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HomeMy WebLinkAbout01-6843FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19102-1814 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM NO. CUMBERLAND COUNTY OLEN JUMPER MIGA OLEN E. JUMPER 230 WEST DAUPHIN STREET ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 013703360208597 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 V~ITHIN 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 AFFER 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. Plaintiff is ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 The name(s) and last known address(es) of the Defendant(s) are: OLEN JUMPER OLEN E. JUMPER 230 WEST DAUPHIN STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/2/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1435, Page 774. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/15/01 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. The following amounts are due on the mortgage: Principal Balance Interest 2/15/01 through 11/15/O1 (Per Diem $17.13) Attorney's Fees Cumulative Late Charges 3/2/98 to 11/15/01 Cost of Suit and Title Search Subtotal $44,660.60 4,693.62 800.00 0.00 550.00 $50,704.22 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $50,704.22 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and wilt be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $50,704.22, together with interest from 11/15/0 ! at the rate of $17.13 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff thereon ez~c*.od nltuate in ~ast Pennsbo~o Township, Cumberland Count~, Pe~n- s~lvmnis, bounded amd described as follows, to ~-lt: ~EGIrJNING at a point in the southe~ lin= of Dauphin Street at or opposite the center cf the ~ar~ition wall div~d~g p~ope=%ies ~o~ as No. ~30 and 232 Dau~ S~et, said pein% ~in~ two h~dred ~wen%y-~ne and ~ee hund~d ~ck Chu~h ~ad an~ Dauphin Stye%; thence alo~ the sou%~e~ line of Dauphin %hence South 10 de6rees ~O m~utes ~st, one h~dr~d se~nteen and fi~ hund~d minutes West, forty-s= (h6) feet to a point at or o~os~te the center of the wall di~idin~ proper~leq know~ as No. ~30 and.Nc. ~32 Dauphin S%~e% and ~- yomd one h~d~d se~nteun and fi~ hun~d fl~ one-thousandths (117.gO5) ~AVINO thereon eric%ed t~ ess=sm o~e--half of a two story dwelling known as No. 230 Dauphin Street, Fa~ola, Pe~nsylva~ao .~ING the same premises w~lch r~e H. Z~nn and ~n J. Zinn, her bus.nd, Vol~ 20, a% PaEe 1135, g~m~d a~ c~d un~o ~e~o~ E. S~noli and VERIFICATION MICHAEL GRAHAM hereby states that he is ASSISTANT VICE PRESIDENT of CIT~I~NANCIAL MORTGAGE COMPANY, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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 unswom falsification to authorities. FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ASSOCIATES CONSUMER DISCOUNT COMPANY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS VS, OLEN JUIvlPER A/K/A OLEN E. JUMPER CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6843 CIVIL TI-frS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. MOTION FOR SERVICE PURSUANT TO ~PF.~IAI, ORI~F,R OF C~OIIRT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 230 WEST DAUPHIN STREET, ENOLA, PA 17025 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". CZC, Svc Dept. H:/Main Forms/motions/county.comp 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of l}~eemher ~1: 2001 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. Michele M. Bradford, Esquire CZC, Svc Dept. H:/Main Forms/motions/coun ~y.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. g69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2'15) 56~-700n ASSOCIATES CONSUMER DISCOUNT COMPANY VS. OLEN JUMPER A/K/A OLEN E. JUMPER ATTORNEYFORPLAINT~F COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6843 CIVIL Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) ff scm'ice cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts oftbe Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs retom of'Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. C~?alee vq Palls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice ofin~nlded adoption mailed to last known address requires a good faith effort to discover the correct address." Ad~?i'it~n nf Wallr~r, 468 Pa. 165, 360 A.2d 603 (1976). An illuslration of good faith effort to locate the defendant ineiude~ (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) mm/nations of local telephone directories, voter regisnation records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WItEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: Michele M. Bradford, Esquire H:~Vlain Forms/motions/county.comp cAsE NO: 2001-06843 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT VS JUMPER OLEN E R. Thomas Kline ,Sheriff duly sworn according to law, says, that inquiry for the within named defendant, JUMPER OLEN E unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , or Deputy Sheriff, who being he made a diligent search and DEFENDANT but was He therefore returns the the within named DEFENDANT JUMPER OLEN E , NOT FOUND , as to DEFENDANT DOES NOT LIVE AT ADDRESS PROVIDED. Sheriff's Costs: Docketing 18.00 Service 9.75 Not Found 5.00 Surcharge 10.00 .00 42.75 So answers R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 12/13/2001 Sworn and subscribed to before me this day of A.D. Prothonotary 'EXHIBITA EKL DJ, TA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attorney Firm: Federman & Phelan Subject: Oleu Jumper Property Address 230 West Dauphin Street Enola, PA 17025 Last Known Address: P.O. Box 9 Enola, PA 17025 Current Address: 230 West Dauphin Street Enola, PA 17025 Last Known Number: George H. Lewis, III, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of researcher for EKL DATA, 1NC. 2. On September 12, 2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Secur/ty Number 1. Olen Jumper: 162-22-1583 B. Employment Seamh: Could not locate any employment information for the above named subject at this time. C. Inquiry of Creditors: The creditors indicated that Olen Jumper resides at 230 West Dauphin Street, Enola, PA 17025. II. Inquiry of Telephone Company A. Directory Assistance Search: The Telephone Company has no listing for the above named subject at this time. III. Inquiry of Neighbors Could not locate any neighbors for the above named subject at this time. IV. Inquiry of Post Office A. National Address Update: As of September 13, 2001 the National Change of Address has no forwarding record for Olen Jumper listed at P.O. Box 9, Enola, PA 17025. Inquiry of DMV The Pennsylvania Department of Motor Vehicles has Olen Jumper listed at 230 West Dauphin Street, Enola, PA 17025. EXHIBIT "B" VI. EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION Other Inquiries A. Death Records: As of September 12, 2001 the Social Security Death Index has no death record on file for Olen Jumper under his social security number. B. Public Licenses None Found C. County Voter Registration: The county does not have Olen Jumper listed as a registered voter with an address of 230 West Dauphin Street, Enola, PA 17025. D. D.O.B.: Olen Jumper: 07/00/1930 E. Miscellaneous Information None A~aht ~aeorge H Lewis III Subscribed and sworn before me on September 12, 2001. No~t~ Public - Notarial Seal Ellen K. Lewis, Notary Public Lower Medon Twp., ~'4ont§omery Counr~/ My Commission Exm-'~s Feb 24, 2003 EKL DATA, INC. O 66 Brookline Boulevard O Havertown, PA 19083 Tel.: 1-888-829-$768 O Fax: 610-446-2779 O email: ekl-data~home.com EXHIBIT VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unswom falsification to authorities. Date: Decem½er '~1 2001 Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. OLEN JUMPER A/K/A OLEN E. JUMPER Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 01-6843 CIVIL PRAECiPE TO Rm?NSTATE CIVIL ACTION/MORTgAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in with reference to the above captioned matter. Mortgage Foreclosure Date: December 31, 2001 ~k~NK FEDERMkN~, ESQUIRE Attorney for Plaintiff CZC, SVC DEPT FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ASSOCIATES CONSUMER DISCOUNT COMPANY Vs. OLEN JUMPER A/K/A OLEN E. JUMPER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6843 CIVIL C. ERTIiClCATION OF ~ERVIC, E I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. OLEN JUMPER A/K/A OLEN E. JUMPER at: 230 WEST DAUPHIN STREET ENOLA PA 17025 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: D~amh~:22~.Ii~ Michele M. Bradford, Esquire Attorney for Plaintiff CZC, Svc Dept. H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 - 1814 (215) 56:t-7000 ATTORNEY FOR PLAINTIFF o 8 _ooz ASSOCIATES CONSUMER DISCOUNT COMPANY COURT OF COMMON PLEAS VS. OLEN JUMPER A/K/A OLEN E. JUMPER CIV/L DIVISION CUMBERLAND COUNTY NO. 01-6843 CIVIL ORDER AND NOW,, this ~ day of~, 200~upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plainfiffmay obtain service of the Complaint on the above captioned Defendant(s) OLEN JUMPER A/K/A OLEN E. JUMPER, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 230 WEST DAUPHIN ~STREET, ENOLA, P A,1.702~t~ % ~ ~ fs'~e-qta.'~t'~ ~ Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. CZC, Svc Dept. 01-17-02 H:/Main Forms/motions/county, comp ViNVA"IAgNN~]d FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attomey for Plaintiff ASSOCIATES CONSUMER COMPANY Plaintiff VS. OLEN JUMPER A/K/A JUMPER Defendants DISCOUNT : COURT OF COMMON PLEAS : CIVIL DIVISION OLEN E. : Cumberland County : No. 01-6843 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in with reference to the above captioned matter. Mortgage Foreclosure Date: February 22, 2002 FRANK FEDEX, ESQUIRE Attorney for Plaintiff CZC, SVC DEPT FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Attorney I.D. No. 12248 Suite 900 - Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY vs. OLEN JUMPER A/K/A OLEN E. JUMPER Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 01-6843 CIVIL AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the attached Court Order dated JANUARY 17,2002 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b) in the Sentinel on F rua 2 002 and Cumberland Law Journal on ~ 8,2002. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. DATE: February 22, 2002 Section 4904 relating to FRANK FEDERgULN, ESQUIRE FEDER]X4_AN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ATTORNEY FOR PLAINTIFF ASSOCIATES CONSUMER DISCOUNT COMPANY VS. OLEN JUMPER A/K/A OLEN E. JUMPER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6843 CIVIL ORDER AND NOW, this./7'~ day of~, 20(t$~upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) OLEN JUMPER A/K/A OLEN E. JUMPER, by mailing a tree and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 230 WEST DAUPHIN Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotarfs Office an Affidavit as to the mailing. CZC, Svc Dept. H:/Main Form~motlons/coun ty.¢omp TRUE COPY FROM RBCORD In Testimony whereof, I,here unto set ,my hand PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager .of THE SENT NEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication Fehrunry. 2. 2002 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. February 6, 2002 Sworn to and subscribed before me this 6th day of February ,2002. Notary Public My commission expires: NOTARIAL SEAL SHIRLEY O. DURNIN, Notary Public Carlisle Boro., Cumberland County My Commission Expires Audi. 9, 2003 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the primed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz FEBRUARY 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY 2002 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTC~AGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Permsylvania Civil Action Law No. 01-6843 ASSOCIATES CONSUMER DISCOUNT COMPANY. PLAINTIFF vs. OLEN JUMPER, a/k/a OLEN E. JUMPER. DEFENDANT NOTICE TO OLEN JUMPER, a/k/a OLEN E. JUMPER: You are hereby notified that on December 3, 2001, Plaintiff, ASSO- CIATES CONSUMER DISCOUNT COMPANY, filed a Mortgage Fore closure Complaint endorsed with a Notice to Defend. against you in the Court of Common Pleas of Cumber- land County. Pennsylvania. docket- ed to No. 01-6843 Civil. Wherein Plaintiff seeks to fore- close on the mortgage secured on your property located at: 230 West Dauphin Street. Enola. PA 17025. whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE by attorney, and file your defenses or objections in writing with the court. You are warned that ff you fail to do so. the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the property or other rights important to you. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one. go to or telephone the office set forth below to lind out where you can get legal help. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 {717) 249-3166 FRANK FEDERMAN FEDERMAN & PHELAN. L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia. PA 19103 (215) 563-7000 Feb. 8 You have been sued in Court. If you wish to defend, you must enter a written appearance personaJly or 3 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~1 '~) 56%7000 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. OLEN JUMPER, A/K/A OLEN E. JUMPER Defendant(s) Attomey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 01-6843-CWIL AFFIDAVIT OF SERVICE OF COMPLAINT RV MAll, PlIR~IIANT TO {?C}URT ORI)ER I hereby certify that a tree and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to OLEN JUMPER, A/K/A OLEN E. JUMPER at 230 WEST DAUPHIN STREET, ENOLA, PA 17025 on Mllxgh_l..Z0~, in accordance with the Order of Court dated JANUARY 17, 2002. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CZC, Svc Dept. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 Plaintiff, V. OLEN JUMPER A/K/A OLEN E. JUMPER 230 WEST DAUPHIN STREET ENOLA, PA 17025 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6843 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against OLEN JUMPER A/IGA OLEN E. JUMPER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/16/01 to 4/2/02 TOTAL $50,704.22 $2,363.94 $53,068.16 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. tFRANK FEbERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY · FEDERMAN AND PHELAN BY: Michele M. Bradford, E.~q. Atty. LD./169849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ASSOCIATES CONSUMER DISCOUNT COMPANY VS. OLENJUMPERA/K/A OLEN E. JUMPER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6843 CWIL AND NOW, this ORDER day of ~., 20~upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) OLEN JUMPER A/K/A OLEN E. JUMPER, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 230 WEST DAUPItIN ..ft..c.g. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotarfs Office an Affidavit as to the mailing. CZC, Svc Dept. H:/Main Forms/motions/county.comp TRUE cOpy'FROM RECORD In Testimony ~nereo~, I,here unto set. my hand and the seal of' said (~oUrt at ~rliste, i~a. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attomey for Plaintiff ASSOCIATES COMPANY Plaintiff CONSUMER vs. DISCOUNT : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY OLEN JUMPER, A/K/A OLEN E. JUMPER : NO. 01-6843-CIVIL Defendant (s) TO: OLENJUMPER, A/K/A OLEN E. JUMPER 230 WEST DAUPHIN STREET ENOLA, PA 17025 COPY DATE OF NOTICE: MARCH 22. 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 Plaintiff, V. OLEN JUMPER A/K/A OLEN E. JUMPER 230 WEST DAUPHIN STREET ENOLA, PA 17025 Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6843 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant OLEN JUMPER A/K/A OLEN E. JUMPER is over 18 years of age and resides at, 230 WEST DAUPHIN STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. NK FI~,DERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 Plaintiff, V. OLEN JUMPER A/K/A OLEN E. JUMPER 230 WEST DAUPHIN STREET ENOLA, PA 17025 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6843 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on 2oo . DEPUTY c If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.ILC.P. 3180-3183 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, V. OLEN JUMPER A/K/A OLEN E. JUMPER Defendant(s). No. 01-6843 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/2/02 to 9/4/02 (per diem -$8.72) TOTAL $53,068.16 $1,351.60and Costs $54,419.76 pRANK FI~)ERMAN, 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. ALL THAT CERTAIN lot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania~ bounded and described as follows, to wit: · BEGINNING at a point in the Southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being Two Hundred Twenty-Nine and Three Hundred Eighty-Nine One-Thousands (229.389) feet East of the Southeast orner of .Bri~ Church Road and Dauphin Street; thence along the Southern line of Dauphin Street, North 79~e~grees 40 minutes East, Forty-Six (46) feet to a point; thence South 10 degrees 20 minutes East: Ofla6 Hundred Seventeen and Five Hundred Five One-Thousandths (117.505) feet to a point; thence Sou~79 degrees 40 minutes West, Forty-Six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dau~bhin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and No. 232 Dauphin Street and beyond One Hundred Seventeen and Five Hundred Five One-Thousandths (117.5005) feet to a point, at the place of beginning. · HAVING thereon erected the Eastern One-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania. TAX PARCEL # 09-14-0832-201 Premises: /230 DAUPHIN STREET, TOWNSHIP OF EAST PENNSBORO / CUMBERLAND COUNTY PENNSYLVANIA TITLE TO SAID PREMISES IS VESTED IN Olen E. J6rnper, widower by reason of the following : BEING THE SAME premises which Theodore E. Sgrignoli and Winifred E. Sgrignoli, his wife by Deed dated 8/29/63 and recorded 8/29/63 in the County of Cumberland in Deed Book Y, Volume 20, Page 737 conveyed unto Olen E. Jumper and Romaine M. Jumper, his wife. AND THE SAID Romaine M. Jumper died on 7/20/99 whereby ~itle to said premises became vested in Olen E. Jumper by right of survivorship. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, V. OLEN JUMPER A/K/A OLEN E. JUMPER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION ; NO. 01-6843 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE~ hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. RANK F]~kDERMAN, ESQUIRE Attorney for Plaintiff ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, OLEN JUMPER A/K/A OLEN E. JUMPER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6843 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ASSOCIATES CONSUMER DISCOUNT COMPANY, 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 ~230 WEST DAUPHIN STREET~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) OLEN JUMPER A/K/A OLEN E. JUMPER 230 WEST DAUPHIN STREET ENOLA, PA 17025 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: Nanle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Sanle 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) EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE ENOLA, PA 17025 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) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INItERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TM FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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: SalHe Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 230 WEST DAUPHIN STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 27, 2002 DATE tFRANK FE~DERMAN, ESQUIRE Attorney for Plaintiff ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff, V. OLEN JUMPER A/K/A OLEN E. JUMPER Defendant(s). TO: OLEN JUMPER A/K/A OLEN E. JUMPER 230 WEST DAUPHIN STREET ENOLA, PA 17025 CUMBERLAND COUNTY No. 01-6843 CIVIL March 27, 2002 **THIS FIRM IS,4 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 ~ 230 WEST DAUPHIN STREET~ ENOLA~ PA 17025~ is scheduled to be sold at the Sheriff's Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $53~068.16 obtained by ASSOCIATES CONSUMER DISCOUNT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask thc Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TIlE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling {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 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ' BEGINNING at a point in the Southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being Two Hundred Twenty-Nine and Three Hundred Eighty-Nine One-Thousands (229.389) feet East of the Southeast comer of BrifA(Church Road and Dauphin Street; thence along the Southern line of Dauphin Street, North 79 _~_gr~s 40 minutes East, Forty-Six (46) feet to a point; thence South 10 degrees 20 minutes East, Ofl~6 Hundred Seventeen and Five Hundred Five One-Thousandths (117.505) feet to a point; thence Sou~g'79 degrees 40 minutes West, Forty-Six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dau~bhin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and No. 232 Dauphin Street and beyond One Hundred Seventeen and Five Hundred Five One-Thousandths (117.5005) feet to a point, at the place of beginning. · HAVING thereon erected the Eastern One-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania. TAX PARCEL # 09-14-0832-201 Premises: /230 DAUPHIN STREET, TOWNSHIP OF EAST PENNSBORO ! CUMBERLAND COUNTY PENNSYLVANIA TITLE. TO SAID PREMISES IS VESTED IN Olen E. Jfimper, widower by reason of the following BEING THE SAME premises which Theodore E. Sgrignoli and Wiaifred E. Sgrignoli, his wife by Deed dated 8/29/63 and recorded 8/29/63 in the County of Cumberland in Deed Book Y, Volume 20, Page 737 conveyed unto Olen E. Jumper and Romaine M. Jumper, his wife. AND THE SAID Romaine M. Jumper died on 7/20/99 whereby ~itle to said premises became vested in Olen E. Jumper by right of survivorship. FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff V$, OLEN JUMPER Defendant(s) ATTORNEY FOR PLAINTIFF : CUMBERLAND County : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-6843 ., : PRAECIPF: TO VACATE JUDGMENT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment, which was entered on 4/4/02 against OLEN JUMPER, Defendants, in the amount of $53,068.16 relative to the instant matter, without prejudice, upon payment of your costs only. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Dated: 4/8/02 FEDERMAN AND PHELAN By: FRANCIS S. HALLINAN, ESQUIRE IDENTIFICATION NO. 62695 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff OLEN JUMPER, A/K/A OLEN E. JUMPER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION NO. 01-6843-CIVIL CUMBERLAND COUNTY Defendant PRAECIPE TO REINSTATE COMPLAINT PURSUANT TO RUI,E PA R.C.P. 401 TO THE PROTHONOTARY: Kindly reinstate the complaint in the above-captioned civil action in accordance with Pa R.C.P. 401 (b)(2), which allows a complaint to be reinstated at any time and any number of times. A new party defendant may be named in a Reinstated Complaint. Pursuant to Rule PA R.C.P. 401 (b) (2), the new party defendants shall be KATHY JO BROWNAWELL, A/K/A KATHY JO BROWNSWELL, AND MARLEY S. BECK, JR. DATED: /FRANCIS S. HALLINAN, E§QUIRE Attorney for Plaintiff 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 ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01-6843-CIVIL KATHY JO BROWNAWELL, A/K/A KATHY JO BROWNSWELL 230 WEST DAUPHIN STREET ENOLA, PA 17025 CUMBERLAND COUNTY MARLEY S. BECK, JR. 230 WEST DAUPHIN STREET ENOLA, PA 17025 Defendant(s) REINSTATED CIVIl, ACTION - l,AYf COMPI,AINT IN MORTGAGE FORECiI,OgITRE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 thc Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Loan #: 0000650337/JNR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 7 I~ (717) 249-3166 ,_,, ,~:,i ~: 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 PLAINTIFiF 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 EXTiENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR. OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is o ASSOCIATES CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE COPPELL, TX 75019 The name(s) and last known address(es) of the Defendant(s) are: KATHY JO BROWNAWELL, A/K/A KATHY JO BROWNSWELL 230 WEST DAUPHIN STREET ENOLA, PA 17025 MARLEY S. BECK, JR. 230 WEST DAUPHIN STREET ENOLA, PA 17025 who is/are the real owner(s) of the property hereinafter described. On 3/2/98, mortgagor(s), OLEN JUMPER AND ROMAINE JUMPER, made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CLqVIBERLAND County, in Mortgage Book No. 1435, Page 774. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/15/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 2/15/01 through 12/2/02 (Per Diem $17.13) Attorney's Fees Cumulative Late Charges 3/2/98 to 12/2/02 Cost of Suit and Title Search Subtotal $44,660.60 17,214.41 800.00 0.00 550.00 $63,225.01 Escrow Credit 0.00 Deficit 0.00 Subtotal $0 TOTAL $63,225.01 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. o The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Plaintiff hereby releases OLEN JUMPER AND ROMAINE JUMPER from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an m rem Judgment against the Defendant(s) in the sum of $63,225.01, together with interest from 12/2/02 at the rate of $17.13 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. FED~MAN AND PHEL.'~q, LLP By: ~~~ ~-'I ~P ' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN lot or piece of land with buildings and improvements thereon erected situate in Fast Pelmsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being Two Hundred Twenty-Nine and Three Hundred Eighty-Nine One-Thousands (229.389) feet Fast of the Southeast corner of Brick Church Road and Dauphin Street; thence along thc Southern line of Dauphin Street, North 79 degrees 40 minutes East, Forty-Six (46) feet to a point; thence South 10 degrees 20 minutes Eas~, One Hundred Scveraeen and Five Hundred Five One-Thousandths (117.$05) feet to a point; thence South 79 degrees 40 minutes West, Forty-S/x (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin_ Street; thence North 10'degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and No. 232 Dauphin Street and beyond One Hundred Seventeen and Five Hundred Five One-Thousandths (117.5005) feet to a point, at the place of beginning. ' HAVING thereon erected the Eastern One-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvarga. TAX PARCEL # 09-14-0832-201 VERIFICATION TERESA SKINNER hereby states that she is NORTHEAST REGIONAL MANAGER of CITIFINANCIAL MORTGAGE COMPANY, INC., mortgage servicing agent for the plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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 DATE )~ is/ob SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-06843 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT VS JUMPER OLEN E R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BECK MARLEY S JR unable to locate Him COMPLAINT - MORT FORE but was in his bailiwick. He therefore returns the the within named DEFENDANT , BECK MARLEY S JR NOT SERVED , as to NOT SERVED PER FAX FROM NAISHA LANIER AT FEDERMAN & PHELAN. Sheriff,s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge .00 10.00 16.00 SHERIFF OF CUMBERLAND COUNTY FEDERMAN & PHELAN 12/27/2002 Sworn and subscribed to before me this 3~ day of ~.,~_,j~% ~ ~ A.D. Pz~o~honot'ary SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-06843 p COMMONWEALTH OF PENNSYLVANIA COUNTy OF CUMBERLAND ASSOCIATES CONSUMER DISCOUNT VS JUMPER OLEN E R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BROWNAWELL KATHY JO ~/K/A KATHY JO BROWNSWELL but was unable to locate H__er in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED the within named DEFENDANT KATHY JO BROWNSWEL[, , BROWNAWELL KATHY JO A/K/A NOT SERVED PER FAX FROM NAISHA LANIER AT FEDERMAN & PHELAN. , as to Sheriff,s Costs: Docketing 18 00 Service ' Affidavit .00 .00 Surcharge 10.00 .00 28.00 SHERIFF OF CUMBERLAND COUNTy FEDERMAN & PHELAN 12/27/2002 Sworn and subscribed to before me this ~ day o ~/- __~3 A.D. 'o~h~notary - , ~ FEDERMAN AND PHELAN, LLP By:'Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff ASSOCIATES CONSUMER DISCOUNT COMPANY Vso Plaintiff Court of Common Pleas CUMBERLAND County No. 01-6843-CIVIL KATHY JO BROWNAWELL, A/i~A KATHY JO BROWNSWELL MARLEY S. BECK, JR. Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your costs only. A Chapter 13 bankruptcy was filed on 12/03/02, Which invalidated the complaint. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff