ ~ Telephone No. (717) 221-0900 Date: ` Attorney for Defendant