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HomeMy WebLinkAbout01-2637FEDERMAN 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 19103-1gl4 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION sYSTEMS, INC. 8201 GREENSBORO DRIVE, sUITE 350 MCLEAN, VA 22102 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERIVl NO. o cUMBERLAND COUNTY LINDA L. LIDDICK 1004 EAST SIMPSON STREET MECHANICSBURG, PA. 17055 Defendant(s) CML ACTION - LAW cOMPLAINT Hq 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 fo~h in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a wri~n appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You ate 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 AFFOKD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5770416S$3 o Plaintiff is MORTGAGE ELECTRONIC REGISTRATION sYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(as) of the Defendant(s) are: LINDA L. LIDDICK 1004 EAST SIMPSON STREET MECHANICSBURG, PA. 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/25/93 mongagnr(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC BANK, N.A. which mortgage is recorded in thc Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1173, Page 996. By Assignment of Mortgage recorded 3/29/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 608, Page 76. Thc premises subject to said mortgage is described as attached. The mongaga is in default because monthly payments of principal and interest upon said mortgage duc 1/1/01 and each month thcreaRer 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 at~ached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 12/l/00 through 4/I/01 (Per Diem $11.66) Attorney's Fees Cumulative Late Charges 10/25/93 to 4/I/01 Cost of Suit and Title Search Subtotal $62,183.38 1,422.52 3,109.00 44.56 oo $67,309.46 Escrow 224.01 Credit 0 00 Deficit ~ Subtotal TOTAL $67,085.45 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 patty purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. 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 be~to 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 $67,085.45, together with interest from 4/1/01 at the rate of $11.66 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff &' 0' MORTGAGE ,dsldslmdmlddsulS~ %00& · iLl. Ion Ik.-~, lialli~gs4suzl {llilBlillilllil ~o~1.173 ~ 9917 {{IJe.(llt(pA)~,dm Pmme· d · ~1173 ~ 099 · ~l. blair iii ,i~lu' Jlqln"~ ,maim ,.F-,., -- -- .---- ~mm m d mlmmmmmmmm .~dd. Imd~ m m II'b zldmm~m~ m m I~mm% at '~&" k i r'l Cbmdm~ lilmr Susan Hall 4242 Ci'f'l|$1u Pike, hip KITI,~°PAk~I o1~1 dl~llM'"nld'ldml~'' PO. Box 9el 6aitheqb4Jrg. MO ~0698.9481 Linde ~. Ltddtck 1004 E Simpson .echanicsburg P~055-3465 RE: Loan NO. 5770416883 Dear Mortgagor: Act 91 Notice Take Action to Save Your Home From Foreclosure This is an official notice t/tat the ~rtaaoe on your home is in defaultf and the len~= intend~ to foreclose. SPecific informaLLon about the nature of the default is provided in the attached De~es. The HO.EOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE.AP) may be able to help to save your home. This notice exp]~4nm how the Drov~work-. To see iX HENAP can helD, VOU must MEET WITH A CONSUMER CREDIT cOUNSUtTNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take rh~m notice with you when you ~met with the counseling agency. The .~m~, address, ~-~ phone m~mhe_r of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. IX you have any questions, you may call the Pennsvlvania Housinq Fl~a~ce Agency toll-free at 1-800-342-2397. (Persons with imoai.ed hearing can call (717)780-1869.) This Notice contains important legal information. I~ you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La not~ficacion en adJunto es de suma importancia, pues afecta su derecho a continuer viviendo en su casa. Si no comprende el con~enido de es=a notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numeromencionada arriba. Puedes set elegible para un pres~amo el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salver su casa de la perdida del derecho a redimir su hipoteca. DF350-002/C26 EXHIBIT A March 13, 2001 Loan No. 5770415883 Page 2 Homeowner'S Name: Ltnda L Ltddtck Property Address: 1004 E Simpson St Mechanicsbu PA 170§5 Loan AccOtmt No.: 5770416883 lnal Lender: PNC BANK, NATiON~.A~.~0C~TION ~ent Lender/Servicer: Fir.~ Nat~onw~ae ~ortgag. YOU NAY BE ELI~TnT't FOR FZNANCZAL FOu~r~B~ ~ ~.~ ~u~ ~ ru'ru~ ~R~ pAx~-~a PA Act 91 IF YOU c~LY ~TH ~ (~E u~e), ~U ~Y BE ELIGIBLE FOR ~BZBT~E ~T 0F 1983 * IF YOUR DEFAULT HAS BE~ CAUSED BY CIR¢I~TANCES ~ YOUR cONTROL, * IF YOU HAVE A REABO]~ABLE pROSPECT OF BEING ABLE TO PAY YOUR NGRT~AG~ pA'~MBHTB, AND * IF YOU MEET OTHER ELIGIBILITY R~QUIItEM~NTB ESTABLISHED BY THE pENNSYlVANIA HOUSZNG FINANCE ABbaCY. FOP~CLOBUP*E - Under the Act, you are entitled to a T~lpOp~_v.y STAY 0~ ......... rt-a~e for thirty (30) day~ temporary s ¥ ...... .-.4.. ~ t time you must arrange ~rom the date o~ thls ~o=~u. ~....., .ha desi aced consumer " 'n with one o~ the gn credit counseling agenc~e- A..~-~ -- - THIS z~ETZ BRING YOU~ NO~T~a~ _ NGRTGAGE ASSISTANCE YOU MUST T ' ...... ~ ..... ~T~ YOUR~T~-~ UP TO DAT~. DF353-001/C26 E%HtB[I' A March 13, 2001 Loan No. 5770416883 Page 3 counss zna s czss - zf meet wl h =he lender ~Y ~ take ac=ion against you zor tn~r~y, to? u ~ ....... the date of =his ~e~lng. The ,~m,~, addresses ana :eleDnone of the desi~ated cons~r credl~ co~selina aaencies for co~t~ zn which =he ~ODm~ iS located are set forth a= the end of this Not~ce. It is onlyPnecessa~ :o schedule one face-to-face ~mting. Advise len~r ~ of your inten=ions. ApPLI~TI~B FOE~ ~SIBT~E - Your mortgage ls in ~fault for =he reasons set forth later in this Notice (see foll~ing pages ~or specific info~ation ~out the nature of your default). If you have tried and are ~le =o resolve =his probl~with =he len~r, you have ~he right to apply for fin~cial assist~ce fr~ =he H~er's ~ergency Mortgage Assis%ance Progr~. To do so, you must fill out, si~ ~d file completed H~o~ers' ~rgency Mortgage Assistance progr~plica=ion with one of the designated cons~r credit co~seling agencies lis~ed at ~he end of this Notice. Only cons~r credit counseling agencies ha~ applications ~or =he progr~ and they will assis~ you in s~==ing a c~lete application =o the pe~sylv~ia Housing Finance Agency. Your a~lica=ion ~ST be filed or ~s~rked within thirty (30) days of your face-Co-face ~e=ing. ~U ~BT FZL~ ~U~ APPLZ~TI~ P~Y. IF ~U FAIL ~ ~ ~0 OR IF FO~C~B~ ~Y P~E~ ~T ~UR H~ ~DIATELY ~ YO~ ~pLI~TI~FOR~ ~aIBT~E~LL BE D~IED. ~ ~I~ Avail~le f~ds ~or ~rgency ~r~gage assis=~ce are very limited. They will be disbursed by =he Agency ~r ~he eligi- bili~y criteria es~lished by ~he ~. The Pennsylv~ia Housing DF353-001/C26 EXHIBIT A March 13, 2001 Loan No. 5770416883 Page ¢ PA Act 91 Finance Agency has sixty (60) days to make a decision after it receives your application. During that tim~, no foreclosure proceedings will be pursued against you if you have met ~.he time requirements set forth above. You will be notified directly by ~he Pennsylvania Housing Finance Agency of its decision on your application. NOTB: IF YOUARB CURR~LY PROTBCT~D BY THE FILxmQ OF A ~nTA~A0~ IN BANKRUPTCY, THE FOLLOWING PART OF THIS IB FOR i~FOR~ATIOW PUP~OBES 0~LYAND SH0~LDNOT BE C0~SID~P~D AS AN ATT~PT TO COLLECT THE DBBT. (If you have fixed bankruptcy you cnn still &pply for Eme=gency Xortaeae HOW TO CURB TOUR MORTOA~E DEFAULT (Brin~ it up to date) NA'A-UKE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1004 E Simpson S2 Mechanlcshu PA 17055 IS SERIOUSLY IN DEFAULT because: YOUHAVE NOT NADE YOUR~0~THLYMORTGAGE PALMISTS for the following months and the following amounts/are now past due: Month. ,t 577.3 i Months at $646.13~ / 646.13 I Months at $582.190," 582.19 Late Charges Bad Check Fees Foreclosure Fees Bankruptcy Fees Other Fees Less Suspense Balance TOTAL ~ DUE 44.56 .00 .00 .00 7.00 57'00 .25 AS OF THIS DATE HOW T0 CURE THB DEPAULT - Y°i~yCUre~B the default within THIRTY (30) DAYS of the date of this not PAYING THE TOTAL AMOUNT PA~T DUE TO THE LE~DBRWHICH IS S 1,~.25 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments m~t be made either by cash~ cashier's check~ certified check, or money order made payable and sen= to: Flrlt Nationwide ~ortgage Co~poration Dept. 0107 Palatino, IL 60055-0107 DF354-001/C26 EXHIBIT A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REv. 8/0o) CR~WFORD COUNTY Lycoming. Clinten Counties Commisiun For Community Action (STEP) 2138 Lincoln Sueet P.O. Box 1328 Willlamspo~. PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Nonhensm'n PA 201 Basin Sgeet Willienupo~ PA 17703 {570) 32~-6627 FAX (5701323-6626 31 W. Mnrket Sucet POB 1127 Wiikes-Ban~. PA 18702 (570) 821-0837 ~ (800) 922-9537 FAX (570) 821-1785 Commission on Economics Oppommity of Luzeme County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 o~ (800) 822-0359 FAX (570) 829-1665.--(C~1 Before Foxing) (570)455-4.994 HazelMwn FAX (570) 456.5631-~(Call Before Foxing) ($70) 836-4090 Tunkluunock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FA.~C (814) 5749 John F. Kennedy Center, Inc. 2021 East 20~' Street Erie, PA 16510 (814) 898-0400 FA.',((814) 898-1243 CCCS of Western penn~,lvania, Inc. 2000 Lioglestewn Road Hnnisburg. PA 17102 (717) ~141-1757 Ut'oun League of Meuogoliten I.la~sburg N. 6a Su~et Hnn~sbutg, PA 17101 (717) 234-5925 FAX (717) 234.9459 Community Actmn Corem or'the CapiM Region 1514 Dent Steer Hnn'isburg, PA 17104 (717) 232-9757 FAX (717) 2342227 CCCS of Nestheastem PA 1631 SoutA Athefloo SL, Suite 100 State College. PA 16801 (814) 238-3668 FAX {814) 238-3669 1400 AbmStun Executive Pork Suite I Clarks Summit. PA 18411 (570) 587.9163 or (800) 922.9537 FAX (570) 587-9134-9135 Orenter Eric Communtty Acuun Commit~xe 18 West 9~' SLeet Erie, PA 16501 (814) 409~581 F~ (814) 45~161 Shco~{o Vd~ U~ Lea~e. ~. 601 ~dimn Argue F~II, PA 16121 (412) 981-53 ~0 Fiounciel Counseling Se~ices of Franklin 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Cn~llsle 301 "G" S~ect Carlisle, PA 17013 · (717) 243-3818~ FAX (717) 73i-9589 Adams County Homing Authm'ity 139-143 Cadisl¢ St. GettTsbur0, PA 17325 (717) 334-.1518 FAX 334-8326 PENNSYLVAzNIA BULLETIN, VOL. 29, NO. 11. JUNE 5, 1999 EXHIBIT A PR~I~SES ON: 1004 EAST S~NPSOM STREET FEDERMAN & PHELAN VERIFICATION DENNIS KIEFT hereby states that he is VICE PRESIDENT of FIRST NATIONWIDE MORTGAGE CORPORATION, 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 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: De'eft, Vice President SHERIFF'S RETURN - CASE NO: 2001-02637 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELEXTRONIS REG SYSTEM VS LIDDICK LIN-DA L REGULAR CPL MICK BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LIDDICK LINDA L the DEFENDANT , at 1915:00 HOURS, on the 3rd day of May at 1004 EAST SIMPSON ST , 2001 MECHANICSBURG, PA 17055 LINDA LIDDICK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before me this 23~A._ day of  ~ f A.D. 0._ 7 ! P~othonotary So Answers: R. Thomas Kline 05/04/2001 FEDERMAN & PHELAN FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 VS. Plaintiff LINDA L. LIDDICK 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2637 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiffand against LINDA L. LIDDICK, 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 4/1/01 TO 6/11/01 $67,085.45 $839.52 TOTAL $67,924.97 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 HERESY ASSESSED AS INDICATED. DATE: I ___ PRO rRO'l'lff **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 AI'FEMIrF TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY VS. LINDA L. LIDDICK : NO. 01-2637 Defendant(s) TO: LINDA L. LIDDiCK 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: 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. IMP ANT OTI 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: CUNIB£RLAND COUNTY £'UMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AV£NUE CARLISLE. PA 17013 (717~ 249-3166 Frank Federman, Esquire Attorney for Plaintiff ~n~a~'S RETUPdg CASE NO: 2001-02637 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLASrD MORTGAGE ELEXTRONIS REG SYSTEM VS bIDDICK LIN'DA L - REGULAR CPL MICK BARRIcK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LIDDICK LIN-DA L the DEFENDANT , at 1915:00 HOURS, at 1004 EAST SIMPSON ST on the _3rd day of May , 2~001 MECHANICSBURG, PA 17055 LINDA LIDDICK by handing to a true and attested copy of C~OMPLAINT - MORT FORE together with and at the same time directing He____r attention to the contents thereof. Sheriff,s Costs: Docketing Service 18.00 Affidavit 6.82 .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before me this _ day of So Answers: R. Thomas Kline 05/04/2001 FEDERMAN & PHELAN Prothonotary FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 1215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff Attorney for Plaintiff : CUMBERLAND COUNTY Court of Common Pleas vs. : CIVIL DIVISION : LINDA L. LIDDICK : NO. 01-2637 .* Defendant(s) : VERIFICATION OF NON-MILITARy SERVICE FRANK FEDERMAN, ESQUI~, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise wi~n the provisions of the So/diem' and Sailors' Civil Relief Act of Congress of 1940, as amended Co) that defendant LINDA L. LIDDICK is over 18 years of age and resides at 1004 EAST SIMPSON STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ~ CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : VS. LINDA L. LIDDICK Defendant~) : CIVIL D/VISION NO. 01-2637 Notice is given that a Judgment in the above N~a~t..._~. captioned matter has been entered against you on If you have ally questions COncerning this matter, please contact: FRANK FEDERMAN ESOUiRv; Attorney for Filing Party - -- One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 **THIs FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANy KR PTCy AND THIs DEBT WAS n.~ ~..?._HAVE PREVIOUSLY N~. ~,AI"I"IRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLy ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION : SYSTEMS, INC. : Plaintiff, : LINDA L. LIDDICK : : Defendant(s). : CUMBERLAND COUNTY No. 01-2637 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/11/01 to 9/5/01 (per diem - $11.17) TOTAL $67,924.97 $960.62 and Costs $68,885.59 ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. Ar.I_ THAT CERTAIN ~ract of land situate in the Borough of Mechanicsburg, County of / Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Simpson Ferry Road, said point being at a distance of 960 feet measured in a westerly direction from the westerly line of lands now or formerly of the Koller F~t~te; thence along lands now or formerly of Leroy Zimmerman South 10 de,,,'~o F~* '~,'~ feet to point, thence along lands now or formerly of Howard Gamber, South 80 degrees West 75'~/'' feet to a point; thence by other lands now or formerly of Arthur W. Warren, North 10 degrees West 200 feel to a point in the center line of Simpson Ferry Road; thence along the center line of Simpson Ferry Road North 80 degrees East 75 feet to the place of BEGINNING. TAX PARCEL #17-23-0561-006. TITLE TO SAID PREMI.SI~_S IS VESTED IN Linda L. Liddick, single person by Deed from Richard M. Kemer and Pamela D. Kemer, formerly Pamela D. Benoit, his wife dated 10/25/93 and recorded 10/28/93 in Record Book 36 P Page 723. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, LI~DA L. LIDDICK De~ndan~s). CUMBE~ COUNTy No. 01-2637 TO: LINDA L. LIDDICK 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 June 12, 2001 **THIS FIRM IS A DEBT COLLECTOR ATI'EMPTING TO COLLECT A DEBT AND ANY II'FORMATiON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE BANKRUPTcy AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHO TO BE AN ATTEMPT TO COLLECT A DEBT ........... ULD NOT BE CONSTRUED , t~u I ~OI~L¥ ~NFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1004 EAST SIMPSON STREETMECtlANICSBURG, PA 17055is scheduled to be sold at the Sheriff's Sale on SEPTEMBER $, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the (the DECEMBER 12, 2001 Sheriff's Sale. ~NOTICE OF OWNER'S RIGHT?_; 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 hack payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~ 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.) RIGHTS EVEN IF THE SHERIFF S SALE DOES TAKE ~ VE OTHER ....... ~ ,v ~r~. ~tlEI~IFF*s SALE~ 1. ffthe Sherit'fs Sale is ,or stopped, your property will he sold to the highest bidder. find out the price bid by calling/215) 563-7000_ You may 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 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 amount due is paid to the Sheriff and the Sheriffgivas 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 Sheriffwithin ten (10) days after the distribution is filed, filed with the 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 LA OR CANNOT AFFO ONE_ G AT ONCe. IF YOU DO NOT.A o,-~.uw 1'O FIND O-'~' ,, ....... ' O TO OR TELEPHO~ ',',- .... VE ,-,~ wr~.l~ YOU CAN GET LEGAL HELP. "~' ~ro,. oi~I'ICE LISTED CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ...... ,'~o~OCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTy COURTHOUSE CARLISLE, PA 17013 (717) 249=3166 (800) 990-9108 ~.-umberl ,-, tract of/and situate ~. ~60 feet m~ ~ a ter ~e of S' KO,er ~..~_ ~est~ly d~e~- - ~on ~. ~ . ~ -~ to a Po~r ,~ ~s ~ now ~- ~- ~¢ wes~Iv F ..... md po~, ~= ,,. ~. P~C~ ~17.~561~' ~. ~GI~NG. ~. ~. recorded 10/28/93/n ReCord Book 36 p Page 723. · cnozt, his wife dated 10/25193 and · ,acriy Pamela D Il- .~*= person by Deed from PEDERMAN and PHP--LAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 ATTORNEy FOR PLAINTIFF MORTGAGE ELECTRONic REGISTRATioN SYSTEMs,/NC. LINDA L. LIDDIcK Plaintiff, Defendant(s). CUMBERLAND COUNTy COURT OF COMMON PLEAs CIVIL DIVISION NO. 01-2637 (X) Act 91 procedures have been fulfil/ed Tiffs certification is made subject to the penal/ica of 18 Pa. C.S. Sect/on 4904 relating to Unsworn falsification to au/hogties. S¥$1:~MS, INC. lqNaU~p~; r~er't~o~ab'~ ~c~'~°'' same as above ~hose ~ud~ ~s · recor~ ~ieu o~ ~h~ of cve~ ~ud~t crcdROr _~o (I~ ~ss c~°t bo ~e ~d addreSS ~.,~ ~D~a ~ _~ iudicatc.) N ~E rc~ouao~ --- S~ RoeBUCK ~ ~O~ P~ ~403 CO. Name and add,~ NAA4E '~ ess O~ ~e 1~t ~o~ holder O~ever' CONsuMER y ~ce~n~ _,o~' ([f a~ _ MORTG~ CO. ANIcsBu~ 5. nd add~ss OF eve~ other pe~on ~ho has an . None ,ozy ~cen~ned ~SS (Irides~ ~ pe~y: 6. ' Pm~e so in-. ~ ~ot be "u~cate.) ~e and add mt~st m.. . ~ss OFcve- .. ,y oe aff~t~ 7 y O~er Pee- wee ~ oY ~e ~le: un Who h~ ~y ~o~ interst m the PmPe~y ~d Whose None ~onab]y ~o=_ ~D~SS ~,~ . ~ ~=c so ~hdicate.~Ot be N~e ~d ' ' aad~ss o . Tenau~Oecupaut ~AST ~0~ . - ~,ge who h~ ~y interest , Pmase so ina:_ ~ C~ot be ~Omestic R-' I ~ EAST SIM -,cate.) Coua~ ~'atioas °t CUmberlaad ment of Welfa~ nsyivania 7. I ~er/~ ,~ ~0 Box 2675 ~ledp~ ''~ ~at ~e sra. ~rrisbu~ ,,: ~or ~n~o~... "~e~ents ~_ . - ~' ~ 1710S ,,es or'lB Pa ~'~r~on ~d ~-,. ~,c m this ' ~ mlatin,':~e~t~d 'On, *wo~ ~alsifi--.."te~e~ts he~;_ TM oest of _ o~r to the FEDERMAN 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 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION VS. Plaintiff NO.: 01-2637 CUMBERLAND COUNTY LINDA L. LIDDICK Defendant PRAECIPE TO MAR1/JUDGMENT TO USE OF PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of: First Nationwide Mortgage Corporation FEDEKMAN AND PHELAN, LLP Attorney for Plaintiff SALE DATE: SEPTEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONWIDE MORTGAGE CORPORATION No.: 01-2637 VS. LINDA L. LIDDICK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO P~a. R.C.P. 405 OF NOTICE OF Plaintiffin the above action sets forth as of the date the Praacipe for the Writ of Execution was filed the following information concerning the real property located at: 1004 EAST SIMPSON STREET MECHANICSBURG PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. August 14, 2001 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. LINDA L. LIDDICK Plaintiff', Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2637 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ~MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ~laintiffin the above action, by its attorney, FRANK FEDERM.~aN, 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 I004 EAST .SIMPSON STREETMECHANICSBURG~ PA 170~., 1. Name and address of Owner(s) or reputed Owner(s): NAME LINDA L. LIDDICK LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (Ifaddreas 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 SEARS ROEBUCK AND CO. LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 267 E. MARKET ST. YORK, PA 17403 Name and address ot'the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be BENEFICIAL CONSUMER DISCOUNT CO. D/B/A BENIFICIAL MORTGAGE CO. reasonably ascertained, please so indicate.) 4910 CARLISLE PIKE, STE 104 ME CHANICSBURG, PA 17055 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.) None .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 (Ifaddress cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare LAST KNOWN ADDRESS (Ii'address cannot be reasonably ascertained, please so indicate.) 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 June 12 2001 DATE I verify that the statements made in this affidavit are true and correct to the best ofmy personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of]8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Attorney for Plaintiff DATE: June 12, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) LINDA L. LIDDICK PROPERTY: 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Improvements: Residential Property. CUMBERLAND COUNTY Thc above-captioned property is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in Cumberland County Courthouse~ South Hanover Stree~ Carlisle PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days aider sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within I0 days after the filing of the schedule. LH Mortgage Electronic Regis~xation Systems, Inc. VS Linda L. Liddick In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2637 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 6.50 Levy 15.00 Advertising 15.00 Certified Mail 1.71 Poundage 11.03 Postpone Sale Law Journal Patriot News 232.85 562.50 paid by attorney 10-10-01 This/a ~'' day of ~ R. Thomas Kline, Sheriff 2001.A.D. ° /~- ~"'~'~" ~)~BY~O _~ .~/~x Prothonotary Real Estate Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, LINDA L. LIDDICK Plaintiff, Defendant(s). CUMBERLAND cOUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2637 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC.. 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 1004 EAST SIMPSON STREETMECHANICSBURG~ PA 170S5 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) LINDA L. LIDDICK 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 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.) SEARS ROEBUCK AND 267 E. MARKET ST. CO. YORK, PA 17403 REAL ESTATE S/~I..E No..~ :~ .t ~, ~/c~.~ I~/, 2¢~ f [ne 5nerltl levied upon the ae~enaam. interesl in the real Drol~ert¥ ~ituated in Cum~rlana County, Pa.. Known and numbered a~:/bo~/~'~t~r-..-~.~ 7~.J~,~ and more fully described on Exhibit "A" filed with this writ and by this reference incorporated hereifl. qate: J~-- ~/,~ol By:~ 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: 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 o£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, 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 advertisamcnt, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ BSTATB 8ALB ~0. ~ Writ No. 200]-2637 Civil I~e Mortgage Electronic · glstratlon Systems. Inc. Llnda L. Llddlck Atty.: Frank Federman ALL THAT CERTAIN tract of land ~nmte in the Boroug~ of I~k'chanlce. burg. Goumy of C:umborland. Com- monw~Jth of Permsyhnmla. more particularly bounded and deacribed aa followa, to wit: BIgGINNINC, at a point tn the cert. ~' line of Simlmon Fez-~ Road. said point I~ at a distance of 960 feet from the westerly line of lands noxv or formerly of the Kolier Estate: oger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this _ 3 dfyof.~_A..(~T 2001 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAc~ No. 587, App~ved 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 ~ and The Sunday Patriot. New~ 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 estebllshed 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 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 ara true; and That he has personal knowledge of the facts aforesaid and la duly authorized and empowered to vedfy 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 Mis negus Book 'M", Volume 14, Page 317. ~ ce//~ PUBLICATION COPY .: Sworn tO and ,,,h--Hb~l b~.r .~s 21S~"~yyof AO~st 2001 A.D. S A L E #32 Nela~ ~ · ,.-.. . ~_' '~1~'.'. ~.:.. ~, ~q~nla A~r,a~m m ~xa,~ My commission sxplrss June 6, · ~ ~ ~t.l~l~ ~;; CUMBERLAND COUNTY SHERIFFS OFFICE · D~CRII~IO~ CARLISLE, PA, 17013 ~.u.~ca~r~..~.~.~ Statement of Advertising Coat8 ~ ~im~y ~ 'ad ~ as 4 To THE PATRIOT-NEWS CO., Dr. ~,mm: For publishing the notice or publication attached  ING at. ],mai m Ire ~ lire ~ ! hereto on the above stated dates r'm~ Rad, aid ~ai b..~ i. ~ $ 186.75 ~..~_r~ r,~.~ m., ~aedy ! Probating same Note;y Fan(s) $ 1.50 ~ ,... ~ ~*~-'rly lire ol'lmd~ r,e~ ,~. Total r~,r,~ ~ ~ ~k~ ~.. ~k..~ ~,~ ~,~., $ 188.25 d~ ~..'~ ~ = ~ p~.~: ;h~= ~ ' Publisher's Receipt for Advertising Coat ~_ _cF? ~ ~ ~ ~0 ~ p~.~; ~he~c ~ publisher of ~and -r~, o ............. cd~erfaF~'ffJ~S~Y~-r~ff..W-'---~--q' ~ recei-t of "-~ -, ......... ' ....... ' . newspapers of general been duly paid. o ~, .,u a~u~UUalU noTfce ano puolJCatlon costs and certities that the same have FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff V. : LINDA L, LIDDICK, : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; ; NO. 01-2637 AND NOW, this ~ day of S~ptember, 2001, upon consideration of the within Petition, it is ordered that the Sheriff's Sale of Defendant's property at 1004 East Simpson Slreet, Mechanicshur§, Pennsylvania, not be stayed, but shall be continued to the Sheriff's Sale date of October 10, 2001 at which time the property shall be exposed for sale. The Sheriff of Cumberland County is directed to make personal service of this Order and the within Petition upon tho Defendant, and to serve the same by regular mail upon each remaining party of interest identified in the Affidavit Pursuant to Rule 3129.1 heretofore filed by the Plaintiff in this Edgar B. Baylcy, J. ' FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff LINDA L. LIDDICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2637 PETITION TO VOID STAY OF SALE AND CONTINUE SALE TO A SUBSEOUENT DATE AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward L. Sehorpp, and respectfully requests Your Honorable Court to grant relief upon the following: 1. This action is a mortgage foreclosure action instituted by the Plaintiff against the Defendant, filed to the above referenced docket number, and resulted in the scheduling of Defendant's property for exposure at a Sheriff's Sale to be held on Wednesday, September 5, 2001 at 10:00 a.m. 2. The Plaintiff is represented in this matter by Frank Federman, Esquire. 3. Shortly before the scheduled sale, Terrence J. McCabe, attorney for Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co., a subordinate lien holder, faxed a letter to the Cumberland County Sheriff's Office instructing the Sheriff to stay the sale; a enpy of said ~xensmittal is inenrporated herein and attached as Exhibit "A." 4. Upon receipt of Attorney McCabe's fax transmittal, your Petitioner erroneously assumed that he represented the execution creditor and withdrew the property from the sale; however, the Writ has not been returned "stayed" to the Office of Prothonotary. 5. Subsequent to the sale, your Petitioner realized that Attorney McCabe was not representing the execution creditor, and, in fact, had not even issued a Writ of Execution against the Defendant in this action. WI-IEREFORE, your Petitioner requests your HIonurable Court to enter an Order directing your Petitioner to expose Defendant's property to sale on the next scheduled sale date, October 10, 2001, and void any stay which may have occurred as a result of the foregoing. Date: September 7, 2001 MARTSON DEARDORPF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Solicitor for Sheriff of Cumberland County TERRENCE .L ~cC/~E LAW McCABE, WEISBERG & CON'WAY, P.C. SUITE F~.ST UNION BULLDINO SOUTH BROAD P}ULADELPHL*~. PENNSYL'VANLA ]9] 09 {215) 790-10i0 FAX ~21S) 790-]274 SUr~ 600 21 & F,~)DON A V'~IUE: 1;97.ST'MO~, NJ 0ilO8 ¢~a~) 8~L?080 FAX (6O9) 858-'7020 SbqTE IS0.1 VANDI:RBXLT AVENUE NEW YOIUC, NY 10019 (212) ~';-0011 FAX (212} 9~3-0986 Sheriff's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 September 4, 2001 Re: Beneficial v. Liddick, LLnda Cumberland County; C.C.P. Premises: 1004 Kast Simpson Street, Date of Sheriff's Sale: September 5, Dear Sheriff: Mechanicsburg PA 17055 2001 at 10:O0a.m. As you know, the above-captioned property is currently listed for the September 5, 2001 Sheriff'a Sale. I am writing to you at this time to request that you stay :he Sale. Please be advised that my client, Beneficial Consumer Discount Company, has received no monies; the sheriff sal is being stayed as a result of Beneficial's deficient equity position. In addition, please return the Writ to the Prothonotary and forward any refund due my client. As acknowledgment of this stay, I would appreciate your signing or time-stamping the enclosed copy of this letter and returning the same to me forthwith in the stamped, self-addressed envelope provided. If you have any questions, please contact me. Thank you for your cooperation. Vary truly yours, DA~ EXHIBI'~ "A" SEP 84 2081 16:43 PRGE.02 '1~ RR.ENCI~ J, FACS/~TL~ cOVER LETTER DATE: September 4, 2001 TO: Cumberland County Sheriff's Office FAX NO.: (717)240-6397 Re: Beneficial v. Liddick, Linda Cumberland County; C.C.P. Premises: 1004 Ea$~ Simpson Street, Mechanicsburg PA 17055 Date of sheriff's Sale: September 5, 2001 at 10:00a.m. TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 2 MESSAGE: Dear Sheriff: Please see :he attached letter reauestina that you stay the Sheriff's Sale scheduled in ~he above maurer. If you do not receive all the pages, or if this is received by the wrong FAX receiver, please call us back at (215) 790-1010. Thank you. SENDER: Terrence J. McCabe, Esouire FAX NO.: {215) Q90-1274 VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. ~..~ /... Dated: September 7, 2001 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, LINDA L. LIDDICK Defendant(s). No. 01-2637 CIVIL _. ._ ._ _. TO THE DIRECTOR. OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/12/01 to 9/4/02 (per diem -11.17) TOTAL $67,924.97 $ 5,026.50 and Costs $ 72,951.47 ~RA._N'K FEbE~RMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. % of .... in t_he Borou~ .... ~.a and describefi s [oIlows, ..... of la~ s~ma~ cALL~b~:t~t, CommOnwealth o, ~-ad said po~u~ b6u~ at a dis~uc~ of to wit: sou Fert~ t~u , BEG~G 960 fe~ ~e io~ ~ ~w or io~tY of L~Y z~e~, ~on~ ~ fo~l~ of ~ur ~. W~, Ho~ 10 de~e~ W~ feet w a po~; ~ ~w o~ feet w a ~; ~ by o~ ~ Ro~; ~cego~ ~ center ~e of S~pson F~ ~ No~ 80 ~s ~t 75 ~et w ~ p~e of ~G~G. ? ~3-056t-006. TAX pARCEL #1 - s~.~, I~qL~IIG~[IXI, PA 11055 recorded 10128/93 t~ t~ecot~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 FIRST NATIONWIDE MORTGAGE cORPORATION Plaintiff, LINDA L. LIDDICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2637 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~RANK FEbERMAN, ESQUIRE Attorney for Plaintiff' ~IRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, LINDA L. LIDDICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2637 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praeeipe for the Writ of Execution was filed the following information concerning the real property located at ~1004 EAST SIMPSON STREET~ MECHANICSBURG~ PA 17055: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LINDA L. LIDDICK 100 EAST SIMPSON STREET MECHANICSBURG, PA ! 7055 Name SEARS ROEBUCK & CO. C/O 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Last Known Address (if address cannot be reasonably ascertained, please indicate) 267 MARKET STREET YORK, PA 17403 4. Name and address of last recorded holder of every mortgage of record: Last Known Address (if address cannot be reasonably Name ascertained, please indicate) · BENEFICIAL CONSUMER 4910 CARLISLE PIKE, STE. 104 DISCOUNT COMPANY D/B/A MECHANICSBURG, PA 17055 BENEFICIAL MORTGAGE CO. OF PA 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. Nan~e and address ofevery 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 plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot he reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE DOMESTIC RELATIONS OF CUMBERLAND COUNTY TENANT/OCCUPANT PO BOX 2675 HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 21 2002 DATE RANK FEbERMAN, ESQUIRE Attorney for Plaintiff ~IRST NATIONWIDE MORTGAGE cORPORATION Plaintiff, LINDA L. LIDDICK Defendant(s). CUMBERLAND COUNTY No. 01-2637 CIVIL March 21,2002 TO: LINDA L. LIDDICK 100 EAST SIMPSON STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT,4 DEBT ~4ND A N Y INFORM`4 TION OBT,41NED WILL BE USED FOR TH,4T PURPOSE. IF YOU H,4YE PREVIOUSLY RECEIVED '4 DISCH,4RGE IN B,4NKRUPTCY AND THIS DEBT W,4S NOT RE`4FFIRMED. THIS IS NOT ,4ND SHOULD NOT BE CONSTRUED TO BE ,4N .4 TTEMPT TO COLLECT,4 DEBT. BUT ONLY ENFORCEMENT OF ,4 LIEN ,4 G,41NST PROPER TY. ** Your house (real estate) at ~ 1004 EAST SIMPSON STREET~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sheriffs Sale on 914/02 at 10:00 a.m. in the Cumberland Cou,ty Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $67~924.97. obtained by FIRST NATIONWIDE MORTGAGE CORPORATION_ (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~ 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. 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 atWrney.) 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 Sheriffthe full amount due in the sale. To fred 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 ofthe 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 A'I-£ORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249=3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of penn_sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Simpson Ferry Road, said point being at a distance of 960 feet measured in a westerly direction from the westerly line of lands now or formerly of the Koller Estate; thence along lands now or formerly of Leroy Zimmerman, South I0 degrees East 200. feet to a point; thence along lands now or formerly of Howard Gamber, South 80 degrees West 75 feet to a point; thence by other lands now or formerly of Arthur W. Warren, North 10 degrees West 200 feet to a point in the center line of Simpson Ferry Road; thence along the center line of Simpson Few] Road North 80 degrees East 75 feet to the place of BEGINNING. TAX PARCI~L #17-23-0561-006. PRRilSES BEING KHOMN AS 1006 ~:i-qT SII4PSON S'EREET, HKCHANICSBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED IN Linda L. Liddick, single person by Deed from Ric~nrd M. Ketner and Pamela D. Ketner, formerly Pamela D. Benoit, his wife dated 10/25/93 and recorded 10/28/93 in Record Book 36 P Page 723. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Linda L..Llddick Debtor First Nationwide Mortgage Corporation and Llnda L. Llddick Charles J. Dehart, !]1, Esquire (Trustee) Respondent ORDER ,2002, upon AND NOW, this 8th day of P. arch consideration of the Motion for Relief aud Motion for Default of Movant, First Nationuhde Mortgage Corporation, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 1004 East Simpson Street, Mechanicsburg, PA 17055, to allow the Movant to foreclose on its mortgage, which mortt'~age was recorded in Cumberland County, in Mortgage Book ! 173, Page 996, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. By the Court: Robert I. Woodside, Bnnlmiptcy Judge CC: Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 Linda L. Liddick 1004 E. Simpson Su'eet Mechanicsburg, PA 17055 James K. Jones, Esquire 7 h'vine Row Carlisle, PA 17013-3019 Charles J. Dehart, m, Esquire (Trustee) P.O. Box 410 Hurnmelstown, PA 17036 Docket for Case:'" + GetCaseNo0 +" C + DktTypeExpand(m.gsDktType) + ") Page 1 of 2 Filing Date 0/09/01 10109101 1/27/01 12/14/01 12/19/01 12/18/01 12/18/01 2/18/01 12/26/01 2/26/01 02/01/02 02/11/02 Bankruptcy Docket Report I 01-05391 (Harrisburg) LIDDICK, LINDA L Docket items entered between 01/01/1931 and 03/21/2002 View Docket Entry document f PETITION under chapter 13 [EOD 10109101] [CA] of intent to dismiss case unless missing documents are filed: due by Re: Item it I. [Complied] [EOD 10/09/01] [CA] in correct'format Re: Item it 2. [EOD 10/15/01] [KZ] None CORRESPONDENCE to Attorney allowing until December 4. 2001 to file missing documents. Re: Item # 2. [EOD 11/27101 ] [CA] case for debtor's failure to FILE THE REQUIRED Doc #5 PD?D~(1 DOCUMENTS [EOD 12/14/01] [lC] gage1 L REPORT of Ch. 13 Trustee [EOD 12/19/01] [SP] None Schedules. Statements, Plan & Summary and all missing documents Re: Item # 2. [EOD 12/19/01] [AG] I of Debtor to r~instate case [Disposed] [EOD 12/26/01 ][SP] None MOTION FOR ORDER TO PAY TRUSTEE WITH CONSENT OF None DEBTOR [Disposed] [EOD 12/26/01 ][SP] to pay trustee. Re: Item # 9. [EOD 12/26/01 ][SP] None oRDER reinstating case per Debtor's Motion Re: Item # 8. [EOD 12!26/01] {SPI FICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due 15 days after meeting held. [EOD 01/07/02] [CA] for relief from stay R~: First Nationwide Moggnge Corporation (Fee None Receipt 0578508, $75.00) [Disposed] [EOD 02/01/02] [KZ] )F NON-CONCURRENCE [EOD 02101102] [KZ] DER that answers amdue on 02/21/02 Re: Item # 13. [EOD 02/01/02] [KZ] None CERTIFICATE of service Re: Item # 14. [EOD 02/11/02] [SM] meeting held. [EOD 02/15/02] [CA] Conforming Plan [EOD 03/04/02] [KZ] None for default judgment Re: Item # 13. [Disposed] [EOD 03/08102] ORDER granting default judignent Re: Item # 18. [EOD 03108102] Iii. Z] ORDER granting relief from stay Re: Item # 13. [EOD 03/08/02] [KZ] Printed: 03/21/02 11:07:51 .../nPacer?ExecThis--'d°cket&puid---01016726812&case_.no=2001-05391 &officeTM 1 &DktType~3/21/2002 Docket for Case.-" + GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ") Page 2 of 2 PACER Service Center Transaction Receipt 03/21/2002 11:07:51 Code: Number: -05391 ~.14 ~Need help? Try the PACER User's Guide I~lPacer Service Center .../nPacer?ExecThis=clocket&puid___010167268 i 2&case_no=2001.05391 &office=l &DktType 3/21/2002 First Nationwide Mortgage Corporation VS Linda L. Liddiek In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2637 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 Law Library Prothonotary 1.00 Mileage 13.80 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 11.55 Law Journal 246.80 Patriot News 193.75 Certified Mail 1.95 $589.05 paid by attorney 10/22/02 Sworn and subscribed to before me This ,j~t~ day of._~ffa~ Prothonotary R. Thomas Kline, Sheriff Real Estate Deputy WRIT OF EXECUTI.ON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-2637 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff (s) From LINDA L. LIDDICK, 100 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)und 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 m or for the account of the defendanl (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 anachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due $67,924.97 L.L. Interest FROM 6/12/01 TO 9~4~02 (PER DIEM - 11.17) $$,026.$0 AND COSTS Any's Comm % Due Prothy $1.00 Atly Paid $686.82 Other Costs Plaintiff Paid Date: MARCH 27, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 A~oroey for: PLAINTIFF Telephone: 21~-563-7000 Supreme Court ID No. 12248 Real Estate Sale # 31 On May 13, 2002 the sherifflevied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA known and numbered as 1004 East Simpson St., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 13, 2002 Real Estflte Deputy FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, LINDA L. LIDDICK Defendant(s). AFFIDAVIT PURSUANT TO (Affidavit No. I) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N~). 01-~$7 CIVIL .... ;: .. ,~ ....~ ~ ..--~ R~E~':::~, ,.~.~,".. .1 d FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at TI 004 EAST SIMPSON STREET~ MECHANICSBURG~ PA 17055. Name LINDA L. LIDDICK I. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 EAST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (i f address cannot be reasonably ascertained, please indicate) SEARS ROEBUCK & CO. CIO 267 MARKET STREET YORK, PA 17403 4. Name and address of last recorded bolder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) · BENEFICIAL CONSUMER 4910 CARLISLE PIKE, STE. 104 DISCOUNT COMPANY D/B/A MECHANICSBURG, PA 17055 BENEFICIAL MORTGAGE CO. OF PA 5. Name and address of every other person who has any record lien on the property: Nal'fle 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 (ifaddress cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nallle Last Known Address (ifaddress cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE PO BOX 2675 HARRISBURG, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 TENANT/OCCUPANT 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 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 thc penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 21. 2002 DATE /FRANK FEbERM~AN, ESQUIRE Attorney for Plaintiff FIRST NATI~)NWIDE MORTGAGE ..-.....,--cORPORATION Plaintiff, LINDA L. LIDDICK Defendant(s). CUMBERLAND COUNTY No. 01-2637 CIVIL March 21, 2002 TO: LINDA L. LIDDICK 100 EAST SIMPSON STREET MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT,4 DEBT AND A NY INFORbl,4 TION OBT,4INED P/ILL BE uSED FOR TH,4T PURPOSE. [F YOU H`4 VE PREVIOUSLY RECEIVED ,4 DISCH.4RGE IN B,4NKRUPTCY AND THIS DEBT W,4S NOT RE,4FFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ~tN ,47'TEMPT TO COLLECT ,4 DEBT. BUT ONLY ENFORCEMENT OF A LIEN d G,41NST pROPER TY. ** 170_.7.~5 is scheduled to be sold at the Sheriffs Sale on 9~4~02 at 10:00 a.m. in the Cumberland Courthouse, South Hanover Street, Carlisle, PA 17013~ to enforce the court judgment o f ~ obtained by ~DE MORTGAGE CORPORATION (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_ PREVENT THI SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~ 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 impwperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping thc sale. (See notice on page two on how to obtain an attorney.) THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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, Jn the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of :T.b.e__EaJ~.[~- and._T_ba ~ 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 23rd and 30th day(s) of July and the 6th day(s) of August 2002. 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 ara 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. aforasaJd 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 Jn Miscellaneous Book Volume 14, Page 317. PUBLICATION COPY S A L E #31 Sworn to and subscribed before me~l~14th day of.,AfJ'~ust..~002 A.D. Nota~al SeaJ / y~EX~resJu~e6,2(]06 I. NOTARY PUBLIC Member. Pennsylvania Ass(x:ia~on Of N~a~es My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Coats ~,;.a_~ i~ ~ ~ ~ ~ ToTHE PATRIOT N ~-- 5'E.~ ~ ~ ~ · ~ ...... - ~S CO., Dr. ~ ~ ~ ~ ~ b a ~ ~or pUDllS~lng the notice or ubllcatio ~ ~ ~ ~ P n at.chad ~=~~10 ~mDaung same Nota~ c~/., ~ 192.00 ~=~~.~ ._. 1.75 ~;~=,~ $ 193.75 ~~~ Publisher's Recel t f __,L~=,~H~ p or Advertising Cost ~"-~~:~ ~., publisher ~ - clrculatmn, herab ackno~ . ~and i ~ ...... Y wledge mca pt of the aforesai~ --.,-- - ~~ news~rs of general ~==. ~u;y ~i~. - -~,,u~ uno PUO;icetion c~ts and ce~ifies that the same have 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: Roger M. Morgenthai, 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 o£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 Sanuary 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 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical o£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. B]gAL RSTAT~ ~ NO. al Writ No. 2001-2637 Civil First NaUonw/de Mo~e Co~raUon L~da L. ~ddick AtW.: F~k F~ ~L ~T CE~ ~t Of~d alt~te ~ ~e Bom~ of Mec~. iesburg. County of Cumberland. s~b~ ~ ~oHo~. to ~t: BEO~G al a ~t ~ ~e ~- t~ ~e of S~on Fe~ ~d. ~ ~t ~g at a dis~ o~ 960 feel or fO~erl~ of the ~llcr Es~tc: ~n~ ~ng ~ds n~ or fO~r~ of ~ ~. ~u~ 10 de- g~es East 200 feet to a point; th~ ~on~ ~ds ~, or fo~rlv ~itor ~ SWORN TO AND SUBSCRIBED before me this _ 9 day FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, LIN-DA L. LIDDICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2637 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDEP~IAN, ESQLr[RE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at d004 EAST SIMPSON STREETs MECHANICSBURG~ PA 17055. Ntwfle LINDA L. LIDDICK 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 EAST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name SEARS ROEBUCK & CO. C/O EBBETS PARTNERS LIMITED Last Known Address (if address cannot be reasonably ascertained, please indicate) 267 MARKET STREET YORK, PA 17403 323 LAKESIDE AVE CLEVELAND, OH 44113 5280 CORPORATE DRIVE FREDERICK, MD 21703 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) BENEFICIAL CONSUMER 4910 CARLISLE PIKE, STE. 104 DISCOUNT COMPANY D/B/A MECHANICSBURG, PA 17055 BENEFICIAL MORTGAGE CO. OF PA S. 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 plaintiffhas 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) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE PO BOX 2675 HARRISBURG, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 TENANT/OCCUPANT 1004 EAST SIMPSON STREET MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PLAINTIFF AFFIDAVIT OF SERVICE FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY KMD No. 01-2637 CIVIL DEFENDANT(S) LINDA L. LIDDICK ACCT. #5770416883 SERVE LINDA L. LIDDICK AT 100~EAST SIMPSON STREET MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: 9/4/02 SERVED of Pe~sylvania, in the ~er described ~low: ~ Defendant pe~omlly aerved. ~ Adult fa~ly member with whom Defendant(~) ~ide(*). Relationship is ~Adult in charge of Def~n~)'~ ~*idence who ~ed m give na~ or ~latio~hip. ~Manager/Clerk of place of I~g~ in which Defendan~) ~id~(~). ~ Agent or pe~n ~ c~rge of Defendant(~y~ office or u~l pl~ee of business. an officer of ~aid Defendant(~)'~ companT. Other: I, C[ ~,~tt [, ~{~ ~ ,. co~e~nt adult, ~ing dul~ ~wom according to law, depose and state that I personally handed a line and coaect copy of~e Notic* of Sh~ri~ Sale in ~e mmI ~ ,~.. ~~. d~ u~lu,~d ca~e on the ~at~'~ ant at bcfo(cmclhis ~P~day ~ I ' ~ . '. " PLEA~ATTEMPT SERVICE AT LE~T 3 TIMES. INDICATE DAT~ ~MES OF SERVICE ATTEblPTED. NOT SERVED On the day of ,200_, at __ o'clock __.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: / / Time: : 2nd Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Nolary: By: Altorney for Plaintiff Frank Federman. Esquire - I.D. No. 12248 C~tt. p,cltOt~ ~0. 01-263'/Ct~/IL ~ SS: AL~ OF p~t~SyL~/A~t~A c'ON~t~O~W~r'-UN~F'RL/~NO ttome¥ ior ~RS~ ~ATiO~IOE ~OU~Ty ur ~ -~R~A~' ~SQUIRE a - 312TI02 & 816102 tree I, F~K y~u _ -~O~ he;ebY ve;i~ that o. _= h~ ce~ift~ate o~ 'g - ~ORPO~t, - --'e~ seWeu ~ . · MOR~GAG~ ~ -,~ti~ o~ She~t~s sale w . ~ ~a~ see rre~ ~pies o[ the m~ -known inte~eS~ ~ ._.,~ ~ . _ and an~ - - -n 31~1~ .~eO ~ie~b°tOe~' - ~t ~ the De~e~Oa~t~s) U to the -- · o~ sate ~as se . . ~cbeO hereto a~cbeO heretO ~°t~:~=~ot ~e~ues~O see ~xb~b~ ~ a A~omeY ~o~ ~ TO; LINDA L. LIDDICK 100 EAST SIMPSON MECHANICSBURG, PA 17055 SENDER: KIvlD REFERENCE: SALES FIE'I~RN I SERVICE R~um Re~lpt Fee Reordered Dell~y US Po~tal Sentice .34 1.90 1.50 3.20 6,94 Receipt for Certified Mail RaEAL ESTATE SAI,E NO, 31 Writ No. 2001-2637 Civil First Nationwide Mortgage Corporation vs. Linda L. Liddick Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in the Borough of Mechan- icsburg, County of Cumberland. Commonwealth of Pennsylvania, more particularly bounded and de- scribed as foI]ows, to wit: BEGINNING at a point in the cen- ter line of Simpson Ferry Road. said point being at a distance of 960 feet measured in a westerly direction from the westerly line of lands now or formerly of the Kaller Estate; thence along lands now or formerly of beroy Zimmerman, South 10 de- grees East ~00 feet to a point; thence along ]ands now or formerly of Howard Gamber, South 80 de- grees West 75 feet to a point; thence by other lands now or formerly of Arthur W. Warren, North 10 degrees West 200 feet to a point in the cen- ter line of Simpson Ferry Road: thence along the center line of Simpson Ferry Road North 80 de- grees East 75 feet to the place of BEGINNING. TAX PARCEL #17-23-0561-006. PREMISES BEING KNOWN AS 1004 EAST SIMPSON STREET, MECHANICSBURG, PA 17055. TITLE TO SAID PREMISES IS VESTED IN Linda L. Liddick, single person by Deed from Richard M. Ketner and Pamela D. Ketner. for- merly Pamela D. Benoit. his wife dated 10/25/93 and recorded 10/ 28/93 in Record Book 36 P Page 723,