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HomeMy WebLinkAbout04-3406 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 PLAINTWF INDYMAC BANK, F.S.B. 155 N. LAKE AVENUE PASADENA, CA 91101 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM No.6'I-;3 406 (!;o~~~ v. CUMBERLAND COUNTY RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 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. W YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #; 95614 File #: 95614 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 INDYMAC BANK, F.S.B. 155 N. LAKE AVENUE PASADENA, CA 91101 2. The name(s) and last known addressees) of the Defendant(s) are: RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, P A 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/29/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to INDEPENDENT NATIONAL MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1324, Page 329. By Assignment of Mortgage recorded 7/27/1998 the mortgage was assigned to BANK OF NEW YORK AS TRUSTEE which Assignment is recorded in Assignment of Mortgage Book No. 583, Page 835. PLAINTWF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 03/01/2004 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 all interest due thereon are collectible forthwith. File #: 956] 4 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 07/13/2004 (per Diem $14.29) Attorney's Fees Cumulative Late Charges 5/29/1996 to 07113/2004 Cost of Suit and Title Search Subtotal $66,253.75 2,343.56 1,250.00 156.60 $ 550.00 $ 70,553.91 Escrow Credit Deficit Subtotal - 61.20 0.00 $- 61.20 TOTAL $ 70,492.71 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 Sheriffs 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, PLAINTWF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,492.71, together with interest from 07/13/2004 at the rate of$14.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN ND P~EL;g- ~ By: IslFrancls . a Iinau FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 95614 ALL nlAT CERTAIN lot of land si1:uate in the Borough of Lemoyne, Cpunt)' of Cumberland and StAte of Pennsylvania, more particularly designated and described as follows; BeGINNING at a point on the southern side of Bosler Avenue on the diViding l~ne between lots Nos. 83 and 84. Section 8. on the hereinafter mentioned Plan or Lots. said point bein~ 180 feet nleasured in a westerly direction from 1:he southwest corner of Bosler Avenue and Second Street; thence southwardly along SAid dividing line ISO feet to a-point on the northern .L.ine of Apple .\.lley; thence in an easterlY clirec.tion along the northern line of Apple Alley 17.5 feet. mare Or less. to a point on the line running through the center of the partit:i.on WAll of the double frame dwelling house erected in part upon the lot herein described; thence in a northerly direction along said lAst mentioned line ISO feet. more or less. to Bosler Avenue; thence wostwardly alopg ~he southern line 'of Baxter Avenue 1.7.5 feet. IIIOre or less, tQ a point. the place of BBGIl'lNING.' BIUNG THE we$torn half of lot No. 84. Section B. on Plan No. 1 of Rivert;~n. said Plan being recorded in the Recorder's Office for Cumberland County in Deed Book J. Volume ~, 'Page 40. BEING KNOWN AS 222 Bosler Avenue, Lemoyne. Penns;rlvania. SlUNG THE SANE PREMISES which Ches1:er H. Reid and Eliza.beth Reid, his wife by their Deed da1:ed December 23.1965 and recorded December 23. 1965 . i.n the Office of 1:l\e Recorder of Deeds in CU2D.berland County in Deed Book V. Volwne 21. Page 588, granted and conveyed \Into Wilbur J. JCrantz and "Jabel Bli2:abeth Krantz. his Wife. VERIFICA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this rnatter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing ofthe pleading, that he is authorized to rnake 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 frorn 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. ?/14M~ <;,..///fi Francis S. Hallinan, Esquire Attorney for Plaintiff DATE; 11 ~()\{ IV R ;; 1-.~ ~ -- ~ 0 CI\ .c:: -cJ 3 ~ i ~-:~ (j ~-';:) -'n -~ - ~-i C: =-'",1 I.- -. r:l f~';;:: ,r f:1 C; 1 .4:."' C'I -T, '-,1 ,. E ~: ,) ,"1"1 r....) f'..... SHERIFF'S RETURN - REGULAR CASE NO: 2004-03406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK FSB VS SHEARER RANDOLPH A SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEARER RANDOLPH A the DEFENDANT at 2007:00 HOURS, on the 15th day of July 2004 at 222 BOSLER AVENUE LEMOYNE, PA 17043 by handing to RANDOLPH SHEARER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 12.58 .00 10.00 .00 40.58 r~~ R. Thomas Kline Sworn and Subscribed to before 07/16/2004 FEDERMAN & PHELAN c:ft&/Vt~ L g! Deputf'she By: me this cllJ day of ~~... dllV'f A.D, .L {).~h}~ r thonotary FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SliTE 1400 PHILADELPHIA, P A 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. 155 N, LAKE A VENUE PASADENA, CA 91101 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DMSION 3401., NO. 04 9496 v. RANDOLPH A, SHEARER 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 RANDOLPH A. SHEARER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days frorn service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 7/14/04 to 8/31/04 TOTAL $70,492.71 $700.21 $71,192.92 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,I, copy attached. ~C\5'\.~~} FRANK. FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. J '" /J DATE:J1,.~. ~120(),-/ f!t.u-j;;;;~ f...,X~ t"~ PRO PROTHY ~ 0 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'i) 'i61-7()()() ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. Plaintiff : COURT OF COMMON PLEAS : CIVIL DMSION Vs. : CUMBERLAND COUNTY RANDOLPH A. SHEARER Defendants : NO. 04-0406 CML TO: RANDOLPH A, SHEARER 222 BOSLER AVENUE LEMOYNE,PA 17043 DATE OF NOTICE: AUGUST <;, 20114 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT 1HE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 1HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU 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 lNFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, TillS OFFICE MAYBE ABLE TO PROVIDE YOU WITH lNFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ~ A REDUCED FEE OR NO FEE. '" < ..~ <: .... , .,. t" ~ ~ CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 &M/YIflh; J..k U~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-03406 P VS s\( COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK FSB SHEARER RANDOLPH A SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEARER RANDOLPH A the DEFENDANT , at 2007:00 HOURS, on the 15th day of July 2004 at 222 BOSLER AVENUE LEMOYNE, PA 17043 by handing to RANDOLPH SHEARER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12,58 .00 10,00 .00 40,58 r~~ R, Thomas Kline day of Sworn and Subscribed to before By: me this A,D, Prothonotary t N ~ "'9- Jt:. ....0 0 F ....... ~ 0 en -t:: ..c:. ~ ..~. .., C',J j ....c tI' ':';"-' -.t) - CJv (: .-.~ - IV' --C. 72 :,' r- \ -,+1. R: 1'0 ~ ("-0. , C') C) FEDERMAN and PHELAN,LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. 155 N. LAKE AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION 6L1d<> NO. 04-9466 v. RANDOLPH A. SHEARER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RANDOLPH A. SHEARER is over 18 years of age and resides at, 222 BOSLER AVENUE, LEMOYNE, P A 17043 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~rtOrlDm.f'1~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '''' c:, c-::- '.-1 "-, (,I C.) PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 INDYMAC BANK, F.S.B. Plaintiff, v. J4C/D No. 04-94f16' RANDOLPH A, SHEARER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,192.92 Interest from 9/I/04- I 2/8/04 (per diern -$11.70) $I,158.30 and Costs TOTAL $72,351.22 ~ 0J'tk ~ fig)) 5'N. ~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 16I7 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA I9103-I814 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. .., "'" <:> t- ..... -< j:l.; ~ Z ~ 0 ro.,~ Z ~ ::; o~ 0 ~ .... ...l ... "'> ;;J ~ 13 ~~ ~ u ~~ ;;J ~ s:'" ~ ~'E Z " =i ~ '" Z~ ~ ~ i:i ~ " '" ~~ ~ o~ roo; ~ ro., Q >> ::;j:l.; oc:l ~ '" :l " 8 ::; ~ '" ... ... <8 ~ 01: Z -< C2~ ...l '" -< .; ~I~ '" l:> UZ = .. = ~~ 0 ~ ro.,;;J U j:l.; ~~ ~~ = P- 00 ...l M " ...U -< 0 01:: M ~ ::; ro., Q M ~~ ~ fS:e ~ ~ ~ OJ ~ ~ .... '" 8~ U ~ ~ ~-1 "C "C ~~ -< == ...::; j:l.; Z;;J ....u -ro c--) ~o:2 r= ~ <;..~- ~. C!~ ': ,:":' - _J-z; __ ::: (E~ :: ' - O~oO"0 ~ 0~~~LA . ~~~o-rY ~ ~ Jr:':ii Q Q a <.., "- -r".~ N . i:.f] I >~. GJ ~,i! '(i:~ (/) ~r .::J " 7:;.:) (..... 6 ~,~ ,J ~ :f. ';)-- "")"Q::; ~ 0- ~ ~ M '- 1-4 c)d.. , ) VI 11 -I--- .~ 3 w -f- ~ ......J J ALL TIJATCERTAIN JocofJaqd siluale in dle Borough of LemuYJIe, County of Cumbcrland and Slate of Penasyl yania. IIIOte particularly desigwlted and described .. follow.: BEGINNING at a poiDt on Ihc SoUlhern side of bier Avenue on lhe dividing line blOtween 1.Dls No!. 83 lIIId 84, Secl.ion B, on tbe hereinafter roemioned Plan of I..Dls. said poiDt beina 180 feet measured in a Westerly dircdion from lhe Solllllwesl comer of Bosler Avenue and Second Slnlet; lhence Sourhwanlly aIODS' said diyldlllg line 150 feet to a point 00 !be NortJu:rn line of AJlllIe Alley; lltence in an I:laslm'ly directioD aIoag the Norlbem Iioe of Apple Ailey 17,5 feet, more or les., to a point on the line running lbtuuglt lhe center of the plrtilion wall of !be double frlllllc dwelJiQg bDuse erected in part npon tbe lot herein de$crlbed; IhcIK:C in a Norlherly direction aIoDg llW 1ast IlIelIlioncd line: I ~ feet, more or lelllJ, to Bosler A venue; Ihence Westwardly along !be SOIId1ern line of Baxter A vetlUC 17.5 feet, more or less. to a poiol. lhe place of begiJllliog. BEING the Western half of Lot No, 84, Section 8, on Plan No.1 of ~iverlon, said Plan being recorded In the Reoorder', Office for Cumberland County in Deed Book I, VoIUIlIe 4, Page MJ. TInF. TO SAID PREMISes IS VESTED IN Randotph A. Sbearer, siaglc, by Defd fl'OO1 Wilbl/l' 1. Krantz and Mabel Elizmeth Krantz. his wife, daled 1I31fl986 ami recorded 2/511986 in Deed Boot Yolu.me 31-5, Page 376. Tax ParceI/12.21-026S.300 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-3406 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S,B" Plaintiff (s) From RANDOLPH A, SHEARER (I) You are directed to levy upon the properly of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee( s) thaI: (a) an attachment has been issued; (b) the garnishee( s) is enj oined from paying any debt to or for the account of the defendant (s) and from delivering any properly of the defendant (s) or otherwise disposing thereof; (3) Ifproperly of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enj oined as above stated. Amount Due $71,192,92 L.L. $.50 Interest FROM 9/1104 -12/8/04 (PER DIEM - $11.70) -- $1,158,30 AND COSTS Atry's Comm % Due ProthY $1.00 Atry Paid $122,58 Other Costs Plaintiff Paid Date: SEPTEMBER 2, 2004 CURTIS R. LONG (Seal) Prothonotary p ~: ~,,~ . ~CIl$y,r Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PIllLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F,S,B, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. RANDOLPH A, SHEARER CML DMSION 64aJ,. NO. 04.0fH66 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned rnatter, and that the premises are not subject to the provisions of Act 91 because it is: () 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. ~fl ~ J\J'('t ().j'L) FRANKFEDERMAN,ESQUIRE Attorney for Plaintiff (; ~-- . ~, c:,-; ...:;:. r.,-) I f-"",;' (.) 0) INDYMAC BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, v, COURT OF COMMON PLEAS RANDOLPH A. SHEARER Defendant(s). CIVIL DIVISION 140f. NO. 04-41496 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) INDYMAC BANK., F.S.B., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 222 BOSLER AVENUE, LEMOYNE, P A 17043. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every rnortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK-TR 1301 OFFICE CENTER DRIVE, SUITE 200 FORT WASHINGTON, PA 18034 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 ofwhorn 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 222 BOSLER AVENUE LEMOYNE, PA 17043 Domestic ReIations of CumberIand County 13 North Hanover Street CarlisIe, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are rnade subject to the penalties of 18 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities. August 31. 2004 DATE ~ f) N. ~ A N'i f)flv FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff C) r r-...) f"'.; .'" (,,) !-:; r". c..) e,:') v, CUMBERLAND COUNTY ~(. No. 04 INDYMAC BANK, F,S.B. Plaintiff, RANDOLPH A. SHEARER Defendant(s), August 3 I, 2004 TO: RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 222 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be soId at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $71.192.92 obtained by INDYMAC BANK. F.S.B. (the mortgagee) against you. In the event the sale is continued, an announcernent 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 rnay 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 rnay 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 (2 I 5) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you rnay call (7I 7) 240-6390. 4. If the amount due frorn the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs 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, P A 17013 (717) 249-3166 (800) 990-9108 AU. TIfA T CERTAIN lot of Iaad siIuale in die IIotough of Lemuyne. County of Cumberland and Sfalll of PcDasylvani.a, more JlGlTllcularly designaUlll and described .. follow.: BEGINNING at a point on the SoUlhern side of Bosler Avenue on lhe dividing tiDe bolween l.ols Nos. 83 and 84, Section D, on Ibe hereinafter memloned Plan of Lois, said poiDt belna 180 fCc:( measured in a Wesrerly direction from the Soulbwest earner of Bosler A YeIIUe and SecoDd Street; dlel1Ce SOIIlIlwardly along said dividJlla line 150 feet 10 S point 011 t1Jc Northom line of Apple Alley; lbence in an Easmly direclion along tile NOrlbcm liDe of Apple Alley 17,5 fccl. _ or len. to a point on the line running lbrough the center of the pattltion wall of the double frll/l1C dwelliDg baDGe erecred in part upon the 101 berein described; thence in a Nonhetly direction aIo:og .aid Iasl memioned liDe ISO feel, more or leos, to Ilo51er Avenue; thence Westwardly aJoQg thc SOUlhern line ofBoxler Aveoue 11.5 feet, more or less, 10 a point. the place of beginning. BEING die Western half of Lot No. 84, Section 8, on Plan No. 1 of Riverton, said Plan being rerorded in the Recorder'. Office for CWlIberlaad Counl)' in Deed Rook J, VoIlIIJllO 4, Page 40. TITU; TO SAID PREMISIlS IS VESTED IN Randolpb A. Sbcarer. single, by DeN from Wilbur 1. Krantz and Mabel Elizllbelh Krantz. his wife, daled 113111986 and n:cortled 2/5/1986 in Deed Boot Volume 31-S, Page 376. Tax Parcel #12-21.0265.300 ~) C,"; ,;~) ~. G' 1 r'~ " -~ ~~ Cl) FltDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Philadelphia, PA 19103-I814 (215) 563-7000 ATTORNEY FORPLAINTITF INDYMAC BANK, F.S.B. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 04.0406 CIVIL DLf-3'l0l0 c..ivil Vs. RANDOLPH A. SHEARER Defendant( s) snr.r.F.STTON OF RRCORD CH A Nr.F. RR' PARAr.RAPH #:1 OF THR COMPT.ATNT TN MORTr.Ar.F. FORRCT.OSTJRF TO THF PROTHONOTARY' FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 of the Complaint in Mortgage Foreclosure ts: On OS/29/1996 rnortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to INDEPENDENT WHITE MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1324, Page 329. By Assignment of Mortgage recorded 7/27/98 the rnortgage was assigned to BANK OF NEW YORK AS TRUSTEE which Assignment is recorded in Assignment of Mortgage Book No. 583, page 835. PLAINTWF is now the legal owner of the rnortgage and is in the process of formalizing an assignment of same. Kindly change the information on the docket. Date: Septernber 20, 2004 ~i-~ Frank Federman, Esquire Attorney for Plaintiff ,.., c:;;. (~;;, ~- (/) Cd ''-- N -',-.. t;;? C:.l C..)' (-) ~C-;~1 --I i~~ :-,l~ i'n C. ., n -1', -" t;i'. '< L~ THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA RANDOLPH A. SHEARER ) CNIL ACTION ) OL/.34(){P ) CNIL DNISION ) N0;--84 n-'M INDYMAC BANK, F.S.B. vs. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss: I, FRANK FEDERMAN, ESQUIRE attorney for INDYMAC BANK., F.S.B. hereby verify that on 9/2/04 true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22. 2004 1tlML(~nXl1'v FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff t"'" "d-l S' ~r ~ - - - - - - \0 00 -l 0\ VI .j:>. VJ N - 0 n _ VI .j:>. VJ N - 0 .. Z ~~ )> "'... tllo ::I- '< ...., C:;- '" n CD ~ z c: 3 CT CD .., (') ! (') 0 z ::C-l ~ .. II 0 ~ 0 0 El 2. 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N :fJ? ......- C'~ '. l..O ::~O I:';; '""0 "'-:B ~;(-j :x: ~.~ (') ~~:'?~ i:'.')m .:::::\ ~1 "'1.~ ~iJ -< 0'1 -, Indymac Bank, F.S.B. VS Randolph A. Shearer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3406 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on September 10, 2004 at 12:40 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Randolph A. Shearer, by making known unto Randolph A. Shearer, personally, at 222 Bosler Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same tirne handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2004 at 5:28 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randolph A. Shearer located at 222 Bosler Ave., Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Randolph A. Shearer, by regular mail to his last known address of222 Bosler Ave., Lemoyne, PA 17043. This letter was mailed under the date of October 07, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that th s writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 13.75 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 23.68 Levy 15.00 Surcharge 20.00 r I. ') r; )1. .f g411 r~,l.v .4( C/ (lY1\91. Law Journal Patriot News Share of Bills Postpone Sale 246.80 290.20 30.42 20.00 $721.35 Sworn and subscribed to before me S~~~. ~ _ 't..t This~dayof IJn"Af . R. Thomas Kline, Sheriff 2005'A.DfL,~H . Jf6J.-y '~J ~Swidh Prothonotary . '''l BY \ ~ Real Estate eputy " INDYMAC BANK, F.S,B, . , ' CUMBERLAND COUNTY Plaintiff, v, COURT OF COMMON PLE S Defendant(s), CIVIL DIVISION JljOc.. NO, 04-6466 RANDOLPH A, SHEARER AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) INDYMAC BANK. F,S,B., Plaintiff in the above action, by its attorney, FRANK FEDE AN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the foJ owing information concerning the real property located at 222 BOSLER AVENUE LEMOYN P A 17043, I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDOLPH A, SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 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 Ii on the real property to be sold: Name Last Known Address (if address call110t be reasonably ascertained, please indicate) NODe , . 4. Name and address oflast recorded holder of every mortgage of record: . " Name Last Known Address (if address cannot e reasonably ascertained, please indicate) CHASE MANHATTAN BANK-TR 1301 OFFICE CENTER DRIVE, SUITE 200 FORT WASHINGTON, PA 18034 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person ofwhorn the plaintiff has knowledge who has y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot reasonably ascertained, please indicate) Tenant/Occupant 222 BOSLER AVENUE LEMOYNE, PA 17043 Domestic Relations of Cumberland County 13 Nortb Hanover Street CarlisIe, P A 17013 Commonwealtb of Pennsylvania Department ofWeIfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of m personal knowledge or information and belief. I understand that false statements herein are made su ~ect to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 31. 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ; v, CUMBERLAND COUNTY 31/4," No,O~ INDYMAC BANK, F,S,B. Plaintiff, RANDOLPH A, SHEARER Defendant(s), August 31, 2004 TO: RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TON OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHAR IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR D TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. Your house (real estate) at, 222 BOSLER AVENUE, LEMOYNE, PA 17043, is sch be sold at the Sheriff's Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland Count Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$711 obtained by INDYMAC BANK. F.S.B. (the mortgagee) against you. In the event the sale is an announcement will be made at said sale in compliance with Pa.R.C.P" Rule 3129.3, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late ch ges, costs and reasonable attorney's fees due. To find out how much you must pay, y u may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or pen the judgment, if the judgment was improperly entered. You may also ask the Court t 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 m 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidde . You may find out the price bid by calling (2 I 5) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was gro ly 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 t e sale. To find out if this has happened, you rnay calI (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you wilI remain the ower of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the heriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings 0 evict you. 6. You may be entitled to a share of the money which was paid for your house. A sch dule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the s Ie. This schedule will state who will be receiving that money. The money will be paid out in accordan e with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with he 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 ou act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LI TED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It ma not e sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must b postponed or stayed in the event that a representative of the plaintiff is not present at th sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , AU. THA T CERTAIN lot of land skullle in lhe Borough of Lemuyne. County of Cumberland and of Pl:nnsylvania, II}Ore p;uiicuJarly designated and J=,ibcd llll follows: BEGINNING at a point on the Solllhern side 'of !lasler Avenue on the dividing line be/ween Lots N s. 83 and 84, Section B, on tbc hereinafter mentioned Plan of Lots. said point beinll 180 feet measu in a Westerly dinx.lion from the Soulbwest corner of Bosler A venue and Sccoud Street; Ih Southwardly along said dividing line 150 feet to a point on the Northern line of Apple Alley; in an EMtetly direction along lhe Northern line of Apple AUey 17.5 feet. more or less, to a point n the line running through the center of lhe partition wall of the double frame dwelling bouse erecIed n pari npon 1he lot herein deseribed; (hence in a Nonherly direction alollg said last memioncd line 1 feet, more or ''''"'' II> Bosler Avenue; thence Westwardly lIIong 1he Soutllern line of Boxler Avenue 17 feet, more or Jess, 10 a point. the place of \>Cginoing. BEING the WC$(CrB half of Lot No. 84, Section B, on Plan No. I ofRiverton, said Plan being record in the Recorder's Off'lCe for Cumbcrllllld County in Deed Book 1, Volume 4, Page 40, TITL.E TO SAID PREMISES IS VESTED IN RaDdolp/l A. Shearer. single, by Deed from With J. Knmtz aDd Mabel Elizabeth Krantz. his wife, dated 1/31/1986 and recorded 2/5/1986 in Deed Boot Volume 31-S, Page 376. Tax Faroel #12-21-0265-300 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OJ PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F,S,B" Plaintiff (s) !. NO 04-3406 Civil CIVIL ACTION - LA From RANDOLPH A, SHEARER (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 himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $71,192,92 L.L. $.50 Interest FROM 9/1104 - 12/8/04 (PER DIEM - $11.70) -- $1,158,30 AND COSTS Atty's Comm % Due Prothy $1.00 Ally Paid $122,58 Plaintiff Paid Date: SEPTEMBER 2, 2004 Other Costs CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #38 On September 0 I, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, P A Known and numbered as 222 Bosler Ave" Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2004 By: J oM kJJJ, Real Esta1e Deputy " <:",:1'1d ' <' ,,1 ['"j i ~ .:;l " d:'S J..~ -~ .;;;...;i'i;;. 1" j"; l"0 ~ r:::::::, \Se) fi\riJ REAL ESTATE SALE No, 38 Writ No. 2004-3406 Civil Term Indymac Bank, F.S,S. Vs Randolph A. Shearer Ally: Fnink Federman DESCRIPTION AU.. THAT CEKI'AIN lot of land situate in the Borough of Lemoyne, County of Cumberland and ,State of Pennsylvania, more particularly designated and described as follows: BEGINNING at a point on the Sou1hem side of Bosler Avcime on the dividing line betweeu Lots Nos. 83 and 84,Section B, on the hereinafter mentioned Plan of Lots, said point being 180 feet measured in a Westerly direction from lhe Sou1hwesi earner of Bosler Avenue and Second S1l'eet, thenc~ Sou1hwanlly $lng said dividing line 150 feet to a point on the Northern line of Apple Alley; thence in an Easlerly direction along the Northern line of Apple Alley 17.5 feet, more or less, to a point on the line nmning Ihrough the . center of the partition wall of the double frame dwelling house ereered in pat! upon the lot herein described; thence in a Nonherly direction along said last mentioned line 150 feet, more or less, to i Bosler Avenue; thence Westwardly along the i Southern line of B""ler Avenue 17.5 feet, more or L~ toe> poi1tt..1he p~ ofBEGJNNING. I ~\!ll!"'estemhlli m.Lot N'Il. 84, Section ,S,-mI'IanNo. 10C Riverton, said PIan being I ~in the ReconIer's Office fur Cumberlaud IComtty in Deed Bookl.Volume 4. Page 40. 1ITLE 10 SAID premises is vested in Randolph A. Shearer, single, hy Deed from Wilbur J. Kraulz and Mabel Elizabeth Krantz, his wife, dated 1131/ 1986 and recorded 2/511986 in Deed Book Volume 31-8, Page 376. TAX PARCEL #12.21-0265-300. I I. I I I I Writ No. 2004-3406 Civil Indymac Bank, F.S.B. vS. Randolph A. Shearer Atty.: Frank Federman ALL THAT CERTAIN lot of land situate in the Borough of Lernoyne, County of Cumberland and Stale of Pennsylvania, more particularly des- ignated and described as follows: BEGINNING at a point on the Southern side of Bosler Avenue on the dividing line between Lots Nos. 83 and 84, Section B, on the here- inafter rnentioned Plan of Lots, said point being 180 feet measured in a Westerly direction from the South- west corner of Bosler Avenue and Second Street: thence Southwardly along said dividing line 150 feet to a point on the Northern line of Apple Alley; thence in an Easterly direc- tion along the Northern line of Apple Alley 17.5 feet. more or less, to a point on the line running through the center of the partition wall of the double frame dwelling house erected in part upon the lot herein described: thence in a Northerly direction along said last mentioned line 150 feet, more or less, to Bosler Avenue; thence Westwardly along the Southern Ii ne of Boxler Avenue 17.5 feet, more or less, to a point, the place of beginning. BEING the Western half of Lot No. 84, Section B, on Plan No. I of Riverton, said Plan being recorded in the Recorder's Office for Cumber- land County in Deed Book J. Vol- ume 4, Page 40. TITLE TO SAID PREMISES IS VESTED IN Randolph A, Shearer, single, by Deed from Wilbur J. Krantz and Mabel Elizabeth Krantz, his Wife, dated 1/31/1986 and re- corded 2/5/1986 in Deed Book " Volume 31-S, Page 376. Tax Parcel #12-21-0265-300. . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 INDYMAC BANK, F,S.B. Plaintiff, v, No, 04-3406 RANDOLPH A, SHEARER Defendant(s), TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,192.92 Interest frorn 8/31/04 to DECEMBER 7,2005 (per diem -$11.70) $5,417.10 and Costs TOTAL $76,610.02 W~1~~ DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. <"l ~ <::> .... .... ~ ~ ~ Z ~ ~ 5 Ij . -6 ~.... .... \;oJ. o~ i-' '" G ';;) t; ~? \ ~ ~ '" ~ ~~ 'p ~ '" Ij?< <:: p ~ ...~ .;a ~ ~rn ...... ~ ZZ rn ~% ~":. s OZ Ii< ~ o .. 8. Ij '" ~~ -J. rn ~~ ~;>> rn 'is .( 0 1t ~'" ~ ;, ~~ ~e ~ 0- ot;. .. ~ 19 .... '" ~ .. ~ v';;) ~ ~~ . ;,,: ~ ~o o~ Q v \ ~ ~6 ;,; ~~ ~ '" ~ e:: '" .\3 s~ v ~ ~ vg 1 ...... ~ .~ .... 11 ~... i-'~ ~G ---t .~ /"' - (,,,j. \.r~ ("") , "'J -t~ - ":; - - c5:~ - -:: - "t - - ::: ::: :::: - - ~ D ~ (l-~ I \ \ \ t N) <:) ,oi;; Vl 0 ~ 0 :r Cl <"<) V, c .a - Cl . .....9 --:. 'u) tn- vi Cl ....: UJ 0-__ VI ---1- ~tr, ~ ~ r:-- .~ ~~ l/l.a r< 't:- C ::x-~ ~- ./-, ~ .,;;"N::; .,;;,:>- ....~ <:;:) '-,~) c-.:. --) () i\ i\ ~pL c) - All TIJA T CERT AIM lot of land silU<lle ill d1e BorOllgb of Lemuyne. County or Cumberland and Slate of Pcnnsylvllllia, more pa,!leuJarly des4lnatcd and described lIS follows; BEGINNING at a point on Ihe Solllhern side or Bosler ^veooe on the dividing line between J.als Nos. 83 and 84, SectIon B, on lbe hereimfter _lolled Plan of LoIs, said polDt being 180 feet measured in a Westerly direction from the Soulbwest corner of Bosler A venue and Second Slreel; ~ SOUIIlwardly along said lIividing line \50 feet 10 S point 011 tile Northern line of Apple Alley; thcno:e In an Easterly direction along 6>e Nortbcm line of Apple Alley 11.5 feel, more or Ins, to a point on the line nmnlng IhfOUgll !be cenler of the partition wall of the double frllDle dwelling boose erected in part upon the lot herein described; lI1ence in a Nortberly direction along said last mentioned line 150 feet, mureor lesIJ, to Bosler Avenue; thence Westwardly along llleSoutl1ern line oflloxler Aveuue \7.5 feel, more or less, 10 a point, the place of beginning. BEING the Western half of Lot No. 84, Section B, on Plan No, 1 of RivertOD, said Plan being recorded in the Recorder's Office for Cumberland County In Deed IIook J, Volume 4, Page 40. TITUl TO SAID PREMISES IS VESTED IN Raodolpb A. Shearer. single. by Deed from Wilbur J. Krantz and Mabel Elizabeth Krantt. hi$ wife, dated 1/31/1986 and m:onkd 2/511986 In Deed Boot Volume 31-S, Page 376. Tax Parcel #12-21-0265.300 PREMISES BEING: 222 BOSLER A VENUE, LEMOYNE, P A 17043 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Randolph A. Shearer Debtor BANKRUPTCY NO, I 04-bk-07284 MDF IndyMac Bank, F.S,B, CHAPTER 13 Movant v, Randolph A. Shearer Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration ofthe Motion oflndyMac Bank, F,S,B, (Movant), and after Notice of Default and the filing ofa Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by II U.S.c. 362 is modified with respect to premises, 222 Bosler Avenue, Lemoyne, PA 17043, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001 (a)(3) is not applicable and IndyMac Bank, F,S.B. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By tile CQlU't, ~~~~ Dated: July 25, 2005 This electronic order is signed and filed on the same date. s~G WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3406 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S,B" Plaintiff (s) From RANDOLPH A, SHEARER (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 $71,192,92 L.L. Interest FROM 8/31/04 TO 1217105 (PER DIEM - $11.70) .-- $5,417,10 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $856.43 Other Costs Plaintiff Paid Date: AUGUST 3, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F,S,B, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v, CIVIL DIVISION RANDOLPH A, SHEARER NO. 04-3406 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned rnatter, and that the premises are not subject to the provisions of Act 91 because it is: () 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. ff~1J~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ,-' C-=' ..:::-..-) .~n - , 0} (.5 (,....:...... t'" - INDYMAC BANK, F,S,B, CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS RANDOLPH A, SHEARER CIVIL DIVISION Defendant(s). NO. 04-3406 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) INDYMAC BANK. F.S.B" 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 .222 BOSLER AVENUE. LEMOYNE. P A 17043 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 2. Narne 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) NODe 4. Name and address ofIast recorded holder of every mortgage of record: Narne Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK-TR 1301 OFFICE CENTER DRIVE, SUITE 200 FORT WASHINGTON, PA 18034 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 rnay be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 222 BOSLER AVENUE LEMOYNE, PA 17043 Domestic Relations of CumberIand County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the staternents made in this affidavit are true and correct to the best of rny personal knowledge or information and belief. I understand that false staternents herein are made subject to the penalties ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August L 2005 DATE ~JjJ~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff "" ":::; CJl o -n ::;-J .- t.__ C'-) , (.,) -~~" c:-=; C}'1 f') INDYMAC BANK, F,S.B. Plaintiff, CUMBERLAND COUNTY v, No, 04-3406 RANDOLPH A, SHEARER Defendant(s). August I, 2005 TO: RANDOLPH A, SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 222 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71,192.92 obtained by INDYMAC BANK, F,S,B. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe 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 irnrnediateiy after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs 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 AU THAT CERTAIN I<ll of land sil1lill~ in the I\(lrougb ofLemuyne. County of Cumbcdand and Stare of Pennsylv;mia. snore Plllllcularly designated and describod as follow.: BEGINNING lJ1 . point on lh~ Southern sidll of Bosler Avenue on (lie dividing line between LOIS Nos. 83 llIld 84, Section B, on tbe hereinafter mcmiOJJed Plan of Lots. said point being 180 feet measured in a Westerly direction from the Soulbwes[ corner 0( Bosler A venue and SCCOIId Streel; Ihepce Southwardly along said dividitlg line ISO ftet to a point 011 me Nmtbcm line of Apple Alley; thence in an Easterly direclion along the Nortbcm line of Apple Alley 11.5 feet. mare or less. 10 a point 00 the line running through the center of the pattillO" wall of the double frame dwelling house erected in part npon the lot herein described; tlJence in a Northerly direction along .aid last mentioned line 150 feet, more or less, In Bosler Avenue; Ibence Westwardly along the Soodlcrn line of IJoxler AVeuue 17.S feet, more or less, 10 a point, the place of l>eginning. BEING the Western half of Lot No. 84, Section 8, on Plan No. t ofRiverton, .aid Plan belng recorded in tbc Recorder'. Office for Cuml>erland County In Deed Boot J, Volume 4, Page 40, TlTUl TO SAID PREMISES IS VFSTED IN R.audotpb A. Shearer. single. by Deed from Wilbur I. KranIJ; alld Mabel Elizabeth Krantt, his wife, dated 1/31/1986 and rtroWed 2/511986 in Deed Boot Volume 31-5, Page 316, Tax Parcel #12-21-0265.300 PREMISES BEING: 222 BOSLER AVENUE, LEMOYNE, P A 17043 --::, . ;-::. ;::~:> r~.:.> ':Jl '- \:.:.. C,) ~:::"> 'J1 i".:,> PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center PIaza, Suite 1400 PhiladeIphia, P A 19103-1814 (215) 563-7000 Attorney for Plaintiff INDYMAN BANK, F.S.B. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION RANDOLPH A. SHEARER NO. 04-3406 CIVIL Defendant MOTION FOR SERVICE OF NOTICl~ OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, RANDOLPH A. SHEARER by certified mail and regular mail to 222 BOSLER AVENUE, LEMOYNE, PA 17043, and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for DECEMBER 7, 2005. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3I29.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Atternpts to serve Defendant with the Notice of Sa Ie have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sa Ie in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 222 BOSLER AVENUE, LEMOYNE, P A 17043 . By: , ESQUIRE AFFIDAVIT OF SERVICE PLAINTIFF INDYMAC BANK, F,S.B. CUMBERLAND COUNTY PMB No. 04-3406 DEFENDANT(S) RANDOLPH A. SHEARER ACCl, #3000247274 SERVE RANDOLPH A, SHEARER AT 222 BOSLER A VENUE LEMOYNE, PA 17043 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 SERVED Served and made known to , Defendan~ on the day of ,200_. at . o'clock _om., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height_ Weight_ Race S"x Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of , 200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES &: TIMES OF SERVICE ATTEMPTED, Onthe ,;:(} P dayof JIl5"'~ NOT SERVED , 2005": at 5" 0-'8 o'clock -fro., DefenPal}t NOT FOm:'D,because: '>. }J~\~\..tlolC- 'i'~l~ hit.. \5 'S..l~o-" Moved _ Unknown~ No Answer Vacant ~...~ . l"Attempt:E! /(p /~5"'Time:/t2:j;-flM. 2RdAttempt: 8 //7/0j-Time: G :fOt.... 3rd Attempt: f? //1/ o5"'"'Tirne: 1 : ~c) QIM ~ ~""f'{. 8/~ I/O S- 57 SlJ r..... Sworn to and subscribed be~me this~~ of ..,.,..\\0, 200~. Notary'AIII'tJ.!i....- " Attof.i~intiff Daniel G, Schmieg, Esquire - I.D, No, NOTARW.8EAL UJCIU.EH.~=~ My =.: Nov, 10. 7JJ17 PMB , FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FNMA SKIP TRACE File Number: 95614 Attorney Firm: PheIan, Hallinan & Schmie& LLP Subject: Randolph A. Shearer Current Address: 222 Bosler Avenue, Lemoyne, P A 17043 Property Address: 222 Bosler Avenue, Lemoyne, PA 17043 Mailing Address: 222 Bosler Avenue, Lemoyne, PA 17043 I, Brendan Booth, being duIy sworn according to law, do hereby depose and state as follows, 1 have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Randolph A. Shearer - 303-68-9459 B. EMPLOYMENT SEARCH Randolph A. Shearer - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Randolph A. Shearer reside(s) at: 222 Bosler Avenue, Lemoyne, PA 17043. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 8/26/05 our office contacted directory assistance, which indicated that Randolph A. Shearer reside(s) at: 222 BosIer Avenue.. Lemoyne, PA 17043. On 8/27/05 our office made a telephone call to the subject's phone nurnber, (717) 761-3858, and received the following information: answering machine (maIe), "Hi this is Randy/' which confirmed that RandoIph A. Shearer reside(s) at: 222 Bosler Avenue, Lemoyne, PA 17043. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 8/26/05 we reviewed the National Address database and found the following information: Randolph A. Shearer- 222 BosIer Avenue, Lemoyne, PA 17043. B. ADDITIONAL ACTNE MAILING ADDRESSES Per our inquiry of creditors, the following is a possibIe mailing address: no addresses on file. IV. DRNERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Randolph A. Shearer. V. OTHER INQUIRIES A. DEATH RECORDS As of 8/26/05 Vital Records and all public databases have no death record on fjIe for Randolph A. Shearer. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confinn a registration for Randolph A. Shearer residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Randolph A. Shearer - 3/28/1958 . All accessible public databases have been check,ed and cross-referenced for the above named individuaI(s), · PIease be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are wiIIfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn fa1sification to authorities. COMMONW :TH OF PEN Y V NOTARIAL SEAL RYAN P GALVIN, Notary Public CIty of PhHadelphia, Phila. County "~CIJr,,,tl$6lon e' [lecember 21. ~o,,-dxdh ~7JtJ~ AFFIANT - Brendan Booth Foreclosure Review Services, Inc. Sworn to and subscribed before me this 27th day of August 2005. The above information is obtained from available public records JEM and we are only liable for the cost of the affidavit. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff INDYMAN BANK, F.S.B. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION RANDOLPH A. SHEARER NO. 04-3406 CIVIL Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (I) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy ofth,~ manner prescribed by Rule 403 to the addresses set forth in the affidavit; Of (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further ,application to the court. Because the whereabouts of Defendant, RANDOLPH A. SHEARER ,are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P.430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis. 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sa Ie. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 222 BOSLER AVENUE, LEMOYNE, P A 17043 . Respectfully submitted, By: SCHMIEG, LLP ESQUIRE VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verificalion and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this staternent herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authori . es, Date: Seotember 19. 2005 f\ ( ~r. SCHMIEG, SQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 INDYMAN BANK, F.S.B. Attorney for PIaintiff Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION RANDOLPH A. SHEARER NO. 04-3406 CIVIL Defendant CERTIFICATE OF SERVIC~ I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 uire Date: Septernber I9, 2005 Phelan Hallinan & Schmieg, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103-1814 Phone (215) 563-7000 Fax (215) 563-5534 Paul M. Boccuti, Legal Assistant Sales Department Representing Lenders in Pennsylvania and New Jersey RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, P A 17043 Re: INDYMAN BANK, F.S.B. vs. RANDOLPH A. SHEARER No. 04-3406 CNIL Premises: 222 BOSLER AVENUE, LEMOYNE, P A 17043 Dear SirIMadarn: Enclosed please find Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and proposed Order. Very truly yours, By: fJ~ j11 i3~ Paul M. Boccuti ....' Q, 0 ,-:? {-;.:::.'> (-,--:-;;. c.r~ ...... u? ::C-n rY"I {i"\p"OO ..';) ""'trl ...., ~,'I'(-:J -';~~ \ en ,:'~":<;!, "3 \'f~ -~ ,"--,' <? '.=3 $"- ?J5 ,,:,- ':2. r---' :<: V> R"C"'" ''':1 " I:: t.,',':- (' 1J'1 C' "0"1",. _ v~. ~ ~ _},' ~ o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDYMAN BANK, F.S.B. Plaintiff CIVIL DIVISION v. NO. 04-3406 CIVIL RANDOLPH A. SHEARER Defendant ORDER AND NOW, this t.f~day of O;,J;J;.., ,2005, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service ofthe Notice of Sale on the above-captioned Defendant, RANDOLPH A. SHEARER , by rnailing a true and correct copy of the Notice of Sale by certified mail and regular rnail to 222 BOSLER AVENUE, LEMOYNE, PA 17043. Service of the aforementioned rnailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. J. }JJ.!(':C' ,-- "':'/'fr1J SO:8 HIJ S- DO SOOZ AtJ\11UNOiiJCdJ 3H1 .:IO 381:!::CHITIl:::J PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for PIaintiff INDYMAN BANK, F.S.B. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CNIL DNISION RANDOLPH A. SHEARER NO. 04-3406 CNIL Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, RANDOLPH A. SHEARER by certified rnail and regular mail to 222 BOSLER AVENUE, LEMOYNE, P A 17043, and in support thereof avers the following: 1. A Sheriffs Sale of the rnortgaged property involved herein has been scheduled for DECEMBER 7, 2005. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to PaRC.P. 430, Plaintiffhas made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries rnade and the results theretrorn is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 222 BOSLER AVENUE, LEMOYNE, P A 17043 . PHELAN HALLIN (\ ( I Ci~ ~ DANIEL G. SCHMIE Attorney for Plaintiff SCHMIEG, LLP By: , ESQUIRE AFFIDAVIT OF SERVICE PLAINTIFF INDYMAC BANK, F,S.B. CUMBERLAND COUNTY PMB No, 04-3406 DEFENDANT(S) RANDOLPH A, SHEARER ACCT, #3000247274 SERVE RANDOLPH A, SHEARER AT 222 BOSLER A VENUE LEMOYNE, PA 17043 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 200S SERVED Served and made known to , Defendant, on the day of ,200_, at ,o'clock _.m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height _ Weight _ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED, Onthe ;;()~ dayof JV5".f- NOT SERVED , 200S: at S: 6'! o'clock -flU., Defenpaqt NOT FOUND/because: . ". -,.;~\~l.,.t]oyc.. 'i'~iq kit.. is 5..100'- Moved _ Unknown~ No Answer Vacant ~....~ I" Attempt: e I G 1~5""Time: Itfl :j~ f~ 2nd Attempt: 8 I 17/ O,i"Time: G : fO f.... 3rd Attempt: r? 1/1 / O~Tirne: 1 : .;1.0 aIM ~ Mk.....f{. 8 /~ (/ {) S- 5( S!J r.... Sworn to and subscribed be~ me this ~ d~ of ..,.,s<<-, 200 ~_ Notary:.) /' - Attofii~ -- Daniel G, Schmieg, Esquire - J.D. No, NOTARW.SEAI. LUCIu.E H, CARTY, NulIry NIle l.elilIkIImy TOIlI1IhIp, FrriIIn CoII1ly My III. Exphe Nov, 10. 2lI11 PMB FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FNMA SKIP TRACE File Nurnber: 95614 Attorney Firm: PheIan, Hallinan & Schmieg, LLP Subject: Randolph A. Shearer Current Address: 222 Bosler Avenue, Lemoyne, PA 17043 Property Address: 222 Bosler Avenue, Lemoyne, PA 17043 Mailing Address: 222 Bosler Avenue, Lemoyne, PA 17043 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, 1 have conducted an investigation into the whereabouts of the above-noted individuaI(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Randolph A. Shearer - 303-68-9459 B. EMPLOYMENT SEARCH Randolph A. Shearer - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Randolph A. Shearer reside(s) at: 222 Bosler Avenue, Lernoyne, PA 17043. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 8/26/05 our office contacted directory assistance, which indicated that Randolph A. Shearer reside(s) at: 222 Bosler Avenue, Lemoyne, PA 17043. On 8/27/05 our office made a telephone call to the subject's phone number, (717) 761-3858, and received the following information: answering machine (male), "Hi this is Randy," which confirmed that RandoIph A. Shearer reside(s) at: 222 Bosler Avenue, Lemoyne, PA 17043. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 8/26/05 we reviewed the National Address database and found the following information: Randolph A. Shearer- 222 Bosler Avenue, Lemoyne, PA 17043. B. ADDITIONAL ACTNE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible rnailing address: no addresses on file. N. DRNERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Randolph A. Shearer. V. OTHER INQUIRIES A. DEATH RECORDS As of 8/26/05 Vital Records and all public databases have no death record on file for Randolph A. Shearer. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Randolph A. Shearer residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Randolph A. Shearer - 3/28/1958 * All accessibIe public databases have been checked and cross-referenced for the above named individual(s), * Please be advised all database information indicates the subject resides at the current address, I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is rnade subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. COMMONWEALTH OF PENN5Y V IA NOTARIAL SEAL RYAN P GALVIN. Notary Public CIty of PhHadelphia, Phiia. County ."'X CotI~IUsslot I E~ires December 21. ~c"-~ ~7.Jt~ AFFIANT - Brendan Booth Foreclosure Review Services, Inc. Sworn to and subscribed before rne this 27th day of August 2005. The above information is obtained from available public records JEM and we are only liable for the cost of the affidavit. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Centef Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney fOf Plaintiff INDYMAN BANK, F.S.B. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CNIL DNISION RANDOLPH A. SHEARER NO. 04-3406 CIVIL Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale ofthe rnortgaged prernises. Specifically, Pa.R.C.P., Rule 3 I29.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be rnade: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiffrnailing a copy ofthe rnanner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the rnanner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, RANDOLPH A. SHEARER, are unknown, a reasonable investigation of their last known address was rnade in accordance with PaRC.P.430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be rnade under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has rnoved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and ernployers ofthe defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and rnotor vehicle records. As indicated by the attached Affidavit of Return of Service, rnarked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular rnail to 222 BOSLER AVENUE, LEMOYNE, P A 17043 . Respectfully submitted, PHELAN i~CHMIEG, LLP Ckr- DANIEL G. HMIEG ESQUIRE Attorney for Plaintiff r By: VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the staternents rnade in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authori . es. Date: Septernber 19, 2005 SQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Centef Plaza, Snite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney fOf Plaintiff INDYMAN BANK, F.S.B. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DNISION RANDOLPH A. SHEARER NO. 04-3406 CNIL Defendant CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Mernorandum of Law, Certification of Service and Verification in the above captioned rnatter was sent by first class rnail, postage prepaid to the following interested parties on the date indicated below. RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 Date: September 19. 2005 Phelan Hallinan & Schmieg, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103-1814 Phone (215) 563-7000 Fax (215) 563-5534 Paul M. Boccuti, Legal Assistant Sales Department Representing Lenders in Pennsylvania and New Jersey RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, P A 17043 Re: INDYMAN BANK, F.S.B. vs. RANDOLPH A. SHEARER No. 04-3406 CNIL Premises: 222 BOSLER AVENUE, LEMOYNE, P A 17043 Dear Sir/Madam: Enclosed please find Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and proposed Order. Very truly yours, By: f~JVlI3~ Paul M. Boccuti ...., ,';:;:' C:;;. <:,r\ o -n --< X'Tj rnF-'- -::Jm :".'0 (:~:~? ('-i:-":: ;,Y;f:"~ , ~ s5 -< (/) C~l ."\) "', 0"' -rJ _..t: '^' ('...) UJ \ PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 October 24, 2005 Office of the Prothonotary CUMBERLAND County Courthouse RE: INDYMAC BANK, F.S.B. v. RANDOLPH A. SHEARER CUMBERLAND COUNTY NO. 04-04e6 yiolD Dear Sir, Please file the enclosed affidavit( s) in reference to the above captioned matter. Thank you for your cooperation. Yours truly, bmC Sandra Cooper for PHELAN HALLINAN & SCHMIEG, LLP CC: Sheriffs Office of CUMBERLAND County ." PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION RANDOLPH A. SHEARER CUMBERLAND COUNTY No.: 04-0466' 3<j()<' INDYMAC BANK, F.S.B. vs. AFFIDA VIr I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to RANDOLPH A. SHEARER on 10/21/05 at 222 BOSLER AVENUE, LEMOYNE, PA 17043, in accordance with the Order of Court dated 10/4/05. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unswom falsification to authorities. w-~JI J~ DANIEL G. SCHMIEG, ESQ~ Date: October 24. 2005 .'\"\ .-1 r..i , ".} c " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA INDYMAC BANK, F.S.B. ) CIVIL ACTION ) vs. RANDOLPH A. SHEARER ) CIVIL DIVISION ) NO. 04-0406 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for INDYMAC BANK, F.S.B. hereby verify that on 8/2/05 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: October 31. 2005 DANIEL G. Attorney -- INDYMAC BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS RANDOLPH A. SHEARER CIVIL DIVISION Defendant(s). NO. 04-3406 AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) INDYMAC BANK, F.S.B., 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 ,222 BOSLER AVENUE, LEMOYNE, P A 17043 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK-TR 1301 OFFICE CENTER DRIVE, SUITE 200 FORT WASHINGTON, PA 18034 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 222 BOSLER AVENUE LEMOYNE, P A 17043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of WeJfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofI8 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities. 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Shearer The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3406 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 03,2005 at 5:52 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Randolph A. Shearer, by making known unto Randolph A. Shearer, personally, at 222 Bosler Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Schmieg. Sheriffs Costs: Docketing Poundage Advertising Mileage Levy Surcharge Prothonotary Certified Mail Postage Patriot News Law Journal Share of Bills 30.00 11.64 15.00 16.32 15.00 20.00 1.00 8.84 .74 107.12 347.00 20.89 $ 593.55 Sworn and subscribed to before me 2005, A.D. Proth 0 So Answ!Pl"-5 ~ ~~..r.J~~P R. Thomas Kline, Sheriff ByJOC~ ~~vv~lh Real Estate ergeant I~ / LR- 62o'f.5 (2,...,.. /1/:;.:;.3 / ''iND~)AC BANK, F.S.B. CUMBERLAND COUNTY I Plaintiff, v. COURT OF COMMON PLEAS RANDOLPH A. SHEARER CIVIL DIVISION Defendant(s). NO. 04-3406 AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) INDYMAC BANK, F.S.B., Plaintiff in the above action, by its attorney, DANlliL 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 ,222 BOSLER AVENUE, LEMOYNE, PA 17043 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDOLPH A. SHEARER 222 BOSLER A VENUE LEMOYNE, PA 17043 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) Noue , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK-TR 1301 OFFICE CENTER DRIVE, SUITE 200 FORT WASHINGTON, PA 18034 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 asceliained, 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 222 BOSLER AVENUE LEMOYNE, PA 17043 Domestic Relations of Cumberland County 13 North Hauo\'er Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities. August 1. 2005 DATE ~JjJc~J DANlliL G. SCHMIEG, {SQUIRE Attorney for Plaintiff I INDYMAC BANK, F.S.B. Plaintiff, CUMBERLAND COUNTY v. No. 04-3406 RANDOLPH A. SHEARER Defendant(s). August 1, 2005 TO: RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 222 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $71.192.92 obtained by INDYMAC BANK, F.S.B. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. I. If the Sheriffs Sale is not stopped, your property will b(: sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEU:PHONE 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 Sheriffs 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 THA T CERTAIN Jot of tand siMIle in dle Borough of Lemoyne. County of Cumberland and Slate of Pcnnsyhr.wa. more p;l1tlcularly designated and descTibOO "" follow": BEGINNING at a point on the SoUlhern side of Ilooler Avenue on the dividing line between I.OIS Nos. 83 and 84. Section B, on tbe hereinafter mentioned Plan of LoU. :r.rid point being 180 feet measured in a Westerly direction from the Soulltwesr corner of Bosler A venue and Second Street; lhepcG Southwardly along said dividing line 15Q ftel to a point on tbe Northorn line of Apple Alley; Iheoce in an Easterly direction along lite Nortbern line of Apple Alley 11.5 feet, more or less, to a point on the line running through the center of the partition WllU of the double f~amc dwelling house erected in part upon tbe lot herein described; thence in a Norlherly direction along said last mentioned line 150 fect, more or less, to Bosler Avenue; thence Westwardly along rhe Southern liD<: ofBoxler Avenue 17.5 feet, more or less, 10 a point. the place of beginning. BEING the Western half of Lot No. 84, Section B, on Plan No. I of Riverton, said Plan being recorded in tbe Rt:c()rdcr'. Office for Cumberland County in Deed Book J, VolullW 4, Page 4(}. TITLE TO SAID PREMISES IS VESTED eN Randolpb A. Shearer, single. by Deed from Wilbur J. Kr.mlz al1<l Mabel Elizabeth KranlZ. his wire, dalro 1/3111986 and recorded 2151\986 in Deed Boot Volume 31-S, Page 316. Tax Parcel #12-21-0265.300 PREMISES BEING: 222 BOSLER AVENUE, LEMOYNE, P A 17043 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3406 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.E:., Plaintiff (s) From RANDOLPH A. SHEARER (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,192.92 L.L. Interest FROM 8/31/04 TO 12/7/05 (PER DIEM - $11.70) --- $5,417.10 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $856.43 Plaintiff Paid Other Costs Date: AUGUST 3, 2005 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ". L'J @E) i ow ~ c:;:;::- =. ,. 'e ~'., u;:r.. Real Estate Sale #38 On September 07, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, P A ~own and numbered as 222 Bosler Avenue, ;::t /;" E-emoyne, more fully described on Exhibit "A" u, , ~ed with this writ and by this reference incorporated herein. L~ = = ~ By: Joch 'SfvuiC, Real Estate ~ergeant Date: September 07, 2005 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. c ~ SWO 28 o AND SUBSCRIBED before me this day of October, 2005 ~~:4~j~PAJ , N?T~~I,:.I .'L . . l ~" LOI;.~ E. :,~JhJt:+ '1"IL(d~' 'It ~ C:irh:.;l~! n('i':~' >;r:';' "',<J'd ~ I''!,: Ci;.,c.",,,,;,,.L b,' ; ,......1 REAL ESTATE SALE NO. 38 Writ No. 2004-3406 Civil Indymac Bank. F.S.B. vs. Randolph A. Shearer Atty.: Daniel Schmieg ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne. County of Cumberland and State of Pennsylvania, more particularly des- ignated and described as follows: BEGINNING at a point on the Southern side of Bosler Avenue on the dividing line between Lots Nos. 83 and 84. Section B, on the here- inafter mentioned Plan of Lots, said point being 180 feet measured in a Westerly direction from the South- west comer of Bosler Avenue and Second Street; thence Southwardly along said dIviding line ) 50 feet to a point on the Northern line of Apple Alley; thence in an Easterly direc- tion along the Northern line of Apple Alley 17.5 feet, more or less, to a point on the line running through the center of the partition wall of the double frame dwelling house erected in part upon the lot herein described; thence in a Northerly direction along said last mentioned line 150 feet, more or less, to Bosler Avenue; thence Westwardly along the Southem line of Boxler Avenue 17.5 feet, more or less, to a point, the place of beginnIng. BEING the Western half of Lot No. 84, Section B, on Plan No. 1 of Riverton, said Plan being recorded in the Recorder's Office for Cum- berland County in Deed Book J, Volume 4, Page 40. TITLE TO SAID PREMISES IS VESTED IN Randolph A. Shearer, single, by Deed from Wilbur J. Krantz and Mabel Elizabeth Krantz, his w1fe, dated 1/31/1986 and re- corded 2/5/1986 in Deed Book Volume 31-5, Page 376. Tax Parcel #12-21-0265-300. PREMISES BEING: 222 BOSLER AVENUE, LEMOYNE. PA 17043. .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} 55 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania. owner and publisher of The Patriot- News and Tbe Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared in theZSth day(s) of October 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M.', Volume 14, Page 317. PUBLICATION COPY S worn to and su ../rl .~................... b reme~ D. , Terri L. Russell. Notary Public Oty 01 Harrisburg. Dauphin County My Commission Expires June 6. 2006 /(];:;"7;;:;;;;' NOTX1ZY PUBLIC -- My commission expires June 6. 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE BALE No. 31 Writ No. 2OlJ4.3408 CIvllT..... Indymac II8nk, F.8.B. v. -'pIIA.-..r Ally: D8n18l SdlmI8g DeSCRIPTION AlL 1HAT CFRJ'AIN lot of land situate in the Borough of Lemoyne. County of Cumborumd "'" Stale of Penosylv...... more particularly deoigna>:d""'cIeocribol,pfollows: BEGINNING". poiIion lhe Soudxm side of Bosler Avenue on lhe dividing IiDe betweenLols Nos. 83 and 84. Section B. on lhe bereinafIer III<DIiooedPlaDofLols,saidpoinl being ISO/eel lIIelIIUIOdin.-.ny_fnHnlhe SooIhwest CXXDCI of BoslrI Avenue and Second Street; tboI<e_llftI1y along said dividiDgliDe 150 fed to. poinI on lhe Noohom IiDe Ii Apple Alley;lbeoceinan~_aIonglhe Nortbrm IiDe of App1e A11ey 175 fed...... or kss,to.poinIoolheliDenmoiDg1llrouJhlhe """'ctlheplllilioowall oflhe_u- ihoo1Iingbouse_inpart_lhelocbrmo _lbeocein.NooIaIy_aIong said1ast_1iDe 130 feel,""''' Iaa." Bosler Avenue; lbeoce WalwanI1y along lhe ~...__l7sto..._.. .......,..... L41D. ...,......"t.a*.I4._ B,_ Pb.. No. I of 1MB. .... PIaD .... ........ it 6e lieomdI's Office for Cumberland County in Deed Book 1,"VoIume 4. Page 40. TIlLE 10 SAID PREMISES is vested in RandolphA._.8in&Ie,byDeedfnHn w_ I. Kranl> and Mabel_ Kranl>, hi> wife. dIled 1131/1986 "'" recorded 2/S/19tl6 in Deed Book_31-S.Page376. TAl(~ARCEL#12c21.m65-300. PREMISES BEING: ^m IoIIer Avenue. Lemoyne,~A 10\l43. ... PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 INDYMAC BANK, F.S.B. Plaintiff, v. No. 04-3406 RANDOLPH A. SHEARER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,192.92 Interest from to JUNE 7, 2006 (per diem -$11.70) Additional Fees & Costs $7,546.50 and Costs $6,556.09 TOTAL $78,739.42 '( c- " - ~G~'.s- DANIEL G. SCHMIEG, Q One Penn Center at Suburban n 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. >: S'e ;---:-- -=s ~~J t~-'j ;-::--;:1:.1-:-. 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All THAT CERT AlN Iol of land situal~ in !be Boroug!l of l.cmuyne, County of Cumh<:rlaod and State of Pennsylvania. mor~ panlcularly designated and descTibcd "" fullow.: ~ , BEGINNING at a point on the Solllhern side of BosI~r Avenue on the dividing line between 1.<>18 Nos. 83 and 84, Section B, on tbe hereinafter IDeIlIloned Plan of Lots. said point being 180 feet measured in a Westerly direction from the Soulbwesr corner of Bosler A venue and Second Street; tb~PC<: SOUIhwardly along said dividing line 150 fut to a point 011 the Northern line of Apple Alley: thence in an Easterly direcrlon along tlle Nortbcm line of AW1~ Alley 17.5 feet, more or less. 10 a point on the line running through the cenler of !he partition wall of !he double Crame dwelling bouse erecred in part opon the 101 herein described; thence in a Nonherly direction along said last mentioned line ISO feet, more or less, to Bosler Avenue; Ibence Westwardly along tile Sou~rn line ofBoxler Avenue 17.5 feet, more or less, 10 a point. the place of beginning. BEING the Western half of Lot No. 84, Section 8, on Plan No. I of Riverton, said Plan being reoorded in die Recorder', Office fOt C\ll\lbcrland Coonty in Deed Book J, Volume 4, Page 40. TITLE TO SAID PREMISBS IS VESTED IN Randolpb A. Shearer, single. by Deed from Wilbur J. Krdlll:z and Mabel Elizabeth Krantz. his wife, dated 1/31fJ986 and re<:ordrtl 2/511986 in Deed Boot: Volume 31-S, Page 376. Tax Parcel #12-21-0265-300 PREMISES BEING: 222 BOSLER A VENUE, LEMOYNE, P A 17043 f -. INDYMAC BANK, F.S.B. CUMBERl"AND COUNTY Plaintiff, v. COURT OF COMMON PLEAS RANDOLPH A. SHEARER CIVIL DIVISION Defendant(s). NO. 04-3406 AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) INDYMAC BANK, F.S.B., 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 ,222 BOSLER AVENUE, LEMOYNE, P A 17043 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . -, 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK-TR 1301 OFFICE CENTER DRIVE SUITE 200 FORT WASHINGTON, PA 18034 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) TenantlOccupaut 222 BOSLER AVENUE LEMOYNE, PA 17043 Domestic Relations of Cumberland County 13 North Hauover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities. December 21, 2005 DATE v~ ( DANIEL G. SCHMIEG, ES Attorney for Plaintiff C) ", 1 .::-=.) C} ',::::__:J (:~.-\ -n C=:J ::::1 rl"'i _L-n C) rrlp: r...) _.~ J el c:J ~-;) <.,J () --;j :1', "~ C1 .'. (.~j , "n ;;:.-;:-1 -," 0 5J ....J -<. PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SmTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF INDYMAC BANK, F.S.B. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION RANDOLPH A. SHEARER NO. 04-3406 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 Pac C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, E Attorney for Plaintiff (? \(~ ....,;;:;:J" ,'.f' ~. C--' r....,1 CO C) -n .-\ ~r\~ <'I;'C~ t~~ ~~ -~'~ (-) ',on ...;,..~ .f~ o ..J " ; , INDYMAC BANK, F.S.B. Plaintiff, CUMBERLAND COUNTY v. No. 04-3406 RANDOLPH A. SHEARER Defendant(s). December 21, 2005 TO: RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 222 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's Sale on JUNE 7,2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $71,192.92 obtained by INDYMAC BANK, F.S.B. (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. I. 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 ifthe 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. Ifthe 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs 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, P A 17013 (717) 249-3166 (800) 990-9108 .;, ~:<') J ALL TIIA T CERTAIN lot of land siluale in the Borough of Lemoyne. County of Cumberland and State of Pennsylvania. more pardcularly drsignated and des<;ribcd "" follows: BEGINNING lit a point on Ibe Solllhern side of Ilooler Avenue olllhe dividing line between l.ou Nos. 83 and 84. Section B, on (be hereinafter mentioned Plan of Lots, said point being 100 feet measured in a Westerly direction from the SolllbweSI corner of Dosler Avenue and Second Street; \hence SOUthwardly along said dividing line t50 feet to a poinl on the Northern lioe of AW1e Alley; tb= in an Easterly direction aI<lng the N<Jrlbcrn line of AWle Alley \1.5 feel, more or less. to a point on Ibe line lunning lbloug/t the center of the partiliOll wall of the double frame dwelling boo,e erected in part upon the lot ooein llescribed; \hence in a Northerly direction along >aid last mentioned lin<: 150 feel, more or less, to Bosler A venoe; Ibence W cstwardly along the Southern line of Doxlcr Avenue 17.5 feet, mOle 01 less. to a point. the place of beginning. BEING the Western hnlf of Lot No. 84, Section 8, on Plan No. I ofRiverlon, said Plan being rerorded io lbe Recorder's Office for Cumberland County in Deed Book J, Volume 4. Page 40. TITLf. TO SAID PREMISES IS VESTFD fN R!lndolpb A. Shearer, single, by Deed from Wilbur J. Kr.m!:l. aud Mabel Elizabeth Krantt. his wife, dated 1/3111986 amlre<:<>ro..J 2/5/1986 in Deed Book Volume 31~S, Page 376. Tax Parcel #12-21-0265,300 PREMISES BEING: 222 BOSLER AVENUE, LEMOYNE, P A 17043 () r-' C::.' C) . ..~,:J -n .::-<"'\ c? ....; .,- 1'."\ ,_'__ -rI (~) \:\,'';;' f",' -n r-;"-: .,)t.::; C'J ) ( , -J - -' ." ~6 ._~~ c") -..l -< /----- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANIA) COUNTY OF CUMBERLAND) NO 04-3406 Civil CIVIL ACTION - LAW TO TIlE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs dne INDYMAC BANK, F.S.B., Plaintiff (5) From RANDOLPH A. SHEARER (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 (5) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property oflbe 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. Amonnt Due $71,192.92 L.L. Interest TO 6/7/06 (PER DIEM - $11.70) - $7,546.50 AND COSTS Atty's Comm % Due Prothy $1.00 Other Costs ADDITIONAL FEES AND COSTS Atty Paid $1464.98 $6.556.09 Plaintiff Paid Date: DECEMBER 28, 2005 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 "I PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. SCHMIEG, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff INDYMAC BANK, F.S.B. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RANDOLPH A. SHEARER NO. 04-3406 Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 DANIEL G. SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail and regular mail to Defendant RANDOLPH A. SHEARER on 01/06/06 at 222 BOSLER AVENUE, LEMOYNE, PA 17043 in accordance with the Order dated 10/04/05. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. Dated: January 6, 2006 PHELAN HALLINAN & SCHMIEG, LLP By: ~~JJ-.1 DANIEL G. SCHMIEG, ESq~ ... --- R~cr"'~J ^- '::. t'.1 '-: \. ') C) c-" ,. . ,~ ~ c, ~ ~ .JC.l ~1' s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDYMAN BANK, F.S.B. Plaintiff CNIL DNISION v. NO. 04-3406 CNIL RANDOLPH A. SHEARER Defendant ORDER AND NOW, this t.f~day of O;JJ;.., ,2005, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, RANDOLPH A. SHEARER, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 222 BOSLER AVENUE, LEMOYNE, PA 17043. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. J. . '. <:i~~' '--c-~,,,'+-1rh.. ..'.:; '-.;""'~"- v...~..." ...-..~:~ '}. ~";q ",",c c..-. ."" 7160 3901 9&49 3120 6162 TO: RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 --rekJI~ NJD REFERENCE: 95614 - SHEARER SENDER: .. PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mall POSTMARK Oi)l{Q~TE No Insurance Coverage Provided Do Not Use lor International Mail ___n_._...._n______.___n_______nu~n j .~., - --..) ---1 -'!=. ii1i "'.," c.::. 1'.",,:. C, PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division Ys. Cumberland County Randolph A. Shearer No. 04-3406 Civil Term Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 14, 2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 2,2004 in the amount of$71,192.92. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriff's Sale of the mortgaged property at 222 Bosler Avenue, Lemoyne, P A 17043 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number I -04-07284 on December 7, 2004. Plaintiff obtained relief from automatic stay by order of court dated July 25,2005. A true and correct copy ofthe Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Property is listed for Sheriff's Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $14.29 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $66,253.75 13,549.96 809.10 1,925.00 2,008.51 2,814.90 193.50 367.00 489.60 20.00 0.00 4.568.24 TOTAL $92,999.56 6. The judgment formerly entered is insufficient to satisfY the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: By: Michele M. Bradford, Esquir Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty, J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. A ITORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Randolph A. Shearer No. 04-3406 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff's Note was secured by a Mortgage on the Property located at 222 Bosler Avenue, Lemoyne, PA 17043. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. m. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center. 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner. the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. CiticolJ> v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. v. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P .L.E., Judgments 9 191. Stephenson v. Butts, 187 Pa.Super. 55,59,142 A.2d 319,321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount ofthe original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the tenns of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on tenns ofthe Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE:#- Phelan Hallin By: Michele M. Bradford, Esqu Attorney for Plaintiff . . Exhibit "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. l2248 LAWRENCE T, PHELAN, ESQ., Id. No. 32221 FRANCIS S, HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 .(215):'563-1000 INDYMAC BANK, F.S,B. 155 N. LAKE AVENUE PASADENA,CA 91101 AITORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIV1SION TERM NO. 04-JQOb (l,"u,'C--r~ ~ C~ERLAND COUNTY ;f~~~ A O~4'.b_4lf4tl> Defendant(.) ~r~~~ ... CIVILAcn~-LAW l/~hS e .~. ~ COMPLAINT IN MORTGAGE FORECLOSUM: (B. ~_~, = :;:I z~ ~. ffi~..i... NOTICE 2a~ ~ . ~O You have been sued in court. If you wish to defend against the claims set forth. ~ ~.~ following pages~ you ~st take action within twenty (20) days after this ~~laint,~ ,. .. ~. ~ served, by entering a wntten appearance personal ll~ or by attorney ~y,filtng mwamedwntin~~thif. it; . ~ court your defenses or objections to the c aims set IOrth against you. ou are . u...t. .you fail to do so the case may proceed without you and ajudgment may be entered apinst you by the court without further notice for any moneyc1aimcd in the complaint or for any other claim or relief requested by the plaintiff. You maylosC mOney or pioperty or other rights important to you. Plaintiff v. RANOOLP:H A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 11043 YOU SHOULD TAKE 1HIS PAPERTO YOUR; LAWYER AT ONCE. IF YQU:OO NOT HAVE A LAWYER, GO TO OR TELEPHONE tHE QFFICESET FORTHBBLOW. 1IDSOFFICE CAN PROVIDE YOU wrm INFORMATION ABOUf HIRING. A LAwYmt IF YOU CANNOT AFFORD TO fIIlm A LAWYER, nnsOFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION AllOUTA(JENCIES llIAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A RJIDUCED FEE OR NO FEE. . .. ... .. We hereby oo~ti~:t: uw ~",.. . Lawyer Referral SCrvicc - _ ..,.., I~' and A17-0k~-4ND ~~a;==~;~~~".'~.'~,<>,..., Pi/: /,If'r Ftl J::o ~f.(SI ....L Carlisle, PA 17013 orlgmz~ ;:..~ ....A" . ~;~:~~ ViS.~~fnC; G'n~~ (800)990-9108 Dl!RN"&"'l .... '~;r, i..}.~N t;; lJ. U ~~. .!",\~'" ,."..' . - -I r~ ~ -. l.'N File #I: 95614 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, P A 19103 (215) 563-7000 INDYMAC BANK, F.S.B. 155 N. LAKE AVENUE PASADENA, CA 91101 AITORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM NO. 0 1l-04o~ C t \.\1/ v. RANDOLPH A. SHEARER 222 BOSLER A VENUE LEMOYNE, P A 17043 CUMBERLAND COUNfY 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH lNFORMATION ABOUT lURING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFA'G:(i,f-1A Y BE ABLE TO PROVIDE YOU WITH lNFORMATION ABOUT AGENClES ~'JHA'\'1.QfFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED F~'N() FEE>-'i"'ti Lawyer Referral Service ~;;~.. J, :<",~ Cumberland County Bar Association ,. -~l)tt'f:'!" . -/ 32 South Bedford Street . "0 Carlisle, PA 17013 (800)990-9108 File #: 95614 File #: 95614 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 RECEIYf 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 RECEIYf OF TIDS 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.AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIYf 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 TmS.SUlT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMYf TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is INDYMAC BANK, F.S.B. 155 N. LAKE AVENUE PASADENA, CA 91101 2. The name(s) and last known addressees) of the Defendant(s) are: RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, P A 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/29/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to INDEPENDENT NATIONAL MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1324, Page 329. By Assignment of Mortgage recorded 7/27/1998 the mortgage was assigned to BANK OF NEW YORK. AS TRUSTEE which Assignment is recorded in Assignment of Mortgage Book No. 583, Page 835. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 03/01/2004 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 all interest due thereon are collectible forthwith. File #; 95614 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0112004 through 07/13/2004 (per Diem $14.29) Attorney's Fees Cumulative Late Charges 5/29/1996 to 07/13/2004 Cost of Suit and Title Search Subtotal $66,253.75 2,343.56 1,250.00 156.60 $ 550.00 $ 70,553.91 Escrow Credit Deficit Subtotal TOTAL - 61.20 0.00 $- 61.20 $ 70,492.71 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 Sheriffs 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 ofDefauIt 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 $ 70,492.71, together with interest from 07/13/2004 at the rate of $14.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, FED~~;JJIL By: Is/F. ~.... FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 95614 LL nJAT CERTAIN 101; of land situa1;e in the Borough of Lemoyne. CpUn1;)' E Cumberland and S"tate of Pennsylvania. more par"tic::ularly designated ~ described as follows: eGINNING at a poin1; on "the sou"the:rn sido of Bosler Avenue on 1;he div.iding lne be1;ween lots Nos. 83 a.nd 84_ Sec~ion8. on 1;he hereinafter menti.oned Lan of I.o1::S, said poi.nt being 180 fee~ measured in a westerly direc1;ion ~ ~he southwest corner of Bosler Avenue and Second St:reet:; thence Xl"thwardly along said dividing line ISO feet \:0 a-- point on the no~mern i.nc of Apple Alley; thence in an ea.s~e%"1y di.rec,~ion along the northern . Ln. of Apple Al.ley 17.5 feet:_ mo~e Or less, 1:0 a point on the line .mning "through "tho cen"ter of tbe part! ~i.on wall of the double fraaae _eIling hOU$e erected i.n part; upon 'Cbe 10t herein doscribed; thence :in no~therly direction alone said last mentioned line ISO feet, more or !ass_ to Boslor Avenue; theneewostwax-dly alo"g the southern line .of )x1er AVOIlue 17.5 feel:, more or I.ess_ to a point:, the place of BEGINNING. . !1NG THE westoru half of lot No. 84, Section B", on Plan No. 1 of Riv~, lid Plan being recorded i.n the ~(J:ord~'s Office for Cumberland County l Deocl Book J, Volume ,., .Page 40. iING KNOWN AS 222 Bos1er Avenuo. ~yne", Penns~1vania. UNG THE SAMe PREMISES which Ches"ter H. Reid and Eliza.beth Rei.d his lfe by t:heir Deed da~ed Decomber 23.1965 and recorded December'" 23, 5S . i.n the Office of t:he Reco1:'der of Deeds in CUJIlberlandCoun"ty: in .Gd Book V. Volume 21. Page 588. cran1;ed and conveyed unto Wi.lbur J. ;"an~z and Mabel Elizabe1:h Krant:~, his wi.fe. , VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are 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 UIldersigri.ed understaIi~thafthisst3tementis madesubjectto the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~-~//# FrancisS, Hallinan, Esquire Attorney for Plaintiff DATE:~ . . Exhibit "B" ! FEDERMAN AND PHELAN, Ll.:P By: FRANK FEl~ERMAN Identificatibn No! 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD~ SIDTE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 INDYMAC BANK, F.S.B. 155 N. LAKE AVENUE PASADENA, CA 91101 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION NO. O~ v. RANDOLPH A. SHEARER g <' -Urn . filfl! Defenda.f.~E. ORn.MAN AND PHE';AN ~ ~:: WT'J:J,nNEY FILE "'" ~r.:j P' (>~ "'t 1:'1I~'.,., Copy J:;; -- t..I.M",",. ", ,,',' ". '. I"",.. 'U. . z'-' . ". ."'H)\; : >8 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ~ ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: '" c::l c:::3 ' .z::- r/) rn -0 I N o ., -t III mr= -om :o? ~o -,-"7", .~-.1 Qo Om :-I ~ -< :ba ::it C> C;..) CO Kindly enter an in rem judgment in favor of the Plaintiff and against RANDOLPH A. SHEARER Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/14/04 to 8/31/04 TOTAL $70,492.71 $700.21 $71,192.92 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. . FEDERMAI'i PHELA i\! i~rr!PBf~~~Xf'lE COpy'~ PlEA;jt: HErURN . FRANK FEDERMAN, ESQUlRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: ~~l 'U::d/ Exhibit "c" UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA INRE: Randolph A. Shearer Debtor BANKRUPTCY NO.1 04-bk-07284 MDF IndyMac Bank, F.S.B. CHAPTER 13 Movant v. Randolph A. Shearer Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion ofIndyMac Bank, F.S.B. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 222 Bosler Avenue, Lemoyne, PA 17043, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 400 1 (a)(3) is not applicable and IndyMac Bank, F.S.B. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Com1:, Dated: July 25, 2005 ~~a~~ ,,.. (a\? This electronic order is signed and filed on the same date, VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE:. Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquir Attorney for Plaintiff By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Indymac Bank:, F.S.B. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Randolph A. Shearer Defendant No. 04-3406 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Randolph A. Shearer 222 Bosler Avenue Lemoyne, P A 17043 Phelan Hallinan & Schmieg, LLP DATE: .., By: Michele M. Bradford, Esq Attorney for Plaintiff 1. ('", r-...,') r' :) -n ::;:1 ~ , " ( , .""j ~ ) INDYMAC BANK, F.S.B., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDOLPH A. SHEARER, DEFENDANT : 04-3406 CIVIL TERM ORDER OF COURT AND NOW, this -z 1 day of July, 2006, a Rule is entered upon the defendant to show cause why an order should not be entered granting plaintiffs motion to reassess damages. Rule returnable 20 days after service. :sal ~ ~\) ~~ \) "'~',J C) ..'i) ,-- {"-1 t.', C' __~J , ~,::::> C:.:.;;; '~',l / .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. J.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Indymac Bank, F.S.B. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Randolph A. Shearer No. 04-3406 Civil Term Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of twenty (20) days after service has been served upon the following persons: Randolph A. Shearer I 222 Bosler A venue Lemoyne, PA 17043 Date: ~IJ ~ I PHELAN HALLINAN & SCHMIEG, LLP By: ~ Michele M. Bradrlmr,Esquire Attorney for Plaintiff ....- (~': t'''_~ 1 1'0 c.-, , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC BANK, F.S.B Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION RANDOLPH A. SHEARER Defendant(s). NO. 04-3406 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for INDYMAC BANK, F.8.B hereby verifies that on JULY 27, 2006 true and correct copies of the Notice of Sheriff's Sale were served hy certificate of mailing to the recorded Iienholder(s) and any known interested party. Date: JULY 31, 2006 IMPORT ANT NOTICE: This property is sotd at the direction of the plaintiff. It may not be sold in the ahsence of a renresentative of the nlalntiff at the Sheriffs Sale. The sale must he postponed or stayed in the event that a representative of the plaintiff is not present at the sale. --- - .t _ _ _ _ _ < . . " · - · " " - Ii ill \\ _ . " " _ _ \' i- \' i ~ 1 \ 1 \ n tin ~ - ~l\ l l-~\t ,\~\ ~ t ~\.~ ~ ~ 0 ~ \ ~ i~ \ \! 1 H ~n~ ~ ~..~ \ \ '\'\ ~~t~ h-r ~~ ~ \ I: I~ .1 \ .~ ~ ~ @ ~ ~ ':::i ~ ~ ~~~\ ~ %~ ~ ~ i \ \ l~ ~ c. 0", ~ ~ >' "toO ':i ~ '>'" 'a i ~ '" ~ \t ~ ..j 1% he. n~ ~. \\, l 1 \ \\\\\ ilU\ d~~ \'\\\ ~\\~\\ tilt -\i\ \\t\ \\\\ \,\1 ,l\~ r\\\ \hi i-n' t." \ .~ If.r. ;.;i--'~ ~----- 02 1M $ 01.250 . 0004218010 JU~ 21 2006 ., IoIAl\.ED fROt.A tlPCOOE 19103 \1 \ --- ... ... ' ~. ~ ~ ~!~ ~ ~~ ~ ~ ~ ,<:C g ; ~8:i ~ ~c '" -, ~ :. ~ -a PHELAN HALLINAN & SCHMIEG, LLP By: Michele M, Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Randolph A. Shearer No. 04-3406 Civil Term Defendant MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is The Plaintiff in this action. 2. A Rule was entered by the Court on July 27,2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on August 1, 2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of twenty (20) days after service. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. ~ ~ PHELAN HALLINAN " ~rO LLP Michele M. Brndford, E"lUi~ ~- Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Randolph A. Shearer No. 04-3406 Civil Term Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 24, 2006. A Rule was entered by the Court on July 27,2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on August I, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of twenty (20) days after service upon the Defendant. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. ~~tN Date PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, ESQuir0 Attorney for Plaintiff . . . Exhibit "A" . . INDYMAC BANK, F.S.B., PLAINTIFF - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RANDOLPH A. SHEARER, DEFENDANT 04-3406 CIVIL TERM ORDER OF COURT AND NOW, this "71 day of July, 2006, a Rule is entered upon the defendant to show cause why an order should not be entered granting plaintiff's motion to reassess damages. Rule returnable 20 days after service. By the Court, /--~.-;/. /../? ( -t/7/ Edgar-r:r- Bayley I J.- j :sal C1~b tLf . . . Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHECAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. 1.0. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ~. _ -'. .- ;1 -.. '-~.. ---.....". .'A-,.SPY . ..: Civil Division Indymac Bank, F.S.B. Plaintiff .. .... vs. Cumberland County Randolph A. Shearer "' No. 04-3406 Civil Terin Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby cert~tii'ie1irnt-carrect copy of o~~ Motion to Reassess Damages noting a Rule Return date O~lfiil:;y~ after service has been served npen the following persons: '~A; FlU:: C.C ' , ~--<~rYRkb Randolph A. Shearer ~~. ... _ ~~ ~ 222 Bosler Avenue _______~ .... . . Lemoyne, P A 17043 ~ Date:~ PHELAN HALLINAN & SCHMIEG, LLP By: MiC: M. B~squire Attorney for Plaintiff 1:,. -..... -=! r......:;. , i I VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. ~ Date d' Michele M. Bradford, Esquire Attorney for Plaintiff .. .. .. PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Randolph A. Shearer No. 04-3406 Civil Term Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Randolph A. Shearer 222 Bosler Avenue Lemoyne, P A 17043 ~ Date ----- 0' Michele M. Bradford, Esquire Attorney for Plaintiff (-, r~ :.! ., r'.j "::::..;.,:. ~:::.;-::) c..~ _' ..>-r t.' (,) (." \"'l r::? C) c.> PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. SEP 0 1 200P;lht Attorney for Plaintiff y~ Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Randolph A. Shearer No. 04-3406 Civil Term Defendant ORDER AND NOW, this b day 0~~6, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 9/6/06 Per Diem $14.29 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisaVBPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $66,253.75 13,549.96 809.10 1,925.00 2,008.51 2,814.90 193.50 367.00 489.60 20.00 0.00 4,568.24 TOTAL $92,999.56 Plus interest through the date of sale at six percent per anl)JJm. i7- Note: The above figure is not a payoff quote. ~:f it ~~ '~f ------- ~!~ ,. 'r> C'.) ., - 'f) I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 28th day ofDec, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2004 Number 3406, at the suit oflndvmac Bank F S B against Randolph A Shearer is duly recorded in Deed Book No. 276, Page 3767. My e rder of Deeds CUIlllletland Cola1ty. CIlIlIIe. PA I!IrPMe III FIrIt MoIlday of .lIR. 2010 .' Indymac Bank F.S.B. VS Randolph A. Shearer The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3406 Civil Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 15,2006 at 05:53 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Randolph Shearer, by making known unto Randolph Shearer, personally, at 22 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 1 :01 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randolph A. Shearer located at 222 Bosler Ave., Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Randolph A. Shearer by regular mail to his last known address of 22 Falcon Court, Mechanicsburg, P A 17055. This letter was mailed under the date of April 03,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M, He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Fannie Mae. It being the best and highest bid, Fannie Mae, of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $911.69. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge $30.00 17.48 15.00 15.00 30,00 10.00 .50 1.00 26.40 4.64 15.00 20.00 .' Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20,00 335.00 287.60 19.57 25,00 39.50 $ 911.69 ./ IbjV4/C, 1.9- s~/~ R. Thomas Kline, Sheriff ~. ). cd) .)0 f,'P cJ~ b ':Jtj pt, ~ /9'3f/l., .' .' Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION INDYMAC BANK, F.S.B. v. RANDOLPH A. SHEARER Defendant(s), NO. 04-3406 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) INDYMAC BANK F.S.B., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .222 BOSLER AVENUE. LEMOYNE. P A 17043 1. Name and address of Owner( s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, P A 17043 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 1 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) CHASE MANHATTAN BANK-TR 1301 OFFICE CENTER DRIVE SUITE 200 FORT WASHINGTON, P A 18034 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 222 BOSLER AVENUE LEMOYNE, P A 17043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 21. 2005 DATE 'D... (- DANIEL G. SCHMIEG, E Attorney for Plaintiff .' INDYMAC BANK, F.S.B. Plaintiff, CUMBERLAND COUNTY v. No. 04-3406 RANDOLPH A. SHEARER Defendant(s). December 21, 2005 TO: RANDOLPH A. SHEARER 222 BOSLER AVENUE LEMOYNE, PA 17043 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOUW NOT BE CONSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 222 BOSLER AVENUE. LEMOYNE. PA 17043. is scheduled to be sold at the Sheriffs Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71.192.92 obtained by INDYMAC BANK. F.S.B. (the mortgagee) against you, In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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 ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THAT CERT AlN Jot of bnd silUale in rbe Borough of Lemoyne. County pI Cumberland and State of Pennsyh"'u, more particularly designated and described as follows: BEGINNING at a point on the SoUlhern side of Dmler Avenue on ttledividing line between I.ots Nos. 83 and 84, Section B. on tbe hereinafter mentioned Plan of Lots, said point being 180 feet measured in a Westerly direction from Ihe SoutJtwesc <:omcr of &sler A venue and Seco.od Street; lheJJce Soothwardly along said divJding line 150 feet to II point 00 &he Northc:m line of Apple Alley; thence in an Easterly direction along tbe Northern line of Apple Alley 17.5 feet.. more or less. to a point on the line running thmugh the center of the partition wall of the double frame dwelling house erected in part npon the lot herein described; thence in a Northerly direction along said last mentioned line 150 feet, more or less, to Bosler Avenue; thence Westwardly aJo,og the Southern line ofBoxler Avenuc 11.5 feet. more or less, to a point. the place of beginning. BEING the Western half of Lot No. 84, Section B, on Plan No.1 ofRivertOD. said Plan being recorded in IDe Rttordcl"'s Office for Cumberland County in Deed Book J, Volume 4, Page 40. TITLt1'ro SAID PREMISES IS VESTED IN Randolph A, SJ~tr. single. by Detd from Wilbur J. Krantz and Mabel Elizabeth Krantt. his wife. dated 1/3111986 and ~ 215/1986 in Deed Boot Volume 31-5, rage 376. Tax Parcel #12-21-0265.300 PREMISES BEING: 222 BOSLER AVENUE, LEMOYNE, P A 17043 " ,. WRIT OF EXECUTION, and/or ATTACHMENT .' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3406 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B., Plaintiff (s) From RANDOLPH A. SHEARER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,192.92 L.L. Interest TO 6/7/06 (PER DIEM - $11.70) - $7,546.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1464.98 Other Costs ADDITIONAL FEES AND COSTS $6,556.09 Plaintiff Paid Date: DECEMBER 28, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 lUB~1JJ~S ~lBlSg IB~~ ~ h-p~ [~ :Ag 900Z 'PI A.IBnJq~d :~lBa 'U!~J~q P~lBJodJO;)U! ~;)U~J~J~J S!ql Aq pUB l!JM. S!ql ql!M P~I!J "v" l!q!l{Xg uo p~q!l;)S~P AlltlJ ~JOUI '~UAOUI~'1 V d 'AlUnOJ pUBp~qUInJ 'q1JnOJog ~UAOUI~'1 o C:_,..-J e;::..,--) .-~n t::~~: :.;;.., '~nU~A V J~lsog ZZZ SB p~J~qUInu pUB UMOU)l U! p~lBnl!S 4I~dOJd IB~J ~ql U! lS~J~lU! S,lUBPU~J~P €re) Ii\'rU ~ql uodn P~!A~IJJ!l~qS ~ql900Z 'PI A.IBnJq~d uQ ~t # ~IBS ~lBlsgIB~~ Ie: :b 'V h- NVr qOOl Vd 'A1NflOJ OIfvltl38Wn3 .:HI~f3HS 3Hl .:10 33l.:l.:fO .. " ,. ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #35 NOT PUBLIC My commission expires June 6, 2006 ~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ._ to. AIl. ~~~l,IlUr. . ::-'0(: :' , . . . ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ---' SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 b(ptat:y_ I (~r'",<' .~:\;~., ""'"" ii \,; \~, _, , ....:.',':: L:~4""l<i""""',"~\!III!l~:.,j:,,,,,,<""'k~~,*",,""''''''.('''-'''' ."''-;0:;::'1< " "'C't- :R&AL UTATE SALE NO. 36 Writ No. 2004-3406 CM! Indymac Bank F.S.B. vs. RandmphA. Shearer Atty.: Daniel Schmieg ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne. County of Cumberland and State of Pennsylvania, more particularly des- ignated and described as follows: BEGINNING at a point on the Southern side of Bosler Avenue on the dividing line between Lots Nos. 83 and 84, Section B, on the here- inafter mentioned Plan of Lots, said point being 180 feet measured in a Westerly direction from the South- west corner of Bosler Avenue and Second Street: thence Southwardly along said dividing line 150 feet to a point on the Northern line of Apple Alley; thence in an Easterly direc- tion along the Northern line of Apple Alley 17.5 feet, more or less, to a point on the line running through the center of the partition wall of the double frame dwelling house erected in part upon the lot herein described; thence in a Northerly direction along said . last mentioned line 150 feet, more or less, to Bosler Avenue; thence Westwardly along the Southern line of Boxler Avenue 17.5 feet, more or less, to a point, the place of beginning. BEING the Western half of Lot No. 84, Section B, on Plan No. 1 of Riverton, said Plan being recorded in the Recorder's Office for Cum- berland County in Deed Book J, Volume 4, Page 40. TITLE TO SAID PREMISES IS VESTED IN Randolph A. Shearer, single, by Deed from Wilbur J. Krantz and Mabel Elizabeth Krantz, his wife, dated 1/31/1986 and re- corded 2/5/1986 in Deed Book Volume 31-5, Page 376. Tax Parcel # 12- 21-0265-300. PREMISES BEING: 222 BOSLER AVENUE, LEMOYNE, PA 17043. ..,v..~_,_______--