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Home My WebLink About03-4214WASHINGTON MUTUAL BANK, FA SUCCESSOR TO NORTH AMERICAN MORTGAGE COMPANY Plaintiff VS. LESTER P. KELLER 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE D f ndant OS- e, ;I THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FOR]MA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUEKIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER D1NERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA SUCCESSOR TO NORTH AMERICAN MORTGAGE COMPANY, Plaimiff VS. LESTER P. KELLER, Defendant : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BE1NG PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaim. Plaimiffis the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaimiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North From Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaimiff WASHINGTON MUTUAL BANK, FA SUCCESSOR TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff VS. LESTER P. KELLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : ACTION OF MORTOAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR TO NORTH AMERICAN MORTGAGE, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665 MILWAUKEE, WISCONSIN 53201. 2. Defendant, LESTER P. KELLER, is an adult individual, whose last known address is 1803 STERRETTS GAP AVENUE, CARLISLE, PENNSYLVANIA 17013. On or about, April 13, 1999, the said Defendant, executed and delivered a Mortgage Note in the stun of $101,150.00 payable to NORTH AMERICAN MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1535, Page 33 conveying to original Mortgagee the subject premises. Washington Mutual Bank, FA is Successor to North American Mortgage Company. A copy of the Loan Modification Agreement is attached hereto as Exhibit "B". 5. The land subject to the Mortgage is: 1803 STERRETTS GAP AVENUE, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on July 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $19.76 per day From 06/01/2002 To 09/01/2003 ( based on contract rate of 7.000%) Accumulated Late Charges Late Charges $34.61 From 07/01/2002 to 09/01/2003 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $103,070.66 $9,03O.32 $242.27 $519.15 $564.19 $5,153.53 $118,580.12 **Together with interest at the per diem rate noted above after September 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($19.76 per diem), together with other charges and costs including escrow advances incidental thereto to the da/t~ of Sherif/~s Sale and for foreclosure and sale of the property within described. ~/t~ By: PURCELl/, KRUG & HALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 5539717note (1696x2355x2 tiff) [2] LeNT APRIL 12, 1999 NOTE eAb~o I. BORROWER'S PROMISE TO PAY In return for s loan that I have r~Hved, I promise to pay U.S. $ 101,150.00 (this amount ia call~cl 'principal'),plusinterest, to tim order of the Lender. Tbe Lender is NORTH AMERICAN MORTGAGE · I understand that the Lender may tramffer this Note. The L~dcr or anyone who takes this Note by transfer and who is entitled to r~eive payments unck'r this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until thc full amount of principal has b~n paid. I will pay interest at a yearly rate of 7. 000 ~'- The interest rate required by this Section 2 is the rate I will pa)' both before and after any default deecribed in Section 6(B) of this Note. 3. PAYMENTS (Al Time and Place of Payments I will pay principal and inter~t by making payments every month. I will make my monthly payments on the 1ST day of e~ch month beginning on JUNE 01 · Igg9 . I will make thase payments every month until 1 have paid all of the principal and infarct and any other charges dascrib~l below that 1 may owe under this Note. My monthly payments will be applied to interest before principal. ~If, on MAY n 1, 2OZg , I still owe amounts under this Note, I will pay those smount~ in full on ~that date, which is callexi the 'Maturity I w/ll malce my monthly payments at 39~a AIRWAY 0R1¥£. 8AN?A ~OSi, CA or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ ~72.9E '4. BORROWER'S RIGHT TO PREPAY ]. I have the. right to make payments of principal at any time before they are dim. A payment of principal only is known as a ~, prepayment. When I make s prepayment, I will tell the Note Holder in writing that I am doing so. I may make a f~ll prepayment or partial prepayments without paying any prepayment charge. The No~e Holder will lq l o! thy prepayments to reduc~ the amount of principal that I owe under this Note. If I make a partial prepayment, there will ,be no changes in the dim date or in the amount of my monthly payment unless the Note Holder arras in writing to those Change. 5. LOAN CHARGES i If a law which applle~ to this loan and which sets maximum loan charges, is finally interpretecl so that the interest or other loan eharg~ collected or to he collected n connection w th this loan esce~l the perm tied im ts. then: ( ) any such oan ~harge shall he reduced by the amount nece~ary to reduce the charge to the permitted limit; and {ii) any sums already Collected from me which exceed~ p~rmlm<l limits will he rel~unded to me. The Note Holder may choose to make this refund . lay reducing the principal I owe und~ this Note or by making a direct payment to me. If a r~und reclue~s principal, the r~luction will b~ ,.t~ ,ted as a partial pr~'payment. 6,. BORROWER S FAILURETO PAY AS REQUIRED ~ (A} Late Charge for O?erdue Payments ', If the Note Holder has not r~ived the full amount of any monthly payment by the end of 15 calendar days after the date it is dim, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 % of my overdue payment of principal and interest, I will pa)' this late charge promptly but only onc~ on each late payment. [ (B}Default I If I do not pay the full amount of each monthly payment on the date it is doe, I will he in default. (C) Notice of Default i If I am in d~ault, the Note Holder may s~ad me a written notice telling me that if I do not pay the overdue amount by a c~rtsin date, the Note Holder may require me to pay immealiately the full amount o! principal which has not been paid and '"'"" llilllllHflll tlilllllfllllll 5539717note (1696x2339x2 tiff) [3] all th6 interest thell owe un that a~uot. That date must be at lesst 30 days afte,enedateon whlch the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder do~s not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has r~quirtxl me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibi~d blt applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICF_~ Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first close mail to me at the Property Addresz above or at a different addre~ if [ give the Note Holder a notice of my different addrezz. Any notice that must be given to *-he Note Holder under this Noir will be given by mailing it by first clas~ mail to the Note Holder at the addreas stated in Section 3(A) above or at a different addr~ ill am g~ven a notice of that different address. S. OBLIGATIONS OP PERSONS UNDER THIS NOTE If more than one parson signs this Note, ~ach person is fully and pa~onally obligated to keep all o! the promises made in this Note, ineludlng the promise to pay the full amount owed. Any parson who is a ~usrantor, surely or endorser of this Note is also obligated to do these things. Any pers~, who takes over ~hese obligations, including the obligations of a guarantor, surel~ or endorser of il.is Note, is also obhgated xo ke~'p all of the promises made in this Note. The Note Holder ma)' enforce its ri.ghts under this Note against each person individually or against all o! us ~ogether. This means that any one of us may he requtred to pay all of the amounts owed under this Note. 9. WAIVERS ' I and any other person who has obligations under this Note waive the rights of presentm.e.n,.,t and notice of dishonor. 'Presentment'meanstherighztorequlretheNoteHoldertodemandpaymentofamountsdue. Notice of dlshonor means the right to require the Note Holder to give notice to other parsons that amounts du~ have not been paid. 10. UNIFORM SECURED NOTE ' ' This Note is a uniform instrument with limited variations in some jurisdictions.. In addition to the pr?,tectlons given to the Note Holder under this Note, a Mor~gaga, Deed of Trust or ~eority Deed (the Security Instrument ), dazed the same date as this Note, protectsthe Note Holder from possible Iossns wblchmight result if ldo not kenp the promises which I make in this Nou:. That Security Instrument describes how and under whaveonditions I may be required to make immediate payment in full of all amounts I owe undlr this Note. Some of those conditions ars described as Transfer of the Property oFa Beneficial Interest in Borrower. If all or any par~ of the Property or any iotere~ in it is sold or transl.'ed (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural !~wson) wkhout Lender's prior written consent, Lender may, at its option, r~quire imm~tiate payment in fur of all sums secured by this Security Insirumen~. However, this option shall not be exercised by Levxler if exercis~ is prohibited by federal law as of the date of this ,'~curity Instrument. If Lender e~erci~s this Ol~iun, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the noftce is delivered or mailed wkhin which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies perroitxed by this Security Instrument without for~her notice or demand on Borrower. Nr[NESs THE HAND(S) ~ SEAL(S) OF T~[E UNDERSIGNED. ~LE$ TER__./P KELLER -Borrower UN: 1S2-46-4727 ..... SS~: (Sen]) SSN: ~N: (Seal) (Seal) Above This Line For Recording Data) /[//t"(d~ (Space Loan/$ 5539717 LOAN MODIFICATION AGREEMENT This Loan Modification Agreement ("Agreement"), made as of this day of June, 2001, between Lester P Keller ("Borrower") and North American Mortgage Company ("Lender"), amends and supplements (1) the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instruments"), dated April 13, 1999 and recorded in Book or Liber 1535, at page(s) 33 of the Cumberland County Records of PA: and (2) the Note beating the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property", located at 1803 Sterretts Gap A, Carlisle PA 17013 (Property Address) In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): As of July 1, 2001, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S. $104,036.59, consisting of the amount(s) loaned to the Borrower by the Lender and any interest capitalized to date. The Borrower promises to pay the Unpaid Principal Balance, plus interest to the order of the Lender, Interest will be charged on the Unpaid Principal Balance at the yearly rate of 7%, fi.om July 1, 2001. The Borrower promises to make monthly payments of principal and interest of U.S. $692.16, beginning on the 1st day of August, 2001, and continuing thereafter on the same day each succeeding month until principal and interest are paid in full. If on July 1, 2031 (the "Maturity Date"), the Borrower still owes amounts under thc Note and the Security Instrument, as amended by this Agreement, the Borrower will pay these amounts in full on the Maturity Date. The Borrower will make such payments at 231 East Avenue, Albion, New York 14411 or as such other place as the Lender may require. If all or any part of the Property or any interest in it is sold or transferred (or ifa beneficial interest in the Borrower is sold or transferred and the Borrower is not a natural person) without the Lender's prior written consent, the Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument. If the Lender exercises this option, the Lender shall give the Borrower notice of acceleration. The notice shall provide a period or not less than 30 days from the date the notice is delivered or mailed within which the Borrower mast pay all sums secured by this Security Instrument. If the Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on the Borrower. The borrower also will comply with all other covenants, agreements and requirements of the Security Instruments, including without limitation, the Borrower's covenants and agreements to make all payments to taxes, Insurance premiums, assessments escrow items, imp~ds and all other payments that the Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the date specified in paragraph No. 1 above: (a) all terms and provisions of the Note and Security Instrument (if any) providing for implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and (b) all terms and provisions of any adjustable rate rider or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and the Borrower and Lender will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. North American Mortgage (Seal) -Lender- By: J~es~. oley Its: Assi~ch¢ President (Space Below This Line For Acknowledgments) On the ~ day of ~-~ ~ ~00~ before me came ~.ester P Keller to me known to be the individual (s) described in, and who executed the foregoing instrument, and acknowledged that he executed the same. ~ N~y PUBLIC OF N~JERS~ ~ Notary ~ic STATE OF J J ~, ) On the I~ day of ~,~/ before me came James E. Mikoley duly sworn, did depose and say that he is the Assistant Vice President of North American Mortgage Company the corporation described in and which executed, the foregoing instrument; and that he signed his name thereto by order of the Board of North American Mortgage Company. Notary Pub t~c~ SANDRA J. MASSARO Notary Public, State of New York No. 01MA5075713 Que. lified in Orleans County.. ,-~ Commission Expires April, 20 O ~ 5539717apprfm (1696x2800x2 tiff) [13] VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR TO NORTH AMERICAN MORTGAGE COMPANY. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 25, 2003 Le~aller, !Esquire SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-04214 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS KELLER LESTER P R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT KELLER LESTER P unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT KELLER LESTER P NOT FOUND as to 1803 STERRETTS GAP AVENUE CARLISLE, PA 17013 1803 STERRETTS GAP AVENUE CARLISLE IS VACANT. DEFENDANT MOVED TWO YEARS AGO. Sheriff's Costs: So~ Docketing 18.00 Service 3.45 Not Found 5.00 //~__R. Thomas Kline - Surcharge 10.00 ~ S~eriff of Cumberland County .00 / 36.45 ~ PURCELL KRUG HALLER 09/09/2003 Sworn and subscribed to before me this /~/~ day of ~2~3~ A.D. P~tar~y~ WASHINGTON MUTUAL BANK, FA SUCCESSOR TO NORTH AMERICAN MORTGAGE COMPANY Plaintiff VS. LESTER P. KELLER Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-4214 RETURN OF SERVICE TO THE PROTHONOTARY: Kindly file the Out of State Service Return on the above captioned matter. DATE: October 9, 2003 PURCELL, KRUG, & HALLER Leon P. Hailer 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attomey ID# 15700 WASHINGTON MUTUAL BANK, FA SUCESSOR TO NORTH AMERICAN CIRCUIT COURT OF COMMON PLEAS MORTGAGE COMPANY CUMBERLAND CO., PA VS 03-4214 ACTION OF MORTGAGE FORECLOSURE ANO COMPLAINT LESTER P. KELLER STATE OF NEW JERSEY COUNTY OF ATLANTIC THOMAS DEFELICE, OFFICER UPON HIS/HER OATH DEPOSES AND SAYS: 1. I AM A SHERIFF'S OFFICER OF THE COUNTY OF ATLANTIC, STATE OF NEW JERSEY, ON OF FULL AGE, BEING DULY SWORN ACCORDING TO LAW, I 9/23/2003l !AT: 9;15AM I SERVED COPIES OF ACTION OF MORTGAGE FORECLOSURE AND COMPLIANT PERSONALLY ON: LESTER P KELLER- DEFENDANT AT 834 MIDDLE RD. HAMMONTON, NEW JERSEY. JAMES McGETTIGAN, SHERIFF BY C'/ AND APPOINT WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORE. OF AMERICA, PLAINTIFF VS. LESTER P. KELLER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiffand against Defendant(s) LESTER P. KELLER for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $19.76 From 06/01/2002 To 09/01/2003 Accumulated Late Charges Late Charges ($34.61 per month to 09/01/2003) Escrow Deficit $103,070.66 $9,030.32 $242.27 $519.15 $564.19 5% A~omey'sCommission TOTAL $5,153.53 $118,580.12 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALLER By PA I.D. #.ldO00 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. LESTER P. KELLER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237. I I hereby certify that on October 21, 2003 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 WASHiNGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4214 LESTER P. KELLER Defendant CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: October 21, 2003 TO: LESTER P. KELLER 834 MIDDLE ROAD HAMMONTON NJ 08037 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG ~~ LB~oNq~qq~~m ~~/ I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF Vs. LESTER P. KELLER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. ItALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as mnended. Sworn to and subscribed before me this/~/day IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 03-4214 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. LESTER P. KELLER, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT Interest Per diem of $19.76 to sale date Accumulated Late Charges and Late Charges $34.61 per month to sale date Escrow Deficit NSF Fee Special Assessment Property Preservation 5% Attorney's Commission TOTAL WRIT $118,580.12 $3,616.08 t/' $242.27 %/ $761.42 ~/ $5,046.04 $40.00 $138.60 $7,958.50 5,153.53 d $136,140.76 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: WEDNESDAY, MARCH 03, 2004 (PROTHONOTARY'S USE) Pltf. Paid Deft, Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Issue Writ of Execution in the above captioned case. Date: December l, 2003 J~ WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 1803 STERRETTS GAP AVENUE CARLISLE, PENNSYLVANIA 17013 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 LESTER P. KELLER, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff' in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1803 STERRETTS GAP AVENUE CARLISLE, PENNSYLVANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): LESTER P. KELLER 834 MIDDLE ROAD HAMMONTON, NJ 08037 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 1803 Sterretts Gap Avenue Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made~.s~ect to_ the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification~~ Leo~lh~a~.D. 7t 15700 Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:December I, 2003 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 LESTER P, KELLER, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 03, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1803 STERRETTS GAP AVENUE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-4214 JUDGMENT AMOUNT $118,580.12 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: LESTER P. KELLER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive par~ of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevem your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exemise your rights, YOU MUST ACT PROMPTLY. AL~ ~AT CERTAIN tract of land with the improvements thmreon situate in the Township of N~rth Middleton, County of Cumberland, Com~onwealth of Pennsylvania, bounded and described as follows, to wit: Pennsylvania, in Plan Book Volume 77, Page 109. Being designated as part of UNDER A~D SUBJECT, NEVERTHELESS, to all righ=s of way, easements, restrictions and/or conditions of record. HAVING THEREON ERECTED A DV(ELLING KNOWN AS 1803 STERRETTS GAP AVENUE, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH LouAnn Hair, by Deed dated 4/12/99 and recorded 4/19/99 in Cumberland County Deed Book 197, Page 764, granted and conveyed unto Lester P. Keller. TO BE SOLD AS THE PROPERTY OF LESTER P. KELLER ON JUDGMENT NO. 03-4214 ASSESSMENT NO. 29-17-1585-210 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. LESTER P. KELLER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) LESTER P. KELLER for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $19.76 From 06/01/2002 To 09/01/2003 Accumulated Late Charges Late Charges ($34.61 per month to 09/01/2003) Escrow Deficit $103,070.66 $9,O3O.32 $242.27 $519.15 $564.19 5% A~omey'sCommission TOTAL $5,153.53 $118,580.12 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALLER By 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA SUCCESSOR 1N iNTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. LESTER P. KELLER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 1N MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 21,2003 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. LESTER P. KELLER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 IN MORTGAGE FORECLOSURE RETURN OF SERVICE ,I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ]/~010 t~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.[/. ~ 1[~9. i to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: LESTER P. KELLER 834 MIDDLE ROAD HAMMONTON, NJ 08037 North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 Tenant/Occupant 1803 Sterretts Gap Avenue Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 Attorneys for Plaimiff 1719 North From Street Harrisburg, PA 17102 (717) 234-4178 HOWARD B. KRUG LEON P. HALLER JOHN W, PURCELL JR JILL M WINKA BRIAN J. TYLER NICHOLE M STALEY O'OORMAN LAW OFFICES 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. OUNNOF COUNSEL LESTER P. KELLER 834 MIDDLE ROAD HAMMONTON, NJ 08037 North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 Tenant/Occupant 1803 Sterretts Gap Avenue Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest,- - ~-J if any, by bei~t~_notified of said Sheriffs Sale. JJ~.~../ By: ~~ttomey ~r P'laPiAnt~;D' 1 ~ WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. LESTER P. KELLER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4214 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: TIME: Wednesday, March 03, 2004 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1803 STERRETTS GAP AVENUE CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-4214 JUDGMENT AMOUNT $118,580.12 THE NAMES OF THE OWNERS OR REPUTED OWNERS o£this property is: LESTER P. KELLER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE TI~IZ. RE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD~ TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243 -9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THaT CERTAIN tract of land with the improvements thereon situate in the Town~hip of North Middleton, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the easternmost dedicated right of way line of or formerly owned by Jeffrey A. and Alice M. Peet; =hence along same and alon~ property now or formerly of Charles W. and Jeannette M. Taylor, South 83 northwesternmost corner of Lot No. 1 on the hereinafter mentioned Plan of feet to a point on line of land now or formerly of Property Development Associates; thence along same South 86 degrees 51 minutes 00 seconds West, 398.37 feet to a point on the eastern most line of Sterretts Gap Avenue aforesaid thence along same, North 02 degrees 41 minutes 21 seconds West, 50.16 feet to a point; thence still along same by a curve to the right having a radius of 335.00 feet; a chord bearing North 08 degrees 23 minutes 40 BEING bound and designated as Lot No. 2 in the Final Subdivision Plat of Lands of Lo=~nn Hair, as recorded in the Recorder's Office of Cumberland County, Pennsylvania, in Plan Book Volume 77, Page 109. Being designated as part of UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. HAVING THEREON ERECTED A DWELLING KNOWN AS 1803 STERRETTS GAP AVENUE, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH LouArm Hair, by Deed dated 4/12/99 and recorded 4/19/99 in Cumberland County Deed Book 197, Page 764, granted and conveyed unto Lester P. Keller. TO BE SOLD AS THE PROPERTY OF LESTER P. KELLER ON JUDGMENT NO. 03-4214 ASSESSMENT NO. 29-17-1585-210 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA COURT OF COMMON PLEAS CUMBERLAND CQ, PENNSLYVANIA NOTICE OF SALE 0310312004 03-4214 LESTER P. KELLER STATE OF NEW JERSEY COUNTY OF ATLANTIC THOMAS DEFELICE, OFFICER UPON HIS/HER OATH DEPOSES AND SAYS: OF FULL AGE, BEING DULY SWORN ACCORDING TO LAW, 1. I AM A SHERIFF'S OFFICER OF THE COUNTY OF ATLANTIC, STATE OF NEW JERSEY, ON V 12/24/2003] ~,T 3:30 P.M. I SERVED COPIES OF NOTICE OF SALE PERSONALLY ON: LESTER P. KELLER- DEFENDANT AT 834 MIDDLE ~OAD, HAMMONTON, NEW JERSEY. JAMES McGETTIGAN, SHERIFF BY SWORN AND SUBSCRIBED TO BEFORE ME THiS 29TH DAY OF DECEMBER, 2003 NOTARY PUBLIC OF NEW JERSEY COMMISSION EXPIRES: 6-25-2006 SHERIFF'S FEES: $ Arty: 33.40 AND 5.00 NOTARY I HEREBY DEPUTIZE AND APPOINT THOMAS DEFELICE, OFFICER TO SERVE THE WITHIN WRIT WITNESS MY HAND AND SEAL ,,~MES McGETTIGAN, 12/18/2003 SHERIFF OF ATLANTIC COUNTY ~003-3262 PURCELL, KRUG & HALLER, ESQ- MINDYHORLEY, PARALEGAL WASHINGTON MUTUAL BANK, FA v. LESTER P. KELLER Cumberland County Sale 3/3/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: LESTER P. KELLER 834 MIDDLE ROAD HAMMONTON, NJ 08037 Postage: Postmark: Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Tenant/Occupant 1803 Sterretts Gap Avenue Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 Postage: WASHINGTON MUTUAL BANK, FA v. LESTER P. KELLER Cumberland County Sale 3/3/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North From Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 Postage: Postmark: WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plalmiff VS. LESTER P. KELLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : No.03-4214 : : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE VOLUNTARY SUBSTITUTION OF WASHINGTON MUTUAL BANK FA ~H AMERICAN MORTGAGE COMPANY 1. NORTH AMERICAN MORTGAGE COMPANY is the last assignee of record. WASHINGTON MUTUAL BANK, FA is successor to NORTH AMERICAN MORTGAGE COMPANY and wishes to substitute itself for Plaintiff. 2. Material facts in which the fight of succession and substitution is based are as follows: (a) On 04/12/99 Lester P. Keller entered into a Mortgage agreement with North American Mortgage CompanY in the amount of $101,150.00 recorded 04/19/99 in Mortgage Book 1535, Page 33. WASHINGTON MUTUAL BANK, FA SUCCESSOR TO NORTH AMERICAN MORTGAGE COMPANY does voluntarily substitute itself as Plaintiff herein. BY:__~_~ Leon ~Haller, Esquire Purcell, Krug and Hailer 1719 North Front Street Harrisburg, PA 17102 ID#15700 Attorney for Plaintiff Date: March 2, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mtg Assoc is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 3rd day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4214, at the suit of Washington Mutual Bank F A against Lester P Keller is duly recorded in Sheriff's Deed Book No. 262, Page 4194. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this t~~z~ day of , A.D2004 /ffJ ~~ Recorder of Deeds Washington Mutual Bank, FA Successor In Interst to PNC Mortgage Corp. of America VS Lester P. Keller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4214 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Lester P. Keller, by certified mail, return receipt requested, restricted delivery, deliver to addressee only to his last known address of 834 Middle Road, Hammonton, NJ 08037. '[his letter was mailed under the date of December 12, 2003. Letter was returned to the Sheriffs Office on January 12, 2004 marked "unclaimed." Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 8:11 o' clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lester P. Keller located at 1803 Sterretts Gap Ave., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Lester P. Keller, by regular mail to his last known address of 834 Middle Road, Hammonton, NJ 08037. This letter was mailed under the date of January 21, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Leon P. Haller for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 North Market Street, Suite 800, Philadelphia, PA 19102, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $907.69, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 17.80 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 3.45 Levy 15.00 Surcharge 20.00 Law Journal 377.00 Patriot News 270.97 Certified Mail 8.15 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 907.69 Sworn and subscribed to before me So Answers: .- R. Thomas Kline, Sheriff 2oo4,^.D. <~,~ C~. ~,,~,..,~,~ ,~U~%~& 'Pt'othonotary B Real Estatd-'Deputy Real Estate Sale # 7! On December 11, 2003 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1803 Sterretts Gap Ave., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 11, 2003 By: Real Esta~ Deputy WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA Plaintiff VS. LESTER P. KELLER Defendant(s) IN THE COURT OF COMMON PLEAS CUMBER.LAND COUNTY, PENNSYLVANIA NO. 034214 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ASSIGNMENT OF BID TO THE SHERIFF: WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, as agent FEDERAL NATIONAL MORTGAGE ASSOCIATION, hereby assigns its bid in the above matter to FEDERAL NATIONAL MORTGAGE ASSOCIATION, 1900 North Market Street, Suite 800, Philadelphia, PA 19102. Leon P. Haller, Esquire Attorney for Plaintiff PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 2344178 DATED: 04/20/04 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in thc regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL E~TATE ~ NO. 72 Writ No, 2003-4214 Civil Washington Mutual Bank, FA, successor in interest to PNC Mortgage Corp. of America VS. Lestcr p. Keller Atty: Leon p. Hailer ALL THAT CERTAIN tract of land with the improvements thereon situate in the Township of North Mid- dleton. County of Cumberland. Com- monwealth of Pennsylvania, bound- ed and described as follows, to w/t: BEGINNING at a point on the easternmost dedicated right of way line of Sterretts Gap Avenue (T 5041. at the southwesternmost cor- ner of property now or formerly owned by Jeffrey A. and Alice M. Peet; thence along same and along property now or formerly of Charles W. and Jeannette M. Taylor, South 83 degrees 45 rainutes 37 seconds East, 373.70 feet to a point at the northwesternmost corner of Lot No. 1 on the hereinafter mentioned Plan of Lets: thence along same South 6 degrees 30 minutes 00 seconds West, 212,04 feet to a point on line of land now or formerly of Property Development Associates; thence along same South 86 degrees 51 minutes 00 seconds West, 398.37 feet to a point on the eastern most line of Sterretts Gap Avenue afore- said thence along same, North 02 degrees 41 minutes 21 seconds West, 50.16 feet to a point; thence SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 East, 373.70 feet to a point at the northwesternmost comer of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along sanae South 6 degrees 30 minutes 00 seconds West. 212.04 feet to a point on line of lm~d now or formerly of Property Development Associates; thence along same South 86 degrees 51 minutes 00 seconds West, 398,37 feet to a point on the eastern most line of Sterretts Gap Avenue afore said thence along same, North 02 degrees 41 minutes 21 seconds West. 50.16 feet to a point; thence still along same by a curve to the right having a radius of 335.00 feet; a chord bearing North 08 degrees 23 minutes 40 seconds East, mea- suring 128.80 feet, for an arc dis- tance of 129.61 feet to a point; thence still along same North 19 degrees 28 mlmutes 40 seconds East 101.47 feet to thc point and place of BEGINNING. BEING bound and designated as Lot No. 2 in the Final Subdivision Plat of Lands of LouAnn Hair, as recorded in the Recorder's Office of Cumberland County. Pennsylva nia, in Plan Book Volume 77, Page 109. Being designated as part of Tax Parcel No. 29 17-1585 210. UNDER AND SUBJECT, NEVER- THELESS, to all rights of way, ease- ments, restrictions and/or condl tlons of record. HAVING THEREON ERECTED A DWELLING KNOWN AS 1803 STER- RETI'S GAP AVENUE, CARLISLE, PENNSYLVANIA 17013. BEING THE SAME PREMISES WHICH LouAnn Hair, by Deed dated 4/12/99 and recorded 4/19/99 in Cumberland County Deed Book 197, Page 764, granted and conveyed unto Lester P. Keller. TO BE SOLD AS THE PROP- ERTY OF LESTER P. KELLER ON JUDGMENT NO. 03 4214. ASSESSMENT NO. 29-17-1585 210. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin i,fl"~Miscellaneous Book "M", Volume 14, Page 317.;worn to //'/~ ~day PUBLICATION COPY and subscribe 3rd of F.e~ual:y~04 A.D. City Of Halfisburg, DauphinCou.ty / /v - / ('1 '¢~."'- ' My Commission Expires June 6, 2(306 NOTAFRY PUBLIC Member', Pennia AS~ O~ Nola~t commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 270.97 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. WASHINGTON MUTUAL BANK, FA SUCCESSOR TO NORTH AMERICAN MORTGAGE COMOPANY VS. LESTER P. Plaintiff KELLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT]iON - LAW NO. 03-4L. 14 Civil Term IN MORTGAGE FORECLOSURE P RAE C I PE TO THE PROTHONOTARY: Please mark the judgment entered against the Defendant satisfied of record. Dated: September 29, 2004 PURCELL, KRUG & HALLER Leon P. Haller ID #15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717)234-4178