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HomeMy WebLinkAbout03-1404MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Washington Mutual Bank, FA P.O. Box 1169 Dept. 2665 Milwaukee, WI 53201 Plaintiff vs. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 Darius Drive Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 wamed 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, REGISTRE CON LA CORTE EN FORMA ESCRITA, 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 LIN 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Washington Mutual Bank, FA P.O. Box 1169 Dept. 2665 Milwaukee, WI 53201 Plaintiff VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 Darius Drive Enola, PA 17025 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 attomey 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Washington Mutual Bank, FA P.O. Box 1169 Dept. 2665 Milwaukee, WI 53201 Plaintiff VS. · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · ACTION OF MORTGAGE FORECLOSURE RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 Darius Drive Enola, PA 17025 Defendant COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Washington Mutual Bank, FA, which is the owner of the entire beneficial interest in the Mortgage, with an address of P.O. Box 1169, Dept· 2665, Milwaukee, WI 53201· 2. Defendant, RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS, an adult individual whose last known address is 4085 DARIUS DRIVE, ENOLA, PENNSYLVANIA 17025. On or about, September 25, 2000, the said Defendant executed and delivered a Mortgage Note in the sum of $123,400.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., 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 1641, Page 1 conveying to original Mortgagee the subject premises· The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and was recorded in the aforesaid County in Mortgage Book 655, Page 832. A copy of the Mortgage and Assignment are attached hereto as Exhibit "B". o The land subject to the Mortgage is: 4085 DARIUS DRIVE, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "C" 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 December 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $27.25 per day From 11/01/2002 To 04/01/2003 ( based on contract rate of 8.2500%) Accumulated Late Charges Late Charges $46.35 From 12/01/2002 to 04/01/2003 Attorney's Fee at 5% of Principal Balance TOTAL $120,544.07 $4,114.75 $185.40 $185.40 $6,027.20 $131,056.82 **Together with interest at the per diem rate noted above after April 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. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice is attached hereto as Exhibit "D". 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.2500% ($27.25 per diem), together with other charges and costs including escrow advances incidental thereto to the~d~of~/df)f's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) WmhOSiO4.tif (1696x2800x2 tiff) [3] WmhOSiO4.tif (1696x2800x2 tiff) [4] WmhO8iO4.tif (1696x2800x2 tiff) [6] WmhOSiO4.tif (1696x2800x2 tiff) [7] WmhOSiO4.tif (1696x2800x2 tiff) [8] ALI. T~AT CI~TA/~N lo~ of land si~uace in ~;e ~ li~ o~ ~c ~8~ ~ ~sin9 ~h ~__~.~Y~ ~ ~ ~ the ~ ~S.O0 ~ ~ ~ ~ ~ of 22.26 ~di~ li~ of ~c S90 ~ ~c 889, ~e C~ss~. ~e V~ r~ in Plan ~0~ ?8, Pa~ 3G ~I~ ~ ~ t~ ~ half ~a ~ ~ ~ ia also ~J~ ~o certain d~ CO ~ ~co~ st~la~sly he~, ~to Ri~ W. RolL.s. WmhOSiO4.tif (t696x2800x2 tiff) [9] WmhOSiO4.tif (1696x2800x2 tiff) [!0] WmhO8iO4.tif (1696x2800x2 tiff) [11] ~, mm · m ~mmm ~m m~ WmhOSiO4.tif (1696x2800x2 tiff) [12] ALL THAT CURTAIN lot of land situate in Hampden Townsh/p, Cumberland County, Coulnonwealth of Pennsylvania more particularly bounded and described am follgws, to wit: BEGINNIN~ at a point on the moughern dedicated right-of-way line of Darius Drive at the dividing line of Lo= 988 and Lot 989; Thence by line of Lot 988 and passing through the per~:ition wall South 39 degrees 09 rainutes 09 second~ East 108.94 feet to a point; Thence by line of land of Whelan ~roee~, Phase III South S3 de,rems 03 utinutes 08 seconds West 22.02 feet to a point at the dividing line of Lot 990 and Lot %89; Thence by of Lot 990 and passing through ~ cmn=er of a partition wall North 39 ~grees 09 minutes 0.9 seconds West 111.44 feet to a point on the southern right-of-way line of Darius Drive; Thence bY said right of way by a c%Irve to the left having a radius of 225.00 feet and an arc length of 22.26 feet to a poizlt at dividing line of Lot #90 and Lot 989, the place oX B~GINNING. COI~TAINING 2,420 square feet. BEIN~ Lot #89 on the Final Subdivision Plan for Whelan Crossing, Phase VI recorded in Plan Book 78, Page 36. B~ING SUBJECT TO the northern half of a drainage eas~nt shown on the above mentioned subdivision plan. TH~ A~OV~ DESCRIBED pres/see is also subject to certain restrictions an~ conditions as shown on the above subdivision Plan. B~ING PART OF THE SAME PP, EMISES which Whelan Associates of which Richard E. YingsC, Jr. is Sole General Partner, by ~heir deed Co he recorded simultaneously herewith, in =he office of the Recorder of Deeds oX Chzmberland County, granted and conveyed unto Richard W. Rollings. ~ood64i~ 7 . .~(~.,~, Wmh08i04.tif (1696x2800x2 tiff) [33] Dine: Feimz~r,j 10. 2003 Loan Numbs. 11272764 7194 4950 0960 0753 1259 February 10, 2003 RICHARD ROLLINGS 4085 DARIUS DR ENOLA PA 17025-1474 Re: I~oan Number: 11272764 Property Address: 4085 DARIUS DR ENOLA, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 'rki,~ is ~m offiei~ _.~_i~ lhzt the mofl?nc, e on yom' hom~ iS ~ ~.~flt ~ ~ I~ ~ ~ fo~. ~ HOMbre'S MOR~AGE AS~ANCE PR~M f~M~ ~V ~ able to h~o w sn~ ~ ~. To ~ if H~AP ~ h~v. v~ ~,~ ~ ~ A ~NSUM~ C~ CO~I-~G A~ ~ 30 DAYS OF ~ of ~s ~ N~ ~m ~ i~ ~n. If ~u ~ ~ ~, ~r~v~ m ~ ~ ~t ~Ag~~lem~p~l~it. y~w~m~~y~ ~1~ b~ ~i~ ~y ~ ~ie to ~p y~ ~ a l~. D~ - DR63 ~e I of 5 ~M, ~d ~ ~n ~u p~v~ ~ ~y ~ ~d ~r ~ ~. Wmh08i04.tif (1696x2800x2 tiff) [34] Dam: Fcbrma7 10, Loan Number: 11272764 LA NOTIFICACION EN ADIUNTO ES DE SUMA IMPORTANCIA, IRJES AFEC~A SU DERRECHO A CONTINUAR VIVIENDO £N SU CASA. SI NO COMPRF. NDE ~ CONTENIDO DE ESTA NOTIFICACION O~'I'ENGA UNA TRADUCCION INMEDIAMENTE ~NDO ESTA AGF..NCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SE~ CARGOS AL NUMERO ME~CIONADO ARRIBA. PUEDES SER ELEG2BLE PARA UN PRESTAMO POR EL PRO~RANLA LL~ "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAIM' EL CUAL PUEDE SALYAR $U CASA DE LA PERD~)A DEL D£RECHO A REAflD~ SU H~3TECA. HOME~'-~ I~%ME(S): RICHARD ROIJ~INI?~ IPROP~RTY ADDP, RSS: 4085 DARIUS DR ~O~A, PA 1502S ~ ACCT. NO.: 11272764 ORIglI~U5 LENDER: FNMA ~ LENDER/SERViCe. R: Hom. eSide Lending HOMEOWNI~'S EMERG]~ICY MORTGAGE ASSISTAN(~ PRO~RAM YOU MAY BE El~Gm1~ FOR FINAN~*X. A.~.~ANCE WNICH CAN SAVE YOUR HOM~ FROM FORECLOSUI~ AND ~ ¥O~ MAK~ FI/r0P~ MORTGAGE pAYMP24TS IF YOU COMPLY WITH THE PROVI~ONS OF TH~ HOMBOWNER'S ~M£RGENCY MORTGAGE ASSISTANCE ACT OF 1983 ~ "ACT"), YOU MAY BE ELIGIBLE FOR ENII~GENCY MORTGAGE ASSISTANCE: - iF YOUR DEFAULT HAS BEEN CAUSPD BY CIRCUMSTANCES BEYOND YOUR CONTROL, - ]P YOU HAVe. A RHASONABL~ PRO~PBCT O~ BEING ABL~ TO PAY YOUR MORTGAGE PAYMENTS, AND - ]P YOU ~-1' OTHI~ ]~LIGIBILITY P~QUIRP. MENTS ESTABLISHED BY TI~ PENNSYLVANDk HOUSING ~INANCI~ AGENCY. ~.~RARY STAY OF FO~SURE - U~]e~ Ih~ A~. you ~ ~ lo · lempor~ slay of fo~c/osum on your mo~ag¢ fo~ ~ (30) 4~ys ~ ~!~ ~ of fids No~c~. During ~wt ~m~ you mus~ ~ ~nd ~nd s "f~x-lo-~ · m~ w~h on~ of ~b~ consort= c~, cmms~iz~ ag~cins ~ m ~e end of mis Not~. T~S O MUST OCCUR ~ THE NEXT (30) DAYS. IF YOU DO NOT AP~LY FOR ~Ai1~CY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DAT~. TH~ PART O~ THIS NOTIC~ CAI .LFr) "HOW TO CURB YOUR MQRTGAGE DEFAULT". ]~/~AIN$ HOW TO BRING YouR MORTGAGE UP TO DATIL CONSU~I~ CRED1T COUN~:~ ING AGENC~ - If you ~ ~ on~ ~f ~¢ ou~som~ ~ =ouns~iu,, ~i~s so~dule one face-to-fa~e meeting. Adv~e yom' ~ immedhte~ of your ~ons. APPliCATION FOR MORTGAGE ASSISTANCE - Yot~ m~ngage is in default ~r ~he ~sons ~ fort~ ln~r in this No, ce (see following page~ for spect~ information nbo~t t~ nana'e of you defm~.) lfyo~ lmve ~d and are -nabl¢ lo resolve th~s problem wi~ ~e lender, you imve the right to apply fo~ financial assurance from t~ Honmown~'s En~rgency Mot~age As~i~nm:e ProD'am. To do so, y(m m~t ~I! om~ si~n nnd ~e a completed Homown~r's ~.m~rgency Assistance Program Appli~atinn ~iti~ one of ~e 4es~gnated consmn~ cred~ coun~elin~ a~es ~ at the e~d of th~ No~:e. ~ consmn~ c~dk ~ounsel~ng agen~e~ ~ve appli=a~on~ for the pmD~n nnd ~-y will a~ you ~n su~n~fin~ a comple~ al~lic~on to tl~ Pennsylvania ~o,,sin~ F~nanee Agency. Your nppli~tinn NU3ST be f~d or postmn~l within ~ O0) days of)our f~z-to-h~e n~e~ng. D~-D~3 ~.2~$ P.O. Box 47524 San Anmnin TX 7~65-7524 1-800-?gl-5504 Hom~Sid~ may be deemed by applicable law lo be a debt colis~tor wi~ respe~ to your loan. This is an attempt m collect a debt, and any infommtion yoa provide us may be used for that putTose. WmhOSiO4.tif (1696x2800x2 tiff) [35] Date: February 10, 2003 Loan Number:. 11272764 YOU MUb'~ FILE YOUR APPLICATION pROMPTLY, lit YOU FAIL TO DO $0 OR IF YOU DO NOT FOLLOW THE OTIIER ~ PERIODS SET FORTH IN TBIS LATTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WII/, BE DENIED. A(~_~CY ACTION - Available funds ~r ~mer~mcy mor~a~e ass~ are very limited. ~ ',v~ll be disbursed by lhe A~y under uhe eligibility ¢,;m4a -~ablished by ~he Act. The Pennsylvania Housing Finance Agency bas sixty (60) days make s decisinn at, er it receives your application. During Ilmt time. no foreciosur~ proceedings will be pursued against you if you have met fl~e time requirements set forth above. Yo~ will be notified directly by ~he Pemurylvanh Nimnc¢ Agency of its decision on your application. NOTE: IF YOU ARE CURRI/:H'I'LY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR i~/lrORMATION PURPOSES ONLY AND SltOI. N_,D NOT BE CONSIDERED AS AN ATTEMI~ TO COLLECT TIlE DEBT. HOW TO (3~R, YOUR MORT~AG~ DEFAULT (Brla~ it ~u t~ NA'I~ORE O~ ~ D~AULT - The MORTGAGE deb~ hem by ~e above ~ on your property ~ocau-'d 4085 DARIUS DR ENOLA, PA 1702~ IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PA~ for ~he folinwiug monU~ ~d ~¢ fo]in,rig ~ ~ ~w p~ ~: ~ D~IN~: 12/02 t~gh 2/0~ TO~ ~Y PA~ ~O~ P~T D~: $ 3,429.78 ACCR~ ~ ~ ~CE: $ 92.70 ~ PROP~ INSPE~I~: $ .00 ~D ~ IT~ F~: $ .00 ~ ~: $ 3,522.48 HOW TO CUP. E THE DEFAULT - Yo~ may rare tl~ default wi&in THIRTY 00) DAYS of ~ ~ of ~ ~ BY PAnG ~ ~T~ ~O~ P~ D~ ~ ~ ~. ~H ~ $3,~.~, ~S ~ MOR~A~ PA~ ~ ~ ~G~ ~ B~O~ D~ DUnG ~ ~ ~) DAY P~D. H~ ~ 9~1 ~ ~, ~ ~P ~-7 Sm A~n~ ~ 7~16 IF YOU DO NOT CURE THE DEFAULT - If yo~ do not cme lhe default within THIRTY (30) DAYS of the dine of ~ outsmndin~ balance of this debt wH! be considered due intm~iately and you may lose ~hc ch~ce to pay the mong~c in momhly imudlmm~s. If full p~ymem of lhe umg amou~ PaSt due is m~t made within THIRTY (30) DAYS, ~h~ lender also imends lo instruct its attorney to m.n legal action to fox~-close upon your mon~aeed orovenv. DRP - DR63 Page 3 of 5 P.O. Box 47524 San Antonio TX 78265-7524 1-800-781-550~ Hon~ide may be deemed by applicable law to be a debt collector wi~ respect to yom- loan. This is an ~,.e_mp~ 1o collect a debt. and any information you ~-ovide us may be used for Ihat purpose. WmhOSiO4.tif (1696x2800x2 tiff) [36] Date: February 10, 2003 Loan Number: 11272764 IF THE MORTGAGE IS NORECLO$1~D UPON - The mortgaged property will be sokl by the Shcriff to pay off the debt. If~ ~ mfer~ your case ~o im attor~ys, but you cure the delh~quency before tim ie~der begins legal proceedings agtinst you, you wi9 still be required lo pay the reasonable amorney's f~s that we~ actually incurred, up to $50.00. However, if legal pmceedin~ arc started a~ains~ you, you will have ~o pay all reasonable attorney's f~m:s azlually incurred by Ihe I~nder even if they exceed $.S0.00. Any anocney's fees v~l be added to the amount you owe the I~lcr, which may also includ~ other reasonable costs. If ~/ou cure ~e .~.=:~t within the THIRTY (30) DAY ~efiod, you will not be requh~l to mY anorn~v's fees. ~ n~ YOUR LOAN HAS BEEN DIS(XIARGED IN BANI~UFI'CY, HOMESIDE IS NOT SEEKING PERSONAL LIABILITY UNDE]t THE LOAN AND WILL ONLY PURSUE ITS RIGHTS AGA~ST THE MORTGAC~D PROPERTY TO THE Ex'r~Ff ALLOWED BY LAW. OTg~R LENDER RI~ED~ - The k~nder may also sue you p~rsomHy for ~he unpaid ~ balance and ~dl other sums d~e under u~e mor~age. RIGHT TO CURE THE DEFAULT PRIOR TO ~gP-~'F'$ SALE - If you have not cu~d the dcfm~ wt~iu the THIRTY ~30'~ DAY ~=,od and ;',., ~-~=-~...~¢ p __~,,,~.o~ luwe ¥.mm= you still have lhe ~nht to cure u~e ~c~ault nnd Ibc sale at any time up to one hour b~re ~e Sheriff's sale. Yot~ may do so bY ~ ~ ~ ~ ~ ~ due, plus any late o~ o~.~r char~ ~n dne~ _r~_.~,h~- amxn~'s f~es and costs connccmd wi~ ~he fore- p~ ~,,...:..; any u~., rem~ ,,,,d~- ~e n~: Curint your ~nmlt in the manner se~ for~ in this ,0t~ va~ rcs~re ~mur mo~_~ ~o Ibc ~n,e ~u as if you hnd never dehul~L mor~sgcd property coukl be l~d would be ~ Six (6) mm~hs from the date of ~h~s N~lce. A notice of ~.reane the longer you wak. You n~/find out at any time exnctly what ~e required payment or action w~ll be by contacting the lender. 960X ~.AXXister F~ (2XD) 525-7730 Tele=o~nn4ca~ons Dev4oe Eo= ~h~ De&~ (210)525-7007 F_.P~"T OF SI-II~RI]~S SALE - You should re~iiz~ ~bnt a Sheriff's ~ak ~11 ~d yo~ ~m:r~ of the mortgaged property and your right m occupy ~ If you cominue to Hve ~n ~ prop~'y afar the Sheriff's S~,% a lawsuit ~o remove you and your furnishings and other belongings could be gritted by the iend~' ~t any ~ne. A.~S~qvlVI'ION ON MORTGAGE - H'provided far in your mortgage inmummt, you may scll or transfer your hmnc to a buyer or mmsfe~e who will assume the mortgage debt, provided that all ~be omst~mding payments, cba~es and a~orney's fees and corn are paid prior to or at 0re sale ~l ~bat the o~r requiren~n~ of the mortgage arc sa~sfied. To find out if your mortgage qualifies for an assumption/sale, ple~e contnct ibc Assump~on Dcparm~ a~ 1-800-845-3649. Page 4 P.O. Box 47524 San Antonio TX 78265-7524 1-800-7~1-5504 Hon~Skle may be decraed by apglicable law to be a debt collector with respect to your loan. This is an attempt to collec~ a debt, and any information you provide us may be used for fl~at purpose. Wmh08i04.tif (1696x2800x2 tiff) [37] Da~:Felm~ryt0,2003 Loan~mber. l12727~ YOU MAy ALSO HAVE THE RIGHT TO SELL THE FROPF, RTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM AN~ LENDING INb-l-iI-t.rrloN TO PAY OFF THIS DEBT. TO HAVE THIS DFA=AULT CURED BY ANY TIilRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE ~RF.,D TO THE SAME POSITION AS 1~ NO DF. FAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO A..q.qERT ~ NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE MORTGAGE DOCUMENTS. TO ASSERT ANY OTI~.,R DEFENSE YOU tt~..l .~.~ YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEeK PROTECTION UNDER T~E FEDF~AL BANKRUPTCY LAW. CON~'LIhdKI~ CRI~D1T COUN.~-I .l~O AOENGY~) ~F.,RVING YOUR COUNTY: Adams County Housins Auflmray CCCS of Wesern PA ~ A~ ~ of ~ ~ 1~143 ~ S~ ~ ~ ~ 1514 ~ ~ ~s~ PA 1~ ~ PA 171~ ~g, PA 171~ ~1~3~1518 01~1-1757 ~1~-~ ~ ~ S~ of~ ~, ~ ~A 43 ~ A~ 23~ N~ 5~ S~ 2101 N~ From ~ Wa~, PA 1~ Hmis~ PA 17110 ~ PA 17110 Ur~ ~ of ~ ~ ~ PA I~101 Pa~e 5 of $ P.O. Box 47524 San Antonio TX 78265-7524 1-800-781-5504 HomeSide may be deemed by applicable hw to be a debt collector with respect m your loan. This is an auempt to collect a debt, and any information you provide us may be used for ii,,* puqx~se. COMPANY NAME: Mortgage Electronic Registration Systems, Inc. C/O Washington Mutual Bank, FA P.0.Box 1169, Dept. 2665, Milwaukee, WI 53201 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 unsworn falsification to authorities. D~ed 3/27/03 Title SHERIFF'S RETURN - REGULAR CASE NO: 2003-01404 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS ROLLINGS RICHARD ET AL SHAWN HARRISON , 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 ROLLINGS RICHARD DEFENDANT , at 1917:00 HOURS, on the 31st day of March , 2003 at 4085 DARIUS DRIVE ENOLA, PA 17025 by handing to RICHARD ROLLINGS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this /0 ~ day of ~} A.D. v ~rothonotary So Answers: R. Thomas Kline 04/01/2003 PURCELL KRUG~ By: /VDepu~, Sheriff SHERIFF'S RETURN NOT FOUND CASE NO: 2003-01404 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS ROLLINGS RICHARD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT ROLLINGS RICHARD AKA RICHARD W ROLLINGS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to , ROLLINGS RICHARD AKA RICHARD W the within named DEFENDANT ROLLINGS , RICHARD ROLLINGS MOVED OVER 2 YEARS AGO. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 R/ Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER 04/01/2003 Sworn and subscribed to before me this /~ ~ day of 0~,~ ~1~ A.D. Pr6t~no~r~' ~ · SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-0140& P COMMONWEALTH OF PE~SYLVANIA COUNTY OF CUMBERLA~[D MORTGAGE ELECTRONIC REGISTRAT VS ROLLINGS RICHARD ET AL R. Thomas Kline according to law, the within named DEFENDANT , ROLLINGS RICHARD AKA RICHARD W ROLLINGS unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for He therefore to wit: but was returns the the within named DEFENDANT ROLLINGS 5009 MUIRFIELD PLACE MECHANICSBURG, PA 17050 SERVICE STOPPED PER FAX FROM ATTORNEY WHICH STATED THAT DEFENDANT HAD FILED BANKRUPTCY. NOT SERVED , as to ROLLINGS RICHARD AKA RICHARD W Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 / R. Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER 06/09/2003 Sworn and subscribed to before me this /~-~/~ day of ~_ Prothonotary SHERIFF'S CASE NO: 2003-01404 P COMMONWEALTH OF PENNSYLVA/~IA COUNTY OF CUMBERLanD MORTGAGE ELECTRONIC REGISTRAT VS ROLLINGS RICHARD ET AL RETURN - NOT SERVED R. Thomas Kline according to law, the within named DEFENDANT ROLLINGS RICHARD unable to locate Him COMPLAINT - MORT FORE , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for , to wit: in his bailiwick. He therefore but was returns the the within named DEFENDANT NOT SERVED , as to , ROLLINGS RICHARD 4085 DARIUS DRIVE ENOLA, PA 17025 SERVICE STOPPED PER FAX FROM ATTORNEY WHICH STATED THAT DEFENDANT HAD FILED BANKRUPTCY. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 / R[ Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER 06/09/2003 Sworn and subscribed to before me this /2 ~ day of~ Prothonotary MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. RICHARD ROLLiNGS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 2003-01404 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: July 14, 2003 PURCELL, KRUG,& HALLER Leon P.%taller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 SHERIFF'S RETURN - CASE NO: 2003-01404 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS ROLLINGS RICHARD ET AL REGULAR KENNETH GOSSERT Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE ROLLINGS RICHARD AKA RICHARD W ROLLINGS DEFENDANT , at 1512:00 HOURS, on the at 4085 DARIUS DRIVE ENOLA, PA 17025 RICHARD ROLLINGS a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 1st day of August , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this cf~ day of ~ trrothonot ary, So Answers: R. Thomas Kline 08/04/2003 PURCELL KRUG HALLER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, PLAINTIFF VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-01404 MORTGAGEFORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) RICHARD ROLLINGS A/FdA RICHARD W. ROLLINGS for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $27.66 From 11/01/2002 To 04/01/2003 Accumulated Late Charges Late Charges ($46.35 per month to 04/01/2003) 5% Attorney's Commission TOTAL $120,544.07 $4,930.43 $185.40 $185.40 $6,027.20 $131,056.82 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG -J~eo"r~aller PA I.D. (~5700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW AT NO. 2003-01404 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, PLAINTIFF VS. RICHARD ROLLINGS A/FdA RICHARD W. ROLLINGS, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT Interest Per diem of $27.66 to sale date Accumulated Late Charges and Late Charges $46.35 per month to sale date Escrow Deficit 5% Attorney's Commission TOTAL WRIT $131,056.82 $9,128.75 $185.40 $509.85 $1,500.00 6,027.20 $142,195.42 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: WEDNESDAY, MARCH 03, 2004 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned..~,~_,..~ Attorney for Plaintiff J./"J ~'f./ / 1719 North Front Street /[Teon"lL Hailer / Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION o MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 4085 DARIUS DRIVE ENOLA, PENNSYLVANIA 17025 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerd dedicated right-of-way line of Darius Drive at lhe dividing line of Lot//88 and Lot//89; Thence by line of Lei//88 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 108.94 feet to a point; Thence by line of land el Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 22.02 feet to a point at the dividing line of Lot //90 and Lot #89; Thence by line of Lot//90 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 111.44 feet to a point on the southern right-ot'-way line of Darius Drive; Thence by said right-of-way by a curve to the left having a radius of 225.00 feet and an arc length oF 22.26 feet to a point at the dividing line of Lot//90 and Lot #89, the place of beginning. CONTAINING 2,420 square feet. BEING Lot//89 on the Final Subdivision Plan for Whelan Crossing, Phase VI, prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on July 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO the northern half of a drainage easement as shown on the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is als? subject to certain restrictions and conditions as shown on the above mentioned subdivision plan. UNDER AND SUBJECT TO Covenants, Easements, Restrictions, Reservations and Rights of Way of Record, including, without limitation, those listed in the Declaration for Whelan Crossing, (a planned community subject to the previsions oi' the Uniform Planned Community Act, 68 Pa.C.S. {}5101 et seq.) filed by Whelan Associates, L.P. and recorded on August 12, 1997, in the Cumberland County Recorder of Deeds Oi'fice, in Miscellaneous Book 554, Page 480, as amended. Said Declaration provides for a homeowners' association and specifies the rights and obligations of all Owners of Units in Whelan Crossing. HAVING THEREON ERECTED A DWELLING KNOWN AS 4085 DARIUS DRIVE ENOLA, PENNSYLVANIA 17025 BEING THE SAME PREMISES WHICH Whelan Associates, L.P., Richard E. Yingst, Jr., sole General Partner, Janet R. young and David L. Young, Kathleen A. Rittner, by her Attorney in Fact Janet Ritmer a/k/a Janet R. Young, Janice E. Rittner aYk/a Janice A. Rittner individually and as Executrix of the Estate of Ernest L. Rittner, by Deed dated 9/21/00 and recorded 9/27/00 in Cumberland County Deed Book 229, Page 792, granted and conveyed unto Richard W. Rollings. TO BE SOLD AS THE PROPERTY OF KICHARD ROLLINGS AflK/A RICHARD W. ROLLINGS ON JUDGMENT NO. 2003-01404 ASSESSMENT NO. A10-14-0837-103 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. c/o Washington Mutual Bank, FA, PLAINTIFF VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-01404 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. ItALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this COMMONWEALTH OF PENNSYLVANIA Trad M. Colm, Nolaly Pub#c My Commlsa,~on F_x~ Aug. 21.2007 Member. Pennsylvania Ass(~iatio~ Of Noterfe! MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, PLAINTIFF VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-01404 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on September 4, 2003 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Y Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Washington Mutual Bank, FA P.O. Box 1169 Dept 2665 Milwaukee, WI 53201 Plaintiff VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 Darius Drive Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-01404 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: September 4, 2003 TO: RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 DARIUS DRIVE ENOLA, PA 17025 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRU~ LEEIN~P. H"A"~LER, Attorney for Pl/a(ntiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, PLAINTIFF VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-01404 IN MORTGAGEFORECLOSURE AFFIDAVIT PURSUANT TO RULE 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 4085 DARIUS DRIVE ENOLA, PENNSYLVANIA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 DARIUS DRIVE ENOLA, PA 17025 2. Name mid address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Household Realty Corporation 5106-H-Jonestown Road Colonial Commons Harrisburg, PA 17112 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: DOMESTIC RELATIONS Cumberland County Courthouse Hanover 8~ Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject_to the penalties of lB PA C.S. Section 4904 relating to unsworn falsification to a~~ Leon P.~.D. ~15700 Purcell,~Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:December 2, 2003 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. ¢/o Washington Mutual Bank, FA, PLAINTIFF VS. RICHARD ROLLINGS MI(IA RICHARD W. ROLLINGS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-01404 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the SheriWs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 03, 2004 TIME: 10:00 O'clock A.M. LOCATION: 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: 4085 DARIUS DRIVE ENOLA, PENNSYLVANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2003-01404 JUDGMENT AMOUNT $131,056.82 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 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 AND 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 HELD, 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 WHERE 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, Pennsylvania 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 Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerfl dedicated right-of-way line of Darius Drive at the dividing line of Lot #88 and Lot #89; Thence by line of Lot #88 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 108.94 feet to a point; Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 22.02 feet to a point at the dividing line of Lot #90 and Lot #89; Thence by line of Lot #90 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 111.44 feet to a point on the southern right-of-way line of Darius Drive; Thence by said right-of-way by a curve to the left having a radius of 225.00 feet and an arc length of 22.26 feet to a point at the dividing line of Lot #90 and Lot fl89, the place of beginning. CONTAINING 2,420 square feet. BEING Lot #89 on the Final Subdivision Plan for Whelan Crossing, Phase VI, prepared by ACT ONE Consultants, inc. dated February 25, 1998, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on July 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO the northern half of a drainage easement as shown on the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions and conditions as shown on the above mentioned sut:Jdivision plan. UNDER AND SUBJECT TO Covenants, Easements, Restrictions, Reservations and Rights of Way of Record, including, without limitation, those listed in the Declaration for Whelan Crossing, (a planned community subject to the provisions of the Uniform Planned Community Act, 68 Pa.C.S. {}5101 et se_.~..q.) flied by Whelan Associates, LP. and recorded on August 12, 1997, in the Cumberland County Recorder of Deeds Office, in Miscellaneous Book 554, Page 480, as amended. Said Declaration provides for a homeowners' association and specifies the dghts and obligations o[ all Owners of Units in Whelan Crossing. HAVING THEREON ERECTED A DWELLING KNOWN AS 4085 DARIUS DRIVE ENOLA, PENNSYLVANIA 17025 BEING THE SAME PREMISES WHICH Whelan Associates, L.P., Richard E. Yingst, Jr., sole General Partner, Janet R. young and David L. Young, Kathleen A. Rittner, by her Attorney in Fact Janet Rittner affJa Janet R. Young, Janice E. Ritmer a/k/a Janice A. Ritmer individually and as Executrix of the Estate of Ernest L. Rittner, by Deed dated 9/21/00 and recorded 9/27/00 in Cumberland County Deed Book 229, Page 792, granted and conveyed unto Richard W. Rollings. TO BE SOLD AS THE PROPERTY OF RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS ON JUDGMENT NO. 2003-01404 ASSESSMENT NO. Al0-14-0837-103 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ¢/o Washington Mutual Bank, FA, PLAINTIFF VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS, DEFENDANT(S) IN THE COUPT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-01404 IN MORTGAGE FORECLOSURE RETURN OF SERVICE ~ t ~I herelly certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ]~ [(4[0~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.i~. 31129.11 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, which mailing receipts are attached. Service addresses are as follows: RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 DARIUS DRIVE ENOLA, PA 17025 Household Realty Corporation 5106-H-Jonestown Road Colonial Commons Harrisburg, PA 17112 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 PU'~CELL, I~UG & HALLEP( Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOWARD B. KRUG LEON P. HALLER JOHN W PURCELL JR. JILL M. WINKA BRIAN J. TYLER NICHOLE M STALEY O'GORMAN LAW OFFICES 1719 NORTH FRONT STREET HARRISBURG, pENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W PURCELL VALERIE A. GUNNOF COUNSEL RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 DARIUS DRIVE ENOLA, PA 17025 Household Realty Corporation 5106-H-Jonestown Road Colonial Commons Harrisburg, PA 17112 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh 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, by b~i~,~fied of said Sheriffs Sale. By~~'- e/~ / Leon P. Haller PA I.D. 15700t Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA, PLAINTIFF VS. RICHARD ROLLINGS A/IOA RICHARD W. ROLLINGS, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-01404 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sherifl's Sale of Real Property (real estate) will be held: DATE: TIME: Wednesday, March 03, 2004 10:00 O'clock A.M. LOCATION: 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 improvemems erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 4085 DARIUS DRIVE ENOLA, PENNSYLVANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2003-01404 JUDGMENT AMOUNT $131,056.82 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 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 AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN 1SSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HI*.I~D~ 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 WHERE 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, Pennsylvania 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 Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerr~ dedicated right-of-way line of Dadus Drive at the dividing line of Lot #88 and Lot #89; Thence by line of Lot #88 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 108.94 feet to a point; Thence by line of land of Whelan Crossing Phase III South 53 degrees 03 minutes 08 seconds West 22.02 feet to a point at the dividing line of Lot #90 and Lot #89; Thence by line of Lot #90 and passing through the center of a partition wall North 39 degrees 09 minutes 09 seconds West 111.44 feet to a point on the southern right-of-way line of Darius Drive; Thence by said right-of-way by a curve to the left having a radius of 225.00 feet and an arc length of 22.26 feet to a point at the dividing tine of Lot #90 and Lot #89, the place of beginning. CONTAINING 2,420 square feet. BEING Lot #89 on the Final Subdivision Plan for Whelan Crossing, Phase VI, prepared by ACT ONE Consultants, inc. dated February 25, 1998, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on July 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, Page 36. BEING SUBJECT TO the northern half of a drainage easement as shown on the above mentioned subdivision plan. THE ABOVE DESCRIBED premises is also subject to certain restrictions and conditions as shown on the above mentioned su6division plan. UNDER AND SUBJECT TO Covenants, Easements, Restrictions, Reservations and Rights of Way of Record, including, without limitation, those listed in the Declaration for Wheian Crossing, (a planned community subject to the provisions ol the Uniform Planned Community Act, 68 Pa.C.S. §5101 et se__q.) filed by Whelan Associates, L.P. and recorded on August 12, 1997, in the Cumberland County Recorder of Deeds Office, in Miscellaneous Book 554, Page 480, as amended. Said Declaration provides for a homeowners' association and specifies the rights and obligations of all Owners of Units in Whelan Crossing. HAVING THEREON ERECTED A DWELLING KNOWN AS 4085 DARIUS DRIVE ENOLA, PENNSYLVANIA 17025 BEING THE SAME PREMISES WHICH Whelan Associates, L.P., Richard E. Yingst, Jr., sole General Partner, Janet R. young and David L. Young, Kathleen A. Rittner, by her Attorney in Fact Janet Ritmer a/k/a Janet R. Young, Janice E. Rittner a/k/a Janice A. Rittner individually and as Executrix of the Estate of Ernest L. Ritmer, by Deed dated 9/21/00 and recorded 9/27/00 in Cumberland County Deed Book 229, Page 792, granted and conveyed unto Richard W. Rollings. TO BE SOLD AS THE PROPERTY OF RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS ON JUDGMENT NO. 2003-01404 ASSESSMENT NO. Al0-14-0837-103 WASHINGTON MUTUAL BANK, FA v. RICHARD ROLLINGS A/I~A RICHARD W. ROLLINGS Cumberland County Sale 3/3/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 DARIUS DRIVE ENOLA, PA 17025 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Household Realty Corporation 5106-H-Jonestown Road Colonial Commons Harrisburg, PA 17112 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 Postmark: $ 00.90° MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. RICHAD ROLLINGS A/K/A RICHARD W. ROLLINGS Defendant :IN THE COURT OF COMMON PLEAS : :CUMBERI.~dqD COUNTY, : CIVIL ACTION - PENNSYLVANIA LAW NO. 03-11404 CIVIL TERM IN MORTGAGE FORECLOSURE WAIVER OF NOTICE Pennsylvania Housing Finance Agency, }laving received Notice of Sheriff's Sale scheduled for March 3, 2004, hereby waives notice of said Sale as required under Section 3129.2 of the Pennsylvania Rules of Civil Procedure. PENNSYLVANIA HOUSING FINANCE AGENCY By: ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 3r__~d day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1404, at the suit of Mtg Electronic Re g Systems Inc against Richard Rollings aka Richard W is duly recorded in Sheriff's Deed Book No. 262, Page 4182. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of , , A.D200~, ~ /~J /~~ Recorder of Deeds ' Mortgage Electronic Registration Systems, Inc. c/o Washington Mutual Bank, FA VS Richard Rollings a/k/a Richard W. Rollings In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1404 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2003 at 8:20 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: Richard Rollings a/k/a Richard W. Rollings, by making known unto Richard Rollings, personally, at 4085 Darius Dr., Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 6:23 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard Rollings a/kJa Richard W. Rollings located at 4085 Darius Dr., Enola, 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: Richard Rollings a/kJa Richard W. Rollings, by regular mail to his last known address of 4085 Darius Dr., Enola, PA 17025. This letter was mailed under the date of January 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 North Market Street, Suite 800, Philadelphia, PA 19102, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $1,154.64, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 22.64 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20.00 Law Journal 493.25 Patriot News 386.35 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,154.64 Swom and subscribed to before me So~s: This ]7~ day of ~ R. Thomas Kline, Sheriff 2004, A.D. Q_~,.__ /~ ~t<'gg,,~, c~ P o onot y v Real Estate Deputy Real Estate Sale # 71 On December 11, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 4085 Darius Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 11, 2003 By: ~ Real Estatc:S~Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA Plaintiff VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS De£~ndant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-01404 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ASSIGNMENT OF BID TO THE SHERIFF: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ¢/o Washington Mutual Bank, FA, as agent for FEDERAL NATIONAL MORTGAGE ASSOCIATION, hereby assigns its bid in the above matter to FEDERAL NATIONAL MORTGAGE ASSOCIATION, 1900 North Market Street, Suite 800, Philadelphia, PA 19102. Leon P. Hailer, Esquire Attorney for Plaintiff PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATED: 04/20/04 THE PATRIOT NEWS THESUNDA Y PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 ail have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County~)f Daup~h ~ in Miscellaneous Book 'M", Volume 14, Page 317. ~ ~ PUBLICATION .............................................. COPY ~wern to e~,J.ouJ~4~nl~ed ~fore/l~his 23rd day .~'Febr~l~2004 A.D. I Notana~,~e~\_ ~ //I / '/ / / ~. ~.~ ~ - NOYARY PUBLIC My ~mmission expires June 6, 20~ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUI~fY COU R'I'HOUSE 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 Total $ 386.35 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: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I~AL ~STA'I~ 8~J~R NO. 71 Writ No. 2003-1404 Civil Mortgage Electromc Registration Systems, Inc. c/o Washington Mutual Bank, FA VS. Richard RalliB~s. a/k/a Richard W. Rollings Atty: Leon P. Hailer ALL THAT CERTAIN lot or tract of land situate in Hampden Town- ship, Cumberland County. Com- monwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern dedicated right-of-way line of Darius Drive at the dividing line of Lot #88 and Lot #89: Thence by line of Lot #88 and passing through the center of a partition wall South 39 degrees 09 minutes 09 seconds East 108.94 feet to a point; 'Itmnce by line of/and of Whelan Crossing ~gisa Made Coyne, Edipr SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 ~w ~-/ NOTARrAL SEAL ~' LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 E~st 108.94 feet to a point; Thence by line of land of Whel~ Crossing Phase 111 South 53 degrees 03 min utes 08 seconds West 22.02 feet to a point at the dividlBg line of Lot #90 and Lot #89; Thence by line of Lot #90 and passing through the center of a partition wall NoI~h 39 degrees 09 minutes 09 seconds West 111.44 feet to a point on the southern right-of-way line of Darius Drive; Thence by said right-of-way by a curve to the left having a radi- us of 225.00 feet and all arc length of 22.26 feet to a point at the divid lng line of Lot #90 and Lot #89. the place of beginning. CONTAINING 2,420 square feet. BEING Lot #89 on the Final Sub- division Plan for Whelan Crossing, Phase VI. prepared by ACT ONE Consultants, Inc. dated February 25, 1998, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on July 21, 1998, in Plan Book 77, Page 23. Said Plan re-recorded in Plan Book 78, page 36. BEING SUBJECT TO the north- ern half of a drall~age easement as shown on the above mentioned subdivision plan. THE ABOVE DESCRIBED prem- ises is also subject to certain re- strictions and conditions as shown on the above mentioned sub<liviaion plan. UNDER AND SUBJECT TO Cov- enants, Easements. Restrictions, Reservations and Rights of Way of Record, including, without limita- /ion, those listed in the Declaration for Whelan Crossing, (a planned community subject to the provisions of the Uniform Planned Community Act, 68 Pa.C.S. §5101 et seq.) filed by Whelan Associates, L.P. and re- corded on August 12, 1997, in the Cumberland County Recorder of Deeds Office. in Miscellaneous Book 554. Page 480, as amended. Said Declaration provides for a home- owners' association and specifies the rights and obligations of all Owners of Units in Whelan Crossing. HAVING THEREON ERECTED A DWELLING KNOWN AS 4085 DARIUS DRIVE, ENOLA. PENNSYL- VANIA 17025. BEING THE SAME PREMISES WHICH Whelan Associates, L.P., Richard E. Ylngst, Jr., sole General Partner. Janet R. Young and David L. Young. Kathleen A. Rittner, by her Attorney in Fact Janet Rittner a/k/a Janet R. Young, Janice E. Rittner a/k/a Janice A. Rittner in- dividually and as Executrix of the Estate of Ernest L. Rlttner, by Deed dated 9/21/00 and recorded 9/27/ 00 in Cumberland County Deed Book 229, Page 792, granted and conveyed unto Richard W, Rollings. TO BE SOLD AS THE PROPER- TY OF RICHARD ROLLINGS A/K/A RICHARD W. ROIZINGS ON JUDG- MENT NO. 2003-01404. ASSESSMENT NO. Al0 14 0837- 103.