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HomeMy WebLinkAbout02-5131FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 9451 CORBIN AVENUE-MAILSTOP N010204 NORTHBRIDGE, CA 91324 Plaintiff RANDY L. LAWRENCE 234 FOX DRIVE MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5924478935 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERW~ISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 9451 CORBIN AVENUE-MAILSTOP NO 10204 NORTHBRIDGE, CA 91324 The name(s) and last known address(es) of the Defendant(s) are: RANDY L. LAWRENCE 234 FOX DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/16/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1405, Page 727. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 2/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 1/1/01 through 10/1/02 (Per Diem $42.59) Attorney's Fees Cumulative Late Charges 9/16/97 to 10/1/02 Cost of Suit and Title Search Subtotal $197,395.63 22,061.62 1,000.00 1,402.39 550.00 $222,409.64 Escrow Credit 0.00 Deficit 5,489.09 Subtotal $5,489.09 TOTAL $227,898.73 The attorney% 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIZ'F demands an in rem Judgment against the Defendant(s) in the sum of $227,898.73, together with interest fi.om 10/1/02 at the rate of $42.59 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. F RMANAN~DPH ~. , P ~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN piece or parcel of land known and designated as Lot No. 41, Block B, Section 7 of Indian Creek, situate in Hampden Township, Cumberland County, Pennsylvania, as prepared by D.P. Raffensperger, R.S., dated April 4, 1973 and filed in the Recorder of Deeds Office of Cumberland County in Plan Book 23, Page 170, more particularly bounded and described as follows, to wit: BEGINNING at a point on the East side of Fox Drive, said point being a distance of 1441.31 feet North of the intersection of the North side of Indian Creek Drive and the East side of Fox Drive; thence by the East side of Fox Drive, North 28 degrees 30 minutes West, a distance of 85 feet to a point on the line of Lot No. 1; thence by same and Lot No. 2, North 61 degrees 30 minutes East, a distance of 150 feet to a point on the line of Lot No. 4; thence by same and Lot No. 5, South 28 degrees 30 minutes East, a distance of 85 feet to a point on the line of Lot No. 40; thence by same, South 61 degrees 30 minutes West, a distance of 150.00 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two story house known and numbered as 234 Fox Drive, Mechanicsburg, PennsyIvania. TAX PARCEL//10-20-1844-058 ?P.I~SE BEING: 234 FOX DRIVE VERIFICATION KAREN BATT hereby states that she is VICE PRESIDENT of WASHiNGTON MUTUAL BANK, F.A. mortgage servicing agent for PlaintitTin this matter, that she ts autholized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, intbrmation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-05131 p COMMONWEALTH OF PENNSYLVA2qIA COLrNTY OF CUMBERLAND WASHINGTON MUTUAL HOME ET AL VS LAWRENCE tlANDY L R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, LAWRENCE P~ANDY L unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT in his bailiwick. but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , LAWRENCE RANDY L PER NEIGHBOR, HOUSE HAS BEEN VACANT A YEAR. POST OFFICE IS STILL DELIVERING DEFENDANT.S MAIL TO THIS ADDRESS. Sheriff's Costs: Docketing 18.00 Service 7.59 Not Found 5.00 Surcharge 10.00 .00 40.59 FEDERMAN & PHELAN 11/07/2002 Sheriff of Cumberland County Sworn and subscribed to before me this ~- day of ~ o2~ A.D. P~o~honotary ' ~ FEDERMANAND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA '19103 (215)563-7000 Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION VS. RANDY L. LAWRENCE Defendants Cumberland County : No.02-5131 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSUR~ TO THE PROTHONOTARY: Kindly 'reinstate the Civil Action in. Mortgage with reference to the above captioned matter. Foreclosure Date: DECEMBER 6, 2002 Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS INC., F/FdA PNC MORTGAGE CORP. OF AMERICA 9451 CORBIN AVENUE-MAILSTOP NO10204 NORTHBRIDGE, CA 91324 Plaintiff, V. RANDY L. LAWRENCE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5131 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RANDY L. LAWRENCE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/2/02 to 1/22/03 TOTAL $227,898.73 $ 4,812.67 $232,711.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: *~./..~. ~ /~/ ~.~. PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56:~-7000 WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff vs. RANDY L. LAWRENCE Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-5131 Defendant (s) TO: RARDY L. LAWRENCE 5405 JOSHUA ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 9, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTIC~ You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 L~ERTY AVENUE CARLISLE, PA 17013 (717) 249-3 166 F~ank Federman, Esquire Attorney for Plaintiff SHERIFF,S RETURN _ REGULAR _.CASE NO: 2001-03839 p COMMONWEALTH OF COUNTy OF PENNSYLVA/~iA: CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS LAWRENCE RANDY L VALERIE WEARY _, Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania· who being duly SWorn according to law, says, the within COMPLAINT _ MORT FORE was served upon LAWRENCE RANDy L DEFENDANT the · at 1256:00 HOURS· on the 19th day of December , 200___~2 at 5405 JOSHUA ROAD MECHANICSBURG, PA 17055 SHARON LAWRENCE, WIFE OF DEFT by handing to AND ADULT IN CHARGE a true and attested copy of NOTICE COMPLAINT - MORT FORE together with and at the same time directing He~r attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.59 .00 10.00 .00 35.59 SWorn and Subscribed to before me this ~ day of So Answers: 12/20/2002 FEDERJYULNtL~TD PHELAN Sy: .[ . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, V. RANDY L. LAWRENCE Defendant(s). No. 02-5131 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/23/03 to 6/11/03 (per diem -$38.25) TOTAL $232,711.40 ~' $ 5,355.00 and Costs $238,066.40 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. · Ho. 2 llorth 6X d~g~ue~ 30 1L:Lnl 1441,31 rsa~ no~b o~ Ele~ · d~s~t o~ IS BEING KNOWN AS 234 FOX DRIVE, MECHANICSBURG, PA 17055. TAX PARCEL # 10-20-1844-058 TITLE TO SAID PREMISES IS VESTED IN Randy L. Lawrence by reason of the following: BEING THE SAME premises which Mitchell D. Houser and Barbara H. Houser, his wife by Deed dated 3/5/1986 and recorded 3/24/1986 in the County of Cumberland in Deed Book 4, Volnme 31, Page 5 conveyed unto ]Randy L. Lawrence and Paula R. Lawrence. AND ALSO BEING THE SAME premises which R~ndy L. Lawrence and Paula R. Lawrence, husband and wife by Deed dated 9/16/1997 and recorded 9/18/1997 in the County of Cumberland in Deed Book 164, Page 77t conveyed unto Randy L. Lawrence. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 9451 CORBIN AVENUE-MAILSTOP NO10204 Plaintiff, V. RANDY L. LAWRENCE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5131 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RANDY L. LAWRENCE is over 18 years of age and resides at, 5405 JOSHUA ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, V. RANDY L. LAWRENCE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5131 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUI~- Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, V. RANDY L. LAWRENCE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5131 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL HOME LOANS INC. F/K/A PNC MORTGAGE CORP. OF AMERICA, Plainti££in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets £orth as o£the date the Praecipe £or the Writ o£Execution was filed the following in£ormation concerning the real property located at 234 FOX DRIVE MECHANICSBURG PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDY L. LAWRENCE 5405 JOSHUA ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nam e THE PEOPLES STATE BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 E. KING STREET EAST BERLIN, PA 17316 4. Name and address of last recorded holder of every mortgage of record: Name PNC BANK, NA GREEN TREE CONSUMER DISCOUNT COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 4242 CARLISLE PIKE CAMP HILL, PA 17001 3401 HARTZDALE DRIVE, STE. 118 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name INDIAN CREEK RECREATION CLUB Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) PAWNEE DRIVE MECHANICSBURG, PA 17050 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 234 FOX DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE FRANK FEDE~iRE Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, V. RANDY L. LAWRENCE Defendant(s). TO: RANDY L. LAWRENCE 5405 JOSHUA ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 02-5131 January 29, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFOILMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 234 FOX DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $232,711.40 obtained by WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. O1,' AMERICA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: .(215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ---.,sz oOES TAKE PLACE. ~,,~ fsi, yE OTHER 1. If the Sheriffs Sale is not stopped, find out the pr/ce bid by calling ~o. ur property will be sold to the highest bidder. You may 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sher/ffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is Wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEy REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 BEING THE SAME premises which Mitchell D. Houser and Barbara H. Houser, his wife by Deed dated 3/5/1986 and recorded 3/24/1986 in the County of Cumberland in Deed Book 4, Volume 31, Page 5 conveyed unto Randy L. Lawrence and Paula R. Lawrence. AND ALSO BEING THE SAME premises which Randy L. Lawrence and Paula R. Lawrence, msband and wife by Deed dated 9/16/1997 and recorded 9/18/1997 in the County of Cumberland in )eed Book 164, Page 771 conveyed unto Randy L. Lawrence. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5131 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff (s) From RANDY L. LAWRENCE (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 DueS232,711.40 L.L.$.50 Interest FROM 01/23/03 TO 06/11/03 (PER DIEM -$38.25) $5,355.00 AND COSTS Due Prothy $1.00 Other Costs Atty's Corem % Atty Paid $153.18 Plaintiff Paid Date: FEBRUARY 3, 2003 CURTIS R. LONG Prothonot~/ ~ (Seal) By: ~ _~..~/~ ~ t,~-~:~, ~ Z Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQ Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 PLAINTIFF .aFFIDAVIT OF SERVICE WASHINGTON MUTUAL HOME LOANS INC., F/K/A PNC MORTGAGE CORP. OF AsMERICA DEFENDANT(S) RANDY L. LAWRENCE SERVE RANDY L. LAWRENCE AT 5405 JOSHUA ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY ICMD No. 02-5131 ACCT. #5924478935 Type of Action - Notice of Sheriff's Sale Sale Date: 6/11/03 Served and made known to ?~c~ k t at /g),'b~, o'clock ~__.m., at ~'-~44y'5'-' of Pennsylvania, in the manner described below: 0~.tSERVED Defendant, on th,: /$ ~ day of ~J(~L~ , 200_~ ~x.4.) ~ke~r{~,Ox]O'~.C:~ ~.~ ,Commonwealth efendant personally served. dult family member with whom Defendant(s) reside(s). Relationship is__ '~ __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Age -~-5''''' Height ,5' lc Weight I -~O Race ~ ~tSex L''2- Other Descrillti°n:~ I, I~_ [& ¢ ¢ ~c ~.. ],,f){..~.~./Vt' ~'~', a competent adult, being duly sworn according to la_w, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued m me cal~l~l~~, d~,~ a,'~ .... 3~at the address indicated above. !El.l~_ M'_J0~,l~~l""l"""*' _ ! / t~reene T~., Franklin C.,ounly J Sworn to and subscribed -- ~-." ............ before.me this a,~ ~day /'~ ,o of/ tcq ,200_3 /,/// lq tav3 y: _ P ATTEMP LI~AST 3 TIMES. IN S OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at __ o'clock __.m., De, fendant NOT FOUND because: __ Moved __ Unknown__ No Answer __ Vacant 1st Attempt: / / Time: · 2aa Attempt: / / Time: · 3rd Attempt: / / Time: · Sworn to and subscribed before me this ~ day of ,200 _. NotarT: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA RE: WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERIICA ) CIVIL ACTION ) VS. RANDY L. LAWRENCE ) CIVIL DIVISION ) NO. 02-5131 AFFIDAVIT OF SERVICE PURSUANT TO RULE 312,q COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Cumberland ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL HOME LOANS~ INC. F/K/A PNC MORTGAGE CORP. OF AMERIICA hereby verify that on January 22, 2003 and April 22, 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: June 4, 2003 ~F-RANK FEDERMAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the SherifFs Deed in which Washington Mutual Home Loans Inc is the grantee the same having been sold to said grantee on the 1 lth day of June A.D., 2003, under and by virtue of a writ Execution issued on the 3rd day of Feb, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5131, at the suit of Washington Mutual Home Loans Inc against Randy L Lawrence is duly recorded in Sheriff's Deed Book No. 257, Page 4746. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 day of  A.D. 2003 "~a~ (~, t~Or~ Of.~der of Deeds Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage Corp. of America VS Randy L. Lawrence In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5131 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on February 05, 2003 at 1:27 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Randy L. Lawrence, by making known unto Sharon Lawrence, wife of defendant, at 5405 Joshua Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 09, 2003 at 11:34 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randy L. Lawrence located at 234 Fox Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Randy L. Lawrence, by regular mail to his last known address of 5405 Joshua Road, Mechanicsburg, PA 17257. This letter was mailed under the date of April 4, 2003 and never returned to the Sheriff's 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 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America. It being the highest bid and best price received for the same, Washington Mutual Home Loans, Inc., f/lc/a PNC Mortgage Corp. of America of 9451 Corbin Ave., Mailstop N010204, Northbridge, CA 91324, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $864.23. Sheriffs Costs: Docketing $30.00 Poundage 16.95 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonota~ 1.00 Mileage 17.94 Certified Mail Levy 15.00 Surcharge 20.00 Law Journal 321.20 Patriot News 281.89 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 864.23 Sworn and subscribed to before me This t/~ day of (-.,~d7 2003,^.D. ProtHonotary R. Thomas Kline, ~heriff Real Estate Deputy Real Estate Sale # 06 On February 4, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 234 Fox Dr., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 4, 2003 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .................... ...~.......~..~ ............ Sworn to T~nd s~'jib~ed~before ~.? ;~/d:y.~,,~,~.D. - ' My Commission Ex, res Ju~e 6, 2006 NOTARY PUBLIC - Member. Pennsv~veni~ As~ci~onOfNO~Scommission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 280.14 $ 1.75 $ 281.89 Publisher's Receipt for Advertising Cost ., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general ledge receipt of the aforesaid notice and publication costs and certifies that the same have 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: APRIL 25, MAY 2, 9, 2003 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. NO. 6 Writ No. 2002-5131 Civil Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp, of America Randy L. Lawrence Atty.: Frank Federman ALL THAT CERTAIN lot or tract of land known /md designated as Lot No. 41. Block D, Section 7 of In- dian Creek. Hampden Township. Cumberland County. Pennsylvmxia. as prepared by D. P. Raffensperger. R. $.. dated April 4. 1973 and filed in the Recorder of Deeds Office of Cumberland County in Plan Book 23. Page 170. BEGINNING at a point on the East side of Fox Drive. said point lng a distance of 1441.31 feet north of the intersection of the north side of Indian Creek Drive and the east side of Fox Drive: thence by the east side of Fox Drive North 28 degrees 30 minutes West a distance of 85 feet to a point on the line of Lot No. 1: thence by same and Lot No. 2 North 61 degrees 30 minutes East a distance of 150 feet to a point on the line of LOt No. 4: thence by same and lx~t No. 5 South 28 de~/rees 30 minutes East a distance of 85 feet to a point on the line of Lot No. 40: thence by saxne South 61 degrees 30 minutes West a distance of I50 feet to a point the place of BEGIN- NING. HAVING THEREON ERECTED a two story house known and num- bered as 234 Fox Drive, BEING KNOWN AS 234 FOX DRIVE, MECHAN1CSBURG, PA 17055. e Co r SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003_ BEGINNING at a point on the East side of Fox Drive, said point hug a distance of 1441.31 feet north of the intersection of the north side of Indian Creek Drive and the east side of Fox Drive; thence by the east side of Fox Drive North 28 degrees 30 minutes West a distance of 85 feet to a point on the line of Lot No. 1; thence by same and Lot No. 2 North 61 degrees 30 minutes East a distance of 150 feet to a point on the line of Lot No. 4: thence by stone and I.~t Rio. 5 South 28 def!rees 30 minutes East a distance of 85 feet to a point on the line of Lot No. 40: thence by same South 61 degrees 30 minutes West a distance of 150 feet to a point the place of BEGIN- NING. HAVING THEREON ERECTED a two story house known and num- bered as 234 Fox Drive. BEING KNOWN AS 234 FOX DRIVE, MECPIAN1CSBURG, PA 17055. TAX PARCEL #I0-20-1844-058. TITLE TO SAID PREMISES IS VESTED IN Randy L. Lawrence by reason of the following: BEING THE SAME premises which Mitchell D, Houser and Bar- bara H. Bouser, his wife by Deed dated 3/5/1986 mud recorded 3/ 24/1986 in the County of Cumber- land in Deed Book 4, Volume 31. Page 5 conveyed unto Randy L. Law- rence and Paula R. Lawrence, AND ALSO BEING THE SAME pr~mises which Randy L, Lawrence and Paula R. L~vrrence, husband and wife by Deed dated 9/16/1997 and recorded 9/18/1997 in the County of Cu~aber]and in Deed Book 164, Page 771 conveyed unto Randy L. Lawrence.