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HomeMy WebLinkAbout06-4540PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 138682 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. BERMAN 602 HUMMEL AVENUE LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 04 --4sgb CUMBERLAND COUNTY 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* 138682 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 k: 138682 1. 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: MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN 602 HUMMEL AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/12/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1888, Page: 3573. 4. 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 03/01/2006 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 #: 138682 6. The following amounts are due on the mortgage: Principal Balance $75,867.81 Interest 2,403.15 02/01/2006 through 08/04/2006 (Per Diem $12.99) Attorney's Fees 850.00 Cumulative Late Charges 94.75 11/17/2004 to 08/04/2006 Cost of Suit and Title Search 750.00 Subtotal $ 79,965.71 Escrow Credit -476.57 Deficit 0.00 Subtotal $- 476.57 TOTAL $ 79,489.14 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 $ 79,489.14, together with interest from 08/04/2006 at the rate of $12.99 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. PHE`.?/?ALLINAN & SCHMIE LP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #'. 138682 LEGAL DESCRIPTION All that certain parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, being known and described as follows: Beginning at a point in the SW corner of the intersection of Hummel Avenue with 6th Street; thence Westwardly along the Southern line of Hummel Avenue 19 feet 8 inches, more or less, to a point at or opposite the center of the partition wall dividing properties known as Nos. 602 and 604 Hummel Avenue; thence Southwardly, through the center of the partition wall dividing said properties and beyond 150 feet to Peach Alley; thence Eastwardly along the Northern line of Peach Alley 19 feet 8 inches, more or less, to Sixth Street; thence Northwardly along the Western line of Sixth Street, 150 feet to a point, the place of beginning. Being the Eastern portion of Lot No. 12, Section'D', in the Plan of Lots known as Plan No. 1, Riverton, PA.; said plan being recorded in the Office for the Recording of Deeds in and for the Cumberland County in Deed T, Vol. 4, page 40. Tax ID: 12-22-0824-155 PROPERTY BEING: 602 HUMMEL AVENUE File N: 138682 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 on 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 his 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 falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: rj , ttt c C r co N w O CV) SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04540 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS SHOWERS MICHAEL W ET AL R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SHOWERS MICHAEL W _ but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 602 HUMMEL AVENUE LEMOYNE, PA 17043 NOT SERVED , as to SHOWERS MICHAEL W SERVICE STOPPED PER JASON RICCO. Sheriff's Costs: So answers.-- Docketing 18.00 ' Service 2 6 . 4 0 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 54.40,/ PHELAN HALLINAN SCHMIEG ct/"/0(, 09/22/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04540 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS SHOWERS MICHAEL W ET AL R. Thomas Kline according to law, says, that the within named DEFENDANT SHOWERS SHERRI A AKA SHERRI unable to locate Her in his COMPLAINT - MORT FORE Sheriff , who being duly sworn he made a diligent search and inquiry for to wit. A HERMAN _ but was bailiwick. He therefore returns the the within named DEFENDANT HERMAN 602 HUMMEL AVENUE NOT SERVED , as to SHOWERS SHERRI A AKA SHERRI A LEMOYNE, PA 17043 SERVICE STOPPED PER JASON RICCO Sheriff's Costs: So answers --' Docketing 6.00 ?- ?r Service .00 ?r ?" ' Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00? PHELAN HALLINAN SCHMIEG 09/22/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04540 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS SHOWERS MICHAEL W ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: unable to locate Him in his bailiwick. COMPLAINT - MORT FORE the within named DEFENDANT but was He therefore returns the NOT SERVED , as to SHOWERS MICHAEL W 801 WALNUT STREET LEMOYNE, PA 17043 SERVICE STOPPED PER JASON RICCO Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 _ .00 16.00 So answers- .. , ....? `R. Thomas Kli e Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 09/22/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04540 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS SHOWERS MICHAEL W ET AL R. Thomas Kline according to law, says, that the within named DEFENDANT SHOWERS SHERRI A AKA SHERRI unable to locate Her in his COMPLAINT - MORT FORE Sheriff , who being duly sworn he made a diligent search and inquiry for to wit: k HERMAN but was bailiwick. He therefore returns the the within named DEFENDANT HERMAN 801 WALNUT STREET NOT SERVED , as to SHOWERS SHERRI A AKA SHERRI A LEMOYNE, PA 17013 SERVICE STOPPED PER JASON RICCO. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So answers: w R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/22/2006 Sworn and Subscribed to before me this day of , A. D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 138682 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN 602 HUMMEL AVENUE LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CND -- q .5t4t) CUMBERLAND COUNTY 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 We hereb, p truq TRUE COPY FROM RECORD In Tesdnn W whereof, I here undo set ON hid and the s of said C(st: at Car hk P& T File #: 138682 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 #: 138682 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: MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. BERMAN 602 HUMMEL AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/12/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1888, Page: 3573. 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 03/01/2006 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 #: 138682 6. The following amounts are due on the mortgage: Principal Balance $75,867.81 Interest 2,403.15 02/01/2006 through 08/04/2006 (Per Diem $12.99) Attorney's Fees 850.00 Cumulative Late Charges 94.75 11/17/2004 to 08/04/2006 Cost of Suit and Title Search 750.00 Subtotal $ 79,965.71 Escrow Credit -476.57 Deficit 0.00 Subtotal $- 476.57 TOTAL $ 79,489.14 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 $ 79,489.14, together with interest from 08/04/2006 at the rate of $12.99 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. PHELA? ALLINAN & SCHMIE LP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 138682 LEGAL DESCRIPTION All that certain parcel of land situate in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, being known and described as follows: Beginning at a point in the SW corner of the intersection of Hummel Avenue with 6th Street; thence Westwardly along the Southern line of Hummel Avenue 19 feet 8 inches, more or less, to a point at or opposite the center of the partition wall dividing properties known as Nos. 602 and 604 Hummel Avenue; thence Southwardly, through the center of the partition wall dividing said properties and beyond 150 feet to Peach Alley; thence Eastwardly along the Northern line of Peach Alley 19 feet 8 inches, more or less, to Sixth Street; thence Northwardly along the Western line of Sixth Street, 150 feet to a point, the place of beginning. Being the Eastern portion of Lot No. 12, Section 'D', in the Plan of Lots known as Plan No. 1, Riverton, PA.; said plan being recorded in the Office for the Recording of Deeds in and for the Cumberland County in Deed T, Vol. 4, page 40. Tax ID: 12-22-0824-155 PROPERTY BEING: 602 HUMMEL AVENUE File #: 138682 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 on 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 his 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 falsification to authorities. 9?) 1W-, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: _ `! a t i ? y t? J n #? 5 C, Cw u cl .. L'J PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 06-4540-CIVIL TERM PRAECIPE TO REINSTATE CIVII. ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: August 16, 2007 P AN HALLINAN & S G, LLP By: ` F CIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 138682 rc?-? `?tt g v ,r^y l V `T? C SHERIFF'S RETURN - REGULAR 'CASE NO: 2006-04540 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS SHOWERS MICHAEL W ET AL STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon SHOWERS MICHAEL W the DEFENDANT , at 0019:30 HOURS, on the 21st day of August_, 2007 at 602 HUMMEL AVE LEMOYNE, PA 17043 JOSHUA HARA (ADULT IN CHARGE) a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Affidavit .00 Surcharge 20.00 .00 53.36 Sworn and Subscibed to before me this day by handing to So Answers: R. Thomas Kline 08/29/2007 PHELAN, HALLINAN & SCHMIEG By: D putt' Sheriff of A. D. SHERIFF'S RETURN - REGULAR C)TSE NO: 2006-04540 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS SHOWERS MICHAEL W ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE SHOWERS SHERRI A AKA SHERRI A HERMAN DEFENDANT was served upon the at 0020:10 HOURS, on the 28th day of August , 2007 at 1229 BRIDGE ST NEW CUMBERLAND, PA 17070 by handing to SHERRI SHOWERS a true and attested copy of NOTICE together with REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answ Docketing 18.00 ' Service 32.64 Affidavit .00 Surcharge 20.00 R. Thomas Kline .00 gjb(.10.7 ? 70.64 08/29/2007 PHELAN, HALLINAN & SCHMIEG Sworn and Subscibed to By: before me this day De uty Sheriff of A.D. 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. KENNEDYIBLVD., SUITE 1400 PHILADELPHIA, PA 19f03-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 5324 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NO. 06-4540-CIVIL TERM MICHAEL W. SHOWERS 602 HUMMEL AVENUE LEMOYNE, PA 17043 SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN 1229 BRIDGE STREET NEW CUMBERLAND, )'A 17070 Defehdant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEL W. SHOWERS and SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 08/05/06 to 10/03/07 TOTAL $ 79,489.14 $5,520.75 $85,009.89 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. Li?n')c4, Lc6vo A \JYA-NIEL . S IE , ESQUIRf -7 Attorney for Plaintiff V1- J DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /D #/0'7 O PROTHY 138682 PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN Defendants TO: MICHAEL W. SHOWERS 602 HUMMEL AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: SEPTEMBER 18, 200'7 CUMBERLAND COUNTY NO. 06-4540 CIVIL TERM F ILE C ?Pi 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 A? ARANCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL HANK, F.A. : COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION CUMBERLAND COUNTY MICHAEL W. SHOWERS SHERRI A. SHOWERS :NO. 064540 CIVIL TERM A/K/A SHERRI A. HERMAN Defendants TO: SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN 1229 BRIDGE STREET . NEW CUMBERLAND, PA 17070 F I U' DC ATE OF NOTICE: SEPTgMBER 18.2007 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 y F NCIS S. HALL A , 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 9103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAI,'?TD AVENUE v. Plaintiff, MICHAEL W. SHOWERS SHERRI A. SHOWER$ A/K/A SHERRI A. HERMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4540-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 d fendant MICHAEL W. SHOWERS is over 18 years of age and resides at, 602 HUMMEL AVENUE, LEMOYNE, PA 17043. (c) that defendant SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN is over 18 years of age, and resides at, 1229 BRIDGE STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. &ANIEL G. HMIEG, ES a Attorney 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 9103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4540-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: (X) an PHA mortgage O nonI?owner occupied O vacant Q Act 91 procedures have been fulfilled This certification is ade subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "4apj POO ANIEL G. SC IEG, ESQU Attorney for Plaintiff AA- W O L (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 I v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4540-CIVIL TERM MICHAEL W. SHOWE S SHERRI A. SHOWER A/K/A SHERRI A. HERMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 00f. 4. 2007 . By' aae y If you have any questions concerning this matter, please contact: i Attorney for Plaintiff U ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DE T COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE US D FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TH S DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED T BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4540 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the deb, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From MICHAEL V. SHOWERS AND SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN (1) You are directed t? 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 n: amed 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 $85,009x89 L.L. $.50 Interest FROM 10/3/07 TO 3/5/08 (PER DIEM - $13.97) -- $2,151.38 Atty's Comm % Due Prothy $2.00 Atty Paid $332.40 Plaintiff Paid Date: OCTOBER 4, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCIfMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-700,0 Supreme Court ID No. 6,2205 Other Costs $2,608.50 1ieputy PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTAL BANK, F.A. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: P aintiff, v. No. 06-4540-CIVIL TERM MICHAEL W. SHOW ?RS SHERRI A. SHOWERA/K/A SHERRI A. HERMAN Def$ndant(s). Issue writ of execution in the above matter: Amount Due Interest from 10/03/07 to MARCH 5, 2008 (per diem -$13.97) Add'1 Costs TOTAL $85,009.89 $2,151.38 and Costs $ 2,608.50 $ 89,769.77 r One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, uite 1 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. 138682 0 r 0 r d a J M 1 W U J WW a w? W o ?w .x aW ° V OO OW ?' Orn ? ? w °N H ; " d ? °? o+czr? i 45 W '? w H ?' 3 _ X_ s t4, ?t x ? ? -a . a All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a paint in the southwest corner of the intersection of Hummel Avenue with Sixth Street; thence westwardly along the southern line of Hummel Avenue 19 feet 8 inches, more or less, to a point at or opposite the center of the partition wall dividing properties known as Nos. 602 and 604 Hummel Avenue'; thence southwardly, through the center of the partition wall dividing said properties and beyond 150 feet to Peach Alley; thence eastwardly along the northern line of Peach Alley 19 feet 8 inches, more or less, to Sixthl!Street; thence nouthwardly along the western line of Sixth Street, 1501,feet to a point, the place of BEGINNING. BEING the eastern portion of Lot No. 12, Section 'D', in the Plan of Lots known as Plan No. 1, Riverton, PA., said plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Deed Book 'J', Vol. 4, page 40. HAVING THEREON ERECTED a two and one-half (2 1/2) story semi-detached brick and frame dwelling known as No. 602 Hummel Avenue. BEING the same promises which James D. Hamacher and Nadine L. Plate, now known as Nadine L? Hamacher, his wife, by Deed dated September 26, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsyly ia, in Deed Book U-34, Page 427, granted and conveyed unto James D. Hamacher, Grantor herein. PARCEL IDENTIFICATION NO: 12-22-0824-155 Premises: 602 Hummel Avenue, Lemoyne, PA 17043 Lemoyne, Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Michael W. Showers and Sherri A. Showers, husband and wife, by Deed from James D. Hamacher, single man, dated 08/29/1996, recorded 08/30/1996, in Deed Book 145, page 2115. WASHINGTON MUTUAL BANK, F.A. v. Plaintiff, MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4540-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUT AL 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 ,602 HUMMEL AVENUE. LEMOYNE, PA 17043. 1. Name and address of IOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL W. SHOWERS 602 HUMMEL AVENUE LEMOYNE, PA 17043 SHERRI A. SHOWERS A/K/A SHERRI A. 1229 BRIDGE STREET HERMAN NEW CUMBERLAND, PA 17070 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 HOMESTEAD FUNDING CORP. BENEFICIAL COP COMPANY, D/B/A MORTGAGE CO. DISCOUNT PENNSYLVANIA 5. Name and address Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 very other person of whom the plaintiff has knowledge who has any interest in the property which may '?Ie affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Peni Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 602 HUMMEL AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the sta ments made in this affidavit are true and correct to the best of my personal knowledge or informatio and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S c. 4904 relating to unsworn falsification to authorities. October 3, 2007 DATE (AINIEL G. 5CHMIEG, ESQU Last Known Address (if address cannot be reasonably ascertained, please indicate) 8 AIRLINE DRIVE ALBANY, NY 12205 419 VILLAGE DRIVE SUITE 2 CARLISLE, PA 17013 every other person who has any record lien on the property: 1 Attorney for Plaintiff ?, ? ?? t:- ? -n - u... -r ... . L ' ? Z ,i, .?f ':??. -g-# t _ ?? {?1 _. _,i i , . C::J WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. MICHAEL W. SHOW RS SHERRI A. SHOWER A/K/A SHERRI A. HERMAN October 3, 2007 TO: MICHAEL W SHOWERS 602 HUMME AVENUE LEMOYNE, P 17043 CUMBERLAND COUNTY No. 06-4540-CIVIL TERM SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN 1229 BRIDGE STREET NEW CUMBERLAND, PA 17070 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USE FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLE T A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (re estate) at , 602 HUMMEL AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs ale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,009.89 obtained by WASHINGTON MU UAL 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 Y To prevent this Sheriffs Sale, you must take immediate action: 1. The sale .11 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: (21 ) 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 lalso be able to stop the sale through other legal proceedings. You may need attorney to assert your rights. The sooner you contact one, the more chance you will have of stoppi g the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL B ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TOE SHERIFF'S SALE DOES TAKE PLACE. 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 b 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 t 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 amour 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 th right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a eed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be ntitled 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) ys after the distribution is filed. 7. You may als have other rights and defenses, or ways of getting your home back, if you act immediately after the s le. YOU SHOULD TA THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND O T WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTIC : This property is sold at the direction of the plaintiff. It may not be sold in the absence of a r 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 17013 (717) 249-3166 (800) 990-9108 J I - All THAT CERTAM tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a paint in the southwest corner of the intersection of Hummel Avenue with Sixth street; thence westwardly along the southern line of Hummel Avenue 19 feet 8 inches, more or less, to a point at or opposite the center of the partition wall dividing properties known as Nos. 602 and 604 Hummel Aven; thence southwardly, through the center of the partition wall dividing sd properties and beyond 150 feet to Peach Alley; thence eastwardly alonthe northern line of Peach Alley 19 feet 8 inches, more or less, to Six] Street; thence northwardly along the western line of Sixth Street, 150 feet to a point, the place of BEGINNING. BEING the eastern portion of Lot No. 12, Section 'D', in the Plan of Lots known as Plan No. 1, Riverton, PA., said plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Deed Book 'J', Vol. 4, page 40. HAVING THEREON ERECTED a two and one-half (2 1/2) story semi-detached brick and frame dwelling known as No. 602 Hummel Avenue. BEING the same premises which James D. Hamacher and Nadine L. Plate, now known as Nadine L',. Hamacher, his wife, by Deed dated September 26, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book U-34, Page 427, granted and conveyed unto James D. H char, Grantor herein. PARCEL IDENTIFIC TION NO: 12-22-0824-155 Premises: 602 Hummel Avenue, Lemoyne, PA 17043 Lemoy e, Cumberland County Penny vania TITLE TO SAID PREMISES IS VESTED IN Michael W. Showers and Sherri A. Showers, husband and wife, by Deed from James D. Hamacher, single man, dated 08/29/1996, recorded 08/30/1996, in Deed Book 145, page 2115. IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN NO. 06-4540-CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) SS: 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: 602 M 1MME . A VENT IF LEMOYNE, PA 17043. 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 Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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. bDANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: Jan uarv 31, 008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in h absence of a representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that wrepresentative of the plaintiff is not present at the sale. 138682 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4540-CIVIL TERM Amended 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 ,602 HUMMEL AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name MICHAEL W. SHOWERS Last Known Address (if address cannot be reasonably ascertained, please indicate) 602 HUMMEL AVENUE LEMOYNE, PA 17043 SHERRI A. SHOWERS A/K/A SHERRI A. 1229 BRIDGE STREET HERMAN NEW CUMBERLAND, PA 17070 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) HOMESTEAD FUNDING CORP. BENEFICIAL CONSUMER DISCOUNT COMPANY, DB/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA SOURCE ONE MORTGAGE CORPORAION 8 AIRLINE DRIVE ALBANY, NY 12205 419 VILLAGE DRIVE SUITE 2 CARLISLE, PA 17013 27555 FARMINGTON RD. FARMINGTON HILLS, MI 48334 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 602 HUMMEL AVENUE LEMOYNE, PA 17043 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 unsworn falsification to authorities. January 28, 2008 Alla - a DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff y Oo v G? (A Ja W N h a a z c Q ' 7o° N 3 m g z (h yy o > o b o r z ytn ro P y ? v n W n A O O W 00 z U C ` g a A N 00 1 Q Q ? o P a ? log ` o,oo e t .o n Q P 9 O ? V i ? f N ? U o ? S g ? ?. a Aq ' °. VSO P% A cr. 6 a \ = M=480L1ES 021M $ 01 01 p wl 1. d . 0004218010 JAN 28 20 -CIA pp• B MAILED FROM ZIP CODE 1 5 ? ?' o rn p r?z 'v. ? 911 y p p ?• H °0 6• A , g ro H 'q ? fC (oa?z fD ?' a..o?0,,o A.. cam.., 'd r+ . c y?r ? CD `?- Coll ?Z -8,99. ?a# q, r r? ? r ?o b no O A ? w ya 3 9 v 7 i N ;a a8 33 y z 00 ,.1 C? C1? A w N .? r a? A Z C W 0C7z? >?Q ?d Pau ??. O ?o z O ? o oil ?C ° ? ° O a H IV n . ZH x 00 ?? cn? p n r'A ??--++ 3 O C ' ? v, CD N fD N o ? Y ?. A r n ? ? [?J p ?i N? O O a O xy .y t . 7? y N CAD C . a g /? C ?d p r 00 ? 0.4 0 a? o u? 00 N J C w O w g s tA? ITJ ° N 00 O 00 ?"G o ? CD o 0 ?. -3 r xy R e B o?? 0 h7 Or ?• ? ls1 ? °o ? bd ? plir rQ H •? i 8 N PN • $ .? n• G ® ?EY dVVES e? 0 g? 2 1M 02.800 - g w• c 0004218010 CCT04 2007 MAILED FROM ZIPCODE 191 03 % CLe r "af' R o eD ? a P T? c?u air Oro 0 ? k''° H ? 'r n o ;b x° 1 rllzo ? c = PHELAN HALLINAN & SCHMIEG #138682 BY: DANIEL G. SCHMIEG, ESQUIRE I.D. NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400/ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS V. CIVIL DIVISION MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN NO. 06-4540-CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 7 DANIEL G. SCHMIEG4ESQU Attorney for Plaintiff Date: 1/28/08 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of WELLS FARGO BANK, NA, USE PLAINTIFF. /? -Z vlla_ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff r?o COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which VERERANf AFFAIRS SECRETARY is the grantee the same having been sold to said grantee on the 7TH day of MAY A.D., 2008, under and by virtue of a writ Execution issued on the 4TH day of OCT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 4540, at the suit of WASHINGTON MUTUAL BANK F A against MICHAEL W SHOWERS, SHERRI A SHOWERS AKA SHERRI A HERMAN is duly recorded as Instrument Number 200820629. IN TESTIMONY WHEREOF, I have hereunto set my hand and al of said office this 1 day of /I n corder of Deeds d?, CW*WWM County, Cad*. PA E*n IN Fleet Monday of Jan. 2010 Washington Mutual Bank, F.A. VS Michael W. Showers and Sherri A. Showers a/k/a Sherri A. Herman In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4540 Civil Term Cpl Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on December 11, 2007 at 1738 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: Michael W. Showers, by making known unto Karena Winter, adult in charge for Michael W. Showers, at 602 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 04, 2007 at 2000 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: Sherri A. Showers a/k/a Sherri A. Herman, by making known unto Sherrie Showers, personally, at 1229 Bridge Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1041 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael W. Showers and Sherri A. Showers a/k/a Sherri A. Herman located at 602 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Michael W. Showers and Sherri A. Showers a/k/a Sherri A. Herman by regular mail to their last known addresses of 602 Hummel Ave., Lemoyne, PA 17043 and 1229 Bridge Street, New Cumberland, PA 17070, respectively. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 7, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Daniel Schmieg, on behalf of Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of The United States of America, of 1000 Liberty Ave., Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,203.27. Sheriffs Costs: Docketing $30.00 Poundage 22.81 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 47.04 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 419.00 Patriot News 427.25 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 1,203.27 R. Thomas Kline, Sheriff BY 'U3 (,?' t?' Real Estate Siv?eant cr?'J .5 C ?t G y3& 13 G is '5' ;1 Z Y . WASHIN1TON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS MICHAEL W. SHOWERS CIVIL DIVISION SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN NO. 06-4540-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCH IIEG, 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.602 HUMMEL AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name MICHAEL W. SHOWERS Last Known Address (if address cannot be reasonably ascertained, please indicate) 602 HUMMEL AVENUE LEMOYNE, PA 17043 SHERRI A. SHOWERS A/K/A SHERRI A. 1229 BRIDGE STREET HERMAN NEW CUMBERLAND, PA 17070 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 HOMESTEAD FUNDING CORP. BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA Last Known Address (if address cannot be reasonably ascertained, please indicate) 8 AIRLINE DRIVE ALBANY, NY 12205 419 VILLAGE DRIVE SUITE 2 CARLISLE, PA 17013 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 602 HUMMEL AVENUE LEMOYNE, PA 17043 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. October 3. 2007 DATE &ANEPEL. SCHMIEG, ESQ Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. MICHAEL W. SHOWERS SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN Defendant(s). CUMBERLAND COUNTY No. 06-4540-CIVIL TERM October 3, 2007 TO: MICHAEL W. SHOWERS 602 HUMMEL AVENUE LEMOYNE, PA 17043 SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN 1229 BRIDGE STREET NEW CUMBERLAND, PA 17070 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at. 602 HUMMEL AVENUE. LEMOYNE, PA 17043: is scheduled to be sold at the Sheriffs Sale on MARCH 5.2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,009.89 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 t 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the southwest corner of the intersection of Hummel Avenue with Sixth Street; thence westwardly along the southern line of Hummel Avenue 19 feet 8 inches, more or less, to a point at or opposite the center of the partition wall dividing properties known as Nos. 602 and 604 Hummel Avenue; thence southwardly, through the center of the partition wall dividing said properties and beyond 150 feet to Peach Alley; thence eastwardly along the northern line of Peach Alley 19 feet 8 inches, more or less, to Sixth Street; thence northwardly along the western line of Sixth Street, 150 feet to a point, the place of BEGINNING. BEING the eastern portion of Lot No. 12, Section 'D', in the Plan of Lots known as Plan No. 1, Riverton, PA., said plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Deed Book 'J', Vol. 4, page 40. HAVING THEREON ERECTED a two and one-half (2 1/2) story semi-detached brick and frame dwelling known as No. 602 Hummel Avenue. BEING the same premises which James D. Hamacher and Nadine L. Plate, now known as Nadine L. Hamacher, his wife, by Deed dated September 26, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book U-34, Page 427, granted and conveyed unto James D. Hamacher, Grantor herein. PARCEL IDENTIFICATION NO: 12-22-0824-155 Premises: 602 Hummel Avenue, Lemoyne, PA 17043 Lemoyne, Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Michael W. Showers and Sherri A. Showers, husband and wife, by Deed from James D. Hamacher, single man, dated 08/29/1996, recorded 08/30/1996, in Deed Book 145, page 215. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 064540 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 MICHAEL W. SHOWERS AND SHERRI A. SHOWERS A/K/A SHERRI A. HERMAN (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 $85,009.89 L.L. $.50 Interest FROM 10/3/07 TO 3/5/08 (PER DIEM - $13.97) -- $2,151.38 Atty's Comm % Due Prothy $2.00 Atty Paid $332.40 Other Costs $2,608.50 Plaintiff Paid Date: OCTOBER 4, 2007 (Seal) s R. Long, Prothonotary Y? Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE 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 Real Estate Sale # 16 On October 31, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 602 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2007 By: Real Estate Sergeant "W Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Jh(Patriot-N(ws Now you know CARLISLE PA 17013 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 Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State. aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid. by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01130/08 02/06/08 02/13/08 11 3 A.D. COMMONWEALTH OF.1'i NN3YL`•1AN;A Notaria; _?! Sherrie L Kisner, Notary Public CNy 01 Hertisbur9, i)auphln County p* Cg'm'limwr'.:.•tpiiras Nov. 26, 2011 Member, Pennsylvania Association of Notaries REAL ESTATE SALE NO. 16 Writ No. 2006-4540 Civil Term Washington Mutual Bank, F. A. VS Michael W. Showers and Sherri A. Showers alk/a Sherri A. Herman Attorney Daniel Schmieg DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the southwest comer of the intersection of Hummel Avenue with Sixth Street; thence westwardly along the southern line of Hummel Avenue 19 feet 8 inches. more or less, to a point at or opposite the center of the partition wall dividing properties known as Nos. 602 and 604 Hummel Avenue; thence southwardly, through the center of the partition wall dividing said properties and beyond 150 feet to Peach Alley; thence eastwardly along the northern line of Peach Alley 19 feet 8 inches, more or less, to Sixth Street; thence northwardly along the western line of Sixth Street, 150 feet to a point, the place of BEGINNING. BEING the eastern portion of Lot No. 12. Section `D', in the Plan of Lots known as Plan No. 1, Riverton, PA., said plan being recorded in the OfFCe for the Recording of Deeds in and for timberland County in Deed Book T. Vol. 4. cge 40. HAVING THEREON ERECTED a two anc o-e-half (2 1/2) story semi-detached brick and frame dwelling known as No. 602 Hummel Avenue. BEING the same premises which James D. Hamacher and Nadine L. Plate, now known as Nadine L. Hamacher, his wife, by Deed dated September 26, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book U-34, Page 427, granted and conveyed unto James D. Hamacher, Grantor herein. PARCEL IDENTIFICATION NO: 12-22-0824- 155 Premises: 602 Hummel Avenue, Lemoyne, PA Lemoyne, Cumberland County Pennsylvania T'.?_E TO SAID PREMISES IS VESTED IN Michael W. Showers and Sherri A. Showers, husband and wife, by Deed from lames D. Hamacher, single man, dated 0812911996, recorded 08/30/19%, in Deed Book 145, page 215. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWOR-N TO AND SUBSCRIBED before me this 8 day of February, 2008 /? J- - ? ?'00' La-zz Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 I>- REAL IWATE BALE NO. 16 Writ No. 2006-4540 Civil Washington Mutual Bank, F. A. VS. Michael W. Showers and Sherri A. Showers a/k/a Sherri A. Herman Atty.: Daniel Schmieg DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as fol- lows: BEGINNING at a point in the southwest corner of the intersection of Hummel Avenue with Sixth Street; thence westwardly along the south- ern line of Hummel Avenue 19 feet 8 inches, more or less, to a point at or opposite the center of the partition wall dividing properties known as Nos. 602 and 604 Hummel Avenue; thence southwardly, through the center of the partition wall dividing said properties and beyond 150 feet to Peach Alley; thence eastwardly along the northern line of Peach Alley 19 feet 8 inches, more or less, to Sixth Street; thence northwardly along the western line of Sixth Street, 150 feet to a point, the place of BEGINNING. BEING the eastern portion of Lot No. 12, Section `D', in the Plan of Lots known as Plan No. 1, Riverton, PA., said plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in Deed Book `J', Vol. 4, page 40. HAVING THEREON ERECTED a two and one-half (2 1/2) story semi- detached brick and frame dwelling known as No. 602 Hummel Avenue. BEING the same premises which James D. Hamacher and Nadine L. Plate, now known as Nadine L. Hamacher, his wife, by Deed dated September 26, 1990 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book U-34, Page 427, granted and conveyed unto James D. Hamacher, Grantor herein. PARCEL IDENTIFICATION NO: 12-22-0824-155. Premises: 602 Hummel Avenue, Lemoyne, PA 17043, Lemoyne, Cum- berland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Michael W. Showers and Sherri A. Showers, husband and wife, by Deed from James D. Hamacher, single man, dated 08/29/1996, re- corded 08/30/1996, in Deed Book 145, page 215.