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HomeMy WebLinkAbout04-5753 FEDERMAN PHELAN, LLP 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 A TIORNEY FOR PLAINTIFF SFN-2003-1, LLC 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No.Dl./ - ~~SJ Ci(J~L'-r~ CUMBERLAND COUNTY v. NATHAN L. MUSSER, SR LINDA L. MUSSER 6789 CARLISLE PIKE MECHANICSBURG, PAl 7050 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: ]00511 File #: 100511 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1, Plaintiff is SFN-2003-1, LLC 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: NATHAN L. MUSSER, SR LINDA L. MUSSER 6789 CARLISLE PIKE MECHANICSBURG, P A 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/24/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHASE MANHATTAN MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1549, Page: 380. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: lOGS I I 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2003 through 11/15/2004 (Per Diem $11.59) Attorney's Fees Cumulative Late Charges OS/24/1999 to 11/15/2004 Cost of Suit and Title Search Subtotal $101,207.24 4,068.09 1,250.00 146.30 $ 550.00 $ 107,221.63 Escrow Credit Deficit Subtotal 0.00 1,343J7 $ 1,343J7 TOTAL $ 108,564.80 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10, This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 108,564.80, together with interest from 11/15/2004 at the rate of$I1.59 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. FE~ANPHEL~~ By: .~'fi:iallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100511 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the buildings and improvements thereon erected situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Trindle Road, at corner ofland now or formerly of the Trindle Springs Evangelical Lutheran Church, formerly of Edna R. Sweger; thence along the center of said Trindle Road, South 70 degrees 30 minutes West, a distance of 100 feet to a point at corner; thence along land now or formerly of John R Coover, North 18 degrees 30 minutes West, a distance of 241.2 feet, more or less, to a point of land now or formerly of the Trindle Springs Evangelical Lutheran Church, formerly of Edna R. Sweger; thence along line of said land, North 70 degrees 30 minutes East, a distance of 100 feet to an iron pin at corner of land now or formerly of the Trindle Springs Evangelical Lutheran Church; thence along the line of the same, South 18 degrees 30 minutes, a distance of 241.2 feet to a point in the center of said Trindle Road, the place of BEGINNING. BEING NO. 906 WEST TRINDLE ROAD File #: ]00511 VERIFICATION Yolanda Wiliams hereby states that he/she is VP Loan Documentation of Wells Fargo Bank,Na mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhis&er 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 unsworn falsification to authorities. /1Ji/iL~ c.nda Williams e President Loan )ocumentation DATE: /~* ?c) ~ X\ f .0 t; ~ ~ (") r-,) e (' ., c.."') 0 C, ~ ',. -",- -Tl ~ -~ :-:1 ..ti.... ~ Jv C_.:) fi, :II ~ ~ ....,..::;: N r ':/~' -",:11 -.J (.n ~:jCJ , , ( {h J -T::, ^ ;- -, r I ."".. "..~~G r', ) " r I) ,"'; . ; __-I r-..,) r>. ~ ',-, Ul ....< FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SFJV-2003-1, LLC 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-5753 CIVIL NATHAN L. MUSSER, SR. LINDA L. MUSSER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against NATHAN L. MUSSER, SR. and LINDA L. MUSSER, 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 11/16/04 to 1/18/05 TOTAL $108,564.80 $ 74\.76 $190,306.56 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. /; DANIEL G. SCHMIEG, ESQ E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ h ') ~D 2C>O---S- I PHELAN HALLINAN & SCHMIEG, LLP By; Lawrence T. Phelan, Esq" Id, No. 32227 Francis S. Hallinan, Esq" Id. No, 62695 Daniel G. Schmieg, Esq" Id. No. 62205 Philadelphia, PA 19103 (71 <;) <;6,-7000 A TIORNEY FOR PLAINTIFF SFN-2003-I, LLC ; COURT OF COMMON PLEAS Plaintiff ; CIVIL DIVISION Vs. ; CUMBERLAND COUNTY NATHAN L MUSSER, SR LINDA L MUSSER ; NO, 04-5753 CNIL TERM Defendants TO: NATHAN L, MUSSER, SR 133 OLD STONEHOUSE ROAD CARLISLE, PA 17013 DATE OF NOTICE: DRCFMRRR 29.2004 TIllS FIRM IS A DEBT COLLECfOR ATIEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE-IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 " ^ . . . " , , ., ~..1, ~." '" ,. o~ ?J1/bh(~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR ,. . CASE NO: 2004-05753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SFJV-2003-1 LLC VS MUSSER NATHAN L SR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUSSER LINDA L the DEFENDANT , at 1025:00 HOURS, on the 8th day of December, 2004 at DELTA DENTAL 1 DELTA DRIVE MECHANICSBURG, PA 17050 by handing to LINDA MUSSER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Additional Comments DEFENDANT LIVES AT 6789 CARLISLE PIKE MECHANICSBURG, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 .00 .00 10,00 .00 16.00 R. Thomas Kline -:;~:;:.::;T' ""..//jf' ,...r'.....,.;:./~ ..rl~~. '. 12/09/2004 FEDERMAN & Sworn and Subscribed to before By: me this day of A.D, Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 200~-u5753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SFJV-2003-1 LLC VS MUSSER NATHAN L SR ET AL CPL, TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUSSER NATHAN L SR the DEFENDANT , at 2123:00 HOURS, on the 8th day of December, 2004 at 133 OLD STONEHOUSE ROAD ~OUTH CARLISLE, PA 17013 by handing to NATHAN L MUSSER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 4.44 ,00 10,00 ,00 20.44 ~--:P'"C:~~ ~~ 7"'0';:',-_"'''''''', . '" .r "'~"',r;'.~-.;::5' ,> ?<;.~.~ ' , R. Thomas Kline me this day of 12/09/2004 FEDERMAN & PHELAN By :; ~~1) 1f:t- DeP~y Sherif Sworn and Subscribed to before A,D, Prothonotary FEDERMAN PHELAN, LLP . By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SFJV-2003-1, LLC 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-5753 CIVIL NATHAN L. MUSSER, SR. LINDA L. MUSSER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, 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 ofthe 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 NATHAN L. MUSSER, SR. is over 18 years of age and resides at , 133 OLD STONEHOUSE ROAD, CARLISLE, PA 17013. (c) that defendant LINDA L. MUSSER is over 18 years of age, and resides at , 133 OLD STONEHOUSE ROAD, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LA ANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot ot" grou.nd with the buildings and improvements thereon erected situates in the Township of Silver Spring, Couoly of Cumberland, and Stale of Pennsylvania. bQunded and described as follows, to wit: 800INNI NO IlL a point in the cemer Iioe of Trindle Road, at corner of lawioow or fonnerly of tbe Trindle SpriDgl; Evangelical Lutheran Church. formerly of EdIla R. Sweger; lhcnce along the (:enter of said Tdlldle Road, Soutlt 70 d,(lgrees 30 millUteS West, a distance of 100 feet to a point at comer, Ibcnce along land now or fotmerIy of John H, Coover. Nonh 18 degrees 30 minutes West, a dislance of 241.2 feet. me>re or less. to a point of land oow or formerly of the Trindle Springs E.vangelical Lutheran Clmrcll. furmerty of Edna R. Sweger; thence along 1l1le of !lllid land, North 70 de@l"ees 30 minutes East, a distance of 100 feet to an iron pin at comer of land now QI" formedy of the Trindle Springs EvangeUcal Lutbelllu Church; thence along the llJle of the same, Soulf1 18 degrees 30 minutCll, a disla/lCe of 241,2 feet to a point in the cetltef of said Trindle Road, the place of beginning. HAVING lhereoo erected a two slOry masonry b-Iol:k dwelling koown and numbered as 906 West Trindlc Road. Tax Parcel #38.23-0569.001 906 WEST TRINDLE ROAD MECHANICSBURG, P A 17055 ~1fi ~ h - 8 B ~ ~ w ~ Il.J G-., -<J r ~ - r-D ~ ~ ~ C) r-,_.J r,; B~ c;:~ :-: :~ :<t--': [ll f'..' -r'. C) C) C) ('''.,j (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SFJV-2003-1, LLC 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-5753 CIVIL NATHAN L. MUSSER, SR. LINDA L. MUSSER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ... !::u) ')(\ 20N': ,,--By: Arh~'P,~ DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 HTHIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TlON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFlRMED, 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SFJV-2003-1, LLC Plaintiff, v. No. 04-5753 CIVIL NATHAN L. MUSSER, SR. LINDA L. MUSSER Defendant(s), TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $190,306.56 Interest from 1/18/05 to JUNE 8, 2005 (per diem -$17.97) $ lfI9/05-6/8/05 and Costs TOTAL $111,840.33 /I ~' <./ __ Yt::: ~ DANIEL G. SCHMIEG, ESQ 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, ........ ...... ~~ t'""t'"" ...... .;t.;t ~~ ~~ ~... ~~ 1,)1,) .;t ~ ~~ ~~ ~~ .;t .... ~.,.. ~ ~~ 'i ~~ ~ c ~~ ~~ \:P ~ ~'" ~'a z~ ~~ ,~ '" ~e, ~ " o~ I,) ~'" \>o<,s ,~ ~z .P ~ $>. ~o ?O \~ ",'" o~ p. ~ ~i ~a '0 ~~ e ~ ,;, ~. ""' '" g ~ (::.e 'i) I,)Z '" .... ~~ ~ ~~ ~ ....;t ~t! e So P- oI,) ~~ s ........ " ~ :t, ........ ~ ~~ ~~ ~i ...... ~~ ~ 1-'" ""'-' :.r. e: if, ~~ Z I,) 'B ~ .i:;j ~ " ~ ~~ ~ ~ I'-< ~I,) C0 C,,-) ::J<<:) ~ G '::J '0 <J<-:r: () -< Cj CJ Vl j ~..:.. <J vi 0:.. r:. _ <"61t r-6 \I) . Il \ 0- rl vi ~ s~ <:J0 IV) a . ~~ <;r r1 % ~ -!)' <:l :r t ~2. --' ,...., .-1-- . ah - p:l -- ~J (J ci (), Q- u,' _<0.. "t4rl) ~ ':::: -- - - - ':~) ,~....l ':: ':: - - f::: - - - ------ LEGAL DESCRIPTION ALL THAT CERTAIN lot of grooM wim tile buildings and improvements lhercon erected situates in the Township of Silver S(l<"ing. ConOly of Cumberland. and State of Pell1lS)'lvania. bounded and described as follows. to wic BEGiNNING at a poiOl in the eeRier line of Trindle Road, at comer of IancIIlOW or fonnerly of the Trindle Springs Evangelical Lutheran Church, formerly of Edna R. Sweger; thence along the <:t!lIter of said TrindJe Road. Soulll 70 degrees 30 minutes West, a distance of \ QO feet 10 3 point. al CllInlll". thellce along lancloow or fonnerly of John H, Coover. NOI1h 18 degl1lll8 30 minutes Wc:l>1. a dislance of 241.2 feet, more or less. 10 a point of land llQW or formerly of me Trindle Springs Evangelical Lutheran Churcll. formerly of Edna R. Sweger; thence along IiI1e of said land, North 70 degree!! 30 minutes East, a distance of 100 feel to an iron pin at comer of land now ()l' formedy of the Trindle Springs EvangeUcaI Luthe[lltl Church; thence along the line of me same, South IS degrees 30 minutes. a diSUlDCe of 241.2 feet to a point in the cenlel' of said Trindle Road. the place of beginning. F1A VlNa thereon erel,.'ted a two story DlllSOnry block dwelling known and numberM. as 906 West Trilldle Road. Tax Parcel #38-23.0569-001 906 WEST TRINDLE ROAD MECHANICS BURG, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SF JV -2003-1, LLC Plaintiff (s) NO 04-5753 Civil CIVIL ACTION - LAW From NATHAN L, MUSSER, SR, AND LINDA L. MUSSER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $190,306.56 L.L. $.50 Interest FROM 1/18/05 TO 6/8/05 (PER DIEM - $17.97) Atty's Comm % Atty Paid $205.28 PlaintitTPaid Date: JANUARY 20, 2005 Due Prothy $1,00 Other Costs (Seal) CURTIS R. LONG Prothon~ry n~ ~: Rd,O-?,o L <<,.ad r------ - Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN CENTER 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPffiA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SFJV-2003-1, LLC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION NATHAN L. MUSSER, SR. LINDA L. MUSSER NO. 04-5753 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (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 unsworn falsification to authorities. ~~~{~RE Attorney for Plaintiff (,) --i~i ~ :.:;1 'f"',) c' :~ r '7.;; C.,") (,0..,; SFJV-2003-1, LLC CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS NATHAN L. MUSSER, SR. LINDA L. MUSSER CIVIL DIVISION NO. 04-5753 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SFJV-2003-1, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the foJlowing information concerning the real property located at ,906 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 . I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NATHAN L. MUSSER, SR. 133 OLD STONEHOUSE ROAD CARLISLE, PA 17013 LINDA L. MUSSER 133 OLD STONEHOUSE ROAD CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, N.A. 2730 LIBERTY AVENUE PITTSBURGH, P A 15222 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 carmot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address carmot be reasonably ascertained, please indicate) Tenant/Occupant 906 WEST TRINDLE ROAD MECHANICSBURG, P A 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 l8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. -'--J January 18. 2005 DATE ..i: ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff '-- ~'-".' ,'''', ~:; :..-1 ~}!., ;::::;-, j--' c;. (. ~~ t,....> - ---- SFJV-2003-I, LLC CUMBERLAND COUNTY Plaintiff, v. No, 04-5753 CIVIL NATHAN L. MUSSER, SR. LINDA L. MUSSER Defendant(s). January 18, 2005 TO: NATHAN L. MUSSER, SR. 133 OLD STONEHOUSE ROAD CARLISLE, P A 17013 LINDA L. MUSSER 133 OLD STONEHOUSE ROAD CARLISLE, P A 17013 **THlS 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 , 906 WEST TRINDLE ROAD. MECHANICSBURG, P A 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 8. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $190.306.56 obtained by SFJV-2003-I. LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelJed 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 calJ: (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. Ifthe 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. rfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground willllhe buildil1l1,S and ill1proVOOlcnts thereon ell:cted situllle6 in tile Townsbip of Silver S!,,"ing. County of Cumberland. and State of Pennsylvania. buunded and described as follows, to wit: BEGINNING 3t a point in the cenler line of Trindle Road, at oorner of land now or fonnerly of the TriOOk Springs Evangelical Lutheran Church. formerly of Edllll R. Sweger; tllenee along the center of said TrilIdle Road. Sourlt 70 degrees 30 mill\ltes West. adislance oflOO feer to a point at comer, r1tcncc along land now or formerly of John H. Coover. Norm 18 degrees 30 minntes West, a dislance of 241.2 feet. ml>l'e or less. to it point of land DQW or formerly of the Trindle Springs Evangelical Lulheran Churcll. formerty of Edna R. Sweger; thence along line of said land, North 10 degrees 30 minutes East. a distance of 100 feet to au iron pin at comer of land OOW ()f formerly of the Trindle Sflrings Evangelical Lutheran Cbure"; thence along the line of the sanle, Soulll 18 degrees 30 minutes, a distance of 241. 2 f~t to a poinl in the center of said Teindle Road. the place of beg~, f1A VJNG Ihe~1ln erecled a IWO story masonry blo.:k dwelling known aoo numbered as 906 West Trindle Road. Tax Partel #38.23,0569-001 906 WEST TRINDLE ROAD MECHANICSBVRG, PA 17055 (-) .. r-,,:: '-::_~ :~;-1 '--4 T ri'j ':""1 ~- r-.-, C.) (:5 C.J (,,) PHELAN HALLINAN & SCHMIEG By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION SFJV-2003-l, LLC CUMBERLAND COUNTY vs. No.: 04-5753 CNIL NATHAN L. MUSSER, SR. LINDA L. MUSSER 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 Defendants by certified mail and regular mail to Defendants last known address. I, 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, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from 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. [J~~ NIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO, 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY SFJV-2003-l, LLC No.: 04-5753 CNIL vs, NATHAN L. MUSSER, SR. LINDA L. MUSSER 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 Sheriff's 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. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976), An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom ofInformation 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, voter 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 Defendants 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 Defendants last known address. Respectfully submitted: D4~ DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF SFJV-2003-1, LLC PJT No. 04-5753 CIVIL DEFENDANT(S) NATHAN L. MUSSER, SR. LINDA L. MUSSER ACCT. #1175002027 906 WEST TRINDL :.\0 MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 8, 2005 SERVED , Defendant, on the day of Served and made known to ,200_, at , o'clock _>m., at Defendant personally served. Adult family member with whom Defendant(s) residers). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place ofIodging in which Defendant(s) residers), Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'. company. f::')(HIBIr 4 f , Commonwealth of Pennsylvania, in the manner q.,scribed below: Other: Description: Age_ Height_ Weight_ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of , 200~, Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. (e~vu.. <t< f NOT SERVED On the 7 fl day of ~C?.;J. <2 ,200"i;at j:fC: o'clock -f..m., Defendant NOT FOUND because: Moved Unknown No Answer +- Vacant I sl Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and sUr.r~ed before me this day of ~ '"~, '200~5: Notary: / Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 By: ~ NOTARIAl. SEAl. LUClliE. "11 C.' cor" ,.=p....._ M . ..~' d, it ' l.IWI; wt/erl(e,,:1,Y TVI'm,,;'". Fru,' Countv My ('omm;e::~5_ No'/. 10, 2Cot - AFFIDAVIT OF SERVICE PLAINTIFF SFJV-2003-1, LLC CUMBERLAND COUNTY PJT No. 04-5753 CIVIL DEFENDANT(S) NATHAN L. MUSSER, SR. LINDA L. MUSSER ACCT. #1175002027 906 WEST TRIND MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 8, 2005 SERVED Served and made known to , Defendant, on the day of ,200_, ,o'clock _,m., at , Commonwealth at of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s), Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place 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, EXHJBtr A Other: Description: Age_ Height_ Weight_ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that] personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE A TTEMPT SERVICE AT LEAST 3 TIMES. INDICA TE DATES & TIMES OF SERVICE ATTEMPTED. On the q ~'daYOf ~b.r""v,Y NOT SERVED , 200.S,' at C; j Jl"'c o'clock -f-..m., Defendant NOT FOUND because: Moved Unknown No Answer ~ Vacant 2nd Attempt: / / Time: 1 st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this -'l:!f!!.day ~o~t;;::,;~o:~~ /, By:(!Lf c//J~ r;) Attor~~i-';;;(y ~ Daniel G. Schmieg, Esquire - .D. No. 62205 NOTARIAl SEAl. ~l~91~ t/,cr,ryrr. = PubIc LN'.'(.".'."'; .'"'-' F''''"'n~ ,'....', ,," ,,'I /0.." [ f? '. :;: ,,". ;,:: ";~:if.;:; r..:ov. 10 2CG .." ',,' "~,-.><'.,,:~~ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF SFJV-2003-1, LLC PJT No. 04-5753 CIVIL DEFENDANT(S) NATHAN L, MUSSER, SR. LINDA L, MUSSER ACCT. #1175002027 AT 133 OLD STONEHOUSE ROAD CARLISLE, PA 17013 Type of Action - Notice of Sherifrs Sale Sale Date: JUNE 8, 2005 SERVED Served and made known to , Defendant. on the day of .200_, at " o'clock _,m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) residers). Name and 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) residers). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~" Other: Description: Age~ Height ~ Weight~ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _. day of ,200_. Notary: By: PLEASE A TTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the IrS'JhdaYOf hbV"v'~'1 I Moved __ Unknown 4 No Answer ,2oo,5,ai 8: 3 ~'c\ock "fro., Defendant NOT FOUND because: Vacant 8:30 ;:;2 / /2/ 0-5Time: ;;;l"'^""- ~ }'t Attempt: ;;Z 1 / 1 O~Time: 9: ;? Y f vv 2nd Attempt: 3rdAttempt: ;;l.. 113 1C>~Time: g :'17 f<J---< /I Jt~f- ~b;/o,j- 5; 1-;-("" Sworn to and subscribl'd before me this I t1 Al3!X-- of hl.,.,v -(-----:100 Q. No{ary~ ~. Attornev for Plaintiff C Daniel G. Schmieg, Esquire - 1.0. No, 62205 /d//J BY:LJi~ clafd- NOTARIAL SEAL LIiCIlLE H. CARTY. NoIlIIy PubIc LtltI8IUnnY TO'I.'llSIIlp, FIII1kIIn ColIIly My ~ Expi8lI Nov. 10.2007 AFFIDAVIT OF SERVICE PLAINTIFF SFJV-2003-1, LLC CUMBERLAND COUNTY PJT No. 04-5753 CIVIL DEFENDANT(S) NATHAN L. MUSSER, SR. LINDA L. MUSSER ACCT. #1175002027 133 OLD CARLISLE, PA 17013 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 8, 2005 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock ~.rn., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served, Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. -.. ....,;..a Manager/Clerk of place of lodging in which Defendant(s) reside(s). .. Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height_ Weight_ Race Sex Other 1, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ~ day of ,200___. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICA TE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the /8 r!4 day of k bv" ~"'/ , 200 S:-at 8; 3 ~'c1ock P.m., Defendant NOT FOUND because: ( -r' Moved __ Unknown ~ No Answer Vacant I" Attempt: ;L./ 9/ OSTime: ~::5 / ,;2 / /3/ ?'5Time: J? :47 r "'1 2nd Attempt: ~ / 1:< /06 Time: 6 f~ 1ft 41!e-~ff- c?f5/0 S- . /J/' y;~ ) !J/ (& f(}l BYuJu-u[/~ U :30 :;Iv, 3rd Attempt: Sworn to and subscril),cd bdY!iFe this jg rBid. ~ of -No 0-; ',1002. No ~ '1Jj.;;C Attornev for Plaintiff ~Q Daniel G. Schmieg, Esquire - 1.0. No. 62205 NOTARIAlSEAl. WCIlLE H. CARTY, =-. PublIc ~~Nov.1~ SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: Attorney Finn: Subject: 24-574 PHELAN HALLINAN & SCHMIEG, LLP Nathan L. Musser & Linda L. Musser ~rB Current Address: 906 West Trindle Road Mechanicsburg PA 17055 Property Address: 906 West Trindle Road Mechanicsburg PA 17055 Mailing Address: 906 West Trindle Road Mechanicsburg PA 17055 I, Scott Nulty, being duly sworu according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Nathan L. Musser - 168-52-0468 Linda L. Musser - 196-48-6936 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment infonnation. Nathan L. Musser - not available Linda L. Musser - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Nathan L. Musser & Linda L. Musser reside(s) at 906 West Trindle Road Mechanicsburg PA 17055. 11. INQUIRY OF TELEPHONE COMPANY A, DIRECTORY ASSlSTANCE SEARCH On 3/1/2005 our office contacted directory assistance which indicated that Nathan L. Musser & Linda L. Musser reside(s) at: 906 West Trindle Road Mechanicsburg PA 17055, Our office made a telephone call to the mortgagor's phone number and received the following infonnation: 717-796-0585; recorded message. INQUIRY OF NEIGHBORS On 3/1/2005 our office contacted R. Barrick 135 West Trindle Road; spoke with male who confirmed address; they were able to verify that Nathan L. Musser & Linda L. Musser reside(s) at: 906 West Trindle Road Mechanicsburg PA 17055. Ill. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 3/1/2005 we reviewed the National Address database and found the following information, Nathan L. Musser & Linda L. Musser - 906 West Trindle Road Mechanicsburg PA 17055 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: No addresses on file. IV. DRIVING LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Nathan L. Musser & Linda L. Musser. V. OTHER INQUIRIES A, DEATH RECORDS As of3/1/2005 Vital Records and all public databases have no death record on file for Nathan L. Musser & Linda L. Musser. " COUNTY VOTER REGISTRA nON The Dauphin County Voter registration was unable to confirm a registration for Nathan L. Musser & Linda 1.. Musser residing at: last registered address. C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) Our office conducted a search for public licenses and found the following: No records on file. VI. ADDITIONAL INFORMATION ON SUBJECT A. e~~~ ~F ~~~~~_ 1960 EXHIfi 8 Linda L. Musser - 1960 B. AKA, None * All accessible public databases have been checked and cross-referenced for the above- named individual(s), .Please be advised all database information indicates the subjects reside at the current add ress. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. e.S. See, 4904 relating to unsworn falsification to authorities. 1 hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Scott Nulty SKN Data Research Inc., P esident 74{ 2:2 L Sworn to an subscribed to me this~~ day of 'U'1 /._ ~ 2005 ~I ~/4~~a~ It' /(7/ 1)- OT RY P SUC NoIariaI Seal Margaret E. Nulty. NotaIy Public East Goshen Twp.. Che6ler County My Commisskln Expires Dec. 19. 2005 Member, Pen1lS)1vanla Associa!on 01 Nolan.s The above information is obtained from available public records; and we are only liable for the cost of the affidavit. VERIFICATION DANIEL G. SCHMIEG, 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 THE 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. 12~ DANIEL G. SCHMIE ,ESQUIRE ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION SFJV-2003-1, LLC CUMBERLAND COUNTY vs. No.: 04-5753 CIVIL NATHAN L. MUSSER, SR. LINDA L. MUSSER 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 March 22, 2005, NATHAN L. MUSSER, SR. 133 OLD STONEHOUSE ROAD CARLISLE, PA 17013 LINDA L. MUSSER 133 OLD STONEHOUSE ROAD CARLISLE,PA 17013 j)iia, , DANIEL G, S HMlE't'kSQUIRE Attorney for Plaintiff Date: March 22, 2005 (') ~"'-' lJ:.~)..,; [i;.: 't Z, ~~ ....- """ C". /. ",:: ~, C""-" C::.l <,~ ::Yo >>- ;>.J N W o 'TI '-1 :::: 'T! n1p:; 1'-'1 "..--:. :1::'..,- ;-i_~\i~ ?":" , t...} \..-' - SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05753 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SFJV-2003-1 LLC VS MUSSER NATHAN L SR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MUSSER NATHAN L SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MUSSER NATHAN L SR 6789 CARLISLE PIKE MECHANICSBURG, PA 17055 DEFENDANT LIVES AT 133 OLD STONEHOUSE ROAD SOUTH CARLISLE, PA 17013 Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 5.92 5.00 10.00 .00 38.92 So answers: // ..~...,.. /", ,_ ,_....-? ,~ ~:~~::~~ , ~?'5::e~'-~=-----~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 12/09/2004 Sworn and subscribed to before me ..L-" &~ day of ~1 7 this d..u--o'f A.D. C~ Q dYtAJP~ Pr~t onotary I ~'I SHERIFF'S RETURN - NOT FOUND ... CASE NO: 2004-05753 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SFJV-2003-1 LLC VS MUSSER NATHAN L SR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MUSSER LINDA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MUSSER LINDA L 906 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 DEFENDANT LIVES AT 6789 CARLISLE PIKE MECHANICSBURG. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 5.92 5.00 10.00 .00 26.92 So answers: _---:? -' ~~....... //"~~~~s Kline Sheriff of Cumberland County FEDERMAN & PHELAN 12/09/2004 Sworn and subscribed to before me this day of Y"'Jh) ;2t7J~ A.D. ~I~Q ~Jj)~~ ~ Pro otary I &e SHERIFF'S RETURN - NOT FOUND .. CASE NO: 2004-05753 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SFJV-2003-1 LLC VS MUSSER NATHAN L SR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MUSSER NATHAN L SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MUSSER NATHAN L SR 906 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 DEFENDANT LIVES AT 133 OLD STONEHOUSE RD SOUTH CARLISLE, PA 17013 Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers :..,..,<7 ) ..__-----./,/? .// ;::.~::,,:c:;:'<::__'., ....'._:~;::,=:>.._'_'" "/fi!i~~~~ .. R . Thoma s i,ne.. Sheriff of Cumberland County FEDERMAN & PHELAN 12/09/2004 Sworn and subscribed to before me . tv 9 {, L day of ~A ~I/ this ;Lo-o$' A.D. ~-<" 0 ~-P~<~ /1 +-i} Pro 0 otary SHERIFF'S RETURN - REGULAR ... CASE NO: 2004-05753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SFJV-2003-1 LLC VS MUSSER NATHAN L SR ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUSSER NATHAN L SR the DEFENDANT , at 2123:00 HOURS, on the 8th day of December, 2004 at 133 OLD STONEHOUSE ROAD SOUTH CARLISLE, PA 17013 by handing to NATHAN L MUSSER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 4.44 .00 10.00 .00 20.44 --=.,,-C2~ ~ ,...". ~:~?'~.d-<, r~ R. Thomas Kline Sworn and Subscribed to before me this t, e. day of C)~ ~tYO:f/ A.D. ~ c2 ~/h A dM.C; rothonotary r~' 12/09/2004 FEDER: & ~.~ lit if . Dep y Sherif SHERIFFIS RETURN - REGULAR CASE NO: 2004-05753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SFJV-2003-1 LLC VS MUSSER NATHAN L SR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUSSER LINDA L the DEFENDANT , at 1025:00 HOURS, on the 8th day of December, 2004 at DELTA DENTAL 1 DELTA DRIVE MECHANICSBURG, PA 17050 by handing to LINDA MUSSER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT LIVES AT 6789 CARLISLE PIKE MECHANICSBURG. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 '.'.'--"j ,.,(,." -:;;t'-~:;~:,i,;:.:, , /.,,{( -"-.,r..",." uP "'" ." --- .P'*'p''''''- ~'7l ~ R. Thomas Kline 12/09/2004 FEDERMAN & Sworn and Subscribed to before By: me this <.: ~ day of /'1 J ! . ~ y~ ;2dV.5 A.D. ~4;thao~;~ 1 MAR 2 8 2005 {' PHELAN HALLINAN & SCHMIEG By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO, 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SFJV-2003-l, LLC NATHAN L. MUSSER, SR, LINDA L. MUSSER ATTORNEY FOR PLAINTIFF~ COURT OF COMMON PLEA CNIL DIVISION I I CUMBERLAND COUNTY i I I \ vs, No.: 04-5753 CNIL ORDER AND NOW, this ~I~ay of M~, 20rJ. upon consideratidn ofPlai tiffs , Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby 0 ERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defend NATHAN L. MUSSER, SR. and LINDA L. MUSSER, by mailing a true and correct c py of the Notice of Sale by certified mail and regular mail to Defendants last known a~dress. Service of the aforementioned mailings is effective upon the date of wailing an is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Alffidavit 0 servIce, J ! ~" l'i. 9 S :8 l~~\f ./ ! \ S ~!'Jli SQul AU,,/i ,.:) ,...... ~'...... PHELAN HALLINAN & SCHMIEG BY: DANlELG. SCHMIEG IDENTIFICA nON NO. 62205 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF SFJV-2003-1, LLC vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NATHAN L. MUSSER, SR. LINDA L. MUSSER NO. 04-5753 CIVIL VFRlFTC'ATTON I hereby certifY that a true and correct copy of the Notice ofSherifi's Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following persons NATHAN L. MUSSER, SR. AND LINDA L. MUSSER on 4L4LJlS. at 133 OLD STONEHOUSE ROAD SOUTH, CARLISLE, PA 17013 & 6789 CARLISLE PIKE, MECHANICSBURG, PA 17050, in accordance with the Order of Court dated, 1110/()~ The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsificaton to authorities. D L G. SCHMIEG, ESQUIRE TTORNEY FOR PLAINTIFF DATE: April 11, 2005 '7 MAR 28 Z005( .-pHELAN HALLINAN & SCHMIEG By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION SFN-2003-1, LLC CUMBERLAND COUNTY VS. No.: 04-5753 CIVIL NATHANL. MUSSER, SR. LINDA L. MUSSER ORDER AND NOW, this 51~ay of mJ., 20rj, 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 Defendants, NATHAN L. MUSSER, SR. and LINDA L. MUSSER, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendants last known address. 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. //. -"-~') "y~ 1. .~ ,',' ~<:, tC:kG: , - ,. 71bO 3901 9646 6137 2412 71bO 3901 9646 6135 5309 TO: Li ()j).+ L.. ,m4~>K 133 OLD STONEHOUSE ROAD SOUTH CARLISLE, P A 17013 SENDER: TO: LINDA L. MUSSER 6789 CARLISLE PIKE MECHANICSBURG, P A 17050 TEAM2 SPL REFERENCE: MUSSER PS Form 3800, June 2000 RETURN Postage AECEIPT C ",. SERVICE ertl red Fee Fleturn Receipt Fee Restricted Deliva Total Postage &. Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail SENDER: TEAM2 SPL REFERENCE: MUSSER PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage PfOvjde~ Do Not Use for International Mall 71bO 3901 9646 6137 2405 TO: 71bO ~1 9646 6135 5293 TO: NATHAN L. MUSSER, SR. 133 OLD STONEHOUSE ROAD SOUTH CARLISLE, P A 17013 SENDER: NATHAN L.IJuSSER, SR. 6789 CARLISLE PIKE MECHANICSBVRG. P A 17050 SENDER: TEAM2SPL REFERENCE: MUSSER PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Toral Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage J3rovided Do Not Use for International Mail .----..n-__n._n__an_____ n'_n TEAM2 SPL REFERENCE: MUSSER PS Form 3800 June 2000 RETURN Poslage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POSTMA \ "" SOC? P - IJd~ }?l ~ /~~':-.' \~ ",-. \'</41 '" '<~!~~ Receipt for Certified Mail ::.t: '"' ;'~j~ , :,/ .'-;' A~.I ,',-/. _ ~"" <'<~O[i)1 ';\~>/ No Insurance Coverage Provided Do Not Use lor International Mail 1-::' C> 'j;:"~\ ~\' ,:-;' -- ...-:-" '-;'} '>- <-:: o -- .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SFJV-2003-1, LLC ) CIVIL ACTION ) vs, NATHAN 1. MUSSER, SR. LINDA 1. MUSSER ) CIVIL DIVISION ) NO, 04-5753 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL SCHMIEG, ESQUIRE attorney for SFJV-2003-1, LLC hereby verify that on Januarv 31, 2005 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 26. 2005 , SFJV-2003-1, LLC CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS NATHAN L. MUSSER, SR. LINDA L. MUSSER CIVIL DIVISION NO. 04-5753 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) SFJV-2003-1, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,906 WEST TRINDLE ROAD, MECHANICSBURG, PA 17055 . I, Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NATHAN L. MUSSER, SR. 133 OLD STONEHOUSE ROAD CARLISLE, PA 17013 LINDA L, MUSSER 133 OLD STONEHOUSE ROAD CARLISLE,PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, N.A. 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 906 WEST TRlNDLE ROAD MECHANICSBURG, P A 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. January 18, 2005 DATE ANIEL G, SCHMIEG, ESQ Attorney for Plaintiff .. -0"'; 9,~~ ~-9. .- .- .- .- r' o .. .- .- ~. " z V> "" c.> N - 0 "" "" -.l ~ V> "" c.> N - W","S t;::',:: " .. d '" ~3 " 0- Q..~t'I ~o "," '" '" ,< g., l> .. "'" ~ ~ 0 ~ n" to z. c 3 a .. ~ "'...; Z. ~ ~ ('l g ~.-O'" ~o. ~ z ';:1'C"-~m ~.~ \ . . ;::;-(ll'O i':t. ('l ~ . ",-.l,,; ~~ co ~ '" ~~'" t ~~ ~ ~ 7> -g:gs ::i ~ as., ~ 0"' r' g ~ ('l ~ <"",0 ~~ o ' '" ~ z ~ ~ ~~ft H " g ~ " )>(tl~l-'d C/l ?" l ~~\!'.~ gj '" ~ N ~ . jd -.l - , o~~~ v, ..., ~ ~ ~ ?S 0 "' wt;tj"'" C C/l ~ :- c" "" '" ooo'[l' ------ co 0 C') g 0 .-E- l' ~ ~ l'd ~ Z ~ ~ ,,,' ""'0 w~ ~ % . "'O~ifl .g'" '" ~ 7> "g ~ !?- ,P.. g. ~ -< ~ ~~ ..., .-J ~ ~ ~ o' ~~ ~ , ""ell'" "' ~ ? ' " . ~ '"' ~' z .- '(; (t % '?" ~ s .- !" d "" "" 0 " 0 ;;; '" ~ ~ ('l .. 0 H ::\ ?;, ~ < ~ ~- ~ .-J c:: ~ ~ ~ ~ .- '-' ",~~S";1 .;r: ~ .-J c.> 'gog,C"O (l ~ z {~~~~S '" 0 ; ::: sa;' ;>> .- ~ ~ "';3.~~ .- ('l trl i~-~ ;::.~ '-" ~ ':2~ ;" g g- ~ ~ t:;; ~ N 3 .-..,0 ~ N ~ ::'9-~;R ;.g-:6g~ 0 3' g 0 ~ ~ '" '" <:: ~'a,8o -. ;>> 0 ~ g_":;~ ~ a .- co -.l ~~ ~ "'~ 0 ~ ~ o ~ 0..::; V> ;;- (i' ~ g g.~ '-" ??, o _. g ~ o~ N ~ ';,s 3 ~ ,~ ~ ~ . w g -.l &Y" 1;; ~ J" ng?~F .?" 5..;:j\ ~ \ ('l Ci'S 9; *' ~ ~ j; trl ,,1 ;,g -9. ~\ ~ s *~' N C/l ~ S' V> ';:l. ~ o..C&-~" ~ :3 s:::;~ ~.i:l %~- '" .r {l' l'l g ;>> g'g~:; '" .- ..."", (l(l ;>> -.l ~ g..~'-'S' 0 ::r"~% - .- ,ggga ;:!.rn==' p.. g:><~~ t:;-...4> f>OS'r~ ~'Q ~? a' ~ g-;i =; ~,...,(I> IE ~~......>- -~ ~ .~ ~ 0-" ~~ ~ 3' ; I ~__ ~l~" BOoN\' g n <'>_ c: 021A $01.2 '(jg-;j,3 o g.. Vl S' 0004000011 JAN:01 2005 ~ n-p~ <J> _.0 ,,^,,\\.100 fRONl ZIP CODE 1910:0 g-a g=:. 7'S; -g.:! ~~ 'g "'-'g ~ ';i "" 3:.;;-,'" ~ ~ n' '" ~ ~ s g ,-') ~I ~-,,'.~ ~ -- ':-t_ -~, ;-'1 r.....) 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 SFJV-2003-l LLC is the grantee the same having been sold to said grantee on the 8th day of June AD., 2005, under and by virtue of a writ Execution issued on the 20th day of Jan, AD" 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2004 Number 5753, at the suit ofSFJV-2003-1 LLC against Nathan L Musser SR & Linda L is duly recorded in Sheriffs Deed Book No. 269, Page 3883, IN TESTIMONY WHEREOF, I have hereunto set my hand rd day of ,AD. ;;)oOr rder of Deeds of . CuInIleIlonIIQuty,CI!IIolI, M Mv ""'*" 1ho fhll<lllndilW al.....lIllIlI SFJV-2003-1, LLC VS Nathan L. Musser, Sr. and Linda L. Musser In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5753 Civil Term R, Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Nathan L. Musser Sr. and Linda L. Musser, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendants, Nathan L. Musser, Sr. and Linda L. Musser. Several attempts at service were made, but no one was home. Defendants were served by the plaintiff's attorney pursuant to order of court. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 9:17 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nathan L. Musser, Sf. and Linda L. Musser located at 906 West Trindle Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following marmer: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Nathan L. Musser, Sf. and Linda L. Musser, by regular mail to their last known address of 133 Old Stonehouse Road, Carlisle, P A 17013. These letters were mailed under the date of April 18, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for SFJV-2003-1 LLC. It being the highest bid and best price received for the same, SFJV -2003-1, LLC of 3476 Stateview Boulevard, Fort Mill, SC 29715, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$8l3.24. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 15.95 15,00 15.00 30.00 10.00 .50 1.00 13,32 6.91 Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 15.00 30.00 .74 251.45 297.40 16.47 25.00 39.50 813.24 Sworn and sUbscri~ to before me /~~~~ ~t: ./ / This foe day of ~'~ ' 1 ~e:~, , )" <,-Y-. Thomas Kline, Sheriff 2005,A.D.l 'dt 0 "JM,&" ~, ~ J ~ C . JA 1>r thonotary BY D _ ~ Real Esta Deputy ^c~,~ 3b "()V V,i) UL.!>b 4 '? (., Ik /(,f-f.j(. SFN-2003-1, LLC CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS NATHAN L. MUSSER, SR. LINDA L. MUSSER CIVIL DIVISION NO. 04-5153 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SFJV-2003-1, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,906 WEST TRlNDLE ROAD, MECHAN1CSBURG, PA 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NATHAN L. MUSSER, SR. 133 OLD STONEHOUSE ROAD CARLISLE, P A 17013 LINDA L. MUSSER 133 OLD STONEHOUSE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None "4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, N.A. 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 906 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. JanUary 18. 2005 DATE ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff SFJV-2003-l, LLC CUMBERLAND COUNTY Plaintiff, v. No. 04-5753 CIVIL NATHAN 1. MUSSER, SR. LINDA 1. MUSSER Defendant(s). January 18, 2005 TO: NATHAN L. MUSSER, SR. 133 OLD STONEHOUSE ROAD CARLISLE, P A 17013 LINDA L. MUSSER 133 OLD STONEHOUSE ROAD CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at , 906 WEST TRINDLE ROAD, MECHANICSBURG, P A 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $190,306.56 obtained by SFJV-2003-l, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale 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 right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of gronnd with the buildings and improvements lbereon erecled situates in the Township of Silver Spring. Counly of Cumberland. and Stale of Pennsylvania. bounded and described as follows, to wit: BBGINNING at a point in the center line of TrindIe Road, al corner of lalla now or formerly of lhe Trindle Springs Evangelical Lutheran Church. formerly of Edna R. Sweger; tl1ence along lite c<mler of said Trlndle Road, Soulll 70 degreas 30 minutes West. a distance Of 100 fttt to a point at corner,thence along land now or formerly of John H. Coover, North 18 degrees 30 minnles West, a dislance of 241.2 feel. more or less. 10 a point of land now or fonnerly of lite Trindle Springs Evangelica1l.uthenn Church. funnerly of Edna R. Swege:r; thence along line of SIlid land, North 70 degrees 30 minutes East. a distance of 100 feet to au iron pin at comer of land now Ol" formerly of lite Trindle Spriogs Evangelical Lulheron Church; thence along lite line of the same, Soulb IS degrees 30 minutes, a distJlnce of 241.2 feet to a poim in the center of Aid Trindle Road. lIle place of beginning, HA VJNG Iher('.on erected a two slory masonry block awelling Jr.oown and numbered as 906 Wesl Trindle Road. Tax Parcel #38-23-0569-001 906 WEST TRINDLE ROAD MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5753 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SFJV-2003-1, LLC Plaintiff (s) From NATHAN L. MUSSER, SR. AND LINDA L. MUSSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to artachment 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 $190,306.56 L.L. ~.50 Interest FROM 1118/05 TO 6/8/05 (PER DIEM - $17.97) Arty's Comm % Due Prothy $1.00 Arty Paid $205.28 Other Costs Plaintiff Paid Date: JANUARY 20, 2005 CURTIS R. LONG (Seal) Proth~ry ,-By: O~ P ~o?/'?/J7_.~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN CENTER 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Artorney for: PLAINTIFF Telephone: 2t5-563-7000 Supreme Court ID No. 62205 Alnda. G "B!Sg IBall ~Jf rp Ojl:Afl ~ooz '01 Amruqa,ol :aWG 'U!alaq palBlOdIo:>u! a:>ualaJal S!ql Aq puu l!lA\ S!ql ql!M pam "v" l!q!qxg uo paq!l:>sap AIIl1J alOW "alnqs:>!UBq:>aw 'pBOll alpu!lllsaA\. 906 SB palaqwnu pUB UMOU)l Vd 'Aluno:) puupaqwn:) 'd!qSUMOlllU!ldS laAI!S U! palBnl!S 4iadold IBal alJl U! lSalalU! S,lUBpuaJap alJl uodn pa!AaIJJ!laqs aql ~OOZ '01 A.iuru<P,ol uo 90# alBS alBlsg IBall L Z :Z d I Z NVr ~OOl Vd 'A1W1UJ [H1i :"J,,:Jfl:J .:l.:lIH3HS 3Hl .:103:11.:1.:10 ~ ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe 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, V!Z; April 15,22,29,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r2 SWORN TO AND SUBSCRIBED before me this 29 day of Avril NOT Al SEAL LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My CommiSSion Expkes Marcl15, 2009 REAL ESTATE IlALE NO. 6 Writ No. 2004-5753 Civil SFJV-2003-1. LLC VS. Nathan L. Musser, Sr. and Linda L. Musser Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the buildings and improve. ments thereon erected situates in the Township of Silver Spring. County of Cumberland. and State of Pennsylvania. bounded and de- scrtbed as follows. to wit: BEGINNING at a point In the cen- ter line of Tr1ndle Road. at comer of land now or formerly of the TrindJe Springs Evangelical Luther- an Church. formerly of Edna R Swe- ger: thence along the center of said Trlndle Road. South 70 degrees 30 minutes West, a distance of 100 feet to a point at corner, thence along land now or formerly of John H. Coover. North 18 degrees 30 min- utes West. a distance of 241.2 feet. more or less, to a point ofIand now or formerly of the Triodle SpI1ngs Evangelical Lutheran Church. for- merly of Edna R. Sweger: thence along line of said land, North 70 degrees 30 minutes East. a distance of 100 feet to an iron pin at comer of land now or formerly of the Trin- die Springs Evangelical Lutheran Church: thence along the hne of the same, South 18 degrees 30 min- utes, a distance of 241.2 feet to a point in the center of said Trindle Road, the place of beginning. HAVING thereon erected a two story masonry block dwelling known and numbered as 906 West Trindle Road. Tax Parcel #38-23-0569-00 I. 906 WEST TRINDLE ROAD. MECHANICSBURG. PA 17055. r--=-~~.... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Connnonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Connnonwealth 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 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscell eous Book "M", Volume 14, Page 317. COPY SALE #6 Sworn to and subsc . PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 297.40 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. B~...........__.............._.................................... ~ =.P REAl..l8'IMIlllALl! .... 01 .....11.... CIvIl..... 11'1'1 U ...." u.c v. .~~..... Ally: ~ SCIuIIllg ~ '. . \lie ..... of.said TIUodIr> RoOd, ~.70........ JO ......\\1<:II.._oflOOloot...poiIlal _,...........IIIId_O(iKIDllly..lo1u1 H. eoow.. _.18 degftles 30 ....... \\1<:11, . _oI241~f<ot._..losa.ln.poiDlof Iaud_O(iKIDlllyoltbo1lindl<SpiDgs E...p:.I ~ Cbun:h.ftmrdy oIEdoa R. Swcgor, ......aioOglineofsaidlaod,Norlb1U degftleslO_1!ast.._oflOOlootln anitoopillat_oflllldlll<W.._YoI tbo1iiDdl<SpiDp~~0mh; ...... ......tbo line=tbo .....,_ 18 degftlesl9_;a of2412.loot",. poiDliDtbo."",..._' Rood,tbo...... ..1IIlliIIiNING!... . m.:vJIlG..........-. ._ . twO stuty ~llbt ......11III ~ as. 'llJ(;' . ' .*~l. PIlOPIlIn'Y AllDtIEI$: !IlI6 _ 1DIaIo Road,~,JlA11b5S.