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HomeMy WebLinkAbout01-2391FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA 7105 CORPORATE DRIVE PTX-B35, PLANO, TX 72024 Plaintiff JUDITH N. STUM 100 ONEIDA ROAD, CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 L1BERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 9160979 Plaintiff is: WASHINGTON MUTUAL BANK, FA 7105 CORPORATE DRIVE PTX-B35, PLANO, TX 72024 The name(s) and last known address(es) of the Defendant(s) are: JUDITH N. STUM 100 ONEIDA ROAD, CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/24/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMRESCO RESIDENTIAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1545, Page 138. By Assignment of Mortgage Recorded 9/20/99 the mortgage was assigned to COUNTRYWIDE HOME LOANS, INC. which Assignment is recorded in Assignment of Mortgage Book No. 625, Page 235. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 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. A copy of such notice is attached as Exhibit "A." The following amounts am due on the mortgage: Principal Balance Interest 10/1/00 through 2/1/01 (Per Diem $14.42) Attorney's Fees Cumulative Late Charges 5/24/99 to 2/1/01 Cost of Suit and Title Search Subtotal $65,928.30 1,788.08 3,296.00 203.78 550.00 $71,766.16 Escrow Credit 0.00 Deficit 803.85 Subtotal $ 803.85 TOTAL $72,570.01 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $72,570.01, together with interest from 2/1/01 at the rate of $14.42 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TO: Judith N. Stum 100 Oneida Road Camp Hill, PA 17011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORaMATION OBTAINED FROM YOU WILL BE USED FOR THAT Pb~RPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the morteaee on your home is in default and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached ~a~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helv to save your home. This Notice explains how the vroeram works. To see ifHEMAP can hel~, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when vou meet the Counselin~ A~:encv. The name, address and phone number of Consumer Credit Counseline Aeencies servine your County are listed at the end of this Notice. Ifvbu have any questions, you may call the Pennsylvania Housine Finance Aeencv toll free at 1-800-342-2397. (Persons with impaired hearine can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENC1ONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGiC4. M" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDiMAR SU HiPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Judith N. Stum PROPERTY ADDRESS: 100 Oneida Road - Camp Hill, PA 17011 LOAN ACCT. NO.: 9160979 ORIGINAL LENDER: Amresco Residential Mortgage Corporation CURRENT LENDER/SERVICER: Countrywide Home Loans, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE ~ YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counselinv aeencies listed at the end of this notice the lender may NOT take action aeainst you for thirty (30) days after the date of this meetine. The names, addresses and televhone numbers ofdesienated consumer credit counselinr, a~encies for the county in which the proverty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must till out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications tbr the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be flied or postmarked within thirty (30) days of your thce-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 100 Oneida Road - Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 11/1/00 thru 3/1/01 at $1,403.00 per month. Monthly Payments Plus Late Charges Accrued $7,218.48 NSF: $0.00 Inspections: $107.00 Other: $500.00 (Suspense): $0.00 Total amount to cure default $7,825.48 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not ar)l~licable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,825.48, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash, cashier's check, certified check or money order made payable and'sent to: FEDERMAN AND PHELAN, One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103-1814, attention: Reinstatement Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicqble,) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total ammmt past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your morteaee property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegaI proceedings are stm~ed against you, you will have to pay ali reasonable attorney's fees actually incurred by the lender even if they exceed $50.00 Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rieht to cure the default and vrevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by pavina the total amount then vast due, vlus any late or other charaes then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the SheriWs Sale as specified in writin~ by the lender and by performim, any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Attorney Representing Lender: FEDERMAN AND PHELAN One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Ste.1400 Philadelphia, PA 19103-1814 Contact Person: Phyllis Levin, Reinstatement Dept. EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the SheriWs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X~may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT C3JRED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURILED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT 1N ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, FEDERMAN AND PHELAN, LLP Cc: Countrywide Horme Loans, Inc. Attn: Nancy Gray Account No.: 9 t 60979 Mailed by Ist Class mail and by certified Mail No: 71~6 4575 1294 29~0 2881 [*lei; P. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Lycommg-C1iaton Ccanfies Conmaision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamspon. PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeaztem PA 20[ Basin Sweet Williamsport, PA [7703 (570) 323-6627 FAX (570) 323-6626 31 W, Marl:ct Street POI5 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 8'21-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilket-B~re, PA [8702 (570) 826-05 l0 or (800) 822-0359 FAX (570) 829-1665~Call Before Faxing) (570)455-4994 Hazeltown FAX (570) 455-563 [--(Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center [720 Holland Center Erie. PA 16503 (814) 453-5744 F.A~ (814) 5749 John F. Kennedy Center, [nc. 2021 East 20a' Street Eric, PA 165t0 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-i757 Urban League of Metropolitan Harrisburg N. 6a Stceet Hawisburg, PA 17101 (717)234-5925 FAX (717) 234-9459 Community Action Corem oftbe Capital Region 15 [4 Derry Street Harasburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 (REv. 8/0O) CLINTON COUNTY CCCS of Northeastern PA 1631 South Athenon St., Suite 100 Sta~ College, PA 16801 (814) 238-3668 FAX (814) 238-3669 COLUMBIA COUNTY 1400 Abington Executive Park Suite 1 Clarks Summit, PA [8411 (570) 587-9163 or (800) 922-9537 FAX (570} 587-9134-9135 CRAWFORD COUNTY CUMBERLAND COUNTY Greater Erie Community Action Committee 18 West 9a' Street Erie, PA 1650l (814)459-4581 FAX (814) 456-0[61 Shcnango Valley Urban League, Inc. 601 Indiana Avenue FatT~ll, PA 16121 (412) 981-53 [0 Financial Counseling Sen'ices of Franklin 31 West 3~ Street - Wayncsboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 ~G" Street Carlisle, PA 17013 .. (717)243-3818 FAX (717~ 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 ~I.L THAT CERTAIN ~i~ce or parcel of land with the buildings John's church Road and at dividing line between Lot~ NOS. 7 and 8 on the hereinafter mentioned plan of lots; thence al~g same South 36 65 feet to a point; thence South 57 degrees 55 minutes West 20.38 feet to a point at dividinq line bet'~een Lots 6 and 7 on said plan; thence along same North 36 degrees west 135.10 feet to a point on the southerly line of Oneida Road aforesaid; thence along s~x~e North 54 degrees East 60 feet to a point the place o~ BEGINNING. BEING Lot No- 7 on Plan of Lots known as Orchard Hills and having. known as 100 Onei4a Road. BEING the s~ne premises which Roland L. Guard and Genevieve Guard, husband and wife, by their deed dated April 25, 1959, and recorded in Curaberland County Deed Soo~ C, Volume 19, Page 298, granted and wife. The said Charles F. Mulligan died Septe~er 8, 1990, whereupon title vested in Alwilda S. Mulligan, the decedent, by operation of belonging or in any wise appertaining and the reversions and the said ~WILDA S. MUI~LIGAN, at and in~aediately before the time TO ~ ~D TO HOLD the ~aid lot or piece of ground above only proper use and behoof of the ~aid Gr~tee, forever. And the said Grantors, for themselves and their respective heirs, thing whatsoever whereby the premises hereby granted, or amy part VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, 1NC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that tiffs statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASINGTON MUTUAL BANK, FA 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 72024 Plaintiff VS. JUDITH N. STUM 100 ONEIDA ROAD CAMP HILL, PA 17011 Defendant(s) : CUMBERLAND COUNTY : : COURT OF COMMON PLEAS : : CIVIL DIVISION : : NO. 01-2391 .. : : : ._ PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against JUDITH N. STUM, Defendant(s), for failure to file an Answer to Plaimiffs 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 2/1/01-6/8/01 $72,570.01 $1~845.76 TOTAL $74,415.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE~LNkfl~ ]]l C,~(~ ~__________~_~[k~ ~p~pRff~H~y~ ~k.)~ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATrEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ~* FEDERMA/~ AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA : COURT OF COMMON PLEAS : CIVIL DIVISION vs. : CUMBERLAND COUNTY JUDITH N. STUM : NO. 01-2391 Defendant (s) TO: JUDITH N. STUM 100 ONEIDA ROAD CAMP HILL,PA17011 DATE OF NOTICE: MAY 23,2001 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASINGTON MUTUAL BANK~ FA VS. JUDITH N. STUM Attorney for Plaintiff : CUMBERLAND COUNTY : Plaintiff : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-2391 : 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 JUDITH N. STUM is over 18 years of age and resides at 100 ONEIDA ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) WASINGTON MUTUAL BANK, FA Plaintiff VS. JUDITH N. STUM Defendant(s) : CUMBERLAND COUNTY : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-2391 : : Notice is given that a Judgment in the above captioned matter has been entered against you on JUNE ,2000. By DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAEC1PE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, FA Plaintiff, JUDITH N. STUM Defendant(s). CUMBERLAND COUNTY No. 01-2391 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/8/01 to 9/5/01 (per diem - $12.23) TOTAL $74,415,77 $1,088.47and Costs $75,504.24 ONE PENN CENTER at SUBLrRBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. BEING KNOWN AS: 100 ONEIDA ROAD WASHINGTON MUTUAL BANK, FA Plaintiff, JUDITH N. STUM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2391 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANI~L FA, 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 100 ONEIDA ROADCAMP HILL, PA 1701~ Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JUDITH N, STUM I00 ONEIDA ROAD CAMP HILL, PA 17011 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cart be reasonably ascertained, please so indicate Same as above Name and address of every judgment creditor whose judgment is lien on the real property to be sold: a r/ NAME LAST KNOWN ADDRESS (If ac[ c,annot be reasonably ascertained, please so e.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so indicate.) NOlle Name a~d 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 catmot be reasonably ascertained, please so indicate.) Name and address of every other person whom the plaintiffhas knowledge who has any interest in th* property, which may be affected by the sale: LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Xenan~ccupant 100 ONEIDA ROAD CAMP HILL, PA 17011 Domesti~telations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Common~lth of Pennsylvania Oepartmerf Weffare PO Box 2675 Harrisburg, PA 17105 I verify that tt.atements made in this affidavit are tree and correct to the best of my personal Knowledge or infor~n and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C cc. 4904 relating to~/...L..~. / z I ///unsw°m falsificati~qto ant))~orities. DATE /FRANK FEDERMAN,-ES QUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA Plaintiff, JUDITH N. STUM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2391 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) 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. ~~~ FEDERMAN, ES.~UIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA Plaintiff, JUDITH N. STUM Defendant{s). TO: JUDITH N. STUM 100 ONEIDA ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-2391 CML TERM June 11, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 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 100 ONEIDA ROADCAMP HILL, PA 1701 lis scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by WASHINGTON MUTUAL BANK, FA (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the DECEMBER 5, 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charg, costs and reasonable attorney's fees due. To find out how much you must pay, you r call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or op, 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. l. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full mount due is paid to the Sheriff and the Sheriffgives 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 BEING KNOWN AS: 100 ONEIDA ROAD PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WASHINGTON MUTUAL BANK, FA JUDITH N. STUM SERVE JUDITH N. STUM AT 815 APPLETREE LANE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No.01-2391 CIVIL TERM Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to d~ ~) i-T~ ~-~7'O{ ~ , Defendant, on the at ~:~ ,o'clock/~_.m.,at ?13~ J~/~,~{-./~'7~2~· {_,e~JC~ day of J" t../ ,2001, , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. --~.~tdult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging 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, i(8 ~,/-- tl} , ~'4.C6/ , 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. NOTARIAL SEAL Sworn to and subscribed GRACE E. SPITAL, Notary Public befor me this /~ day Susquehanna Twp., Dauphin County NOT SERVED On the . day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer __ Vacant Other: Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Washington Mutual Bank, FA VS Judith N. Stum In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2391 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff' s Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 16.25 Levy 15.00 Advertising 15.00 Certified Mail 1.38 Poundage 264.60 Postpone Sale Law Journal 242.15 Patriot News 206.94 $853.48 paid by attorney 8/31/01 Sworn and subscribed to before me This to ~'~ day of ~_5/zTf,~ 2001, ^.n. Prothonotary So Answers: R. Thomas Kline, Sllenff Re'al Estake Deputy WASHINGTON MUTUAL BANK, FA JUDITH N. STUM Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2391 CML TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, FA, Plaimiffin 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 100 ONEIDA ROADCAMP HILL, PA 17011 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) JUDITH N. STUM 100 ONEIDA ROAD CAMP HILL, PA 17011 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and 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 so indicate.) None REAL ESTATE SALE 11118reit In tim real property situated in ~'~ ~ ¢..4Jmberland County, Pa., known and numbered as: ~"I~V~-'P ~ and mom fully described on ExllibJt "A" filed witt' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS, Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the 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: JULY 20, 27, AUGUST 3, 2001 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. REAL E~TATE ~ NO. 43 Writ No. 2001-2391 Civil Washington Mutual Bank, FA Judith N. Sturn Atty.: Frm~k Federmart ALL '[ItAT CERTAIN piece or par- cel of land with the buildings and hnprovements thereon erected situ ated in the Lower Allen Township, cumberland County, Comrc~nwealth of Pennsylvania, more paxticularly bounded and described as follows~ to wtt: BEGINNING at a point on the southerly gne of Oneida Road which point is 85 feet West of the South- westerly comer of Oneida Road and St. John's Church Road and at di v/ding line between Lots Nos. 7 and 8 ors the hereinafter mentioned plan Ro~~Editor - SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST~ 2001 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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 M~iscellaneous Book "M", Volume 14, Page 317. PUBLICATION .~../.., ~'~ py ............................. 7' ............................................................. CO Sworn to and subscribed befor~e~is 21 s~d'"~of '~t 2001 A.D. s A L E //J / ....... · .. ~~-- M,~,~.~ ~ I NOTARY PUBLIC ~~ M~t~[, P~ns~A~a ~ My commission expires June 6, 2002 ~ CUMBERED ~U~ SHERIFS ~F~E ~~' ' CUMBERED COU~ C~USE ~~ CARLISLE, PA, 17013 iaaa wllh ~ ~ S~ ~ L~ L,~3we~ AIk~ Town'shil~, Cumbe,riand C6~nly, ~aw~ I $ 205.44 ~s~h~ Publisher's Receipt for Advertising Cost f~a~g ~ ~ ~ ~ 7 ~ 9 ~ ~ ~; i~ a~g ', publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ ~h 01 deg~ 37 mi~l~ ~ ~ I~ receipt o~ the aforesaid notice and publication costs and ce~ifies that the same have ~een au[y pa~a. Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 72024 VS. No.: 01-2391 CIVIL TERM JUDITH N. STUM 100 ONEIDA ROAD CAMP HILL, PA 17011 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on JUNE 6, 2001 vacated upon payment of your costs only. Frahk Federman, Esquire Attorney for Plaintiff August 6, 2001 SHERIFF'S RETURN - CASE NO: 2001-02391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STUM JUDITH N REGULAR RICHARD E. SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE STUM JUDITH N DEFENDANT , at at 100 ONEIDA ROAD CAMP HILL, PA 17011 JUDITH STUM a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1118:00 HOURS, on the 2nd day of May by handing to and attested copy of COMPLAINT - MORT FORE the , 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.06 Affidavit .00 Surcharge 10.00 .00 36.06 Sworn and Subscribed to before me this 2 3~( day of po 2~3/ A.D. ~ hor~. ot~ ' ,L~/~7'2 So Answers: R. Thomas Kline 05/02/2001 FEDERMANBy: & ~ fD~puty Sheriff Writ No. 200t-2391 Civil Washington Mutual Bank, FA vs. Judith N. Stum Atty.: Frar~k Federman ALL THAT CERTAIN piece or par- cel of land with the buildings and improvements thereon erected situ- ated in the Lower Allen Township, Cumberland Cotmty, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Oneida Road which point is 85 feet West of the South- westerly comer of Oneida Road and St. John's Church Road and at di viding line between Lots Nos. 7 and 8 on the hereinafter mentioned plan of lots; thence along same South 36 degrees East 85 feet to a point at dividing line between Lots Nos. 7 and 9 on said plan; thence along same South 01 degree 37 minutes West 65 feet to a point; thence South 57 degrees 55 minutes West 20.38 feet to a point at dividing line be- tween Lots 6 and 7 on said Plan; thence along same North 36 degrees West 135.10 feet to a point on the southerly line of Oneida Road afore- said; thence along same North 54 degrees East 60 feet to a point the place of BEGINNING. BEING LOt. No. 7 on plan of Lots Imown as Oreha~l Hills and having thereon erected a one and one-half story brick and frame dwelling known as 100 Oneida Road. BEING KNOWN AS: 100 ONEIDA ROAD.