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07-0666
PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148177 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q 1 - (,,?L 0,-,, G C CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148177 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148177 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 148177 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 148177 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/27/1990 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 970, Page: 751. By Assignment of Mortgage recorded 03/27/1990 the mortgage was Assigned To BANC BOSTON MORTGAGE CORPORATION which Assignment is recorded in Assignment Of Mortgage Book No. 378, Page 345. Said mortgage was modified as set forth in the modification agreement dated 04/09/1991, in Mortgage Book No. 395, Page 1099. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 148177 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $33,736.13 Interest $1,986.60 07/01/2006 through 01/31/2007 (Per Diem $9.24) Attorney's Fees $850.00 Cumulative Late Charges $340.05 03/27/1990 to 01/31/2007 Cost of Suit and Title Search 750.00 Subtotal $37,662.78 Escrow Credit $0.00 Deficit $372.01 Subtotal 372.01 TOTAL $38,034.79 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principle balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 148177 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $38,034.79, together with interest from 01/31/2007 at the rate of $9.24 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP -4? By: /s/Fra cis S. allinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148177 LEGAL DESCRIPTION ALL that certain lot or piece of land, with the buildings, and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; extending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the south, North eighty-four degrees fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot; thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one- hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty-five one-thousandths of a foot to the place of BEGINNING. File #: 148177 BEING all the same premises which John E. Kauffinan, III, and Loretta L. Kauffinan, his wife, by their Deed dated September 30, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book P-33, Page 135, grated and conveyed unto Douglas E. Kauffinan and Marlean J. Kauffinan, his wife, Grantor herein. File #: 148177 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. f Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: I/ 31/a ? S, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. vs. Edward J. Moran, III Civil Division No. 2007-666 Civil Term ORDER AND NOW, this day of 2007, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Edward J. Moran, III, by: 1. Posting of the premises: 165 Susquehanna Avenue, Enola, PA 17025. 2. First class mail to Edward J. Moran, III at the mortgaged premises located at 165 Susquehanna Avenue, Enola, PA 17025; and 2 3. Certified mail to Edward J. Moran, III at the mortgaged premises located at 165 Susquehanna Avenue, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. 3 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 e-mail jason.ricco@fedphe.com Washington Mutual Bank, F.A. VS. Edward J. Moran, III Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 2007-666 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Edward J. Moran, 111, by first class mail and certified mail to the Defendant at the mortgaged premises, 165 Susquehanna Avenue, Enola, PA 17025, posting of the mortgaged premises, 165 Susquehanna Avenue, Enola, PA 17025 and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Edward J. Moran, III, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 165 Susquehanna Avenue, Enola, PA 17025 As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", there were numerous attempts made, but no one would answer the door. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of April 24, 2007, there has been no other ruling on this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on April 10, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's April 10, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of April 24, 2007 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Z Y:P . April 24, 2007 Attorneys for Plaintiff 5 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 e-mail jason.ricco.@fedphe.com Washington Mutual Bank, F.A. vs. Edward J. Moran, III Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 2007-666 Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 6 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or parry in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan -gcliieg, LLP Dame ieg, Esquire Attorney for Plaintiff Date: April 24, 2007 7 SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-00666 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINTON MUTUAL BANK F A VS MORAN EDWARD J III R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MORAN EDWARD J III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT SERVED , as to , MORAN EDWARD J III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 OBVIOUSLY SOMEONE HOME, ON NUMEROUS ATTEMPTS BUT NO ONE WOULD ANSWER DOOR. Sheriff's Costs: So answer` Docketing 18.00 Service 43.20 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 71.20 PHELAN HALLINAN SCHMIEG 03/05/2007 Sworn and Subscribed to before me this day of A. D. ?n ti?e;+ Q FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 148177 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Edward J. Moran III Property Address: 165 Susquehanna Avenue, Enola, PA 17025 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Edward J. Moran III - xxx-xx-8706 B. EMPLOYMENT SEARCH Edward J. Moran III - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Edward J. Moran III reside(s) at: 165 Susquehanna Avenue, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Edward J. Moran III. B. On 01-23-07 our office made several telephone calls to the phone number (717) 732- 4916 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 01-23-07 our office made several phone calls in an attempt to contact Robert N. Fegley (717) 732-5745,145 Susquehanna Avenue, Enola, PA 17025: no answer. On 01-23-07 our office made several phone calls in an attempt to contact James M. Heisey (717) 732-8653,149 Susquehanna Avenue, Enola, PA 17025: no answer. On 01-23-07 our office made a phone call in an attempt to contact Michael Elsesser (717) 728-9504,163 Susquehanna Avenue, Enola, PA 17025: spoke with an unidentified female who could not confirm that the subject reside(s) at 165 Susquehanna Avenue, Enola, PA 17025. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-23-07 we reviewed the National Address database and found the following information: Edward J. Moran III -165 Susquehanna Avenue, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Edward J. Moran III. VI. OTHER INQUIRIES A. DEATH RECORDS As of 01-23-07 Vital Records and all public databases have no death record on file for Edward J. Moran III. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Edward J. Moran III residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Edward J. Moran III - 08-01-1960 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. 1 hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to We r S. the penalties of 18 Pa C.S. Sec. 4904 relating to urWWp f f atiox SEAL qk('? do N '.} iYlr. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. yt '? Sworn to and subscribed before me this 23rd day of January, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND )5xk,LJ c PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department April 10, 2007 Edward J. Moran, III 165 Susquehanna Avenue Enola, PA 17025 Representing Lenders in Pennsylvania and New Jersey RE: Washington Mutual Bank, F.A. vs. Edward J. Moran, III and Premises Address: 165 Susquehanna Avenue, Enola, PA 17025 Cumberland County, No. 2007-666 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 17, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 11 C 0 l 6 l 3000 diZ W0a3 O31]VVi LOQz O4a dv 01086zb000 i p96'00 $ AG z o 53MOH AlN1W G ?1sod s??'° k ? •? W p• 7 '? p ? y m fi'r' u g pb.? OCl1 .r3 ? U 'O y w y U O 0 0 ? K N cr ? ?FAW.r p N ? O ? C Q' .'?'7. v y ? O o ? v H w'' O G 0 0, t0 y ? G ? ? 4 v ? ? .pp [?. G. CG .41 N r--I "+ U d L ? ? C N ?tot a a ^ LLl v G4 ? z W ox,O?a h h d W ? Z * w N V G ro a 2? o 'IT U ? I- I- ?- I' I 0 a W ? J U L y ? o ? w $ L b w z^ N N Ct?+ b o ? a a zH r ? Ha VERIFICATION Daniel G. Schmieg, 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 FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP c ieg, Esquire Attorney for Plaintiff April 24, 2007 8 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 e-mail jason.ricco@fedphe.com Attorney for Plaintiff Washington Mutual Bank, F.A. Court of Common Pleas Civil Division vs. Cumberland County No. 2007-666 Civil Term Edward J. Moran, III CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Edward J. Moran, III : 165 Susquehanna Avenue Enola, PA 17025 9 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phe Hallinan & Schmieg, LLP anie c ieg, Esquire Date: April 24, 2007 Attorney for Plaintiff 10 f) ? ?1 ?: T " , t'V ?. , ' t.S'1 ?{'yj , y '=j?? t-- ? ??i"Ct ? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. EDWARD J. MORAN, III Defendants CUMBERLAND COUNTY No. 07-666 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: April 24, 2007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION P LAN HALLINAN & S HMIEG, LLP By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 148177 3ZIE 35, -.p SHERIFF'S RETURN - NOT SERVED CASE 196: 2007-00666 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINTON MUTUAL BANK F A VS MORAN EDWARD J III R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MORAN EDWARD J III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT SERVED , as to MORAN EDWARD J III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 OBVIOUSLY SOMEONE HOME, ON NUMEROUS ATTEMPTS, BUT NO ONE WOULD ANSWER DOOR Sheriff's Costs: So answ Docketing 18.00 Service 43.20 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 31 0 /0 ? n 7-71.20 PHELAN HALLINAN SCHMIEG 03/05/2007 Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. EDWARD J. MORAN, III Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY No. 07-666 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: December 4, 2007 7LAN HALL N & SCHMIEG, LLP By: S. FRANCIS S. LLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 148177 c a a - lt TI O i DEC 0 4100744 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Civil Division vs. No. 2007-666 Civil Term Edward J. Moran, III : ORDER `th AND NOW, this day of e.Ltm+ e•`r , 2007, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Edward J. Moran, III, by: 1. Posting of the premises: 165 Susquehanna Avenue, Enola, PA 17025. 2. First class mail to Edward J. Moran, III at the mortgaged premises located at 165 Susquehanna Avenue, Enola, PA 17025; and 2 0Z :g WN 9 -- 330 LOOZ 3. Certified mail to Edward J. Moran, III at the mortgaged premises located at 165 Susquehanna Avenue, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: eon y :?1ECC. -16 &-r-? y S , 3 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. EDWARD J. MORAN Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 07-666 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P AN 7LINAN LLP By: FRANCIS S. HALL AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: Januar 3. 2008 Jjmr, Svc Dept. File# 148177 c ` 2 , a c - ? '? 6' y , A PHELAN HALLINAN & SCHMIEG LLP M' By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 X215)563-7000 Washington Mutual Bank, F.A. Plaintiff VS. Edward J. Moran, III Defendant ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 2007-666-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Edward J. Moran, III at 165 Susquehanna Avenue, Enola, PA 17025, on January 4, 2008, in accordance with the Order of Court dated December 5, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: January 3, 2008 F NCIS S. AALLINAN, ESQUIRE Attorney for Plaintiff 7160 3901 984S 3883 0642 TO: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 SENDER: JMR REFERENCE:148177 PS Form 3800 Janus 2005 RETURN Postage .41 RECEIPT SERVICE Certified Fee 2.65 Return Receipt Fee 2.15 Restricted Delivery 0.00 Total Postage & Fees - 5.21 US Postal Service ce f POSTMA Re ipt or - Certified Mail 11 j No Insurance Coverage Provided Do Not Use f r I t ti il l M ro er` _ o n ema ona a p G - ?? ?r _,: ?- { ? ' t? ?) -_, ?1 `r.. ? ?? ? ..?:. ,, ?. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00666 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINTON MUTUAL BANK F A VS MORAN EDWARD J III TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MORAN EDWARD J III DEFENDANT the at 1108:00 HOURS, on the 10th day of January , 2008 at 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 POSTED PROPERTY AT 165 was served upon by handing to SUSQUEHANNA AVE ENOLA 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 14.40 Posting 6.00 Surcharge 10.00 .00 iJ?2f0r ? 48.40 So Answers: l- ! r ter, R. Thomas Kline 01/10/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day ?/ , Deputy Sheriff of A.D. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Washington Mutual Bank, F.A. : Court Of Common Pleas VS. : Civil Division Edward J. Moran, III : Cumberland County No. 2007-666-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated December 5, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on JgEM 7, 2008 and The Cumberland County Law Journal on January 11, 2008. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. rte---- S F ancis S. Halli an, Esquire Date: February 13, 2008 Jason Ricco Service Dept. s 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz January 11, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 11 day of January, 2008 C--4? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 2007-666-Civil Term Washington Mutual Bank, F.A. vs. Edward J. Moran, III NOTICE To Edward J. Moran, III: You are hereby notified that on February 2, 2007 and reinstated De- cember 5, 2007, Plaintiff, Washington Mutual Bank, F.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumber- land County Pennsylvania, docketed to No. 2007-666-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 165 Susquehanna Avenue, Enola, PA 17025 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Jan. 11 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy Whitesel, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tanuary 07, 2008 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. T. _ ? ?+?okat" to No. 2W7406-CM T . p iwt?eup?, ,p0r ppro?r wOUld ba s?oa b4 20 Sworn to and subscribed before me this 08th. day of Tanuary, 2008. 1o deln?d; ! or.0y rt rbr tutu liir?1i11apM?l?tz' *amed tat ut au xul a U9 bWIM rn? zi. tie a "N or -ou r x OW Notary PU41 on 11% Vo At ?nvl?s Ott A r`a trwca REED My commission expires: c 6tOUT14 W b EFT' CAf f PA 17013 COMMONWEALTH OF PENNSYLVANIA (Bt70).99a 9108 Notarial Seal Christina L. Wo fe, Notary Public Carlisle Bono, Cumberland County My Conrnbsion E)Ores Sept. 1, 2008 Member. Pennsvlvanla Association Of Notaries --CM PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 Defendant(s). CIVIL DIVISION NO. 07-666-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against EDWARD J. MORAN, III, Defendant(s) for failure to file an Answer to Plaintiff s 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 02/01/07 to 03/26/08 TOTAL $38,034.79 $3,880.80 $41,915.59 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. c DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 PR PROTH 148177 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY EDWARD J. MORAN, III Defendants :NO. 2007-666-CIVIL TERM TO: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 DATE OF NOTICE: FEBRUARY 13, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 4 ason Ricco, Legal Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, V. EDWARD J. MORAN, III Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-666-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant EDWARD J. MORAN, III is over 18 years of age and resides at, 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?? --? 00 .( c zo V (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, v. EDWARD J. MORAN, III CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-666-CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Notice is given that a Judgment in the above-captioned matter has been entered against you on a7 200. By: If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). No. 07-666-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 03/26/08 TO 09/03/08 (per diem -$6.86) Add'1 Costs TOTAL $41,915.59 $1,109.29 and Costs $2,772.73 $45,797.61 IL- DANIEL G. S HMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148177 z o a? w z? aH U z N 00 G ?z N? Q n R? Ra Gu O 0 ° -? 0 0 ti 3 w o N U w? wo a N ?. O? wo a? U a ?I w w a O 4-. 0 in N O n +rt a a z° w w y z z a a SZ. h h co ° o°g$tn o? e oo ? D O D C DEC 0 4 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. vs. Edward J. Moran, III Civil Division No. 2007-666 Civil Term ORDER rr AND NOW, this k day of ?EC,E.rnbP-A , 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Edward J. Moran, III, by: 1. Posting of the premises: 165 Susquehanna Avenue, Enola, PA 17025. 2. First class mail to Edward J. Moran, III at the mortgaged premises located at 165 Susquehanna Avenue, Enola, PA 17025; and 2 3. Certified mail to Edward J. Moran, III at the mortgaged premises located at 165 Susquehanna Avenue, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. TRUE COPY FROM RECORt It? Testimony whereof, I here unto sat my hens; "nd the seal of say Cart at Carlisle. Pa 3 tW _ 4-,\A ay 01 a-ZW7 :'tart PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-666-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. t J J-AA DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C -? rt7 ?T? f .? ?..? 1 ?o 4r Ir" WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 07-666-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 165 SUSOUEHANNA AVENUE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 S. Enola Drive, Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .5. Name and address of every other person who has any record lien on the property: i ` Name Last Known Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 S. Enola Drive, Enola, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 26, 2008 1)4,J iR I DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ?_? ??? u .r _ ? ?? - ._.., ?,,. .? ?'?: ?,? '? C n -.°s C.1 I WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). CUMBERLAND COUNTY No. 07-666-CIVIL TERM March 26, 2008 TO: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,915.59 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; extending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the South, North eighty- four degrees, fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one-hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty- five one-thousandths of a foot to the place of BEGINNING. BEING known and numbered as 165 Susquehanna Avenue, Enola, Pennsylvania. BEING THE SAME PREMISES which Douglas E. Kauffman and Marlena J. Kauffman, his wife, by this Indenture bearing date the 27th day of March A.D. 1990, and intended to be forthwith recorded in the Office for the Recording of Deeds in and for the County of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto the said Mortgagor, in fee. TITLE TO SAID PREMISES IS VESTED IN Edward J. Moran, III, single man, by Deed from Douglas E. Kauffman and Marlena J. Kauffman, his wife, dated 03/22/1990, recorded 03/27/1990, in Deed Book 34L, page 1171. PARCEL IDENTIFICATION NO: 09-14-0832-179 PROPERTY ADDRESS: 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-666 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F. A., Plaintiff (s) From EDWARD J. MORAN III (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 $41,915.59 L.L.$ 0.50 Interest from 3/26/08 to 9/03/08 (per diem - $6.86) -- $1,109.29 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $245.60 Other Costs $2,772.73 Plaintiff Paid Date: 3/27/08 Prothonota 4#7 (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Plaintiff V. EDWARD J. MORAN, III Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-666-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 165 Si JS I JF,HANNA AVFN1TF,, RNOLA, PA 17025, As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P ? a DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: July 24, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. it may. not he cold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148177 l` 'a o? C7 0o v? U?ov .D U U •A a(??a P Ia za0 a e a? a M O a a _W U zz M .r 0 U 0 z o? A a_ a N O a 0 A a O £O w t 3a0adic now cmlvn ; soot Bz Nvw O LOs m,000 008', - wt zo E•'? a ? 100 O N ?a > ti a s? Q o? a ?N ?Q a 0 (i/.o 3 vQ? .1. O V 0 w U? Q ;.o O_ O O M_ 0 0 w M H 0 N C? CC'41 c ?a ?a - I N 1 M I V I in a a? ?a ?x papy,, •? U O a O oho W . Aa kc tn o p ?d a 0 W W A ? W 00 o, t o H ° .o° a_ 0 .3? 'a °8 ,S M .+1 W ? U b? a ? b Anti/ W w 1? 00 C? O N M ? to C`3 C ?J CD cr) -.? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia, PA 19102 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. . CIVIL DIVISION EDWARD J. MORAN, III NO. 2007-666-CIVIL TERM Defendant. AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to EDWARD J. MORAN, III on MAY 19, 2008 at 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025, in accordance with the Order of Court dated DECEMBER 5, 2007. The property was posted on APRIL 1, 2008. Publication was advertised in CUMBERLAND LAW JOURNAL on APRIL 11, 2008 & in THE SENTINEL on JULY 18, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN LLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Dated: August 6, 2008 DEC 0 4 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Civil Division VS. No. 2007-666 Civil Term Edward J. Moran, III ORDER AND NOW, this ?- day of ?ECE.m? QJL , 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Edward J. Moran, III, by: 1. Posting of the premises: 165 Susquehanna Avenue, Enola, PA 17025. 2. First class mail to Edward J. Moran, III at the mortgaged premises located at 165 Susquehanna Avenue, Enola, PA 17025; and 2 3. Certified mail to Edward J. Moran, III at the mortgaged premises located at 165 Susquehanna Avenue, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: I J J. TRUE COPY FROM REC©RU in Testimony whereof, I here onto set my hafld »,,d th sew of ai d C rt at Carlisle, Pa a 7. l ?s ?- Aay of LV'r 3 AFFIDAVIT OF SERVICE PLAIN. TTS& WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) EDWARD J. MORAN, III Please post Premises with Sheriffs Handbill of Sale: 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 SERVED CUMBERLAND COUNTY No. 07-666-CIVIL TERM ACCT. #148177 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2008 Served and made known to t??weA 5 Defendant, on the ! day of ' L , 200 at , o'clock -P.m., at RP S S o5 a*E4A A-yv i-/ A AVf- of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge 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: PS5_C1t1,P PE±Ka -( Description: Age Height Weight Race Sex Other Commonwealth 1, ?-." W,°l ? , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ?T?F-t (? , 200 Nota? By; V6?u` PLEASE A EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED On ATATE OF t#jyi aM?EY -' 200 , at o'clock in., Defendant NOT FOUND because: MY COQ Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 3i atiq 7178 2417 6099 0002 8092 4/AZK EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm .a j Track & Confirm Search Resufts Label/Receipt Number: 7178 2417 6099 0002 8092 Status: Delivered Your item was delivered at 10:44 am on May 19, 2008 in PHILADELPHIA, PA 19103. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. Rare 0AW" heligr > _ Raears er: tIS ctan /fn+r > Page 1 of 1 Home I Helc I Track & Confirm Track & Corm - - -- Enter LabeVReceipt Number. Site Mao Contact Us Forms Gov't Servi ces ,toba Privacy Policy Terms of Use National & Premier Accounts Copyright@) 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA i3 http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=71... 8/6/2008 ,F PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 11, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ('_a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 11 day of April, 2008 r d Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 2007-666 CIVIL TERM WASHINGTON MUTUAL BANK, FA VS. EDWARD J. MORAN, III NOTICE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: EDWARD J. MORAN, III TAKE NOTICE that the real estate located at 165 SUSQUEHANNA AV- ENUE, ENOLA, PA 17025 is sched- uled to be sold at Sheriff's Sale on Wednesday, SEPTEMBER 3, 2008 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,915.59, ob- tained by WASHINGTON MUTUAL BANK, FA (the mortgagee). ALL THAT CERTAIN lot or piece of land, with the buildings and improve- ments thereon erected, situate in East Pennsboro Township, Cumber- land County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; ex- tending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the South, North eighty-four degrees, fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one-hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty-five one- thousandths of a foot to the place of BEGINNING. BEING known and numbered as 165 Susquehanna Avenue, Enola, Pennsylvania. BEING THE SAME PREMISES which Douglas E. Kauffman and Marlena J. Kauffman, his wife, by this Indenture bearing date the 27th day of March A.D. 1990, and intended to be forthwith recorded in the Office for the Recording of Deeds in and for the County of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto the said Mortgagor, in fee. TITLE TO SAID PREMISES IS VESTED IN Edward J. Moran, III, single man, by Deed from Douglas E. Kauffman and Marlena J. Kauff- man, his wife, dated 03/22/1990, recorded 03/27/1990, in Deed Book 34L, page 1171. Being Premises 165 SUSQUEHAN- NA AVENUE, ENOLA, PA 17025. Improvements consist of residen- tial property. Sold as the property of EDWARD J. MORAN, III. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. CUMBERLAND LAW JOURNAL TAKE NOTICE that a Schedule of Distribution will be filed by the Sher- iff on OCTOBER 3, 2008, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Apr. 11 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tuly 18, 2008 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. (OJ aL -kf N-/, U Sworn to and subscribed before me this 18thday of Tuly, 2008. Notary ublic My commission expires: NOSARK am SONF R A CANUP HORNY Pjbk CARLISLE BOROUGH. C LAND COUrm My Comn"on Expires Jun 8, 2009 COPY OF NOTICE OF PUBLICATION C) C r? N Cn 3=" gy,.,?? . ... .?»s•..xc.w.yr:. ...rraaaeo... .„:».r.:...+. ,.,... ...,? ? . hCe *iyrf ,1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. CUMBERLAND County EDWARD J. MORAN, III No. 07-666 CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 2, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "All. 2. Judgment was entered on March 27, 2008 in the amount of $41,915.59. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 3, 2008 Per Diem $9.08 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $33,146.61 $5,542.56 $114.18 $1,500.00 $1,772.73 $0.00 $226.80 $325.00 $0.00 $0.00 ($0.00) $2,318.67 $44,946.55 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 5, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Ebert entered an order for special service dated December 5, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: D? By: nelieA VIBE?radjford, eg, LLP re Att orney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County EDWARD J. MORAN, III No. 07-666 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE EDWARD J. MORAN, III executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality CompM v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: eg, LLP By: M.BB6a&orddvEsquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148177 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 Defendant c? NCU• o G, 4 ?,y r-.7t !?i! R!r C , 1 V lD TI Y :`, w Orn N c,n ? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. n j --1,-`l (2-1 ? L CUMBERLAND COUNTY F1?E Cpl OVF„p, CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORE ? o t be ce c°pyofr$ne gVE COPY d YR. Of to IN, File #: 148177 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File 4. 149177 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 149177 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 9: 148177 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/27/1990 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 970, Page: 751. By Assignment of Mortgage recorded 03/27/1990 the mortgage was Assigned To BANC BOSTON MORTGAGE CORPORATION which Assignment is recorded in Assignment Of Mortgage Book No. 378, Page 345. Said mortgage was modified as set forth in the modification agreement dated 04/09/1991, in Mortgage Book No. 395, Page 1099. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. Filc #: 148177 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $33,736.13 Interest $1,986.60 07/01/2006 through 01/31/2007 (Per Diem $9.24) Attorney's Fees $850.00 Cumulative Late Charges $340.05 03/27/1990 to 01/31/2007 Cost of Suit and Title Search 750.00 Subtotal $37,662.78 Escrow Credit $0.00 Deficit $372.01 Subtotal 372.01 TOTAL $38,034.79 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principle balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 148177 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $38,034.79, together with interest from 01/31/2007 at the rate of $9.24 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. llinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148177 LEGAL DESCRIPTION ALL that certain lot or piece of land, with the buildings, and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; extending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the south, North eighty-four degrees fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot; thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one- hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty-five one-thousandths of a foot to the place of BEGINNING. File b: 148177 BEING all the same premises which John E. Kauffman, III, and Loretta L. Kauffman, his wife, by their Deed dated September 30, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book P-33, Page 135, grated and conveyed unto Douglas E. Kauffman and Marlean J. Kauffman, his wife, Grantor herein. File #: 148177 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: -1 / 3 1 f 0 1 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, V. EDWARD J. MO 165 SUSQUEH ENOLA, PA 17025 RAN, IIIX ANNA AVENUE Defendant(s). ATTORNEY FILE 0 PR! PLEASE RETURN CUMBERLAND COUNTY n U COURT OF COMMON n4- S CIVIL DIVISION rv NO. 07-666-CIVIL TER v? w ATTORNEY FILE&K PLEASE RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 0 n1- 7 Kindly enter an in rem judgment in favor of the Plaintiff' and against EDWARD J. MORAN, III, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged,pte, and assess Plaintiffs damages as follows: J mWRN As set forth in Complaint $38,034.79 Interest from 02/01/07 to 03/26/08 $3,880.80 TOTAL $41,915.59 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. O[ w ? ;V F. .> " DANIEL G. SCHMIEG, ESQUIRE 9 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PT(OTHY 148177 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey August 5, 2008 EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 RE: WASHINGTON MUTUAL BANK, F.A. vs. EDWARD J. MORAN, III Premises Address: 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025 CUMBERLAND County CCP, No. 07-666 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to by August 11, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery I ui el quir e For Phelan Hallinan & Schmieg, LLP Enclosure 0 0 a W o u? z O a ?- .a C W U z? c= C1. 0 '1•f L C ? y zdo G O ?d ? T O ? <. O C O G « v o E ? N U N ? E c v` ? U N ?. s o L s L 3003 diz woa3 0311VYY W O i 9ooz so and o we atpooo o oft 3o $ W za p T : 53N608 A3MMd ?r ° ? ?' 67 ?A I = ro v x E ° 6 , a .. N o E O u N G NUifi N a4 d O 0 U O u U 0 O•_ o u G N N d'? O O O w o CZ w o T w O W Vf ._. W 0- E N U ,E K C z y , d F ° V1 u y? o°a y ? w W a ? C3 k ? H O .. 11.1 G L 1--1 ? z ti ? o s, ti CS, Q 4. o a0 va z v1 E ca o z "> ~ F a N .D z 00 m O ? u v E t, z L?? --? N M 'f' v'1 \O l? 00 , ? N t+1 ? vl f-O a VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. I;ZI DATE: 1 % 01 By: a, re Attorneyfor Plaintiff e , LLP Mic el PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. : Plaintiff vs. EDWARD J. MORAN, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 DATE: Oh S hmieg, LLP By: ele M. Bra ford, squire Attorney for Plaintiff [ •3 G'1 f7? { ....,. -73 WASHINGTON MUTUAL BANK, F.A. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EDWARD J. MORAN, III DEFENDANT NO. 07-0666 CIVIL ORDER OF COURT AND NOW, this 15th day of August, 2008, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before September 4, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if argument, a hearing or further Order of Court is needed. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, - 1* -1. lz3A V - M. L. Ebert, Jr., J. ichele Bradford, Esquire Attorney for Plaintiff ward J. Moran, III _ t Defendant V bas 3kU 35i'?4b<Blu PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff VS. EDWARD J. MORAN, III Defendant Civil Division CUMBERLAND County No. 07-666 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify t at a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of qla was sent to the following individual on the date indicated below.. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 DATE: b rTel hmieg, LLP By: M. Bradford, squire Attorney for Plaintiff ;M..z co N a PHELAN`HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. EDWARD J. MORAN, III Defendant PRAECIPE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on August 13, 2008 in the above referenced action. DATE: _ D I inan & ieg, LLP By: P . !., Bradford, V-quire- Attorney fbb Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. EDWARD J. MORAN, III ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintifft Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 DATE: d By: LLP Attorney for Plaintiff C3 Z`D Cil a3 Washington Mutual Bank, F.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Edward J. Moran, III Writ No. 2007-666 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2008 at 1925 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Edward J. Moran, III, by making known unto Edward Moran personally, at 165 Susquehanna Ave., Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 16, 2008 at 1745 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Edward J. Moran, III located at 165 Susquehanna Ave., Enola, PA 17025, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Edward J. Moran, III by regular mail to his last known address of 165 Susquehanna Ave., Enola, PA 17025. This letter was mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 21.90 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 30.00 Levy 15.00 Surcharge 20.00 Postpone Sale 40.00 Law Journal 473.00 Patriot News 436.85 Share of Bills 17.64 z f'-I or C;L ? i $1,116.89 So Answer R. Thomas Kline, Sheriff BY Real Estate Sergeant C'k- 7lGd .?/ky7v WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS EDWARD J. MORAN, III CIVIL DIVISION Defendant(s). NO. 07-666-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEU, 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 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 S. Enola Drive, Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) East Pennsboro Township 98 S. Enola Drive, Enola, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 26, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. CUMBERLAND COUNTY No. 07-666-CIVIL TERM EDWARD J. MORAN, III Defendant(s). March 26, 2008 TO: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,915.59 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. i You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 i LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; extending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the South, North eighty- four degrees, fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one-hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty- five one-thousandths of a foot to the place of BEGINNING. BEING known and numbered as 165 Susquehanna Avenue, Enola, Pennsylvania. BEING THE SAME PREMISES which Douglas E. Kauffman and Marlena J. Kauffman, his wife, by this Indenture bearing date the 27th day of March A.D. 1990, and intended to be forthwith recorded in the Office for the Recording of Deeds in and for the County of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto the said Mortgagor, in fee. TITLE TO SAID PREMISES IS VESTED IN Edward J. Moran, III, single man, by Deed from Douglas E. Kauffman and Marlena J. Kauffman, his wife, dated 03/22/1990, recorded 03/27/1990, in Deed Book 34L, page 1171. PARCEL IDENTIFICATION NO: 09-14-0832-179 PROPERTY ADDRESS: 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT 00 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-666 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F. A., Plaintiff (s) From EDWARD J. MORAN III (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 $41,915.59 L.L.$ 0.50 Interest from 3/26/08 to 9/03/08 (per diem - $6.86) -- $1,109.29 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $245.60 Other Costs $2,772.73 Plaintiff Paid Date: 3/27/08 Pr thonota (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 Real Estate Sale #43 On May 20, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 165 Susquehanna Ave., Enola GF) more fully described on Exhibit "A" filed with this writ and by this reference C 09 incorporated herein. Date: May 20, 2008 By: Real 4Ese Sergeant 10 .01 V I E W 8001 EN) ?5? Vd 331?3HS ]H i U isl, ;? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Come( Editor SWORN TO AND SUBSCRIBED before me this 1 day of August. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RRAL RBTATR SALZ NO. 43 Writ No. 2007-666 Civil Washington Mutual Bank, F.A. VS. Edward J. Moran, III Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, with the buildings and improve- ments thereon erected, situate in East Pennsboro Township, Cumber- land County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; ex- tending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the South, North eighty-four degrees, fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one-hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty-five one- thousandths of a foot to the place of BEGINNING. BEING known and numbered as 165 Susquehanna Avenue, Enola, Pennsylvania. BEING THE SAME PREMISES which Douglas E. Kauffman and Marlena J. Kauffman, his wife, by this Indenture bearing date the 27th day of March A.D. 1990, and intended to be forthwith recorded in the Office for the Recording of Deeds in and for the County of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto the said Mortgagor, in fee. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Edward J. Moran, III, single man, by Deed from Douglas E. Kauffman and Marlena J. Kauff- man, his wife, dated 03/22/1990, recorded 03 / 27 / 1990, in Deed Book 34L, page 1171. PARCEL IDENTIFICATION NO: 09-14-0832-179. PROPERTY ADDRESS: 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025. Tho Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otjwXtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 4 C MONWEALTH OF PE` NNSYLVANIA Notarial Seel Shwft L KWw, Notary Pubic Ciy Of hlerf%h% ON** County W Carna WM EVNU Nov. 28, 2011 Member, Penneylvade Assoclaflon of Notaries J8 07/30198 Rest Etttdis Soft No. 43 Writ No. 2007-M Civil Term Washington Mutual Bank, F.A. VS Edward J. Moran, III Attorney Daniel Schmkeg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, with the buildings and improvements thereon erected, situate in Eash-ennsboroTownship, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; extending thence southeastwardly on a line saving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one4hogeanddis of a fool; thence abnyr die said nearly line of Sw? Avenue Sov& live 6W= nae tt?nales 6irty seooeds West tw?wty fiect and seven 6imdvied and forty-five ane-ft.v of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the South, North eighty-four degrees, fifty minutes thirty seconds west one hundred thirtyeight feet and eight hundred and ninety-three one-thousandths of a foot thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one- hundredths of a foot to the southerly tine of Dauphin Shed; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty-five one- thousandths of a foot to the place of BEGINNING. BEING known and numbered as 165 Susquehanna Avenue, Enola, Pennsylvania. BEING THE SAME PREMISES which Douglas E. Kauffman and Marlena J. Kauffman, his wife, by this Indenture bearing date the 27th day of March A.D. 1990, and intended to be forthwith recorded in the Office for the Recording of Deeds in and for the County of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto the said Mortgagor, in fee. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Edward J. Moran, III, single man, by Deed from %uglas E. Kauffman and Marietta J. Kauffman, ,ris wife, dated 03/2211990, recorded 03127/ ?&- , in Deed Book 34L, page 1171. PARCEL IDENMCATION NO: 09-14-M32- r9 PROPEKfY ADDRESS: 165 SUSQUEHANNA AVENUE, ENOLA, PA17025 ",Av PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 31S0-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). No. 07-666 CIVIL TERM TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/27/2008-9/2/2009 (per diem -$6.89) TOTAL Note: Please attach description of property. $41,915.59 $3,617.25 $45,532.84 One Penn Cente t Suburb Station 1617 John F. Keane ard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 148177 y, k- c ll, V ' i i r. t i t p 00 8 C LI 4 '.1 tS T d r V ?A G7 7 Q G7 N Q d a uv? p 7 d a W Wd O? a ow ?a d O? H U O? U *? ?w w a? O A w O 01 w? o A, H o Oo w? w t O d a p Q• u i d IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: EDWARD J. MORAN, III Debtor Bk. No. 1:08-03102 RNO WASHINGTON MUTUAL BANK, F.A. Chapter No. 13 Movant V. EDWARD J. MORAN, III Respondent 11 U.S.C. §362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of WASHINGTON MUTUAL BANK, F.A. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises, i;U-r-t N. t)pd,1I, &dOJae This document is electronically signed and filed on the same date. (BC) Dated: April 14, 2009 Case 1:08-bk-03102-RNO Doc 47 Filed 04/14/09 Entered 04/14/09 14:02:58 Desc Main Document Page 1 of 1 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-666 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () 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.A. §4904 relating to unsworn falsification to authorities. 2009 HAY '205 ?.?-i 10: 59 ? aw WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-666 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 165 SUSQUEHANNA AVENUE. ENOLA. PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 S. Enola Drive, Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None Ok 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 S. Enola Drive, Enola, PA 17025 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 Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. May 22, 2009 DATE , ESQUIRE ? rA FI(..EC j..) _ :,vc -F THE 2299 HA''f 26 f iti 10: (i ti f t t f if r?; J WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). CUMBERLAND COUNTY No. 07-666 CIVIL TERM May 22, 2009 TO: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,915.59 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict .you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 I LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; extending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the South, North eighty-four degrees, fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one-hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said fine of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty-five one-thousandths of a foot to the place of BEGINNING. BEING known and numbered as 165 Susquehanna Avenue, Enola, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Edward J. Moran, III, single man, by Deed from Douglas E. Kauffman and Marlena J. Kauffman, his wife, dated 03/22/1990, recorded 03/27/1990, in Deed Book 34L, page 1171. PARCEL IDENTIFICATION NO: 09-14-0832-179 PROPERTY ADDRESS: 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025 SHORT DESCRIPTION By virtue of a Writ of Execution No. 07-666 CIVIL TERM WASHINGTON MUTUAL BANK, F.A. VS. EDWARD J. MORAN, III owner(s) of property situate in the PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025 Parcel No. 09-14-0832-179 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-666 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From EDWARD J. MORAN, III (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 $41,915.59 L.L. $.50 Interest FROM 3/27/2008 - 9/2/2009 (PER DIEM - $6.89) - $3.617.25 Atty's Comm % Atty Paid $1383.99 Plaintiff Paid Date: MAY 26, 2009 Due Prothy $2.00 Other Costs Imo... R. Long, Prothonotary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) EDWARD J. MORAN, III SERVE EDWARD J. MORAN, III AT: 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 SERVED CUMBERLAND COUNTY No. 07-666 CIVIL TERM phs. #148177 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 Served and made known to EDWARD 7- MOQ4#V,1i1, Defendant, on the r? 4u day of U u Cl- 2009, at L1 , o'clock a.m., at (6S S u5 aAX F7ftfV N A A9 EN yC- , 116 LA , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 4D?- Height £7'q.. Weight o110 Race fin/ Sex M Other I, I?,WA-t--D a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY C U RTY before me this 14 day NQTAIIY PUBLIC of 6C , 20 3issI C 1 ` ` D ?v Not ; y VV-7 1 ,?o , ? / j / NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 1200- Notary: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Zo I L?? OF THE"" ` ''"'-'OTrY 2009 JUR 30 All 10• 5 l 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s) : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 07-666 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) a r Certified Mail Return Receipt stamped by the U.S. Postal Service is attached heret hibit "A". -Z n // ? La . Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Shee R. Shah-Jani, Esq., Id. No. 81760 ? Je ne R. Davey, Esq., Id. No. 87077 ? auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 F] Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 n Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 148177 w S &Z 0 a X0464 4084Zi?000$ N 6002 97 Yf4 Zfl ?.9 • (fi w ? p? 'i??v ?y0 ? E u lit x N A CL. u ?H m U w r? ?' A a n r ,y S ? A A O tR ? w g c 9? -{ . Ta •,. += > ? va ? ? ?, w as ? oo W ? O w ? ? Y G r- Cl) a ? a 3 ?' aiQ ? ~•? A U c,., ca ;? W w o ?x ?o C> (A lo- c7o H ?„ SAW ap H v? v? w "? d a .0 ::3 00 con 00 d? wo J Q°UO? ao a? r I r3 A d H c7 U m oo z d o o ?soa a W Fa ch "o AUcnU UG1a b/ d s o? z z :5 x? m -- r 4 q r oo O C4 cn v '^ C b `" OAF ? f1E €-R a i'r "`, 0TNRYY 2TH S ". 31 A 10.2 Y• , ? Y ? I "ill V: ? . '*.r ? t flti h4?? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V. EDWARD J. MORAN, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 2, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on March 27, 2008 in the amount of $41,915.59. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:08-03102 on August 28, 2008. The Plaintiff obtained relief from the bankruptcy stay by order of court dated April 14, 2009. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on September 2, 2009. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 2, 2009 Per Diem $9.03 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $51,728.79 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 21, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". $32,943.49 $8,244.93 $114.18 $2,925.00 $3,420.98 $1,088.09 $96.05 $0.00 $0.00 $0.00 ($0.00) $2,896.07 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: r" 2 13 By: Phelan linan & S eg, LLP Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire e l5aniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V. EDWARD J. MORAN, III ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE EDWARD J. MORAN, III executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortga_ a Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: -7 -17 By: Lawrence T. Phela T, Esquire Francis S. Hallinan, Esquire ''Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman; Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148177 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 Defendant N O o T 1 -a 7 1 s!:T W ni IC 1?! ? N T v CA c O w N y . cn ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 --`" l..t t? 1 C, 6 CUMBERLAND COUNTY cop CIVII. ACTION - LAW y COMOPLAINT IN MORTGAGE ORE Zbc? LE copy o ?e f%fto, File M: 148177 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File N: 148177 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS He M: 148177 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File B: 149177 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/27/1990 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 970, Page: 751. By Assignment of Mortgage recorded 03/27/1990 the mortgage was Assigned To BANC BOSTON MORTGAGE CORPORATION which Assignment is recorded in Assignment Of Mortgage Book No. 378, Page 345. Said mortgage was modified as set forth in the modification agreement dated 04/09/1991, in Mortgage Book No. 395, Page 1099. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File N: 148177 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $33,736.13 Interest $1,986.60 07/01/2006 through 01/31/2007 (Per Diem $9.24) Attorney's Fees $850.00 Cumulative Late Charges $340.05 03/27/1990 to 01 /31 /2007 Cost of Suit and Title Search 750.00 Subtotal $37,662.78 Escrow Credit $0.00 Deficit $372.01 Subtotal 372.01 TOTAL $38,034.79 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principle balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. FileN: 148177 8. Plaintiff is not seeking a judgment of personal liability (or an in pgrsonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $38,034.79, together with interest from 01/31/2007 at the rate of $9.24 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: / LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 1f: 148177 LEGAL DESCRIPTION ALL that certain lot or piece of land, with the buildings, and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; extending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the south, North eighty-four degrees fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot; thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one- hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty-five one-thousandths of a foot, to the place of BEGINNING. File N: 148177 BEING all the same premises which John E. Kauffman, III, and Loretta L. Kauffman, his wife, by their Deed dated September 30, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book P-33, Page 135, grated and conveyed unto Douglas E. Kauffman and Marlean J. Kauffman, his wife, Grantor herein. File A: 149177 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:31/0 7 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, . V. EDWARD J. MORAN 165 SUSQUEHANNA ENOLA, PA 17025 , III AVENUE _4.? Defendant(s). ATTORNEY FILE COP" PLEASE RETURM CUMBERLAND COUNTY 2 a COURT OF COMMON I?'AS - CIVIL DIVISION NO. 07-666-CIVIL TEII ATTORNEY FILEVOK PLEASE RETURN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: q IM G m Kindly enter an in rem judgment in favor of the Plaintiff and against EDWARD J. MORAN, I_II Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgag?e?dp? and assess Plaintiffs damages as follows: '.'.l A . I R?L PIN 'jV As set forth in Complaint $38,034.79 Interest from 02/01/07 to 03/26/08 $3,880.80 TOTAL $41,915.59 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 09 IM DA AML G. SCHMIEG, ESQUIRE . t.0 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. Al. DATE: 9 L679_ Y?- '-A PRO OTHY 148177 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: EDWARD J. MORAN, III Debtor Bk. No. 1:08-03102 RNO WASHINGTON MUTUAL BANK, F.A. Chapter No. 13 Movant v. 11 U.S.C. §362 EDWARD J. MORAN, III Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of WASHINGTON MUTUAL BANK, F.A. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises, SRI s > Jv* This document is electronically signed and filed on the mme date. (B Q Dated: April 14, 2009 Case 1:08-bk-03102-RNO Doc 47 Filed 04/14/09 Entered 04/14/09 14:02:58 Desc Main Document Page 1 of 1 Exhibit "D" 3 ? Q f`T 8 qtT a x z a 0 a U a, I 8 3 zz w a? ao C/ O^ [ N O '? y N oaZ WoaA a3vvm 0408LZb000 Zip WL ZO ^?$oo r 'p A? O O n er . r`;F ? 4 .N b ? ? u m C N F y q O 3 v .? 5 •p rV?J ? qO O O . p ? O rl S '? O a ? O p ? a O p ? N r p O. y M•I pq d C rl ? ; ? .r1 viH W Lr d W > ? p z d a ?D a ° y G ? a w irl ~ z d ti o? a ? x oT 00 a, O ?--? N M M O_ O? a, a a b z?o VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 44904 relating to the unsworn falsification of authorities. DATE: e7,2Z Phelan Hall' c 'eg, LLP By: Lawrence T. Phelan, Esquire F ancis S. Hallinana Esquire ,.-,,Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Flakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn; Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V. EDWARD J. MORAN, III ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 Phelan Hal ' & Sc , 'eg, LLP DATE: By: Lawrence T. Phelan, wire Francis S. Hallinan, Esquire Daniel G. Schmieg Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF FIL a- f OF THE PIR( ' .!rrARY 2009 AUG -4 Ali 9: 50 PENN SYLVAIKlI' WASHINGTON MUTUAL BANK, F.A. PLAINTIFF V. EDWARD J. MORAN, III DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-666 CIVIL ORDER OF COURT AND NOW, this 5th day of August, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 25, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. ? Daniel Schmieg, Esquire Attorney for Plaintiff ? Edward J. Moran, III, Defendant 165 Susquehanna Avenue Enola, PA 17025 bas I es r-A'a [ (26P By the Court, o, -4, ?-4 - M. L. Ebert, Jr., J. i } ,;~ TI T-V .--' Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County EDWARD J. MORAN, III Defendant No. 07-666 CIVIL TERM CERTIFICATION OF SERVICE , .,S I hereby certify that a true and correct copy of the Rule dated August 5, 2009 was sent to the following individual on the date indicated below. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 Phelan Hallinan & Schmieg, LLP DATE: By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquirc- Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF RrtCE OF IHE PROTFWTARY 2499 AUG IS AM 10= 5 4 1 PEiJN YLV, !N! A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V. EDWARD J. MORAN, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE WASHINGTON MUTUAL BANK, F.A., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on August 4, 2009. 3. A Rule was entered by the Court on or about August 5, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 17, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 8, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: qlq (d By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire-- Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A Plaintiff V. EDWARD J. MORAN, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on August 4, 2009. A Rule was entered by the Court on or about August 5, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 17, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 8, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: U 6 Col By: l?.ti or, awrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquin-- Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF Exhibit "A" WASHINGTON MUTUAL BANK, F.A. PLAINTIFF V. EDWARD J. MORAN, III DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-666 CIVIL ORDER OF COURT AND NOW, this 5" day of August, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 25, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, V?N ?, ?-4 M. L. Ebert, Jr., J. Daniel Schmieg, Esquire Attorney for Plaintiff Edward J. Moran, III, Defendant 165 Susquehanna Avenue Enola, PA 17025 bas ROM R R0 +3b 1 ft knVAY wM . b" VIft set I wha% Ird we VIP " SW c? Exhibit "B" 2909 AUG 18 AM 10.5 4 CUMSP;R?1-1, iD COUNTY PE-NNSYj-M,NtjA ORNEY F11 [, copy P11ASP tIF,-- Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V. EDWARD J. MORAN, III Defendant ATTORNEY FOR PLAINTIFF V 11.: t. COPY Court of Common Pleas Civil Division CUMBERLAND County No. 07-666 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule dated August 5, 2009 was sent to the following individual on the date indicated below. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 Phelan Hallinan & Schmieg, LLP DATE: By: _ awrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire- Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ( By: awrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, EsquiFe- Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF a . r. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County EDWARD J. MORAN, III Defendant No. 07-666 CIVIL TERM CERTIFICATION OF SERVICE r .. , .. I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 Phelan Hallinan & Schmieg, LLP DATE: q A?o By: _ wrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire-- Andrew C. Bramblett, Esquire ATTORNEY FOR PLAINTIFF FILED-CfFICE OF THE f?j"I"HGNQTAFY 2009 SEP 10 AM 10: 06 r SEP 1 12009 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County EDWARD J. MORAN, III Defendant No. 07-666 CIVIL TERM ORDER AND NOW, this /Y `-day of 4-4-1 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $32,943.49 Interest Through September 2, 2009 $8,244.93 Per Diem $9.03 Late Charges $114.18 Legal fees $2,925.00 Cost of Suit and Title $3,420.98 Sheriffs Sale Costs $1,088.09 Property Inspections/ Property Preservation $96.05 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $2,896.07 $51,728.79 Plus interest from September 2, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 148177 01 THE ???Y e 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 SECRETARY OF VETERANS AFFAIRS is the grantee the same having been sold to said grantee on the 4TH day of NOV A.D., 2009, under and by virtue of a writ Execution issued on the 26TH day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 666, at the suit of WASHINGTON MUTUAL BANK F A against EDWARD J MORAN III is duly recorded as Instrument Number 200939665. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of r ? n of Deeds <r T . .atsAwoWIC +xy ire s?3 y e, „ e?3 wi{ w ?,?(x+dfiy of Jul - W10 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Washington Mutual Bank, F.A. vs. Edward J Moran, III ?9???tu c t?urabrr???A t OFFICE -F'r> SKEF:IFF Case Number 2007-666 SHERIFF'S RETURN OF SERVICE 06/20/2009 08:30 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 30 2009 at 0830 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Edward J. Moran, III located at, 165 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, according to law. 07/06/2009 08:38 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 07/06/09 at 2038 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Edward J. Moran, III, by making known unto, Edward J. Moran, III, personally, at, 165 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 08/26/2009 Property sale postponed to 11/4/2009. 11/19/2009 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 November 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Secretary of Veterans Affairs, An Officer of the Unites States of America, of, 8756 1000 Liberty Avenue, Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 746.49 11/30/2009 Deed recorded this date. SHERIFF COST: $759.99 IA10316 q SO ANSWERS, 41- November 19, 2009 R THOMAS KLINE, SHERIFF U P . w C? ?.l2 0? ?.ov Cis .sU L L (r,) GountySuite Sheriff, Ieiecsoft In(,. (-k / 3 ( Its kx.. -? 3v yz2- • ' WT INGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-666 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro Township 98 S. Enola Drive, Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name, Address (if address cannot be reasonably ascertained, please indicate) East Pennsboro'Township 98 S. Enola Drive, Enola, PA 17025 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 Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. May 22, 2009 DATE ESQUIRE i" WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD J. MORAN, III Defendant(s). CUMBERLAND COUNTY No. 07-666 CIVIL TERM May 22, 2009 TO: EDWARD J. MORAN, III 165 SUSQUEHANNA AVENUE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,915.59 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 -Y4 Ok, SHORT DESCRIPTION By virtue of a Writ of Execution No. 07-666 CIVIL TERM WASHINGTON MUTUAL BANK, F.A. VS. EDWARD J. MORAN, III owner(s) of property situate in the PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 165 SUSQUEHANNA AVENUE ENOLA PA 17025 Parcel No. 09-14-0832-179 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northwesterly extremity of the arc or curve having a radius of ten feet connecting the southerly line of Dauphin Street with the westerly line of Susquehanna Avenue; extending thence southeastwardly on a line curving toward the right with a radius of ten feet, a distance of fourteen feet and one hundred and thirty-two one-thousandths of a foot; thence along the said westerly line of Susquehanna Avenue South five degrees nine minutes thirty seconds West twenty feet and seven hundred and forty-five one-thousandths of a foot; thence passing through the middle of the party wall between the house on this lot and the house on the lot adjoining on the South, North eighty-four degrees, fifty minutes thirty seconds West one hundred thirty-eight feet and eight hundred and ninety-three one-thousandths of a foot thence north twenty-four degrees thirty-seven minutes five seconds East sixty-two feet and seven one-hundredths of a foot to the southerly line of Dauphin Street; and thence eastwardly along said line of Dauphin Street, curving toward the left with a radius of six hundred and twenty-five feet, a distance of one hundred and thirteen feet and four hundred and thirty-five one-thousandths of a foot to the place of BEGINNING. BEING known and numbered as 165 Susquehanna Avenue, Enola, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Edward J. Moran, III, single man, by Deed from Douglas E. Kauffman and Marlena J. Kauffman, his wife, dated 03/22/1990, recorded 03/27/1990, in Deed Book 34L, page 1171. PARCEL IDENTIFICATION NO: 09-14-0832-179 PROPERTY ADDRESS: 165 SUSQUEHANNA AVENUE, ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-666 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From EDWARD J. MORAN, III (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 $41,915.59 L.L. $.50 Interest FROM 3/27/2008 - 9/2/2009 (PER DIEM - $6.89) - $3.617.25 Atty's Comm % Due Prothy $2.00 Atty Paid $1383.99 Other Costs Plaintiff Paid Date: MAY 26, 2009 (Seal) REQUESTING PARTY: By: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as, 165 Susquehanna Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: Rea state oordinaator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: July 24, July 31 and August 7, 2009 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. 66 Writ No. 2007-666 Civil Washington Mutual Bank, F.A. VS. Edward J. Moran, III Atty.: Daniel Schmieg SHORT DESCRIPTION Owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being 165 SUSQUEHANNA AVENUE, ENOLA. PA 17025. Parcel No. 09-14-0832-179. Improvements thereon: RESIDEN- TIAL DWELLING. r r? U Lisa Marie Coyne ?-ditor SWORN TO AND SUBSCRIBED before me this 7 day of August, 2009 Notary , NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 'he Patriot-News Co. 812 Matket St. Harrisburg, PA 17101 Inquiries - 7'17-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 The ?Jahiot :l?ewt Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is; securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board) of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 _ 07/31/09 ' Sale No. 65 2007-666 Civil Term writ No 08/07/09 . `Mashington Mutual Hank, F.A. ? ?-- !. vs . _ . -- . Edward J Moran, III Atty: Daniel Schmleg Sworn to and subscribed before me this 14 d y of August, 2009 A. D_ SHORT DESCRIPTION - By virtue of a Writ of Execution No. 07-666 k' CIVIL TERM WASHINGTON MUTUAL BANK, FA vs. EDWARD I.MORAN,III Notary Public owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 165 SUSOUEHANNA AVENUE, ENOLA. PA 2-0MMJNiLtfFALTH C3F'PENNISYLVANiA 01" 17025 Parcel No. 09-140832-179 (Acreage or ?nt ai street address) Improvements thereon: L 4Crsne'r,rY Public RESIDENTIAL DWELLING "ay 1Y Harrisburg, t auphin County _ 2' C®rn?lru"ipr F),Dire9 Nov. 26, 2011 ? ``Aambsf r'' is,4ssociation of Notarit?s