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HomeMy WebLinkAbout04-0103 FEDERMAN 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CNIL DNISION TERM Plaintiff NO. DLf- lo~ ~) v. CUMBERLAND COUNTY TIMOTHY D. COLE THERESA D. COLE AlKJA THERESA D. DEBARR I 08 VALLEY STREET SUMMERDALE, P A 17093 Defendant( s) CIVIL 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 MAYBE 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 #: 85424 File #: 85424 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN. VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL HOME LOANS 8120 NATIONS WAY, BLDG 100 JACKSONVILLE. FL 32256 2. The name(s) and last known addressees) of the Defendant(s) are: TIMOTHY D. COLE THERESA D. COLE AlKJA THERESA D. DEBARR 108 VALLEY STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/30/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1539, Page 1145. By Assignment of Mortgage recorded 7/11103 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 699, Page 1779. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/0112003 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 #: 85424 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 01/08/2004 (Per Diem $18.29) Attorney's Fees Cumulative Late Charges 04/30/1999 to 01/08/2004 Cost of Suit and Title Search Subtotal $90,505.73 2.944.69 1,250.00 68.38 $ 550.00 $ 95,318.80 Escrow Credit Deficit Subtotal - 60.30 0.00 $- 60.30 TOTAL $ 95,258.50 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 95,258.50, together with interest from 01/08/2004 at the rate of$18.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE~. AN AND PH2JLAN, LLP J . -0 II~~-- By: ~s S. J?a"lliuan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 85424 AU- THOSE CERT.A.IN PAIl.CELS. LOTS OR PIIlCES of gNUAd,si.........ln _ Townsbip of East Pcanob""', County ofCumbc;dau4. _ Stale of~lYuol mOre partleul.o<ly bouaded _ dcocribed 8$ 11>11........ to Wi" II, TRAC'J'" ill BSGINNING lit. poln, on ",.. northan lin.. QfVeU,,>, Sl-', two h_ and twcnty-alx (226) fcec in. .......,..ly _<>11 _the Northw.... c<>rncroCVollcy S__ FIrs' Strcet,: THBNCB in...-theriy _.... aloola the..._ Ii.... o( Lot No. 6, Section ""'","""_ -arixty(I60) fectto.l'OlDton.si........ (16) f'o~ alley; THENCE in. w_...ly dl<<OC1iou alou& Ibc _ b<nand.<y Ii... orllt......d aUc.y tI>l<ty (:IQ) foOd to.. polar; 1'JlI!NCE in . .au"'"", dinecti<m as.,..g the e;utem lio... of Lot No, S, ~on ".1\,", OIle 11_..... "''''Y (ICiO) _ to _ nortb_ bouIIdal)' Un.. orValley S......t; THJ!!olCE in an caotqjy ~"o" alooS the _em boUDdaIy line of Valley S-. thixtY (:10) f'cer to. point, the place of BaGtNNING. BmMO LOt No.7, Section "A", of'the Plan ..fs_le. .sid PlIIt1 bclna: n:cordcd iu. the Otlicc of"tb.c R.ec.Kd. of Deeds in and. for CumbCrlcnd Courtly, Peonsylvaaia.. in Pl.-n Book) t Page 44- HAVING TInlIlEON E1U;CTED . lWO-stoo' liatI>e dwdlillJl ho...... bOWl) ""d "..."bcn:d as 108 Valley SIrect,. f'otmc.dy 7 Va/Icy S_I, S"""",a:daJc, Peonoyh..",ia. 1 7093. TRAc;:rt1.2 BEGINNING at. pOipt on the No(tb. _ide ot"vaUcy Stnx4 at the eutcm line- of Lot No. 7; ~CE --....n,. .w..a Lot No.7,...... bUDdred IIIId alxty (160) _10 .. _on (16) tl>ot alley; THENCE _ly .1_ the IIOUtbcm Ii.,.. of oajd alley, thlny (30) _ to 'be wco>cm line of'1.ol No. , o....id plan: WBNC6 .....lh-lltdIy a1o.... the wesiwnlinc oCLot No. S, """ __ and.lxty (160) feet to tJut. .outhcm. Jine of'VaJl$Y Street: THENCE westwardly atong IIw l101'them title! ..(ValleyS"""" th/tty (30) fl:et .....polnt, thcPlac.of.BllGlNNING. 8EIN<i Lot No. 6..Scctiou. "A., ilt tillS plan oCSUmMcrdal4. adjoining Trwc:t 1/.1 as ~ed above, on the But,. _y OWllod 1>)' = B. Bt<BSTLEaad ~'tHA L. BRBSTI..E. hia wire, as teCORlod in the OffiCI!! of't.tt-.~ecorder o{ Deed. in _ fbr thc County of CuMbcd_ IIIId Sl&te ..CPennoy""'"i. i<t Piau nookl.P_44. BEING nIB SAJ;lfJ!. PREMIsES which Martha L O...,Qe, by 1>.... _ "-t.., July 14. 1992 end ......r<f'" io the Cutl>Jx:daad eoo"ty _ oftlccdo Office I.. Peed Boole T-3S. ......" 1109, __ _ coovcycd unto Daniel W_ Henh ODd Janelle L. Hcnb., the Granto(' bUBin. t..Jl"'.ft>E.R ANP SUBJECT.. DcvC:f1helC$5. .0 -.11 ~eQu... ~ctions,. eacumbnuK:Cl5 and oth.. matt,," of'record or t!ud .. physical inapcction Of StIrVCy oCtile pl:\emise8 'Would J"C'VCal. . BEING KNOWN AS: 108 VALLEY STREET. VERIFICATION ANN THORN hereby states that she is VICE PRESIDENTofW ASHINGTON MUTUAL BANK, F.A.. Mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Qk - DATE: Ii I Isert ~.~ , -..... lYo ?~ lY ---.N5U }J <Y ~ L>- U~ - 'i>-uV J' V\ C1 ~ \ lJ' ! ~I ~~ , "^' C" o ''0 C,J ~\ ", <'" 2~ \-~ t; ::-tJ ;_;&~I ~ l,J (~,' 1 . ..~. ".} -", u ' .. FEDERMAN AND PHELAN, LLP 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 1215\ 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. COURT OF COMMON PLEAS CNIL DNISION Plaintiff CUMBERLAND County vs, TIMOTHY D. COLE THERESA D. COLE No. 04-103 CNIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN AND PHELAN, LLP B: F FEDE A WRENC , PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff Date: January 23, 2004 Ijrh, Svc Dept. " @ ..... Q i ~ ~" tB:B :z: i i~ : ~ilJ ~n :x gm ~~ ~ ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00103 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COLE TIMOTHY D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , COLE TIMOTHY D 108 VALLEY STREET SUMMERDALE, PA 17093 DEFENDANT DOES NOT RESIDE AT THIS ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.04 5.00 10.00 .00 44.04 So answers: ...." . .. <..~." ./ ...~5~~-- . R, Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/14/2004 Sworn and subscribed to before me this J J...A.. day of {}A.A.U..uJ ;)fJOlf A.D. n {2 ~ .tlJro7if ~otary T SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00103 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COLE TIMOTHY D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , COLE TIMOTHY D 711 ROBERT STREET MECHANICSBURG, PA 17055 DEFENDANT'S PARENTS. HIS NEW ADDRESS IS 112 MARCO CIRCLE APT 1 SHIPPENSBURG, PA - FRANKLIN COUNTY. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 6.90 5.00 10.00 .00 27.90 So answer~__;~_.-- ..~~.~~ . R. Thomas Kl ine Sheriff of Cumberland . ? ---~-_._.-,# County FEDERMAN & PHELAN 01/14/2004 Sworn and subscribed to before ;'.2~ day o~ me this 2oLv\../- A.D. (l. _(2~IAO""k P~otary (- SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00103 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COLE THERESA D A/K/A THERESA D DEBARR but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , COLE THERESA D A/K/A THERESA D DEBARR 711 ROBERT STREET MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers ;...... ../(;~-i~;;' -~ R. Thomas Kline Sheriff of Cumberland ,.,.,-"~ County FEDERMAN & PHELAN 01/14/2004 Sworn and subscribed to before me this .;l;,l~ day of 9~U--'U'j J...ov'-f A.D. (!,. . ~(] ~-tOd ~otary , or' SHERIFF'S RETURN - REGULAR CASE NO: 2004-00103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COLE THERESA D A/K/A THERESA D DEBARR the DEFENDANT , at 0901:00 HOURS, on the 13th day of January , 2004 at 108 VALLEY STREET SUMMERDALE, PA 17093 by handing to ANDREW GRUBER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~~ R. Thomas Kline 01/14/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: CilkC/v Deputy Sheriff me this ;( a.M-A, day of ()~~1 dMJ'f. A.D. (1..1 O~/,#, ~honotary FEDERMAN 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 820 I GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. OLf- /63 ~ v. CUMBERLAND COUNTY TIMOTHY D. COLE TIlERESA D. COLE NKJA THERESAD.DEBARR 108 VALLEY STREET SUMMERDALE, P A 17093 Defendant(s) CIVIL 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 FORTIl BELOW. TIllS OFFICE CAN PROVIDE YOU WfI1I INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WfI1I INFORMATION ABOUT AGENCIES TIlAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ori':";'~'10\ ,v.,..,p" FEDERMAN AND PHELAN ~l<; ce., ""',rd U ~~:;...v" CUMBERLAND COUNlY CUMBERLAND COUNlY BAR ASSOCIATION 2 LIBERTY AVENUE 'CARLISLE,PAI7013 -!Jr: (;"'0' oy F'l':!Of'\." Ot;"OR0 (717)249-3166 ',n~_ , L'.d'"n~' In Tesflmofl.'1 wh..,en!, Ihem unto ~:;t my h~ ".~d..the ~ 03J' ~".".iJ. . u at CarIlSI8.,.rPa~_ l . L - \,,:..~ U. day, .' . fJ- .' ~ aWllU. . Me.- , '. ~~/ We hereby certify the within to be a true and corrc;'Ct" ot tho File #: 85424 File #: 85424 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL HOME LOANS 8120 NATIONS WAY, BLDG 100 JACKSONVILLE, FL 32256 2. The name(s) and last known addressees) of the Defendant(s) are: TIMOTHY D. COLE THERESA D. COLE AlKJA THERESA D. DEBARR I 08 VALLEY STREET SUMMERDALE, PA 17093 who is/are the mortgagor( s) and real owner(s) of the property hereinafter described. 3. On 04/3011999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1539, Page 1145. By Assignment of Mortgage recorded 7/11/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 699, Page 1779. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2003 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 #: 85424 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 01/08/2004 (Per Diem $18.29) Attorney's Fees Cumulative Late Charges 04/30/1999 to 01108/2004 Cost of Suit and Title Search Subtotal $90,505.73 2,944.69 1,250.00 68.38 $ 550.00 $ 95,318.80 Escrow Credit Deficit Subtotal - 60.30 0.00 $- 60.30 TOTAL $ 95,258.50 7. 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. 8. This action does not come nnder Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come nnder Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in !:!ill! Judgment against the Defendant(s) in the sum of $ 95,258.50, together with interest from 01108/2004 at the rate of$18.29 per diem to the date of Judgment, and other costs and charges collectible nnder the mortgage and for the foreclosure and sale ofthe mortgaged property. FED~N AND P~LAN, LLP . '/~ By: ~. allinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 85424 ALL TI-lOSB CBRTAlNPAltCBLs, LOTS OR PIECEs oC__i_ in_ Townohip ot'East Pamaba"",,, CoWlty aC~ _ S_of'l'elIMylvoul m...... p~ bowtcIe4 end dc:ocribed as tbllOW&, to Wit: ... TRAr!T'41 BSG~ at .. po'?l on ",.. nonhen1llnc oCV.U6)' Str=t. two Iwod<ecland ...~.IX (226) r_ .... .......crty_Ob fl'Qm the NaJtlJ_comcr-aCVallejr S_ sudl'lrot S_ THENCB u... ~Iy din:cdon ....... the...__ u.... of' l.ol No. 6, Section ".1\,", one hundted ......lxl)'(I60) tillit 10 al'Olot on uixtccn (16) rao~ alley; ~CE in a .......crJy <ll-.lou aloDglbe_ ~ Ii... oem.. Aid II1lcy tbi.<ty (30) foct 10.. polm; nmNCE u. a &au",......u,..ctl .,.... the ooulcnl line ..fLot No.8, s..:tl0ll '.11.", ...........- aod Ili>t.I;y (160) .:::: to the ,,_..... bc>IlDcIa.y Un.. orValleY S<rcet; THE:NCE in an .....torly 4irOc...." """8 thc_""'" boWldaIy no.. ..f'V.u~ ~ tbiny (30) roct 10" pOim.1I1c place of B.BGJNNING. J:lIilING Lot No. 7, Section 'A", of..... Plan of'B..........-.......d PWt \>elna: _..0. h. the omcc of',hc Recv<d... ofPe"" in and for Cumbel'lcnd Courtly, l"eonaylvWa. in Pl~ Book 1, Page 44. HAVING THllREON ERECTED .. two-stO<y m..r... dwcllillJl houso, kD..-n and rt.....bt:Icd as 108 Valley S......... ronncrly 7 Valley Sln'd, S""""codal... ;P_Iv.m.. 1709:l, TlUCT#2 S:sQINNlNO at a point on lit. N..tIb .Ids ofVallc:y S"-' lit the cutern line of Lot H.., 7; 'llUD>lCE ~d......dly..Jm>a l.ot No.7, """ _ IUtd sixty (160) _ to a _on (6) toot alley; THI!NCE _1)0 ai_the ooulb.... Ii"" of oaId aileY, tlWty (30) _ to I.... w-..m line of Lot No. , .... Aid plan; nJENC.8 __ardIy aloD& tho w-...nlin. ot'1.o1 No. S, """ __ slxty ((<SO) _ to~' 80Uthcm tine oevaJtlllY Stead; THENCE westWanlty atong dw northern tine of Valle)' S......... thICty (30) feet to .. point, the ;Place orJiB<:llNNlNG. DEINO J,..ot NO.6. Section -A-. it) the Plan oCSummeidale.. a<Uoiniaa: Tl'1lCll#l .. ...m...c.-d aI>ovc:, OIl tbc East,. -....y _ned \>y ~B. BI,Ui.STLE and MARTHA t.. BJUlST.tJ!, his wire, .. recorded in u... Ollic. ..c_ Re<:~~. of Deeds in Brtd fb1' u.. County ofCumbc:rI_ BDd stAte ofl'_""'ni. in ;pts.t Book 1,l'''8''<<. BEING Tall SAME! J'REMISES which Martha.1.. ~t1e. \>y h.... Jleed ....ad lull' 14. I!lSI2"'" _H... "'" CuoobedBrtd Couaty _ of'Oeed. Offic.. h> Peed Book T-3S, pq.,; 1109, S"'t'ted _ """vcycd unto Daniel W_ Hcnh IIDd Jandlc 1.. H.,m" u.. Ganto.l>c,..lot_ UN1>ER N:-IP SUBmc'r. ......e<1heIeoo, to all........."".., _cli...... . encambnulc:c=s ..s oth_ matteR' ofrecord or that . ph~ irupcdion 0(' SlnVCy off.he: ptdDisea Would reveal.. BEING KNOWN AS: 108 VALLEY STREET, VERIFICATION ANN THORN hereby states that she is VICE PRESIDENTofW ASHINGTON MUTUAL BANK, F.A.. Mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Qk~ DATE: I !JJ1 ro"'- ,iJ':' .' ;:1 ,'/)\ '/ ~:J' -" ,\, .i-'J '- :_(f"V .-::t\; "-~{~: ,-;:l ,". \'\ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D 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: COLE TIMOTHY D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 24th, 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 60.60 .00 97.60 02/24/2004 FEDERMAN & PHELAN So answ~rEl';'~ . ... . .... .c---< ~/- R~~~7/ Sheriff of Cumberland County Sworn and subscribed to before me this ;(~ day of ~ ,200'1 A.D. q-{r~ () Irvlf,,~ A~, Prothonotary '7u J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D 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: COLE THERESA D A/K/A THERESA D DEBARR but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 24th, 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10,00 .00 .00 16.00 02/24/2004 FEDERMAN & PHELAN :~>>~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ;2..ArAl day of ~ ;l~o 'I A.D. cr.r' Qp~t1ff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COLE THERESA D A/K/A THERESA D DEBARR the DEFENDANT , at 1031:00 HOURS, on the 23rd day of February, 2004 at lOB VALLEY ROAD SUMMERDALE, PA 17093 by handing to THERESA COLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 10.35 .00 10.00 .00 26.35 ~K~#~ , . R, Thomas Kline me this .:' .~.A-- day of 02/24/2004 FEDERMAN & PHELAN ~~l., Deputy ~f Sworn and Subscribed to before /vr.h J..-. ;;lpo 'f A . D . (l'f1hf2. ~ Lk I P'rothonotary , ._r, In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Inc VS. Timothy D. Cole et al Timothy D. Cole SERVE: No. 04-103 civil Now, January 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. '~~~..f~-i> Sheriff of Cum her land County, PA Affidavit of Service Now, , 20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County; PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - REGULAR CASE NO: 2004-00023 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MORTGAGE ELECTRONIC REGISTRATI VS TIMOTHY D AND THERESA D COLE KENNETH W HALL Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-MORT FORECLS was served upon COLE TIMOTHY D the DEFENDANT , at 0015:05 Hour, on the 6th day of February, 2004 at FRANKLIN CO SHERIIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to TIMOTHY D COLE a true and attested copy of COMPLAINT-MORT FORECLS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ,00 .00 .00 .00 .00 .00 HAL J :1If?2- Sheriff Deputy 02/13/2004 FEDERMAN AND PHELAN Sworn and Subscribed to before me this Lqtl. day of &00 ' d d/t4 () dloo w...-rve3^--~/n. ~ Notary \ NolorioISeoI Ricltud D. _, NolMY NlIi< Ch..._gBor<>, F_ia CoualY My Commission Bxpim Jat. 29,.100'7 In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Inc VS. Timothy D. Cole et al SERVE: Theresa D. Cole aka Theresa D. Debarr No. 04-103 civil Now, January 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ ./h . ,#/ // --~. . _ _""', ,p' .<o'~.~ ~ ~..~~ <,j...&:-...:..."..,r-f> Sheriff of Cumberland County, PA Affidavit of Service Now, ~ F~BR.t-t;t.R.Y within CoHPLArNT ,200Y , at s: OS o'clock P M. served the upon r:t:M.or!i Y D. ,. COL-b at 15'7 '--r:NcC'I-i\.j vJA- '( l?45T CJI-~ P A, /7/J.D by handing to -rEM 071-/1( D. .,.- Cow a <1<uE 4-/.y1"7CS7TGf) copy of the originaI(nMP/..AINr and made known to ;l-rM the contents thereof. So answers, ~~t.'-/1 Pl/-(~ , o.;~'~~. Swo m '"""b"ribe~d e ore fe thi~ ~ day{ . /, 20 0 q. UlL:- .~jJ' )~// . ~s~ :'~..-I(J RichardD. ~. N~ Public OIl1DbenburS 8<<0. Franklin County My Commission Expires Ian. 29, 2007 FRANa:.lI County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ $ &.y).(rO SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-00023 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN MORTGAGE ELECTRONIC REGISTRATI VS TIMOTHY D AND THERESA D COLE ROBERT WOLLYUNG , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: COLE THERESA D AKA THERESA D DEBARR but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT-MORT FORECLS NOT SERVED , as to the within named DEFENDANT , COLE THERESA D AKA THERESA D D EBARR 112 MARCO CIRCLE APT 1 SHIPPENSBURG, PA 17257 PER TIMOTHY COLE DEF MOVED TO 108 VALLEY ST, SUMMERDALE PA Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 ,00 So answers: R~f~ FEDERMAN AND PHELAN 02/13/2004 Sworn and subscribed to before me chi" -4J!!iday of ~Aj' / :J;;o~A~I1i~ ~ ! Notary _oIS.., 1<;_ D. McCar1y, -. Public a..m_. Boro, FraoIdJn Coumy My CommissiOtl Expim.Tad. 29,2001 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SillTE 350 MCLEAN VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-103 CIVIL TIMOTHY D. COLE THERESA D. COLE AlK/A THERESA D. DEBARR Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against TIMOTHY D. COLE and THERESA D. COLE AlK/A THERESA D. DEBARR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1/9/04-3/9/04 TOTAL $95,258.50 $1,115.69 $96,374.19 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~()f\ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . /J DATE: fYI::M rL 9, ~ (b,:i~ .J k . ~~ PRO PROTHY ~ c;;r- FEDERMAN AND PHELAN, LLP 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 (? 1 'i) 'i6,-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INe. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY TIMOTHY D. COLE THERESA D. COLE AIKIA THERESA D. DEBARR Defendants : NO. 04-103 CIVIL TO: TIMOTHY D. COLE 108 VALLEY STREET SUMMERDALE, PA 17093 FILE CatV DATE OF NOTICE: FF.RRTTARY 27,2004 TIUS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIfIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIfIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONS1RUED 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 WITIf 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIfER 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. TIfIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . FEDERMAN AND PHELAN, LLP 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 (? I 'i) 'i/i1-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INe. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY TIMOTHY D. COLE THERESA D. COLE NKJA THERESA D. DEBARR Defendants : NO. 04-103 CIVIL TO: TIlERESA D. COLE AIKIA TIlERESA D. DEBARR 108 V ALLEY STREET SUMMERDALE, P A 17093 DATE OF NOTICE: FF.BRITARY 27, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 MAYBE 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 MAYBE 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 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDER.'v!AN AND PHELAN, LLP , FRANK FEDERMAN, ESQ., Id. No. 12248 :'A WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 ';) ';1i1-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INe. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CML DIVISION Vs. : CUMBERLAND COUNTY TIMOTIfY D. COLE THERESA D. COLE A/KiA THERESA D. DEBARR Defendants : NO. 04-103 CML TO: TIMOTIIY D. COLE 112 MARCO CmCLE, APT I SHIPPENSBURG, PAl 7257 DATE OF NOTICE: FERRTlARY 27. 2004 THIS FIRM IS A DEBT COLLECTOR A'ITEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'ITEMPT 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 A'ITEMPT 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 MAYBE 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 MAYBE 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COLE THERESA D A/K/A THERESA D DEBARR the DEFENDANT , at 0901:00 HOURS, on the 13th day of January , 2004 at 108 VALLEY STREET SUMMERDALE, PA 17093 by handing to ANDREW GRUBER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .0.0 16.00 ,.;' ""~:~:'~:'~~:,,,..," r ,./";':.~~.:.,,.,.. .,., ,- ..,?~::~ ..,J:~~d~-';"".."....~ R. Thomas Kline 01/14/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: .........., ~ ,/"'Y ~ ~ j~' -~ /-v Deputy Sheriff me this day of A.D. Prothonotary SH2RIFF'S RETURN - REGULAR CASE NO: 2004-00103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COLE THERESA D A/K/A THERESA D DEBARR the DEFENDANT , at 1031:00 HOURS, on the 23rd day of February, 2004 at.10B VALLEY ROAD SUMMERDALE, PA 17093 by handing to THERESA COLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 10.35 .00 10.00 .00 2"6.35 So Answers: -;.P:'''''''j/<~.,:."",: f~' ~ '.; ." R. Thomas Kline A.D. 02/24/2004 FEDERMAN & PHELAN EY:"~:/il +----;:>~I ~(1l Dt,2:t" ~.It /..1 \ Deputy er~ff I I Sworn and Subscribed to before day of me this Prothonotary En The Court of Common Pleas of Cumberland County, Pennsylvania SERVE: Mortgage Electronic Registration Systems Inc VS. Timothy D. Cole et al Timothy D. Cole No. 04-103 civil tJovv, January 29, 2004 , I, SHERIFF OF CUMBERLAND COllliTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .""". -< ~y ~ "'/' -....="""'~ /h" r '7~'::'"e:-$~ _/""'--~~.~-P Sheriff of Cumberland County, P A Affidavit of Service Novv, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So ansvvers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ 'j; SHERIFF'S RETURN - REGULAR CASE NO: 2004-00023 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MORTGAGE ELECTRONIC REGISTRATI VS TIMOTHY D AND THERESA D COLE KENNETH W HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-MORT FORECLS was served upon COLE TIMOTHY D the DEFENDANT , at 0015:05 Hour, on the 6th day of February 2004 at FRANKLIN CO SHERIIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to TIMOTHY D COLE a true and attested copy of COMPLAINT-MORT FORECLS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .00 KENNETH W HALL ~Y_. /./5?/;l//// B0 ~"'-L/Z:Z: ~,~ Deputy Shedff 02/13/2004 FEDERMAN AND PHELAN Sworn and Subscribed to before me this /Ji ti. day of rrl,&OO' .,/ ~./'/dA41, dOO;; A;p. KJ.( lU!Lfi./e-"---"-f>Jl?t0:-c-;, , Notary I r' U N_SeoI Richard D. McCatty. Hoary I'ublie Chambenburg Bora. Frmklin Couaty My Commission SJrqJimJaD. 29.200? 'In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Ine VS, Timothy D. Cole et al SERVE: Theresa D. Cole aka Theresa D. Deba= No, 04-103 civil ~ovv, January 29, 2004 , r, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize llJe Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,...., -? . /~. ~r/.p' //.// ~...... _~.~ .,,.4' ~."'....!~ . .. .....?~,. ",.:.,;!:f..t: ~'J--I ..~~....;::...~...r" --,,' ~ Sheriff of Cumberland County, PA Affidavit of Service Now, .;; /::-~ BR.IA,A K Y ,20('/ , at ,$' CS o'clock? M. served the within COMPLAiNT upon /:PY"((.7ii Y D CC'Li::" at '57 '-'-:r!\jcct.-i"i VolA- Y' E'A-~T C/f6c.,c.. PA, ! ]/;.D .l - by handing to _ r.TIYl (> j'J/ Y !) CC: t-t- a .,e-D '-.. . _'___ '___') 'l"u.oc ,- H, /,'-:;'/ k.L copy of the original::j';;v,pL,-MJ:NT and made known to /ifj.f'l the contents thereof. So answers, Cf.rr,~. t', PA '. C~~~~: s. 'worn an/l. . ~ SUbscri.be'U~fore methiS~day~ V:r ..,20 t'-l- ~ UL,L,. ~<-t,: ,.~. L:ty /. NOl.iaISca1 / J { Ridwd D. _, N<'fuy Pubh' . Chnbenburg Bora, Franklin County My Comnllssion Expires Jan 29. Z007 .. 1/ "4~'//1t.- ,~--,t~/' /i,C. )4(;.&;". /,].~~;~eriffOf . I FkANi:-TI/ County, P A COSTS SERVICE MILEAGE AFFIDA VrT $ $ L((, 6' () t7'J D -Is. #:- 7'\ :-0 tlC) - c ~ :t Lv ~ ~CX~FC ~ 0 f-J '?---.. Ii)' '" r- ~ A D~ I ,; ~ o t;-' _ c.,~ c:.:;) .....- ~ 57:: c) ., =? .....J fi1::!J I .-.... t.~: \.0 - ,.-1 !=J ~~!; .f:"'" ---- 9 ;};J, -., (....) FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No, 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-103 CIVIL TIMOTHY D. COLE THERESA D. COLE AJKIA THERESA D. DEBARR Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has 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 TIMOTHY D. COLE is over 18 years of age and resides at, 112 MARCO CIRCLE, APT. 1, SHIPPENSBURG, PA 17257. (c) that defendant THERESA D. COLE AlK!A THERESA D, DEBARR is over 18 years of age, and resides at, 108 VALLEY STREET, SUMMERDALE, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fi.~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -, ,,~ ('.:::J C. C::) -n -L- ~;:.". -v .-< ~~~ ~P'l t~;~; "":-.;=; "~ )' , I \.0 r=; G) ... Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center MAR-08-200408:20:06 .A Military Status Report . Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency COLE Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks ofthe Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. P( Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense that maintains the Defense EmoIlment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail tosscra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN tbey submitted is a match or non-match. https:llwww.dmdc.osd.miI/udpdri/owaJsscra.prc _Select 3/8/2004 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center MAR-08-200408:20:06 _ Military Status Report .. Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency COLE Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks ofthe Department of Defense Manpower Data Center, the above is the current status ofthe Defendant( s), per the Information provided, as to all branches of the Military. j{....d ( Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems, If you have information that makes you feel that the DMDC response is not correct, please send an e-mail tosscra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.miVudpdri/owalsscra.prc_Select 3/8/2004 PRAECIPE FOR WRIT OF EXECUTION. (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, No. 04-103 CIVIL v. TIMOTHY D. COLE THERESA D. COLE A/KJA THERESA D. DEBARR Defendant(s). 'TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,374.19 Interest from 3/10/04 to JUNE 9. 2004 (perdiem-$15.84) , $1,457,28 and Costs TOTAL $97,831.47 ~~~j 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. ~ In M I""'" g C' j,."'; ;~(:: .."-" 5~ ~:'7't 0...... 0_ t lU ~ ::r:: :;,~ I- ~ _T > U. ~ ".".' 0 = (,) <'.... ~;:::: o~ ~> "'"...;; ...;;.... ~oo ZZ OZ ~ll:J ~.: 0,... UZ ~:;;. 00 ,...U C:Z::~ S~ UQ2 "'""'" ==>ll ,...~ Z:;;. ....U ..... In N ..... ,... -( ~'" '~ ~:::; :;;.-( >llllo.. ", Z ' ",,"'" ~ ~~ $~ >ll Z i ","" "'" 0 ,..;'~ U ~ .... t~ ~ ,... uZ :;;. ........ -( U ~.~ -(", Z ' ",,'" ~~ ,,.. -d 0'" ...;;~ ~"" 0) c:z::~ "'" ::I ~~ t ,..."" 0"" ~ ~ U"" U== - ;:: <IJ "'"~ Ou ~~ ....,... 0) .,... .. 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CfRf AIN pnrcels, lots or pieces of grouud situar.e in !he T()WBShip of East Pennsboro, County of Cumherland, and S!aIe of Pcnnsylvaoia. more parlicUlarly bounded and described as follows, to wit: TRACT #1 BEGINNlNG at a puint 00 the Northern line 01 Valley Slrec:l; two iwIldred and twelllY"'lx (226) feet in 3 Westerly direction from the Northwest curner of Valley Streel and First Streel; thenre in a Northerly dittClion along the Welo1crn Iirn: of Lot No.6 Section "A", one lIundred and siXtY (160) feel 10 a point un a sixreen (16) foot alley; theuce in a Westerly directiOll along Ille So~lhan houruJary line of the said alley thirty (30) fecL to a point; theoce in a Soulhcm direction along the Eastern line of Lot No.8, Section" A" one hundred and sixty (160) feet to the Northern bounda7y line of Valley Street; theoce in lU1 Easterly direclioo along the Northern boundary line of VaDey StreeL. dlmy (13) feet III a point, the place of heginDing. BEING Lot No.7, Section' A", of !he Plan af SUmmerdale, said Plan being reeorck<l in tbe Off'"", nf the Recoraer of Deed~ in and for Cumberland County, Pennsylvania, in Plan Book I. Page 44. HA VINO THEREON ERIlCTED a IWO-'Ior)' fram<: dwelling hOUse, known and IlIIItIbered a~ 108 Valley Streel, formerly 1 Valley Stl'ecl. Summeldalc, PeDllsylvania, 11093. TRACT #2 REOfNNING at a point 011 the Noltll side of Valloy Streel atlhe Eastern line of lot No.7, thellC/l Northwardly along Lot No.7, one hundred and sixty (160) feel to a siXlcCJ1 (16) fOOl alley; lheoct: Eastwardly along the Southern line of ~aid alley. thirly(J(I) feet to the Westetlllinc of lot No.5 OIl !laid plan; then<:e SuutllW'al'd1y aJolI8 tile WC$lenl line of LoI No.5. one hundred and SixlY (160) feet 10 the SoUlllCrn line of Valley Street, thirty (30) feet lu a poinr, !be pl.ee of beginllinll. BEING Lot No.6, Section. A' in !be Pian of SlIIJlJUefdale, adjoinill8 Tract #1 as referenced above. on the East, formerly owned by Rex E. 8rC$IIe and Mimba L. Ilrell'lle. his wife. as rerorded in the office of the ReronJer of Deeds in and for !he CoulllY of Cumherland aDd S!aIe of Pennsylvania in Plan Book. I, Page 44. 1'I1l..E TO SAID PRRMISES IS VESTED IN Timothy D. Cole and Theresa A. Debarr, lIS joint lenal1t$ with roo right of survivorship by Deed from Dll/1icl W. Hersh and Janelle L. ReISh, his wife, dared 4fJ(l/1999 aDd recoll1ed 5/611Y99 in Record Book 199. Pale I. Tax Parcel #09.12,2995-047 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-103 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TIMOTHY D, COLE AND THERESA D. COLE A!K/A THERESA D. DEBARR (I) 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 attaclunent 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) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himiher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,374.19 L.L. $.50 Interest FFROM 3/10/04 TO 6/9/04 (PER DIEM - $15.84) - $1,457.28 AND COSTS Ally's Comm % Due Prothy $1,00 Atty Paid $302.99 Other Costs Plaintiff Paid Date: MARCH 9, 2004 (Seal) CURTIS R. LONG Prothonotary ~4-" ,P .'7l!46"''P- r Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURTOFCO~ONPLEAS Plaintiff, v. CIVIL DIVISION TIMOTHY D. COLE THERESA D. COLE A/K/A THERESA D. DEBARR NO. 04-103 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUJRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~-wrLJul'i.O~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "" c:::.> c.--::J ...- ~ ~J C) -n ::jJ Fil::!J , -'::J rTl "J7 C)C .~ ..J ~S :i.~ ,:..,..(-) . ',,.: ,. ,~ '...! \,D o (.0 <J' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TIMOTHY D. COLE THERESA D. COLE AlK/A THERESA D. DEBARR NO. 04-103 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 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, 108 VALLEY STREET, SUMMERDALE, PA 17093. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY D. COLE 112 MARCO CIRCLE, APT. 1 SHIPPENSBURG, P A 17257 THERESA D. COLE AlK/A THERESA D. DEBARR 108 VALLEY STREET SUMMERDALE, PA 17093 2. Name and address ofDefendant(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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 108 VALLEY STREET SUMMERDALE, PA 17093 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofI8 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. March 8. 2004 DATE ~ nJ'L~ ~ -d U_f'I'lJ1 rL- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff c) ( '" <7:':' :z~ ::.: ,;.;,. f.::'l -n -I ::r;" , llf~::: ;:39 Sc) .-.:1~;: (',:, f '-0 -~... C::..) "'J FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-103 CIVIL TIMOTHY D. COLE THERESA D. COLE AlK/A THERESA D. DEBARR Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against TIMOTHY D. COLE and THERESA D. COLE AIKIA THERESA D. DEBARR, 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 1/9/04-3/9/04 TOTAL $95,258.50 $1,115.69 $96,374.19 I hereby certify that (I) 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. ~DI\~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. l /) DATE: (rl;uui 9 ;).COy ~~ ~ k . ~L I PRO PROTHY ~ CT FEDER.'v1AN AND PHELAN, LLP 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 (? 1 <;) <;61-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INe. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY TIMOTHY D. COLE THERESA D. COLE AlKJA THERESA D. DEBARR Defendants : NO. 04-103 CIVIL TO: TIMOTHY D. COLE 108 VALLEY STREET SUMMERDALE, PA 17093 FILE CatY DATE OF NOTICE: FF:BRTJARY 27,2004 TIns FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 MAYBE 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 (71 'ij 'i1i~-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INe. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CML DIVISION Vs. : CUMBERLAND COUNTY TIMOTHY D. COLE THERESA D. COLE NKJA THERESA D. DEBARR Defendants : NO. 04-103 CNIL TO: TIIERESA D. COLE AlKJA THERESA D, DEBARR 108 VALLEY STREET SUMMERDALE, P A 17093 DATE OF NOTICE: Fli:RRlTARV 27.2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED 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 MAYBE 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 lNFORMA TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH lNFORMA TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2LlBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 :'AWRENCE T, PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 'i) 'i1i,-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INe. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CML DIVISION Vs. : CUMBERLAl'ID COUNTY TIMOTIIY D. COLE THERESA D. COLE AIKIA THERESA D. DEBARR Defendants : NO. 04-103 CIVIL TO: TIMOTHY D. COLE 112 MARCO CmCLE, APT I SIDPPENSBURG, P A 17257 DATE OF NOTICE: FFRRIIARY 27, 2004 THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIIAT 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 MAYBE 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 MAYBE 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE COLE THERESA D A/K/A THERESA D DEBARR was served upon the DEFENDANT , at 0901:00 HOURS, on the 13th day of January , 2004 at 108 VALLEY STREET SUMMERDALE, PA 17093 by handing to ANDREW GRUBER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .0.0 16.00 r'~<7: ,~~":: - " '" ..,.......... .........- . ~,....- .- F'/>? . ..J~~~::;:r;::;.~ R. Thomas Kline 01/14/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: ...----. ~. ./,"--yI "",'"" -y _c;.../~ JV Deputy Sheriff me this day of A.D. Prothonotary SH2RIFF'S RETURN - REGULAR CASE NO: 2004-00103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS COLE TIMOTHY D ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE COLE THERESA D A/K/A THERESA D DEBARR was served upon the DEFENDANT , at 1031:00 HOURS, on the 23rd day of February, 2004 atl0S VALLEY ROAD SUMMERDALE, PA 17093 THERESA COLE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 10.35 .00 10.00 .00 2"6.35 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: ;:,<:c-,.,,:,?<~:_!",;,:;~.<~c.' R. Thomas Kline 02/24/2004 FEDERMAN & PHELAN BY~~6v(t-p). ~1 [~ \ Deputy Wer~ff I I .In The Court of Common Pleas of Cumberland County, Pennsylvania SERVE : Mortgage Electronic Registration Systems Inc vs. T:imothy D. Cole et al Timothy D. Cole No. 04-103 civil Now, January 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~,...." A c7 //,/;:-. ~ .,.~ ..'.,;". ...-.:;;.o;~~~:'4< ,~4' /~"'I-""'."!'R t' ~i' ~"""- Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ 't SHERIFF'S RETURN - REGULAR CASE NO: 2004-00023 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MORTGAGE ELECTRONIC REGISTRATI VS TIMOTHY D AND THERESA D COLE KENNETH W HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-MORT FORECLS COLE TIMOTHY D DEFENDANT was served upon the , at 0015:05 Hour, on the 6th day of February 2004 at FRANKLIN CO SHERIIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERS BURG , PA 17201 by handing to TIMOTHY D COLE a true and attested copy of COMPLAINT-MORT FORECLS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 ,00 .00 Sworn and Subscribed to before me this Lq -ri. day of ;-';-1.&00 ' ,/ ~.d~Af/Jc10(){ ~?D, \.:I,e (!.iLfi./tE-~ j~11C!!t'-r..f-"ry, Notary r, ~ :) So Answers: KENNETH W HALL _ /J/ ~ h-;~ /Z/ //> BY' . /.."~ ~'/Z:i: ~.~ /Deputy Sheriff 02/13/2004 FEDERMAN AND PHELAN NouriaI SeoI Richard D. McCarty, Nowy Public Chambersburg Boro.Fl'IDklift Couty My Commission Expires JaD. 29.2001 In The Court of Common Pleas of Cumberland County, Pennsylvan.ia Mortgage Electronic Registration Systems Inc \IS. Timothy D. Cole et al SERVE: Theresa D. Cole aka Theresa D. Debarr No. 04-103 civil Now, January 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize tl-je Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~I~~ /~, ~~~...._~;~. ..,(;!";~.~~': r ,,';;'-.z;;;-:'.. -.::-~..t: //.p~"...~-;"'::"'''r~~ Sheriff of Cumberland County, PA Affidavit of Service Now, . (,: I=-~ BK./A,/+ K Y ,20('1 , at ,;" C'S o'clock? M. served the within COM PLAi-NT ~ upon T'IJ"lCI/+ Y D CCL.-L at '5'7 '-':rI\.jCCt.-i'-i WJ... Y' E.4sT c/f6c",: P A. !7/;. D J ..- by handing to r-T/vl (1"/7/ Y 0. 0: t...l:" a rvUcc "~ /tT7F57 ti:f) copy of the original ':'(JiYI PL,AJ:H r and made known to ;-ij-""I the contents thereof. So answers, C~.t'. Pn-'. C~~ ~~" S, worn anA :J.ubscribe~, , efore me this ~ day~ r,. .' ,20 C L(. ,~UCLL ~"-fJ: "~, ~~Lx/ /" NotaIlalSeaI / U I, Richard D. McCarty, N~ Public l Cbmabersburg 8oro, Franklin County My Commission Expires Jan 29, 2007 ";", "0~P- , -", - '/ /!}'~l.. _~neriff of I, FJ(ANiIl-! County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ $ {({I &- {; (:- I'J D 4g. ~ ft:- ~ :-0 _ " C) ~ '- ~ .t. /If ex ~ D S'r-v A i~ Lv D ~~ ~i;:J D~ '-...( o ,......" <:..:.;;;, C:;:) c) -4- '1 ;:: ~\.. :? _:J nl .JJ I ..,..... t~: t..O ;__)0 -- ,~,~ \.; '_ .;:11 W ---I --c. -- FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-103 CIVIL TIMOTHY D. COLE THERESA D. COLE AfKJA THERESA D. DEBARR Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe 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 TIMOTHY D. COLE is over 18 years of age and resides at, 112 MARCO CIRCLE, APT. 1, SHIPPENSBURG, PA 17257. (c) that defendant THERESA D. COLE AlKJA THERESA D. DEBARR is over 18 years of age, and resides at, 1 08 VALLEY STREET, SUMMERDALE, P A 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~J'f'U'} r( / FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (~:::J c) ...." ~ (:.:::;) .L- - -...... ~; C. -n ~-,I ". [,;i;1J -nP, ~~~; -"- -f", ..,., i~~ I CD Request for Military Status Page I of I Department of Defense Manpower Data Center MAR-08-200408:20:06 _ Military Status Report . Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency COLE Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks ofthe Department of Defense Manpower Data Center, the above is the current status ofthe Defendant( s), per the Information provided, as to all branches of the Military. P( Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail tosscra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 3/8/2004 Request for Military Status Page I of I Department of Defense Manpower Data Center MAR-08-200408:20:06 _ Military Status Report .. Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency COLE Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches ofthe Military. P( Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. Uyou have information that makes you feel that the DMDC response is not correct, please send an e-mail tosscra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.miJ/udpdri/owalsscra.prc_Select 3/8/2004 \~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 04-103 CIVIL TIMOTHY D. COLE THERESA D. COLE A/KJA THERESA D. DEBARR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,374.19 Interest from 3/10/04 to JUNE 9, 2004 (per diem -$15.84) $1,457.28 and Costs TOTAL $97,831.47 ~~~-) FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 JohnF. Kennedy BouJevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of properly. No. ...< 0.... OO~ <:> \oil"'" ""'>- lloOO z~ o \oil ~llo ~;.: 0... 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J: ~ ^ LL THOSE CERTAIN parcels, lots or pieces of ground situate in the T<)W1IShip of East l'ennsboro, Coon!)' of Cumherland, and State of Pennsylvania. more particularly bounded and described as follows, to wit: TRACT #1 BEGINNING at a point 00 the Northem line of Valley Street; two lumdred and twenty-six (226) fee( in a Westerly direction from the Northwest comer of Valley Street and First Street; thence in a Nordl(,dy direction along the We>1ern line of Lot No. 6 Section "A', one hundred and six!)' (160) feet to a point un a sixteen (16) foot alley; thence in a Westerly direction along 1I1e Southern boundary line of the said alley thirty (30) fcel to a point; thence in a Soulhetll direc:lllln aloog the Eastern line of Lot No.8, Section 'A', one hundred and six!)' (160) feet w the Northern bounda1y liI1c of Valley Street; theocc in anlJasterly direclloo along the Nortbem boundary line of VoUey Street, thitty (13) feel to a point, the place of hegillDing. BEING Lot No.7, Section' A", of the Plan uf Swnmen1ale, said Plan being recorded in tbe Offi<:e of the RCCUI'lIer of Deeds in and for Cumberland County, Pennsylvania, in P\lln Book I, Page 44. HAVING THEREON ERECTED a lWo-slury frame dwelling hoose, kno\\n and numbered as 108 Valley Street, formerly 7 Valley Slleet, Summerdale. Pennsylvania, 17093. TRACT 112 BEGINNING at a point un the North side of Valley Street at the I2stem line or lot No.7, Iheoee Northwanlly along Lot No.7, one hundred and sixty (160) foellO a sixteen (16) fOOL alley; IheIlCe Eastwardly along the Soolhern line of ~aid alley, lllirty(3O) feel to the WCSlet1l line of lor No. 5 011 Raid plan; then<.:;: Southwardly along the Western line !If Lot No.5, one hundred and sixty (160) feel to the Southern line of Valley Stree(, lhirty (30) fcetlo a point, the place of beginning. BEING Lot No.6, Section' A' in lbe Plan of SummerdaJe, adjoining Tract #1 as referenced above, on the East, formerly owned by Rex E, 8rcstle aoo Manba L. 8rcMle, his wife, as recorded in the office of lI1e Recorder of Deeds in and for the Coullly of Cumherlaod and State of PcnnsvlvllDia in Plan Book I, Page 44. . TI11..ll TO SAID PRf'.MISES IS VF~~TED IN Timothy D. Cole and There.a A. Debarr, as joint lenaIIIS with lhe right of RUrvivorsbip by Deed from Daniel W. Hersh amI Janelle L. Hersh, hi~ wife, dated 4(3011999 and recorded 5/6/1999 in Record Book. 199. Page 1. Tax Pareel #09-12-2995-047 =\~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-103 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plainliff (s) From TIMOTHY D. COLE AND THERESA D. COLE AlK/A THERESA D. DEBARR (I) You are directed to levy upon the property ofthe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,374.19 L.L. $.50 Interest FFROM 3/10/04 TO 6/9/04 (PER DIEM - $15.84) - $1,457,28 AND COSTS Ally's Comm % Due Prothy $1.00 Atty Paid $302.99 Other Costs Plaintiff Paid Date: MARCH 9, 2004 CURTIS R, LONG (Seal) Prothonotary ~~" -P ,'7l!/lfl.,"', / Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 1~ FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF.KENNEDYBLVD., SillTE 1400 PHILADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION TIMOTHY D. COLE THERESA D. COLE A1K1A THERESA D. DEBARR NO. 04-103 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. ~- kdurN..Q~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ' i ~ \..-.", C) ~. .. ....., C';"'--:J. "'-0 .,,- ::!: ;:-'" :=''J 1 \.0 c' -j -n ,-J nl'1J -~J~ ~,:.JO "'.1 :~W ~~~i c3 (,) <.1' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Plaintiff, CUMBERLAND COUNTY No. 04-103 CIVIL v. TIMOTHY D. COLE THERESA D. COLE AlK/A THERESA D. DEBARR Defendant(s). March 8, 2004 TO: TIMOTHY D. COLE 112 MARCO CIRCLE, APT. 1 SHIPPENSBURG, P A 17257 THERESA D. COLE AlKJA THERESA D. DEBARR lOB VALLEY STREET SUMMERDALE, P A 17093 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT 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 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at. lOB VALLEY STREET. SUMMERDALE. PA 17093, 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, P A 17013, to enforce the court judgment of $96.374.19 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSe CERTAIN parcels, lots or pieces of ground silualC hllbc Township of ElL" Pennshoro. CounlY of Cumberland, and Slllle of Pennsylvaoia. more pllI'tjcularJy bounded and described as follows, 10 wit: TRACT #1 BEGINNJNG at a point 00 lbc NortJu:m line of Valley Street; IWO hundred and twCJlty-six (226) feel in a Westerly direction from the Northwest comer of Valley Street and First Slreel; thence in a Norlherly direction along the Wa.1ern line of Lot No.6 Section "A". one hundred aod sil(l)' (160) feet to a poinl on II sixlelm (/6) rOO( alley; thence io a Westerly direction sloug tbe SIlu/hem boundary line of lbc said alley thiny (30) feci to a point; thence in a SOOthem directioo along /be Eastern line Of loI NO.8, Section "A", one hundred and sixty (160) feet 10 the Northern boundary line of Valley SlRct; thellCC in IU1 Basterly di:recliOll alOllg lbc NortlJem boundary line of VaDey St=l, thirty (13) feel ro a poim, the place of hegilllring. BEING Lot No.7, Section" A". Of the Plao uf Summerdale, said Piau being mordl:<l in the Office of the Rewrder of Deed~ in and for Cumberland County. Pellll<ylvania, in Plan Book I. Page 44. HAVING THEREON ERECTED a IWo-5tory I'r:lme dwelling house, known and numbered a.~ 108 Valley Street. formerly 7 Valley Street. Swomerdale. Pennsylvania, 17093. TRACT #2 BEGINNING at a point 011 the Notth side of Valley SIl'eel at the Eastern line or LoI No.7, thence Northwardl)' atOllg I.()t No.7, one hundred ~l1ld sixty (160) feellD a sixteen (16) fOOl alley; theDce Eastwardly along the Soolnem line of said alley, Ihicty(30) feet to the Wesw-rn line of lot No. 5 011 !<aid plan; thence SouthWllrdJy along !he Weslem line of Lot No.5, one hundred and sixlY (160) feet 10 the SoUlllern Iioe of Valley Street, lhirty (30) feet tu a point, the place of beginnill', BEING loI No.6, Section' A' in me Plan of Summerdale, adjoining Tract II as referenced above, 011 the Ellse, formerly owned by Rex E. BrC$tle and Mat1ha L. Bretltle, hill wife, as recorded in Ihe office of tile Rec;order of Di:eds in and for the Cooney of Cum\lerlaod and Slllle Of Pcnru;ylvania in Phtn Book I, Page 44. TITLE T? SAID. PRF.MI~~ IS V!,-~TED IN Timothy D, Cole and Theresa A. Debarr, as joint ledanCS WIth che rlghl of !lUJ'Vlvorsbljl by Deed from ()aniel W. Hersh and JaneIJe L. Hersh hi$ wife, dated 4/30/1999 and re<:()nled 5/6/1999 in Re<:ord Book 199, Page 1. ' Tax Parcel #09-12-2995-047 (] .-." c.";'".) ~:.:") ~ :'~ ;:;.<>0 ~ I '.0 ;;:-" ~~) -/ G:> C, o -'1 ~J f.:i 11 , ,-~ -':.1171 I;l~y :=-~~;? ~:?f::~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ) CIVIL ACTION ) vs. ) TIMOTHY D. COLE ) THERESA D. COLE NKJA THERESA D. DEBARR CIVIL DIVISION NO. 04-103 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss: r, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. hereby verify that on March 9, 2004 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April!. 2004 1M 17 f 1e(jQ;( nl()jl) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . ."., t'" ~. ~ - - - - ::; '00 00 -.J '" '" ... "" N - 5' . z '" ... "" N - " C" . = ncr ~o )> ,," ~ 8, ;:l. w ii' ~ Ii" z " 3 C" CD ., "., >-0 >-0 n 0 z o 0 - ~ ~ ~ a::: m 0 0 ~. z z a::: a::: ~E 0 >- a::: m 2- . = ~ Z > -.~ ~ ~ ~ .", ::! ~ o " ~ . . 0 n -.~ 0 0'" I:l ffi :::Iii" n m f;; g a n n >- ~ 0 ,... t'" ~ t'" ::a ::; >- r m >- :I: >-0 . Z (5 = .>-0 0 ~ ." Z ." - '" rJl ~ 0 0 00 m 0 <: ~ ." ~ "'." )> n > ~ ; rJl c: t'" <: ~ oil t'" a::: .. 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Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 john.larson@fedphe.com April I, 2004 Office ofthe Prothonotary CUMBERLAND County Courthouse RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. v. TIMOTHY D. COLE AND THERESA D. COLE AlK/A THERESA D. DEBARR CUMBERLAND COUNTY, NO. 04-103 CIVIL Dear Sir/Madam Enclosed are the original Affidavits of Service for the above captioned marter. Kindly file the attached affidavits. I have forwarded copies ofthe same to the Sheriffs office. Thank you for your cooperation. CC: Sheriffs Office of CUMBERLAND County . AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PJT No. 04-103 CIVIL DEFENDANT(S) TIMOTHY D. COLE ACCT. #18346188 SERVE TIMOTHY D. COLE AT 112 MARCO CIRCLE, APT. I SIDPPENSBURG, P A 17257 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 SERVED Served and made known to 7l......""fL.y of). G t ~ at/O:/O ,o'clockP.m,at/l;;l.. M..~to a<(t.~\~, -r / ,Defendant, on the (7 ofL. day of ~'fC..L1.. ,200!:/- A~ L '3'--;ff(~~l.."~ ,Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. n g ~ Adult family member with whom Defendant(s) reside(s). Relationship is c; ",- --< Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.~:; ;;, Hip Manager/Clerk of place oflodging in which Defendant( s) reside( s). I :g 8 Agent or person in charge of Defendant(s)'s office or usual place of business. OJ) , U1' ) , Other: an officer of said Defendant(s)'s company. :'?: ~n~ I II rb. . f-J"~~s~, '2,fTl Description: Age ,30 Heightil Weight l.!t.f? Race tN I.. Sex A Other /-ao.,.. -i~h~~ >n -' -<~ I, C b-v~ 'tV, ~ l.., G... ~ ;r ", a competent adult, being duly sworn according to law, depose and state that i pers:aUy handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issue . . ed case on the date a d at the address indicated above. S worn to and subscri~ed befo me this J.f1!:. day of lMl.L. ,2001f Notary: ~By:~/~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. N01MIAL8EAL un." H. CARTY,:PubIo Wa.~rJ~Nov.1= NOT SERVED On the day of ,200_, at 0' clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: S worn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No, 12248 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No. 04-103 CIVIL DEFENDANT(S) TIMOTHY D. COLE THERESA D, COLE A/K/A THERESA D. DEBARR ACCT. #18346188 Type of Action - Notice of Sheriff's Sale SERVE THERESA D. COLE A/K/A THERESA D. DEBARR AT 108 VALLEY STREET SUMMERDALE, P A 17093 Sale Date: JUNE 9, 2004 Served and made known to Theresa D. Cole SERVED , Defendant, on the 17t-h day of March ,200_4at 5:02 ,o'clockE....m., at 108 Vally street, Summerdale, PA 17093 , Commonwealth ofPermsylvania, in the manner described below: x Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant( s) reside( s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. -,...,-..... Other: Description: Age 30 's ~" Height 5'9" Weight 15lL Race ~ Sex ~ Other ~':~. ~~ I, Chad L. Spotts , a competent adult, being duly sworn according to law, depose and state~n :: personally handed a true and correct co of the Notice of Sheriff's Sale in the manner as set forth herein, issued ~the 7." ~ captioned case on the date a at the addqlllll.iRo1i~",d above. . =< ,t:'" Sworn to and s~7(M,ed Wendy M. Livingston, Notary Pubhc b 1'.. Susquehanna Twp.. Dauphin County CLore me thIS day My Commission Expires Oct.,2 of lYlM./-A ,~. ~ ' Notary: ..I"f~~~:' r PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.tn, Defendant NOT FOUND because: Moved Unknown No Answer Vacant I sl Attempt: 2nd Attempt: / / Time: / / Time: 3rd Attempt: / / Time: S worn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - LD. No. 12248 (") ~~c~ c' PIT ...., = => .r- ".. -0 ::::>:J I c.n o -n :r:n rn;=-, \:11<1 66 -1_,(; :t: -f1 0- -70 >-;1,1 ~~ <"~, :< 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 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-l03-CIVIL PRAECIPE FOR ROLE TO SHOW C~USE TO THE PROTHONOTARY: Kindly enter a Rule upon Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. FEDE '- ~ - By: Dani 1 G. Schmieg, Esquire Attorney for Plaintiff 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 ATTO~~EY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D, Debarr CIVIL DIVISION NO, 04-103-CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's petition for Reassessment of Damages have been sent to the individuals indicated below on April 22, 2004, Timothy D. Cole 112 Marco Circle, APT. 1 Shippensburg, PA 17257 Theresa D. Cole A/K/A Theresa D. Debarr 108 Valley Street, Summerdale, PA 17093 DATE: April 22, 2004 By: '~ iel chmieg, Esquire torney for Plaintiff 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 ATTOffi~EY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D, Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL PLAINTIFF'S PETITION FOR REASSESSME~r OF DAMAGES Plaintiff, by its Attorney, Daniel G, Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on January 9, 2004. 2, Judgment was entered against Defendant(s) on March 9, 2004 in the amount of 96,374.19. 3, The mortgaged premises are listed for Sheriff's Sale on June 9, 2004. 4. Additional sums have been incurred or expended on Defendant(s) I behalf since the Complaint was filed and Defendant (s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount August 1, 2003 through June 9, 2004 Per Diem $18.28 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 90,505.73 6,129.01 205.14 1,250.00 1,437.00 0.00 53.75 14 7.12 0.00 (0.00) 0.00 0.00 784.78 TOTAL $100,512.53 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1539), Page (#1145), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. e1 G. Schmieg, Esquire rney for Plaintiff -2- 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 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subj ect premises.. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMBNT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, lithe Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation... 11 In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037 (a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good" 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee ".. . could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage, agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went tel sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it 1N'ould not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant (s) as it imputes no personal liabili ty. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage chano,es and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff I s Motion for Reassessment: of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgrnent amount. May Term, 1986, No. 2359 (CCP PHlLA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to By: Reassess Damages. reassess the damages as set .L.P. \. iel G. Schmieg, Esquir~ torney for Plaintiff I I o' , I , , , ~ Z3 , I re , Iltati , I ,. .;'\:-.......-:.l ~ L:: :-.:.. ~ -. -. .~:t~ ~ -"-' /:;"';;3;1-5 ' -FinaaAL -~A~IO~~. ASSOC!!\.:'!ON . ,,-- ~,-.. . ~1C3.~~l~G':: CCU!'~7 'O=- ..CO~_~ON- .PL.E1\S ~!1':;:L~~~.!!!.2tl;:l\ CO!Jrrt"'! C!.v~ Tft!~ OIVIsrON V:S'. . . 'JOSZ?:RJE$"I: EisQtl dna., ~- -~ds:!~; -J2;".FZ:lSOfr, -ci'l"s t.;_~fe. , fA.JtY '!.=:R.~_~..- t9_0-:C i'i'. NO__ 2159 4.....'.! O~~;:OJ: um O!.'J:!'l'IClU .. - - - ~:!i:;r~.( _il'~ AND lfCX~ ,t-'tis -, l' day ot . . upon-co~ideti~i~n 0= ?l~~n~if~~ :ecc=al National ~c=~aqe MS-OCla,;.ioR.'.S Pe-tition f:lr, Eleconsi.d.e!:atic)n Nunc?rc T'..1.l1C ci t~i~: _Court.'s: OrQ6~ 0= ~ovembe.;- 7, L-9,aS a.:1C. ~~e Ans~e= t.hc.rG~q .. . oiDef'e-n~'J'1tf.s~ J'osciph ..1.efte=son and 3.'csi~~ ':e.:f-fe=-S'q~~ it -is hereby aRDSEn a:>d m,:c;.""n as.' fo!!ow'it, I 1) Sai.d !.'.;:~on is GRAN'!:::O: 0......., . I J.'1<'>:. ,r.. .. 2~'''i:.~'SA'''-a:!rt:'s O~ of tlo'lteroe:::- 1, 19a5 t~. . ~,- ~ 4 c~;. ~ ...:..... :t.::;~E.D and _ laintifftf ~ ~~O~io~=or ReaS"sess~cnt4""of Oa-mac;cs .("....... 40~..~~ . '. ., 1..':\- . ~\ ~ . -.l -..,.' . ~\\.\,.. ~. ~'\.'- J) ::'u'~~;t is h.-,rclJy l.nc::ca:i.:-d ::0 S6,IH.H. GiU.NTED; '- 'BecaU3C '~_l;li.il~i=E wes r~u.icec to ac:::cp-t cut"!;'Cn.t IllClrt9~ge '94yme:rl:s uport the (q.!.ng of .oefe~dan~' b~nk::uptc:y 'peUdoo'an<i'in factd.ic! so, it ~sriecessa.y::o rcass(~ss die ~it-t .~:€ d.wg_~s. tha.~ inlt,ial!y \le::~ c:.ssesscd ~ft;c.r. jud<tJacnt,hydefa.uIt ",as entered L, this action. Beca:.;s<! I . .1 '- ! tkfeneants have not =c~uted c."'e speci,f i<: a::tcunts cIa illled - 1 - , : :: i-s " .:4 .. I , ; :-; t '- j". I , / . \ ""\ <by ?"1a.int!.1!f.--irt .t...~e- :tr:3t;an.t;. !1.cit...ion fot lte.a:ss~ess_,Q:tC::-t... thLs . , ' aoti;-tfit1e4 that p..!':~9'-n,tih.ive adt!lLc.::.,.'"dp,<><;:e ~....urtcS.. 'i'Q=,,~nt, to l'a~1l.c>!'. l01'}(cl. '- '{l -v ~- '!."S'~ COGi~~: . " '" ',I" ' ", '" · AJ/;i 2::Z:::::::: -~~-j(~_.-"'-.:.'. ''tHOI'iAS A.wtUTIr:,J;, ; I , I I , .. ". . . .;:. --", , -, . ,-- ". :. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he i" the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Rease:essment of Damages are true and correct to the best of his knowledge I 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: April 22, 2004 By: _____e.. Da . 1 G. Schmieg, Esquire Att rney for Plaintiff 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 l- APR 2 8 2004l\) Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL Rm.! AND NOW, this .301<1 day of ~ 2004, a Rule is entered upon Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. L RULE RETURNABLE ~YJ (c#J) dtup 1f./t-~<J77 d~ i ~ BY TBE COURT: L J. fi ~ t R ~~[ · ~f (:> . ~~ '< VlNIIA1J..SNf.!3d AlNnoo Ot'Jli7i:Bg~ 8Z :/lUV e- AVIHOOZ AW10NOH.J.OIJd 3H.J. dO 301:!:IO-Q37/;J 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 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs, Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL CERTIFICATION OF SERVICE I, Daniel G, Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 1, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr 108 Valley Street, Summerdale, PA 17093 By: r- iel G. Schmie?~~re Attorney for Pla~ L.L.P Date, May 7, 2004 o c ;~ ""(.1,"" ;; ;:';~ </: ~, ~~C~; ;.-"~ ~ ;~:: ~." )...--.>--:; 2: ___t -< ....., = = .c- :x :to" -< o ." :i! fn.:!J r- -om ~6 :;J -'~i r-)--n ~. " 6m ::--""1 ? :D -c.:: " :.'" 1'3 o CO 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 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL MOTION TO MAKE RULE ABSOLU'J~E 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: 1. That it is the Plaintiff in this action. 2. A petition for Reassessment of Damages ",as filed with the Court on April 26, 2004 and Rule was entered upon Defendant(s) Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr on April 30, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is 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 June 1, 2004. WHEREFORE, petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. By: ~. .Lre VERIFICATION Daniel G. Schmieg f 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 subj ect to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE, June 1, 2004 By:FW;:;Z~~"~~ fj me . Schmieg, E~;<<' Attorney for Plain~ APR 2 8 20041)) 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 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL RULE AND NOW, this 3tJ e day of ~ 2004, a Rule is entered upon Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE ~ (:2.0) d"j ~ d~ 0/ ~ . BY THE COURT: /51 -1~~./ a. /J~ I / J. THUE COPY FROM I!!t~^- ., In T.ltImony Whetc no;;vvRu and till seal of eat, , here trnlo set my hall(l Th1a...3;t sald Court at CarUsMt, Pa. . - ( 'I' c;ay () rL~~~ft ~ 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) 553-7000 FEDE~N .I\ND_PHElAf)I ATTORNEVRLE COPY PUASERETURN ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Timothy Theresa Theresa vs. D. Cole D. Cole A/K/A D. Debarr CIVIL DIVISION CERTIFICATION OF SERVICE NO. 04-103-CIVIL fED~MAN AND PHElAN ATTORNEY FllE COPY Pl.EASE RETURN I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule 1, 2004 and a copy of Plaintiff's petition for ...., Reassessment of Damages have been sent to the individuals indicated ~lo1i5 on~ s: :;: -I -0 c::.! :-- :r:: rn f"r: _~IO- rl1:n ~'C. -< hi ~~t~ :8cp S~~: On r~CJ ~.::rf ~ _', -0 6:D :;..::~-: :;:J:: 20 >2: r::> ~m Z c::> 15 ::;! 0:> '< Returnable Date of June May 7, 2004. Timothy D. Cole Theresa D. Cole A/KIA TheresaD. Debarr 108 Valley Street, Summerdale, PA 17093 . ~~ L.L.P By: ~~ ..- iel G. SChmie~L::~w?e Attorney for Pla~ Date: May 7, 2004 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 PLAINTIFWN 072004 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL mY!!R AND NOW, this II .- day of <f- , 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, 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 August 1, 2003 through June 9, 2004 Per Diem $18.28 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 90,505.73 6,129.01 205.14 1,250.00 1,437.00 0.00 53.75 147.12 0.00 (0.00) 0.00 0.00 784.78 TOTAL $100,512.53 Plus interest per diem from June 9, 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. ;'./lL J. ~ fi t"t '{)' ~ r '\ ~4' ~ LO/',5, I ~ J. [.Y> ~ an'b I ~ ')<leI-- V[NVI\l'\SN[~~rl )J '\I..~\r_". "', i,', :,,"".'(.......IJ .i E :( ;'. "~' 1 ~~: f I;; I 20 :S I,id 'I Nnr ~OOl ,.. ''','!('' 'lO"ri :JHl -'C' /\t;~'l'.~;;"\...Jn W,,-::J ::;.. ]8U;IO-0311~ 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 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL 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: 1. That it is the Plaintiff in this action. 2. A petition for Reassessment of Damages was filed with the Court on April 26, 2004 and Rule was entered upon Defendant(s) Timothy D. Cole Theresa D, Cole A/K/A Theresa D. Debarr on April 30, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is 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 Procedurej and a Certification of service is attached hereto B. 4. Defendant (s) failed to respond or otherwise plead to the Rule Returnable date of June 1, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. By: ie . Schmieg, re Attorney for P1ai 'f 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: June 1, 2004 ~EDE~r ~,., L.L.P. By:/ ~- n~e . sChmieg,~~ Attorney for P1ain~-- Exhibit A . APR 2 8 2004 TD 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 Mortgage Electronic Registration Systems, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL BJl.!& AND NOW, this 30 e day of 0,;.; 2004, a Rule is entered upon Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE ~ (;U) ct./" ~ cJ....:;t.v 0/ ~ . BY THE COURT: / 5) -1ri~/ a. /k-a J. In fRUE COPY FROM AECoAO and ~ ~eot, I hereunto set Illy halld - '" said Court at CirllsNI This 311laY Ol 1V1. . ',;; r>;; . (. 'J<" o. 'lv.,-pl.~~ y "( '\ Protho 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 fEDErtiVlAN ANDPHELAf1I ATTORNEYfUCOP)' PUASERETURN ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, INC. CUMBERLAND CO~Y COURT OF COMMON PLEAS vs. Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr CIVIL DIVISION NO. 04-103-CIVIL fEDE6MAN ANn PHElAN CERTIFICATION OF SERVJ:CE ATTOR~jlE\f FilE COPY Pl.EASE RETURN I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Timothy D. Cole Theresa D. Cole A/K/A Theresa D. Debarr 108 Valley Street, Summerda1e, PA 17093 1, 2004 and a copy of Plaintiff's Petition for ..... Reassessment of Damages have been sent to the individuals indicated ~lO~ on~ g, - -I -aD:::; ~ ::I: nIl""!"" :P" f11:!l '-7~-~' -< t:' z{;' 35m (f)c 09 2,c; :;:t~ ;s: - -u --::d c;c. :;J: 00 :::~c, Z:C)f'n pC' r.y Z ~ ~ ~ ~ Returnable Date of ~une May 7, 2004. FEDE~ ~.~~ L.L.P By: "'~ .~~"'- ...- [[%;';1 G, Schmie,? yMq1.l. e Attorney for P1a}nti Date: May 7, 2004 ~~ '" ~.~ () -i1 .~ -1- rr~ ., -- , CI () ~: -2 ....., CJ '--' ,L- L c: .-4.: o "1' -f T nl 'JJ j- -or"n :Ci(? ~~?:O ~5~{ ..;.;-~, .'1S "< I ....- "'\.J --',~. (,) CJ .. . CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, No. 04-103 CIVIL v. TIMOTHY D. COLE THERESA D. COLE, A1KJA THERESA D. DEBARR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $97,831.47 Interest from to JUNE 8, 2005 (per diem -$16,08) $4,373,76 and Costs TOTAL $102,205,23 ) .. L:: :e---e DANIEL G. SCHMIEG, ES IRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .., ~ (')- cz "ll ~ ~a: ~.., ;J;- s rfJ, t"J~ 0- > ~t"l 0- !=' S30 8 (') rfJ,:;c ;J;-O on - t"l.., ;': ,-.,"ll ..,.., zc ~ a:t"J 0_ ~~ ~~ 5rfJ,.... rfJ,>.... <:) "'i t'"a: ..,;J;- (')0 "'cO tx:"llC ~~ 1"l0 -~ g"'i '" a: QO ->a: ~~ 0t"J '0 < "ll:;c '" ~ Zt"J ~ -<l Zt"l .f:la:> ~..,;; "'i~ >-< '!' rfJ,t'" "'0 ~t"Jt'" -<t"J ~a: on~t'" Za:t"l ~ .., ..,!=' ~t"l S t"J rfJ,t"J0 ~ 0 tx:t"l "lla: ~Z t"J'" ~;J;--< c..,(') o"'i t"J0 a:~ t"J0 gt'"rfJ, ~....~ '" t"J ~~ Zz t"J.., E; ><: '/lZ Z"ll ~-;,,~ . (') ~t"J rfJ, -- rfJ,t'" "ll t'" > Zt"l -<t"J ~>t"J > t"J t"l !=' ~ t'"> "'......, .... ~ <rfJ, o-~ ~ ~ >0 '0 0 - '>C '>C i t"J ~"'i \H \H ~ ;J;- ~ ~ ~ ~\ -- ~ .J::: - 0 D ~ ?0 ...... ~-N.. - "\:) 6" 9.J ..0 CI( ...0 ~ ....~~ - -I:;:{;:; , 8 0 , ~O~ 0 \> If 2 0 () "') ..... ~S -- --l:: C' C' c- o 0 VjQc- C C ~ ~ i> f I I I I '0 ~ ~[P- -c:: ~ -..l - . - " :::: :;- t' - ~ ^ ~ " ^ ~ ~ :b - - ~V+- - .... " ^ - (J - .... "- . ..... - .... .... . -f- 0 r :? ~ W ~ '. LEGAL DESCRIPTION . ~ ALL THOSE CERTAIN parcels, l()t~ Qr pieces (If ground situule in the Township uf Ea.~t Pen1l$horu, COUlllY of Cumherland, and State of PCl1l\syh'ao:a. more parricularly bounded ul1d de,erihexj as fo\llJw~, (I) wit: TRAn #1 BEGINNING al a point on Ih<, Nortbern line of Vallty Street; two hundred and twelll)"~ix (226) feet in a Weslerly dircedon from the Nonhw.,t corner of Valley Sm;ct and FirS! Street; (l1~nct ill a Nofthcrlv (!lrcctiCln along the WCSltfllllne or Lot No.6 Section "A".. Clnt Inmdl'oo and sixty (HiO) teet to a' point on a sixl;n (16) f(l{]{ allty; !benee in ~ Westerly direction along Ihe Suulhcln hounililry liru: of [Ile said alley lhirly (30) feel to a point; thence in a SU\llhem dirt,t;on ~I()ng !be Easlern line of Lot No 8. Section '/1-, one hundred and sixty (160) (ecl \lJ Iht Northern boundary line of Valley Succt; rhellCC in 1m Easterly direcl10n along tile Northern blll/mlary line of Valley Street, IhiLly (B) lCeI to a poilU. lhe place of heginlling BEl NO LOI No.7, Sect.ioll "A". of the Plan nr SuIllll1.erdale, saId Plan heing recorded in the Office of the Rcwrtler of Deeds in frl1d for Cumberland County, Pel\ll.~ylvania. in Plan Boo~ I, Page 44. HAVING THEREON ERBCTED a two-story trame dwelling l1ouS<', Known aM numhered as 11)8 Valky Sneer, formerly 7 Valley Strect, SummenJale. Penllsylvania, 17093 TRACT #2 REGINN!NG :;1 a !J(Jim onlhe North ~idc M Valley Street at the Eastern !in,; of Lot No, 7, thenee NOl(hwanlly alollg l.ot No, 7, one hlmdred and sixty' (160'1 feel 10 a sixteen 061 (OOt alley: thence Easlwardly along Ille S<Julhern tllle of said alley, IlIlI1y(30) feel to the Western line of LoI NO.5 on said piau; them:" SouLbwardly alollg the Western Iinc of Lot No, :5. one hundred and sixly (160) fee[ to the Southern line of Valley Street. Ihirty (.3{l) feet to a POll\!, the place of beginning. BEING Lot No, 6, Sectk.n 'A' in the Plan or SlImmel'dale. adjoining Tra.:1 HI as referenced above. on the East, tonnerly awned by Rex E, Bl'cslle and M"l'i.Ila L llrcstle, his wife. as recmdcd in the office of the Re~ortler o( D.:eds ill and (ur lhe CoUllly of Cllmberlalld and Slate of Pcnnsylv,mia in Piau Book 1. Palle 44, TITLE TO SArDPREMJS~ IS VESTED TN Timotby 0, Cole and Thcrc~a A. Debarr. a, Joinr te~ots \Vllh the nghl Of ~\Il'vl\,(lrship by Deed from Da'licl IN, Hash lmd Janelle L Hersh. his WIfe, dated 4/30/1999 and recorded 516iJ999 in Reeonlllook 199, Page L TAX PARCEL #09-12-2995-047 PREMISES BEING: 108 VALLEY STREET, SUMMERDALE, PA 17093 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION TIMOTHY D. COLE THERESA D. COLE, AlKJA THERESA D. DEBARR NO. 04-103 CIVIL Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,.~~ -' ,. ~- I~..- - IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Timothy D. Cole Bk. No.1 04-05715 MDF Debtor Chapter No. 7 Mortgage Electronic Registration Systems, Inc. Movant v. 11 U.S,C, 5352 Timothy D. Cole and Leon P. Haller, Esquire (Trustee) Respondents ORDER MODIFYING ~362 AUTOMATIC STAY AND NOW, at Harrisburg upon Electronic Registration Systems, Inc. Motion of Mortgage (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 V.S.C. 362 is modified with respect to premises 108 Valley Street, Summerdale, PA 17093, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001 (al (3) is not applicable and Mortgage Electronic Registration Systems, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. BY THE COURT, ?14~~::~ Date: December 21, 2004 This electronic order is signed and filed on the same date, MORTGAGE ELECTRONIC REGISTRATION - :-~STEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TIMOTHY D. COLE THERESA D. COLE, A/KlA THERESA D. DEBARR NO. 04-103 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3 I 29 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at .108 VALLEY STREET, SUMMERDALE, PA 17093. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY D. COLE 112 MARCO CIRCLE, APARTMENT 1 SHIPPENSBURG, P A 17093 THERESA D. COLE, A/KJA THERESA D. DEBARR 108 VALLEY STREET SUMMERDALE, P A 17093 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 108 VALLEY STREET SUMMERDALE, P A 17093 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities. Februarv 1 L 2005 DATE ~:d;; / -j / ./ /~ .. .;1::;"- C. DANIEL G, SCHMIEG, ESQVIRE Attorney for Plaintiff . v MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-103 CIVIL v. TIMOTHY D. COLE THERESA D. COLE, NK/A THERESA D. DEBARR Defendant(s). February 11,2005 TO: TIMOTHY D. COLE MARCO CIRCLE, APARTMENT 1 SHlPPENSBURG, PA 17093 THERESA D. COLE, AIKIA THERESA D. DEBARR 108 VALLEY STREET SUMMERDALE, P A 17093 Il2 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT 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 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at ,108 V ALLEY STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,831.47 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2, You 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. ], 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6, You 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 Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff ;s not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE . LEGAL DESCRIPTION ....LL THOSE CER'f AIN r~rcds, It>ts Qr piece~ (If ground situate ill the TowlJship of Ea~t Pennsbonl. COllnlY of Cumher13lld, ~!l(1 Slal~ of Pel1ll'yhania. more particularly bounde" alld descril>e\l as foHnws, 10 wit: TRACT 11'1 BEGINNING /It a point on the Norlbern line 0[ Valley Street; two hundred and tWeJily-sLx (716) feet in a Westedy dirccdon ffc1tU tlJe Nonhwes! comer of Valley Slr~t and Firs! Street; lh~llce in a Northerly dIrection along tbe Western line of ii'l No.6 Section "}\'. one hundred and six!)' (160) leet to a pQlnt on a sixteen (Ill) foot alley. thence in a W",,!erl) dire<.:1ion along tile Southern boundary tine of rile said alley thlny (30) feet to a point; thence in a Southem directioll along the Eastern line or !--<.It No 8. Section 'A', one hundred 3.nd sixty (160) feel ((J Ihe Northern boundary line of Valley Slfe~t; thence ill !in Easterly dirccl1ol\ along lhe Northern bouudary line of Valle)' Stleel. Ihiny(13) ket to 3 pQint. the place <If heginning ElFING l,M No, 7. Sectioll "A". of the Plan of SUlumerdale, saId Plan being recr>l'ded in tbe Ornee of the Rewrder of Dffi1~ in and fVI CUOll;erlaml County. Petlllsylvama. in Plan Book I. Page 44, HAVING THEREON ERECTED" !WO-slut}' trame dwelling hOIJ~e. Klltl\\n and 1I11mlleled a, 108 Valley Sllee!, formerly 7 Valley Slrec!, Sumll\etd~leo l'eIUlsylvilllin., 17093. TRACT a REOINNING at a point unlhe NOlrtl1 ~idc orVaUey Street at tile Easremline Olf Lot No, 7, thence Norlhwanll)' n.long Lot No, 1. one hundretl and sixty (160) feet to a ,ixteen (16) foul alley; thence Easlwardly along tlte SuuLhem bile of ,aid alley, llllny(30) feet to the WesWrtl line of Lol No, 5 on said pl",n: thelN:C, Southwardly atong rite Western Iinc of Lot No.5. one hundred and sixlY (160) feet to the Southern Imc of Valley Streel. tbiny (.3{)) feet to ;( porn!, rhe place of b~gjnning BEING LlJl No, 6. Si'Ctillll "A" in Ihe Plan of !;ummettl.l~. a<lj()ining Tract #1 as referenced above. on tbe Ease lonncrly owned uj'Rex E. flrestlr and Mall.ba L Arcslle, hb wik as recorded in the office of the Re\:ortler of Dews ill and for the COUIII}' of Cumherlalld and Slate of Pcnnsvlvania in Plall Book I, Page 44, ' TITLE TO SAIDPREMIS~ 15 VFSTED TN TilDOlby D, Cole and Theresa A Deharr. as Juint le~lants Willi ';"" "gill 01 ~urvl\'orship by De<xJ fcom Oa/lle) W. Hash and Janelle L Hersh, his WI ie, dated 4,30/1999 and recorded 516/1999 in Record BoOK 199, Page l. TAX PARCEL #09-12-2995-047 PREMISES BEING: 108 VALLEY STREET, SUMMERDALE, PA 17093 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-103 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TIMOTHY D. COLE, THERESA D. COLE, A/KJA THERESA D. DEBARR (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is fOlUld in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,831.47 L.L. Interest FROM 6/8/05 (PER DIEM - $16.08) - $4,373.76 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1412.59 Other Costs Plaintiff Paid Date: FEBRUARY 14, 2005 CURTIS R. LONG (Seal) Prothonot';!1 ~: ka.a.-..17 ~p 7f0?~~;-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, ) CIVIL ACTION ) vs. TIMOTHY D. COLE THERESA D, COLE, NKJA THERESA D.DEBARR ) CIVIL DIVISION ) NO. 04-103 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL SCHMIEG, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on Februarv 16, 2005 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: ADri128, 2005 r-LLG\ 2=-/~ DANIEL G. SCHMiEG, ESQUIRE Attorney for Plaintiff . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TIMOTHY D. COLE THERESA D. COLE, AlKfA THERESA D. DEBARR NO. 04-103 CIVIL Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,t08 VALLEY STREET, SUMMERDALE, P A 17093 . I, Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY D. COLE 112 MARCO CIRCLE, APARTMENT 1 SHIPPENSBURG, P A 17093 THERESA D. COLE, A/KJA THERESA D. DEBARR 108 VALLEY STREET SUMMERDALE, P A 17093 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 oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 108 V ALLEY STREET SUMMERDALE, P A 17093 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. Februarv II. 2005 DATE ~ E a DANIEL G. SCHMIEG, ES Attorney for Plaintiff -1 I \ \ = \ \ ,~- t ,.. ';Jd\1- V'lO"<ll O;J\\'<IV'l '00.5 \ 0100 Ll '000'0\>000 <;00'1. 9\ <a0l~ ~\ '1.0 o()6'OO $ ~ 0;. \ . ,~,:!",~~'''&' ..a:i1fliiilS a.. 17 ~ 'VV-lSOd~ ~ o .0: S; "" p: % '1 <ll ~~ <.> ~ ~ ~ ~~ ~ ~ '6 ""^ ~~ ~ @ ~ ~ ~ '0 ~ I-' t: ~ ~~ <.> ~ ~~ ~ ~ \ \ ~ i \.l-< W o 0 "" . if> t: '6 '0 1 ..... ~ ~ '4. ~ Ii> ~ .0: ~ <.> ~ ~ ~ '6 ~~~ e 0 0 ~ p u ~ r-- ~ p-: _\0< ...., ~" ~ Po ,..) -~ 6~ ,J~ o ... . .~ ,,~ 'd,~~.t .,. G~.2~ ~-e6~ ~cQ~ ~J,-B'~ ~ '<<l g~ ~ ~ t'iJ < o ~:i.,~. ~u~.~ ~~~1 ....,~r-" ~~:O'$ p..;o-p.. .0: "" tj .0: \ ,..:: ~ \;j; f;; ;:l .0: ?- "" o - I-' ~ ~ u o \=' ~ ~ I-' ,.. .. .t:J E ~ .. u €. <t ~ '" ;~"'d " ~ " e:arJI "'~"'" '7'.0:0 ~ .;, - '" eo .". if, ,2 i ?3 ".~_'" ;a {;;...-;;'Z. ~~~11 ;..,g. 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"' ...;'.1 :':r1 ~'.1 JoC'-' -".', i.-"J r~~ ..J,. t';:: 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 Washington Mutual Bank, s/i/i WMHL Inc is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 14th day of Februarv. A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 103, at the suit of Mortgage Elect Reg Svstems Inc against Timothv D Cole & Theresa D Cole aka Theresa D Debarr is duly recorded in Sheriff's Deed Book No. 270, Page 662, IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of ~A.D. 200S ~'t 0 4t~ I ..J~f<'~ Recorder of Deeds .......CIIDood1. c..,.........CauIlIf, ~=~ tit' cu... I '-\..the ArIlUOnlllW Mortgage Eelctronic Registration Systems, Inc. VS Timothy D. Cole and Theresa D. Cole a/kla Theresa D. Debarr Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 18,2005 at 5:55 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Theresa D. Cole a!kJa Theresa D. Debarr, by making known unto Theresa Cole, personally, at 108 Valley Street, Summerdale, Cmnberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. 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: Timothy D, Cole, 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 Sale, and Description, according to law, Dauphin County Return: Served the within Real Estate Writ, Notice of Sale and Description upon Timothy D, Cole on March 01, 2005 at 4:05 o'clock P.M" by handing to him personally at The Dauphin County Sheriffs Office, Front and Market Sts" Harrisburg, P A 17108. So answers: lR, Lotwick, Sheriff of Dauphin County, Pennsylvania, Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 3:33 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 Timothy D. Cole and Theresa D. Cole a!kJa Theresa D. Debarr located at 108 Valley Street, Smnmerdale, 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: Theresa D, Cole a/kla Theresa D, Debarr, by regular mail to her last known address of 108 Valley Street, Summerdale, PA 17093. This letter was mailed under the date of April 18, 2005 and never returned to the Sheriffs Office, 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: Timothy D. Cole, by regular mail to his last known address of 67 Lade Drive, Middletown, P A 17057. This letter was mailed under the date of April 18, 2005 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 8, 2005 at 10:00 o'clock A.M, He sold the same for the sum of $1,00 to Attorney Daniel Schmieg for Washington Mutual Bank s/i/i WMHL, Inc, It being the highest bid and best price received for the same, Washington Mutual Bank In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-103 Civil Term s/i/i WMHL, Inc. of 11200 West Parkland Ave., Milwaukee, WI 53224, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,181.20. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Dauphin County Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 23.16 30,00 30,00 30,00 10.00 1.00 23.68 1.61 30.00 40.00 9.00 30.00 ,74 432,80 376,24 16.47 25.00 41.50 $ 1,181.20 Sworn and subscribed to before me So Answers: ThisLdayo,f ~J ~~~~ ~ R, Thomas Kline, Sheriff 2005, A.D, ~ () }n.ee...J,'.a.r J ~ C ..J--IJ rothonotary -ry BY '6 ~" Real Estat Deputy cvY'V vi! Jb ,\,0'1 c1<-Sb{,t- r- I iL, 1~11~~ , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TIMOTHY D. COLE THERESA D. COLE, AlKJA THERESA D. DEBARR NO. 04-103 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,108 V ALLEY STREET, SUMMERDALE, PA 17093. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY D. COLE 112 MARCO CIRCLE, APARTMENT 1 SHIPPENSBURG, P A 17093 THERESA D. COLE, AlKJA THERESA D. DEBARR 108 VALLEY STREET SUMMERDALE, P A 17093 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 108 V ALLEY STREET SUMMERDALE, P A 17093 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 of18 Pa, C,S. Sec, 4904 relating to unsworn falsification to authorities, Februarv 11. 2005 DATE E MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 04-103 CIVIL v. TIMOTHY D. COLE THERESA D. COLE, A1K1A THERESA D. DEBARR Defendant(s). February 11,2005 TO: TIMOTHY D. COLE MARCO CIRCLE, APARTMENT 1 SHIPPENSBURG, P A 17093 THERESA D. COLE, A/KJA THERESA D. DEBARR 108 VALLEY STREET SUMMERDALE, P A 17093 112 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT 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 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 108 VALLEY STREET. SUMMERDALE, PA 17093. is scheduled to be sold at the Sheriffs Sale on JUNE 8. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $97.831.47 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2, You 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. ], If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2] 5) 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 Sheriff the full amount due in the sale, To find out if this has happened, you may call (7] 7) 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 receiying that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL THOSE CERTAIN parcels, lots or pieces of ground situate in the l'ownslllp of Ea.~' PemlShoro. County of Cumherland, and Slale of Pellll.~ylvania, more particularly bounded and descrilletl as folluws, towil: rEACT HI BEGINNING at a point on the Nortbtm line of Valley St.reeI; two hundred and tWefily-Six (226) feet in a Westerly direction from the Northwest C()mer of Valley Street and First Street; thence in a Northerly direction along the WCl>1erll lillt of lot No, 6 Section. A'. one hundred and sixty (l6Q) feet tel a poim un a sixl~ (16) fOOl aJley; thence in a Westerly direction along the Southern boundary liDe or lIle said alley 1I1irty (30) feel to a point; thence in a Southern din:cUon along the Eastern line or lot No, 8. Section' A', one hundred aod sixty (160) feet l.O the Northern boundary line elf Valley Slrect; thence in an Easterly direction along tbe: Northern boulldary line of Valley Street. thiIty (13) feel 10 a point. the place of heginninll, BEING Lot No.7, Seelioll . A", of th" Plan of Summerdale. said Plan \Icing recorded in the Qff)(;e of the Re-corder of Deed~ in and for Cumberland County. Penl1.~ylvania. in Plan Book I. Page 44. HAVING THEREON ERECTED a two-stOlY frame dwelling house, know II and numbered as 108 Valley Street, formerly 7 Valley Street. Summenlalc, Pennsylvania, 17093. TRACT /f2 REGINNING at a point on tbe NOrth side of Vall~y Street lit the EaIllero line of LoI No, 7, thence Northwardly aloog l"ll No, 7. ODe hundred and sixty (160) feet to a sixteen (16) fOOL alley; thence ~twardly along Ihe Southern hne of said alley, ll1irty(30) feet to the Western line of Lot No. S on said plan: thence Southwardly along the Western lioc of Lot No. $, one hnndred and sixlY (160) feet to the Southern Hoc of Valley Street, thirty (30) feet to a point, the place of beginning BEING LOI No, 6. Section "A. in the Plan of Summenlale, adjoining Tract #1 as referenced above. on the East, formerly owned by Rex E. Ilrestle and Martha L, Ilrcslle, his wife. as recorded in Ihe oITice of the Recorder of Dl:ods in and fot the COUIII.l' of Cumherland /lDd Slate of Pennsylvania in Plan Book I, Page 44, TITLE T? SAID PREMIS~ IS V~STfm IN Timothy 0, Cole and Theresa A, Debarr. as joinl le??nlS wllh the nghl of survIVorship by Deed from Daniel W. Hersb ami Janelle L Hersh. his wlte. dlllcd 4/301 J999 and recorded .51611999 in Rcronl Book 199, Page l. TAX PARCEL #09-]2-2995-047 PREMISES BEING: I 08 VALLEY STREET, SUMMERDALE, P A 17093 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-103 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TIMOTHY D. COLE, THERESA D. COLE, AJKJA THERESA D. DEBARR (I) You are directed to levy upon the property of the defendant (sland 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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,831.47 L.L. Interest FROM 6/8/05 (PER DIEM - $16.08) - $4,373.76 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $1412.59 Other Costs Plaintiff Paid Date: FEBRUARY 14, 2005 CURTIS R. LONG (Seal) Protho~ ~ ---...J3y: ",..,.e..-P. ~J7./r...r Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 Real Estate Sale #21 On February 15,2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 1 08 Valley Street, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: February 15,2005 By:0odv~/}1 Real Est'aie Deputy ~ t:::;:;:;] ~ <:::.:::i ~ GViI 'IE :01 'i/ hi 933 ~OOZ ifd 'Hr;iiG.J Ui~'Ii"j:i~,mJ .:l.:lIH3HS 3Hl JO 3:JUJO THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania. County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 2005. 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 County of Dauphin in Miscellan Book "M", Volume 14, Page 317, COPY SALE #21 Sworn to and su c. ed before ~iS 25th day fii PUBLICATION Ul'\lll'_..u~ REAL. ESTATE SALE ,... WrltHo.2004-103 .21 CIvllTenn Mollgage electro.ilc Reglatratlon ~Inc. ~.~ _ . Cole Ally: D8n ~~ DESCRlPllOH , ALL lIfOSE CERt\JN c-:'-__iadJer,/llf8or ...._, . COlIQIy of Cumbedaoo l>WDship of East '-)'I>aaia,- ' ''''''Slateof ._,.~. -._I~, ....._._. . --. <<----;"-"=:...--'" "'IUUIICQ aud CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO, For publishing the notice or publication attached hereto on the above stated dates 376,24 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By...................................................................,