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HomeMy WebLinkAbout02-4902Spear & Hoffman, P.A. BY: THOMAS J. HORNBECK, ESQUIRE Attorney I.D. No. 80057 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, vs. JEFFREY E. PRICE LAURA A. PRICE 421 N. BROAD STREET CHARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. -'4196a G- L? COMPLAINT - CIVIL ACTION 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo a partir de la fecha de la demanda y la notificacion. Aace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: THOMAS J. HORNBECK, ESQUIRE Attorney I.D. No. 80057 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. O?Z -'Y9U,;?, (21 ,,L? JEFFREY E. PRICE LAURA A. PRICE 421 N. BROAD STREET CHARLISLE, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1.Plaintiff is WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, Authorized to do business in Pennsylvania pursuant to Certificate of Authority #2001055,with its principal place of business located at 9451 CORBIN AVENUE NORTHRIDGE, CA 91324. 2. The names and last known addresses of the Defendants are: JEFFREY E. PRICE LAURA A. PRICE, 421 N. BROAD STREET CHARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about 7/31/98, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: 7/31/98 DATE RECORDED: AS RECORDED BOOK: N/A PAGE: N/A The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). 5. On or about 7/31/98, in consideration of their indebtedness to PNC MORTGAGE CORPORATION OF AMERICA, JEFFREY E. PRICE & LAURA A. PRICE made, executed and delivered to PNC MORTGAGE CORPORATION OF AMERICA their promissory Note in the original principal amount of $65,960.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: N/A ASSIGNEE: N/A DATE OF ASSIGNMENT: N/A RECORDING DATE: N/A BOOK: N/A PAGE: N/A 7. The Mortgage is secured by property located at 421 N. BROAD STREET CHARLISLE, PA 17013. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due 6/1/02 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 2 9. The following amounts are due on the Mortgage: Principal Balance $63,377.01 7.625% interest from 5/1/02 to 10/03/02 at $13.24 per day $2,065.44 Accrued Late Charges $93.36 Other Fees $22.80 Attorney's Fees $2,479.50 TOTAL AMOUNT DUE $60.38.11 Interest continues to accrue at the per diem rate of $13.24 for every day after 10/03/02 that the debt remains unpaid. 10.During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. 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. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to Defendants, dated 08/08/02. Copies of the notices to the defendants are attached as Exhibit "A". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after 10/03/02 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. DATE: THOM J. HORNBECK, ESQUIRE VERIFICATION I, THOMAS J. HORNBECK, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of WASHINGTON MUTUAL BANK, FA.. SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS INC, FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA. Plaintiff who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. THOMAS9- HORNBECK DATE: Attorney for Plaintiff Exhibit "A " Washington (Mutual August 08, 2002 '0001554850" Jeffrey E. Price 421 N Bedford Street Carlisle, PA 17013-1912 P.O Box 1039 Northridge, CA 91328-1093 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with You when you meet with the counseling agency. The name address and phone number of Consumer Credit Counseling Agencies serving Your county are listed at the end of this Notice. If you have any questions You may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente Ilamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : Jeffrey E. Price PROPERTY ADDRESS: 421n Bedford Street Carlisle, PA 17013 LOAN ACCOUNT NUMBER: 5928416444 CURRENT LENDER/SERVICER: Washington Mutual You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance : if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Page two 5928416444 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it un to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 421n Bedford Street Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because : A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due : (a) Monthly payments from 06/01/2002: $1,973.15 (b) Late charge(s) : $46.68 (c) Other charge(s): NSF & Advances $7.60 (d) Less: Credit Balance $.00 (e) Total amount required as of 08/07/2002: $2,027.43 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,027.43, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP N010201,9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5928416444 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON- . The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period you will not be required to pay attorneys' fees OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Washington Mutual Address: COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 Telephone 800-282-4840 Number: EFFECT OF SHERIFF'S SALE- You should realize that a sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff s sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 5928416444 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writin¢ at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. Washington Mutual August 08, 2002 '0001554851' Laura A. Price 421 N Bedford Street Carlisle, PA 17013-1912 P.O Box 1039 Northridge, CA 91328.1093 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente Ilamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes set elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" at cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : Laura A. Price PROPERTY ADDRESS: 421n Bedford Street Carlisle, PA 17013 LOAN ACCOUNT NUMBER: 5928416444 CURRENT LENDER/SERVICER: Washington Mutual You mU be eligible for financial assistance which can save Your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act'). You may be eligible for emergency mortgage assistance : if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE Page two 5928416444 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Brin it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 421n Bedford Street Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because : A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due : (a) Monthly payments from 06/01/2002: $1,973.15 (b) Late charge(s) : $46.68 (c) Other charge(s): NSF & Advances $7.60 (d) Less: Credit Balance $.00 (e) Total amount required as of 08/07/2002: $2,027.43 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,027.43, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP NO10201, 10201,9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5928416444 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON- . The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff s sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Washington Mutual Address: COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 Telephone 800-282-4840 Number: EFFECT OF SHERIFF'S SALE- You should realize that a sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 5928416444 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. Exhibit "B" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT the Act 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter. 3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter evidenced by the copy of the mortgage note attached hereto will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the attached letter is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACHED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should be addressed to Spear & Hoffman, P.A., at 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. C w w q Spear & Hoffman, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, vs. JEFFREY E. PRICE LAURA A. PRICE 421 N. BROAD STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 MOTION TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, by its attorneys SPEAR AND HOFFMAN, P.A., moves to amend the caption of this Mortgage Foreclosure Civil Action pursuant to Pennsylvania rule of Civil Procedure 1033, to correct the street address as 421 N. BEDFORD STREET CARLISLE, PA 17013. On or about OCTOBER 8, 2002, the Plaintiff herein filed a Complaint in Mortgage Foreclosure 2 against the named Defendants. Said Complaint incorrectly included the street address as 421 N. BROAD STREET CARLISLE, PA 17013. The correct street address is 421 N. BEDFORD STREET CARLISLE, PA 17013. 4. A copy of the proposed Amended Complaint is attached hereto as Exhibit "A." WHEREFORE, the Plaintiff, prays and respectfully requests this Honorable Court to allow Plaintiff to amend the Complaint in Mortgage Foreclosure to reflect,the address as 421 N. Bedford Street Carlisle Pa 17013, thereby correcting the pleading and proceedings ftom this date and that this Amended Complaint does not expand the Defendant, JEFFREY E. PRICE LAURA A. PRICE response time as said time has expired as to the original complaint. Respectfully Submitted, SPEAR AND HOFFMAN BY._ LA NCE R. CHASHIN, ESQUIRE Attorney for Plaintiff I.D. # 77558 VERIFICATION LAURENCE R. CHASHIN, ESQUIRE hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION TO AMEND COMPLAINT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. LAURENCE R. CHASHIN, ESQUIRE ATTORNEY FOR PLAINTIFF Spear & Hoffman, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, vs. JEFFREY E. PRICE LAURA A. PRICE DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 CERTIFICATION OF SERVICE I hereby certify that on the J day of Fe- b y vA , 20 b 3 , I have served or caused to be served a true and correct copy of this Motion to Amend the Complaint in Mortgage Foreclosure on all parties named herein at their last known address or upon their attorney of record by first class U.S. mail, postage prepaid to the addresses listed below. SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN, Esquire Attorney for Plaintiff Exhibit "A" Spear & Hoffman, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. JEFFREY E. PRICE LAURA A. PRICE 421 N. BEDFORD STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 1,10. 02-4902 AMENDED COMPLAINT - CIVIL ACTION 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demand.adas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pue:de continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR. ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, vs. JEFFREY E. PRICE LAURA A. PRICE 421 N. BEDFORD STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, Authorized to do business in Pennsylvania pursuant to Certificate of Authority #2001055,with its principal place of business located at 9451 CORBIN AVENUE NORTHRIDGE, CA 91324. 2. The names and last known addresses of the Defendants are: JEFFREY E. PRICE LAURA A. PRICE, 421 N. BEDFORD STREET CARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about 7/31/98, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA, which Mortgage is recorded as follows: 1 Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: 7/31/98 DATE RECORDED: 7/31/98 BOOK: 1472 PAGE: 395 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). 5. On or about 7/31/98, in consideration of their indebtedness to PNC MORTGAGE CORPORATION OF AMERICA, JEFFREY E. PRICE & LAURA A. PRICE made, executed and delivered to PNC MORTGAGE CORPORATION OF AMERICA their promissory Note in the original principal amount of $65,960.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: N/A ASSIGNEE: N/A DATE OF ASSIGNMENT: N/A RECORDING DATE: N/A BOOK: N/A PAGE: N/A 7. The Mortgage is secured by property located at 421 N. BEDFORD STREET CHARLISLE, PA 17013. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due 6/l/02 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 2 9. The following amounts are due on the Mortgage: Principal Balance $63,377.01 7.625% interest from 5/1/02 to 10/03/02 at $13.24 per day $2,065.44 Accrued Late Charges Other Fees $93.36 $22.80 Attorney's Fees $2,479.50 TOTAL AMOUNT DUE 68 038.11 Interest continues to accrue at the per diem rate of $13.24 for every day after 10/03/02 that the debt remains unpaid. I O.During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. 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. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S, §403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to Defendants, dated 08/08/02. Copies of the notices to the defendants are attached as Exhibit "A". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 3 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after 10/03/02 to the date of Judgment, plus 60/0 legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. K ALL DATE. 3 to 3 c,-- LA CE R. CHASHIN, ESQUIRE 4 VERIFICATION I, LAURENCE R. CHASHIN, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of WASHINGTON MUTUAL BANK, FA SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA. Plaintiff who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. c-(L LAURENC'E R. HASHIN DATE: Z fo 3 Attorney for Plaintiff Exhibit "A " Washington - Mutual August 08, 2002 *0001554850* Jeffrey E. Price 421 N Bedford Street Carlisle, PA 17013-1912 P.O Box 1039 Northridge, CA 91328-1093 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) maybe able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arnba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : Jeffrey E. Price PROPERTY ADDRESS: 421n Bedford Street Carlisle, PA 17013 LOAN ACCOUNT NUMBER: 5928416444 CURRENT LENDER/SERVICER: Washington Mutual You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance : if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing; Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Page two 5928416444 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have dried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency . Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring i.t up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 421n Bedford Street Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because : A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due : (a) Monthly payments from 06/01/2002: $1,973.15 (b) Late charge(s) : $46.68 (c) Other charge(s): NSF & Advances $7.60 (d) Less: Credit Balance $.00 (e) Total amount required as of 08/07/2002: $2,027.43 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS 2 OS . 27.43, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30).DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP N010201,9451 COR13IN AVENUE, NORTHRIDGE, CA 91324. Page three 5928416444 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortga eg debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period you will not be required to pay attorneys' fees OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Washington Mutual Address: COLLECTION SUPPORT MAIL STOP NO 10201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 Telephone 800-282-4840 Number: EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 5928416444 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. Washington Mutual August 08, 2002 *00015 548 51 * Laura A. Price 421 N Bedford Street Carlisle, PA 17013-1912 P.O Box 1039 Northridge, CA 91328-1093 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agengy. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-34'2-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal infonmation. If you have any questions, representatives at the. Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado aniba. Puedes ser elegible para un prestamo por el programs llamado "Homeowners" Emergency Mortgage Assistance Program" al cual puede salvar su casa de ]a perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : Laura A. Price PROPERTY ADDRESS: 421n Bedford Street Carlisle, PA 17013 LOAN ACCOUNT NUMBER: 5928416444 CURRENT LENDER/SERVICER: Washington Mutual You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance : if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and. if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE Page two 5928416444 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tied and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency . Your application MUST be filed or postmarked. within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR. IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the .Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring ii: up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 421n Bedford Street Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because : A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due : (a) Monthly payments from 06/01/2002: $1,973.15 (b) Late charge(s) : $46.68 (c) Other charge(s): NSF & Advances $7.60 (d) Less: Credit Balance $.00 (e) Total amount required as of 08/07/2002: $2,027.43 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS 2$ ,027.43, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5928416444 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the morwa eg debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON- . The mortgaged property will be soli by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff s sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the; longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Nance of Lender: Washington Mutual Address: COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 Telephone 800-282-4840 Number: EFFECT OF SHERIFF'S SALE- You should realize that a sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 5928416444 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. Exhibit "B " NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter. 3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter evidenced by the copy of the mortgage note attached hereto will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the attached letter is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACIIED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST 'VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8: Written requests should be addressed to Spear & Hoffman, P.A., at 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. CA MAR 0 7 2003 Spear & Hoffman, P.A. BY: LAURENCE R. CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, Vs. JEFFREY E. PRICE LAURA A. PRICE 421 N. BROAD STREET CARLISLE, PA 17013 DEFENDANT'S COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 ORDER AND NOW, this )0' Day of Ml-*A , 2003. Upon consideration of Plaintiff's Motion to Amend Complaint filed in this matter, it is hereby ORDERED: That the caption on the pleading of the herein litigation be amended to reflect the correct street address so that same may read: 421 BEDFORD STREET CARLISLE, , PA 17013 That the pleading except as so corrected, shall in all other respects remain unchanged and at filed and that A&a 16e the Amended Complaint j. RV TAR CYST TR T Y - T w ti r 0 0 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANT PRAECIPE TO REINSTATE AMENDED COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter. SPEAR AND HOFFMAN, P.A. BONNIE DAHL, ESQUIRE ? ?'° ':, ?. _v ; , "c1 s? i._ ., _ ?? !_ ? _- ' / ! ? ??. ?' • ..L` r ?,i CJ ""'_ CY y ?- . .; .. ? 1 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04902 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA ETAL VS PRICE JEFFREY E ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PRICE JEFFREY E was served upon the DEFENDANT , at 1103:00 HOURS, on the 14th day of May , 2003 at 421 N BEDFORD STREET CARLISLE, PA 17013 JEFFREY PRICE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this /L 0- day of d-ev Z., A.D. ,. nD, .?- So Answers So R. Thomas Kline 05/15/2003 SPEAR & HOFFMAN By: Deputy Sherif othonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-04902 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA ETAL VS PRICE JEFFREY E ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PRICE LAURA A was served upon the DEFENDANT , at 1103:00 HOURS, on the 14th day of May , 2003 at 421 N BEDFORD STREET CARLISLE, PA 17013 JEFFREY PRICE, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 nn So Answers: R. Thomas Kline 05/15/2003 SPEAR & Sworn and Subscribed to before By: me this /L? day of vo3 A.D. ??AXhon/o?2tary SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 02-4902 JEFFREY E. PRICE LAURA A. PRICE 421 N. BEDFORD STREET CARLISLE, PA 17013 DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $73,585.67 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 7.625% from 5/1/02 to NOVEMBER 26, 2003 (575 days @ $13.24 per diem) Late charges (for certain months prior to default and every month after at a rate of $23.34 per month) Other Fees Attorneys Fees (As stated in Complaint) TOTAL AMOUNT DUE $63,377.01 $7,613.00 $93.36 $22.80 $2,479.50 $73,585.67 BONNIE DAHL, ESQUIRE Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $73,585.67 PRO FROTHY SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 5928416444 WASHINGTON MUTUAL BANK, FA COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO CUMBERLAND COUNTY WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC DOCKET NO.02-4902 MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. JEFFREY E. PRICE LAURA A. PRICE DEFENDANT(S) NOTICE To: JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 JUN 2 u aw Date of Notice: "A7 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Z -,Z- BONNIE DAHL, ESQUIRE Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 5928416444 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. JEFFREY E. PRICE LAURA A. PRICE DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.02-4902 NOTICE To: LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 11 N 2 0 2003 Date of Notice: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 BONNIE DAHL, ESQUIRE Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO CUMBERLAND COUNTY WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC DOCKET NO. 02-4902 MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and correct copy of each Notice is attached hereto, sent as stated. SPEAR & HOFFMAN, P.A. Dated: BY: / BONNIE DAHL, ESQUIRE Attorney for Plaintiff Form DIS-70(Official Form 18) (9/97) In Re: PRICE, JEFFREY E 421 N BEDFORD ST CARLISLE, PA 17013 PRICE, LAURA A 421 N BEDFORD ST CARLISLE, PA 17013 Social Security No(s).: Debtor: 190-50-7925 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Case Number: 02-05567JJT-1 Chapter: 7 Joint: 192-52-4104 Debtor DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: January 9, 2003 BY T O?? John J. Thomas United States Bankruptcy Judge SEE BACK SIDE OF THIS ORDER FOR IMPORTANT INFORMATION SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANT(S) CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANT(S) CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 Date mailed: 1 Z.I L10 J SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANT(S) AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant, JEFFREY E. PRICE, LAURA A. PRICE, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 421 N. BEDFORD STREET CARLISLE, PA 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 20_. BY: 7 / BONNIE DAHL, ESQUIRE December 2, 2003 w v SL? U w n Z ' ca .>„ 0 F te- ` 5 `- ' ?? r r . 1 to ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA ( ) Confessed Judgment ( ) Other vs. File No. 02-4902 Amount Due $73,585.67 JEFFREY E. PRICE LAURA A. PRICE Interest 1,161.24 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) 421 N. BEDFORD STREET, CARLISLE, PA 17013 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: December 2, 2003 Signature: Print Name: BONNIE DAHL, ESQUIRE Address: 1020 N. Kings Highway, Suite 210 Chem Hill, N.J. 08034 Attorney for: WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 0 v N O 0 z no y" Q> \ c ? w3 ?' J 0 oV `? r 9 LJ C:) COE wz ? N x xw W d x ? Q O z p O W o w 0 a? uz? w ¢FM zZ uzFa O z ?QCG UW .. p vs bs sF O p zY?o 0. wOa as U wa3z° OU z z ; W Q W `o w W o w C7 ..1 r 00 °?xCW7 w? w W U ? N sxx? FU d..l C7 W d O? W a °?$??-w ova ?]0 3 .o ? p ? axx wa ??? ? ? ?zv o o F O Z a H o zv zz¢ a 3 cx QLn 3d 3 0 H -r- J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4902 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, Plaintiff (s) From JEFFREY E. PRICE AND LAURA A. PRICE (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 $73,585.67 Interest $1,161.24 Arty's Comm % Atty Paid $127.90 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: n--r c Deputy REQUESTING PARTY: Name BONNIE DAHL, ESQUIRE Address: 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, N.J. 08034 Attorney for: PLAINTIFF Telephone: 856-755-1560 ?IIZ61zi f - Supreme Court ID No. 79294 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS CERTIFICATION BONNIE DAHL, ESQUIRE, hereby verifies that she is the 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. BONNIE DAHL, ESQUIRE Attorney for Plaintiff ° w y1 T .T 1. r . ? ryT. 1? W ?f• ? C J OD SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, Plaintiff in the above action, by its attorney, BONNIE DAHL, 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 421 N. BEDFORD STREET CARLISLE, PA 17013: 1. Name and address of Owner(s) or Reputed Owner(s): JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PNC MORTGAGE CORP. OF AMERICA 600 GRANT STREET PITTSBURGH, PA 15219 BALTIMORE AMERICAN MORTGAGE CORP 66 MAIN STREET BRANCO, NY 15219 CHASE MANHATTAN BANK 66 MAIN STREET BRANCO, NY 15219 5. Name and address of every other person who has any record lien on the property: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: DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 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: TENANT(S)/OCCUPANT(S) 421 N. BEDFORD STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff W ?i g f •• 1 CA -G SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 Your house (real estate) at: 421 N. BEDFORD STREET CARLISLE, PA 17013 is scheduled to be sold at Sheriff's Sale onMARCH 3, 2004at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1COURTHOUSESQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $73,585.67obtained by WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 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 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 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 a 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 no later thanAPRIL 3, 2004. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE ICOURTHOUSESQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,yr .J PA&CEL Oh: O2-.'.6-1800-1.62. Tf425 DEED K;Lr)9 THE 0/# day Of July, in the ynar c£ our Lord ona thousand nine hundrma ninety-eight (5998) BSTw.mBN LTMFFREY D. SU=M AND KI1,MZRLY A- Snl-Wr., husband and wife, of Carlisle, CtirtlUCrland County, P?anaaylva=ia, hereinafter (Crantora) and JEFFREY B. PRICE AND 1JLUR;b A. PKICS, husband and wife, or Carlisle, Cumberland county, Panncylvanim hereinafter (Granteae) wITNEssbTx, that in tonal da ration of Sixty-eight Thousand and 00/l00 ($66,000.00) in hand paid, the reetipt whereof is hereby xOknomledged, the amid grantors do hereby grant and convwy to the said grantccs, their heirs and assigns as tenants by the entiretie.a. AZ..'., that.certain pieoe or parcel of ground atuate in the Borough of carliale, Cumberland county, iz ezuxaylvani dcacribed in accordance with the aurvey of Stephen G. Fi her, M.S., dated May 20, 1961, as follows: HEGSNNING ?t a point on the South.ei.de cf North Bedford Street, said point being 156.7 feet north of the ccnterline of Elm Street; thenea ex.tand3.ng along the Oouth side of North Sedtorct Street, North 49 degraea 4,4 minutes East 25.75 feet to a point, thence mxtanding along the lends now or formerly of Aaron R_ Harman trim twc fall?,ing coal-pas and distanoe:s; (1) as®ing through th- center of a partition wall, South .40 degreeAl 11 minutes Ea.at 52.50 feat to a Mol=t,. (2) South E6 degrees 00 MitanteS 20 Seconds -amt 4S_20 feat to a. point on th.a north mi.de of an alley; thence along said alley, South 24 degraca 02 minuta® WTGZ 25.17 feet to a point; thence crtezdi.ng along the land now or formerly of Arthur E=ak the following two courses and dLstancas: (1) North 63 degrees 59 minutes Nest, 56.43 feet to a point; (2) North 40 der,_, mae 11 minutes W=st S2.90 feet Co the glace of SEG1t31i'Z1dG. HAVING thereon ftrected the Southern half cf a two-story frame dwalling hcuae 1,=own and numbered arrd 421 North aedfard Street, Carlisle, LEA. 17013. BEING THE SAME PREMISES WHICH JEFFREY D. SHENK, ETUX BY DEED DATED JULY 31,1998 AND RECORDED JULY 31, 1998 IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 182, PAGE 608, GRANTED AND CONVEYED UNTO JEFFREY E. PRICE AND LAURA A. PRICE. HUSBAND AND WIFE, THE MORTGAGORS HEREIN. fr, C C2 .. , i SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 Your house (real estate) at: 421 N. BEDFORD STREET CARLISLE, PA 17013 is scheduled to be sold at Sheriff's Sale onMARCH 3, 2004 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1COURTHOUSESQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $73,585.67 obtained by WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 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 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 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 a 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 no later thanAPRIL 3, 2004 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE COURTHOUSESQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,?(.5 ,??? ' ,4^..4?c4 P2LRCEL VI . a a -:: a - 3 a U a -182 TKZS HSSSD i MADE TER e13/ ? day o£ July, in Cho yens of our Lord ohs thousand nine hundred n,i.nety-eight (19!W SETw -VEr r arrFREY D. SI.-Talm AND KIFMZRZY' A. Snmzr, huskvand and wife, of Carlisle, Cumba:tlxnd County, PennSylvanix, hCreinaftar (Grantors) and C-OPPREY Ti. PRICE AND Z.URX A. PRICE, hunbmnd and wife, cf Ca=1-4vle, Cumberland County, Pmnncylvanin hareinaftar (G=o=Caerr) WITNE95kTX. that in consideration of Sixty-might Thousand and 04/100 ($58, 000 .00) in hand paid, the receipt whereof is hereby aok=owlftdged, the said. grantors do hereby grant ana convey to the said gra.ntcee, their heirs and assigns as tenants by the entireties. ALL that,ce.rtain piaoa or parcel of groun$ :.tuats in the Borough o£ carliele, Cumkaerland county, Pennnylvaiai described in accordance with the atLrvey of Stephen G. F! her, R.S., dated May 20, 1991, sa follows: SEGSNNXNG at a point on ttae mouth s S.de of 13,prth Sedford. Street, said paint being 3.56.7 feet north of the ce*terline of Elm Streetr thanoa e3ttend3.ng along the aouth side of North nedtord Street, North 49 degrees 49 minuteo Eamt 25.75 Pee='to a Point; Cheace extending along the lands now or formerly a Aaron E. Harman Y_he two following Crau.raes and aiatances: (1) assing through trim center of a partition wall, South 40 dogres 11 minutes East 52.5o feat to M point; (2) South 66 degrees 00 minutes 20 sceonds East 4..5.20 feet to a point on the north side, of an alley; thence alc=5; aaid alley, South 24 dagraem 02 n-,inutes West 25.17 i,ret to a point; thence cxtex>d iri3 along the land now or formerly of Art:xur G. EnC3t the following two Courses and d].St3nOaZ! (1) North 63 degrees 59 minutea weer, 56.43 feet to a point; (2) North 40 degrees 11 minutem weet S?.90 feat to the place of .3EG3.MT--11TG. FiA-VZNG thereon erected the southe=n half of a two-story frawa dwelling houoo .f,nown and numbered a.s 424 North &edfaard Street, Czrli,ale, P.A 17013. BEING THE SAME PREMISES WHICH JEFFREY D. SHENK, ETUX BY DEED DATED JULY 31,1998 AND RECORDED JULY 31, 1998 IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 182, PAGE 608, GRANTED AND CONVEYED UNTO JEFFREY E. PRICE AND LAURA A. PRICE, HUSBAND AND WIFE, THE MORTGAGORS HEREIN. s o ? c ' 'J6 r-n <A L Form DIS-70(Official Form 18) (9/97) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In Re: ) PRICE, JEFFREY E ) 421 N BEDFORD ST ) Case Number: 02-05567JJT-1 CARLISLE, PA 17013 ) PRICE, LAURA A 421 N BEDFORD ST ) Chapter: 7 CARLISLE, PA 17013 ) Debtor ) Social Security No(s).: ) Debtor: 190-50-7925 Joint: 192-52-4104 ) DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: January 9, 2003 BY T 0??? John J. Thomas United States Bankruptcy Judge SEE BACK SIDE OF THIS ORDER FOR IMPORTANT INFORMATION PARCEL #% 02-20-1a00-182 771TS DEED MADffi THE b?/ day of .TUly, in the year Of our Lord one thousand nine hundred ninety-might (].996) BSTW$sR JEFFREY D. 9UMM AND KIMB$RLY A_ SHERX, husband and wife, of Cavllmle, Cumberland County, 8enneylvania, hereinaftmr (Grantors) and Q15 FREY B. PRICE AND LAIIRA A. PRICS, husband and wife, of Carlisle, Cumberland county, Pmnnsylveni.a hmreimafter (Grantees) WiTNESSETX, that in cons i_derat!on of Sixty--eight Thoumand and 00/100 ($68,000.00) in hand paid, the receipt whereof is hereby acknowledged, the maid grantors do hereby grant and convey to the said grantees, their heirs and assigns as tenants by the entireties. ALL thar.6ertain piece or parcel at ground ituata in the Borough of Carlisle, Cumberland County, 8enneylvani dmsari7bod in accordance with the survey of Stephen G. Fi her, M.S., dated May 20, ]1991, as follows t BEGINNING at a point on the south.sidm of North Bedford S'ireet, said point timing 156.7 feet north of the co=tarliae of elm Street; thence exeending along the mouth aide of North sedtord street, North 49 degrees 49 mxnutea East 25.75 feet to a point, thence extanding along the laude now or formerly of Aaran B. Harman the two following courses and distaneea; (1) 2asain$ through the cmntar of a partition wall, South 40 degrees 11 minutes grit 52.90 Eeet to a point, (2) South 66 degrees 00 minutee 20 seconds East 45.20 feet to a polut on the north aide of an alley; thence along said alley, South 24 dmgreea 02 minutma Wmst 25.17 feet to a Point; thence ,extending along the land now or formerly of A3mhur G.. Enak the €ollowl. g two courses and distancast (1) North 63 degrees 59 minutes Wear, 56.43 feet to a point; (2) North 40 degrees 11 minutes West 52.90 Peet to the place of BEGINNING. HAVING thereon erected the southern half of a two-story frame dwelling house known and numbered as 421 North Bedford Street, Carlisle, PA 17013. BEING THE SAME PREMISES WHICH JEFFREY D. SHENK, ETUX BY DEED DATED JULY 31,1998 AND RECORDED JULY 31, 1998 IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 182, PAGE W8, GRANTED AND CONVEYED UNTO JEFFREY E. PRICE AND LAURA A. PRICE, HUSBAND AND WIFE, THE MORTGAGORS HEREIN. Spear & Hoffinan, P.A. BY: KEVIN P. DISKIN, ESQUIRE Attorney I.D. No. 86727 1020 North Kings Highway, Suite 210 Cherry Hill, NJ, 08034 (856) 755-1560 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. JEFFREY E. PRICE LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 PETITION TO POSTPONE SHERIFF'S SALE 1. A Complaint in Mortgage Foreclosure was filed by Plaintiff against Defendant on October 8, 2002. The Default Judgment was entered December 3, 2003. 2. Subsequent thereto, Judgment was entered and notices of Sheriff sale prepared in accordance with Pennsylvania Rule of Civil Procedure 3129. 3. Due to incomplete service of the Notice of Sheriffs :sale upon all lienholders, Plaintiff is unable to proceed with the May 5, 2004 sale at this time. 4. Petitioner would be forced to expend considerable sums to reset the Sale, and such action would, in addition, place further burden upon the Court systems. WHEREFORE, Petitioner respectfully requests your Honorable Court to enter an Order postponing the Sheriff's Sale. Respec submitted, BY: KEVIN P. DISKIN, ESQUIRE VERIFICATION I, Kevin P. Diskin, Attorney forPlaintiff, WASHINGTONMUTUAL BANK, FA SUCCESSORBY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, having express authorization to enter into this Verification verifies the foregoing Petition to Postpone Sheriff's Sale and avers the statements of fact contained therein as made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, and that same are true upon the signer's personal knowledge, information and behalf B . EVIN P. DISKIN, ESQUIRE ?> ^, < ?.° _? ?; ?. --+ -?_ _.,, T ?,,,_ -- _?, ?9 C 7 ` ? `-? ?' _?. ?' C..: -- • Iii n? SPEAR & HOFFMAN, P.A. BY: KEVIN P. DISKIN, ESQUIRE ATTORNEY I.D. NO. 86727 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS CERTIFICATION OF SERVICE I hereby certify that on the l day of ` ( I , 20 b I have served a true and correct 4L copy of the Petition to Postpone Sheriffs Sale on all parties named herein at their last known address or upon their attorney of record by first class U.S. mail, postage prepaid to the addresses listed below. JEFFREY E. PRICE LAURA A. PRICE 421 N. BEDFORD STREET CARLISLE, PA 17013 SPEAR & HOFFMAN, P.A. BY: iV. r-I L?J ?_7 Q __ Pry Spear & Hoffman, P.A. BY: KEVIN P. DISKIN, ESQUIRE Attorney I.D. No. 86727 1020 North Kings Highway, Suite 210 Cherry Hill, NJ, 08034 (856) 755-1560 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, vs. JEFFREY E. PRICE LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 ORDER AND NOW, this Z ? • day of .9?or 2004, it is APR 2 0 2004 y hereby ORDERED AND DECREED that in order for Plaintiff to perfect service of the Notice of Sheriffs Sale upon all lienholders, Sheriffs Sale on premises 421 N. BEDFORD STREET, CARLISLE, PA 17013 is postponed by Order of the Court to the regularly scheduled Sheriffs Sale to be held on June 9, 2004. It is further ORDERED AND DECREED that an announcement on this postponement is to be given at the time and place now fixed for Sheriff's Sale, with no new notice required to parties already having been given notice. BY THE COURT: 0 04 C)%k 'W VINVAlkSWd 0C :£ Wd LZ 8db 4OZ J E?dla 0 ?o Spear & Hoffman, P.A. KEVIN P. DISKIN, ESQUIRE Attorney I.D. No. 86727 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. JEFFREY E. PRICE LAURA A. PRICE Defendant DOCKET NO. 02-4902 CERTIFICATION OF NOTICE TO LIEN HOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, KEVIN P. DISKIN, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiff's Affidavit pursuant to PA R.C.P. 3129. 1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. BY: Z? KEVIN P. DISKIN, ESQUIRE r p = V r s ..? r '? (D O J Ol N A W N m N6 3 ?Og (P A W N O N r 6 T m '?m 3 g` D "?"S 3 mo m m v C/) V 9 m W O p VVV " c0 ;CAU ,'Z z d A =O_ O A n ti AA rn= :U "° C O j Z C Zm D O O O D 0 0 D D D O (7 w z D (n ' O ? nZm ? 1 !77? O Z w m ocn v a3 w O X- O O D) z D w a) [n O O 3 A N 9 j --I C O fIl N (7 Z Z Z m 0 A T m o? .<;a z _ D (n 88 m O D NOD m m n { o c D _ ° co D m J m Z r w Q ) 0.-Cl m O z c .Tl m ,n z m N Z m w m " o ° o m z ZS. Q. - m g a z m O v rn < 0 -n a r m < U) D o q 2 Z_ O " T7 Z $ D ° o p per; W fpa Z O oosne° n O o om<' 3 -n "o y m ° ? O= 6 ? m m^on ? '3r ? ? mama re n ;gnn >3iL31jj ?T SN?Ya ?s ?' a'3.R33 ii55 e (1 H R W ?0 331 m ao?? n ;I T ?- m O?O e " x ??no ? 9 n 6 9 . o^ ;p WES e m m c ? C N . 4. M L ?m? @ 3 >8 n a S \ C u, S . T ?O ? T N q n 0? ' ,y m R q a? LY ? t[k e?? '444 0 3 m v m c z O r_ -1 ? s ..• ? ' (O OD J iT N A W N ? m O Z N? 3 ?4 N A W N O N r m m .cP r r ? T ? m p a v m m v - °a m N Cl) o - $ D , o N) cD d o A z o A D 2 a n, > F" ?z 0 A A •.v ? yy X m ? (O °i ? 8s rZD 10 C n OD 3 8 ?m? m on m Iz m 3 o rn Z g f Am a ?v o >O? O ) 0 D W D 3 = n D D j o > 85 Jo 7C m = a - w Cl) m W c O N m z o O ? Z ° Z m R p { m r < o a O 3 D g / a ` 46 a Ril - 0090 Sa ??? m °? ffm? pp m ? o' a m a na °_;o moa ;, ? m t„ ° vgg; SR ro? O e° " Q u2 0° 0. ?; ? ?m°v mro ?r r sNi ?3 ? ?o ?; p, h fk, 75 e? I r , p m n Y m ? 3 ' q . J:i °3 m8Sy l"53 Sa G 0 ? n ; j y ,°? 0 ? w. 6? t 4i'VY?Y? #YYm COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which EMC Mtg Corp is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 3rd day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4902, at the suit of Washington Mutual Bank F A against Jeffrey E Price & Laura A is duly recorded in Sheriff's Deed Book No. 263, Page 3898. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this as day of , A.D2004 Ajf??, ??r?y? "Recorder of Deeds MY C0MMW8JM El*n ft First MAY Of JM 2M Washington Mutual Bank, FA successor by In The Court of Common Pleas of Merger to Washington Mutual Home Loans Cumberland County, Pennsylvania Inc f/k/a PNC Mortgage Corporation Writ No. 2002-4902 Civil Term Of America VS Jeffrey E. Price and Laura A. Price Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on December 08, 2003 at 10:33 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jeffrey E. Price and Laura A. Price, by making known unto Laura Price, personally and wife of Jeffrey E. Price, at 265 W. Ridge Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 8:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey E. Price and Laura A. Price located at 421 N. Bedford Street, Carlisle, 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: Jeffrey E. Price and Laura A. Price, by regular mail to their last known address of 265 W. Ridge Street, Carlisle, PA 17013. These letters were mailed under the date of January 12, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Bonnie Dahl for EMC Mortgage Corporation. It being the highest bid and best price received for the same, EMC Mortgage Corporation of 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75014-1358, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $977.61. Sheriffs Costs Docketing $30.00 Poundage 19.17 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 400.25 Patriot News 270.97 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 977.61 Sworn and subscribed to before me This 30 9-:day of 2004, A.D.4S/ay 6thonotary So Answers: R. Thomas Kline, Sheriff BY SIJ Yh Real Estate eputy W111- PAII? 30 er-4L I-`", J&„ X2 733 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS COPY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4902 AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, Plaintiff in the above action, by its attorney, BONNIE DAHL, 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 421 N. BEDFORD STREET CARLISLE, PA 17013: Name and address of Owner(s) or Reputed Owner(s): JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:NONE 4. . Name and address of the last recorded holder of every mortgage of record: WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PNC MORTGAGE CORP. OF AMERICA 600 GRANT STREET PITTSBURGH, PA 15219 BALTIMORE AMERICAN MORTGAGE CORP 66 MAIN STREET BRANCO. NY 15219 CHASE MANHATTAN BANK 66 MAIN STREET BRANCO, NY 15219 5. Name and address of every other person who has any record lien on the property: 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: DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 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: TENANT(S)/OCCUPANT(S) 421 N. BEDFORD STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, VS. JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS COPY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.02-4902 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY E. PRICE 421 N. BEDFORD STREET CHARLISLE, PA 17013 Your house (real estate) at: 421 N. BEDFORD STREET CARLISLE, PA 17013 is scheduled to be sold at Sheriff's Sale onMARCH 3, 2004 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1COURTHOUSESQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $73,585.67 obtained by WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA against you. 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 canceled if you pay to WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 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 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 (717)240-6390. 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 a 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 no later thanAPRIL 3, 2004 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1COURTHOUSESQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Id-._.c?, P2IRCEL #) : Q 3. - 0 - 28 Q 0 - l E:2 z?szs a?ev x?iS.?.P`. T:^:8 o?'r '-'" clay o£ July, in the year c,? our Lord one- thousrn.d as i.ne hunHraH ninety-cigh.t (1998) 4.STFKEFSt S.MF1Rry D. S'h^.eSm .ALSa I lllMi3.p_Ly A- SHmSY., hu.rrband and wife, o£ Ca.rl:i®le, Cunt 6.=lmnd Ccaznty, .Pnxxrssa?rI.vanix, h=reinaftar (Grerntora) sad .a F'FP$FY B. ?P„SCE .A1W.D LAURA A. FHSCS, kxuaband and Wife' of CarliGle, Cumberland County, Panncylvans,d hereinafter fcrantaaa) h"=2'NESSETE, that in coneidcratie;i. of Sixty-eight Thauesand anLd 00/100 ($68,000.00) in hand paid, --ha receipt whereof is hereby aoY.nowlc.clged, the esid grmnto=s do hereby grant and convey to the said grantees, t.hei..r hetrs and asmlgns as tenants by the entireties. that.carta_n piece or parcel of ground cf Ca.rl is lc:., Curnt.crland CounC ¢?.CUS.^.e in tun Hcrougt, 5'• Pensxeylvaria, dcSCribed an acG_orl_. e urith .he surera_y e£ Stephen C. rizher, R.S., dated Nar' 20, 1921' vkG +alT aws: II.uc;x!'W-]7NC3 at e, point on L'he eduth side o: North DedEo=d said point baing ',.56.7 feet .zorth aS the crzatarline Of ulm 2tr?_tit; tU -no® ?a,.ta.s2c?.i^g alrang ttze eolith e:3e aP North Hedco=d Street, h:e:-th 49 d,egr?ae 49 Minx tea F-'aat 25.73 te.et?to a point; thence- ra:t?RC::..:!.g along the lands now or £c+rBnera.}^ of .Aaron E. ?-'arman `ari+y ba®ci.ng t?_uM Cana _rjj c._ a kart=_tynn we- ".l, ?cuth 40 de.grae6 11 minutes E.ast `ewe Co =_ ' c =t; (2) youth 66 dh greeem 00 mi:zutee 20 sccont5o _.aet 45.20 -fe_t to a point on the north s;ida of an alley; thence a.^_o 7 said Fn11 ey, .9oat.h 24 dega:-eem 02 n-am Ltav Wez;t 25.17 feet to z. r c5.::t; t?.ence c>?tuzic? :. along thaa land. now or formerly o£ Enfi3e the £ol louring axwo cou=rses rind rTiaf taaxoea: (l) North E3 dFCr(e.e 53 m:nutcs West, 5x.43 feet to a po=ur; (2) North 40 dcor?tss 11 mi.rxut tee: tid?st 52.50 faat to tFne place cf £EGS131d.T.2TG. T_ M'74 :NG thaa- n cre ote::i t.I"e 0uthe_n. 2aal f of a two-story £ramR dwe^.l2i.ng hc,uoe known 4?aa numbered emu. 42x North aedford Street Carlic':.?, P.% 17011'3. " BEING THEE SAME PREMISES WHICH JEFFREY D. SHENK, ET[JX BY DEED DATED JULY 1998 ANID RECORDED ILLY 31. 1998 IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 182, PAGE 608, GRANTED AND CONVEYED UNTO JEFFREY E. PRICE AND LAURA A. PRICE. HTUSBA,ND AND R%).I THE MORTGAGORS HEREIN. SPEAR & HOFFMAN, F.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF, vs. JEFFREY E. PRICE LAURA A. PRICE DEFENDANTS COPY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.02-4902 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LAURA A. PRICE 421 N. BEDFORD STREET CHARLISLE. PA 17013 Your house (real estate) at: 421 N. BEDFORD STREET CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale onMARCH 3, 2004at: CUMBERLAND COUNTY COURTHOUSE 2' FLOOR, COMMISSIONERS HEARING ROOM ICOURTHOUSESQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $73,585.67obtained by WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 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 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 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. 1 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 a 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 no later thanAPRIL 3, 2004. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Jt ? ,!moo-d'? `/iIC?...I?.Gc. PARCEL N : R:, -:: 0 -18 D D - Y E?'2 TE£Y5 $F,EB ]MlFS)? TTiB ell °-" da.y d£ July, in tMe yacr o£ our Lord ona thousanfl n inehundred ninety-a3gh.C (2998) SE2N+a£EZ.T SEFFB.EY U. SLIMI . Allm XINM$P.LY Za. sffm4c, huebal2d and wife, oA Garlimle, G+.s.rttb¢.r:..st+d County, P¢rsie'ylvania, h°reina£tes (Crsntorm) 3xxd. .7GFFR7EY R. P.&ZCE AND Ta UFA A. PP-ZCS, h+seband -M:l a£ CarJ.zele, CUmboCland Country, Pew wylvania. heraina£ter (Grantaee) W1Tr4Z99ETY_, that in ccnsidera*_i= o£ Sixty-might Thoaeand rind eojaoo ($68,000.00) in hand paid, the receipt whereof ;LS hereby acknowledged, tjSe amid gr®ntera do hereby grant and convey to the ryalcl gsmnteem, their Beira and assigna as tenants by the anti..re tiezv. I P..L,.. tixat . o?rtai n piece ar parcel oi! ground a,tuate L n the Borough C, Carlisle:, cumberland covmty, Pennaylvani , descriiaod In accoz-dance with the Z": ey Of Stephen v. Fi.$herr •S., dated May 20, 29el, as fl.lowsz L'S ST7AT'L'NG of a point on --he Fc?ut_h .ei.5.e of Z3 rth DH_aford mn=aCt Braid Point t*c=.ing 156.7 feet nortri of the ce4ater2.ine cf EIm 5tra.?t thence exCCndin3 slang the 0outk_ 0-de of North uedfcr" Street, Nn^C.:: 4.3 C7',2CLees 4:9 M:LnlY Ze a. Gt 1.?5 f-' =' :O a po int7 Chen=e e.xt?::ding along the lands now or forme rly o£ Aaron E. 3iarman 2;:h< r :aa fo2 ). o.?,,:izxg cn..;.-t r,: and c:iet rxacf !i) Paacin¢ trough t ?c rte- __ . ;,?aW tition wall, 6nutri. 40 devre•pa 11 mimutee East 52.50 ?eaaG :.o^a Pointy (Z) South 6's u'egrasG Oc M_4=utea ZO aceonds L. •'L5.2;1 feet tc? a po'..xx.t as the north arxdc of an allzy; thence a.lc^c ?.id a:.lel?, Couth 24 drgV'•,-&M 02 n_iznL.tea Tdest 25.17 pct to z Via.^. S. yet; thence ca::te?rad:»:zg alenq the. !and ztc,w or forMw_ziy of Pxt xzx .;n=3C the £G1:..Ow ink two ecuu=aem arLd 6fiL-rtkTA nom': :.'.,) t34:rth cs degrc.em N9 minutes Ness, 5`.43 feat to a point; (2) North 40 6r_gx-ae -I mz:i;:^: ees went S2.S0 tee-t- to the p.laca of 3EGSivt¢ICNG.. F-WZL4a t'_'ze=?tn erected tYza ocvclzern fialf of a two-atary Eramc dwe.l li:ag 2avu®e b;no?,vn £.7:3 riumb?rvc c.u 42;, jT=rtn and BEING T Hl: SAME PREN-ISES WHICH JEFF REYD, SHENK, ETUX BY DEED DATED JULY 31,1998 AND RECORDED JULY 31, 1998 PNI 1'14E. RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY. PENNSYLVANIA IN DEED BOOK VOLUME 182, PAGE 608. GRANTED AND CONVEYED UNTO JEFFREY" E. PRICE AND LAURA A. PRICE, IT1SSAND AND WIFE, THE MORTGAGORS HEREIN. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4902 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, Plaintiff (s) From JEFFREY E. PRICE AND LAURA A. PRICE (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 $73,585.67 Interest $1,161.24 Arty's Comm % Arty Paid $127.90 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary REQUESTING PARTY: Name BONNIE DAHL, ESQUIRE Address: 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, N.J. 08034 Attorney for: PLAINTIFF Telephone: 856-755-1560 Deputy Supreme Court ID No. 79294 Real Estate Sale # 63 On December 05, 2003 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 421 N. Bedford St., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 2003 By.,j C C{ v?iiti? Real Estat Deputy c Cg-e ?>t B j`L" 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 81,2 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 dire tors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Cq?ty' of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. I 1-4 PUBLICATION ........................................................... '/ COPY Sworn to and subscrib before thi 23rd day of ebru 004 A.D. S A L E #63 Nota` al Se / REAL ESTATE SALE No. 63 Terry L. Russ tary Public Writ No. 2002-4902 City Of Harrisburg, Dauphin Coun Civil Term My Commission Expires June 6, 2006 NOT .AY PUBLIC Washington Mutual Bank, FA Member, Pennsylvania Association Of NotarieNy commission expires June 6, 2006 successor by merger to Washingto"utual Home Loans Inc. CUMBERLAND COUNTY SHERIFFS OFFICE f/k/a PNC Mortgage CUMBERLAND COUNTY COURTHOUSE Corporation of America CARLISLE PA 17013 Vs , . Jeffrey E. Price and Laura A. Price Statement of Advertising Costs Atty: Bonnie Dahl To THE PATRIOT-NEWS CO., Dr. DESCRIPTION For publishing the notice or publication attached heret th b ALL THAT CERTAIN piece or parcel of o On e a ove stated dates ground situate in the Borough of Carlisle, Total $ 270.97 Cumberland County, Pennsylvania, described in accordance with the survey of Stephen G. Fisher, R.S., dated May 20. 1981, as follows: Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ........................................................... BEGINNING at a point on the south side of North Bedford Street. said point being 156.7 feet north of the centerline of Elm Street; thence extending along the south side of North Bedford Street, North 49 degrees 49 minutes East 25.75 feet to a point; thence extending along the lands now or formerly of Aaron E. Harman the two following courses and distances: (1) Passing through the center of a partition wall, South 40 degrees I1 minutes East 52.90 feet to a point; (2) South 66 degrees 00 minutes 20 seconds East 45.20 feet to a point on the north side of an alley; thence along said alley, South 24 degrees 02 minutes West 25.17 feet to a point; thence extending along the land now or formerly of Arthur G. Enck the following two courses and distances: (1) North 63 degrees 59 minutes West, 56.43 feet to a point; (2) North 40 degrees I I minutes West 52.90 feet to the place of BEGINNING. HAVING thereon erected the southern half of a two-story frame dwelling house known and numbered as 421 North Bedford PA 17013 Street, Carlisle, . BEING THE SAME premises which Jeffrey D. Shenk, et ux, by DeedAated July 31, 1998 and recorded July 31, 1998 in the76corder's Office in and for Cumberland County, Pennsylvania, in Deed Book Volume 182, Page 608, granted and conveyed unto Jeffrey E. Price and Laura A. Price, husband and wife, the Mortgagors herein. TAX PARCEL NO.: 02-20-1800.182. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE No. 63 Writ No. 2002-4902 Civil Washington Mutual Bank, FA successor by merger to Washington Mutual Home Loans Lisa Marie Coyne, Ed' or Inc., f/k/a PNC Mortgage Corporation of America vs. Jeffrey E. Price and Laura A. Price Atty.: Bonnie Dahl 25925-Milkes this Deed Parcel #: 02-20-1800-182 made the 31st day of July, in the year of our Lord one thousand nine hundred ninety- eight (1998) between Jeffrey D. Shenk and Kimberly A. Shenk, hus- band and wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter (Grantors) and Jeffrey R. Price and Laura A. Price, hus- band and wife, of Carlisle, Cumberland County, Pennsylvania hereinafter (Grantees). WITNESSETH, that in consider- ation of Sixty-eight Thousand and 00/100 ($68,000.00) in hand paid, SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 NOTARIAL SEAL U LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 the receipt whereof is hereby ac- knowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns as tenants by the entireties. ALL that certain piece or parcel of ground situate in the Borough of Carlisle, Cumberland County, Penn- sylvania, described in accordance with the survey of Stephen G. Fish- er, R.S., dated May 20, 1981, as follows: BEGINNING at a point on the south side of North Bedford Street, said point being 156.7 feet north of the centerline of Elm Street; thence extending along the south side of North Bedford Street, North 49 de- grees 49 minutes East 25.75 feet to a point: thence extending along the lands now or formerly of Aaron E. Harman the two following courses and distances: (1) Passing through the center of a partition wall, South 40 degrees 11 minutes East 52.90 feet to a point; (2) South 66 degrees 00 minutes 20 seconds East 45.20 feet to a point on the north side of an alley; thence along said alley, South 24 degrees 02 minutes West 25.17 feet to a point; thence extend- ing along the land now or formerly of Arthur G. Enck the following two courses and distances: (1) North 63 degrees 59 minutes West, 56.43 feet to a point; (2) North 40 degrees 11 minutes West 52.90 feet to the place of BEGINNING. HAVING thereon erected the southern half of a two-story frame dwelling house known and num- bered as 421 North Bedford Street, Carlisle, PA 17013. BEING THE SAME PREMISES WHICH Jeffrey D. Shenk, et ux by Deed dated July 31, 1998 and re- corded July 31, 1998 in the Record- er's Office in and for Cumberland County, Pennsylvania in Deed Book Volume 182, Page 608, granted and conveyed unto Jeffrey E. Price and Laura A. Price, husband and wife, the mortgagors herein.