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HomeMy WebLinkAbout05-5833PHELAN HALLMAN & SCHMIEG. LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 CIVIL DIVISION Plaintiff TERM V. p / NO. DS -SQ 33 ??c>rl CUMBERLAND COUNTY TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENBURG, PA 17257 Defendant 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 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION 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, PA 17013 (800)990-9108 File 4: 122013 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. File #: 122013 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/30/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HOME FINANCE OF AMERICA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1622, Page: 1060. By Assignment of Mortgage recorded 08/19/2002 the mortgage was Assigned To FEDERAL NATIONAL MORTGAGE ASSOCIATION which Assignment is recorded in Mortgage Book No. 689, Page 2278. 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 05/01/2005 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 #: 122013 6. The following amounts are due on the mortgage: Principal Balance $127,018.09 Interest 6,469.08 04/01/2005 through 11/08/2005 (Per Diem $29.14) Attorney's Fees 1,250.00 Cumulative Late Charges 525.99 06/30/2000 to 11/08/2005 Cost of Suit and Title Search 550.00 Subtotal $ 135,813.16 Escrow Credit 0.00 Deficit 916.80 Subtotal 916.80 TOTAL $ 136,729.96 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. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 136,729.96, together with interest from 11/08/2005 at the rate of $29.14 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. PHELAN HALLINAN & SCH MIIEGj?, LLP vim l? By: /s/cis S. in'Tan'/' LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4 : 122013 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Independence Drive at corner of Lot D12 on the hereinafter referred to plan of lots; thence by said Lot D12, South 38 degrees 24 minutes 45 seconds West 152.39 feet to a concrete monument at other lands of the Grantors herein; thence by said other lands of the Grantor herein, North 62 degrees 25 minutes 25 seconds West 95.65 feet to a concrete monument; thence by the same, North 13 degrees 31 minutes 30 seconds West 47.66 feet to a point at corner of Lot D10 on said plan of lots; thence by said Lot D10, North 55 degrees 57 minutes 6 seconds East 161.27 feet to a point on the Southerly side of Independence Drive; thence with the Southerly side of Independence Drive, on a curve to the left having a radius of 275 feet, a chord bearing of South 42 degrees 49 minutes 4 seconds East and a chord length of 83.85 feet to a point, the place of beginning, containing 18,238 square feet. BEING Lot DI I on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled'Land Subdivision for Rine Estates, Phases 1 and II,' and recorded in Cumberland County, Pa., Plan Book 77, Page 64. PROPERTY BEING: 16 INDEPENDENCE DRIVE File: 122013 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ! ! - ` mot- < 7 1 1! I . Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: C Q p iq C Lrl l? \(ui t? l/ 1} ^n C? ? J [`• is SHERIFF'S RETURN - REGULAR CASE NO: 2005-05833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS JUMPER TANJA A WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TANJA A the DEFENDANT , at 1905:00 HOURS, on the 30th day of November , 2005 at 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 by handing to TANJA A JUMPER 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 19.20 Affidavit .00 Surcharge 10.00 .00 47.20 Sworn and Subscribed to before w me this y ` day of nn , ,.76775' /i A, D. So Answers: R. Thomas Kline 12/01/2005 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff rot homy PHELAN, HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Attorney for Plaintiff Ste. 1400 Philadelphia, PA 19104-1814 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION TANJA A. JUMPER No. 05-5833 CIVIL TERM SLI G TION OF R CORD -HAN RF• CORRECTION OF DFF NDANT'S ADDR RS Daniel G. Schmieg, Esquire, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the defendant's address was erroneously listed in the caption as: 16 INDEPENDENCE DRIVE, SHIPPENBURG, PA 17257 Kindly change the information on the docket to read as follows: 16 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257 Date: January 6, 2006 IA Daniel G. Schmieg, Es i Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. 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 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. TANJA A. JUMPER Defendant(s). CIVIL DIVISION NO. 05-5833 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TANJA A. JUMPER, 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 $136,729.96 Interest from 11/09/05 to 01/06/06 $11,719_26 TOTAL $138,449.22 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. DANIEL G. SCHMIEG, UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 0?2L' DATE: PRO ROTHY PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (25) 563-7000 WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION CUMBERLAND COUNTY TANJA A. JUMPER Defendants :NO. 05-5833 CIVIL TERM TO: TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENBURG, PA 17257 DATE OF NOTICE: DECEMBER 22, 2005 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 TO 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 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 MAY BE 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, V. TANJA A. JUMPER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5833 CIVIL TERM 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 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 TANJA A. JUMPER is over 18 years of age and resides at, 16 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 'i? DANIEL G. SCHMIEG, ESq?y Attorney for Plaintiff w c? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. TANJA A. JUMPER Defendant(s). CIVIL DIVISION NO. 05-5833 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on L zooL . By: If you have any questions concerning this matter, please contact: / DANIEL G. SCHMIEG, UIRE 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 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. TANJA A. JUMPER Defendant(s). No. 05-5833 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $138,449.22 Interest from 01106/06 to JUNE 07, 2006 $3,459.52 and Costs (per diem -$22.76) Additional Fees $2,207.00 TOTAL $144,115.74 DANIEL G. SCHMIEG, ESQW One Penn Center at Suburb ation 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. w? 0 ? wr z ow ? Uz ? o? z W ? rxia F CA ? 9 a a y d H z 0 U w O oa G, U a d 7 VJ d L w 0 y N W r a ? U z ? Cd ,, a z o Z 0. ro w ¢' LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Independence Drive at comer of Lot D12 on the hereinafter referred to plan of lots; thence by said Lot D12, South 38 degrees 24 minutes 45 seconds West 152.39 feet to a concrete monument at other lands of the Grantors herein; thence by said other lands of the Grantor herein, North 52 degrees 25 minutes 25 seconds West 95.65 feet to a concrete monument; thence by the same, North 13 degrees 31 minutes 30 seconds West 47.66 feet to a point at corner of Lot D 10 on said 57 minutes 6 seconds East 161.27 feet to a point on the Southerly side of Independence Drive; thence with the Southerly side of Independence Drive, on a curve to the left having a radius of 275 feet, a chord bearing of South 42 degrees 49 minutes 4 seconds East and a chord length of 83.85 feet to a point, the place of beginning, containing 18,238 square feet. BEING Lot DI I on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled `Land Subdivision for Rine Estates, Phases I and II,' and recorded in Cumberland County, Pa., Plan Book 77, Page 64. TITLE TO SAID PREMISES IS VESTED IN Tanja A. Jumper, single, by Deed from J. Gary Rine and Virginia B. Rine, his wife, and Damn G. Rine and Loretta L. Rine, his wife, dated 6-19-00, recorded 7-3-00 in Deed Book 224, page 687. Being Parcel # 39-37-2092-079 PHELAN HALLINAN & SCHMIEG, L.L.P. 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 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. TANJA A. JUMPER CIVIL DIVISION NO. 05-5833 CIVIL TERM 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: O 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. DANIEL G. SCHMIEG, S UIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. 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 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. TANJA A. JUMPER CIVIL DIVISION NO. 05-5833 CIVIL TERM 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: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, S UIRE Attorney for Plaintiff TF- ?? t n r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-5833 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK F.A. Plaintiff (s) From TANJA A. JUMPER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt 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$138,449.22 L.L.$.50 Interest from 116/06 to June 7, 2006 (per diem - $22.76) $3,459.52 and costs Arty's Comm % Arty Paid $126.70 Plaintiff Paid Date: January 18, 2006 (Seal) Due Prothy $1.00 Other Costs$2,207.00 Prothonotary By Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 62205 M r WASHINGTON MUTUAL BANK, F.A. V. TANJA A. JUMPER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, Defendant(s). NO. 05-5833 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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 ,16 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name TANJA A. JUMPER Last Known Address (if address cannot be reasonably ascertained, please indicate) 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 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 W 4. Name and address of last recorded holder of every mortgage of record: Name KEYHOLE FINANCIAL SERVICES Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 331 GLEN HEAD, NY 11545-0331 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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 unworn falsification to authorities. January 5, 2006 ' V DATE DANIEL G. SCHMIEG, UIRE Attorney for Plaintiff ?> '' o -„ ?' + ,- ,; _v ,... ,?., r WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. TANJA A. JUMPER Defendant(s). CUMBERLAND COUNTY No. 05-5833 CIVIL TERM January 5, 2006 TO: TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 "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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 16 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $138,449.22 obtained by WASHINGTON MUTUAL BANK, F.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: 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. 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.) rI YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the 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 Sheriffs 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 the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Independence Drive at corner of Lot D12 on the hereinafter referred to plan of lots; thence by said Lot D12, South 38 degrees 24 minutes 45 seconds West 152.39 feet to a concrete monument at other lands of the Grantors herein; thence by said other lands of the Grantor herein, North 52 degrees 25 minutes 25 seconds West 95.65 feet to a concrete monument; thence by the same, North 13 degrees 31 minutes 30 seconds West 47.66 feet to a point at corner of Lot DIO on said 57 minutes 6 seconds East 161.27 feet to a point on the Southerly side of Independence Drive; thence with the Southerly side of Independence Drive, on a curve to the left having a radius of 275 feet, a chord bearing of South 42 degrees 49 minutes 4 seconds East and a chord length of 83.85 feet to a point, the place of beginning, containing 18,238 square feet. BEING Lot D1 I on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled `Land Subdivision for Rine Estates, Phases I and II,' and recorded in Cumberland County, Pa., Plan Book 77, Page 64. TITLE TO SAID PREMISES IS VESTED IN Tanja A. Jumper, single, by Deed from J. Gary Rine and Virginia B. Rine, his wife, and Damn G. Rine and Loretta L. Rine, his wife, dated 6-19-00, recorded 7-3-00 in Deed Book 224, page 687. Being Parcel # 39-37-2092-079 C? r v _ -r? c_ -t - - ._ i 3? P r- Cp ='-- Fti? Fede?-n end Phelan in now Law Offices PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 191031814 SandmCoqpgr@fedyhe.co m Sandra Cooper Judgment Deparm eM Ext. 1258 Representing Lenders in Pennsylvania and New Jersey January 30, 2006 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY FAX: 717-240-6397 Re: WASHINGTON MUTUAL BAND F.A. v. TANJA A. JUMPER No. 05-5833 CIVIL TERM Premises: 16 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257 Dear Jody: Please STAY the Sheriffs Sale of the above referenced property, which is scheduled for June 7, 2007, The Defendant (s) filed a Chapter 13 Bankruptcy (No. 06-0007) on 1/20/06 . Very truly yours, SMC Sandra Cooper cc: WASHINGTON MUTUAL BANK Attention: FileNo. 8493593365 **Original writ returned to the Prothonotary's office on 2/15/06 / **Copy of writ and $1,500,00 check returned to Attorney Schmieg on 2/15/06 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASMNGTON MUTUAL BANK, F.A. Plaintiff, V. TANJA A. JUMPER Defendant(s). No. 45-5833 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/06/06 to DECEMBER 5, 2007 (per diem -$22.76) Add'l Costs TOTAL $138,449.22 $15,886.48 and Costs $2,418.50 $156,754.20 zon 118j DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE 'his 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. 122013 N N t`• r-+ A a ?v ti a cn d ? ?? U U ts• a? all t A-n i7b 3 do =??? ?t S WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS TANJA A. JUMPER CIVIL. DIVISION Defendant(s). NO. 05-5833 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK. F.A. , 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 .16 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 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) KEYHOLE FINANCIAL SERVICES PO BOX 331 GLEN HEAD, NY 11545-0331 e ' -1 .4 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. August 28, 2007 La . DATE DANIEL G. SCHMIEG, ESQUIRE Alffin?'Xj Attorney for Plaintiff ` m; ? ? ?? N . c?? -, , Q h PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. TANJA A. JUMPER : Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5833 CIVIL TERM 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: Q 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 unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?,. ? ? s ? f sue:;.. "'YJ ''" - t •; i",7 ?'? ?? r_,? ? ?rrti ?? '? ..? r ..c WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. TANJA A. JUMPER Defendant(s). CUMBERLAND COUNTY No. 05-5833 CIVIL TERM August 28, 2007 TO: TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 16 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $138,449.22 obtained by WASHINGTON MUTUAL BANK, F.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: 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. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the 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 Sheriffs 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 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Independence Drive at comer of Lot D12 on the hereinafter referred to plan of lots; thence by said Lot D 12, South 38 degrees 24 minutes 45 seconds West 152.39 feet to a concrete monument at other lands of the Grantors herein; thence by said other lands of the Grantor herein, North 52 degrees 25 minutes 25 seconds West 95.65 feet to a concrete monument; thence by the same, North 13 degrees 31 minutes 30 seconds West 47.66 feet to a point at corner of Lot D 10 on said 57 minutes 6 seconds East 161.27 feet to a point on the Southerly side of Independence Drive; thence with the Southerly side of Independence Drive, on a curve to the left having a radius of 275 feet, a chord bearing of South 42 degrees 49 minutes 4 seconds East and a chord length of 83.85 feet to a point, the place of beginning, containing 18,238 square feet. BEING Lot D 11 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled `Land Subdivision for Rine Estates, Phases I and II,' and recorded in Cumberland County, Pa., Plan Book 77, Page 64. TITLE TO SAID PREMISES IS VESTED IN TanjaA. Jumper, single, by Deed from J. Gary Rine and Virginia B. Rine, his wife, and Darrin G. Rine and Loretta L. Rine, his wife, dated 6-19-00, recorded 7-3-00 in Deed Book 224, page 687. Being Parcel # 39-37-2092-079 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5833 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From TANJA A. JUMPER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt 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 $138,449.22 L.L. Interest from 1/06/06 to 12/05/07 - (per diem - $22.76) - $15,886.48 and Costs Atty's Comm % Atty Paid $150.70 Plaintiff Paid Date: 8/29/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,418.50 C s R. Long, othono By. ?- Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Plaintiff vs. Tanja A. Jumper Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 05-5833 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 9, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on January 6, 2006 in the amount of $138,449.22. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 16 Independence Drive, Shippensburg, PA 17257 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 06-00077 on January 20, 2006. The Bankruptcy was dismissed by order of court dated July 18, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on December 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $124,932.51 Interest Through 12/05/07 14,065.38 Per Diem $28.67 Late Charges 1,233.13 Legal fees 1,250.00 Cost of Suit and Title 1,843.50 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 345.56 Mortgage Insurance NSF (Non-Sufficient Funds charge) 85.00 Suspense/Misc. Credits (2,283.69) Escrow Deficit 3,968.52 TOTAL $145,439.91 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff s attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 3, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "D". 11. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmiea. LLP Date: By: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Court of Common Pleas Plaintiff : Civil Division VS. Tanja A. Jumper : Cumberland County No. 05-5833 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 16 Independence Drive, Shippensburg, PA 17257. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Cor2. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping C, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. inan & Schmieg, LLP DATE: 110 1 (a Attorney for Plaintiff Esq PHELAN HALLINAN & SCHMIEG, LLP LAWYMNCE 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 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENBURG, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ©SS -S?-12 lot CUMBERLAND COUNTY Defendant N CIVIL ACTION - LAW r COMPLAINT IN MORTGAGE FORECLOSURE -r= `; ? C NOTICE! You have been sued in court. If you wish to defend against the claims set forth in th6_91,lowi% pages, you;must take action within twenty (20) days after this complaint and notice are serve entering a written appearance personally or by attorney and filing in writing with the court youaefeds6s or objections to the claims set forth against you. You are warned that if you fail to do so the case ma20 proceed without you and a judgment may be entered against you by the court without further notice or 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 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. X\6 bl ce'??h1 t d herd yat?vee? Ws h tcbe o?the ',tied' tx??? PN PNQ PN Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 m ? qN? P4 !?'NF??Np FT&R Py - File #: 122013 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. File #: 122013 I . Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/30/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HOME FINANCE OF AMERICA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1622, Page: 1060. By Assignment of Mortgage recorded 08/19/2002 the mortgage was Assigned To FEDERAL NATIONAL MORTGAGE ASSOCIATION which Assignment is recorded in Mortgage Book No. 689, Page 2278. 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 05/01/2005 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 #: 122013 6. The following amounts are due on the mortgage: Principal Balance $127,018.09 Interest 6,469.08 04/01/2005 through 11/08/2005 (Per Diem $29.14) Attorney's Fees 1,250.00 Cumulative Late Charges 525.99 06/30/2000 to 11/08/2005 Cost of Suit and Title Search 550.00 Subtotal $ 135,813.16 Escrow Credit 0.00 Deficit 916.80 Subtotal 916.80 TOTAL $ 136,729.96 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 136,729.96, together with interest from 11/08/2005 at the rate of $29.14 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. PHELAN HALLINAN & SCHMIEG, LLP K6r? rI BY: A cis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 122013 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Independence Drive at corner of Lot D12 on the hereinafter referred to plan of lots; thence by said Lot D12, South 38 degrees 24 minutes 45 seconds West 152.39 feet to a concrete monument at other lands of the Grantors herein; thence by said other lands of the Grantor herein, North 62 degrees 25 minutes 25 seconds West 95.65 feet to a concrete monument; thence by the same, North 13 degrees 31 minutes 30 seconds West 47:66 feet to a point at comer of Lot D10 on said plan of lots; thence by said Lot DIO, North 55 degrees 57 minutes 6 seconds East 161.27 feet to a point on the Southerly side of Independence Drive; thence with the Southerly side of Independence Drive, on a curve to the left having a radius of 275 feet, a chord bearing of South 42 degrees 49 minutes 4 seconds East and a chord length of 83.85 feet to a point, the place of beginning, containing 18,238 square feet. BEING Lot DI I on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled 'Land Subdivision for Rine Estates; Phases I and II,' and recorded in Cumberland County, Pa., Plan Book 77, Page 64. PROPERTY BEING: 16 INDEPENDENCE DRIVE File #: MOD VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: l 6 S PHELAN HALLINAN & SCHMIEG, L.L.P. 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 f2151 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, V. G TANJA A. JUMP r??,R Defendant(s). E BE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5833 CIVIL TERM - 0?r j • tM Zx J PRAECIPE FOR IN REM JUDGMENT FOR FAIL TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TANJA A. JUMPER, 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 $136,729.96 Interest from 1 wp/ 6/06 $1,719.26 TOTA $138,449.22 ? ??? COPS I hereby certify that (1) the addresses of the Plaintiff and Defendant(s 1jg knd (2) that notice has been given in accordance with Rule 237.1, copy attached. ,-?,-OJAI"- DANIEL G. SCHMIEG, r9VUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: G? P? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Tanja A Jumper Debtor(s) Chapter 13 Case No.: 1:06-bk-00077-MDF ORDER DISMISSING CASE Upon consideration of Trustee's Certificate of Default on the Stipulation settling Motion to Dismiss for Material Default, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the C'owt, 741 Uanrup', Judge (7DK) This document is electronically signed and filed on the same date. Dated: July 18, 2007 MDPA-DISMISUMPT REV 6/05 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire October 3, 2007 Representing Lenders in Pennsylvania and New Jersey Tanja A. Jumper 16 Independence Drive Shippensburg, PA 17257 RE: Washington Mutual Bank, F.A. vs. Tanja A. Jumper Premises Address: 16 Independence Drive, Shippensburg, PA 17257 Cumberland County CCP, No. 05-5833 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, October 8, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ('e tru yo Michele M. Brad squire For Phelan Hallinan & Schmieg, LLP Enclosure o ro "z r? N a? a 7y H A b ? o m? ?o b? N b 0 w 'vImt m yay?n2' wf°?ma cn EE5 o' °= 6m ?n o o N OO d 00 (R y?R?a N N ? O A R Lk..;fvy17 ?j n 3 y c • ?^ 5' ?. B 9 » 53 . ? o• ?. ? A A S A ? M ? x 3 y ? o•? N n g U d w•? P n ti to p w N C o 00 v 'p W N .-. 0 r? ?, coo A ?' ? rD y C7 ,ti ?s a &OD N N z O W f c? a' cN r a ?n >.0 = Y a ? QTY fA ??-z A 00 (D A la a n a. r (D b b r-L C7 0 ? ?J. ?. ..y o° ,?• fD y ? a N J S t? f a• ? P? ?T tip • 4. ? O? ? I 7 AEI PITNEY B 02 1M $ 01 . 1 007 0004218010 OCT 03 MAILED FROM ZIP CODE 191 10 03 3 ego VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: N, q I a B Ph an M.ichle Mforquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. VS. Tanja A. Jumper Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 05-5833 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Tanja A. Jumper 16 Independence Drive Shippensburg, PA 17257 DATE: l ©I" ? 9 g, LP Mee P 1. UlAraddMford, sq i Attorney for Plaintiff n ?' ca r711 f l r ?" r r?'y-') 13 C `i -< DST 1! ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Washington Mutual Bank, F.A. Plaintiff vs. Tanja A. Jumper Defendant RULE AND NOW, this /L Court of Common Pleas : Civil Division : Cumberland County : No. 05-5833 CIVIL TERM day of Grh w 2007, a Rule is entered upon. the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ZD c&7 J 7 S?u+ • • Rule Returnable ain Courtr ania. B T E COURT J. Nlichele A Bradford, Esquire helan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ,fedphe.com m ichele.bradfordCci) /nia A. Jumper 16 Independence Dr Shippensburg, PA 1' Tel: (717)532-6262 A I ;q N ~r;?J 9 1 :01 WV L 1 130 LODZ A id `u-1'. w cf ?Hl AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) TANJA A. JUMPER SERVE TANJA A. JUMPER AT 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 SERVED CUMBERLAND COUNTY No. 05-5833 CIVIL TERM ACCT. #122013 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 Served and made known to TA NT A A - TO-PH 'p6*- , Defendant, on the g? day of r: PTENitW005, at 5-'30,o'clock f .m., at 1( °rNbE P1rN pmc E DRl UE,?`?'s}?pP?NS?U KCr Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. T?5bje24 X41 LE Adult family member with whom Defendant(s) reside(s). Name and Relationship is D Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3D? Height yl (r Weight a0O Race M/ Sex M Other I, ?ZD Nth Al Q L L -,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this W day of 200 Notary: 1 A 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. A ii 1 ?- S E: A L NOT SERVED ® "a A ph J. Sarccy - Not,1r/ F'ubl?c r;o?se, On the P iQNE ;;a, Pe 'a ''?}" a, County 200,, at O'clock l.m., Defendant NOT FOUND because: Y6, zu1i MY C04dP',41'SPiitKS fu's: Move Unknown No Answer Vacant 1"t Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of _ , 200-. Notary: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 -?,G !9a C"? ?_ ?- t? - -s ??Cr'?`" C'? ? ri? ? ? ? ^?? .l "S' a _31 .. ? ,?" I PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. vs. Tanja A. Jumper Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 05-5833 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 12, 2007 was sent to the following individual on the date indicated below. Tanj a A. Jumper 16 Independence Drive Shippensburg, PA 17257 DATE: e all' an hmieg, LLP y: Michele M. Br d , Esquire Attorney for Plaintiff ... .'" n '4.J fri r ''` SALE DATE: DECEMBER 5.2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. No.: 05-5833 CIVIL TERM VS. TANJA A. JUMPER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 16 INDEPENDENCE DRIVE. SHIPPENSBURG. PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQU Attorney for Plaintiff October 24, 2007 ? ,?f q All Si Z 0 l 6 6 3000 d1Z WOa3 0311VW Looz 6Zonv oLos 4Zbooo 09v'ZO t W6 Zo sannos n3N? G Nbci S30y5 d w ? > H ? Q U w O N CD ? o tea' °? N A c ? a H w CIO a ? ? o o O Z O w? y? ? ? w 43 E~ w 3 O O a a? x p w 0 o U a w 9 C7 0 ?% w m o?°o ,a > a? N v? U d U W 00 dt5 0 q ?cq O 0 C4 Z o T ? a v i s H Q N o N 7 a U Q G O coi (D V U Z ec O CO? o .? w a ? o a z U m a z d ? E r. N M d V? Z 'd 0 9 ° lr a 0 O ?Q Wa ,s .o Nx U ? a? b H E? a 00 0 ? Occ ? ?a Aa 10 M 0 w ..a M M O W a w W U Q a O ,lg u A' a 'FOOj u N A ??oo Gera n Cy a o ??go u b ? ? m ego Owh'C^ ? ? l0 F M v C v o, v vin •5 H v+ aG M m N S a ? W a ?a U ww AQ a W o? d o? F• H x O T 9 C ,,::, c PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Plaintiff VS. Tanja A. Jumper Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County : No. 05-5833 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE Washington Mutual Bank, F.A., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 11, 2007. 3. A Rule was entered by the Court on or about October 16, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 22, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 12, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP 11 1316-4- Date ich le MJBra d Esquire Att orney for the Pl 'tiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Plaintiff VS. Tanja A. Jumper Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 05-5833 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 11, 2007. A Rule was entered by the Court on or about October 16, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 22, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 12, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PH L N & SCHMIEG, LLP 3 Date Mich e ra f d, squire Attorney for the Pl ' iff Exhibit "A" DCT13 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Washington Mutual Bank, F.A. Plaintiff VS. Tanja A. Jumper Defendant : Court of Common Pleas : Civil Division, : Cumberland County : No. 05-5833 CIVIL TERM j, RULE AND NOW, this 1 day of 4j-2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 1) /) /du - Rule at in BY THE URT, JAL J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordO,,fedphe.com Tanja A. Jumper 16 Independence Drive Shippensburg, PA 17257 Tel: (717)532-6262 122013 Exhibit "B" C N C? o Z d tll..r; tV S 1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 O1 (')l r%'% c41 27nn _. G 1 Washington Mutual Bank, F.A. vs. Tanja A. Jumper ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-5833 CIVIL TERM Defendant CERTIFICATIF SERVICE I hereby certify that a true and Tpr` f our Motion to Reassess Damages noting a Rule Return date of November,Z; as sent to the following individual on the date indicated below. Tanj a A. Jumper 16 Independence Drive Shippensburg, PA 17257 LLP DATE: -14 ichele M. B , Esquire ^° Attorney for Plaintiff -- r VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn-falsification of authorities. 1130 d d, squire Date c le M. kinYi Attorney for f PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Plaintiff VS. Tanja A. Jumper Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division : Cumberland County : No. 05-5833 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Tanj a A. Jumper 16 Independence Drive Shippensburg, PA 17257 Phelan Hal?qan & Sc - I g, LLP DATE: fi By: Attorney for Plainti ?n cn `:) a Cn • </ NOV 162001&t/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Plaintiff vs. Tanja A. Jumper Defendants Court of Common Pleas : Civil Division : Cumberland County : No. 05-5833 CIVIL TERM ORDER AND NOW, this z i' day of A r6". , , 2007, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the writ of execution nunc pro tunc as follows: Principal Balance $124,932.51 Interest Through 12/05/07 14,065.38 Per Diem $28.67 Late Charges 1,233.13 Legal fees 1,250.00 Cost of Suit and Title 1,843.50 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 345.56 Mortgage Ins. NSF (Non-Sufficient Funds charge) 85.00 G' g ?? NV',Pi lA 1NIN Did p /W ¢4 rk . 7i T no 81=Z Wd I Z AON LODZ AdViO JOH iClo'd 3H i. 30 3E-:10-031Id Suspense/Misc. Credits (2,283.69) Escrow Deficit 3.968.52 TOTAL $145,439.91 Plus interest from 12/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE C URT: ,X. /? J. _,,dichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele bradford2a fedphe.com Tanja A. Jumper 16 Independence Drive Shippensburg, PA 17257 122013 Washington Mutual Bank, F.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Tanja A. Jumper Writ No. 2005-5833 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 18, 200 at 1325 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tanja A. Jumper, by making known to Tanj a Jumper personally, at 16 Independence Drive, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1152 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tanja A. Jumper located at 16 Independence Drive, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas line, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Tanja A. Jumper by regular ail to her last known address of 16 Independence Drive, Shippensburg, PA 17257. This letter tas mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED Per letter of request from Attorney Daniel Schmieg. Sheriffs Co Docketing Poundage Posting Bill Advertising Mileage Levy Surcharge Postpone S Law Journ, Patriot Nev Share of Bi So R. Thomas Kline, S BY Real 30.00 17.16 15.00 15.00 2.00 36.48 15.00 20.00 40.00 355.00 314.69 14.92 $875.25 a(Jj ?Yl ') -3/0'V, q ?. UU L 3619 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS TANJA A. JUMPER CIVIL DIVISION I Defendant(s). NO. 05-5833 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK F.A., 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 informatibn concerning the real property located at,16 INDEPENDENCE DRIVE, SHIPPENSBURG,I PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name TANJA A. JUMPEtt Last Known Address (if address cannot be reasonably ascertained, please indicate) 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 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 f last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEYHOLE FINAN IAL SERVICES PO BOX 331 GLEN HEAD, 11 Y 11545-U331 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 addr ss of every other person who has any record interest in the property and whose interest may be of cted by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and addre?s 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 TenanVOccupant Domestic Relations, of Cumberland County Commonwealth of ennsylvania Department of Welfare COMMONWEAL' BUREAU OF IND] INHERITANCE T ATTN: JOHN MU OF PENNSYLVANIA DUAL TAX DIVISION INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 16 INDEPENDENCE DRIVE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6' FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13' FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or inform ion 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. August 28, 2007 DATE L . DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WASHINGTON 7TUAL BANK, F.A. Plaintiff, V. TANJA A. JUMPER Defendant(s). CUMBERLAND COUNTY No. 05-5833 CIVIL TERM August 28, 2007 TO: TANJA A. JUMPER 16 INDEPENDENCE DRIVE SHIPPENSSBURG, PA 17257 "THIS FI IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE SED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND T IS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COL ECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house real estate) at, 16 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $138,449.22 obtain d by WASHINGTON MUTUAL BANK, F.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: 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: 15 563-7000. 2. You ay be able to stop the sale by filing a petition asking the Court to strike or open the judgm nt, if the judgment was improperly entered. You may also ask the Court to postpo a the sale for good cause. 3. You m y 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 sopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriff s 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 sae 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. =iaybe entitled to a share of the money which was paid for your house. A schedule of distributiom ney 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 (1 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 thel sale. YOU SHOULD T THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTIPE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a e resentative of the plaintiff at the Sheriffs 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 17413 (717) 249-3166 LEGAL DESCRIPTION ALL the follow' g described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEG=re G at point on the southerly side of Independence Drive at corner of Lot D12 on the hereinaftred t plan of lots; thence by said Lot D12, South 38 degrees 24 minutes 45 seconds West 152.39 fe to a concrete monument at other lands of the Grantors herein; thence by said other lands of the Grantor herein, North 52 degrees 25 minutes 25 seconds West 95.65 feet to a concrete monument; the ce by the same, North 13 degrees 31 minutes 30 seconds West 47.66 feet to a point at corner of Lot 10 on said 57 minutes 6 seconds East 161.27 feet to a point on the Southerly side of Indepe dence Drive; thence with the Southerly side of Independence Drive, on a curve to the left having a radius of 275 feet, a chord bearing of South 42 degrees 49 minutes 4 seconds East and a chord length of 83.85 feet to a point, the place of beginning, containing 18,238 square feet. BEING Lot Dl 1 on subdi ision plan prepared by Carl D. Bert dated June 26, 1998, entitled `Land Subdivision for Rine Esta es, Phases I and II,' and recorded in Cumberland County, Pa., Plan Book 77, Page 64. TITLE TO SAID PREMISES IS VESTED IN Tanja A. Jumper, single, by Deed from J. Gary Rine and Virginia B. Rine, his wife, and Damn G. Rine and Loretta L. Rine, his wife, dated 6-19-00, recorded 7-3-00 in Deed B ok 224, page 687. Being Parcel # 39-37-2092}079 I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-5833 Civil COUNTY OF CUBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From TANJA . JUMPER (1) You are direc ed to levy upon the property of the defendant (s)and to sell SEE LEGAL (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 g4mishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to for 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 $138. Interest from 1/06 Atty's Comm % Atty Paid $150.70 Plaintiff Paid Date: 8/29/07 (Seal) REQUESTING PARTY: Name DANIEL G. CHMIEG, ESQUIRE Address: PHELANHALLINAN & SCHMIEG, LLP ONE PF 1617 JO PHILAI Attorney for: PLA Telephone: 215-54 Supreme Court ID .22 L.L. to 12/05/07 - (per diem - $22.76) - $15,886.48 and Costs V CENTER AT SUBURBAN STATION J F. KENNEDY BLVD., SUITE 1400 LPHIA, PA 19103-1814 I TIFF 7000 o.62205 Due Prothy $2.00 Other Costs $2,418.50 kis R. Long, Prothon By: Depu •,J Q Real Estate Sale # 66 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 16 Independence Drive, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 By. Real Esta Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF COUNTY OF Lisa Marie State aforesaid, beil Journal, a legal peri was established Jan periodical for the pi issued weekly in th exactly the same as Journal on the follo viz: VANIA : ss. :oyne, Esquire, Editor of the Cumberland Law Journal, of the County and duly sworn, according to law, deposes and says that the Cumberland Law dical published in the Borough of Carlisle in the County and State aforesaid, ary 2, 1952, and designated by the local courts as the official legal )lication of all legal notices, and has, since January 2, 1952, been regularly said County, and that the printed notice or publication attached hereto is ?as printed in the regular editions and issues of the said Cumberland Law ,ing dates, 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legs 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. Coyne, Editor SWORN-TO AND SUBSCRIBED before me this day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RZAL ZRTATE MLE NO. 66 Writ No. 2005-5833 Civil Washington Mutual Bank, F.A. vs. Tanja A. Jumper Atty.: Daniel Schmieg DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situ- ate in Southampton Township, Cum- berland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Independence Drive at corner of Lot D12 on the herein- after referred to plan of lots; thence by said Lot D12, South 38 degrees 24 minutes 45 seconds West 152.39 feet to a concrete monument at other lands of the Grantors herein; thence by said other lands of the Grantor herein, North 52 degrees 25 minutes 25 seconds West 95.65 feet to a concrete monument; thence by the same, North 13 degrees 31 min- utes 30 seconds West 47.66 feet to a point at corner of Lot DIO on said 57 minutes 6 seconds East 161.27 feet to a point on the Southerly side of Independence Drive; thence with the Southerly side of Independence Drive, on a curve to the left having a radius of 275 feet, a chord bear- ing of South 42 degrees 49 minutes 4 seconds East and a chord length of 83.85 feet to a point, the place of beginning, containing 18,238 square feet. BEING Lot D11 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled `Land Sub- division for Rine Estates, Phases I and II,' and recorded in Cumberland County, Pa., Plan Book 77, Page 64. TITLE TO SAID PREMISES IS VESTED IN Tanja A. Jumper, single, by Deed from J. Gary Rine and Vir- ginia B. Rine, his wife, and Darrin G. Rine and Loretta L. Rine, his wife, dated 6-19-00, recorded 7-3-00 in Deed Book 224, page 687. Being Parcel # 39-37-2092-079. The Patriot-News Co. . 812 Market St. A Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Patr10tAVX(W5 thr Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant C ntroller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, ith its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, St,p to of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulationrinted and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunda Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publish d ever since; That the printed notice or ublication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro edition which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of aid 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 kno ledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. of resaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directo s 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. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 Sworn to a sub ribed before this 30 day of November, 2007 A.D. Nota Public COMMONWEALTH OF PENNSYLVANIA Nahft Seat James L. Clark. Notary Public City Of HamsbLq, t7auolin Cou* My Commission E)tres June 2, 2008 Member, Pennsylvania Association of Notaries 10/31/07 11/07107 Real Estate Sale No. Be Wit No. 2005-5833 Civil Term Wasl bVIon Mutual Bank, F.A. VS 'MJe A. Jumper Atty. Daniel Schmieg DESCRIPTION ALL the following described real estate, together with improvements theroon erected, lying and being situate in Southampton Township, Cumbedand County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the soudwly side of Independence Drive at comer of Lot D12 on the hminAer rd'ared to plan of lots; thence by said Lot D12, Souk 38 degrees 24 minutes 45 seconds West 152.39 feet to a concrete monument at other lands of the Grantors herein; thence by said other lands of the Grantor herein, North 52 degrees 25 minutes 25 seconds West 95.65 feet to a concrete monument; thence by the same, North 13 degrees 31 minutes 30 seconds West 47.66 fed to a point at comer of Lot DI0 on said 57 minutes 6 seconds East 161.27 fed to a point on the Southerly side of Independence Drive; thence with the Southerly side of Independence Drive, on a curve to the left having a radius of 275 feet, a cbw&bearing of South 42 degrees 49 minutes 4 seconds Fast and a chord knglh of 83.85 fed to a point, the place of beginning, containing 18,238 square feet BEING, Lot DI1 on subdivision plan prepared by Carl D. Bat dated June 26, 1998, entitled `Land Subdivision for Rine Estates, Phases I and IL' and recorded in Cumberland County, Pa., Plan Book 77, Page 64. TMF TO SAID PREMISES IS VESTED IN Tanja A. Jumper, single, by Dad from J. Gary Rine and Virginia B. Rine, his wife, and Damn G. Rine and Loretta L Rice, his wife, dated 6- 19-00, tworded 7-3-M in Deed Book 224, page 687. Being Parcel # 39-37-2092.079