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HomeMy WebLinkAbout04-3040 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTffF UNION FEDERAL BANK OF INDIANAPOLIS 7500 WEST JEFFERSON BLVD FORTWAYNE,IN 46801 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM NO. ()tI- 3o~ Ca;J v. CUMBERLAND COUNTY DERRICK F. CLEMMER 207 GEARY AVENUE NEW CUMBERLAND, PA 17070 DANIELLE R. CLEMMER AAUA DANIELLE RAE CALTRIDER AAU A DANIELLE RAE CORBIN 207 GEARY AVENUE NEW CUMBERLAND, PA 17070 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ff 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. ff YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 94964 File #: 94964 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is UNION FEDERAL BANK OF INDIANAPOLIS 7500 WEST JEFFERSON BLVD FORT WAYNE, IN 46801 2. The name(s) and last known address(es) of the Defendant(s) are: DERRICK F. CLEMMER 207 GEARY AVENUE NEW CUMBERLAND, PA 17070 DANIELLE R. CLEMMER NKlA DANIELLE RAE CALTRIDER NKI A DANIELLE RAE CORBIN 207 GEARY AVENUE NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/27/2003 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. 1820, Page 1165. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2004 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 aU interest due thereon are coUectible forthwith. File #: 94964 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 06/29/2004 (Per Diem $21.06) Attorney's Fees Cumulative Late Charges 06/27/2003 to 06/29/2004 Cost of Suit and Title Search Subtotal $99,200.25 3,811.86 1,250.00 142.80 $ 550.00 $ 104,954.91 Escrow Credit Deficit Subtotal TOTAL 0.00 1,395.25 $ 1.395.25 $ 106,350.16 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 106,350.16, together with interest from 06/29/2004 at the rate of $2 1.06 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. FED]] AND PHELilj~ By: ~t.H.Jlm:n - FRA FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 94964 ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of C1.UXlberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 21.34 feet south from the sout:heaatern corner of Geaty Avenue and a 20 foot wide alley; thence southward along the line of Geaxy Avenue, 23,15 feet to a point; thence eastwardly on a line at right angles with GeaJy Avenue, 114.7 feet to a 10 foot wide alley; thence northwardly along the line of $Sid alley, 23.15 feet; thence in a westerly direction on a line at right angles with said alley. 114.7 feet through the center of a partition wall dividing a 2/1-2 story double dwelling house to GellIy Avenue, the place of BEGINNING. BEING known and numbered as 207 Geary Avenue, New Cumberland, Pennsylvania. UNDER AND SUBJECT to all restrictions and easements of record. BEING THE SAME PREMISES which Rodney G. Clementll and Angela. M. Clements, husband and wife, by Deed dated February 5, 1999 and reoorded February 8, 1999 in the Office of the Recorder of Deeds in and for Cumbedand County, Pennsylvania, in Deed Book 193, Page 1067, granted and conveyed unto Greg A. Alt, an unnw:ried person. The said Greg A. Alt has since intermarried with Jamie Alt, who joins in this conveyance to divest all right, title and interest in said property. VERlFICA TION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. ::tr~ ~ /4# Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: (er&7/OL{ -~ ~ '-',,', ~ ~ 'J' ~ \,-" ('\' -- r I - ~. ~. c... ~ l" ~ "':I e;..\ ~ "- '\ ~ ...... \ ~ 'Z"\. \J " 'oj ~ l~ '" '- w ~ \J t SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-03040 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UNION FEDERAL BANK OF INDIANAP VS CLEMMER DERRICK F ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CLEMMER DERRICK F but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , CLEMMER DERRICK F 207 GEARY AVENUE NEW CUMBERLAND, PA 17070 PER POST OFFICE, NEW ADDRESS IS 5162 TIVERTON CT. FREDERICK, MD 21703. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13 .32 5.00 10.00 .00 46.32 So a.n. swe. r~/7 ~7~ .~/~~-~ R. Thomas Kline Sheriff of Cumberland .,- .= ~/ County FEDERMAN & PHELAN 07/19/2004 Sworn and subscribed to before me this .n ...J- day of {~ Jrroy A.D. fl (2 '""ih.,p,.., ~. pro~~ry ) SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-03040 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UNION FEDERAL BANK OF INDIANAP VS CLEMMER DERRICK F ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CLEEMER DANIELLE R / DANIELLE RAE CALTRIDER/DANIELLE CORBIN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , CLEEMER DANIELLE R / DANIELLE RAE CALTRIDER/DANIELLE CORBIN 207 GEARY AVENUE NEW CUMBERLAND, PA 17070 PER POST OFFICE, NEW ADDRESS IS 5162 TIVERTON CT. FREDERICK, MD 21703. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: v~;? R. Thomas Kline Sheriff of Cumberland County 6.00 .00 5.00 10.00 .00 21.00 FEDERMAN & PHELAN 07/19/2004 Sworn and subscribed to before me this .;2/vaA- day of ~ .;1117),/ A.D. r. ) Q /hal,. j "~nC pr~ary I -~ 0'" 3~ >- w~~ "'...31 ~u a.. V>wJ! ....., . ~i$e I- V) '0... zu~ <(~c -:=t,g '" w w &: 'E j$'5 ~~ , AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF UNION FEDERAL BANK OF INDIANAPOLIS DEFENDANT DERRICK F. CLEMMER DANIELLE R. CLEMMER AfKJA DANIELLE RAE CALTRlDERAfKJA DANIELLE RAE CORBIN NO. 04-3040 CIVIL TYPE OF ACTION xx. M:~rtgage Foreclosure "xx. Civil Action , , SERVE AT: 5162 TlVERTON COURT FREDERICK, MD 21703 SF,RVIW Served and made known to Dlth i e tie. C\. Qeh<\.rner , Defendant on the l day of ~I.L<;'+ -, 2W~ at tJ: o~ - o'clock,p--. M., a '5flo~:-lI-"tr+o~ . FnoJeriC,j'c.. fY\.l) -=>no~ , City in the manner described below: Defendant personally served. --V Adult family member with whom Defendant(s) reside(s). - Relationship is _h.t.f","'~ {}~riGl(. CL-i-tn.,..,e.,.-- . _Adult in charge of Defendant's residenbe who refused to give name/relation~hip. Manager/Clerk of place of lodging in whicq Defendant(s) r~sid~(s) ,. . . _Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. , .' Other: -rele...~! \ I,~t"(t..~ ,a competent adult, being duly sworn accorqingto law, depose and state that I personallyhandedto bevV"tc.1c-Ct~nte- '" _ a true and correct copy of the c. <vc.. .. C.iVll rtc. 'h '_ issued in the captioned case on *~ date and t tlie address in lcat b l~/J' ~~ SWOI;ll ((rand subscrib.ed (/ , ~_ ae{ore me this 13. slay Of~ ' J{) l:N, ""I A L I NOtary:''''l2\~a::. iI' " ,;' qc:.s:~ ~~ ~ NOT SF,RVRO On the day of : 10_, at _.M., Defendant NOT FOUND because: ." _Moved _Unknown ~No Answer o'clock Other: Vacant Sworn to and subscribed Before me the Of Notary: day ,20_. Not Sprvpd lly: FEDERMAN AND PHELAN, LLP Attorneys For Plaintiff Frank Federman, Esquire - I.D.#12248 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 Q c ;?'" .- -1r-\-1 ,-Tiffl 2_:r:J ZC' :!~-~':;::' c:::C) 'J;. -~ ,-->l,.j :;;0 S; ~ ~ ~ .,.". c:: c;> w o ~ ~:n .- -om :09 So :-:c:B o .C?O 5ff'! '-'-\ ". ~ -c ::s: ~ w u:> AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF UNION FEDERAL BANK OF INDIANAPOLIS DEFENDANT DERRICK F. CLEMMER DANIELLE R. CLEMMER AlKJA DANIELLE RAE CALTRIDER AlKJA DANIELLE RAE CORBIN NO. 04-3040 CIVIL TYPE OF ACTION .xx. Mortgage Foreclosure .xx. Civil Action SERVE AT: 5162 TIVERTON COURT FREDERICK, MD 21703 SRRVlm Served and made known to i:~~yrjLlc.. t="": CLe~ , Defendant on the -=Ldayof f'1\~/a:t ,20&t~~02- ~ . - o'clock,R. M., a 51b~ ':r1lT"~ G t M-:e../U..rt'c./::;. mD ~ , City in the manner described below: .......... Defendant personally served. _Adult family member with whom Defendant(s) reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s) _Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: leks~ .b l:-\- ~ , a competent adult, beil:l$ duly ~worn according to law, depose and state that I o :gersonally handed to -.Mt"""'A Ii A.f \ lJb-rl ',. ~~atrueandcorrectcopyofthe mil 6S,v ~~.Jll t\t.ft ~ )sued in the captioned case on the date and t the addre s indi te ab 'r.. w~E if 0 Iworn to and subscribed ~ ~ iefore me this ~ day l;;"'~f~2 ~ ~ ~otary: .. ~i2 .~ >- 's i:!!~n the day of ,20_, at o'clock 2 ~.M., Defendant NOT FOUND because: _Moved _Unknown _No Answer Vacant Other: Sworn to and subscribed Before me the Of Notary: day ,20_. Not Sprvptl Ry: FEDERMAN AND pm~LAN, LLP Attorneys For Plaintiff Frank Fedennan, Esquire - I.D.#12248 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, P A 19103-1799 (215)563..7000 (') ...... ~ = ~: "'" .;:- ~,,;'~'F ~ :I! ,.,::D 2':-J~' V> -o~ ~iii, (,) Cl 5 --l ~:i~.' -" :t:~ .,J' ~-40 .~rn ;P-c:: r:-;> 0 -. ~ c...> ~ \.0 ,-. FEDERMAN AND PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 UNION FEDERAL BANK OF INDIANAPOLIS 7500 WEST JEFFERSON BOULEVARD FORT WAYNE, IN 46801 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-3040 CIVIL DERRICK F. CLEMMER DANIELLE R. CLEMMER A/KJA DANIELLE RAE CALTRIDER A!KJA DANIELLE RAE CORBIN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DERRICK F. CLEMMER and DANIELLE R. CLEMMER AlKfA DANIELLE RAE CALTRIDER AlKfA DANIELLE RAE CORBIN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 6/30/04 to 9/13/04 TOTAL $106,350.16 $1,600.56 $107,950.72 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. .1;Q~~~~~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. _ j) DATE: ~~. 114 ~ (1juLt4.)~ ~~ t PROPROTHY c1 FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ, Id. No. 12248 LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., [d. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 'i) 'i61-7000 ATTORNEY FOR PLAINTIFF UNION FEDERAL BANK OF INDIANAPOLIS Plaintiff :COURTOFCO~ONPLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DERR1CKF.CLE~ER DANIELLE R. CLE~ER A/KJ A DANIELLE RAE CALTRIDER A/KJA DANIELLE RAE CORBIN Defendants : NO. 04.3040 CIVIL TO: DERRICK F. CLEMMER 5162 TIVERTON COURT FREDRICK, MD 21703 DATE OF NOTICE: ATJGTTST 26, 2004 TIfIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIfIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTIf AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIfIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ,..,.-' ~\t. \J'" \ ~271~ fi . FEDERMAN, ESQUIRE ( LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff / FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 '>) '>61-7000 ATTORNEY FOR PLAINTIFF UNION FEDERAL BANK OF INDIANAPOLIS Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DERRICK F. CLEMMER DANIELLE R. CLEMMER AlK/A DANIELLE RAE CALTRIDER AlK/A DANIELLE RAE CORBIN Defendants : NO. 04-3040 CIVIL TO: DANIELLE R. CLEMMER AfKfA DANIELLE RAE CALTRIDER AfKfA DANIELLE RAE CORBIN 5162 TIVERTON COURT FREDRICK, MD 21703 DATE OF NOTICE: ~IfGIfST 26,211114 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION r 32 SOUTH BEDFORD S1REET t CARLISLE, P A 17013 / (800)990-9108/ ",.....' \ ~\.~ ~ 4' AFFIIM VIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF UNION FEDERAL BANK OF INDIANAPOLIS DEFENDANTl?F;~~i~~~I~, DANIELLER tLitKiMER A/K1A DANIELLE RAE CALTRIDER A/KJ A DANlELLE RAE CORBIN NO. 04-3040 CIVIL TYPE OF ACTION xx... Mortgage Foreclosure xx... Civil Action SERVE AT: 5162 ','.::i:<:Y'.":"~'" FItE SRRVIW Served and made known to lJ2yYic.1c.. t:""': Cle~ , Defendant on the 0....\: day of Il.u..all.~ r , 20efat q: 02- _ o'c1ock,\L. i1: arT 51 b~ -Ti v~ G. ~ljic.J;:. rnD ~ ' City in the manner described below: _Defendant personally served. _Adult family member with whom Defendant(s) reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s) _Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: lek.s~ .b l:-\ ~ , a competent adult, beills duly sworn according to law, depose and state that I ~ lllCrsonally handed to b&I~, l.>f.I'Y"ic.Jt. ~ ~ a true and correct copy ofthe rnW'tz:l~ 6~tJ.... ~ l t\c. ti ~ .!;sued in the captioned case on the date and ':It the addre s indi te ab w~E ~ C5 <<Worn to and subscribed ; ~ 'iefore me this ~ day lUl;)tf~2 ~ ~ 'otary: . ~~:~ NOT S ,RVRO i$~the day of , 20_, at o'clock 2 ~.M., Defendant NOT FOUND because: _Moved _Unknown _No Answer Vacant Other: Sworn to and subscribed Before me the Of Notary: day ,20_. N/lt Served Ry: FEDERMAN AND PHELAN, LLP Attorneys For Plaintiff Frank Federman, Esquire - I.D.#12248 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 ~ 0'" ZO ~: '" ~ wH 0..,.,2 -U 0.. :I: ~ Cl)w.V) .1- ~ ~$e ..... (1)"-5.. wU" Z::ow <co c: -- => .2 0..= ~(E ",.E 0-8 z~ AFFIJ)A VIT OF SERVICE - CUMBERLAND COUNTY PLAINTIFF UNION FE.oERAL BANK OF INDIANAPOLIS DEFENDANT DERRICK f. CLEMMER ~w,; ." NO. 04-3040 CIVIL .TYPE OF ACTION xx.. M.~ttgage Foreclosure xx.. Civil Action , SERVE AT: SRRVRD Served and made known to DIth i e lie. ~. a.ern.rner , Defendant on the l day of PM.4t.l.':,,+ , 2012!i at a: 02- _o'clock,p-.M~at' 51l.::Q. ~"tr+oh. Of. Frt7.d-e.riUc. rnt> d170~ , City in the manner described below: Defendant personally served. V Adult family member with whom Defendant(s) reside(s). Relationship is hH;.~~ l\e.r-riclc. CL-l.tn.,...e,,- _Adult in charge of Defendant's residenb{who refused tQ give namelreiation~hip I . i., Manager/Clerk of place ofIodging in ~hic~ befendant(s,) rrsidf{s) " . . _Agent or person in charge of Defel)dant's office or uS!Jill.place of business. and officer of said defendant company. '..- Other: -z:e le",,+e.- , I ," /.' I, "' ~ ~~ , a competent adult, being duly sworn acconjing .to law, depose and state that I personally handed to bevv-r c.k- a"'h\n-te-.r , .' _atrueandcorrectcopyoftherhl\"'-h!"~ tv<. ~ CiVil Ac.t.~ issued in the captioned case 0)1 tj1~ date and ~t tJie address in Icat b " SW~p, tel'and subscri~d ij.efore me this ~ slay Off.lJM:. ' I, 2<hO:t. . \\.~l,ik,' ~ Notary"Wr- On the day of .M., Defendant NOT FOUND because: - -'. \ I' ,.~ _Moved ~Unknown ~No Answer Other: \1 \ ' ek.s.{e b(~ NOTSRRViRD ; 20-,-, at ,". o'clock Vacant Sworn to and subscribed Before me the Of Notary: day ,20_. Not SpryI'd By: FEDERMAN AND PlIELAN, LLP Attorneys For Plaintiff Frank Federman, Esquire - I.D.#12248 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, P A 19103- I 799 (215)563-7000 C 7d (J ~ tJ- *- ~ :-0 _ 0 C' ..... W 0 r ~ ~ -cJ ~ c..v ~ P- QJ '" ...0 1:: - . --f.. .....), f=- t- l" , ~.c-:-:; . '; ..1_- ";1 (..'-, '.; _ "f"I'" 1',) , ,', .; I'J FEDER]dANandPHELAN,LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF UNION FEDERAL BANK OF INDIANAPOLIS 7500 WEST JEFFERSON BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-3040 CIVIL DERRICK F. CLEMMER DANIELLE R. CLEMMER A/KJA DANIELLE RAE CALTRIDER A/KIA DANIELU: RAE CORBIN Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DERRICK F. CLEMMER is over 18 years of age and resides at, 5162 TIVERTON COURT, FREDERICK, MD 21703. (c) that defendant DANIELLE R. CLEMMER AlK/ A DANIELLE RAE CALTRIDER AlK/ A DANIELLE RAE CORBIN is over 18 years of age, and resides at, 5162 TIVERTON COURT, FREDERICK, MD 21703. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. < I l1~~s~~ Attorney for Plaintiff 1V~ Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center .. Military Status Report _ Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status CLEMMER Currently not on Active Military Duty, based on the Social Security Number and last name provided. SEP-13-200408:00:27 I Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches ofthe Military. ~~U-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel tbat the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https://www.dmdc.osd.miVudpdri/owaJsscra.prc_Select 9113/2004 FEDERMAN and PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF UNION FEDERAL BANK OF INDIANAPOLIS Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DERRICK F. CLEMMER DANIELLE R. CLEMMER AfK/A DANIELLE RAE CALTRIDER NK/A DANIELLE RAE CORBIN NO. 04-3040 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o 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 unsworn falsification to authorities. , ~' \ Q..! ~~OJ~ ~IEL ~MIEG, ES . U Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 UNION FEDERAL BANK OF INDIANAPOLIS Plaintiff, v. No. 04-3040 CIVIL DERRICK F. CLEMMER DANIELLE R. CLEMMER AlK/A DANIELLE RAE CALTRIDER AlK/A DANIELLE RAE CORBIN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $107,950.72 Interest from 9/14/04 to 3/2/05 (per diem -$17.75) $3,017.50 and Costs TOTAL $110,968.22 \\~~~~I\'J DUJ' ~IEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ...:$ z oz < oo~ 0 <~ .... ~;;: ~< ,... ... ~ ""'00 0 Cl::<Cl::~ U llo.z ~ r-lCl::r-l~ ~'E Zz ~r-l~ Or-l ~f!l r-l = ~~~O '" ~llo. ... <= ~ . ~..... r-l~,...u 0" oi: ~~ ""'r-l~r-l ., ,... ... .; u..... ~ ~~ uz .. ..;uu ...~ r-l~ ~ci~~ ~~ 00 ~.... Cl:: ~ ,...u r;:~ ur-l ..... Cl::~ ~~r-lr:: 01:: ~~ z~ ... <= 0 r-lr::~~ r-lE, 8; .... ~~r::~ llo. z .... U r-lr-l ~ ~~ ~ =~ ,...~ ~ z~ llo. ....u <,,""'") ~ C'J ... , - -:if/! 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TIIAT CERTAXN LOT OR PIECE OF LAND SITU.M'8 IN THE BOROUGlI OF NEW COMBBRLAND, COUNTY OF CUMBERLAND, AND COMMONIIEALTII OF PENNSYLVANIA, BOUNDED AND DESCRIBED .AS FOLLOWS, TO WIT: BEGINNING AT A POINT :21.34 FEET SOUTH FROM TIlE SOUTHEASTERN CORHBR OF GEARY AVENUE AND A 20 FOOT WIDE ALLEY i THENCE SOUTHWARD AlDNG THE LINE OF GEl\RY AVENUE, 23.15 FEET ro A POINT; THENCE EASTWARDLY ON A LINE AT RIGHT ANGLES WITH GEARY AVENUE, 114.7 FEET TO A 10 ~T WIDE ALLEY; THENCE NORTHWARDLY AlDNG THE LINE OF SAID ALI&Y, 23.15 FEET; THENCE IN A WESTERLY DIRECTION ON A LINE AT RICET ANaLE WITH 8AID ALLEY 114.7 FEET THROUGH THE CENTER OF A PARTITION WALL DIVIDING A 2-1/2 STORY DOUBLE DWm.LING HOUSE TO GElIRY AVENUE, THE PLACE OF BBGINIUNG. BEING THE SAME PROPERTY CONVEYED TO DIlRRICK F. CLEtlMIlR AND DANIm.LE CLElU'lER, HUSBAND AND WIFE BY DEED FROM GRIlG A. ALT AND JAMiB ALT, HOSBAHD AND WIPB RECORDED 07/01/2003 IN DERD BOOK 257 Pl\I3E 4388, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUIlTY, PENNBYLVJ\NIA. TAX IDt 25-25-6-220 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNION FEDERAL BANK OF INDIANAPOLIS, Plaintiff (s) NO 04-3040 Civil CIVIL ACTION - LAW From DERRICK F. CLEMMER, DANIELLE R. CLEMMER A/KJA DANIELLE RAE CALTRIDER A/KJA DANIELLE RAE CORBIN (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $107,950.72 L.L. $.50 Interest FROM 9/14/04 TO 3/2/05 (pER DIEM - $17.75) - $3,017.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $149.32 Other Costs Plaintiff Paid Date: SEPTEMBER 14, 2004 (Seal) CURTIS R. LONG Prothon~ p em '--- By: L&;rv,., . , {~-,r. r- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: FEDERMAN AND PHELAN, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 UNION FEDERAL BANK OF INDIANAPOLIS CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DERRICK F. CLEMMER DANIELLE R. CLEMMER AlK/A DANIELLE RAE CALTRIDER A/K/A DANIELLE RAE CORBIN CIVIL DIVISION NO. 04-3040 CIVIL Defendant(s). AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No.1) UNION FEDERAL BANK OF INDIANAPOLIS, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at. 207 GEARY A VENUE, NEW CUMBERLAND, P A 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DERRICK F. CLEMMER 5162 TIVERTON COURT FREDERICK, MD 21703 DANIELLE R. CLEMMER AIK/ A DANIELLE RAE CALTRIDERAlK/A DANIELLE RAE CORBIN 5162 TIVERTON COURT FREDERICK, MD 21703 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 207 GEARY AVENUE NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrishurg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 13. 2004 DATE \\a\UJ~~~ hl'\'l t~ MNIEL G. SCHMIEG, ESQU Attorney for Plaintiff UNION FEDERAL BANK OF INDIANAPOLIS Plaintiff, CUMBERLAND COUNTY v. No. 04-3040 CIVIL DERRICK F. CLEMMER DANIELLE R. CLEMMER AfKJA DANIELLE RAE CALTRIDER AfKJA DANIELLE RAE CORBIN Defendant(s). September 13,2004 TO: DERRICK F. CLEMMER 5162 TIVERTON COURT FREDERICK, MD 21703 DANIELLE R. CLEMMER AlK/A DANIELLE RAE CALTRIDER AlK/A DANIELLE RAE CORBIN 5162 TIVERTON COURT FREDERICK, MD 21703 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSL Y 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, 207 GEARY AVENUE, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$107,950.72 obtained by UNION FEDERAL BANK OF INDIANAPOLIS (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 ofthe 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 ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL mAT CERTAIN LOT OR PIECE OF LAND BITUAm IN TIIB BOIlOUGH OF NBW CUMBBRLAND, COUNTY OF CUMBERLAI:ID, AND CCl'IMQNWBALTII OF' PBNNSYLVANIA, BOUNDED AND DBSCRIBED AS FOLLOWS, TO W.IT: BEGINNING AT A POINT 21.34 FEET BOOTH FROM THE BOUTHBABTBRN CORNER OF <lBARY AVBNDE AND A 20 FOOT WIDE ALLEY j THENCE SOUTHWARD ALONG THE: LINE OF GEARY AVENUE, 23.15 FBET TO A POINT; THENCE BABTWARDLY ON A LINE AT RIGHT JINGLES WITH GEARY AVENUE, 114.7 PBBT TO A 10 RIOT WIDE ALLEY i THENCE: NORTHWARDLY ALONG TIIB LINE OF SAID ALLEY, 23.15 FBET; THENCE IN A WBBTBRLY DJ:RKCTION ON A LINE AT RIlET ANlJLE WITH SAID ALLEY 114.7 FEST THIlOUGfI TIIB CENTER OF A FARTITION WALL DIVIDING A 2-1/2 STORY OOUBLE DWELLING HOUSE TO GEARY AVENUE, THE PLACE OF BBGI.I!lIUNG. BBING THE: /lAME PROPERTY CONVBYEO TO DERRICK F. CLPJlMER AND DANIELLE CLBI'Il'IBR, HUSBAND AND WIFB BY DBED FROM GREG A. ALT AND JAMIB ALT, HUSBAND AND WIPB RBOORnBD 07/01/2003 IN DERD BOOK 257 PAGE 4388. IN THE OFFICE OF THB RECORDER OF DBBDB OF ClJJlJBERLAND COORTY: , PENNSYLVANIA. TAX IDt 25-25-6-220 f. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3040 Civil Term Union Federal Bank ofIndianapolis VS Derrick F. Clemmer and DanielJe R. Clemmer aJkla Danielle Rae Caltrider aJkla DanielJe Rae Corbin R. Thomas Kline, Sheriff, who being duly sworn according to law, states this wri is returned STAYED per instructions from Attomey Daniel Schmieg. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Mileage Levy Law Library Prothonotary Surcharge Certified Mail Share of Bills 30.00 3.31 15.00 15.00 12.58 15.00 .50 1.00 30.00 15.84 30.73 $ 168.96 Sworn and subscribed to before me So Answers: This /3!' dayot:)~~~ i) ~. R. Thomas Kline, Sheriff 2005, A.D. ~ () IYuh~"-,, ~ ; f' _ I BY'\,..c ~ ,.lJ/"U.l:V, Prothonotary Real E ate Deputy ,.,1) 0>_ f1J7(, 12u.. F/9j-3/ .. UNIoN FEDERAL BANK OF INDIANAPOLIS Plaintiff, v. DERRICK F, CLEMMER DANIELLE R. CLEMMER AIK1 A DANIELLE RAE CALTRIDER AlKJA DANIELLE RAE CORBIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-3040 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) UNION FEDERAL BANK OF INDIANAPOLIS, Plaintiff in the above action, by its atto DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ ofExe filed the following information concerning the real property located at 207 GEARY A VEN CUMBERLAND, P A 17070. 1. Name and address ofOwner(s) orreputed Owner(s): Name DERRICK F. CLEMMER DANIELLE R. CLEMMER A1KJA DANIELLE RAE CALTRIDER AJKJA DANIELLE RAE CORBIN Last Known Address (if address cannot be reasonably ascertained, please indicate) 5162 TIVERTON COURT FREDERICK, MD 21703 5162 TIVERTON COURT FREDERICK, MD 21703 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lie on the real property to be sold: Name None Last Known Address (if address cannot b reasonably ascertained, please indicate) ,. 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and w ose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has an interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 207 GEARY A VENUE NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of m personal knowledge or information and belief. I understand that false statements herein are made su ject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 13. 2004 DATE ~NlEL G. SCHMIEG, ESQU Attorney for Plaintiff UNION FEDERAL BANK OF INDIANAPOLIS Plaintiff, CUMBERLAND COUNTY v. No. 04-3040 CIVIL DERRICK F. CLEMMER DANIELLE R. CLEMMER A/K/A DANIELLE RAE CALTRIuER AiKiA DAi'iIELLE RAE CORBIN Defendant(s). September 13, 2004 TO: DERRICK F. CLEMMER 5162 TIVERTON COURT FREDERICK, MD 21703 DANIELLE R. CLEMMER DANIELLE RAE CAL TRIDE DANIELLE RAE CORBIN 5162 TIVERTON COURT FREDERICK, MD 21703 A AfKJ A **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM TION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHAR E IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR ED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 207 GEARY AVENUE NEW CUMBERLAND P A 17 70 is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberl County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$10 950.72 obtained by UNION FEDERAL BANK OF INDIANAPOLIS (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa. .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: I. The sale will be cancelled jf you pay to the mortgagee the back payments, late harges, costs and reasonable attorney's fees due. To find out how much you must pay, 'ou may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or op n the judgment. if the jlld!>-ment was improperly entered. You may also ask the Court to ostpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the mo e 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 OTH R RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. find out the price bid by calling (215) 563-7000. 1 T-fthp ~h",,~-ff'C! ~1)1p. 1<:;' "At ctA't"\"1"\""A "run" .....1"'o......"'..-t..., ...,.;11 "h", ",,,,1.-1 t..... tl-..,. \-.;.....'\-.""....-1- h;.-1rl"" V ...n~ .............. .... ~... .......... ....,........."-..L...~ ....~~.......... ;a......~ ...........t"y........., Jv....... y.."'y........J ........ v,-, ..h..-.........v UJ."-' .....l6.l....,"'t. U.lu........... ..I. vu. lllUJ 2. You may be able to petition the Court to set aside the sale if the bid price was gro sly 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 e sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the 0 ner 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 th 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 ofthe money which was paid for your house. A sc edule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe ale. This schedule will state who will be receiving that money. The money will be paid out in accord ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed wit the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, i you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N 'I HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sol in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed r stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 AloL THAT CERTAIN LOT OR PIBCB OF L.iWD SITUM'B IN TIlE BOROUGIH OP NEW CO\IIBBRL/!lND, COUNTY OF CllMIlERlJ\ND, AND COMMONlIBALTII OF PENNSYLVANIA, BOUNDED.AND DESCIUllED AS FOLLOWS, TO IUT: BEGINNING A:[ A POINT 2~. 34 FEET SOUl'H FROM THB SOUTHEJlSTBRN CO_ OF GEARY AVENUE AND A 20 FOOT WIDB AloLEYj THENCE SOUTHWARD AlDN<:1 TUB LINE OF OEl\RY AVENllE, 23.15 FEET TO A POINT; THBNCB EASTWARDLY ON A LINE AT RIGHT ANGLES WITH GEARY AVENllE, 114.7 FEET TO A 10 FOOT WIDB ALLEY; THENCE NORTHWARDLY ALONG TIlE LINE! OF BArD ALLEY. 23.15 FEBT; THENCE IN A WESTERLY DIRECTION ON A LINE AT RIGiT ANGLE WITH BAID ALLEY 114.7 FBET THROUGIH TIlE c.'ENTER OF A I?1\RTITI:ON WALL D"IVIDING A 2-1/2 STORY roua,E DWELLING HOUSE TO GEARY AVENUE, THE PLACE OF BEGtNNING. DElING THE B.!\ME PROPERTY CONVEYED TO DERRICK F. CLSMMER .AND DANIELLE CLEMMER, HUSBAND .AND WIFE BY DEED FROM <lREO A. ALT .AND JAMIE ALT, IIUSIl.l\1lD AND WIFB McoRrlIm 07/01/200:J IN OEEf> BOOK 2S7 PME 4388, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUN'I"l,PENNSYLVANTh. TAX IDi 25-25-6-220 WRIT OF EXECUTION anlllor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3040 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNION FEDERAL BANK OF INDIANAPOLIS, Plaintiff (s) From DERRICK F. CLEMMER, DANIELLE R. CLEMMER AlK/A DANIELLE RAE CALTRIDER AlK/A DANIELLE RAE CORBIN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $107,950.72 L.L. $.50 Interest FROM 9/14/04 TO 312105 (pER DIEM - $17.75) - $3,017.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $149.32 Other Costs Plaintiff Paid Date: SEPTEMBER 14, 2004 CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: FEDERMAN AND PHELAN, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #)5 On November 23, 2004 the Sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 207 Geary Ave., New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 23,2004 BY:V~(~SmJJ1 Real Es~at~ Deputy .. I (, II ~:,-.,1 ", \,.,),.,\1.::J""' " c ' , '\ 1"(' \ ";J.) A,f 33I1.L>' J.I'J @~ 2b~#