Loading...
HomeMy WebLinkAbout01-1745 FX ~ . , ," , k ":'~' --., .. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK 505 SOUTH MAIN STREET, SUITE 6000 ORANGE, CA 92868-4509 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff - NO. 01- 17l/{ twJ v. CUMBERLAND COUNTY LUEL YN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013. (717) 249-3166 Loan #: 0017917436 ~ v -~ .1 . "",1: 1. Plaintiff is WASHINGTON MUTUAL BANK 505 SOUTH MAIN STREET, SUITE 6000 ORANGE, CA 92868-4509 2. The name(s) and last known address(es) of the Defendant(s) are: LUEL YN M. CARCHIDI 203 WlDDERS DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 8/24/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1636, Page 521. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." .1 -,I I" '~o .I - 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 3/1/01 (Per Diem $31.92) Attorney's Fees Cumulative Late Charges 8/24/00 to 3/1/01 Cost of Suit and Title Search Subtotal $104,213.03 4,851.84 4,000.00 298.45 550.00 $113,913.32 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $113,913.32 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. !l1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in!!lli! Judgment against the Defendant(s) in the sum of $113,913.32, together with interest from 3/1/01 at the rate of$31.92 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. -?-~ ~1~ " / s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .. - ',I I> . j o' ,t._~., k -~-'k ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: January 23, 20n FORECLOSURE TO: Luelyn M. Carchidi 203 Widders Drive Mechanicsburg, PA 17055-5777 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour borne is in default and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached oages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helo to save vour home. This Notice exolains how the orogram works. To see ifHEMAP can helo. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when Vou meet the Counseline: Ae.encv. The name. address and ohone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. Ifvou have anv auestions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with imoaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRA.:Y[A LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CliAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXH\B\T A -'T''"~'--~~' " .~ , J.' , '.~~ STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Luelyn M. Carchidi PROPERTY ADDRESS: 203 Widders Dr.-Mechanicsburg, PA 17055 LOAN ACCT. NO.: 0017917436 ORIGINAL LENDER: Ameriquest Mortgage Company CURRENT LENDER/SERVICER: Ameriquest Mortgage Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL V ANlA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counseling agencies listed at the end of this notice the lender mav NOT take action against vou for thirtY (30) davs after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propertY is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and me a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing IXH\B\l A, ~" .-1--., .1 'j', Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have filed bankrn te ou can still a I for Emer ene Mort a e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UP to date). NATURE OF THE DEF AUL T -The MORTGAGE debt held by the above lender on your property located at: 203 Widders Dr.-Meehaniesburg, P A 17055 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 11/1/00 thru 1/1/01 at $994.77 per month. Monthly Payments Plus Late Charges Accrued $3,223.07 NSF: $0.00 Inspections: $0.00 Other: $0.00 (Suspense): $0.00 Total amount to cure default $3,223.07 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/ A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,223.07, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or monev order made pavable and sent to: AMERIQUEST MORTGAGE COMPANY, 505 South Main Street, 6th Floor, Orange, CA 92868, Attention:Collections Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/ A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose UDon your mortlZalZe oroDertv, IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default WIthin the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to EXHIBIT A ;-,L-'~~ "J .__1 .;I, ~~.; cure the default and orevent the sale at any time uo to one hour before the Sheritrs Sale. You may do so bv oavin2 the total amount then oast due. Dins any late or other char2es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecified in writin2 bv the lender and bv oerformin2 any other requirements under the mort2a2e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheritrs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMERlQUEST MORTGAGE COMPANY 505 South Main Street, 6th Floor Orange, CA 92868 Tel:(800) 430-5262 Attention: Collections Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheritrs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, Attn: Collections Department AMERIQUEST MORTGAGE COMPANY Account No.: 0017917436 Mailed by 1" Class mail/Certificate of Mailing and Certified Mail No: , Certified Article Number" . c- 710b ~575 12"14 ]'''lD0 6553 . 'SENDEEtSRECORO' '. EXHIBIT A -..; -~ ,-- Jw'._.~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 20 I Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W, Market Street POB 1127 Wilkes-Barre, PAl 8702 (570) 821-0837 0' (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity ofLuzerne County 163 Ambo< Lane Wilkes-Barre, PAl 8702 (570) 826-0510 0' (800) 822-0359 FAX (570) 829-1 665--{Call Befo" Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631--{Call Before Faxing) (570)836-4090 Tunkhannock Booker 1. Washington Center 1720 Holland Center E,ie, PAl 6503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of West em Pennsylvania, Inc. 2000 LingJestown Road Harrisbu,g, P A 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N, 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corom of the Capital Region 1514 Derry Street Harrisbu'g, PAl 71 04 (717) 232-9757 FAX (717) 234-2227 CCCS of Northeastern P A 1631 South Athenan St., Suite 100 State College, P A 1680 I (814) 238-3668 FAX (814) 238-3669 COLUMBIA COUNTY 1400 Abington Executive Park Suite 1 Chucks SummiL PAl 84 I I (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 CRAWFORD COUNTY Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango VaHey Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counselin~ Services of Franklin 31 West 3rd Street " Waynesboro, PA 17268 (717) 762-3285 YWCA of Cadisle 301 "G" Street Carlisle, PA 17013 e (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysbu'g, PA 17325 (717)334-1518 FAX334-8326 PENNSYL VANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBIT A . -< _N' ~ '_', k ,J_, .t= ALL THAT Cl!RTAIN tr""t of land situate in MantOe Townsbil'. CUmbe:land County. Pennsylvania, being mote particularly bounded and described os follows, '0 wit: BEGINNING at a POiD' 00 the eastm1 sidc of Widdem Drivc, a fifty (50) fool wide stre..; lIumce aloog lands now or formerfy of Uoyd B. Widdo<s. North sixlY-seven (67) de_ cisJlteez> (18) minutes sixteen (16) seconds East,. DOC hundta4 nlae<een BOd fiftY-two Inm<h<odths (119.52) fcet lO a point at Lot No. 24; t&eace along Lo. No. 24, Sooth eighteezs (18) degrees twO (2) mbwle$ .wenty-slx (26) seconds East, 00' hundr<:d cleven and slXly-six hUJ:ldredrhs (111.66) fee. '0 a point a. Lot No. 23; lh_ along Lot No. 23. South Ihirty (30) degJl!eS flIty-onc (51) minutes fotty-eisJl. (48) secoztds East, twenty-nine and twCttty-.wo hundredths (29.22.) feet 10 . p_t a' Lo. No. 30; thence al~ Lo. No. 30. South alxlY-sevOl1 (67) degrees 101gb...... (la) mlnutes si:lc"'en (16) seconds West. ODC hun_ fourteen and si:lcty-ducc hun_cbs (114.63) feet to a point on the castent side of Wlddem Drive; thence along the eastem aide of Wlddcn; Drive. North .wenty-two (22) degrees, fony-ODe (41) minutes forty-four (44) seconds West, on" hundred forty (140) feet to a point on the castem side of Widdcrs Drive.., and the place of BEGINNING. BEma Lot No~ 29 of Monroe Acres, as shown on Section Bt i.a accordance With a survoy of Larsen and Brilhart.. Inc., Re&istere.d Survc:yors~ dated June 18, 1970, and I'c:corded in Plan Book 22. at page 1. RA VlNG THEREON ~ a modified spill-level brick and aluminum sieling dwelling Ilumbcte<! 203 Wldders Drive. .' .~, , , " _~'J " ,- ~ .'. 'I;';'. "~ , ,- < , ~', 'I: r ~ . ... VERIFICATION Priscilla Clark hereby states that he/she is Foreclosure Specialist of mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: '3\(0\0\ ~j~~ !J&J priscilla Clark, Foreclosure Specialist q;j~~"~j~li!i1O~i\fii,tm~~~!~II#!t$IWllJl.i~~H'i!t'k!lt,,-,,,-.lj~;';,t~"""""'''-<Ml&i';~lli'-ij"~.~-,""_. ~""-'''''"--","' ~~ ~ ~""_'~'-_'''''''''''.::a\iiii:i~ - ~~'""'""'I -/. '. \8 ~ ~ ~ ~ ~ &' ~ ~. ~ C) 0 c '-.. ~ -ofB ~~t~ -:j c;;. \ \ nlff' ::-:J ' . 7"-' ,. ~ "--.<-' ." ~ ZT ,.....j (":'-j ~~ , (j) ,,~~ (',i"j r -<./ ~~ ~~~ ~~~) VJ c.. ~ :7.:::>:" "-----.---: Cv ,,1 :::i: ;-;:';~ )> ('" 0 C 'J '-. ~::: :::- :::~ --j CD -< r,,,,) .< =~.~~, .=c _ " ~_, - - "'~--, " , :1-"""1 ~-," _ _f ~ ",.;-,,:-1,_-,., -liiJ-! . ( ~EDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Snbnrban Station Snite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff t WASHINGTON MUTUAL BANK 505 SOUTH MAIN STREET, SUITE 6000 ORANGE, CA 92868-4509 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 01-1745 LUELYN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, P A 17055 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against LUEL YN M. CARCHIDI, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 3/1/01-5/21/01 $113,913.32 $2,617.44 TOTAL $116,530.76 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rille 237.1, copy attached. ~ </dlA~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: fYl~d} .;2.1 .;).O<J \ ~j/J)';' J 12. ( . ~ M "TillS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLEcr A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " ~ I ..=~-'-~'" '"","", _.1 ''"C,ii . . FEDERMAN AND PHELAN, L.L.P. trank Federman, Esquire Identification No. 12248 'One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF I WASHINGTON MUTUAL BANK COURT OF COMMON PLEAS CIVIL DIVISION vs. LUELYN M. CARCHIDI CUMBERLAND COUNTY NO. 01-1745 Defendant(s) TO: LUELYN M. CARCHIDI 203 SOUTH MAIN STREET, SUITE 6000 MECHANICSBURG,PA17055 FILE COpy DATE OF NOTICE: MAY 10.2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNfY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff -~ , I. --I ~"~, ... .. I FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff W ASIDNGTON MUTUAL BANK : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CML DIVISION LUELYN M. CARCHIDI : NO. 01-1745 Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant LUELYN M. CARCHIDI is over 18 years of age and resides at 203 WIDDERS DRIVE, MECHANICSBURG, P A 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~. FRANK FEDERMAN Attorney for Plaintiff II 0.' . I L ",,,', 1-., s .,. . ') (Rule of Civil Procedure No. 236 - Revised) W ASIDNGTON MUTUAL BANK : CUMBERLAND COUNTY Plaintiff : Court of Commou Pleas vs. : CIVIL DIVISION LUELYN M. CARCHIDI : NO. 01-1745 Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on MAY r;} 3 .2000. ~y 40". "'---,P. ~~ J'"i)EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **TIDS Ji1RM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~Mrtt__~JitI.~,:JfIijj-I:1-",i;~I'8!i~ii...~JrhM>>ill;mvMi*~l'".W1.""~_"'-&-;",,-dd',,\;."'''''''''_~oA~>il."i>i~I_'- .",- -. r ""'"~ ~.,- f!JU1U" (') C::) C ~ -<q ::?~ ~7~-: tv -:() ;~,~~; ~ ~. ~ .t._. T'J 8 L'-:_ (/; (...-.:' -< r~- .,- -n ~ ~ ff! ;g :"-.) '.j ........ 6' ."~j z > .{) ...... --1 -",. <:..-"! & -< .i~ :< ~ ~ - z.t~ -"~~~, >."= ,~.- ,'" - ,,~"' .~-"' "' =-. - , ,~ ~ . . -\ Ii h ,. I "--' ~~ ~- """,1 I~ ", SHERIFF'S RETURN - REGULAR CASE NO: 2001-01745 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS CARCHIDI LUELYN M STEVEN M. WHISTLER , Sheriff or Deputy Sheriff of Cumberland county,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARCHIDI LUELYN M the DEFENDANT. , at 1708:00 HOURS, on the 3rd day of April , 2001 at 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 by handing to LUELYN M. CARCHIDI 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 Service Affidavit Surcharge So Answers: 18.00 5.58 .00 10.00 .00 33.58 r-~~ R. Thomas Kline 04/04/2001 FEDERMAN & PHELAN me this /Il::::..- day of By~1Jt,4J~ Deputy Sheriff Sworn and Subscribed to before GN :uo I A.D. ~ C. InL,e; '/~ P othonotary .1-,..,--1 t _l - ,_~...L k . ~ ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK Plaintiff, CUMBERLAND COUNTY v. No. 01-1745 LUEL YN M. CARCHIDI Defendant{s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $116,530.76 Interest from 5/21/01 to 9/5/01 (per diem - $19.16) $2,049.66 and Costs TOTAL $118,580.42 ~~ "' ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. ~4tlffflllf~ir=-ti;$O~lJil!j-cliiHili01t.i%~gli~Ik$H.tm.!l.@-/'&~Of",i"');;~',cd "~"",t",-"",, ""'_'~,"~_~j)"'J;;1.F;I""'$h;Il~"'~ '- , '",.,~, -, ~'U' '"'"i:otO,~~_~~~" - ...< O~ Z III 0 III Q "'> ... r-- <...l ::t: .... - I"l>< ~ ;;:J ... < U Q -d ...l", ... ...~~ ~Z Q ~'E' I)) Zz !Xl ... =>6 i:: ...l = I"l = ~~~ I)) ci Ol"l < ~ '" '" ~~ ... 0 I)) < ;;:J 0;: u~~ .r> ~ . ... o~ I)) ~ 0 ;;:J u .... .. :;;jl"l~ 0 .; ;l~ S 0 uz ~ :;;j N ...;;:J .. ~~ zQZ '" EJ 00 Z Z ><Q< Ii) ....u 0 >< ClI:~ ...l~= ~ I)) ~ 0.... I"l",~ "'" .... ClI:Q ...l ... 8 I)) ;;:JZ Z I"l ;;:JQ~ .... ;;:J 1"l6 ...IN I)) 0< ... ..d u~ = ...l ~ t i$: ... '" u '" I"ll"l < '" = !Xl ~ I"l -i:J ~ ....~ ~ I)) <. "0 - z;;:J ~ "r.i; '" < "'u .- ." ....- < , "'.~~ ."",- ,~ ~~ - . ~~ " -"' , ~ fTl "'-I . Ii :1 I 11 I, 1 I I .1 :1 il I I , . { i , . ., ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Widders Drive, a fifty (50) foot wide street; thence along lands now or formerly of Lloyd B. Widders, North sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds East, one hundred nineteen and fifty-two hundredths (119.52) feet to a point at Lot No. 24; thence along Lot No. 24, South eighteen (18) degrees two (2) minutes twenty- six (26) seconds East, one hundred eleven and sixty-six hundredths (111.66) feet to a point at Lot No. 23; thence along Lot No. 23, South thirty (30) degrees fifty-one (51) minutes forty-eight (48) seconds East, twenty nine and twenty-two hundredths (29.22) feet to a point at Lot No. 30; thence . along Lot No. 30, South sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds West,..:. one hundred founeen and sixty-three hundredths (114.63) feet to a point on the eastern side of Widders Drive; thence along the eastern side of Widders Drive, Nom twenty-two (22) degrees, forry one (41) minutes forry-four (44) seconds West, one hundred forry (140) feet to a point on the eastern side of Widders Drive, and the place of BEGINNING. BEING Lot No. 29 of Monroe Acres, 'as shown on Section B, in accordance with a survey of Larsen and BriIhart, Inc., registered Surveyors, dated June 18, 1970, and recorded in Plan Book 22, at page 1. HAVING THEREON ERECTED a modified split-level brick and aluminum siding dwelling numbered 203 Widders Dtive. TAX PARCEL #22-29-2463-081 " TITLE TO SAID PREMISES IS VESTED IN Luelyn M. Carchidi, widow by Deed from Luelyn M. Carchidi, widow dated 8/24/00 and recorded 8/31/00 in Record Book 228 Page 387. ~ \, ( \ ,- ~', ~ilWt~ij;jI~B,*-......ilit,ilMiialltiBi!!l1~%d;ifN@~i~""_"."" il!1~ ,. "' .. () 1(~ "- "- )J \"' ~ "\J --- (]v ~ ~ - "",,,,,;,". ~ll-- ~- r_,C;H_'_j,)",/\'_~ "~ -~~ ~~ '""," '-..", ~<'l - "_._. M ~~ ~ g I , ~{iJ ,..... "'" () If? Jl.J ~ 2 o C $: ""Om mm -:;>'-n ~.~ zr;:.~ ~z r':c '< )>c Zo )>c z. =< '\ ~ (J.),,- fv!') i, \) \)0 ':tJ , .. ~ p:: : ~;~ ~~ 8 8 I , , ,,",_..,.., ~-" .-- ~-=.,-,,-<< "-,p,"'-,",..,,,~.~, ,~ ,.". ~~.. . o C) '"-;1 L.. c:: z ':::!] -1::; t::.~ -' "'i" ~.:_:~~ .1. -'f~ ~_~:;f:") ~.:rri '-...,.1 -, 5;; -.. I co ;p< =~r Ei <.,-., CJl , ;: i! :! 'i h r ii Ii :1 'I , AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 203 WIDDERS DRIVEMECHANICSBURG. P A 17055 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be i reasonably ascertained, please so indicate.) LUELYNM. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREENWOOD TRUST COMPANY C/O EDWARD STOCK 18TH FLR. 1608 WALNUT STREET PHILADELPHIA, PA 19103 . J 'i ",I -~"I~i!dJ- ~ ... 4. Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 25,2001 4-- - A j.tJ ~ DATE ~~~~,ESQUIRE Attorney for Plaintiff ~J::iIti!~.ffi~#.jj_ii'ill'f,"-"h~'lTh'ftIJ[,",;~~.':MJli~iIl&!1M;W,.j'''i' ,.y.'<o'U,,'d>Sih'!' ""P..G~~">liWr.r{k~~-' .n '.'VO''''''' .,.., ,.~,~ " ..~ ~~~_;!Oli~~.llItWI.'~ ~.',--. "".'> IilMJ ~ ~I ~ ... (") 0 C' c: ....1 -q .,.. ,- -oa' c:: 1 mr.\ z c. :-c! Z::c ----lr: :z:c , .~ ~~r CO j ~C) :;:.:... ~:J ~;!, ~O ::r;;: ~?i.~ )>0 '2 C::-n1 C j 2: :"''1 .::;::1 -I :Ii -<, U1 -< ,~ - t- - I l , . ~~ , L_",-=-,,~_,~< FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION LUELYN M. CARCHIDI NO. 01-1745 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~yvk ~&/./ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "', , Jffil~~~&lil~lf'l<.1.'I>0~"_";,,~;_-~-,.'i1i_i\oiJMlrWill<ll~~;<1~\~';-.l"'._lI'," """,~~~,_I;,-jo"-'l',~'_.i' -_",;;~"~i,,,;iIW.'ir1f'l< ,'1l1L-] - ~ ~~ .'1Ii 0 " - J_ 0 ,d"-J:I~_l>1"''''I~It:!....~~~HtdlOO!l\1\llB~_ -'1 \, (") 0 C " '-,~' "'"" -n "OQ] '- I11n' C z.::6 ~ .::D .~ Zj- , 38 en ., '=-< ~~~ co ~fj :E;; ; -;c.:) ):>0 ;~f~ ~o ..;<~ c S? 2: ~J -; -j :.n S':; -<. (Jj -:: " , " .IL .f' ,l:..."", 'I{, .. ( WASHINGTON MUTUAL BANK Plaintiff, CUMBERLAND COUNTY v. No. 01-1745 LUELYN M. CARCHlDI Defendant(s). May 25, 2001 TO: LUEL YN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, P A 17055 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at 203 WIDDERS DRIVEMECHANICSBURG, PA 17055is_. scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle; P A 17013, to enforce the court judgment obtained by WASHINGTON MUTUAL BANK (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~---~.~" ~_I.. .,. "-~ ' ',-"",;~k .. f You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAwYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , ~ 1,1-' ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Widders Drive, a frfty (50) foot wide street; thence along lands now or formerly of Lloyd B. Widders, North sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds East, one hundred nineteen and fifty-two hundredths (119.52) feet to a point at Lot No. 24; thence along Lot No. 24, South eighteen (18) degrees two (2) minutes twenty- six (26) seconds East, one hundred eleven and sixty-six hundredths (111.66) feet to a point at Lot No. 23; thence along Lor No. 23. South thirty (30) degrees fifty-one (51) minutes forry-eight (48) seconds East, twenry nine and twenry-two hundredths (29.22) feet to a point at Lot No. 30; thence. along Lot No. 30, South sixry-seven (67) degrees eighteen (18) minutes sixteen (16) seconds West,.,. one hundred founeen and sixry-three hundredths (114.63) feet to a point on the eastern side of Widders Drive: thence along the eastern side of Widders Drive, Nonh .twenry-two (22) degrees, fony one (41) minutes forry-four (44) seconds West, one hundred fony (140) feet to a point on the eastern side of Widders Drive, and the place of BEGINNING. BEING Lot No. 29 of Monroe Acres,.as shown on Section B, in accordance with a survey of Larsen and Brilhart, Inc., registered Surveyors, dated June 18, 1970, and recorded-in Plan Book 22, at page 1. HA VING THEREON ERECTED a modified split-level brick and aluminum siding dwelling numbered 203 Widders Drive. TAX PARCEL #22-29-2463-081 TITLE TO SAID PREWSES IS VESTED IN Luelyn M. Carchidi, widow by Deed from Luelyn M. Carchidi, widow dated 8/24/00 and recorded 8/31100 in Record Book 228 Page 387. ,I ., \. ( ! ,_,~,4;";"c'~'_"W''''M~IIfi.<,~~a-Ml/jJdilir[ r"'~~.=' ~'n.i\tiili~~:tlro.'@iii!l"~_"_~!"I'"~' ~ .. , 0 0 () c: -n ~:: <- --OCt:! c: :,}] rrlrn Z z::C' ~ I ~t--" r, ~~t; ,. r") OJ .:~l~ =<., !;2G :Po ~O ::!< ;~~~ -0 9 Pc: =::\ .~ :.n :s; (;1"1 -< cC-..'t\ (,,"Y . 'L _J. I -~, ,..0j;,'tt . . ~ Law Offites - f "" , FEDERMAN AND PHELAN One Penn Center at Suburban Station 1617 JohnF. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-5534 .." .. . Leo Magee Foreclosure Department Representing Lenders in Pennsylvania and New Jersey July 9,2001 Office ofthe Prothonotary Cumberland County Courthouse South Hanover Street Carlisle, P A 17013 Re: WASHINGTON MUTUAL BANK v. LUELYNM. CARCHIDI Nd.01-1745 Premises: 203 WIDDERS DRNE, MECHANICSBURG, P A 17055 Dear Sir/Madam: Enclo~e.p for filing and transmittal to the assigned Civil Si<ming Judge for execution. please find Plain~trsPetition for Service of the Notice of sale Pursuant to Special Order of Court and propo$ed Order. Kindly return a time-stamped copy in the enclosed self-addressed stamped envelope. Also, find attached a copy of the Order granting alternative service which should be signed by the Judge. Please return this signed Order in the attached stamped self-addressed envelope. Very trul:/rurs, t~/., ~7J' -----'-,..,.~/""'., .//. -- Leo Magee for Federman and Phelan /leo enclosures cc: AMERIQUEST MORTGAGE COMPANY Attention: Foreclosure Department File #0017917436 .'b'".~" _. , , I, . , ~ 'I' ~ I ~ I ..~, r- , FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. No.: 01-1745 LUEL YN M. CARCHIDI AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to LUEL YN M. CARCHIDI on 07/24/01 at 203 WIDDERS DRIVE, MECHANICSBURG, P A 17055, in accordance with the Order of Court dated 07/16/01. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. 1-/lAMk 9-~ FRANK FEDERMAN, ESQUIRE Date: Ju1v 25. 2001 _J . ..,.~"": . - :.,-. '" .', . _r.,...- ,,,.~, .,,',. - "d. ..."1. . - J , '_ ".~ --,I.. ___ :.', 1l!!.t>M! 'n1.1 ~ '-~' ~,l:Y-",-':'~;~!;.::- - -----,---~-- ._'=~~~~$ ., ,'<-"0 -,. - e-_==';~::~~~--~~f:~~~~;~~;~li 7106 QS7S 129Q Q7b9 9901 . TO: LUELY N M. CAltCHlJJl 203 wrnDERS DRIVE MECHANICSBURG, P A 17055 SENDER: LEO REFERENCE: .... SALES .,'. PS FQmf3eoO- jUne-2000- -=~ - ---- RETURN Postage RECEIPT. Certifle,fFee SERVICE - RebJrn Receipt Fee --- Re8tiiCtec{DeiiW~-o- i..... Total Postage & Fees .:,:..c'CI,J!!~s';!L~I'!I<1!!.c___ Receipffor .. Certified. Mail i -.! No Insurance Coverage Provided ) 00 Not Use for International Mail u t:.::_-=:::.=:==:'::::.:~...:=-=~ '.;, t ., -,.... . .,,,.', '..,-'-.---, ~l , j ., ,'f ,;'t':"+ --..... , " ::';..~ ~;., ",: ,.. :._';:~:,. ,.---..--.----.---- -- ----~----------- f I --I r 1.- I ! -.",..- " .....,_ . .. .. .," . ,~ '.'. -0.-'''''. , ,-- .~ .,~ -_.'~ ~ , I '~'-~ . :P.c;3 " -., g .. " - ;:..z .... .... .... v. ... VJ N .... .... ;'3 - .... 0 \0 00 " 0- ..., """ ".~ '< 0 "'~ g Q. ~ - ... VJ v. N '" "'..., ~ ~ ~. z Q.C . 3 -". "," o ~ ~ 0 - ~ 0'" ''''!In;' "'0 Ii Vl ;- z C ~ m ;- 0 -< ~ z ~ s: Q. ~ () ~ )> ." '" ::tl Ii () I .~ Ci ~ Q. '" g 0 '" 0 ~ 21 0 Ci " > 0 Q. Q. m ~ ::tl ~ 0 ::tl <: om s: m () I )> Z () rn to c ::tl oGl '1l )> ~ ~ 01 01 . - ~~ '0'" ~i " ~ ~~& '" ~ z . ~ o ~ 6' o " '" 3' '" - . . _.-i- = . \~= ' ,~\02 ?-- ~_~iC4:",~1!r .~/ ~~s~ :::I.... (~~::- j~'\ U.S.PG;;~ACDr'?; \ ;c JUt. ~4'Dl fl~-X .i" I i?i: ,.'. ".\ (l. .. 7~'fI)\ ~ 0 .7 5,::0.; . ;:> V ~~~~;~'o ~'J':- ,/-; V --__~ '2'-:/ I , I I I I I ~ ~ (") " = ~ S g. ... ~ ~ "","--,, l-.;.~I, 'Hl@."lliillla~t =>z ...=-,. [€'=-E! = ri ftl =-.,,. " ., = .., =- c: o " I "'O"'l e:=~ -"I:l ~~~ .a-Sl~ .,.=is: p.Q~ ...="" >- S" ~. ,... ~ ~ "'-= "'",I'l B=~ ~g> oo..,z ~g' = '" - ,. - o. I~J= i~ = [;;j ~ Ul '" o g " ir ...J ...} . .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK Plaintiff CIVIL DIVISION vs. No. 01-1745 LUEL YN M. CARCHIDI Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for WASHINGTON MUTUAL BANK, hereby verify that on JUNE 6. 2001, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on JUNE 6. 2001 and JULY 24,2001 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. Date: Auqust 10, 2001 ~~Mmtl<irJih&!l>ll:i,,'&W'Mi,n"'J);i'~1",,",~,'"'.'~" :,... 0\1 E '?; '" "" '""- ,-. ~ ~iJ ~;:! p~ '-...)... ,.; ~ u (.' 0;3"' " <li;-;t: ()~- C)::1 7' -', .. ~ l_,. .- ,~"Cf) J..:',i- ,J2: i-L. <-C fZ ,"-JlU ex :;go.. ..2: ~ C) 0 i~ liD ... ^~~ .1.. ~ '.""_",^. '"c..-"~ ~"cki:~". .,,'.' .'J_.'__"""'i',;f".,-",:,,'~,""""':4M~~I!iili,j;!!li'.iM,,~~~~;g-1;'!!l'cl!ie'l' .,~~_,,~.~ C~~.= ~"" -_< ,"~' , ,-- -''',''-<- , ^",~ ~,_"n 'II'" O~I . t.. "I , I I I I .. ~ " .~~-~""~-~".> ... f <"" o o. ~:; <I) 0 c~ G) o::l...J ~(/J to - (j)"E to c:>_ '" <I) ~ 5-e:;co ::lO~ .ca:!' UJ :] >. (") :CC/)al~ a..1Oc:~ O~c: z.s!<I)<( <(c::.::o. <I) . - ~()U..!l1 "" c: c: is. ..:;;cJ:.- n:<I)O<l) wo."">" O<l)....Jl1 UJc'l""'J:. u.O~o. -0 ~ ;UJ-c CD = c E ~ G> -oC/) ~~O ~'----liIIIIIIIIi1Ilil......1 " ,f " 0> .l!l ~ - '" '" ... - '" ... ~ '" '" .. = ... - ... '" Z .., .... m ~ ~ = ~ 6 l'l u !E -= o ; "8 "5 0.. .c "0 e <: '" .. u Gf ..... .!l '" '" ~ 4l~ .S " - lJl .. ~ ~ ~ .~ '0 1;; " ~ E '" ~ Q . ~ c !S X z () "* ~ 1: c:( <l: () " <: ::; .., .... je .... -< "- :i .~ ;: .. u ....i ~ on '" .... ..... .... ~ .. ... '" .c ~ ..: ... .. = on ..... ~ ... .. '" ~ o "- " ... .a ;; ~ ... '" - '" ~ - ... .. co. '" Q .. .s .. > "& '" '" ~ ... '" ... - 'i '" == '" '" e ~ u. N In In o .... ~ <( 0. o n: :::I a:! 1Il !:! <( :E: o W :; W > ii: Q C/) n: w Q Q ~ .., o N ;$ '" .. co. '" " " g '" .. '" ~ .: ~ ~ ... '" ... ;;;> z ~ "" '" ~ .... i:ll ... r;.. "" .... ::;: u o ... '" ~ Q ~ Q u ;.; ~ "- :;;!.., 0", u- ...~ "'< ~~ ...< Q= 0,,- 0... ~~ ~~ ~~ C'"J "<t Lt) " ~"","""-'",,",,,,"' ~ ~, ~ I......-~~ ~ L ~illtdL;,j~""~J, - - -', . . "-"'~"""',,- .., - ~",,,~. , .~\ -n ..' ," 8 :i.7? - 't , >> '0 " E_ "" E.~ ~ 0 ,,- o..~ .:W 20> "<: ".- S .~ ,,8 d:~ " " 8<li ,9.!0 0.._ '08 ~o.. Jl- E'" ="0 z~ -'ii ~~ " A. ~ " "0 <: " '" o~ lfiaJ .0_ E.!!l =--' ~il -5,Q! t--o.. <J:) .... co '" o ~ N ~ C'"J ...... "<t ~ Lt) ...... ...... ...... .1l ~ ~I " ... .. .!l:a os e fLl",~ " .. :; ~ '" " ...... ...... ~j~ o-lea rs~~ ~..'" ~i~ ~ U.s! i5i f;oi1~'i ~,,= t:~f t -g w t "~1l ".. ., e...as .....<... :z: .. ,~ , i~"~,1 .... I I I I I I '.. I 4~\ ER,o;;' , . I09t9909C~c:l "., "~,~ v,. ~- '-''' '.,,'Wad " 1$:\: p~ _:t?,r<.,. .~.'f. 0., ...~...J'..i'l.,~!,:.',.;A..:I~tlr'H:,iE".~....".....,.. .~ ,:;'.~..tb tlSOd~~;~3:0~:i;:,; I~ I~\,,\ . -~ .i'r:f -- ...-,_. ~ .l: !l, s ~ l(l ~ ~ LO LO 0 .... ~ ~ Cl 0:: :J III (/) r--- S2 z on <l: " J: .> (,) .~ 0 w ,l! ~ ~ u.i 0 > , ~ 1i: . ~ Cl . 0:: '" m ~l m w ~ " Cl ~ Cl ~S ~ ~ "e- O .l:", a '" r- ~ 0 C\I '" ] Cl J J: ~ 8 ! (,) ~lE 0:: ii:o '" <l: ~ - oS o ~ ~ (,) .'" ~ ~ -E~ ~ z zl ~ '3 'ij ~ ~~ 0 I w :J ....I i ~ z u i ~ E~HI~IT A - N .... co 0< o - N - '" - "'. - .... - - - <0 r-- '" '" ~ " ;:J I..<:L , 'w 'l>d'~' -ll 5 '" ~~ ~" H =..., Z m - ~ S II 0._ ...'" -;; ,., - . ....." ..1 ., 51~ (") 2- S~ CD :u c !i'~ :::. CD rn '11 -. S ]I cr .... ,~ ~f:I -. ~ a ~ CD _..!!. ~,g Co 'S g> ~~ == 0' ~ .. ~ III .. CD 3:6: _ &! - ~~~ (g ~fri2 II . i:iU 3 o':D:DfJl~ g~L'if5 ~ ::L ~ ~ 'IS ",' !IJ. It :D lD Q. fl" 0 'i i _. $ 8 go ~ ~ i!' ~ i!' . :XI m ill :XI m z (') f!I UI m z c m ?i' ~~t"" ~~~ ~oz ()ttl~ [fl1;;~ lilO~ ~.~~ ;.. - ~ ~ ~ '" - .... o '" '" \.\ .J "'-tv NUt:"" ~ooo -----.---.---- f~(") ... (J):D:D " :XI t/l mmm cnr-"'....~~.m m 2- :u ~fri a ~ .CD"" ~.C: .. (l'.... z c ~ . :::. 'CD ern #;" i:iU 3. m c 11). ... '" :XI m . g -. ..(')'~ is' ....., .:-. > 8 m ?i' ::'f -. !. or 0' l ill fJ -a z i8,"O- .. (') g " a R c f!I 308 . -&' l "- 3 = i a . !l.. s: - '< l!. :D .. . 18 ~"lJ 0 ,~r.-<' &r a ;!' 8 '" t"" - ~ D) ... :'."',\ ~ 0 . ~ tI1 3:5: _. "_ !!. '!! 0 @CD _ go ~ "':Q. 'JI ;!' ttl ! -< . '" ~ ~~8 fia fij"'ttl 2~s; ~ ~O~1n () ~. . [floo() lilO~ ~~@ ;.. - - .... o '" v. EXHIBIT "17 . , _,J . ; ,~~"l;,._'r" "";~j; 9 ~ fia .&: 51 I\j :e .&: "" II'" ..II :ll CI .... i " 9 I\j. ..II' .&: ~ :I i. "", .. N "~ 1J!1 , , ! 1 ! , 1.1,[ I. ~,i..,_",~j / . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK Plaintiff CIVIL DIVISION vs. FILE Copy No. 01-1745 LUEL YN M. CARCHIDI Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA . SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for WASHINGTON MUTUAL BANK, hereby verify that on JUNE 6. 2001, true and correct copies of the Notice of Sheriff's Sale were selVed ~y certificate of mailing to the recorded Iienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on JUNE 6. 2001 and JULY 24. 2001 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. Date: Auoust 10. 2001 ~tt."'PflIILI . ~f'r:J:'t'6~ Ptlt'l'4'r r . . . - STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ---_________________________________________________~________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in wbich ________________ Wahsington Mutual Bank . -------~-------------------------------------------------___________________________ 6 thegr.onWe 5th the same having been sold to said gr.ontee on the ------________u_____uu__u__________________ day of u____~:R.J:.~~.?_':.'::_u_u_u_________u___ A. D.,; 01 n___' under and by virtue of a wriL_____________ Execution . 8th _______________________________u__________u___lSSued on the __________________u__u____u_______ June clay of __________________________ A. D., Civil __________________________u__... __ ___ u_____ u_ __ __ _______ u_ _______h_____ _______ Term, : 01 . __u_> out of the Court of Cornman Pleas of said County as of 01 . 1745 . Washington Mutual Bank Number --------------, at the su.t of -~----------_____u__________________u_u____u________u_____ Lue1yn M Carchidi -------------------------______ -_ __ against_ ___ ___________ ________ ____________ __ ____ ___________ is 248 3926 duly recorded in Sheriffs Deed Book No. ____________, Page _____________ IN TESTIMONY WHEIlEOF, I have hereunto -;7f; set my hand and seal of said office this J'-__h___ day ......,ellleedt. ~Co\III\J.CaI\iSIe.1'A .., Q,mllliltlll"EIIlli* IIIe rlllllllllldl1 aI aa.- Washington Mutual Bank VS Luelyn M. Carchidi " ~ wI ,_;.,d _ -<.< I J __');! In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1745 Civil Term Bryan Ward, Deputy Sheriff, who being du1y sworn according to law, says on Ju1y 25, 2001 at 8:33 o'clock PM EDST, he served a true copy of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants to wit: Luelyn M. Carchidi, by making known unto Luelyn Carchidi, at 419 Fairview Ave., Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Dawn Kell, Deputy Sheriff, who being du1y sworn according to law, states on Ju1y 2, 2001 at 10:00 0' clock A.M., EDST, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description upon the property of Luelyn M. Carchidi located at 203 Widders Drive, Mechanicsburg, P A 17055, according to law. R. Thomas Kline, Sheriff, who being du1y sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency ofthe action to one of the within named defendants, to wit: Luelyn M. Carchidi, by regular mail to her last known address of203 Widders Drive, Mechanicsburg, P A 17055. This letter was mailed under the date of Ju1y 26,2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being du1y sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $1.00 to Attorney Dale Shughart (for Attorney Frank Federman) for Washington Mutual Bank. It being the highest bid and best price received for the same, Washington Mutual Bank of 505 South Main Street, Suite 6000, Orange, CA 92868- 4509, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $812.39, it being costs. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal $30.00 15.93 15.00 15.00 30.00 10.00 .50 1.00 15.60 1.71 15.00 20.00 321.20 Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 244.29 25.66 25.00 2Q..iQ $812.39 paid by attorney 10-03-01 Sworn and subscribed to before me " , so~ n ~.,,- -,.....<'~-<'" R. Thomas Kline, Sheriff This ~ day of rJ~ . 2001, A.D. t}p(,-, 0 Ih,/Ih 1~' rothonotary By q()~ SM-L~ Real Estate Deputy ~ ]otlft QJv t. ~1J c.k... 3 'fl!6 f2u-" )1f1J 't ')..- " , "., l""'t"d ,~ ",;, .I J.,. ." "f1~' " WASHINGTON MUTUAL BANK . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS LUEL YN M. CARCHIDI CIVIL DIVISION Defendant(s). NO. 01-1745 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 203 WIDDERS DRIVEMECHANICSBURG, PA 17055 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) LUELYNM. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREENWOOD TRUST COMPANY C/O EDWARD STOCK 18TH FLR. 1608 WALNUT STREET PHILADELPHIA, PA 19103 . , L.~ ~~~j~ 4., Name and address of the last recorded holder of every mortgage of record: .. NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 203 WIDDERS DRIVE MECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealtll1 of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 25. 2001 4- - A j,tJ ~ DATE ~~M:: Attorney for Plaintiff Ir ... -J ":'i WASffiNGTON MUTUAL BANK Plaintiff, CUMBERLAND COUNTY v. No. 01-1745 LUELYN M. CARCffim Defendant(s). May 25,2001 TO: LUEL YN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, P A 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 203 WIDDERS DRIVEMECHANICSBURG, P A 17055is_ scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Curnberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by WASHINGTON MUTUAL BANK (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~ i' . . , i " ' """"",,~.' ~~I~, 6,. .'~I;~ ~,~ , . r You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) yOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale neverhappened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ( ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Widders Drive, a fifty (50) foot wide street; thence along lands now or formerly of Lloyd B. Widders, North sUlly-seven (67) degrees eighteen (18) minutes sixteen (16) seconds East, one hundred nineteen and fifty-two hundredths (119.52) feet to a point at Lot No. 24; thence along Lot No. 24, South eighteen (18) degrees two (2) minutes twenty- six (26) seconds East, one hundred eleven and sixty-six hundredths (111.66) feet to a point at Lot No. 23; thence along Lot No. 23, South thirty (30) degrees fifty-one (51) minutes forty-eight (48) seconds East, twenty nine and twenty-two hundredths (29.22) feet to a point at Lot No. 30; thence along Lot No. 30, South sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds West, _.. one hundred fourteen and sixty-three hundredths (114.63) feet to a point on the eastern side of Widders Drive; thence along the eastern side of Widders Drive, North twenty-two (22) degrees, forty one (41) minutes forty-four (44) seconds West, one hundred forty (140) feet to a point on the eastern side of Widders Drive, and the place of BEGINNING. BEING Lot No. 29 of Monroe Acres, as shown on Section B, in accordance with a survey of Larsen and Brilhart, Inc., registered Surveyors, dated June 18, 1970, and recorded in Plan Book 22, at page 1. HAVING THEREON ERECTED a modified split-level brick and aluminum siding dwelling numbered 203 Widders Drive. TAX PARCEL #22-29-2463-081 TITLE TO SAID PREMISES IS VESTED IN Luelyn M. Carchidi, widow by Deed from Luelyn M. Carchidi, widow dated 8/24/00 and recorded 8/31/00 in Record Book 228 Page 387. ;' ~ .'\ \. ( , ~ ".. ~ ,-" ~ ~ ~.~ oi- ~ "'''''''*-'i'I_ . ~WRf'T'GF(EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-1745 CIVIL 19X TERM CIVIL ACTION - LAW TO THE SHERJFF OF Cumberland COUNTY: To satis.fy the debt, interest and costs due Washnigton Mutual Bank PLAINTIFF(S) trom Luelyn M. Carchidi, 203 Widders Drive, MeChanicsburg. PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the detendanl(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the detendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,530.76 L.L. from 5/21/01 to 9/5/01 Interest (per diwl $1 q 1 h 1 $?n4CJ "" "nn Costs Due Prothy Atty's Comm % Other Costs $.50 $1.00 Atty Paid Plainfiff Paid S105.58 Date: June 8, 2001 Curtis R. Long Prothonotary, Civil Division bye 4-0-""1' [) 71fJ7/lAY') Deputy REQUESTING PARTY: Address: Frank Fedennan, Esq. One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 Name ;t~d6\!~~mil~~~"'{"~I~,"i~"".;I,"'l1.;s...~illi;;;;",,'_,f!.,_~,~!.C-"'L,Q,. "_".,,<i-::.,__'-_,;';,,', ,~>_~."""J""',t,ii.,:~_"",,,""''''~Hlilil~~iJ~ ~-, -t'Slt ~~ ,~ ~l.,:,_j;&rni~lilln_>lci"-",,",,,!:!li;llil&'%'i~\C~J~"" U~llillili!ll!.~ REAL ESTATE SALE No.13 ~ 5;) ~ Gi) lnii1 on J ~ J L/ I 2..00 f the sheriff levied upon the lleteoolam; Interest In the real property situated in -r1 (ll/l.,Irf. I ~~ ..... Oumberland County, Pa., known and numbered as: JI) 3 ~lddoAA)[)/i(1/e 171'ci.Iu1'i:-b1xvr.j and more fully described on Exhibit "A" filed wlU,! this writ and by this reference incorporated herein. 1Jate:-J"~ 1<1, ODD! By: (~C/..A.. [)-e~k ~~ Y\""'I'l<CI.1h!3d l'i~._'j'~ ,_l/_'~~:\ ',,, 'c: 10\ tlJ 6~ E E\ llR[ u\\n\;: \ ,\.' , .; ",,(\0 1I11'\fH\~ ~\11 N ::l~l~AO ,~. ,.,.~" - ~~"..", < , " ~"~'.'=" ."~,,,~~.,." _.'~.'~.~' '-'-~-'-' .. - ~ 1- i....L~J.lIJ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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, V1Z: JULY 20, 27, AUGUST 3, 2001 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. j Roger M. Morgenthal, Editor --.. SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ~~~A. ~nv nt::1nr , N01ARrAUEAL LOIS E. SNYDER, Nol8ryPubllc CarlisIeBoro, CUmberland County My CoIRlIileaIon Expires MaR:h 5. 2005 :REAL ESTA.TE SAm NO. 33 - Writ No. 2001-1745 CMl Washington Mutual Bank Vs. Luelyn 111. Carch.idi Ajjy.: Frank Fedennan ALL THAT CERTAIN tract of land situate in Monroe TO'WD.ship. Cum- berland County. PennsylvanJa. being more Particularly bOunded and de- scribed as fellows. to Wit: BEGINNlNG at a point on the eas~ side ofWidders Drive. a fifty (50) foot \Vide street; thence along lands now or formerly of Lloyd B. Widders. North sixty-seven (67) de- grees eighteen (18) minutes sixteen (16) seconds East, one hundred nine- teen and :fifty-two hundredths (119- .52) feet to a pomt at Lot No. 24: thence along Lot No. 24. South 18 (18) degrees two (2) minutes twenty- sIx (26) seconds East one hundred eleven and six'ty-six one hundredths (11 1.66) feet to a point at Lot. No. 23; thence along Lot No. 23. South tb1rty (30) degrees :fifty-one (51) min- utes forty-eight (48) seconds East, twenj:y-nine and twen",-two hun- dredths (29.22) feet to a point at Lot No. 30; thence along Lot No. 30. South sixty-seven (67) degrees eight- een (18) minutes sixteen (l6) seconds West. one hundred fourteen and sixty-three hundredths (114.63) feet to a point on the eastern. side of \Vidders Drive: thence along the eastern Side of 'W1dders Dtive. North 'ttven:ty-two (22) degrees. forty one i41} minutes forty-four (44) seconds West. one hundred forty (140) feet to a point on the eastern side of '\iVidde:rs Drive. and the Place of BE- GINNING. - BEING Lot No. 29 of Monroe Acres. as shown on Section B. in ac- COrdance With a sUIV'ey of Larsen .and B:dlhart. me.. registered Sl.UVeyors. dated June 18. 1970. and recorded m Plan &ok 22. at page 1. HAVING THEREON ERECTED a modified split-leVel blick and alu- minum siding dwelling numbered 203 Widders Drive. TAX PARCEL #22.29-2463-081. TInE TO SAID PREMISES IS VESTED IN Luelyn M. Carchidi. Widow by Deed from Luelyn M. Carchid.i, "Widow dated 8/24/00 and recorded 8/31/00 in Record Book 228 Page 387. ~'i"="-~ "N <, ". . , L"""""",",;._"~ ., . , ~, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonw@alth 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 IJ1g Patriot-News and The Sundav 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 dally and/or Sunday/ Metro editions which appeared on the 24th and 31 st day(s} of July and the 7th day(s) of August 2001. 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 filCts 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 Misrneous Book "M", V;I~:Lll~:~~~:' ......................................fi................... ............................... COpy . me is 21s day ugust 2001 A.D. _Seal S ALE #33 rerry L RUSS8II, NoIary P Harrisburg, Dauphin My Co\lIfnI..1on expires June Member, Pennsylvania Assoelatlon 01 NolanD My commission expires June. 6, 2002 \ 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 herelo on the above stated dates $ Probating same Notary Fee(s) $ Total $ 242.79 1.50 244.29 Publisher's Receipt for Advertising Cost The Patriot News Co., poblisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ilEAl. eSTAlE SAtEN~-:a~ il'rl!NO: 2001-1745 .. '''"::''''':ct!WJTernf' -, WashiNStoo Mutual BanI( .. ."" ~'"'l\in M.Cai6/iidi Aity: Prankfcilermiln . DESCRIPTION .. AlL TRAi",CER'rAL.'1 troc! or J:lnd, Silll<lle lIJ MUnrO!: .. Tw.~Jl,~.l:iip., .. ~m~rl~tl({ ('GUM). p{'1JJl.~)!fvaQi;I,... P<'lllg" .!i!9f9 P<m/cularl): h?ul1dt.'(j :a'ndi:kii'Crfflc~;ra~'lhJ,~~~\IOWlt '," .. .. 13f.01NNJNG~':;~ ~c,fki!r1i .em lht'"J:.JsrCffi Md<: llt Wldd!:n Dri\e; .a,.Wly (SQ}.P'JOt \\.')Jq SlItt'l, then(\> <1long /,'lnds' now ',{I( formerly of Ulya B. \Vi?uen:, NOi"'l1i'~IXIY:~i!?~'l'! (61j<4'gr~'i;'f€hlC$.1l ""(!8j-nJhl'li[L'S"':Si;liJCc':n.. (J6} ,~~s' .Ea'ii; <me ..hlln<:/red 1lJI1IOtcen.', am1:, Ii{i}'~i;\'t) fllmdr<.'rirn\ O!9.52J fecI !o,';r,POin(af +.{r!-..k~\ 3Ji {iJrrJi:t' .,a/PIII; Lvt No. 24, Squ& l."lj!h(ec!:I W'O dc~n::~\< !WQ m miiusn:s f\l,em~:..'i'iX'(?f:>),\~.lltid.\ l-::N, {)he",hl)lidrcd ckl-eil miJ ;1~1\~~1:\,..1Jlll1&cdl~'.) {JJ U,6j' f\.'~(. to,11 poinf .at Lci Nit '2J; li'lI;q.:c: wt)np Lol No, ~J, lXIU(O (nil1,Y 13m ~l::~J'ift5.- ",''m'';'',Sl) iliiflUli.:'S, ~l.litj.-t~t,gnt (,-i..~l :-i";<;ilJds r~,'>l:; " ,[\\>i:'l1lY'm'n~";fiJtf tWClltj,.tWl,) hUi1frl'dal.~ C!:rI,:2) i~r:t l!i ;i Po:i}n ~_l( {,pt Noc JO: ,thfric\:' :ll(\~g ,Lvi ~'i:-;, '31L,Soiuh,ShlY_~'~Vi;I? ,16:7tdeCr:ct"!i !:Whl~~ 'J8)' u,ii'Rltl.'i; ',iJ\teen /161 Sccnl1d~ l,i.b,l> 'alii: hundred fOllrkt'1l and, \i,;;rY:ihl\:e,'" il.4l1!JfcJilh n J-l.bJ) fl.'-i,.t'to a point on (he 'casteni -'>1de, of Wid4cr.(Dri~e; J!1cilce aloile,-'lht' ~~'tern M<k of Widib"; fin\e; .N(~ ,1w..'1ItY;I,W<l (lZi &.'tn-'C1;., " fqtty 1101:,/-l,1) mmqli:s'foriifour (.:i.n SCcol:l.ds Wl;.\f. tine handfed fon}' f H(,!'. fci.:t iq ,(pollJ( Ofl ,t1k:J;'a.'4l% ~fli'- 91' Wlddt,rs Dnv\.'; 'and the- pl~ce <1fHEV/NN1NG. .. ... . . R!:L\iti p,i Nit :itl, bi' Mon(fA~:At~, a~ ,snO\\ n 'Qi;"'5.C(<[jOJi'f:1; In :l{.cprcmnce ~l':ilh'iUl!n'~)' of ' IArscn 'ilnd 13rilha'r4 IiIe:, n:W~lered SlJr~}Of'i.- ([~((,.'il.Jtin{ 18. /970, ,mu n..'CO~d 1Il Pf;m Book ..:p;j( PJj;i;). , , , ." _" ,~, 'HAVTNa THEREON ERECTED a /7l<li:Jified ~Plh'.It::\dlj'ri~k;lnd 31umiimm ,,j,ll.1illg,dwdlillg IlJliJ10ClVd 1tJ3 'Wii1i)<.:f"; Drh",: ',' <:,,: i.4XPARCEL,!J::1'J9':,~'-!f>3.:,IJ.8I' "" "!iTI.t,,'TO,,$/~l{) .Pf.i;m,\: r;; ,'V~,~ m: l.Od$'h Rr.: Caii;n-iJi, t>!~i1dW" oJ;: Pi:i!q (rQflY ifkl,l-h ,M. -Cnrchitlf, "tiif&xy. .d41t,<J. 8/24/1)1), '~~"t1l"('9.)n:k'd (il j 1/0(fii1"Retoro .&Xil,2,..itpij~j87" " , c____.___ "_,,' _'__","_~,_", __'_, ;'" .~~,-~ ~.~ I L_"_ ~ , , ,.L. 1__ ~;_; , , , , . . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION WASHINGTON MUTUAL BANK CUMBERLAND COUNTY vs. No.: 01-1745 LUEL YN M. CARCHIDI ORDER AND NOW, this /~ ~y Of~, 2001, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), LUELYN M. CARCHIDI, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. JY ~f\$ 1,0\ '1'\ ...._:i>~iIlIlW@rd1lr,~~"!iK''i\~~f:lli;,;i~'''i,.k4.i:,,,;-qi<MI&M;~'''-o#:.;i~~I!>tAt':i1j~Ijj;i.k':>itl~m-~-r"~;"'~~-' ,,~,-"' ~1i , r.t :> ~.~ ~ . "\:I'\:J Ii" I) ,," .", ~ ,< "'~~ ~''''''I!irlilIi~iOOR~~I~''-~"-'' ,.-,~,......~ '~J, , . I ,I 'I 'I I. :1 'I Ii II " 1i 'I ,I' I, ~: --~"~~~ ~ ~ . I ,~ I. -"'--.,-, f . . . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CNIL DNISION WASHINGTON MUTUAL BANK CUMBERLAND COUNTY vs. No.: 01-1745 LUELYNM. CARCHIDI MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service ofthe Notice of Sale by certified mail and regular mail to Defendant's last known address. ~r(/Uff -:;(ujJ'.A~ FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF m~ . '~ ~ "' .c., L._.~....i. , . AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY No.01-1745 DEFENDANT(S) LUEL YN M. CARCHIDI SERVE LUEL YN M. CARCHIDI AT 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock_.m, at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height _ Weight _ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: A 11ft -:JVN ~ On the -4- day of i Moved Unknown NOT SERVED ,200-1, at ~ o'clock ~.m., Defendant NOT FOUND because: No Answer Vacant Other: ~Ov(.~ *,0 E~oli3-, fA 0l<'Z~p... "'f(!<PC ~~~~~:~:~b~~y ~ N~'h\o~O(\S.' 1~9 of '",llilli , 200 1~ Notary: By: / Attorn f r lint Frank Fe erman, Esquire - l.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA19103 (215) 563-7000 1. We~J<- "')o} :;?CCO"'~"N:J Notanal Sea' Stacy L Heefner, Notary Public Chambersburg Bora. Franklin County My Commission Expires Aug. 5. 2002 Member, ,..ennsylvanla ASSOCiation ot Notaries EXHIBIT A c. ~ " ~ ,I, ~!, , . :rAM PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 01-1745 Attorney Firm: TRACK STARS Case Number: Subject: LUEL YN M CARCHIDI AKA.: None Last Known Address: 203 WIDDERS DRIVE MECHANICS BURG, PA 17055 Last Known Number: ( ) - Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 07/05/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER:208-42-7165 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Luelyn. C. INQUIRY OF CREDITORS: The creditors indicated that Luelyn is living at 203 Widders Drive, Mechanicsburg, Pa. 17055 with no valid home phone number. Luelyn filed chapter 7 bankruptcy in April 1998 with attorney Keith Dearmond. Case # 98-01674 with a release date of July 1998. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Luelyn Carchidi. INQUIRY OF NEIGHBORS - Contacted 717-790-9103 registered at 205 Widders Drive and spoke with a neighbor who stated Luelyn Carchidi is living at the last known address. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of June 27, 2001 the National Change of Address (NCOA) has no change for Luelyn from last known address. MOTOR VEHICLE REGISTRATION- A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Luelyn listed at last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of June 27, 2001 the Social Security Administration has no death record on file for Luelyn M Carchidi under her social security number. EXHiBiT "B" _.~~~ I" ~ _, l~j: '. B. PUBLIC LICENSES (PilOT, REAL ESTATE,'ETC. ):' 'None Found, . C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Luelyn listed at the last known address. ADDITIONAL INFORMATION ON SUBJECT- A. DATE OF BIRTH: 08/51 AFFIANT "NOTARY SEAL". Kristine M. Scott, Nolary Public . 51. louis countY'ESlate OI9M/~lsig8~1 My Commission xpnes ""'~ Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 E){\1\B\1' "6il ~, .~." . I. 'I , " ._~ I I l-", +;: , FEDERMAN AND PHELAN By: BRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY WASHINGTON MUTUAL BANK No.: 01-1745 vs. LUEL YN M. CARCHIDI MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavitstating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the ~_.~~ ~~~ ~ Ii l--1jj1;,i whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: ~lAM~LA~ FRANK FEDE , ESQUIRE - ATTORNEY FOR PLAINTIFF ~~ ~ ~ II J , , , ",1 'hi" VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ 4-~ FRAJiKFEDERMAN,ESQUlRE ATTORNEY FOR PLAINTIFF '';';-'';;'-~ ~- ., 1"-. ~ ~ l~... .L.'''''''''';i~"i~i . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA,PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION WASHINGTON MUTUAL BANK CUMBERLAND COUNTY vs. No.: 01-1745 LUEL YN M. CARCHIDI CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on July 9, 2001. LUELYNM. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, P A 17055 ~~k~ FRANK FEDERMAN, SQUIRE Attorney for Plaintiff Date: July 9,2001 eN ~~~~ ,__ .-..-..............~ ~.- ~.". ~r _'t ". ..1.-,,; Law Offices , FEDERMAN AND PHELAN One Penn Center at Suburban Station 1617 JohnF. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-5534 Leo Magee Foreclosure Department Representing Lenders in Pennsylvania and New Jersey July 9,2001 Office of the Prothonotary Cumberland County Courthouse South Hanover Street Carlisle, P A 17013 SHERIFF'S COpy Re: WASHINGTON MUTUAL BANK. v. LUELYNM. CARCHIDI No. 01-1745 Premises: 203 WIDDERS DRIVE, MECHANICSBURG, PA 17055 Dear Sir/Madam: Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiffs Petition for Service of the Notice of sale Pursuant to Special Order of Court and proposed Order. Kindly return a time-stamped copy in the enclosed self-addressed stamped envelope. Also, find attached a copy of the Order granting alternative service which should be signed by the Judge. Please return this signed Order in the attached stamped self-addressed envelope. Very truly~yours, ( /'. . .> .--7 ) C.............\./...z<. . ..C...-/ ) ,/ ~-"," , / ' .- -' '; t' ,;1 Leo Magee for Federman and Phelan /leo enclosures cc: AMERIQUEST MORTGAGE COMPANY Attention: Foreclosure Department File #0017917436 T"- . . ~- . . , " "~J,- FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT.OF COMMON PLEAS CIVIL DIVISION WASHINGTON MUTUAL BANK CUMBERLAND COUNTY vs. No.: 01-1745 LUELYNM. CARCHIDI ORDER AND NOW, this _ day of ,2001, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant( s), LUELYN M. CARCHIDI, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: .,j J. ."'~-~ --~~ ~w..~....J ~ < '_ .."_1 '~"': FEDERMAN AND PHELAN By: FRANKFEDERMAN,ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CNIL DNISION WASHINGTON MUTUAL BANK CUMBERLAND COUNTY vs. No.: 01-1745 LUELYNM. CARCHIDI MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffhas made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order , ,.," i pursuant to Pennsylvania Rule of Civil Procedure 430 directing service ofthe Notice of Sale by certified mail and regular mail to Defendant's last known address. ~F1M~/j/A~ FEDE , ESQUIRE ATTORNEY FOR PLAINTIFF ~~ . <-0 " - = ~l _ _ " a~ l ~'" ',J;,l AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK CUMBERLAND COUNTY No.01-1745 DEFENDANT(S) SERVE L UEL YN M. CARCHIDI AT 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 LUELYNM. CARCHIDI Type of Action - Notice of Sherifrs Sale Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock _.In., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height_ Weight_ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of .200_. Notary: By: NOT SERVED A 11ft ::JVN~ On the ~ day of -X- Moved _ Unknown~ Nb'Answer , 200J., at ~ o'clock 4.m., Defendant NOT FOUND because: Vacant Other: >>.0-1 ~ ~ ~o E )Uo!o- , FA OI~ ~ p.. '" f'f(E:p{, 1. \.>Jt"<..f ~:r~: :ea::~b~~y ~ N~ ~h 00 (\/;".' f! ~P- of IJltlli ,200 l~ /;) iJ , Notary: By ~ Attorn 'f r lint Frank Fe erman, Esquire - 1.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 "')0, d ceo r'\<:\'r N:> Notarial Seal Stacy L. Heefner, Notary Public Chambersburg Bora. Franklin County My Commission Expires Aug. 5, 2002 Member, Pennsylvania ASSOCisuon of Notaries EXHIBIT A 1 ~ . I I -~,~, :rAM- . PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 01-1745 Attorney Firm: TRACK STARS Case Number: Subject: LUEL YN M CARCHIDI AKA.: None Last Known Address: 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 Last Known Number: ( ) - Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 07/05/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION- A. SOCIAL SECURITY NUMBER:208-42-7165 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Luelyn. C. INQUIRY OF CREDITORS: The creditors indicated that Luelyn is living at 203 Widders Drive, Mechanicsburg, Pa. 17055 with no valid home phone number. Luelyn filed chapter 7 bankruptcy in April 1998 with attorney Keith Dearmond. Case # 98-01674 with a release date of July 1998. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Luelyn Carchidi. INQUIRY OF NEIGHBORS - . ,... Contacted 717-790-91'03 registered at 205 Widders Drive and spoke with a neighbor who stated Luelyn Carchidi is living at the last known address. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of June 27, 2001 the National Change of Address (NCOA) has no change for L.uelyn from last known address. MOTOR VEHICLE REGISTRATION- A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Luelyn listed at last known address. O-rHER INQUIRIES - A. DEATH RECORDS: As of June 27, 2001 the Social Security Administration has no death record on file for Luelyn M Carchidi under her social security number. XH\B\T "Sa E . ~ ~ I I 1- I l'l..loI:mrif"l , . B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None.Found . . . C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Ri!!iisWHion Offil:i! hllll LiJelyn listed at the last known address. ADDITIONAL INFORMATION ON SUBJECT- A. DATE OF BIRTH: 08/51 AFFIANT " NOTARY SEAL". Kristine M. Scott, NolalyPubUc . 51. Louis Gounty, Slate of MISSOUri My Commission txpll6S 91212002 ~~~ Players National Locator 113 Old State Road, Suite 104 Sf. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 .. . "~I ; E)(.t\\\3\111611 .. ~..... I" l_. -,L.~~.~~ ';""~..L..._"i.J..dt,;i. . . . > . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY WASHINGTON MUTUAL BANK. No.: 01-1745 vs. LUELYNM. CARCHIDI MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent ofthe investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362,357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom oflnformation Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories;~6ter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit" A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the - ~i i J,,_-u,:~ . . c . . . . whereabouts of the Defendant has been rnaqe as evidenced by the attached Affidavit of Good Faith Investigation, rnarked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: 1A~~lA~ FRANK FEDE , ESQUIRE - ATTORNEY FOR PLAINTIFF .,; . i ~ 'l I. ,l~"i . > . . . . . . . , . VERI.FIC A TION FRANK FEDERMAN, ESQillRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the , ' foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to nnsworn falsification to authorities. ~~-~~ FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF "-'-,- ,), "--"~ ~- II - I~ '. . .i-..-'d . .> . . . . . . I) . , . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CNILDNISlON WASHINGTON MUTUAL BANK CUMBERLAND COUNTY vs. No.: 01-1745 LUEL YN M. CARCHIDI CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certifY that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on July 9, 2001. LUELYNM. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, P A 17055 C;-~k ~ FRANK FEDERMAN, SQUIRE Attorney for Plaintiff Date: July 9,2001 .,j