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HomeMy WebLinkAbout02-0788FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANKERS TRUST COMPANY OF CA, N.A. 7105 CORPORATE DRIVE PLA_NO, TX 75024-3632 Plaintiff WILLARD C. HUMER JR., A/K/A WILLARD C. HUMER LORRAINE HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. '7I CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 6123239 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is BANKERS TRUST COMPANY OF CA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: WILLARD C. HUMER JR., A/K/A WILLARD C. HUMER LORRAINE HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/18/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AAMES HOME FUNDING D/B/A AAMES HOME LOAN which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1640, Page 520. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 8/1/01 through 1/1/02 (Per Diem $18.19) Attorney's Fees Cumulative Late Charges 9/18/00 to 1/1/02 Cost of Suit and Title Search Subtotal $74,557.13 2,801.26 1,000.00 295.95 550.00 $79,204.34 Escrow Cred~ 0.00 Deficit 151.00 Subtotal $151.00 TOTAL $79,355.34 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 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; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTII~F demands an in rem Judgment against the Defendant(s) in the sum of $79,355.34, together with interest from 1/1/02 at the rate of $18.19 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. FF_.I)ERMAN AND PItELAN, LLP By: '~~ g/~ "' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING al a point on the northern line of Humor Drive at the dividing line between Lots No. 2 and No. 3, said point being Four hundred thirty-five and nineb/one hundredths (435.90) feet east of the northeast comer of Humor Drive and relocated ER. 21001; THENCE along the northern line of Humor Drive by a curve to the right having a radius of two hundred (200) feet an arc distance of one hundred thirty-nine and sixty-three one-hundredths (139.63) feet to a point at the dividing line between Lots Nos. 3 and 4; THENCE along said dividing line North hventy-four degrees eight minutes fifty.one seconds west ( N 24 ° 08' 51'%~/) a distance of one hundred sixty- seven and thirty one-hundredths (167.30) feet to a point at other lands of the Grantor;, THENCE along said lands south seventy-eight degrees twenty, seven minutes West ( S 78° 27' W} a distance of two hundred f'd~y-seven (257) feet to a point at the dividing line between Lots No. 2 and No. 3: THENCE along said line south fllty-one degri~es thirty minutes thirty-nine seconds east ( S 51° 3~3' 39" E } a distance of two hundred forty-eight and fifty one- hundredths (248.50) feet to a poinl on the northern line of Humor Drive, being the place of BEGINNING. BEING LOT NO. 3 on the Plan of Lots of Willierd C. Humor and Ethel V. Humor, his wife, prepared by Ernest J. Waker, Registered Engineer, and approved by the Silver Spring Township Board of Supervisors ar~ Planning Commission July 28, 1971, and recorded in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, in PLAN Book , page BEING PART OF THE SAME PREMISES which Williard C. Humor and Ethel V. Humor, his wife, by Deed dated 12/2/1972, and recorded 12/29/1972, at Cumberland COUNTY Deed Book Y-24. page 527, granted and conveyed unto Williard C. Humor, Jr. and Lorraine Humor, his wife, in fee. P~SES ON: 5 HUNER DRIVE VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COIJNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree 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~ec. 4904 relating to unswom falsification to authorities. / /// SHERIFF'S RETURN - REGULAR CASE NC: 2002-00788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST CO OF CA N A VS HUMER WILLARD C JR ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUMER WILLARD C JR the DEFENDANT , at 1755:00 HOURS, on the 20th day of February , 2002 at 5 HUMER DRIVE MECHANICSBURG, PA 17055 by handing to LORRAINE HUMER, WIFE 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 6.90 Affidavit .00 Surcharge 10.00 .00 So Answers: R. Thomas Kline 34.90 02/21/2002 FEDERMAN & P~ Sworn and Subscribed to before By: ~..~ /_ me this /~ day of ~ oq ~-v ,2~ A.D. ~ ;Prothonotary Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST CO OF CA N A VS HUMER WILLARD C JR ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUMER LORRAINE the DEFENDANT , at 1755:00 HOURS, on the 20th day of February , 2002 at 5 HUMER DRIVE MECHANICSBURG, PA 17055 by handing to LORRAINE HUMER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~.~- day of / I6rothonotary So Answers: R. Thomas Kline 02/21/2002 FEDERMAN & PHELA~A~ ~ By: ~/~/~~ Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANKERS TRUST COMPANY OF CA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, V. WILLARD C. HUMER, JR., AfK/A WlLLARD C. HUMER LORRAINE HUMER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 CIVIL Defendant(s). PRAECIPE FOR JUDGMENT F~R FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER and LORRAINE HUMER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from I/2/02 to 3/26/02 TOTAL $79,355.34 $1,527.96 $80,883.30 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRJkNK FEDER3)i~k~, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ~/,, ~t~.2~ ~ f~ /o-~.~ ~.' PRO PROTHY [ ' /'- FEDERMAN~ PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff BAN~RS TRUST COMPANY OF CA, N.A. Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY WILLARD C. HUMER WILLARD C. HUMER LORRAINE HUMER JR., A/K/A : NO. 02-788 CIVIL De fendant ( s ) TO: WILLARD C. HUMER JR., A/K/A WILLARD C. HUMER 5 HUMER DRIVE MECHANICSBURG PA 17055 DATE OF NOTICE: MARCH 13,2002 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 ~ SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN'AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)'563-7000 Attorney for Plaintiff BANKERS TRUST COMPANY OF CA, N.A. Plaintiff VS. WI LLARD C. HUMER WILLARD C. HUMER LORRAINE HUMER JR. , A/K/A : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-788 CIVIL Defendant TO .' LORRAINE HUMER 5 HUMER DRIVE MECHANICSBURG PA 17055 DATE OF NOTICE: MARCH 13.2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff SHERIFF' S RETURN - REGULAR CASE NO: 2002-00788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL~RgD BANKER~ TRUST CO OF ~CA N A VS HI3MER WILLARD C JR ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUMER WILLARD C JR the DEFENDANT , at 5 HUMER DRIVE at 1755:00 HOURS, on the 20th day of February , 2002 MECHANICSBURG, PA 17055 by handing to LORRAINE HUMER, WIFE 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 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 02/21/2002 FEDERMAN & P~ Deputy Sheriff Prothonotary SHERIFF' S RETURN - REGULAR CASE NO: 2002-00788 P coMMoNWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST CO OF CA N A VS HUMER WILLARD C JR ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUMER LORRAINE the DEFENDANT at 5 HUMER DRIVE , at 1755:00 HOURS, on the 20th day of February , 2002 MECHANICSBURG, PA 17055 by handing to LORRAINE HUMER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 02/21/2002 FEDERMAN & PHE~~ By: Deputy Sheriff Prothonotary (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANKERS TRUST COMPANY OF CA, N.A. 7105 CORPORATE DRIVE Plaintiff, V. WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on By: ~ ~. ~-t~ l~E~UTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATrEIVIlrr TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN ~,aND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 J. OHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANKERS TRUST COMPANY OF CA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, V. WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 CIVIL Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLARD C. HUMER, JR., A/K/A WlLLARD C. HUMER and LORRAINE HUMER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/2/02 to 3/26/02 TOTAL $79,355.34 $1,527.96 $80,883.30 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FR~aNK FEDERI~AN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: )'h~. 20~,Z- (~"~,._f, ~_~/,....,, ,~,- PR6/PR~THY FEDERMAN'~ND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 lohn F. Kennedy Boulevard Suite 1400 Phil .a~lphia, PA 19103-1814 (9_15) qfi~-TOOO BANKERS TRUST COMPANY OF CA, N.A. Plaintiff vs. WI LLARD C. HUMER JR. , WILLARD C. HUMER LORRAINE HUMER A/K/A Attomcy for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-788 CIVIL Defendant TO:' LORRAINE HUMER 5 HUMOR DRIVE MECHANICSBURG PA 17055 DATE OF NOTICE: MARCH 13,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAI~ and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 pI-III~ADELPHIA, PA 19103-1814 (215) 563-7000 BANKERS TRUST COMPANY OF CA, N.A. 7105 CORPORATE DRIVE Plaintiff, V. WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LOP. RAINE HUMER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 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) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. Co) that defendant WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER is over 18 years of age and resides at, 5 HUMER DRIVE, MECHANICSBURG, PA 17055. (c) that defendant LORRAINE HUMER is over 18 years of a~e, and resides at, 5 HUMER DRIVE, MCHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FR~'K FEDE~, E~QUIRE Attorney for Plaintiff A[.L THAT CERTAIN tract of land situate in Silver Spring Townsrdp, Cumberland County, pennsylvania, more perticu/mdy bounded and desk. ed ;~ follewa: ~ ~O ~ ~8 ~ ~ N~ 3 ~d 4: ~CE ~ ~ ~ng lina No~ ~nt~[our along eaid ~ ~ s~gN =e~ ~n~ven rain.aa W~ ( 8 78' 27' ~ · di~ or ~ ~d~ fi~n (~) feet ~ a point ~ ~e dlvi=in9 ~e bogen Lo~ No. 2 to a po;hi on ~e no~ II~ ~ H~ D~, ~i~g ~e pla~ a~ BEGINNING. gEING LOT NO. 3 an the Plan ~ Lets et' Wliliard C. Hume- arid Ethel V. Humor, his wife, ptel:~red by Errmat ,L Waker, Reglst~- ad ErlgJrteer, and aoproved by the $~ver Spring Tm~nehip Board oir Supervi$om and Plann[r~ Cm'nmiaaion July 2B, 1971. afro"recorded Jrt the Office of the Recqr~l. er of Deeds in and f~. Cumberland County Pennsylvania. in PLAN l~ok . page lqtlzm'S~.S SE]31C ERO~ AS 5 ][rOXl~ D]LT~E. m~CSBi]~G' PA 17055 ~ PA~:]~ # 38-13-0985-077 Vested by DeecL da~-.d 12-21-72, given by WIUard C. Humer and Ethel V. Humer, his wee to Willard C. R'umer, Sr. and Lorraine Humer, his wife and recorded 12-29-72 in Book: ¥24 Page: 527 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANKERS TRUST COMPANY OF CA, N.A. Plaintiff, V. WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER Defendant(s). No. 02-788 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/27/02 to (per diem -$13.30) TOTAL $80,883.30 $2,154.60and Costs $83,037.9O F~FEDERMAI~, E~QUIRE 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. A[.L THAT CERTAIN tract of land sRuete in Silver Spring Tawns~tip, Cumberla~c~ County, Per~ns¥lva;'~la. more pa~i~la~ b~nd~ ~d dea~ aa folle~: BEG~NtNG ~ a ~i~ on ~ ~em fine of ~mer DHve at tho ~flg line beMlfl 2 and No. 3, s~d ~iflt being Fo~ h~dmd ~y~ and fliflo~ ~e h~ arc ~sten~ of one h~d ~;.~ne and ~-~ree on~~s (13g.63) feel to = point at ~ ~v~g fi~ ~ ~ ~. 3 ~d 4: ~CE ~ ~ ~ng line No~ ~fout de~ eigh~ ~ ~e ~ ~ ( N 24' ~ Sl~ a di~ee ~ o~ h~dred dis~n~ o; ~ h~drgd fi~ven (2~) feet ~ a ~int ~ ~e dividing ~e be~en Loffi No. 2 to a point o~ ~e no~ line ~ H~ DH~. ~ei~g ~e ~la~ or BEGINNING. BEING LOT NO. 3 on ~e Plan ~ Lots ~ ~lliard C. Hum~ a~ E~oJ V. Humer, his ~fe, B~rd o~ Supe~eom ~d PI~i~ C~ion Ju~ 2a, 1971. ~re~ed in ~e Re~ o~ Dee~ in ~d f~ Cumbefl~d C~ P~yl~nia. ~ p~ Bo~ PR~SKS BK_]:NG KlqOb'lq AS 5 .~ DR.TV~, t~CBAN/CSBURO, PA 17055 TAX PARC~.L ~ 38-13-O985-.077 V~.~-~[ll2Jn fo r ma t~on: Vested 5y Deed. ~L~r_ed 12-21-72, g~ven by WHlard C. Humer and Ethel V. Ruiner, his wife to WHlard C. Humer, Jr. and Lorraine Humer, his wife and ~cord~ 12-29-72/n Book: Y24 Page: $27 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANKERS TRUST COMPANY OF CA, N.A. 7105 CORPORATE DRIVE Plaintiff, V. WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, 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 within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER is over 18 years of age and resides at, 5 HUMER DRIVE, MECHANICSBURG, PA 17055. (c) that defendant LORRAINE HUMER is over 18 years of age, and resides at, 5 HUMER DRIVE, MCHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FP,~IK FEDERN~AN, E~QuIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANKERS TRUST COMPANY OF CA, N.A. Plaintiff, V. WILLARD C. HUMER, JR., A/K/A WlLLARD C. HUMER LORRAINE HUMER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 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: 0 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. F~.NK FI~DERM~N, ESQUIRE Attorney for Plaintiff BANKERS TRUST COMPANY OF CA, N.A. Plaintiff, V. WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANKERS TRUST COMPANY OF CA~ N.A., 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 ~5 HUMER DRIVEl 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) WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 5 HUMER DRIVE MCHANICSBURG, 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: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) MENKERS FIRST FEDERAL CU TO BE DETERMINED 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) None 5. Name and address of every other person who has any record lien on the property: SaBle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 5 HUMER DRIVE MECHANICSBURG, PA 17055 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. March 19, 2002 DATE F1LlkNK FEDERMAN, ESQUIRE Attomey for Plaintiff BANKERS TRUST COMPANY OF CA, N.A. Plaintiff, V. WILLARD C. HUMER,-JR., AflCJA WILLARD C. HUMER LORRAINE HUM~ER Defendant(s). CUMBERLAND COUNTY No. 02-788 CIVIL March 19, 2002 TO: WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 1NFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 5 HUMER DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at thc Sheriff's Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $80~883.30 obtained by BANKERS TRUST COMPANY OF CA, N.A. (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: (215) 563-7000. 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 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 buy'er 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 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 A[.L THAT CERTAIN b'act et lam[ situate in Silver Sprir:g Tau.~,~ip, Cumberland County. Pennsylvania. mare particularly bounded and de, cfi'bed a. folla,w~: 2 and No. 3. s~ ~t be~g Fa~ h~d ~ and ninety ~e ~s H3~) f~t arc ~n~ ~ o~ ~ ~j~ ~d ~ on~,~ (13g.63) ~[ ~ a ~int d~ ~~ ~ ~~ ( N24' ~ 51~ ~ ~ ~a~ h~ ~y- along oaid I~ ~ s~g~t a~rm Mfl~von rain,aa W~ ( 8 7a* 27' ~ a dJs~ at ~ h~ ~en (~) f~t ~ a ~iflt ~ ~e d~d~g Frae began Lam No. 2 to a ~Jnl ~ ~e flo~ ~ ~ H~ Ddt. ~lflg ~o ~fa~ ar BEGINNING. BEING LOT NO. 3 an Ihe Plan af Lots af Wiiliard C. Humer and E~e! V. Humer. his wife, pl'el:~tred by ~ J. Waker, RegfslenM Eflgbleer, and approved by ~ Silver Spdng Townehip Bc,ard ofr Supm~oom and Plaflnb~g CammL~ian ~ ~, 1971. ~m~ed ~ ~e Offi~ o~ ~c R~ of D~ in ~ f~ Cu~ ~ P~vania. ~ P~ ~ok . ~o ~ BErG ~ ~ 5 ~ D~, ~CSB~, PA 17055 ~ P~ ~ 38-13~985~77 Vested b.v Deed. dared 12-21-72, givea by Willard C. Hamer sad Ethel V. ttumer, his wife to V~'fllard C. l~lumer, Jr. sad Lorraine Humer, his wife aaci recorded 12-29-72/a Book: ¥24 Page: $2? AFFIDAVIT OF SERVICE ,PLAINTIFF BANKERS TRUST COMPANY OF CA, N.A. DEFENDANT(S) WILLARD C. HUMER, JR., A/FdA WILLARD C. HUMER LORRAINE HUMER SERVE WILLARD C. HUMER, JR., A/FdA W1LLARD C. HUMER AT: 5 HUMER DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY K_MD No. 02-788 CIVIL ACCT. # Type of Action - Notice of Sheriff's Sale Sale Date: 9/4/02 SERVED of Pennsylvania, in the manner described below: Defendant personally served. ~Adult family member with whom Defendant(s) reside(s). Relationship is xaO',q- __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. __Other: /'~, ,-- ~ ~ ~\'~k~ ~ ~ Description: Age Dr~'~ ffeight~> o~ Weight~f.~_ Race b,3~ Sex~ Other o~\~-'~d~5' i,('~/~g;e.~q'~ ~, Gx~ .J~ac~mpete~tadu~t~bei~gdu~ysw~macc~rdingt~aw~dep~seandstatethatIpers~na~handed a tree and correct copy of the Notice of Sheriff's Sale .... - ........ ~.-~., ....... ~ the captmned case on the date and at the address indicated above, gl~ M. J~..~, ~l~l My Cornmi.ion E]q~m Deo. 19, ~oo~ ,J Sworn to an~ subscr,'~ed PLEA~3~E ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE'DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved Unknown __ No Answer 1st Attempt: / / Time: : Vacant 2~a Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of. ., 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 O~ -"< AFFIDAVIT OF SERVICE · PLAINTIFF BANKERS TRUST COMPANY OF CA, N.A. DEFENDANT(S) WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER SERVE LORRAINE HUMER AT 5 HUMER DRIVE MCHANICSBURG, PA 17055 CUMBERLAND COUNTY KMD No. 02-788 CIVIL ACCT. # Type of Action - Notice of Sheriff's Sale Sale Date: 9/4/02 SERVED '-v ~, · ~.. , Defendant, on the / Served and made known to /,-,O11[ ~x~,\ I~ ~- at of Pennsylvania, in the manner described below: ~ Defendant personally served. __Adult family member with whom Defendam(s) reside(s). Relationship is. __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. day of ~, 200~,~ Commonwealth __ Other: Description: Age +2 Height ,~tarn Weight IlO I, ~"/:~l~e~- L, C.~ ~ ~a co~etent adult, being duly sworn according to law, depose and s~te that I personally handed ~ed in the captioned case on the date and at the address indicated above. ~ ~T~ ~ / Sworn to and subscribed I ~ ~., F~ ~ -~ t-is 6~a' I PL~E ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DAT~S~ IMES OF SERVICE A~EMI*TED. NOTSERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved Unknown __ No Answer 1st Attempt: / / Time: Vacant 2"a Attempt: / / Time: : 3rd Attempt: / / Time: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 i Ii BANKERS TRUST COMPANY OF CA, N.A. : ._ Plaintiff, : V. ._ WILLARD C. HUMER, JR., AfK/A WILLARD C. : HUMER : LORRAINE HUMER : : Defendant(s). : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANKERS TRUST COMPANY OF CAI N.A., 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 ~5 HuMER DRIVEl 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) WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 LORRAINE HUMER 5 HUMER DRIVE MCHANICSBURG,: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: Nanle MENKERS FIRST FEDERAL CU Last Known Address (if address cannot be reasonably ascertained, please indicate) 5275 E. TRINDLE ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained; please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Last Known Address {if address cannot be Name reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) Tenant/Occupant 5 HUMER DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 171105 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. June 14, 2002 DATE r~ FEDERM/kN, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANI~ PENNSYLVANIA RE: BANKERS TRUST COMPANY OF CA, NA ) C VS. WILLIARD C. HUMER, JR. NWA WILLIARD C. HUMER LORRAINE HUMER AFFIDAVIT OF SERVICE PURSUANT TO RULI COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) I, FRANK FEDERMAN, ESQUIRE attorney for BANKEI COMPANY OF CA, NA hereby verify that on 3~27~02 & 6114/0: copies of the Notice of Sheriffs sale were served by certificate recorded lienholders, and any known interested party see Exhi hereto. Notice of Sale was sent to the Defendant(s) on 3127/02 return receipt requested see Exhibit "B" attached hereto. DATE: June 17, 2002 FR(AN K FEDERMAN Attorney for Plaintiff COUNTY, VIL ACTION ;IVIL DIVISION IO. 02-788 CIVIL 3129 SS: tS TRUST true and correct )f mailing to the bit "A" attached by certified mail ESQUIRE 1 TO: 7160 39111 9844 7039 2111 WILLARD C. HD-MER, .IR., A/K/A WILLARD C. HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 -SENDER: KA4D REFERENCE: SALES · PS Form 3800, June 2000 RETURN I Postage j..~,~...,~' RECEIPT | ~_~ '~ SERVICE t ~,enmed Fee 1.90 ~ Retum Receipt Fee i 50 Receipt for Certified Mall No Insurance Coverage Provided Do Not Use for Intsma~onal Mail .......................................... .............................................. · , ! 7160 3'!01 9844 7039 2128 TO: LORI~ 5 HUM MECH. ~ENDER: REFEREN( PS Form 3800, ,INE HUMER ER DRIVE kNICSBLTRG, PA 17055 KMD SALES ne 2OOO RETURN F,~ ~;.~ .34 RECEIPTIc, ~,~ Fee 1.90 SERVICE Re =m Receipt Fee 1.50 Re m.~cted ~live,,/ ~ ~.20 Cemf ed Maa No Insu~ce ~ ~ P~id~ Do Not Use for I~ sma~a~al Mall FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (.215) 563-7000 BANKERS TRUST COMPANY OF CA, N.A. Plaintiff VS. WILLARD C. HUMER, JR., NK/A WILLARD C. HUMER LORRAINE HUMER Defendant(s) ATTORNEY FOR PLAINTIFF : CUMBERLAND County : : Court of Common Pleas : : CIVIL DIVISION : : NO. 02-788 CIVIL _. : : .. PRAECIPE TO VACATE JUDGMENT ,AND MARK CASE DISCONTINUED AND ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 3/26/02 against WILLARD C. HUMER, JR., NK/A WILLARD C. HUMER and LORRAINE HUMER, Defendants, in the amount of $80,883.30 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. NK I~-D~RI~IAN,- ESQUIRE - Attorney for Plaintiff Dated: 8/14/02 Bankers Trust Company of CA, N.A. VS Willard C. Humer, Jr. aJk/a Willard C. Humer and Lorraine Humer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-788 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 30.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 25.34 Law Journal 367.70 Patriot News 289.75 Certified Mail 2.80 $831.09 paid by attorney 08/28/02 Sworn and subscribed to before me This .5 ~ day of~m:~ 2002, A.D. (~,, ~/r~ -~4.,~,~ ~, ~ ,' ! Prothonotary So Answers: R. Thomas Kline, Sh[riff Real Estat~ Deputy BANKERS TRUSTCOMPANYOFCA, N.A. Plaintiff, WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER Oefen41a~s). COr f CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-788 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANKERS TRUST COMPANY OF CAT N.A., 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 ,5 HUMER D~._~VE 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) WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 5 HUMER DRIVE MCHANICSBURG, 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: NaiTle MENKERS FIRST FEDERAL CU Last Known Address (if address cannot be reasonably ascertained, please indicate) 5275 E. TRINDLE ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: maltle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 5 HUMER DRIVE MECHANICSBURG, PA 17055 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 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. June 14, 2002 DATE FP,~'~ FEDERM~N, ESQUIRE Attorney for Plaintiff BANKERS TRUST COMPANY OF CA, N.A. Plaintiff, WILLARD C. HUMER, JR., AffK/A WILLARD C. HUMER LORRAINE HUMER Defendant(s). CIVIL DIVISION : NO. 02-788 CIVIL CUMBERLAND COUNTY COURT OF COMMON PLEAS AFFIDAVIT PURSUANT TO R~E 312~ ~ ' ,, ,a 1[ (Affidavit No. 1) ~ '~'~' BANKERS TRUST COMPANY OF CAT N.A., 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 ~5 HUMER DRIVEl 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) WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 5 HUMER DRIVE MCHANICSBURG, 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: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) MENKERS FIRST FEDERAL CU TO BE DETERMINED 4. Name and address of last recorded holder of every mortgage of record: Nam Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose - interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 5 HUMER DRIVE MECHANICSBURG, PA 17055 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 unsworn falsification to authorities. March 19, 2002 DATE FILkNK FEDERMAN, ESQUIRE Attorney for Plaintiff B.kNKERS TRUST COMPANY OF CA, N.A. Plaintiff, WILLARD C. HUMER,'JR., AIK/A WILLARD C. HUMER LORRAINE HUMER Defendant(s). CUMBERLAND COUNTY No. 02-788 CIVIL March t9, 2002 TO: WILLARD C. HUMER, JR., A/K/A WILLARD C. HUMER LORRAINE HUMER 5 HUMER DRIVE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND 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, 5 HUMER DRIVE, MECHANICSBURG, PA 17055~ is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $80~883.30 obtained by BANKERS TRUST COMPANY OF CAt N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sate 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. 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 attomey 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 ~ossly 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 right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .e~.L THAT CERTAIN tract of land situate in Silver .Spring Tav~slljp, Cumberland Cauniy. pennsylvania, mere particularly bounded and desa'fbed ~a fallew~: BEGINNING at a j~oint an the norL~ern line of Hamer DHve al the dividing line be~en Lo~ Ne. 2 and No. 3, said point bging Four hundred ~lrty-/ive and ninety ane hundredfl'ta (4~E~gO) feet eal:l~ at [ha n~31rlheast ez3mar of HLI~Tler rtriv~ ~ t~ecatad L.R. 21001; TH~.NCE elan, g the arc distance of one hundred thirty-nine and sixty.three one.~unareems ¢13g.63) feet tea Faint at ihe dividing ling pat~ee~ Lots Nce. 3 and 4; THENCE along saki divfalng llne Narth ~nty.-faur degrees oighl: minut~ §~ ancar~ west ( N 24' 08' 51~ a diatarma cf/one hus~drad sixty- along said lends ~outh s~v~nty-eigrlt oegrees tv~nty-saven minutes Wast ( S 78' 27' V~ a distance al' two hundred ti/ty-sevgn {257) fggl to a paint et the dividing ['me baL"v~an Lear= No. 2 m'~d. Na. 3: THENCE e~ortg sa/d line sot~/ltly-on~ ~egmes thirty minulee th~¥-nlne ae=at~da east ( $ $1 ' 30' 39" E ) a dislence, of two I'lunclteo/ar~-eign~ and fifty =ne. hundredths (248.50) to a peinl on the northern llme of Hamer DHve, being Ute place er BEGINNING. BEING LOT NO. 3 an the Plan at' La[s of Wiiliard C. Hamer and Ethel V. Hamer, his wife, prepared by -Emit J. Waker, Reglsiere~ Engineer, and aoproved by the $~ver Spdng Tov,~ah~'p Beard ol'.¢;uparvlsam and Planning Camm/.saion July 2~, 157% and'recorded in the Office of the Re.corder of Deeds in and far Cumberland C~un~y Pennsylvania, in PLAN Beak , page PR~I:SES BEING KNO~llq AS 5 IIUH]~ DRIVE, HECHAN[CSBURG, PA 17055 TAX PARCEL # 38-13-0985--077 Vcstcd by Deed. dated 12-21-72, g~vcn by Willard C. Hamer and Ethel V. Hamer, bis Wife to Wi//ard C. Hamer, Jr. and Lorraine Humer, bis Wife and recorded 12-29-72 in Book: Y24 Page: 527 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-788 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CA N.A. PLANTIFF(S) From WILLARD C ItUMER, JR., A/K/A WILLARD C HUMER, LORRAINE HUMER 5 HUMER DRIVE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant(s) and to sell SEE ATTACHED 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/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/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 80,883.30 Interest FROM 3/27/02 TO (PER DIEM-S13.30) Atly's Comm--% Airy Paid $122.90 Plaintiff Paid L.L.$0.50 Due Prothy $1.00 Other Costs Date: MARCH 26, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name: FRANK FEDERMAN ESQ Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, STE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 2155637000 Supreme Court ID No. 12248 Real Estate Sale # 22 On May 10, 2002 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 5 Humer Drive, Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 10, 2002 THE PATRIOT NEWS THESUNDAY 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, 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 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 are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COPY worn to and subscribed h~.fc, r~ me.~J)14th day of/A'agus~002 A.D. NotadalSeal //1 / / . / / S A L E #22 TenyL. RusselI, Nota,'yPublic -~'~" ~/~/-~' ~./.,,/--~-~/.,. ~' MyCommissionExpiresJune6,2006 ~ NOT,~'RY PUBLIC Member, PennsylvaniaAssociatlonOfNotarie~y commission expires June 6, 2006 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 $ 288.00 $ 1.75 $ 289.75 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: 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 of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 LOIS E. SNYT)ER, Notary Pubflc I ~ ESTATE sALE NO. 22 Writ No. 2002-788 Civil Bankers Trust Company of CA~ N.A. Willard C. Humer. Jr., A/K/A Wlllard C. Htuner and Lorraine Humer Atty.: Frank Federman ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, permsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point on the northern line of Humer Drive at the dividing line between Lots No. 2 and No. 3, said point being Four hun- dred thirty-five and ninety one hun- dredths (435.90) feet east of the northeast corner of Humer Drive and relocated LR 21001: THENCE along the northern line of Humor Drive by a curve to the right having a radius of two hundred {200) f~et an arc distance of one hundred thirty- nine and sixty-three one-hundredths {139.63) feet to a point at the divid- ing line between Lots Nos. 3 and 4: THENCE along said dividing line North twenty-four degrees eight min- utes fifty-one seconds west (N 24° 08' 51" W3 a distance of one hundred aixty.seven and thirty one*hun- dredths {167.30) feet to a point at other lands of the Grantor: THENCE along said lands south seventy-eight degrees twenty-seven rainutes West ( S 78° 27' W) a distance of two hun- dred fifty-seven (257~ feet to a point at the dividing line between Lots No, 2 and No. 3: THENCE along said line south fifty-one degrees thirty minutes tb_~ty-pdne seconds cast 51° 30' 39" E ) a distance of two hundred forty-eight and fifty one- hundredths {248.50) feet to a point on the northern line of Humer Drive, being the place of BEGINNING. BEING LOT NO. 3 on the Plan of Lots of Williard C. Humer and Ethel V. Humer, his wife, prepared by Er* nest J. Waker, Registered Engineer, and approved by the Silver Spring Township Board of Supervisors and plarming Commission July 28, 1971, and recorded in the office of the Recorder of Deeds in and for Cum berland County Pennsylvania, in pLAN Book , page pREMISES BEING KNOWN AS 5 HUMER DRIVE, MECHANICS- BURG, PA 17055. TAX pARCEL #38-13-0985-077. Vesting Information: Vested by Deed, dated 12-21-72, given by Wlllard C. l-Iumer and Ethel v. Humer, his wife to Willard C. mcr, Jr. and Lorraine Humer, his