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HomeMy WebLinkAbout03-0425WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC. Plaintiff VS. CHRISTINE YOHE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 03- '-/25"' THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARiO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REG1STRE CON LA CORTE EN FORMA ESCR1TA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO HOMESIDE LENDING, 1NC., Plaintiff VS. CHRISTINE YOHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC., Plaintiff VS. CHRISTINE YOHE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC., is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665 MILWAUKEE, WISCONSIN 53201. 2. Defendant, CHRISTINE YOHE, is an adult individual, whose last known address is 4709 DELBROOK ROAD, MECHANICSBURG, PENNSYLVANIA 17055. On or about, February 28, 2001, the said Defendant, executed and delivered a Mortgage Note in the sum of $82,500.00 payable to HOMESIDE LENDING, INC., which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1690, Page 964 conveying to original Mortgagee the subject premises. Washington Mutual Bank, FA is Successor in Interest to Homeside Lending, Inc. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 4709 DELBROOK ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $17.47 per day From 09/01/2002 To 02/01/2003 ( based on contract rate of 7.750%) Accumulated Late Charges Late Charges $29.55 From 10/01/2002 to 02/01/2003 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $81,392.36 $3,127.68 $345.20 $177.30 $0.00 $4,O69.62 $89,112.16 **Together with interest at the per diem rate noted above after February 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.750% ($17.47 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described.~.ff~jff/~/7/~t~_ By: PURCELL, ~21~IJG~& HALL--L'I~R~ Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Wmt1088tl.tit (1696x2800x2 titt) [3] NOTE Wm~O88tl.ti~ {1696x2800x2 ti~) [4] WmhO88t±.ti~ (1696x2800x2 titt) L21] la Cumbeflana Cem~ PA COMPANY NAME: ~ ~ ~, m s~m-mm m ~ ~o ~ u~m~, me. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated ~ 28, 2o03 T2tle ~s:rsm~ wc~ v',~'*n-V~T ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK ET AL VS YOHE CHRISTINE BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the YOHE CHRISTINE DEFENDANT at 4709 DELBROOK ROAD , at 1600:00 HOURS, on the 29th day of January , 2003 MECHANICSBURG, PA 17055 by handing to CHRISTINE YOHE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ l~ day of ~~~ ~.00~ A.D. So Answers: R. Thomas Kline PURCELL KRUG ~ By: Deputy WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC., PLAINTIFF VS. CHRISTINE YOHE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTSON - LAW NO. 2003 425 IN MORTGAGE FORECLOSURE SUPPLEMENTAL AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its .attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 4709 DELBROOK ROAD, ~CF~%NICSBURG, PA 17055: 1. Name and address of the Owner{s) or Reputed Owner(s): Christine Yohe 4709 Delbrook Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) that listed in (1) above: in the Judgment, if different from SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANY ... Domestic Relations office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Hampden Township 230 S. Sporting Hill Rd. Mechanicsburg, PA 17055 Firstar Bank, NA 205 West 4tn Street Cincinnati, Oh 45202 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this~fidavit are true and correct to the best of my personal knowledge, inform~%i~n and belief. I understand that false statements herein are made subjec~ ~ the penalties of 18 PA C.S. Section 4904 relating to unsworn falsificatio/~ au~~ / 1719~rth Front Street / Harrisburg, PA 17102 / (717) 234-4178 DATE: July 21, 2003 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC., PLAINTIFF VS. CHRISTINE YOHE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I~.W NO. 2003 425 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 6/17 & 7/22 2003 , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Christine Yohe 4709 Delbrook Road Mechanicsburg, PA 17055 Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 230S. E)p:rti~ Hi 11 wsahm~ ~urg, ~ 17055 F/rstar B~mk, N~ 205 West 4~ S[zeet ~, Ch/o, 45202 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 PURCELL, KRUG & I~ALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOHN W PURCELL BOWARD B KRUG LEON P. HALLER JOHN W PURCELL BRIAN J. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE TO: Christine Yohe 4709 Delbrook Road Mechanicsburg, PA 17055 Barbara S%unple-Sullivan, Esq. 549 Bridge Street New Cu/nberland, PA 17070 230 s. Sp~mtingHill I~1. [vl~ic~h.~3, I~ 17055 ~ ~enk, N~ 205 West 4~h Stm~et Cinci~m~h%, C~ 45202 Domestic Relations Office Cun%berland County Courthouse Hanover & High Streets Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that~you have an opportunity to protect your interest, if any, b~/b..~ing notified of said Sheriff's Sale. -//~ By: . --/ Leo---~ P. Haller PA I.D.15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC., PLAINTIFF VS. CHRISTINE YOHE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2003 425 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: TIME: LOCATION: WEDNESDAY, SEPTEMBER 3, 2003 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 4709 DELBROOK ROAD MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $89,112.16 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2003 425 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: CHRISTINE YOHE K:/M KF\DOCS\CUM BERLA\YOHE NOS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME ~ PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE F~?.~, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT W~ERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed ,order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern llne of Delbrook Road, 100.12 feet West of the northwest corner of the intersection of Delbrook Road and Kay Road, also being at the dividing line between Lots Nos. 2S and 28 on the hereinafter mentioned Plan of Lots; THENCE North 12 degrees 15minutes West along same, 108.23 feet to a point at the dividing line between Lots Nos. 24 and 2S on said Plan; THENCE North 82 degrees 13 minutes East along same, 93.74 feet to a point on the western line of Kay Road; THENCE continuing Southwardly along same, being an arc or curve to the left, having a radius of 268.00 feet, 71.18 feet to a point; THENCE along an arc or curve to the right, having a radius of 15.00 feet, 23.$6 feet to a point on the northern line of Delbrook Road; THENCE Westwardly along the northern line of Delbrook Road, the same being an arc or curve to the right, having a radius of 231.38 feet, 43.41 feet to a point; THENCE South 77 degrees 42 minutes West along same, 41.74 feet to a point, the place of BEGINNING. As surveyed by D. P. Raffensperger, Registered Surveyor, on October 5, 1961. BEING Lot NO. 25 on Plan of St. Marks Place, said Plan recorded in the cumberland County Recorder's Office in Plan Book 8, Page 8. HAVING THEREON ERECTED A DWELLING HOUSE KI~OWN AS 4709 DELBROOK ROkD, MECHANICSBURG, PA 17055. PARCEL: 10-22-0547-042 BEING THE SA_ME PREMISES WHICH Jonathan D. Jenkins et dated 2/22/01 and recorded in Deed Book 242 Page 746 conveyed unto Christine Yohe. al by deed granted and TO BE SOLD AS THE PROPERTY OF CHRISTINE YOHE ON JUDGMENT NO. 2003 425. Re: WAMU v. Yohe Cumberland 9/3/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Christine Yohe 4709 Delbrook Road Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 P°~tmar~k ~]~] $ 00.90°, Re: WAMU/YOHE CUMBERLAND SALE 9/3/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: HAMPDEN TOWNSHIP 230 S. SPORTING HILL RD. MECHANICSBURG, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: FIRSTAR BANK, NA 205 WEST 4TH STREET CINCINNATI OH 45202 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in wlf~ch Federal Natl Mt~ Assoc is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 10th_ day of Jun.e., A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4~5., at the suit of Washington Mutual Bak FA sucessor to Homeside Lendine Inc against Charistine Yohe is duly recorded in Sheriffs Deed Book No. 260, Page 198. 1N TESTIMONY WHEREOF, I hav~_~eunto set my hand and seal of said office this Ox~ ~7r day of ~ , A.D. 2003 Washington Mutual Bank, FA Successor In Interest to Homeside Lending, Inc. VS Christine Yore In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-425 Civil Term Ronald Kerr, Deputy Sheriff, who being duly sworn according to law, states that on July 2, 2003 at 2:31 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Christine Yore, by making known unto Christine Yore, personally, at 4709 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 11:16 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christine Yohe located at 4709 Delbrook Road, Mechanicsburg, 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 one of the within named defendants, to wit: Christine Yohe, by regular mail to her last known address of 4709 Delbrook Road, Mechanicsburg, PA 17055. This letter was mailed under the date of July 7, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 8120 Nations Way, Building 100, Jacksonville, FL 32256, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $89 ~, 62. Sheriffs Costs: Docketing $30.00 Poundage 17.52 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Levy 15.00 Surcharge 20.00 Law Journal 339.80 Patriot News 291.22 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39,50 $893.62 Sworn and subscribed to before me This :27~ dayof ('~,, ~ 2003, A.D.~? a ~c~,~~ rp~tothonotary -- R. Thomas Kline, Sheriff al Estate deputy Real Estate Sale # 52 On June 12, 2003 the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 4709 Delbrook Road Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 12, 2003 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book 'M", Volume 14, Page 317. COPY S~';~';~q/subsoribe~ before/,,~is 13th day~ Au~03 A.D. S A L E #52 My Comntissk~ Expires J~.me 6, 2006 Member, Pemsy'~a~Associa,:e~OfNo~arles My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 289.47 $ 1.75 $ 291.22 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTA~ 8ALE NO. 52 Writ No. 2003 425 Civil Washington Mutual Bank. FA Successor in interest to Homeside Lending. Inc. VS. Christine Yohe Atty.: Leon P. Hailer ALL THAT CERTAIN tract or par - eel of land situate in Hampden Township. County of Cumberland and Commonwealth of Pennsylva nia, more particularly bounded and described as follows, to wSt: BEGINNING at a point on the northern line of Delbrook Road, 100.15 feet West. of the northwest corner of the intersection of Delbrook Road and Kay Road. also being at the dividing line between Lots Nos. 25 and 28 on the herein after mentioned Plan of Lots; THENCE North 12 degrees 15 utes West along same, 108.23 feet to a point at the dividing line be- tween Lots Nos. 24 and 25 on said Plan; THENCE North 82 degrees 13 minutes East along same, 93.74 feet to a point on the western line of Kay Road; THENCE continuing South- wardly along same, being ail arc or curve to the left. having a radius of 268,00 feet, 71.18 feet to a point; THENCE along an arc or curve to the right, having a radius of 15.00 feet, 23.56 feet to a point on the northern line of Delbrook Road: THENCE Westwardly along the northern line of Daibrook Road, the same being an arc or curve to the right, having a radius of 231.38 feet, 43.41 feet to a point; THENCE South 77 degrees 45 minutes West along same. 41.74 feet to a point, the place of BEGINNING. SWOR~ TO AND SUBSCRIBED before me this 1 dayof AUGUST, 2003 - ) I. OlS E. SNYD~,ER, N~ Pub~ lweeri Lots Nos, 24 mid 95 on said PLan: Ti-fENCE North 82 degrees 13 minutes East along same, 93,74 feet Road: THENCE continuing South wardly along same, being an arc or curve to the left, having a radius of 268.00 feet, 7'1.18 feet to a point: THENCE along an m-c or curve m the right, having a radius of 15.00 feet. 23,56 feet to a point on the northern line of Delbrook Road: THENCE Westwardly along the northern line of Delbrook Road. the right, having a radius of 231,38 feet, 43.41 feet to a point; THENCE South 7'7 degrees 45 minutes West along same, 41.74 feet to a point, the place of BEGINNING. As surveyed by D. P. Raffensper- bet 5, 1961. BEING Lot No. 25 on Plan of St. Marks Place, said Plan recorded in the Cunlberland County Recorder's Office in Plan Book 8, Page 8. HAVING THEREON ERECTED A D'WELLING HOUSE KNOWN AS 4709 DELDROOK ROAD, MECHAN ICSBURG, PA 17055. PARCEL: 10-22-0547-042, BEING THE SAME PREMISES V;HICH Jonathan D. Jenkins et al. by d~ed dated 9/`19/D] arid record- ed in Deed Book 24'1 Page 746 tine Yohe, TO BE SOLD AS THE PROP- ERTY OF CHRISTINE YOHE ON JUDGMENT No. 9003 4`15.