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HomeMy WebLinkAbout01-3374 FEDERMAN 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) 56t-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff TERESA N. SHUMAKER ANDREA D. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O'- CUMBERLAND COUNTY Defendant(s) CIVIl, ACTION - I,AW COMPLAINT IN MORTGAGE FORECI,O,qIIRE 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 ()UT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0094243601 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAlL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL HOME LOANS 3200 SOUTH3VEST FREEWAY HOUSTON, TX 77027 The name(s) and last known address(es) of the Defendant(s) are: TERESA N. SHUMAKER ANDREA D. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/30/98 mortgagor(s) made, executed and delivered a mortgage upon the promises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1429, Page 1131. By Assignment of Mortgage recorded 2/7/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 637, Page 360. 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 1/1/0I and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 12/1/00 through 5/1/01 (Per Diem $14.3 I) Attorney's Fees Cumulative Late Charges 1/30/98 to 5/1/01 Cost of Suit and Title Search Subtotal $73,587.14 2,175.12 3,679,00 124.45 550 00 $80,115.71 Escrow Credit 0.00 Deficit 282.5fi Subtotal $52B2.51i TOTAL $80,398.27 The attorney's fees set forth above are in conformity with the Mortgage documents and Pelmsylvania Law, and will be collected in the event ora third party purchaser at Sherifl?s 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. WHEREFORE, PLAINTIFF demands an ~ rem Judgment against the Defendant(s) in the sum of $80,398.27, together with interest from 5/1/01 at the rate ors 14.31 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THOSE TWO CERTAIN lots or traet~ of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, mor'~ partict:larly bounde~l and d~-~cribed as follows, to wit: BEGINNING at a point on the west aide of South 18'~ Street, formerly Main Street, on tile Phm3 of Lots laid out by David Mumma for Sat,'ob L. Heyd, recorded ltl the reeorder's Offic~ of Cumberland County, Pennsylva.nia, in Plan ~Book 1, Page {55, 240 feet norl. h of the north side of Thlcd Street as shown on a~id Pla~l at the northern line of l~ot No. 104 on said Pla~; thence northwardly along the w~st side of' South 18z Strex::t, 40 feet to tile southern line of Lot No. 10! on said Plan; tiler:ce westw~rdly along sa.id line, 120 feet to a 20 foot wide alley as shown on said Pla.n; thrice southwagdly along said alley, 40 fe~t to thc northern linc~ of afor~aid Lot No. 10~; thence eastwardly along s,'dd lin~, 120 feet to tile west side of Sotsth I$~' ~;tre~t, the plac~ of BEGINNING. BEV, lNG Lots Nos. 103 a~d 102, each 20 feet wide, on tile said Plan of Lots. HAVING THEREON EREt..-~'.FF.D a two and one-half story framo dwelling house kaaown as 40 South lea. Street. BEINO the same premises which 1ohn W. Phillips and Elizabeth $. Phillips, his wife, by their d~ dated April 22, 1970 and .recorded in Cumlmrl~d ~ounty D~ ~k ~P", v01um0 23, Page ~52, g~t~ ~d ~nvey~ unto )am~ S. Smi~ ~d ~milla K. Smith, his wife, J~ S. Smith di~ D<cmMr 5, 1992, wherry sole title to ~aid premis~ ~ame v~t~ in C~1~i11¢ K. Smith, by vi~um of ~e d~ne of su~ivocsllJp incident to tenmlci~ by 01¢ entice/i~. And the said grantor hereby cov~aants mad agr~ that she will warrant sl:~ciaily the property hereby conveyed. IN WITN~r..SS WHERE~OF, said grantor has hereunto set he:' hand and se,"d the day and yea~ above writt~n. PREMISES: 40 SOUTH 18TH STREET VERIFICATION ADAM STYERS hereby states that he is ASSISTANT VICE PRES[DENT of WASHINGTON MUTUAL HOME LOANS, 13IC. mortgage servicing agent for Plaintiff m this mat~er, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action Jn Mortgage Foreclosure are ~'ue and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03374 P COMMONWEALTH OF PENNSYLVanIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHUMAKER TERESA N ET AL R. Thomas Kline duly sworn according inquiry for the within named defendant, SHUMAKER ANDREA D unable to locate Her in his bailiwick. to law, says, that he made a diligent DEFENDANT ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT SHUMAKER ANDREA D ANDREA NOW LIVES AT 5 ADAMS ST APT 5 ENOLA. UNABLE TO SERVE PRIOR TO EXPIRATION. NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 not Found 5.00 Surcharge 10.00 .00 21.00 So answers. R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 07/03/2001 Sworn and subscribed to before me SHERIFF'S RETURN - REGULAR CASE NO: 2001-03374 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTR3tTI VS SHUMAKER TERESA N ET AL DAWN KELL , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE SHUMAKER TERESA N DEFENDANT , at 1812:00 HOURS, on the at 40 SOUTH 18TH STREET CAMP HILL, PA 17011 by handing to TERESA N. SHI/MAKER a true and attested copy ,Df COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 7th day of June the , 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this /~ day of / A.D. So Answers. R. Thomas Kline 07/03/2001 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN 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 (71S) s6~-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, [NC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN. VA 22102 Plaintiff TERESA N. SHUMAKER ANDREA D. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIl, ACTION - I,AW COMPI,AINT IN MORTGAGF. FORECI,O~qlrRF. NOTICF. **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 ~witing with the court your defenses or objections to the claims set lbrth 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 P)d~ER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORi) ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Loan~:0094243601 CUMBERLAND COUNTY CUMBEP,.LAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~n Testlmoey w~n~mf, I here unlo ae~ my ~ne and t~ ~ d said C,~rt, ~t Cadlsle. Pa. IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. iLIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERxMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL TIlE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, iNC. 8201 GREENSBORO [)RIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL HOME LOANS 3200 SOUTHVCEST FREEWAY HOUSTON, TX 77027 The name(s) and last known address(es) of the Defendant(s) are: TERESA N. SHUMAKER ANDREA D. SHUMPds2ER 40 SOUTH 18TH STRIiET CAMP HILL, PA 170 t 1 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/30/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1429, Page 1131. By Assignment of Mortgage recorded 2/7/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 637, Page 360. 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 1/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 12/1/00 through 5/1/01 (Per Diem $14.31) Attorney's Fees Cumulative Late Charges 1/30/98 to 5/1/01 Cost of Suit and Title Search Subtotal $73,587.14 2,175.12 3,679.00 124.45 550 00 $80,115.71 Escrow Credit 0.00 Deficit 282 56 Subtotal 5~ ~2 56 TOTAL $80,398.27 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at SherifFs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not corne under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an m rem Judgment against the Defendant(s) in the sum of $80,398.27, together with interest from 5/1/01 at the rate of $14.31 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 ALL THOSE 'I-',VO CERTAIN lots or tracts of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, mor~ particularly bounded and de.scribed as follows, to wit: BEGINNING at a point on the west side of $ouO~ 18a' Street, formerly Main Str~:t, on the Ir'l,'m of Lots lald out by David Mumma for Jal2ob L. I--leyd, r~corded in the r~corder's Office of Cumberland County, pennsylvania, in Plan Book 1, Page 65, 240 feet north of the north side of Third Street as shown on said Pl~l at the northern Iine of Lot No. 104 on said Plari; thence northwardly along the west side of South 18°' Street. 40 feet to the southern llne of Lot No. 101 on said PlaJ~; tl~ence westwardly along said line, 120 feet to a 20 foot wide alley as shown on said Plan; thenc~ southwa, rdly along said alley, 40 feet to the nortJaem line of afor,~-n_ id Lot No. 104; thence ~,-'tstwardly along said line. 120 fc~! to file w~st side of South 18'" Street, the place of Lt~GINNI NCi. BEING Lots Nos. 103 and 102, e_ach 20 feet wide, on the said Plan of Lots. HAVING THEREON ERECTED a two and one-half story frame dwelling house known as 40 South 1 Sa. Stre-.~t. BEING the s~m¢ premises which John W. Phillips and EJizabeth S. Phillips, his wife, by their deed dated April 22, 1970 and recorded in Cumberland County De~:l Book "P", Volume 23, Page 4.52, granted and conveyed unto Jam~s S. Smith and Camille K. Smith, his wife. Jame.~ S. Smith died Dez:cmber S, 1992, whereby sole title lo said premis~-~, bec:amc vested in Camille K. Smith. by virtue of the doctrine of sur'vivorsl~ip incident to tenaJ~¢ie.s by the entireties. And the said grantor here. by cove~ants and agrees that she will warrant specially tile property hereby conveyed. IN VeTI'NF_..SS WHEREOF, said i~rantor has hereunto set. her hand and se,nj the day m~d ye~' first above writ. b~n. PREMISES: 40 SOUTH 18TH STREET VEREFICATION ADAM STYERS hereby states that he is ASSISTANT VICE PRESIDENT of WASHINGTON MUTUAL HOME LOANS, INC. mortgage servicing agent for Plaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are hue and correct to the best of his knowledge, information and belie£ The undersigned understands that flus statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: FEDERMANA-ND PHELAN 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 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff TERESA N. SHUMAKER ANDREA D. SHUMAKER Defendants COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County :No.01-3374 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in with reference to the above captioned matter. Mortgage Foreclosure Date: Julv 19, 2001 FK~~FEDERMAN, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2001-03374 P COMMONWEALTH OF PENNSYLVanIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHUMAKER TERESA N ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon SHUMAKER ANDREA D DEFENDANT at 2039:00 HOURS, on the 25th day of July at 5 ADAMS ST APT 5 ENOLA, PA 17025 by handing to ANDREA D SHUMAKER a true and attested copy of COMPLAINT - MORT FORE the 2001 together with and at the same time direeting Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 9 Affidavit Surcharge 10 37 00 75 00 00 00 75 Sworn and Subscribed to before me this ~ ~ day of (~P ~0o~ A.D. ~rothonotary ~ ~ So Answers: R. Thomas Kline 07/26/2001 FEDERMAN & PHELAN By: Depu ~'y Sheriff 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 Plaintiff VS. TERESA N. SHUMAKER 40 SOUTH 18Tl~ STREET CAMP HILL, PA 17011 ANDREA D. SHUMAKER 5 ADAMS STREET, APT 5 ENOLA, PA 17025 Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : : COURT OF COMMON PLEAS : : CIVIL DIVISION : : NO. 01-3374 CIVIL ; : : _. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plalmiff and against TERESA N. SHUMAKER and ANDREA D. SHUMAKER, 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 Complaim Interest 5/1/01 TO 8/29/01 $80,398.27 $1~731.51 TOTAL $82,129.78 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. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~,~~ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED VOLL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUFFCY AND THIS DEBT WAS NOT REAFFIRMED, THiS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECr A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** SHERIFF'S CASE NO: 2001r03374 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHUMAKER TERESA N ET AL RETURN - REGULAR Sheriff DAWN KELL Cumberland County,Pennsylvania who being says, the within COMPLAINT - MORT PORE SHUMAKER TERESA N DEFENDANT at 1812:00 HOURS, at 40 SOUTH 18TH STREET C~P HILL, PA 17011 TERESA N. SHUMAKER a true and attested copy of or Deputy Sheriff of duly sworn according to law, was served upon the on the 7th day of June , 2001 by handing to COMPLAINT - MORT PORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this day of A. D. R. Thomas Kline 07/03/2001 FEDERMAN & PHELAN Deputy Sheriff Prothonotary SHERIFF'S CASE NO: 2001-03374 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJ~ND MORTGAGE ELECTRONIC REGISTRATI VS SHUMAKER TERESA N ET AL RETURN - REGULAR BRYAN WARD Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE SHIIMAKER ANDREA D DEFENDANT , at 2039:00 HOURS, at 5 ADAMS ST APT 5 ENOLA, PA 17025 ANDREA D SHUMAKER a true and attested copy .of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 25th day of July , 2001 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 07/26/2001 FEDERMA_N & PHELAN By: Deputl; Sheriff Prothonotary FEDERMANAiTD 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY vs. : NO. 01-3374 TERESA N. SHUMAKER ANDREA D. SHUMAKER Defendant (s) TO'. TERESA N. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL,PA 17011 FILE CO?Y DATE OF NOTICE: AUGUST 15.2001 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 law"let 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 FEDER_NULN/LND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff TERESA N. SHUMAKER ANDREA Do SHUMAKER Defendant TO: ANDREA D. SHUMAKER 5 ADAMS STREET APT 5 ENOLA, PA 17025 : CUMBERLAI~D COUNTY : NO.01-3374 DATE OF NOTICE: AUGUST 15,2001 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 D/qD 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 law"yer 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. TERESA N. SHUMAKER ANDREA D. SHUMAKER Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DMSION : : NO. 01-3374 CIVIL _. : _. 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) 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 TERESA N. SHUMAKER is over 18 years of age and resides at 40 SOUTH 18TM STREET, CAMP HILL, PA 17011. (c) that defendant ANDREA D. SHUMAKER is over 18 years of age, and resides at 5 ADAMS STREET, APT 5, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attomey for Plaintiff (Rule of Civil Procedure No. 236 - Revised) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. TERESA N. SHUMAKER ANDREA D. SHUMAKER : CUMBERLAND COUNTY : : Court of Common Pleas Plaintiff : : CIVIL DIVISION : : NO. 01-3374 CIVIL : : : Defendant(s) : Notice is given that a J~udgment in the above captioned matter has been entered against you on AUGUST ~ C_~ ,-;,~40. ~ I 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 RE,M~'FI-RMED, 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, 1NC. : Plaintiff, : TERESA N. SHUMAKER : ANDREA D. SHUMAKER : Defendant(s). CUMBERLAND COUNTY No. 01-3374 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/29/01 to 12/5/01 (per diem - $13.50) TOTAL f / C NE PENN CEN 9UITE 1400 P~HILADELPHI/ Attorney for Plafl $82,129.78 $1,323.00 and Costs $83,452.78 'ER at SUBURBAN STATION , PA 19103 tiff Note: Please attach description of property. No. ALL THOSE TWO CERTAIN lots or tracts of land situate in the Borough of Camp Hill, .,(.-"/ Cumberland County., Pennsylvania, more particularly bounded and described as follows, to w~t: BEGINNING at a point on the West side of South 18th Street, formerly Main Street, on the Plan of Lots laid out by David Mumma for Jacob L. Heyd, recorded in the recorder's Office of Cumberland County, Pennsylvania, in Plan Book I, Page 65, 240 feet North of the North side of Third Street as shown on said Plan at the Northern line of Lot No. 104 on said Plan; thence Northwardly along the. West side of South 18th Street, 40 feet to the Southern line of Lot No. 101 on said Plan; thenc, c~' Westwardly along said line, 120 feet to a 20 foot wide alley as shown on said Plan; thence Southwardly along said alley, 40 feet to the Northern line of aforesaid Lot No. 104; thence Eastwardly along said line, 120 feet to the West side of South 18th Street, the place of BEGINNING. BEING Lots Nos. 103 and 102, each 20 feet wide, on the said Plan of Lots. HAVING THEREON ERECTED a two and one-half story frame dwelling house known as 40 South~ 18th Street. TAX PARCEL g01-22-0536-036 TITLE TO SAID PREMISES IS VESTED IN Teresa N. Shumaker, single woman and Andrea D. Shumaker, single woman joint tenants with the right of survivorship by Deed from Cara/'I~ K. Smith, widow dated 1/20/98 and recorded 2/3/98 in Record Book 171, Page 714. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, Vo TERESA N. SHUMAKER ANDREA D. SHUMAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3374 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRAN~ 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 40 SOUTH 18TH STREET, CAMP 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.) TERESA N. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 ANDREA D. SHUMAKER 5 ADAMS STREET, APT. 5 ENOLA, PA 17025 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 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.) SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENT ST. SW WASHINGTON, DC 20410 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 (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 40 SOUTH 18TH STREET CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of I/gelfam PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. August 30. 2001 ~DE~~, ESQUIRE ~'~ DATE 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, TERESA N. SHUMAKER ANDREA D. SHUMAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3374 CIVIL 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) 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. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, TERESA N. SHUMAKER ANDREA D. SHUMAKER Defendant(s). TO: TERESA N. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-3374 CIVIL August 30, 2001 ANDREA D. SHUMAKER 5 ADAMS STREET, APT. 5 ENOLA, PA 1702.5 **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 40 SOUTH 18TH STREET, CAMP HILL; PA 1701 lis scheduled to be sold at the Sheriff's Sale on DECEMBER 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your 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 attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to thc highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may bc able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of thc property as if thc sale never happened. 5. You have thc right to remain in the property until the full amount due is paid to the Sheriff and thc Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may bc entitled to a share of thc 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 Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately aider thc 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 ALL THOSE TWO CERTAIN lots or tracts of land situate in the Borough of Camp Hill, Cumberland County., Pennsylvania, more particularly bounded and described as follows, to wtt: BEGINNING at a point on the West side of South 18th Street, formerly Main Street, on the Plan of Lots laid out by David Mumma for Jacob L. Heyd, recorded in the recorder's Office of Cumberland County, Pennsylvania, in Plan Book 1, Page 65, 240 feet North of the North side of Third Street as shown on said Plan at the Northern line of Lot No. 104. on said Plan; thence Northwardly along the - West side of South 18th Street, 40 feet to the Southern line of Lot No. 101 on said Plan; thenc, c~~ West~vardly along said line, 120 feet to a 20 foot wide alley as shown on said Plan; thence Southwardly along said alley, 40 feet to the Northern line of aforesaid Lot No. 104; thence Eastwardly along said line, 120 feet to the West side of South 18th Street, the place of BEGINNING. BEING Lots Nos. 103 and 102, each 20 feet wide, on the said Plan of Lots. HAVING THEREON ERECTED a two and one-half story frame dwelling house known as 40 South~ 18th Street. TAX PARCEL #01-22-0536-036 TITLE TO SAID PREMISES IS VESTED IN Teresa N. Shumaker, single woman and Andrea D. Shumaker, single woman joint tenants with the right of survivorship by Deed from Cami~ K. Smith, widow dated 1/20/98 and recorded 2/3/98 in Record Book 171, Page 714. FEDERMAN ANT) PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAiNTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. CUMBERLAND COUNTY No.: 01-3374 CIVIL TERESA N. SHUMAKER ANDREA D. SHUMAKER MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffhas made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAiNTIFF AFFIDAVIT OF SERVICE , FIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) TERESA N. SHUMAKER AaNDREA D. SHUMAKER SERVE TERESA N. SHUMAKER AT 40 SOUTH 18TH STREET CAaMP HILL, PA 17011 CUMBERLAND COUNTY No.01-3374 CIVIL Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2001 SERVED ~er~'ed and made known to"~~'5 ~ ~J' 5 [&~ ~v"e'X<'~,Oefendant, onthe Pe~ylvania. m the ~er described below: , Defendant perso~lly se~ed. /~,~k dayof 5~ff~17. ,200~, · Commomvealtb __ Adult family member with whom Defendant(s) reside(s). Relatinnship 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 ofbnsiness. an officer of said Defendant(s)'s corr~any. Other: Description: Age ~"0 a true and correct copy of the Notice of Sherifffs Sale in the manner as set forth herein, issued in the captioned case on the date and at ~he address indicated above. Nolanal Seal I Slacy L. Heetner, Natal/~u[~ic Sworn to and sub~ciptribed ChamOemburg Boro. ~r~ljn~IJnty · ~ My Commission E x~3~r 002 bef~e me this i I'-~ day of ~',~,[~e r 200 t ueme~, ~..~v,,,~,~ ~so~,do~,~, :,.o.,.,.d ,-~/~C-'/r~ / '-'7'I ,. , ( Cfaz 54. On the day of ,200_, at o'clock __.m., Defendant NOT FOUND because: competent adult, being duly sworn according to law, depose and state that [ personally handed 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 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 01-3574ClVIL Attorney Firm: TRACK STARS Case Number: Subject: ANDREA SHUMAKER A.K.A.: None Property Address: 40 S. 18TN STREET CAMP HILL, PA 17011 Last Known Address: 5 ADAMS STREET 5 ENOLA, PA 17025 ~ Last Known Number: ( ) Michael K Gross. being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 10/04/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: 209-66-8584 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Andrea. C. INQUIRY OF CREDITORS: The creditom indicated that Andrea is living at 5 Adams Street #5, Enola, Pa. 17025 with no valid home phone number. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Andrea Shumaker. Contacted 717-757-9453 and spoke with Andrea's mother who stated Andrea is living at the last known address. INQUIRY OF NEIGHBORS - We contacted the phone number, 717-761-3581, registered to 35 S '18th Street, Camp Hill, Pa. t70'11, and spoke to neighbor, who stated Andrea moved from 40 S 18th Street, Camp Hill, Pa. 170'1'1, and the house is up for sale. We contacted the phone number, 717-728-0645, registered to 5 Adams street, Enola, Pa. 17025, and did not receive an answer. We contacted the phone number, 717-7:32-8686, registered to 5 Adams Street, Enola, Pa. 17025, and reached an answering machine. We contacted the phone number, 717-728-1964, registered to 6 Adams Street, Enola, Pa. 17025, and spoke with a person, who stated he did not know Andrea. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of October 2, 2001 the National Change of Address (NCOA) has no change for Andrea Shumaker under her social security number. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & OMV OFFICE: The Pennsylvania Department of Drivers Licensing has Andrea listed at the last known address. ' 'D ,~HE'~' INQUIRIES - A. DEATH RECORDS: As of October 2, 2001 the Social Security Administration has no death record on file fror Andrea Shumaker under her social security number. B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): None Found C COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Andrea listed at the last known address. OTHER SEARCHES - The Cumberland County Tax Records Indicate: Unable to locate any tax records for Andrea Shumaker at 5 Adams Street, Enola, Pa. 17025. The address at 40 S 18th Street, Camp Hill, Pa. 17011 appears to be owned by Andrea Shumaker. Andrea appears to be using this address for mailing purposes. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: Unable to verify date of birth. AFFIA~hael K Gross ~ J Players National Locator 'I 13 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION CUMBERLAND COUNTY No.: 01-3374 CIVIL VS. TERESA N. SHUMAKER ANDREA D. SHUMAKER MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voler registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respect fully/fsubmitted~/ ATTORNEY FOR PLAINTIFF VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF TIlE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-18[4 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. TERESA N. SHUMAKER ANDREA D. SHUMAKER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-3374 CIVIL CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on October 8, 2001. ANDREA D. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 FRANK FEDERMAN, ESQUIRE Attomey for Plaimiff Date: October 8, 2001 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHiLADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. TERESA N. SHUMAKER ANDREA D. SHUMAKER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CiVIL DIVISION CUMBERLAND COUNTY No.: 01-3374 CIVIL ORDER AND NOW, this i5 ~day of Or.~ ~ , 2001, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), ANDREA D. SHUMAKER, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plainti ff's attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT~ FEDERMAN AND PHELAN By: FRANK FEDERM~MN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103 - 1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS~ TERESA N. SHUMAKER ANDREA D. SHUMAKER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-3374 CIVIL AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to ANDREA D. SHUMAKER on 10/30/01 at 40 SOUTH 18TH STREET, CAMP HILL, PA 17011 and 5 ADAMS STREET APT. 5 ENOLA PA. 17025 in accordance with the Order of Court dated 10/15/01. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsificgtion t? auth, grities. FRANK FEDERMAN, ESQUIRE Date: October 31, 2001 FEDERMAN AND PHEI.,AN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTOP, xNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA. PA 19103-1814 COURT OF COMMON PLEAS (2151 563-7000 CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. CUMBERLAND COUNTY No.: 01-3374 CIVIL TERESA N, SHUMAKFR ANDREA D. SHUMAKER OCT ~2001 ORDER AND NOW, this /5'~day of ~ ,2001, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), ANDREA D. SHUMAKER, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: .4~0 SOUTH IgTH ~i'KEET ~ ~ CAMP HILL, PA 1701! i~'~, ~ ~ETURN RECF. JPT ~ Fee us ~ s~rv~ ~ ! 19~ 0.00 SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 01-3374 CIVIL VS. TERESA N. SHUMAKER ANDREA D. SHUMAKER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 40 SOUTH 18TH STREET, CAMP HILL. PA 17011. 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. Postal S! for each notice. /~ , ~/~S~P ,/~ ,~ ~ice is attached { A~orney for Plaintii November 30, 2001 ~ CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 01-337o, CIVIL VS. TERESA N. SHUMAKER ANDREA D. SHUMAKER SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) 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 40 SOUTH 18TH STREET, CAMP HILL, PA 17011: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded bolder of every mortgage of record: SaBle Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PlaintifL TERESA N. SHUMAKER ANDREA D. SHUMAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 01-3374 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. t) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.~ Plaintiffin 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 40 SOUTH 18TH STREET, CAMP 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.) TERESA N. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 ANDREA D. SHUMAKER 5 ADAMS STREET, APT. 5 ENOLA, PA 17025 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 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.) SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENT ST. SW WASHINGTON, DC 20410 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 (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) TenantJOccupant 40 SOUTH 18TH STREET CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE QUIRE ~kttorney for Pl~ntiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Housine & Urban Dev Sec is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2002, trader and by virtue ora writ Execution issued on the 7th day of Sept, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number _3374, at the suit of Mt~ Elect Re~ Systems Inc against Teresa N Shumaker & Andrea D is duly recorded in Sheriff's Deed Book No. 252, Page 3737 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /?"-'4dday of~, A.D. 20 t~ )¢/ 2 Recorderof ,eeds Mortgage Electronic Registration In The Court of Common Pleas of Systems, Inc. Cumberland County, Pennsylvania VS Writ No. 2001-3374 Civil Term Teresa N. Shumaker and Andrea D. Shumaker Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 25, 2001 at 6:30 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Teresa N. Shumaker, by making known unto Teresa Shumaker personally, at 40 South 18th Street, Camp Hill, PA, its contents and at the same time handing to her personally the said true attested copy of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 26, 2001 at 7:20 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Andrea D. Shumaker, by making known unto Andrea Shumaker personally at 5 Adams St., Apt. 5, Enola, PA, its contents and at the same time handing to her personally the said true attested copy of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 28, 2001 at 3:20 o'clock P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Teresa N. Shumaker and Andrea D. Shumaker, located at 40 South 18th Street, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendant to wit: Teresa N. Shumaker by regular mail to her last known address of 40 South 18th Street, Camp Hill, PA 17011. This letter was mailed under the date of October 2, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendant to wit: Andrea D. Shumaker by regular mail to her last known address of 5 Adams Street, Apt. 5, Enola, PA 17025. This letter was mailed under the date of October 2, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $5,000.00 to Attorney Frank Federman for Secretary of Housing and Urban Development, a Federal Agency. It being the highest bid and best price received for the same, Secretary of Housing and Urban Development, a Federal Agency, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $1,094.66, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 100.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 29.25 Certified Mail 4.53 Levy 15.00 Surcharge 30.00 Law Journal 297.95 Patriot News 216.27 Legal Search 200.00 Share of Bills 25.66 Distribution of Proceeds Sheriff's Deed 25.00 30.50 $1095.66 paid by attorney 07/11/02 Sworn and subscribed to before me So Answers: This ,2~ -Wday.,of, t~.~ R. Thomas Kline, Sheriff 2002, A.D. ~ ~ Prbtl~onotary Real Estate Deputy WRIT OF;EXECUTION and/or Aw COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF _ CL~nberland COUNTY: * TO satisfy the debt, interest and costs due Mortqaqe Elect~ Teresa N. Shumaker, 40 South 18th Street, Camp H: Andrea D. Shumaker, 5 Ad.ns Street, Apt. 5, Enoli (1) You are directed to levy upon the property of the defendant(t (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/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,129.78 L,L. $. 50 frcm 8/29/01 to 12/5/01 (per diem Interest $13.50) $1,323.00 and Costs Due Prothy $1.00 Atty's Corem % Other Costs Atty Paid $168.50 Plaintiff Paid Date: ,%e. pt~ber 7, 2001 ~by' REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 Curtis R. Long Prothonotary, Civil Division Deputy SALE No. On September 12, 2001, the sheriff levied upon the defenendant's interest in the real property situated in the Borough of Camp Hill, Cumberland County, PA, known and numbered as 40 South 18th Street, Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein: Date: September 12, 2001 By: Real Estate Deputy SCHEDULE OF DISTRIBUTION SALE NO. 24 Writ No. 2001-3374 Civil Term Mortgage Electronic Registration Systems, Inc. VS Teresa N. Shumaker and Andrea D. Shumaker 40 South 18th Street Camp Hill, PA 17011 Date Filed: April 5, 2002 Sale Date: Buyer: Bid Price: March 6, 2002 Mortgage Electronic Registration Systems, Inc. $5,000.00 Real Debt: $82,129.78 Interest: 1,323.00 Writ Costs: 168.50 Total: $83,621.28 DISTRIBUTION Amount Collected: $1,092.66 Sheriff's Costs: 892.66 Legal Search: 200.00 R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 24 Held Wednesday, March 6, 2002 Date: March 6, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2002, and recorded ,2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Camille K. Smith, widow, by deed dated January 20, 1998 and recorded February 3, 1998 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle Pennsylvania in Deed Book 171, Page 714 granted and conveyed to Teresa N. Shumaker, single woman and Andrea D. Shumaker, single woman as joint tenants with the right of survivorship. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of South 18th Street and in a 20 foot wide unnamed public alley. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Lots laid out by David Mumma for Jacob L. Heyd recorded in Plan Book 1, Page 65. 7. Mortgage in the amount of $75,920.00 given by Teresa N. Shumaker and Andrea D. Shumaker to North American Mortgage Company dated January 30, 1998 recorded February 3, 1998 in Mortgage Book 11429, Page 1131. Assigned to Mortgage Electronic Registration System Inc. by instrument recorded February 7, 2000 in Miscellaneous Record Book 637, Page 360. Complaint fried by Mortgage Electronic Registration System, Inc. as Plaintiff against Teresa N. Shumaker and Andrea D. Shumaker as Defendants on June 1,2001 in the Office of the Prothonotary of Cumberland County to file number 2001-3374. Judgment in the amount of $82,129.78 entered August 30, 2001. 8. Mortgage in the amount of $6,169.42 given by Teresa N. Shumaker and Andrea D. Shumaker to the Secretary of Housing and Urban Development dated June 6, 2000 and recorded August 14, 2000 in Mortgage Book 1632, Page 230. 9. Satisfactory evidence to be produced that proper notice was given to the holders of liens and encumbrances intended to be divested by subject Sheriff Sale. 12. Real estate taxes accruing on and after July 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. until countersigned by an authorized signatory. REAL ESTATE SALE NO. 24 Writ No, 2001-3374 Civil Mortgage Electronic Registration Systems, Inc. vs. Teresa N. Sh~rnaker and Andrea D. Shumaker Atty.: Frank Federmam ALL THOSE TWO CERTAIN lots or tracts of land situate In the Bor- ough of Camp Hill, Cumberland Court- ty, Pennsylvarda, more particularly bounded and described as follows, to wit: BEGINNING at a point on the West side of South 18th Street. for- merly Main Street, on the Plan of Lots laid out by David Mumma for Jacob L. Heyd. recorded in the recorder's OffiCe of Cumberland County, P~nnsylvania, in Plan Book 1, Page 65, 240 feet North of the North side of Thtrd Street as shown on said Plan at the Northern line of Lot No. 104 on said Plan; thence Norhhwardly along the West side of South 18th Street, 40 feet to the Southern line of LOt No. 101 on said plan; thence Westwardly along said line, 120 feet to a 20 foot wide alley as sho~vn on said Plan; thence Southwardly along said alley, 40 feet to the Northern line of afore- said Lot No. 104; thence Eastwardly along said llne, 120 feet to the West side of South 18th Street, the place of BEGINNING. BEING Lots Nos. 103 and 102, each 20 feet wide, on the said Plan of Lots. HAVING THEREON ERECTED a two and one-half story flame dwell- hug house known as 40 South 18th Street. TAX PARCEL #01-22-0536-036. TITLE TO SAID PREMISES IS VESTED IN Teresa N. Shumaker, snigle woman and Andrea D. Sbu- maker, single woman Joint tenants with the right of survivorship by Deed from Cammfle K. Smith, widow dated 1/20/98 and recorded 2/3/98 in Record Book 171, Page 714. REAL ESTATE SALE #24 ATTORNEY Frank Federman Advance Costs: $1,500.00 Assessed Valuation: 95,410.00 Writ No. 2001-3374 Civil Term Mortgage Electronic Registration Systems, Inc. VS Teresa N. Shumaker and Andrea D. Shumaker 40 South 18th Street Camp Hill, PA 17011 Real Debt: $82,129.78 Imerest from 8/29/01 to 12/5/01 ($13.50 per diem) 1,323.00 Attorney writ costs 168.50 Sheriff's Costs: Docketing 30.00 Poundage 10 0 o 0 0 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 29.25 Certified Mail 4.53 Levy 15.00 Surcharge 30.00 Postpone sale 2 0.0 0 Legal Search 200.00 Law Journal 297.95 Patriot News 216.27 Share of bills 25.66 Distribution of proceeds 25.00 Sheriff's deed 27.50 Taxes MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, TERESA N. SHUMAKER ANDREA D. SHUMAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-3374 CIVIL 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 40 SOUTH 18TH STREET, CAMP HILL, PA 17011 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (Ifad&ess cannot be reasonably ascertained, please so indicate.) TERESA N. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 ANDREA D. SHUMAKER 5 ADAMS STREET, APT. 5 ENOLA, PA 17025 Name and ad&ess of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If ad&ess cannot be reasonably ascertained, please so indicate.) Same as above Name and ad&ess of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (Ifad&ess cannot be reasonably ascertained, please so indicate.) 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.) SECRETARY OF HOUSING AND URBAN DEVELOPMENT 451 SEVENT ST. SW WASHINGTON, DC 20410 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 IGNOWN ADDRESS (If address 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: NA/VIE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 40 SOUTH 18TH STREET CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE F~ FEDE~--ES QUIRE ~k~orney for P l~ntiff MORTGAGE ELECTRONIC REGISTRATION : SYSTEMS, INC. : Plaintiff~ : TERESA N. SHUMAKER : ANDREA D. SHUMAKER : Defendant(s). TO: TERESA N. SHUMAKER 40 SOUTH 18TH STREET CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-3374 CIVIL August 30, 2001 ANDREA D. SHUMAKER 5 ADAMS STREET, APT. 5 ENOLA, PA 1702.5 **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 40 SOUTH 18TH STREET, CAMP HILL,PA 17011is scheduled to be sold at the SherifPs Sale on DECEMBER 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney% fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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 Shefiff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 THOSE TWO CERTAIN lots or tracts of land situate in the Borough of Camp Hill, ALL Cumberland County., Pennsylvania, more particularly bounded and described as follows, to w~t: BEGINNING at a point on the West side of South 18th Street, formerly Main Street, on the Plan of Lots laid out by David Mumma for Jacob L. Heyd, recorded in the recorder's Office of Cumberland Count'y, Pennsylvania, in Plan Book 1, Page 65, 240 feet North of the North side of Third Street as shown on said Plan at the Northern line of Lot No. 104 on said Plan; thence Northwardly along thee West side of South 18th Street, 40 feet to the Southern line of Lot No. i01 on said Plan; thenc/e,/ Westwardly along said line, 120 feet to a 20 foot wide alley as shown on said Plan: thence Southwardly along said alley, 40 feet to the Northern line of aforesaid Lot No. 104; thence Eastwardly along said line, 120 feet to the West side of South 18th Street, the place of BEGINNING. BEING Lots Nos. 103 and 102, each 20 feet wide, on the said Plan of Lots. HAVING THEREON ERECTED a two and one-half story frame dwelling house known as 40 South~''''~ 18th Street. TAX PARCEL #0t-22-0536-036 TITLE TO SAID PREMISES IS VESTED IN Teresa N. Shumaker, single woman and Andrea D. Shumaker, single woman joint tenants with the right of survivorship by Deed from Carm~ K. Smith, widow dated 1/20/98 and recorded 2/3/98 in Record Book 171, Page 714. THE PATRIOT NEWS THE SUNDAY 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 23rd and 30th day(s) of October and the 6th day(s) of November 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 MipCellaneous Book "M", Volume 14, Page 317. /~ PUBLICATION COPY s~'~' ~,' ~'~1"~ I~'.~ i..'1 ' r~'r~'e ~ s 10th d'~"'-'~ ,~,~/~ ,.,,of N(~'nber 2001 A.D. M'/~ ~ Jun~ & ~0~ N(~ARY PUBLIC I~aV~e~, ~s~ ~ ~, ~ommission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 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 $ 214.77 $ 1.5O $ 216.27 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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: October 12, 19, 26, 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 ESTATE ~ NO. 24 Writ No. 2001-3374 clva Mortgage Electronic Registration Systems, Inc. VS. Teresa N. Shumaker and Andrea D. Shumaker Atty,: Frank Federman ALL ~I-IOSE TWO CERTAIN lots or tracts of land situate/n the Bor- ough of Camp HIll, Cumberland Coun- ty, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the West side of South 18th Street, for- merly Main Street, on the Plan of Lots laid out by David Mumma for Jacob L. Heyd, recorded in the recorder's Office of Cumberlaud County, Pennsylvarda, h~ Plan Book 1, Page 65, 240 feet North of the North side of Third Street as shown on said Plan at the Northern line of Lot No. 104 on said Plan; thence SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER, 2001