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HomeMy WebLinkAbout09-666510 AMH:LFG 524569.1 (00308.061 ) 10/5/09 BLAKINGER, BYLER & THOMAS, P.C. By: Angela M. Holt, Esquire Attorney I.D. #209333 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE STONEMILL PROPERTY MANAGEMENT Plaintiff No. CR-to(0(05 0,-Iyil Iex+k V. LORI SHUMBERGER and ALAN SHUMBERGER Defendants TO THE WITHIN DEFENDANTS: 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AMH:LFG 524569.1 ( 00308.061 ) 10/5/09 Cumberland County Bar Association Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 Telephone: Date: i o u f (717) 249-3166 (800) 990-9108 n J Angela 4 olt, Esquire Attorneys for Plaintiff 2 AMH:LFG 524569.1 ( 00308.061 ) 10/5/09 BLAKINGER, BYLER & THOMAS, P.C. By: Angela M. Holt, Esquire Attorney I.D. #209333 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE STONEMILL PROPERTY MANAGEMENT Plaintiff No. 0 9 G 66 -5 ( 7 V. LORI SHUMBERGER and ALAN SHUMBERGER Defendants Plaintiff, Stonemill Property Management, by and through its counsel, Angela M. Holt, Esquire and Blakinger, Byler & Thomas, P.C., hereby files this Complaint, and in support thereof, avers as follows: 1. Plaintiff is Stonemill Property Management, a registered fictitious name with an address of P.O. Box 506, Elizabethtown, Pennsylvania 17022. 2. Defendant Lori Shumberger is an adult individual with a last known address of Trindle Mobile Home Park, 19 Lois Lane, Mechanicsburg, Pennsylvania 17050. 3. Defendant Alan Shumberger is an adult individual with a last known address of Trindle Mobile Home Park, 19 Lois Lane, Mechanicsburg, Pennsylvania 17050. 4. Upon information and belief, Defendants Shumberger are the current titleholders of a 1983 Skyline mobile home unit, Model Number 0 11102995, located in the Trindle Mobile Home AMH:LFG 524569.1 ( 00308.061 ) 10/5/09 Park, 19 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"). A true and correct copy of the Pennsylvania Department of Transportation Vehicle Record Abstract for the Property is attached hereto and incorporated herein as Exhibit "A". 5. In 2003, Defendants Shumberger failed to pay real estate taxes on the Property. A true and correct copy of the Tax Claim Inquiry issued by the Cumberland County Tax Claim Bureau is attached hereto and incorporated herein as Exhibit "B". 6. In 2004, Defendants Shumberger failed to pay real estate taxes on the Property. A true and correct copy of the Tax Claim Inquiry issued by the Cumberland County Tax Claim Bureau is attached hereto and incorporated herein as Exhibit "B". 7. In or about late 2004, Defendants Shumberger abandoned the Property. 8. As of June 3, 2005, Defendants Shumberger had an outstanding tax claim of $335.44. 9. On or about June 2, 2005, Stonemill Property Management paid Defendant Shumbergers' outstanding tax balance for the year 2003 in the amount of $176.07. 10. On or about June 2, 2007, Stonemill Property Management paid Defendant Shumbergers' outstanding tax balance for the year 2004 in the amount of $159.37. 11. On May 18, 2005, Stonemill Property Management sent a letter to Defendant Alan Shumberger seeking release of the Property and requesting that Defendant forward the signed and notarized title for the mobile home unit. A true and correct copy of the May 18, 2005 letter is attached hereto and incorporated herein as Exhibit "C". 12. Defendant Alan Shumberger failed to respond to the May 18, 2005 correspondence. 13. As evidenced by the Vehicle Record Abstract, John Hanson Savings Bank FSB ("John Hanson") is a lienholder of record against the Property. 2 AMH:LFG 524569.1 ( 00308.061) 10/5/09 14. Upon information and belief, as of April 26, 1991, John Hanson is no longer in existence or conducting business. A copy of the FDIC Institution Directory Report for John Hanson is attached hereto and incorporated herein as Exhibit "D". 15. As evidenced by the FDIC Institution Directory Report, John Hanson went into receivership. The Federal Deposit Insurance Corporation was appointed as receiver. 16. On August 27, 2009, counsel for Stonemill Property Management sent a facsimile to the FDIC Division of Resolutions and Receiverships requesting a release of the lien against the property. A copy of the August 27, 2009 facsimile is attached hereto and incorporated herein as Exhibit "E". 17. On September 9, 2009, the FDIC Division of Resolutions and Receiverships sent an Affidavit of Lien Release to counsel for Stonemill Property Management releasing and discharging all liens and encumbrances on the Property. A copy of the Affidavit of Lien Release is attached hereto and incorporated herein as Exhibit "F". 18. Despite the Affidavit of Lien release, the lien remains of record with the Department of Transportation. 19. Pursuant to § 505 of the Mobile Home Park Rights Act, the Property has since been relocated to the National Village Mobile Home Park, Union County, Pennsylvania. WHEREFORE, Plaintiff Stonemill Property Management respectfully requests that this Court, pursuant to Pennsylvania Rule of Civil Procedure 1066, order as follows: a. that the lien held by John Hanson Savings Bank be decreed satisfied and discharged; 3 AMH:LFG 524569.1 ( 00308.061 ) 10/5/09 b. that after reasonable notice and opportunity for hearing having been provided to all interested parties, ownership of one 1983 Skyline mobile home bearing Model Number 011102995, be awarded to Stonemill Property Management; C. that the Defendants and any person claiming through the Defendants be forever barred from asserting any right, lien, title or interest in the property inconsistent with the interest or claim of Plaintiff Stonemill Property Management; d. that, absent the filing of an Answer or Objection, the Prothonotary shall be authorized to enter final judgment in favor of Plaintiff Stonemill Property Management upon the Plaintiff's filing of a Praecipe so requesting; e. directing that the Department of Transportation may accept this Order as evidence of ownership in lieu of a Certificate of Title; f. directing Plaintiff Stonemill Property Management to submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate Certificate of Title for the property. BLAKINGER, BYLER & THOMAS, P.C. Date: S By; i QJ9L kt, ' L M. Holt, sq 're Attorney I.D. #209333 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for the Plaintiffs 4 AR/3 VERIFICATION I, IRVIN H. PEIFER, verify that I am a p do W in Stonemill Property hem, owner and operator of Tnndle Mobile Hone Park, and, as such, I am authorized to make this verification on behalf of the proprietorship and that the staffs made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pe.C.S.A. § 4904, felating to unswmn hIsi6catim to authorities. . Peifer Dated: -67h A _, 2009 i PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 7/21/09 13:56 PAGE 1 OWNER LORI A SHUMBERGER 19 LUIS LANE TRINDLE MHP MECHANICSBURG PA 17055 TITLE NUMBER 34793834 TAG NUMBER VIN 01110299S MAKE SKYLINE MODEL RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : JOHN HANSON SAVING BANK ADDRESS: P 0 BOX 15170 KNOXVILLE TN 37901 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 092020277000380 002 LESSEE NONE TITLE DATE : 11/22/82 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *ACTUAL MILEAGE DUPLICATE TITLE COUNT 1 VEHICLE YEAR 1983 STOLEN DATE EXPIRATION DATE: 09/26/21 ABA NO : ELT IND: INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US L.L.P7SS 1..^17 Y t iai L?LH-? /03/252)5 09:25 r??c c?? ?_ . ? 1 C3A8;J-tI A:iD CO Lugr"- 'SAX C"XiM =Rm?u ,91949050]2005 am COUR17i0C38 S74AP-M CL?1656 717 240-5354 PWNS 5/0312005 CARLZSL-, PA 17013 FAX FAQ( 717 290-6354 TAX CLAIM IXQUIRY •..»••+» DIET/CTL SO 6490 R 3 H A R K S SHUMSLR=, ALAN ST -19 LOIS LANE 1l 19 LOTS LAN3 l4SCl3P1CICSBURO PA 17050 - MoBILB HOME PARK DUSC -LOT 19 .Mobile Hama - 240 Land C=RT WL-R/C 495105 1D-IMPDSN TOMNSHIP 160-CUH93ALAW VALLEY S.D. BOOK/PACE CELT MAIL-SALE 1501904 MAp NO 10-22-0525-021 TR09304 21 LANG USE T STATUS C % = E 9,610 VALUE C&G 2,210 RU A= INT ADDSD RL-_zIYY TAX FVMLTY 2V TERM Cygs PAY1tEM'!8 DUE Emm MO 15 0 3 CODE M SCRIPTION NO ' 14.65 1.97 2.55 14.18 .01 1 01/21/04 200 CTY-NAMPM . 99 .10 .17 1.26 .01 01121/04 250 743- ? T°'P 92 .19 .17 1 2.25 n .99 01121/04 300 MUR-IDJOTM T 00 8C1-CM0MX?wM V311Y . 11,22 69.30 8.83 ... 106.35 ...... 1 01/22/04 4 2003 TAX TOTAL 136.07 / ( 15.00 01/21/04 201 Y1LMIG FEE 5.00 02/23/04 202 POSTAGE RST & CLAIM 20.00 04/20/04 204 POSTIIgG RE t"/CLAIM -- ------- 2003 FEE TOTAL 40.00 (2002 Ym TCTALS # SALANCE SD--RFALAxcr DUE NEXT NO11T4i t,* .00 176.07 176.07,/ .33 176.90 - - - - - - EST , _ - - - - - - - - - - - - - - - .75 • •01/19/05 200 C7Y-HAMPO= T" 20.95 2 - - - - - - - - - - 23-. 47 2.20 - - .15 .01 01113105 250 LIB-HAWORS WP .20 1 95 .1D .05 92 .19 .OS 1 2.16 .01 i4 01/19/DS 300 MON-HAMPDER T" . . 04 9.80 3.70 98 111.54 01130105 400 SQ1-CUMB Va11Y -- . - 2004 TAX TOTAL 139.37 15.00 01/19/05 201 FILING r= S.00 02/03/05 202 POSTAGS RXT a CLAIM 05/05/05 204 POSTING F3TURN/CLAIM - -------- 2006 FS8 TOTAL 20.00 91 ? ' 2004 TOTALS & BALANCE g • *DUB NEXT MOM 159.37 .00 . 159.37 - - - iso?2a . _ - - - - - - - - - - - - - - - - 'CLAIM TOTALS - - - - - - - - - - -335 44 .00 - - - 335.49 1.74 Zs,rIMATBD TOTAL DUE NEXT MOS4TH - - - - - - - - - - - - - - - - - -' - - - MISC RECITPTS - - - - - - - - - - - - - - - - - - - Stonemill Property Management P.O. Box 505, Eliz;lbethtuwn, PA 17022-0506 Phone: (717) 367-5109 a Fax: (717) 361-7425 May 18, 2005 Alan Shumberger Trindle MHP i. 19 Lois Lane j s Mechanicsburg, PA] 17050 Dear Mr. Shumberger: RE: 1983 Skyline Model #011102995, Lot 19 Lois Lane, Trindle Mobile Home Park I am writing to confirm that you, Alan Shumberger, no longer have any interest in the mobile home referred to above and that you are hereby releasing the mobile home to Stonemill Property Management. 11' you receive this letter and agree that this is a true statement, please acknowledge by sending the signed and notarized title to Stonemill Property Management at the address shown above. Sinccrely. STONEN.a. 1, PROPERTY MANAGEMENT Irvin H. Peifer, Owner .. IHPLiaa Complete items 1, 2, and 3. Also complete it•`m 4 if Restricted Delivery is desired. t int your name and address on the reverse s that we can return the card to you. 1 ach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ?V L'VCOCA - A. Signature X 4;'4e' ? Agent ? Adore B. Received by (Printed Name) D. Date of Dell D. Is delivery address different from item 17 ? Ye: If YES, enter delivery address below: ? No 3. Semite T pe 1 n ?{ rw f n r+7 Express Mail ! ! i ! ? ?°t L] Return Receipt for Merchandise --Z-Insured M4V ' -f7.?0:D...._. -- 4, Restricted Delivery? (axtra Fee) ? Yes Number 4193' ^s.'er from service labeo 7003 3110 0000 0703 =cm 881 / Ugujt ?QDI it' i i i Damgsiic Returtt i l i l r i r i Receipt i 102595-02-M-1540 E6'th E0?.0 0000 OTTE E001 C) 400 M N M t N UZ C- 0. R c? N "C O O OI O E s. 19 O U h G? U N 3 3 3 c 0 CQ b S v Q I 2 = Ui in U C Q l/1 a6 Z N7 Q O z Q d' a o K R to S 0 lu C 05 o N W Z O CO) O O m N O U) r LL 0 m `u 0 p 0 N o N Vl m t/1 p O amp EyC'> O ? O r M v C L r LO 0 co co r r M V- orn c N 7 C t N a mp N W O w ? (a ca pp r_ O .N N r°) m_ o ?. M U m 0 m L O Q ?- G U) o O O O N M j 0 a >O eNO?O> i6 N L ? Q W °? C U ED Q V L N a) -0 -t a)m m-? c UUc`o`m ? m E mad O r? a) cy) .0 MI C (h a? v CE O Y c M co om 0 L N • L 3 d > m > cc c ) 0 ece? c?i 0) r- t 3 U) to m N.62 •CD L D m O Q LL. --) 0 7 o A R •s = Z _c V •0 Coot cUQ C O 7 U) Mn O SA , W .0 m m D 0- d (o c c w z m co E N ? 0 0 cf) (D m Z N (D w cu (D ?o cu U a) LL. Q f L _ p U- LL a) mm E m r 3 O C C c O O U U E o d o c U 0 c c U W c .0 o 2 o Co 0 ?, m Q U U) N N Q E' U) m x O O U 0000 N .D m Q m > N m Y C (n Y 0 d U O (D 0 m m m O L 0 C 0 o a- LL ? c tf `? m m o m c m U W U W p 5 U o U LL LL. FL LL. O U * 0 0 0 c 0 Q U N N O N fA a? a` V) N N c O d CY. N N C 0 .y 0 O Q E ,N 0 Uto O N 0) (0 v? ? c N _ mO d `o = U C) Cl =1.2 N ` ` c m 4- 4) U) O Q ?0O U V w Q U- 0 o E d E 2 ? z Q M 't O_ C1 O O N O? Blakingei?Bylff&=S, P.C. F A C S I M I L E To: FDIC Division of Resolutions and Receiverships Fax: 703-812-1082 From: Angela M. Holt Date: August 27, 2009 Pages: 1 File: 00308.064 Please be advised that this office represents Stonemill Property Management in matters relating to the transfer of title for a mobile home unit that has been abandoned. Attached please find documents relating to a 1983 Skyline Mobile Home Unit bearing VIN # 01110299S that was financed through John Hanson Savings Bank, located in Knoxville, Tennessee. The mobile home was abandoned in 2004 by the prior owner, Lori Shumberger. As I understand, John Hanson Savings Bank was closed in 1991. As reflected on the attached Vehicle Record Abstract, John Hanson Savings Bank remains listed as a lienholder of record against the title to the mobile home. Please consider this fax a written request for a Release of Lien. Additionally, please provide any information regarding the financial institution which currently holds this lien and how I may obtain title to the unit. I can be reached by telephone at 717-509-7283 or email at amh@,bbt-law.com. Thank you for your anticipated cooperation in this matter. I look forward to hearing from you. Since KM.Hovl? Angela AMH/lfg CONFIDENTIAL The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. From the Desk Of... Angela M. Holt Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 http://www.bbt-law.com Phone: (717) 509-7283 Fax: (717) 299-9529 Email: amh@bbt-law.com PE. tiIiSY' VANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 7/21/09 13:56 PAGE 1 092020277000380 002 OWNER LORI A SHUMBERGER LESSEE NONE 19 LUIS LANE TRINDLE MHP MECHANICSBURG PA 17055 TITLE NUMBER 34793834 TAG NUMBER VIN 01110299S MAKE SKYLINE MODEL RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO TITLE DATE : 11/22/82 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *ACTUAL MILEAGE DUPLICATE TITLE COUNT 1 VEHICLE YEAR 1983 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER. NO. 1 NAME : JOHN HANSON SAVING BANK ADDRESS: P 0 BOX 15170 KNOXVILLE TN 37901 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 EXPIRATION DATE: 09/26/21 ABA NO : ELT IND: INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TOO OUT-OF-STATE 717-412-5380 k''WW.DOT.STATE.PA.US 08/27/2009 16:04 FAX 7175091870 BLARINGER,BYLER&THOMAS [a 001 s TX REPORTS TRANSMISSION OR TX/RX NO RECIPIENT ADDRESS DESTINATION ID ST. TIME TIME USE PAGES SENT RESULT 0740 17038121082 08/27 16:04 00'33 2 OR BsykraTh=LW P.C. FACSIMILE To: FDIC Division of Resolutions and Receiverships Fax: 703-812-1082 From: Angela M. Holt Date: August 27, 2009 Pages: 1 File: 00308.064 Please be advised that this office represents Stonemill Property Management in matters relating to the transfer of title for a mobile home unit that has been abandoned. Attached please find documents relating to a 1983 Skyline Mobile Home Unit bearing VIN # 0111 0299S that was financed through John Hanson Savings Bank, located in Knoxville, Tennessee. The mobile home was abandoned in 2004 by the prior owner, Lori Shumberger. As I understand, John Hanson Savings Bank was closed in 1991. As reflected on the attached Vehicle Record Abstract, John Hanson Savings Bank remains listed as a lienholder of record against the title to the mobile home. Please consider this fax a written request for a Release of Lien. Additionally, please provide any information regarding the financial institution which currently holds this lien and how I may obtain title to the unit. I can be reached by telephone at 717-509-7283 or email at amh(a,bbt-law.com. Thank you for your anticipated cooperation in this matter. I look forward to hearing from you. Since ly Angela M. Hol AMH/lfg ?VJ [_C Federal Deposit Insurance Corporation Division of Resolutions and Receivership 1601 Bryan Street, Dallas, TX 75201 Customer Service Department ((888) 206-4662 email: cservicefdicdalfa.fdic.gov 09/09/2009 Blakiner, Byler & Thomas (BB&T) Attn: Angela M. Holt 28 Penn Square Lancaster, PA 17603 RECEIVED SEP 1 4 2009 SUBJECT: FIN# - 1286 -JOHN HANSON FSB Request Number: 2005962900 Your Reference: 2005962900 Subject: Stonemill Property Management Blakinger, Byler & Thomas, P.C. Dear Angela M. Holt: Enclosed please find the following original documents pertaining to the above-described asset: AFFIDAVIT OF LIEN RELEASE INVOICE Receipt of this document will not effectuate the release/transfer of the property until the document is filed with the appropriate Recording Official. The attached document should be filed with the Department of Motor Vehicles. Please see that this document is properly filed. Duplicate requests for documents will incur a charge of $25.00. If you have any questions, please call the Customer Service Center toll-free at 888-206-4662. Otherwise, you may inquire via e-mail, cservicefdicdal(Wdic.gov, please reference your request number. You may also send any future inquiries to "Customer Service" at the address above. Sincerely, Enclosure(s) (ivy t `` -•-' ?,'t ? `V `_'6,? ?./ Sheila Umeh FDIC Customer Service Revised 3/04/03 by K. Willingham FDICe Federal Deposit Insurance Corporation 1910 Pacific Avenue, Dallas, TX 75201 (972) 448-6000 (888) 206-4662 Dallas Field Office - Division of Resolutions and Receivership Customer Service Deaartment FAX (703) 812-1082 email: CServicedal@fdic.gov AFFIDAVIT OF LIEN RELEASE Date: September 9, 2009 State: Pennsylvania Certificate of Title Number: 34793834 On a (Make - Body) SKYLINE - MH Year: 1983 VIN Number: 01110299S Registered Owner(s): LORI A SHUMBERGER I, Priscilla Catapat, Authorized Agent, on behalf of the FEDERAL DEPOSIT INSURANCE CORPORATION, whose address is 1601 Bryan Street, Dallas, Texas 75201, upon Oath, Depose and Say: The undersigned holder of a lien on the motor vehicle described herein does hereby state that the lien and encumbrance described in this Affidavit of Lien Release is released and discharged. FEDERAL DEPOSIT INSURANCE CORPORATION FEDERAL DEPOSIT INSURANCE CORPORATION which pursuant to 12 USC Section 1441a (m) (l), succeeded the Resolution Trust Corporation as Receiver for JOHN HANSON SAVINGS BANK, FSB, BELTSVILLE, MD ("FDIC"). By: ZS Name: iscilla Catapat Title: Authorized Agent STATE OF TEXAS COUNTY OF DALLAS SUBSCRIBED AND SWORN to before me on this September 9, 2009. SHEBA A. l1MEH MY COMMISSION EXPIRES fix AUDW 4, 2012 kc? (ty, Name: Sheila A. Umeh Notary Public Revised 3/02 (Pennsylvania) Affidavit of Lien Release - Vehicle 0 CF ?N r JI-I v TAF?Y 2009 OCT -6 PH 1: 51 CUtylr L- L , y r %4 --y :V *78.50 P.0 AV't Ce 4-TI O'S e a.31s31 lk AMH:LFG 532628.1 (00308.061) 10/12/09 BLAKINGER, BYLER & THOMAS, P.C. By: Angela M. Holt, Esquire Attorney I.D. #209333 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE STONEMILL PROPERTY MANAGEMENT Plaintiff No. 09-6665 Civil Term V. LORI SHUMBERGER and ALAN SHUMBERGER Defendants PLAINTIFF'S MOTION FOR SPECIAL ORDER DIRECTING SERVICE BY PUBLICATION Plaintiff Stonemill Property Management, by and through its attorneys Angela M. Holt, Esquire, and Blakinger, Byler & Thomas, P.C., hereby files this Motion for Special Order Directing Service by Publication pursuant to Pa.R.C.P. 430(a), stating as follows: 1. Plaintiff brings this Quiet Title Action concerning a 1983 Skyline mobile home unit, Model Number 011102995, located in the Trindle Mobile Home Park, 19 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania. A true and correct copy of Plaintiff's Complaint is attached hereto and incorporated herein as Exhibit "A". 2. This motion concerns service of Plaintiffs Complaint upon Defendants Lori Shumberger and Alan Shumberger. 3. The undersigned has attempted to locate the whereabouts of Defendants for purposes of serving them with a copy of the Complaint. Between August 13, 2009 and September 8, 2009, AMH:LFG 532628.1 ( 00308.061 ) 10/12/09 the undersigned attempted to determine the whereabouts of the Defendants as set forth in the Affidavit attached hereto and incorporated herein as Exhibit "B". 4. The undersigned has failed to locate the Defendants or any existing legal representative of these individuals. 5. Accordingly, service cannot be made pursuant to Pa.R.C.P. 400(a) relating to service of original process. 6. Under all of the circumstances set forth in Exhibit "B", Plaintiff proposes to serve Defendants Lori Shumberger and Alan Shumberger by publication under Pa.R.C.P. 430(b)(1). The publication shall run once in the Cumberland Law Journal and once in The Sentinel. 7. Plaintiff believes that service in such manner will constitute proper and sufficient service under Pa.R.C.P. 430 and other rules governing service as set forth in the Pennsylvania Rules of Civil Procedure. 8. No judge has ruled upon any other issue in this matter. WHEREFORE, Plaintiff respectfully requests that this court enter an order granting Plaintiff leave to make service of the Complaint on Defendant Lori Shumberger and Defendant Alan Shumberger pursuant to Pa.R.C.P. 430(a) by publication once in the Cumberland Law Journal and once in The Sentinel. BLAMNGER, BYLER & THOMAS, P.C. Date: B Angela . Holt, squire Attorney I.D. #209333 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff 2 AMH:LFG 524569.1 (00308.061 ) 10/5/09 BLAKINGER, BYLER & THOMAS, P.C. By: Angela M. Holt, Esquire Attorney I.D. #209333 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff 4001 E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE STONEMILL PROPERTY MANAGEMENT Plaintiff No. Cq - tPLA05 0+vit`&1k v. LORI SHUMBERGER and ALAN SHUMBERGER Defendants TO THE WITHIN DEFENDANTS: rr- CJ 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AMH:LFG 524569.1 ( 00308.061 ) 1015!09 Cumberland County Bar Association Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 Telephone: Date: 16':? uq (717) 249-3166 (800) 990-9108 r - Cj k- Angela M. olt, Esquire Attorneys for Plaintiff 2 AMH:LFG 524569.1 (00308.061 ) 10/5/09 BLAKINGER, BYLER & THOMAS, P.C. By: Angela M. Holt, Esquire Attorney I.D. #209333 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE STONEMILL PROPERTY MANAGEMENT Plaintiff No. V. LORI SHUMBERGER and ALAN SHUMBERGER Defendants Plaintiff, Stonemill Property Management, by and through its counsel, Angela M. Holt, Esquire and Blakinger, Byler & Thomas, P.C., hereby files this Complaint, and in support thereof, avers as follows: 1. Plaintiff is Stonemill Property Management, a registered fictitious name with an address of P.O. Box 506, Elizabethtown, Pennsylvania 17022. 2. Defendant Lori Shumberger is an adult individual with a last known address of Trindle Mobile Home Park, 19 Lois Lane, Mechanicsburg, Pennsylvania 17050. 3. Defendant Alan Shumberger is an adult individual with a last known address of Trindle Mobile Home Park, 19 Lois Lane, Mechanicsburg, Pennsylvania 17050. 4. Upon information and belief, Defendants Shumberger are the current titleholders of a 1983 Skyline mobile home unit, Model Number 011102995, located in the Trindle Mobile Home AMH:LFG 524569.1 ( 00308.061) 10/5109 Park, 19 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania (the "Property"). A true and correct copy of the Pennsylvania Department of Transportation Vehicle Record Abstract for the Property is attached hereto and incorporated herein as Exhibit "A". 5. In 2003, Defendants Shumberger failed to pay real estate taxes on the Property. A true and correct copy of the Tax Claim Inquiry issued by the Cumberland County Tax Claim Bureau is attached hereto and incorporated herein as Exhibit "B". 6. In 2004, Defendants Shumberger failed to pay real estate taxes on the Property. A true and correct copy of the Tax Claim Inquiry issued by the Cumberland County Tax Claim Bureau is attached hereto and incorporated herein as Exhibit "B". 7. In or about late 2004, Defendants Shumberger abandoned the Property. 8. As of June 3, 2005, Defendants Shumberger had an outstanding tax claim of $335.44. 9. On or about June 2, 2005, Stonemill Property Management paid Defendant Shumbergers' outstanding tax balance for the year 2003 in the amount of $176.07. 10. On or about June 2, 2007, Stonemill Property Management paid Defendant Shumbergers' outstanding tax balance for the year 2004 in the amount of $159.37. 11. On May 18, 2005, Stonemill Property Management sent a letter to Defendant Alan Shumberger seeking release of the Property and requesting that Defendant forward the signed and notarized title for the mobile home unit. A true and correct copy of the May 18, 2005 letter is attached hereto and incorporated herein as Exhibit "C". 12. Defendant Alan Shumberger failed to respond to the May 18, 2005 correspondence. 13. As evidenced by the Vehicle Record Abstract, John Hanson Savings Bank FSB ("John Hanson") is a lienholder of record against the Property. 2 AMH:LFG 524569.1 (00308.061 ) 10/5109 14. Upon information and belief, as of April 26, 1991, John Hanson is no longer in existence or conducting business. A copy of the FDIC Institution Directory Report for John Hanson is attached hereto and incorporated herein as Exhibit "D". 15. As evidenced by the FDIC Institution Directory Report, John Hanson went into receivership. The Federal Deposit Insurance Corporation was appointed as receiver. 16. On August 27, 2009, counsel for Stonemill Property Management sent a facsimile to the FDIC Division of Resolutions and Receiverships requesting a release of the lien against the property. A copy of the August 27, 2009 facsimile is attached hereto and incorporated herein as Exhibit "E". 17. On September 9, 2009, the FDIC Division of Resolutions and Receiverships sent an Affidavit of Lien Release to counsel for Stonemill Property Management releasing and discharging all liens and encumbrances on the Property. A copy of the Affidavit of Lien Release is attached hereto and incorporated herein as Exhibit "F". 18. Despite the Affidavit of Lien release, the lien remains of record with the Department of Transportation. 19. Pursuant to § 505 of the Mobile Home Park Rights Act, the Property has since been relocated to the National Village Mobile Home Park, Union County, Pennsylvania. WHEREFORE, Plaintiff Stonemill Property Management respectfully requests that this Court, pursuant to Pennsylvania Rule of Civil Procedure 1066, order as follows: a. that the lien held by John Hanson Savings Bank be decreed satisfied and discharged; 3 AMH:LFG 524569.1 ( 00308.061 ) 10/5109 b. that after reasonable notice and opportunity for hearing having been provided to all interested parties, ownership of one 1983 Skyline mobile home bearing Model Number 011102995, be awarded to Stonemill Property Management; C. that the Defendants and any person claiming through the Defendants be forever barred from asserting any right, lien, title or interest in the property inconsistent with the interest or claim of Plaintiff Stonemill Property Management; d. that, absent the filing of an Answer or Objection, the Prothonotary shall be authorized to enter final judgment in favor of Plaintiff Stonemill Property Management upon the Plaintiff's filing of a Praecipe so requesting; e. directing that the Department of Transportation may accept this Order as evidence of ownership in lieu of a Certificate of Title; f. directing Plaintiff Stonemill Property Management to submit the appropriate forms, taxes and fees and comply with any other procedures of the Department of Transportation in order to receive the appropriate Certificate of Title for the property. BLAKINGER, BYLER & THOMAS, AC. Date: 5 By: i C? LI k' k 4 gela M. Holt, Esquire Attorney I.D. #209333 28 Perin Square Lancaster, PA 17603 (717) 299-1100 Attorneys for the Plaintiffs 4 BLAHF.NGER.BYLER&THOKAS VERIFICATION 1900 I, IRVIN H. PEWER, verify that I am a principal in Stonemill Property Management, owner and operator of Trindle Mobile Home Park, and, as such, I am authorized to make this verification on behalf of the proprietorship and that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Irv . Peifer "-/ Dated: _ 2009 EXHIBIT A PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 7/21/09 13:56 PAGE 1 OWNER LORI A SHUMBERGER 19 LUIS LANE TRINDLE MHP MECHANICSBURG PA 17055 092020277000380 002 LESSEE NONE TITLE NUMBER 34793834 TAG NUMBER VIN 01110299S MAKE SKYLINE MODEL RENEWAL WID PREVIOUS TAG LIENS : YES STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : JOHN HANSON SAVING BANK ADDRESS: P 0 BOX 15170 KNOXVILLE TN 37901 NO 2ND OR- 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 TITLE DATE : 11/22/82 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *ACTUAL MILEAGE DUPLICATE TITLE COUNT 1 VEHICLE YEAR 1983 STOLEN DATE EXPIRATION DATE: 09/26/21 ABA NO : ELT IND: INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US EXHIBIT B J:Z4111t5:35 t.:in'+?.SS 1„117 IPIN LL 1:T C. u:I ' i r'M-121X D COtZTS': TAX C: x 21 B_1RZ . ?AGa 1 .91o4y0SW2005 ORE COURI7cmR SgeJ%P CI,7a656 6/0312005 CARLISL'a PA 17013 PHONE 717 340-6366 FAX 711 240-6354 TAX CLAIM INQUIRY .....?+. DIET/CTL 10 8490 .. ... R g M A A K S SHOMBER=, ALAN 42 -19 J LOIS LANE }J ' 19 LOTS LANE -` MECIMICSBURO P31 17050 PA0022 _ NOSILY xCMS PARR Do= -LOT 19 -Mobile Rcmfe - No Land CLRT MAIL-R/C 495105 10-mammBN TOWNSHIP P E B CERT MAIL-SALE 1501904 21160-CO01f88RLAND VALLEY S.D. AG AD MAP NO 10-22-052 5-021 TRO9304 D T STATUS C ACR=Z VALUE 9,610 VALOR C&G 2,210 BUA= IRT ADDED RECEIPT NO TAX PENAT.TS 2vTFRm C S'9-M PAY77ERTS DOE BACK MO DATE CODE D83CRIPTIcw 65 1.97 2.55 19 24.18 .15 01/21/04 200 CTY-HKMPM %W . 99 .10 .17 1.26 .01 01/21/04 250 1x8-NAMPM TNP . 17 28 2 .01 01/21/04 300 MUR-HA_"pww TWP 01/22/04 40D 8CH-CSA488SlLA1ID vally 1.92 .19 . --- 69.30 6.83 11.22 . 106.35 // 5 66 2003 TAX TOTAL 135.07 15 00 01/21/04 201 PILING PES, . 5100 02/23/04 202 POSTAGE RST & CLAIM 04120/04 204 P08TIN0 Rs-':LiRM/CLAIM .- --20.00 7003 FE*_ TOTAL 40.00 2003 Y= TCTALS # BALANCE 176.07 .00 176.0 7 .33 ESTt1Lk D-';ALARCE DUE NSXT NONM - - _ - - - - - 176.90 - • •01/19/05 200 CTY-iWMPOES TWP - - - - - 20.55 - - - - 2.07 _ - - - .75 _ _ 23.47 .15 01 Ol/19/aS 250 LIB-HAbWDEN TWP 1.95 .20 as 2.20 . 01 01119/05 300 MIlQ-HAM D= 'wF 1.92 .19 .05 2.16 . 74 01/20105 400 SCR-COM ORLAZM Vally 98.04 9.80 3.70 111.54 . 2004 TAX TOTAL 139.37 01/19/05 201 PILING M 15.00 02103/05 202 P05TAGS R3:T & CLAIM S.00 05/05/05 204 POSTING RXT^VtN/CLAIM 2004 PER TOTAL 20.00 ' ' CZAR TOTALS & SAIMCE t00 159.37 .00 159.37 .91 11SfiIA+"?'_7?5[g DUE N--.'T MONTH 160.29 - - - - - - - - - - - - - - - - - - - - -CLAIM TOTALS - - - 335.44 - - - - .00 _335.44 1.74 ESTIMATED TOTAL DUE V= MMM MISC RECXIFTS - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXHIBIT C Sto nemill Property 1Vlanaaement P.O. Box 505, Elizabethtown, PA 17022-0506 Phone: (717) 367-5109 • Fax: (717) 361-7425 May 18, 2005 Alan Shumberger Trindle MHP 19 Lois Lane j. Mechanicsburg, PA f17050 i i Dear Mr. Shumberger: RE: 1983 Skyline Model #011102995, Lot 19 Lois Lane, Trindle Mobile Home Park I am writing to confirm that you, Alan Shumberger, no longer have any interest in the mobile home referred to above and that you are hereby releasing the mobile home to Stonemill Property Management. It you receive this letter and agree that this is a true statement, please acknowledge by sending the signed and notarized title to Stonemill Property Management at the address shown above. Sincerely. STONEMiLL PROPERTY MANAGEMENT Irvin H. Peifer, Owner .. IHPLiaQ i Complete items 1, 2, and 3. Also complete it4m 4 if Restricted Delivery is desired. lach nt your name and address on the reverse that we can return the card to you. this card to the back of the maitpiece, or on thw frnnr ii V i -z ster from service label) 7003 3110 0 0 0 0 0 7 0 3 419 3' ?C,m $811 p 9t go pi . i - ._ .. - - - - r- ---r- -'--- --.._-; m ° _ ° d c .: E ' ' Iuu y, gi, t 1 139mestic Return Retei t i ? i ; .. a° g f t t P 102595-02-M-1540 • I ti E6Th E02.0 0000 OTTE E002 0 EXHIBIT D CD 00 M N M U O. CS ai 'C3 O OI 0 ca 8 i.. IE 0 U a Cd -a ti w N 3 3 3 Z?z O as b U A ? I a m a 2 a hj3 N X13 II Z Q Q" a Q p 2 ce irk, O r .rd K Q 2 0 O ur ° UJ Z U Wz 2 ? L O LU o ? A-A o y ILL. rn O O N IM O LL N m L In O D O CD O N = > O o > .r a? CO C) O L o •> r o r m C ? y U c cc t 4) 0 a 00 CD 0)0) ? r 00) <D rn m L 3 C L U) N ? N W O N 4) 00 c O 0 m to -?3 m N t O N f- C fA O +O_ 0 rno co U a c') > N C'q mcno M 0'a (9 Q m U) a) cc (? N N V L a L (D LL c U U cc cc U- nd? N M C v ? ++ Y O cu co m C L 0) .? w Q w U c a) o 'Q A C LL ma r N N t ? 3 C F- N N C O- M O < L -5 O i+ O p O N R 's m = L to O v =vQ c c M L O m co N r Q m c w Z N m E m N `o C Q NQ cn LL Z 0 Q o N ? LL cu U '0 a L 0 O a C C p a cc C a O Q O o U U c6 O U 0 c N = N h v C v U w 0 i Q L 6 C ? .N Q U N a Y • Co i m af O O U N a? ? ? N > c0 O p c 7 r+ 0 C a) m _N V L (D Q 0) >M O ca tt= O a) w a c c o d O t i J m U CO 0 Q• M E w w 0 :3 U o U LL LL. E LL O co c 0 a. .N 0 a 0 N (D aL a Er N c 0 .y a? N 0 3 O Q Q U) H E N LL O a m .Q d j 10 N a? c = N m cn N Q :I O V U tC Q C U o E d L E O Ir r- M U G\ n 0 N ,I EXHIBIT E B1aldngezByk-x&T'hoxnas, P.C. FACSIMILE To: FDIC Division of Resolutions and Receiverships Fax: 703-812-1082 From: Angela M. Holt Date: August 27, 2009 Pages: 1 File: 00308.064 Please be advised that this office represents Stonemill Property Management in matters relating to the transfer of title for a mobile home unit that has been abandoned. Attached please find documents relating to a 1983 Skyline Mobile Home Unit bearing VIN # 01110299S that was financed through John Hanson Savings Bank, located in Knoxville, Tennessee. The mobile home was abandoned in 2004 by the prior owner, Lori Shumberger. As I understand, John Hanson Savings Bank was closed in 1991. As reflected on the attached Vehicle Record Abstract, John Hanson Savings Bank remains listed as a lienholder of record against the title to the mobile home. Please consider this fax a written request for a Release of Lien. Additionally, please provide any information regarding the financial institution which currently holds this lien and how I may obtain title to the unit. I can be reached by telephone at 717-509-7283 or email at amh&bbt-law.com. Thank you for your anticipated cooperation in this matter. I look forward to hearing from you. g ly M. Hol AMH/lfg CONFIDENTIAL The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. From the Desk Of... Angela M. Holt Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 http://www.bbt-law.com Phone: (717) 509-7283 Fax: (717) 299-9529 Email: amh@bbt-law.com PE y^iSYLVANIA DEPARTMENT OF TRANSPORT-.', iON VEHICLE RECORD ABSTRACT 7/21/09 13:56 PAGE 1 092020277000380 002 OWNER LORI A SHUMBERGER LESSEE NONE 19 LUIS LANE TRINDLE MHP MECHANICSBURG PA 17055 TITLE NUMBER 34793834 TAG NUMBER VIN 01110299S MAKE SKYLINE MODEL RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO TITLE DATE : 11/22/82 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING )EACTUAL MILEAGE DUPLICATE TITLE COUNT 1 VEHICLE YEAR 1983 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER, NO. 1 NAME : JOHN HANSON SAVING BANK ADDRESS: P 0 BOX 15170 KNOXVILLE TN 37901 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 EXPIRATION DATE: 09/26/21 ABA NO : ELT IND: INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW.DOT.STATE.PA.US 08/27/2009 16:04 TAX. 7175091870 BLAKINGER,BYLER&THOMAS 0001 *** TX REPORT **?e TRANSMISSION OK TX/RX NO 0740 RECIPIENT ADDRESS 17038121082 DESTINATION ID ST. TIME 08/27 16:04 TIME USE 00,33 PAGES SENT 2 RESULT OK H BYW&nWM3M P.C. FACSIMILE To: FDIC Division of Resolutions and Receiverships Fax: 703-812-1082 From: Angela M. Holt Date: August 27, 2009 Pages: 1 File: 00308.064 Please be advised that this office represents Stonemill Property Management in matters relating to the transfer of title for a mobile home unit that has been abandoned. Attached please find documents relating to a 1983 Skyline Mobile Home Unit bearing VIN # 01110299S that was financed through John Hanson Savings Bank, located in Knoxville, Tennessee. The mobile home was abandoned in 2004 by the prior owner, Lori Shumberger. As I understand, John Hanson Savings Bank was closed in 1991. As reflected on the attached Vehicle Record Abstract, John Hanson Savings Bank remains listed as a lienholder of record against the title to the mobile home. Please consider this fax a written request for a Release of Lien. Additionally, please provide any information regarding the financial institution which currently holds this lien and how I may obtain title to the unit. I can be reached by telephone at 717-509-7283 or email at amhna.bbt-law.com. Thank you for your anticipated cooperation in this matter. I look forward to hearing from you. Since ly Angela M. Hol AMRUg EXHIBIT F FDIC Federal Deposit Insurance Corporation Division of Resolutions and Receivership 1601 Bryan Street, Dallas, TX 75201 Customer Service Department ((888) 206-4662 email: cservicefdicdal@fdic.aov 09/09/2009 Blalciner, Byler & Thomas (BB&T) Attn: Angela M. Holt 28 Penn Square Lancaster, PA 17603 RECEIVED SEP 1 4 2009 SUBJECT: FIN# - 1286 -JOHN HANSON FSB Request Number: 2005962900 Your Reference: 2005962900 Subject: Stonemill Property Management Blakinger, Byler & Thomas, P.C. Dear Angela M. Holt: Enclosed please find the following original documents pertaining to the above-described asset: AFFIDAVIT OF LIEN RELEASE INVOICE Receipt of this document will not effectuate the release/transfer of the property until the document is filed with the appropriate Recording Official. The attached document should be filed with the Department of Motor Vehicles. Please see that this document is properly fded. Duplicate requests for documents will incur a charge of $25.00. If you have any questions, please call the Customer Service Center toll-free at 888-206-4662. Otherwise, you may inquire via e-mail, eservicefdicdal(@fdic.gov, please reference your request number. You may also send any future inquiries to "Customer Service" at the address above. Sincerely, Enclosure(s) ?- y Sheila Umeh FDIC Customer Service Revised 3/04103 by K Willingham 11 ? 01 ?q Federal Deposit Insurance Corporation 1910 Pacific Avenue, Dallas, TX 75201 (972) 448-6000 (888) 206-4662 Dallas Field Office - Division of Resolutions and Receivership Customer Service Deaartment FAX (703) 812-1082 email: CServicedal@fdic.gov AFFIDAVIT OF LIEN RELEASE Date: September 9, 2009 State: Pennsylvania Certificate of Title Number: 34793834 On a (Make - Body) SKYLINE - MH Year: 1983 VIN Number: 011102995 Registered Owner(s): LORI A SHUM 3ERGER I, Priscilla Catapat, Authorized Agent, on behalf of the FEDERAL DEPOSIT INSURANCE CORPORATION, whose address is 1601 Bryan Street, Dallas, Texas 75201, upon Oath, Depose and Say: The undersigned holder of a lien on the motor vehicle described herein does hereby state that the lien and encumbrance described in this Affidavit of Lien Release is released and discharged. FEDERAL DEPOSIT INSURANCE CORPORATION FEDERAL DEPOSIT INSURANCE CORPORATION which pursuant to 12 USC Section 1441a (m) (I), succeeded the Resolution Trust Corporation as Receiver for JOHN HANSON SAVINGS BANK, FSB, BELTSVILLE, MD ("FDIC"). By:tt.u?" Z Name: scilla Catapat Title: Authorized Agent STATE OF TEXAS COUNTY OF DALLAS SUBSCRIBED AND SWORN to before me on this September 9, 2009. 3NElLA A. U EH MY COMMISSION EXPIRES - AtgW 4, 2012 Name: Sheila A. Umeh Notary Public Revised 3/02 (Pennsylvania) Affidavit of Lien Release - Vehicle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE STONEMILL PROPERTY MANAGEMENT Plaintiff No. 09-6665 Civil Term V. LORI SHUMBERGER and ALAN SHUMBERGER Defendants AFFIDAVIT OF ANGELA M. HOLT CONCERNING THE WHEREABOUTS OF DEFENDANT LORI SHUMBERGER AND DEFENDANT ALAN SHUMBERGER The undersigned, being duly affirmed according to law, deposes and says that: I am an attorney representing Stonemill Property Management, Plaintiff in the above captioned Quiet Title Action. 2. A Complaint was filed against the Defendants on October 6, 2009. 3. The last known address of Defendant Lori Shumberger is Trindle Mobile Home Park, 19 Lois Lane, Mechanicsburg, Pennsylvania 17050. Defendant Lori Shumberger no longer resides at this address. 4. Pursuant to Pa.R.C.P. 430, Plaintiff made a good faith effort to locate Defendant Lori Shumberger by submitting to the United States Postal Service on August 13, 2009 a Request for Change of Address or Boxholder Information Needed for Service of Legal Process, which yielded no forwarding address. A copy of the Request for Change of Address or Boxholder Information Needed for Service of Legal Process, with the Post Office's response indicated thereon, is attached hereto and incorporated herein as Exhibit "I". AMH:LFG 532628.1 ( 00308.061 ) 10/12/09 5. Pursuant to Pa.R. C.P. 430, Plaintiff made a good faith effort to locate Defendant Lori Shumberger by submitting to Cumberland County Voter Registration on September 8, 2009 a letter requesting the current address on file with Voter Registration for Defendant Lori Shumberger, which yielded no forwarding address. A copy of the letter with Cumberland County Voter Registration's response handwritten thereon, is attached hereto and incorporated herein as Exhibit "2". 6. An internet and phone record search has not revealed any information concerning Defendant Lori Shumberger. 7. The last known address of Defendant Alan Shumberger is Trindle Mobile Home Park, 19 Lois Lane, Mechanicsburg, Pennsylvania 17050. Defendant Alan Shumberger no longer resides at this address. Pursuant to Pa.R.C.P. 430, Plaintiff made a good faith effort to locate Defendant Alan Shumberger by submitting to the United States Postal Service on August 13, 2009 a Request for Change of Address or Boxholder Information Needed for Service of Legal Process, which yielded no forwarding address. A copy of the Request for Change of Address or Boxholder Information Needed for Service of Legal Process, with the Post Office's response indicated thereon, is attached hereto and incorporated herein as Exhibit "3". 9. Pursuant to Pa.R.C.P. 430, Plaintiff made a good faith effort to locate Defendant Alan Shumberger by submitting to Cumberland County Voter Registration on September 8, 2009 a letter requesting the current address on file with Voter Registration for Defendant Alan Shumberger, which yielded no forwarding address. A copy of the letter with Cumberland County Voter Registration's response handwritten thereon, is attached hereto and incorporated herein as Exhibit "2". 2 AMH:LFG 532628.1 ( 00308.061) 10/12/09 10. An internet and phone record search has not revealed any information concerning Defendant Alan Shumberger. Angela M. olt, E uire Attorney for Plaintiff Stonemill Property Management Sworn to before me this the B day of _,2009. i 4otaryPublic COMMONWEALTH OF PENNSYLVANL4 Nohrhl Seal Use F. Gorgon, Notary Public c y of lancestor County MYC Member, p 2012 Associatlon of Notaries 3 August 13, 2009 Postmaster Mechanicsburg, PA 17050 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if boxholder) for the following: Name: Lori Shumberger Address: 19 Lois Lane. Mechanicsburg. PA 17050 (NOTE: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is no fee charged for change of address or boxholder information. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Stonemill Property Management v. Lori Shumberger; Alan Shumberger and John Hanson Saving Bank 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, Pennsylvania 5. The docket of other identifying number if one has been issued: Not yet filed 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant "WARNING" THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN FIVE (5) YEARS OR BOTH (TITLE 18 U.S.C. § 1001). 1 certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Blakinger, Byler & Thomas, P.C. 28 Penn Square An ela M" Holt, E uir Lancaster, PA 17603 FOR POST OFFICE USE ONLY No change of address order on file Not known at address given Moved, left no forwarding address No such address AMH:LFG 526825.1 (00308.064) 8113/09 x*&'% NEW ADDRESS OR BOXHOLDER'S NAME AND STREET ADDRESS A. `?ua? p.4 - m AM 2 4 2009 anon Blakinger,Byler&Thomas, P.C. Attorneys at Law James H. Thomas Frank P Mincarelli Stephen M. Kraybill Dan A. Blakinger Barry A. Solodky Susan E. Grosh Frank J. Vargish, III George T. Cook Jesse C. Robinson Kim Caner Paterson Theresa A. Mongiovi Richard B. Posey Edward L. Miller Aaron S. Marines Susan P Peipher Aaron D. Hollis* Jonathan R. Hofstetter Randall M. Justice Brian R. Wilson Angela M Holt N *LL.M. in Taxation M Retired Richard J. Blakinger Michael D. Bull M 28 Penn Square Lancaster, PA 17603 717-299-1100 Fax 717-299-9529 http://www.bbt-law.com September 8, 2009 Cumberland County Voter Registration 310 Allen Road, Suite 101 Carlisle, PA 17013 Re: Request for voter registration records Dear Sir or Madam: Writer's Direct Dial Number: (717) 509-7283 E-MAIL: amh@bbt-law.com Pursuant to Rule 430 of the Pennsylvania Rules of Court, I am required to exhaust all good faith efforts to locate a defendant in a civil action before I can serve that defendant by publication, including "examinations of local telephone directories, voter registration records, ...." Please provide the current address that is on file with the Cumberland County Voter Registration for the following individuals: Lori Shumberger Alan Shumberger Charles B. Grove, Jr. (1958-1985) I have enclosed a return envelope for your use in providing me with copies of any Samuel S. Wenger current address information you may have for these individuals, or your statement that (1938-1989) no address is on record if that is the case. M. Elvin Byler (1965-1992) I appreciate you assistance in this matter. Please do not hesitate to contact me if you have any questions or need any further information. dSincerel , Angela M. Holt AMH:Ifg cc: Stonemill Property Management #528821.1/00308.064 C cs _ A,- n i LkA August 13, 2009 Postmaster Mechanicsburg, PA 17050 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if boxholder) for the following: Name: Alan Shumberger Address: 19 Lois Lane. Mechanicsburg, PA 17050 (NOTE: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxhokter information. The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is no fee charged for change of address or boxholder information. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Stonemill Property Management v. Lori Shumberger, Alan Shumberger and John Hanson Saving Bank 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, Pennsylvania 5. The docket of other identifying number if one has been issued: Not yet filed 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant "WARNING" THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN FIVE (5) YEARS OR BOTH (TITLE 18 U.S.C. § 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Blakinger, Byler & Thomas, P.C. ' 28 Penn Square Angela M. Holt, E qu Lancaster, PA 17603 FOR POST OFFICE USE ONLY No change of address order on file NEW ADDRESS OR BOXHOLDER'S D6URG Pq I, Not known at address given NAME AND STREET ADDRESS os Moved, left no forwarding address zo No such address Itllf; 9 A WM °"R AMH:LFG 526824.1 (00308.064) 8113/09 LEE, nr t F Z I Y 200 OCT 15 P,G' G. 2 CUM, PENN S7'L`f'ir'! `\If I OCT 16 2009( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE STONEMILL PROPERTY MANAGEMENT Plaintiff V. LORI SHUMBERGER and ALAN SHUMBERGER Defendants No. 09-6665 Civil Term ORDER And now, this It* day of 0 Z;? , 2009, upon consideration of the Plaintiff s Motion for Special Order Directing Service by Publication pursuant to Pa.R.C.P. 430(a), and it appearing to the Court that Plaintiff has made a good faith effort to locate Defendants Lori Shumberger and Alan Shumberger, Plaintiff's motion is granted. IT IS HEREBY ORDERED that Plaintiff shall make service of the Complaint on Defendant Lori Shumberger and Defendant Alan Shumberger by publication pursuant to Pa.R.C.P. 430(b)(1). The publication shall run once in the Cumberland Law Journal and once in The Sentinel. Counsel for Stonemill Property Management shall provide proof ice of s h service by publication. J. t EO....,'..:i 4 iv.:l -F THE X0 99 6C'T 19 y d 2° ; 8 AMH:LFG 535109.1 ( 00308.061 ) 1113/09 .. GTNAL BLAKINGER, BYLER & THOMAS, P.C. By: Angela M. Holt, Esquire Attorney I.D. #209333 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE STONEMILL PROPERTY MANAGEMENT Plaintiff No. 09-6665 Civil Term V. LORI SHUMBERGER and ALAN SHUMBERGER Defendants PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned matter. BLAKINGER, B ER & THOMAS, P. C. Date: 3 /bq B ngela Holt, squire Attorney I.D. #209333 AMH:LFG 535109.1 ( 00308.064) 11/3/09 0 €ILEU,:., FACE OF THIE F""WTARY 2009 NOV -5 PM 12: 44 CUME? t?IjtJNTY N SYL1iANLA $1 o. oo !Pb A-ri" ce 4Ia44 U* .133043 FILED-OFFICE BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC '' 'HIE PROTHONOTAR By: Angela H. Sanders, Esquire 2913 SEP 24 AM 9: 18 Attorney I.D. No. 209333 480 New Holland Ave, Suite 6205 CUMBERLAND COUNTY Lancaster, PA 17602 PENNSYLVANIA 717/945-5745(Phone)/717/945-5764(Fax) Attorneys for Plaintiff AngelaS @bcgl-law.com STONEMILL PROPERTY IN THE COURT OF COMMON PLEAS MANAGEMENT OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. No. 09-6665 LORI SHUMBERGER and ALAN Civil Term — QUIET TITLE SHUMBERGER Defendants PRAECIPE TO THE PROTHONOTARY: As no Answer or Objection has been filed to the Court's Order of February 2, 2010, please enter final judgment in favor of Plaintiff Stonemill Property Management pursuant to Pa.R.C.P. 1066(b)(1). BRUBAKER CONNAUGHTON GOSS & LUCARELLI LLC Date: 3 I? By:�3" Ange H. San ers, uire Attorney I.D. #209333 480 New Hollan venue, Suite 6205 Lancaster, PA 17602 Phone: 717-945-5745 Fax: 717-945-5764 Email: AngelaS @bcgl-law.com aN„{-4-1ki --zpam C-Ltk L r� 37211 � }a(1(Q 00o