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HomeMy WebLinkAbout07-6820IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, vs. CIVIL DIVISION NO.: 0 7• L'e uv( TYPE OF PLEADING James L. Miller; Stephanie L. Miller Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 7255 Baymeadows Wav Jacksonville. FL 32256 AND THE DEFENDANT: 296 Old Stone House Road Carlisle. PA 17013 CERTIFICATE OF LOCATION i HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 296 Old Stone House Road. Carlisle PA 17013 Municivality: Middlesex ATTORNEY FOR PLAINTIFF ATTY FILE NO.: FRP 93582 FILED ON BEHALF OF: Washington Mutual Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: FRP- 93582/ad Zucker, Goldberg & Ackerman, LLC FRP-93582 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC FRP-93582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: Vs. James L. Miller; Stephanie L. Miller Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FRP-93582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, : CIVIL DIVISION NO.: vs. James L. Miller; Stephanie L. Miller Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FRP-93582 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, NO.: ?, G p'2 D Cc-?4 -7-- vs. James L. Miller; Stephanie L. Miller Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Washington Mutual Bank, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, Washington Mutual Bank, which has its principal place of business at 7255 Baymeadows Way, Jacksonville, FL 32256. 2. The Defendants, James L. Miller and Stephanie L. Miller, are individuals whose last known address is 296 Old Stone House Road, Carlisle, PA 17013. 3. On or about January 25, 2002, James L. Miller and Stephanie L. Miller executed a Note in favor of Washington Mutual Bank, FA in the original principal amount of $275,500.00. 4. On or about January 25, 2002, as security for payment of the aforesaid Note, James L. Miller and Stephanie L. Miller made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Washington Mutual Bank, FA a Mortgage in the original principal amount of $275,500.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 31, 2002, in Mortgage Book Volume 1747, Page 4199. A true and correct copy of Zucker, Goldberg & Ackerman, LLC FRP-93582 said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Washington Mutual Bank, FA to Washington Mutual Bank, plaintiff herein, pursuant to an assignment of mortgage dated July 21, 2006 and recorded on August 7, 2006 in the Office of the Recorder of Deeds for Cumberland County in Assignment Book 729, Page 1918. 6. Defendants are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. On or about September 14, 2007, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 256,501.41 Interest through 10/26/2007 $ 6,699.48 Attorneys' Fees $ 1,250.00 Title Search & Costs $ 2,500.00 Late Charges $ 87.07 Suspense Balance $ -1,590.79 Total Fees $ 57.00 Total $ 265,504.17 plus interest on the principal sum ($256,501.41) from October 26, 2007, at the rate of $45.68 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FRP-93582 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $265,504.17, with interest thereon at the rate of $45.68 per diem from October 26, 2007, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FRP-93582 ZUCKER, GOLDBERG & ACKERMAN BY: I ? t' k" C? Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FRP-93582 10-29-`07 14;51 FROM-Premier Abstract 7175456163 ?ECIIR? ?EEOS ,,,? r Q2 SON 31 Ali X T-365 P003/031 F-907 I'*y7d y p repared By. Rettua TO; NORTH AMER I CAN MORTGAGE EMILY KELLEY P.D. aox 909031 PETALUMA, CA 94076-9031 FINAL REVIEW AU 032 Pared Nwnber: 21-09-0673-199 tSpsos Above This Use For Recording Data] YPA1 MORTGAGE W04 611364112-869 WN 1000541-3000216529-e DEFINMONS Words used in multiple sections of this document are defined below and othar words are defined in Sections 3, 11, 13, 18, 20 and 21. Cermin rules regarding the usage of words used in this document are also provided in Section 16. (A) 'Security Inatsuenent' ateam this document, which is dated JANUARV 25, 2002 together with all Riders to this document, (B) "Borrower" Is JAMES L. MILLER AND, STEPHANIE L. MILLER Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Elechvwc Registration Symms. Inc. MGRS is a separate oorporation that is acting solely as a nominee for Lander and Leader's successors and assigns. MERS is the mortgagee order this Security xnstruamt. MFRS is organized and existing under the laws of Delaware, and has an address and telephono number of P.O. Box 2036. Flint. MI 4MI-IA26, tel. (888) 679-MM. PiiOM M&VAN1A - Single F"tf - Rsnele Ma Msodle Mso tMsMW INS'ritUME1111' WITH MFRS -4A1p/1) 'aeon Ewm 3039 1/01 •• VMP MORTOA ?na PORMs M'Isod5a 7tH 11IM1110111111 10111111 ri 410%P* BK? 4 7PG41'99 10-29-`07 14;51 FROM-Premier Abstract 7175456163 T-365 P004/031 F-907 ib? s* (D) "Lender" is WASH I NOTON MUTUAL BANK, FA Leader i8 a FEDERAL SAV I NOS BANK organized and existing under the laws of -na UNITED STAT93 OF AMERICA L DWIl addraw k 3683 AI RWAV DRIVE. SANTA ROSA, CA 65403 (E) "Note" meals the promissory note signed by Borrower and dated JANUARY 25, 2002 The Neu states that BoMwer owes Leander TWO HUNDRED SEVENTY FIVE THOUSAND FIVE HUNDRED AND 001100 Dollars (U.S. $ 370 ,600.00 ) plus interest. Borrower Naas promised to pay this debt.i>n regular Periodic Paymeants and to pay the debt in full not later than F99RUARV 01, 2032 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (O) "Loan" means the debt evidenced by the Note. plows interest. any prepayment charges and ism charges due under the Note, and all sums due under this Security Instrument, plus intermit. (H) "Riders" mesas all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider 0 Biweekly Payment Rider Other(s) rspoeify) (I) "Applicable Law" moans all controlling applicable federal, state and local macular, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as ?1! applicable titual, non appealable jaxdia - I amp (Jt Community Association Dues, Toesc, and Assessments" means all duce. fees, asseeemamts and other charges that arm Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Fulda Transfer" means any wader of funds, other than a transaction originated by cheep. draft, or similar paper instrument, which is initiated through an electronic terminal. tdophonic instrument. computer, or magnetic tape so as to order. instruct, or authorize a financial inatitudoan to debit or credit an account. Such term includes, but is not limited to. po ar'?aale anand utomatad tomanylw taller transfers. tranncdtms, transfers initiated by talepbone. wirm L"Escrow Items" means those items that are described in Section 3. ) "Miscellaneous Proceeds" means any compensation. settlements award of damages. or proceeds d by any third paM (other than insurance proceeds paid under the coverages described In Section ) for. (1) do to, or destruction of, the Property; (ii) condemnation or other taking of an or any part of the Prvpaty? (iii) conveyance in lieu of tandemnation; or (iv) ------------ W tions ot, or omiatsion as to. else value andlor condition of the Property. (N))) a orega ge Insuranoe` means insurance protecting Leader against the nonpayment of, or default on, tea Lou. (O) "Periodic Payawat" means the regularly scheduled amount due for (i) principal and interest under the Note. plue (ii) any smounts under Section 3 of this Security Instrumenr. a"?er?ar L•I?s 4M-BALPA) woom PIGS 1 of Is Fafrm 8036 Wol 89 1 74 7PG420.0 10-29-'07 14:51 FROM-Premier Abstract 7175456163 T-365 P005/031 F-907 (F) "RHWPA" mom the Rael Estate Settlement Procedures Act 02 U.S.C. Section 2601 at seq.) WA Its isnplete UtW8 reWulatiom, RSgkfttbM X (24 C.F.R. Pan 3300). as that' might be smeaded freer time to ti=% or my a"tiaad or suI, P 10c r lefWation or regWation that governs the same subject matter. As owed in We Security Ilpeprowmt, "RESPA" refers to all requirements and randCtiou that are imposed In regwrd to s "federally related mortgage loan" even if the Loan does vm godify as s 'federally nb tad mortgage toast" under RESPA. M) "Suooeae0l; in Uteteat of Barrowee mama arty patty that has taken title to the Property, wbadxx or not drat patty has assumed Borrower's obligatlow uftft the Note =Nor this Security ITAUUManL TRANSM OF RIGHTS IN TIM PROPERTY This Smvdty 1wrument assures to Lmder. (1) the repayment of the Loan, and all renewals, and nmoMiadom of she Notes and GO the performance of Bor owees covenants and speemeaes uww this Seeudtyr Instcurnast and the Now For this purpme, Borrower does hmby maetim grwnt and convoy to MM (solely as nominee for Leader and LendWs successors sad awaigas) and to the Sue on= and "ps of MERE the following daaeribed property located in the COUNTY of CUMBERLAND it'ype of Reoec"I; Jwleclklion7 (NVsue of Rmwding Juri.di OW THE LEGAL DESCRIPTION IS ATTACNEO HERETO AS A SEPARATE EXHIBIT AND 15 MAOE A PART HEREOF. which glrrently has the address of 290 OLD BTONE HOUSE ROAD (Serves) CARLISLE (City) . Perrosylvaaia 17013 [Zip Cods) ('Property AddrSa"): 'I OGNMR WM an the impeavements now or hereatter erected oA the peopetiy. and d! aasemaota, wpureenaoaes, and Cstur w now or herea?ftar a part of the property. Ali csplsossnents wad a"doae shall also be covered by this Seauuity Iaaeeument. All of the foregoW is referred to In1111168 - 1N leoeu M. 9 of to W, Rion 3039 1/01 8K 1747PG420 I 10-29-`07 14:52 FROM-Premier Abstract 7175456163 T-365 P006/031 F-907 in this Security Instmine:at as the *Pro 4-0 HQe'rOwet uAderatands and agrsas that MERS holds only loll title to the Interests gr old war in thin Seewity kwtrumcat but, U neoecaary to comply with law or au?stont. (as nomime for Lender and Landers successors nerd assigns) has the right: to oweise any or all of those interests, including, but not limited to. the sigM to foreclose and sell the Pr and to take any action required of Lander including, but •f2at limited to relmlg and iag this Swurity Iuttrument. BORROWER COVBNANTV that Borrower is lawfully seised of the eatate bereby conveyed and has the right to mortlge, scant armed convef? the Ptoparty and that the Property is ummenm tot enoumbrancee of record. Borrower warrants and twin defend generally the title to the all' eleima and demands, subject to any eacumbranoea of record. THIS SEC UMBNT combats uniform covenants for aWotunl we and rm-oniform covenants with limited variations by jurisdiction to constitute a uniform security instet,rt?errt co vft 1 real ?npaty UNIFORM CAYENANIS. Borcowor and Leader covenant and agree as follows 1. Psymoot of Pdnchwt Interest, Fecrow Items, Pnpayttmant Charps. and Late Cbasges. Borrower shall pay when due the principal of, and interest on. the debt evidenced by the Note and any prepayment charges and late c wpe di* under the Note. Borrower sball also pay tondo for Eicrow Items pummot to Section 3. Payments due under the Note and this Security Iaetrument aha11 be made is U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Iastrument it returned to Lender unpaid, Leader may require that nay or all suixmuent payments due under the Note and this Secii"t Irmtument be maide in am at more of the following brain, as selected by Lender: (s) cash; (bil money order, (e) certified check. U& cheek, treasurer's check or cashiers chock. pco!ided any wench cheek is drawn upon an institution whose deposits sm insured by a federal aseacy, imtrume:rtality, or entity; or (d) Mactroria Punch TraaRer. Payments are deemed to eived by Lender when received at the location desip+ted in the Note or at such other location as may be designated by bender is accordance with the nodee provision is Section, IS. Leader may return any payment at pwial payment if the payment or psrHal payments arc imuffident to bring the Lean current. Under may accept any payment or partial payment insuHiaiatt to bring the Loan curmt. without waiver of any n is hereunder or M, dice to its to to refuse such paymaW or partial payments in the future. but Lender is not obislted .to a y such payments at the time such paymots arc accepted. If each Periodic payment a a ed as of its scheduled due date. then Linder need not pay interest ors uaa ed funds. Lender may hold such umppli+ed funds until Borrower makes pa meat to bring the Loan current. If Borrower doer not do so within a reasonable period of time, Lender shall either apply each fords or return rheas w Borrower. If not applied earlier. such funds will be applied to the outstanding principal balmae under the None ittuaediuely prig to foreclosure. No oBaal or claim which Borrower might beve now or in the ftnture sgain st Lender W%U relieve Borrower from msEng payersmia due under the Noto and this Security Inateument or pedormint the covenants and aimments secured by this Security Instrument. 2. Applicottoe of Payments or Proceeds. Except as otherwise described in this 3ectioa 2. all payments accepted and applied by Lander shall be sled In thQ following order of priority; (a) interest duo w,der the Note; (b) priacipal due under a Note a amounts due under Section 3. Such payments shall be applied to each Periodic Payment is the order is which it became due. An remaining amounts shall be applied first to late charp, secoad to nay other amounts due h to reduce the p"actpal balatice of the Now under this Security Isietrument, and ten If Lender receives a payment Irons Borrower for a delinquent Periodic Payment which includes a Wficient amount to pay air We charge due, the A ment may be applied to the delinquent payment and the late ebarge. rf more than one Periodic rwinent is outstare dins. Lender may apply any payment received from Borrower to the repayment of ttu Periodic Payments it, twkbl/rE 42%-A11PA) aoow loft et 1O Roan 8089 1101 BBC 1747P64202 10-29-`07 14:52 FROM-Premier abstract 7175456163 T-365 P007/031 F-907 and to the eeseteat that. each payment can be in full. To the For, I t that any +v-- Oriole alter the ppayment is applied to tbo full t of ens or more Periodic Payments. such excess may be applied to any Iste eharre due. Y mkt prnpsyments dwU be applied first to any, prepayment c gas audd tbes as described in the Nate. Any a lion of psyment% insurance proceeds, or Macailaoeous Proceeds to priae:i due under the Raw shall not extend or postposs tM due date. of change the amount, of the Periodic Payments. 3. Punds for Escrow items. Borrower she'll pay to Lender on the day periodic Payct cats we due under the Note w?til the Note is paid in cull, a aurn (the'Funds") to providC tot payment of amounts due for. (a) taxes and assasemeaw and other ite as which can attain priority over this Security Instrument as a lien or encumbrance one the Property; (b) leasehold paymems or ground tents on the Ppp-ty. if atw. (c) premiums for any u d all insurance segvired by Lender under Section S; ad rod) Manpse Insurance premiums, it any, or any sums payable by Borrower to Leader in lieu of the payment of Mortga?w Insurance premiums is accordance with the provisions of Section 14. These ,terns an called " w Items." At origimlion or at ally time during the term of the Loan, Leader may require that Community Association Dues, Fees, and Assessmenth it say, be esci by Borrower, and such dues, fees sad asecasments shat be an Escrow Item. Borrower shall prom p?ttlly furnish to I antler all notices of amounts to be paid under this Section. 8orsower shall pay yader the Fwids for F-wrow Items unless Leader waives Borrower's obligation to pay the Punde for any or all Escrow Items. Leader may waive Borrower's obligation Y to Leader Funds for any at all 13eeresw Items at any time. Any such waiver may only be in tops writing. In the event of amb waiver, Borrower shall pay directlyy. when and where payable, the amervam due for any Escrow Items for which payment of Pun& has been waived by Leader and. if Leander req*ce, shall furnish to Leader romcipts evidencing anmh payment within such time period as LeWer may requirn. Borrower's obligation to matte such payments and to provide receipts shall for all purposes be deemed. to be a covenant and agreement contained is this Security Instrument, a8 the pbzm 'eovenent and agreement' is used m Secdon 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver. and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise ho rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Lender may revolve the waiver es to any or all Fscrow Items at any time by a notice Kea is accordance with Section 13 and, upon such revocation, Borrower shell pay to Lender all Funds, and in such amounts, that are chase uired under ibis Section 3. Lander may, at any time, collect andld Funds in an amount (a) suffiedeat to permit header to apply the Funds at the time. aperifie d under PMPA. and (b) not to s=exed the mmmum amount a lender can eccp irc under RESPA. Lender elan estimate the amount of Funde duo an the basis of current data and reasonable admates of eaependitum of future Escrow Items or otherwise In accordance with Applicable Law. The Funds abet! be held in an institution who" deposits are insured by a federal agency. instrumentality, or entity (MW' Leo dear, if Lender is an institution whose deposits are so insured) or in any Federal I3om:%1=4 Hank. Lender shall apply the Funds to pay the Escrow Items no later than the tiene specified under RESPA. dot ahall not charge Borrower for holding and a king the Funds, aaauatly analyzing the: escrow account or ver f*4 the Escrow hems, unless pays Borrower intarect on the Funds and Applicable Law permits Leader to make such a chsrpa Unless; as agteament is shade in writing or Applicable Law requires interest to be paid on the Punch, Lender shall not be required to pay Borrower any interwrt or earaiM on the Fwxla. Borrower and Leader cam agree in wtitin& however. that interest stall be paid on the Funds. Leader ahahl give to Borrower, without cbarte, as aan%W aexounting of the Funds as requited by RESPA. 4ft-GAWAI 00061 ?nue•Ix Form 3039 1101 8K i 747PG4203 10-29-`07 14:53 FROM-Premier Abstract 7175456163 T-365 P008/031 F-907 It there is a surplus of Funds held in escrow, as defined under RON, Lender shall account to Borrower for the:eacess funds In socordanoe whh RBSPA. If there is a shortage of Funds bald in escrow. sa daliaid under Rl3SPA, Leader shall notify Borrower as required by ROPA, and Borrower shall pay to Lender the amount necessary to male up the shortage in accordance with "SPA. but in no more than 12 monthly payments. B there is a deficiency of Funds held in werow, as defined under RESPA. Lwudez eball notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to maim up the deficiency its accordance with REBPA, but in no more than 12 monthly payments. Upon payment in full of all rums secured by this Security Instrument. Lander shall promptly refund to Borrower any Funds held by Leader. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines, and impositions stuibutible to the Property which an attain priority over this Security Instrument, leasehold payments or ?rOUmd mu on the Property, if any, and Community Association Dues, Fns, and Aseeesmonts, of any. To the arttent that those items are Escrow Items. Borrower shall pay alum in the manner provided In Swes:tion 3. Borrower shall promptly discharge any lion which ho priority over this Soetuity Instrument unless Borrower. (a) seve in +vrits'n? to the Payment of the obligation acumd by the lien in a manner apmptabla toUnder, but only so Ions as Borrower is performing such agreement; (b) eontoats the Hen is good faith by, at datends against enforcement of the lien in. fowl proceedings which In Lender's opinion operam to prevent the enforcement of the lien while those proooeditfga an pending. but only until such proceedings are concluded; or (c) secures from the holder of the Ilea an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Leader determines that any part of the Property is subject to a lien which can attain priority over this Security lastrumenc, Lender ouy live Borrower a notice identifying the lien. Within 10 days of the date an which that notice is giver, Borrower shall satisfy the lion or take one or more of the actions act forth above in this Section 4. Leader may require Borrower to pay a one-time e" for a rest estate tax verification aa4lor reporting service used by Lender in connection with this Loan. S. Property Insvraaoe. Borrower shall keep the improvements now existing or hereafter arxted on the Property insured against loos by fire, hazards included within the term *extended coverage." and any otber hazards intdudiag, but not limited to, earthqualoos and floods, for which Lauder mpsires insurance. This LwursacC shall be maintained in the amounts (including deductible levels) and for tin periods that Lender requires, What Lender requites pursuant to the precediag sentences can chaa?e during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Bortrnver subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay. is corm don with this Loan, either. (a) a one" bale charge for flood zone determination. certification and traekia# services; or (b) a one's me charge for flood zone determination and certification se vices and subsequeat charges each time remappings at aimilar cbsogw occur which reasonably might affect such, determination or eardfiieat;oa. Borrows' shall also be responsible for the payment of any fees imposed by the Federal Emergency ManagaMent Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. It Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage. at Lendees option and Borrower's apense. Loader is undo no obligation to purchase any particular type or amount of coverage. Therefore. such coverage shall cover Lender. bvt might or mi0% not protect Borrower, Borrower's equity in the Property, or the contents of Int -EAipA? soooas d?ta: rr .ao a ., .a J4 W*?? Fe"" 8088 1101 OKI747PG4204 10-29-'07 14:54 FROM-Premier Abstract 7175456163 T-365 P009/031 F-907 the Property. against any risk, hazard or liability and might provide greater or hewn coverage an wes provlously, in dfeet. Borrower acimawledges that the oast of the insurance coverage so obtsined might sigrnficaotly caceod the cost of imursaoe that Borrower could have obtained. Any amounts dlebursod by Lender under this Section S shall become additional debt of Borrower secured byy this Security Instrument. These amounts *A bear interest at the Note rate from the date of diabutBement and shalt be payable. with such intermit, upon notice from Fender to Borrower requesting payment. All insurance policies required by header and renewals of such policies shall be subject to h ender'e right to dieepptove such polities, shall include a standard mortgage clause, and shall ame Leadet as mortgagee andlor as an additional lose payee. Leader shall have the right to hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to Lender alt receipts of paid premiums uA renewal notices. If Borrower obWV spy form of hm mss toverep, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy oball include a standard mortgage clause and shall name bender as mortgagee and* as an additional lose payee. In the event of lase, Borrower shall give prompt notice to the insurance carrier and bender. Lender may stake proof of lose if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lander. shall be applied to restoration or repair of the Property. it to restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lander shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such P to ensure the work has beta completed to Lender's satisfaction. provided that such ina;X shall be undertaken promptly. Lender may disburse proceeds for the ra and reatoration in a single payment or in a sedge of progress Payments as the work is calM1 red. Ualew as agreement is made in writing or Applicable Law roores Iota= to be psi on each insurance prooeods. Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pas tot paNic adjusters, or other third parties, retained by Borrower shall not be paid out of the iisatra'accc proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not econom?eally feaslbpe or Lender's security would be lesmened, the insurance pr cods "I be applied to the sums secured by this Security Instrument, whether or not than due. with the excess, If any. paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. It Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related ratters. If Borrower does not respond within 30 days to a notice from Lander that tho insurance carrier has offered to settle a claim. then Leader may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event. or if bander acquires the Property under Smctioa 22 or otherwise. Borrower hereby assigns to Liandar (a) Borrower's rights to any insurance proceeds in an amount cot to ascood the amounts unpaid under the Note or this Security instrument. and (b) any other of Borrower's rights (other tbaa the right to any teduud of unearned premiums paid by Borrower) under alt insurance policies covering the Property, insofar 0 such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either tD repair or restate the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy. establish, and use the Property so Borrower's p indp l rooldocce within roperty ass attar Bthe orrower's ?? of this Security Instrument and shall continue t occupy th principal residence for at least one year after the tnltldR -BA1PA1 rooou Pete r •, is m Fora 3039 1101 ON ! 74 7PG4205 10-29-'07 14:54 FROM-Premier Abstract 7175456163 T-365 P010/031 F-907 date of oecupsncy. unless Lender otherwise agrees in writing, which consent shall not be unreesonabty withheld, at usleas extenuating circumetaoess exist which an beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; rupectioos. Borrower shalt not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on tho Property. Whether or not Borrower is residing is the Property, Borrower "I inAiataln the Property in order to prevent the Property from deteriorating or decreasing in value due to ita condition. Unicas it is determined pursuant to Section S that repair or remrstion is not economically feasible, Borrower shall promptly repair the Property it damaged to avoid further deterioration or damage. U insurance or condemnation proceeds ate paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Licadec bas released proceeds for such purpaees. Loader may disburse proceeds for she repairs and restoration In a single psymeat or in a series of progress payments a the work is coaRpleted. If the insurance or condemnation proceeds we not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completloA of such repair or restoration. Leader or its agent may make ressomble entries upon and inspections of the Property. It it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lander aha11 give Borrower nodoe at ttue time of or prior to such an interior irrs melon specifying such reasonable cause. a. Borrower's Loss Application. Borrower W*U be in default if, during the Lou application p wass, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave rnatarially false. mWeadinngg, or inaecurate information or statements to Lender (or failed to vide Lander with auaterial Wormation) in connection with the Lean. Material rapa+eaangtions include, but are not limited to. representations concerning Borrower's o=psaet of the Property as Borrower's principal residence. 9. Proteation of Loader's Interest is the Property sad Rights Under this Security Instrument. It (a) Borrower tons to pedorm the covenants and agreements contained in this Secure Instrument, (b) theem is a legal proceedio that might significantly affect Landau's Interest in the Pt+operry and/or rights under We Security lasrsument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lion which may attain priority over this Security Instrument or to enforce laws or regulstioes). or (c) Borrower has abandoned the Property. then Lender may do and pay for whatever ns reasonable or approptiste to protect Lender's interest in the Properly and rights under this Security Instrument, including protecting and/or aeeee:ing the valve of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a Tian which has priority over this Security hotrumcat; (b) appearing in court; and (c) paying reasonable attorneys' fees th protect its interest in the Property and/or righte under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make reperre, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangemus conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lander does not have to do so and is not under any duty or obligation to do so. It is agreed that Lmder incurs no liabilipr fnr not taking any or all acdono authcrieod uadar this Cwti" 9. Any amounts disbursed by Lender under this Section 9 ells!! become additional debt of Borrower secured by thin Security Instrument. new amounts shall beer interest at the Note rate aAWAI MOM Mltlatx /? . •r ,. ?3,' Form 8038 1101 U 1747PG4206 10-29-`07 14:55 FROM-Premier Abstract 7175456163 T-365 P011/031 F-907 from the data of dlsbtuaerneat and shall be payable, with such ioternt, upon notice from Lander to Borrower rah g payment: If this Seaunty Instrument is on is leasehold, Borrower shell comply with all the provisions of the lesse. If Borrower acquires fee title to this Property, the leasehold and the fee title shall not map unless Lander agrees to the merger is It Mortgage Iasurence, It Lander reQtrired gage Insurance as a condition of malting the Loan, Borrower shall pay the premiums A gaired to rnacntala the Mortpp Iasumm in effect. If, for any reaaoa, the Mortgage Insurance coverage required by Lender cum to be available from the mortgagee inswer that previously provided such inaursaee and Borrower was required to malts separately "plated payments toward the premiums for ?e Insurance, Borrower shall pay the premiums roWnred to obtain eovexa subetantislly c ustom to the Moccga8c Insurance proviousiy is effect, at a cost oubsaatially equivalent to the cost to Borrower of the ItMUtaace previously is affect, from an alternate mortpp insurer selected by I? ge dai If subs wtiahiyy oquuvalent Mw-_4;s a Insurance coverage is act avulabla Borrower shall continue to pay to Leade• the amount of the separately tad payments that were due when the insurance coven ge sassed to be in effect. Loondar?acoept use and retain these payments se a aem-refund we loin reserve in lieu of ieneuraacl. Such ton reserve shall be non-refundable, notwithstanding the fact chat ft? is ultimatel paid in full, and Loader shall not be res0red to pay Borrower any interest or earnings on su? loss roast-,% Leader can no 1 require loss reserve payments if Mortgage Insurance co ga (in the amount and for the period that Leader requires) provided by an Iwirer sdarted by Lear again becomes available, is obtained, aril Lander reguiree tely dedpated payments toward the premiums for Mortgage 9 It Leader rNuir+ed Ortgaga Inae><aruce as a condition of snaking the Loan and Borrower required ex ake y de4pated payments toward thte premiums for da pprsyy *A premiums to" to maintain Mortgage IrAu ands; Insurance. Mortgage In efface, or to provide a non-raft dabla lose reserve, until I and 'a requirement for Mortggaa,??e Insurance ends in accordsaee with any written agreaaient between Borrower and Loader providing fa such termination or until termination Is ragtuired by Apptiexble Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the ratayrovided in the Note. Mortgage Insurance reimburses Lender (or an entity that purchases the Nerve) for certain looses it may incur if Borrower does not rem the Loan as agreed. Borrower is act a party to the Mostgtge Insurance. Mortgage insurers evaluate their total risk on all such insurance in fora from time to time, and may enter into agreements with other pme s that share or modify their risk, or reduce looses. Those agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agrearrtcow may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurances protnitnaa . As a result of these agras,, calm Leader, any purchaser of the Dote, soother insurer any reinsurar, any other entity, or any affiliate of an of the for!SpInI may receive (dirsRy or indirectly) amounts that derive from (or might be characterised sa) a portion of Borrowees Wants for Mortgage Iacurar ce, in a nhang! for sharing or modifying the mortpgo insurer's r or reducing losses. If such agreement provides that to affiliate of Lender takes a shave of the insurer's risk in emhanp for a share of flee premiums paid to the insurer, the arrangament is often termed "captive raiasu rance.• Further; (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage lieurance, or any other terms of the Luna. Such ag"rcaments will not increase the amount Borrower wilt owe for 1#4eertpge It?suraaee. and they will not entitle Harrower to any refund. (b) Any such agreements wilt not affect the rights Borrower has - if an - with respect to the Mortgage Insurance under the Homeowners Protection, Act of 199 or any enkisix O -BAfPA1 cocoa •.?. o ., ?e J W7 Fmen 3039 1141 8K 1747PG4207 10-29-`07 14:56 FROM-Premier Abstract 7175456163 T-365 P012/031 F-907 odlb r law. Thess righu may iaelude the right to raaelve certain diselasura, to request and obtais eaaoellatios of the Mortgage utsance. to.have the Mortgage Insurance terminated- eatomatically, aodlor to iiwive s rehad of any Mortg?aage Insurance 'is= cleat were useessed at the time of swab cancellation or torminatioa. It. Assigatanaat of Mlaeallauaous Proceeds; Porlaitwe. All Miscellaneous Proceeds are bate aa>i to asd ahdl be d to Lander. repair Property ;A NRieoa?lancous Proceeds stall be applied to restoration or of thus is d.mage , it the reatoration or repair is ecmomieallY f"bla and Lender's security is act lammaed. DurYSg mob re1wr and reatoraaan period. Lender shall have the tight to hold such 14K501110=01 Prroceeds utdif leader !us had in opQottutzity to iuapxcc sorb Fro+rty to rneirn the wort hat been emple ad to Undoes satisfaction, provided that such laspoctian shall be uiodaetatom proa?prtlr Lender may pay for the rs and restoration in a single disbursement or la • aeries of payments se the stork in completed. Unlasa as agreement is made in writing or im t: taut e+aquires interest to be paid on omb 1vGacellaukoa+ Proceeds, Lender dM act be required to pair Borrower any Merest or earnings on such 1fiseellaneous Proceeds. If *A nowation or tepa r is riot eooaoseie4ltyy feasible or Laiii a seautity would be lessened, the 1?6acellattaouts Proceeds shall be applied to due earns tueeut ed by this Secwity Iyaf rumaat, whether or not tbea due. with the caem if say,, paid to Borrower. Such Macallaneous Proceeds stall be roptied in tiro order provided for in Sxaon 2. Is the event of a total taking, deatnuctiort, or loss in valve of the Property, the Miscellaneous Prooaede shell be applied to the awns secured by this Security Instrumear, whether or not than duo, with the esoaea, zi any, to Borrower. partial taking destructim of toss in valve of the Property in which the fair ta the sweat o[ s aRuW value of the Pmperty? immediately before the partial tetan$$, destruction, or ions in value is 9to ac grater than the amount of the eume eocuuad by this ?ecity Instrument immediately ore ties partial takinx daawMicn, or low in value, unless Borrower and Fender otherwise awe in wnoin& the autos secured by We Security Instrument shall be reduced by the amount of tide sodlanenua Proceeds m ub iplied by the followi fraction: (a the total amount of the sums sawed imtaedaoety before the partial taking, destruction, or loss in valve divided by (b) the fair immediately helots the partial talt3rug, destnuctloa, or foss in value mettcat wine of the ftv Any balance shall be pen m wer. In the avant of a partial taking destruction, or loss in value of the Property is which the fair Intl Ni value ct the immedhtely before the partial taking, destruction, or loss in value is leas don the amount of the stuns secured imaeedisaly before the partial destruction, or lose, in value. unle® However and I..ader otherwiaa agree in writioj, the Misoeh Proceeds shall be applied to the sums soonvd, by this Security Instrument whether or not the sums are then dun T1 tilt Ptrttuarty in nlaikt Mil by Ann»war•, it. after malice by Lander to Aormwor :fiat ft Opposing Psrq (ss defined in the am sentence) offers to make as award to settle a claim for darns ee. Boes?ower fails to respond to Lender within 30 days after the date the notice is given, Laasd•r ,is authorized m eoVect and apply the IVfseexllatuous Proceeds either to restoration or repdr of the Pkolm or to the susrae secured by this Security Instrument. whether or not than dna "Opposing " means the third party that owes Borrower Mieoellaaeous Proceeds or the Bomwor has a tight of action in regard to Miscellaneous Proceeds. petty agueeet tvttona Borrower dish be in default it any action or prom ding, whether civil or criminal. is begun that, in Uoder'anent, could remit in forfeiture of the Property or other material irapairment of s intetmt in the Pcopprty or rights under this 3murity Instrument. Borrower an cute such a ddault and. if accelwrsteon has occurred, reinstate sa provided in Section 19. by the action ar coading to be dismissed with a ruling that, is Ladar's judgment, preolndes to enure of the Property or otbaur material impairment of Landoes interest in the Int11U? Nnim -fWAt weoo vqo w of to ? Roan 2089 1101 1)0&W 8KI747PG4208 10-29-`07 14:57 FROM-Premier Abstract 7175456163 T-365 P013/031 F-907 Prgtorty or rights tinder this Security hu"rumeru. Ths Qrdaroceeda of any award or claim for daroa gsMf that arc: attributable to the iraveirmna of LW We interest in the Pmr" earn h"% y an aradgaed d assort to pad to Lander. Aq lWiscd ineoui Proceeds that are sot applied to restorstlon or repair of the Property shall beapp1ied is the order provided for in Section Z IZ Borrower Not Ralessed; Forbearance By Lender Not a Waiver. Extansioa of the time for pap?mm or modiroostioa of amortiratiou of the sums aecured by this Security =:t0=dW by Lto Horra?rer or anmy Succassor to Interest of Borrower shed not lisbitiq of Borrower or y cornea in Inured of Borrower. Leader slashl not be required to commence p - r F P, i sup Moan any Successor in Interest of Borrower or to refusa to award time for pym4kat or athi wise modify amortindon of the awns secured by this Securit?r lioeeeuoaeat by ressm of say demand made by the orl;M Borrower or any Successors in Iateraat st Borrower. Any forbesranee by Leader In emrcie* any right or remedy including, witlwtut limitsaonr Leadses acceptance of from third persons, entities or Succonom in h avast of Sorrowsr or in smarts less than thin amount then due6 shalt not be a waver of or ptedude the esweise of my risk or remedy. 13. J4iat and Several Usti ty; Cosigners; Suocessore and Assigns Hound. Borrower Cowman" sad ar *A Borrower's obligations and lability Wolf be joint and several. However, 0 Baaet*vw whoa argsa this Security Instrument but does not a? eome the Note (a "co-eigner" ); Pis oaraigaio? We Sec why lnapvraant only to coo V. Smut sad convey the w-sigr?ar's Interest In tits l?rapo w under the terms of We Soo ty Instrument; (b} is not personally obligated to pay the muse secured by this Seeueatj? Inetrumenr and (e) agrees that Lender and any 06* Davoier can agree to sxtertd, modify. forbear or make any accommodations with regard to the corms of this Saaurigr Isstrunaant or the Note without the co-signers consent. SvbJact to the prowWoos of Section 18, any Successor in Interest of Borrower who assumes Ba rowees obligaskm under this 3oct attyy Instrument in wri ng, and is approved by Leader, shall obtain an of Borrower's rig* and baraerata under this Smudty Instrument. Banower shots not be released from Borrower's; obligations and liability under this SecuritT Instrument unless Leader a3teea to such reteses in writie-. 77a covemn and agreements of this Security Instrument eball bind (e v_W as provi6ed in Saefias 90) sat bow&% chic suceeseors and assigns of Lender. 14. 1rnAn Chkign Leader may chvp Bonowor foss for sarviees perfarmad ;a e64ex- t ,A, with Botrowa'a default, for the purpaseproteetiag Lertdeee Interest in this Property and rights velar this Security Insum ment. Inehtt b& but not United to, ettorneye fees. ?roFrty ¢nepecn ty and valuation fees. In regard to any other foes, the absence of express auttwnty la the secure Instrument to a ipwi fei to Domwer shall not be cootrued as a prohibition on the c ae ttg of axlahhffe?s. LeMw may sot charge f tUt are of ly pmbibitedd by this Security ias6Wfwat or by Appiioable Law. If the Loan Is subimt to a law which sets maximum loon charges, and that law is finally interpreted so that tans interest at other loan obw collected or to be colleoted in connertian whit the Loan exceed the permitted lirmita, thaw (aj?aay aieb loan charge ahall be reduced by the amount y ooaasas to softies *a charge to the permitted limit; and (b) any sums already wHected frost Dno im; ii which eaoeeded steed limits will be refined to Borrower. Leader may them to matte this refund by ualaagg the principal owed under the Now or by makiag a direct psy+aartt to Borrower. 1f a ratuad radttcos ad , the reduction will be treated as a partial pe+epa t without any prepaytmt char rwh or not a i eat chary is provided for ardor the Noto)• 8onbwar's acoapRUtoe o[ any curb rafuad mdirect payment m Borrower ZI modtuse a waiver of any right of action Borrower i t have arising out of such XIS. -Notices. All notion given by Borrower or Lender in conaootion with thie Security hatror:,eut most be is writing. Any ootico to Borrower is conneodon with this Security iAnnu ?T?••a Ck-Urn, anal an ?? •r ?? ??? Form 9039 1101 KK1747PG4209 10-29-'07 14:57 FROM-Premier Abstract 7175456163 T-365 P014/031 F-907 iAa~srt WAM Shall be deemed to have been Siven to Borrower when mailed by first dose mail or When actually delivered to borrolrees noties address U scant by outer means. Notice to any one Borrower dtall eoAelitute nadee to all Borrowers unkes Applicable Law expressly requires otherwian. The notice address shall be the P?qmty Address unless Bomwesr hoe designated a eAbstitute notice addm by notice to I Borrower shall pmmpt!j notify Lander of BOrMWo dtaago of address. If Deader specifies a procedure for reporting ijorrower's ehar?gee of address„ than Borrower Sub.given owl report a Change of addresss throe that specified procedure. Thane may be only roc address under We Security esat at any one time. AM ratios t0 Cordes, by deliverlog it or by mail:?ngg it by first class mail to Laafa's addreeas elated herein unless taWar has designated aeother address by notice to Boer awet Aqy aotleae in connection. with this Securittyy Iniuvatent shell not be deemed to have been given to Leader until actually received by Loader. If any notice raquired by this Security Instotment is also required under Applicable f,.aw, the Applicable Law regwrement will satisfy the .1 P.M n t under this Seoutittyy Instrument. 1 g Law; Serersbillty; Hnlsa of Construction. This Security In mment shall be governed by federal law and the law of the iunediation in which the Property is located. All night; and o dons contained in this Security Instrument are subject to any requirements and liaaitattiaoe of cable Law. Applicable Law might explicitly or implicitly allow the parties to egfee br Contract or it might be aleat, but such ?ence shall not be construed as a prohibition $doing arwow tt b! c?eotraot. In the event that any provision or clause of this Security fastrttatent e:s the Note conflicts with Applicable Law, such conflict shall not affect other provisiie w of this Security Instrument or the Note which can be given effect without the coamcft i used?inthi Security hnVusunt: (a) words of the masculine sender shalt mean and clot! mean aimtugdo the u words or words of the feminine gander; (b) words in ft singular pIwW and vice veres. and (e) the word "may" gives role discretion without city obiigadon to take say action. 17 1 oerewer'a Copy. Borrower shall be given one copy of the Note and of this Security ment I& Tr"" of the Property or a Beneficial Interest In Borrower. As used in this Section 1 'Interact in the Property" mesas aWr legal or bendicial interest in the Property, indUdin& but not limited to, those beneficial interests transferred in s bond for deed, contract for deed, installmaat sales contract or escrow agreement. the intent of which is the trander of title by Bornowar at a future gists to e 9 all or any part of the or arty Interest in the Property is sold or transferred (or if Bormwer is not a natural person and a benedicial interest in Borrower is sold or transferred) without LaWees prior trtitte? consent, Lander may require immediate payment is full of all mby this Scavity Iasorumce t. However. this option shell not be exercised by Lancer it 0 is prohliWted by Applicable Law. Linder eeeceisea this option, Lender shall give Borrower notice of acceleration. The notice shall provide a of not lase titan 30 days from the dates the notice is given in accordance with Seeder 13 within which Borrower must pay all :tuns secured by this Security insttvment. If Bet over rails to?+ y dicue sums prier to sLe eu ration of this period, I.ender may Invoke any eftne dies ppeMittod `by this 9ectnriey Instrument without further notice or demand on. Borrower. 19. Borrower's Ri t to Reinstate After Aesoeleration. If Borrower meets certain coodidow Borrower have the riot to have enforcement of this Security Instrument discontinoW at any time Ott the carhest of: a) five days before sale of the Property pursuant 20 Law mpwer of ode in this Security emt; (b) stash other od as Applicable ugh apathy for the urminstion of Borrower's right to reinetate;•or c antry of s ]udgment eafardng this Seurity Instrument. Those conditions are that Borrower. (a, pays Lastdesr all sums i?ie?NS .9'Lr?f UVAl W"M Noe +1 of is / Porn 3039 1101 BK!747PG4210 10-29-`07 14:58 FROM-Premier Abstract 7175456163 T-365 P015/031 F-907 which than would be due under this Security Instrument and the Note as if no acceleration had accursed; (b) cures any default of any other covenants oar agreements; (e) pays all aperuea incurred in enfortiag this Security Instrument, iacludiig, but act limited to. reasonable sttomeys' fees, paropeaKy iteednon and valuation toes, and other fees incurred for the purpose of protecting Lcn"s interest in the Nopot y and rights under this Security Instrument; and (d) takes such action as Lender may reasonably regtrlre to aseure that Lender's :merest in the Property ad rights under this Security Instrumest, and Borrow s 4bllt:otiaa t0 9AY the &IMP AIM30) by thin ch Socuntty >inegvrstem, strsil corstiave uaehange Lertdec may require that Eorcowac pay such reitnstatement Burns and caponees in one or errors of the following forme, as selected by Lender. (a)casl, (b) motley order; (c) eertilied check battle check, treasurer's chock or cashier's check, provieled any such check :s drawn upon an institution whole deposits are insured by a federal , enstrumeutslity or entity; or (d) 'Electronic Puads Transfer. Upon reinstatement by er. this Security Instr meat and obligations secured hereby shall remain fully effective as it no acceleration had occurred. However, We right to reinstate deli not apply in the cm of acceleration under $ccaon 18, 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (to?q with this Security Instrument) can be sold one or more times without prior notice to Borrowet. A sale might result in s change in the entity known se the "Loan Serviccr') that collects Periodic Payments due under the Note and this Se?ty Instrumeat and pnfotms odw mortgago loan aervietng obligations wader the Note. this Security Instrument. and Applicable Low. Thera also might be one of more changes of the Loan Servicer unrelated to a ache of the Note. It there is a change of the Loan Serviear. Borrower will be given written notice of the change which will state the name and address of the now Loan Scrvicer. the address to which peytneat8 sh"d bo made and any ratter intormadon RESPA requires is connection with a notice of trader of servicing. If the to is sold and thereafter the an is serviced by it Ima Servitor other than the purchaser, of the Note. the mortgage lawn servicing obligations to Borrower will remain with the Loan Servitor or be tranafarred to s successor Loan 3ervrcer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor bender may commence, join. or be Joined to any judicial action (as either an individual litiput or the member of a class) that arises from the other perwa actions pursuant to this Security Instrument or that alle that the other party has breached any ppr ovision of, or any duty owed by resew of, this Security Instrument, until such Borrower or l,eadeir has notified the other party (with such notice given in complisace with The requirements of Section 15) of such alleged breach and afforded the other Pam hereto a reasonable period after the giving, of amh notice to take corrective action.- It App a Law provides a tarns period which must dapae before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and oppoRUai to cure given to Borrower pursuant to Seetlosi 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and oppartustity to take corrective action provisions of this Section 20. A. Hazardous Svbstsnces. As used in this Section 21: (a) "Hazardous Substancee" are those substances detmed as toxic or hazardous substances, pollutants. or wastes by Environmental Law and the following substances: gaeoliae, kerosene, other flammable or toxic petroleusn prod , toxic pesticides and herbicides, volatile solvents. materials containing asbestos or of emWdM dc, and radioactive materials; (b) *Environmental Lave" moans federal laws and laws of the punsdrction where the Prop%V is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup" includes any reapoase action, remedial action. or removal action. as defined in Environmental Law; and (d) an Environmental Condition" means e condition that an cause, contribute to. or otherwise trigger an Bavimmental Cleanup. OL-OAiPAI cones rnkrUa1 ate! Page %3 0 to 010, Form 9059 1/01 BK 1747PG42 I I 10-29-'07 14:59 FROM-Premier Abstract 7175456163 T-365 P016/031 F-907 Borrower shall riot cause or permit the presp:1. rue, d' . sun p. or release of any Hazardous Substances, or threaten to release any Hazardods Sa cee. on or in The Property. Borrower aball not do. nor allow anyone else to do, anything affecting the Pro"Cly (6 that in in violation of any Environmental Law. (b) whicb erastes an Environmental Condition. nr (o) which. due to the presence, use, at release of a Hazardous Subetsm, creates a condition that adversely affects the value of the Property The precedias two sostCOCCS shall act aPPly to the presence. use, or stomps on the Property of small quantities of Hazardous Substances that are rm ly recognized to be appropriate to normal residential uses and to maintenance of the Property (ind"ng, but not limit d to. hazardous substances In consumer products). Borrower shall promptly give Lender written notice of (a) any inveettigetiOn. claim, demand. lawsuit or other action by any governmental of ragulawry ageoey or private party involving the Property acid any Mizardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Baviroarnental Condition, including but not limited to. say ep?Bing, leslcing, discharge. release or tbrest of release of any Hazardous Substance4 and (e) any condition cauecd by the praseem use or release of a Hazardous Substance which adversely effects the value of the Proparq. U Borrower learns. or is notified by any,goveratnental or regulatory authority, or any PKniverA party. Oat any ramovat or other reuaediatson of any Hazardous Substance, affecting the wi ironrn ' Law. Nothing hereind shall et?tea any yoblagati n cue, Leeds: for r an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender furtbor covenant and agree as follows. 22. Acceleration; Remedies. Lender shall jive notice to Borrower prior to aecelerstlon following Borrowees breach of any covenant or agreement in this Security Instrument Out not Prior to acceleration under Section 18 unless Applicable Law provides otherwise). Leader shall notify Borrower at. among other things: (a) the default; 4b) the action required to cure the default; In) when the default must be cured; and (d) that fsOure to cuts the default as specified maT result in acceleration of the sums secured by this Security Instrument foroWoaure by judicial proceeding and sale of the Property. Lender shall fwdm Doein Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nos-existence of a default or say other defense of Borrower to acceleration and foreclosure. U the default is not cured as specified. Lender at its option may require immediate payment in full of all sums secured by This Security Instrument without rurtner demand ana may torectose this Security Itestrament by judicial proceeding. Leader shall be entitled to collect all expenses incurred in pursuzag the cernedies provided is this Section 22, including. but not limited to, sttosusys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon psyment of all rime secured by this Seeutiiq lastrument, this Security Instrument and cite estate conveyed sball terminate and become void. After such occurrence, Leader shall discharge and satisfy this Security Instrument. Borrower shall ?sy any recordation costs. Lender may charge Borrower a fee for releasing this Security Ia truatent, but only it the fee is paid to a third party for services rendered and the charging of the foe is permitted under Applicable Law. 24. Waivers. Borrower, to the extent fitted by ApplicaMe Law, waives and re;JlCaseu any error or defects in proceedings to mforca this Security m and heroby waives the benefit of any preeeat or future laws providing for stay of enoees idon, a xtession of time, oscenption from attachment, levy and sale. and omestead awnption. 4WGWA) wmi* Iy, 14 Of _ t=e?wE 303" '/Ot NO 74 7 pG 4,212 a 4 t 10-29-'07 14:59 FROM-Premier Abstract 7175456163 T-365 P017/031 F-907 NFA2n. lts?aagtomoat POW. Borrower's time to reinstate provided In Section 19 "1 extend to am how ?? to-do oommeooement of bdddlnt at a sWI s sale or other sale pursuant to L 26. Pornluse Mom Mortga:e. If any of the debt secured by this security butrunmt is 1=9 to Bos%owov to segvire title to the property, this Security instrument shall be a purchase T/ . . Liamst Rate After Judgment. Borrower agrees that the interest rate payable after a =time engaged *q the Note or in an w:rkm of mortgage forw1osure shall be the rato payable morn ime tv time =der the Note. BY SIGNDTG BE W. Berrmw accepts and she to the terms and covenants contained in this Security instrument and in my Rider executed yb Borrower and rew4ed with it. WiLUNS as: ,/A,. ;,e. (Seal) Eosroaar STEPHANIE L. MILLER (SW) -Bortowsr Of v WAVU %- (seal) d 9 L. MILLER (SW) -Eartower (Sed) -Borrower (seal) -Borrows (Seal) -8orrowet p"D to so is (seal) =8orrooe.r Fwnt 3099 trot W 1747PG4213 1, t 10-29-`07 15:00 FROM-Premier Abstract 7175456163 T-365 P018/031 F-907 Certificate of Residence I, Nancy J. Turner , do hereby certify that the-correct address of the arithin-naffAd M0Ttgagec Ie 3893 A I RMAY 0R 1 VE . SANTA 1109A. CA 06403 Witam my hand thie 25th day of January, 2002 _V1 Aaast of M"agee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County 0: On this, the ZSth day of January, 2002 , before me, the undersigned ofCeef, Pereonslly aP?eared JAMES L. MI LLBR , STEPHANIE L. MILLER known to me (or satisfactodly proven) to be the parson(s) whose name(s) Islam aubaccibed to the within irmmmeot and saknowledRed that he 0p jMUW 1h0 %4mr fnr tha purpom hsrnin contained. IN WITNESS WIERfiOP. I hereunto set my hand and official neat. My Commission Expirca; NOrAPML SEAL NANCY J. TURNER, Naaq pd* MV ].; A ate,. 4az Nii, 891747PG4214 Notary Public This of Officm MI'doic JZA* has to of ,. /04-rl Form 3080 trot VERIFICATION (title), depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: Name: Washington Mu Title :/ Our File No: Loan No.: Borrower Name: 93582 8459546795 James L. Miller Zucker, Goldberg & Ackerman, LLC FRP-93582 p w v c? r ?c c? q SHERIFF'S RETURN - REGULAR CASE NO: 2007-06820 P -COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MILLER JAMES L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER STEPHANIE L the DEFENDANT , at 1704:00 HOURS, on the 3rd day of December , 2007 at 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 by handing to JAMES MILLER, HUSBAND 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 - ?/ 01 Sworn and Subscibed to before me this of 6.00 .00 .00 10.00 .00 16.00 day So Answers: R. Thomas Kline 12/04/2007 ZUCKER GOLDBA4.A By A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06820 P • COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MILLER JAMES L ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MILLER JAMES L DEFENDANT the at 1704:00 HOURS, on the 3rd day of December-, 2007 at 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 JAMES MILLER was served upon by handing to 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 0 1 Sworn and Subscibed to before me this So Answers: 18.00 4.80 .00 10.00 R. Thomas Kline .00- 32.80 12/04/2007 ZUCKER GOLDBERG A By: day D y Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, Plaintiff vs. James L. Miller; Stephanie L. Miller; CIVIL DIVISION No.: 07-6820 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 296 Old Stone House Road Carlisle, PA 17013 scatt a, okwe" Attorney for Plaintiff FILED ON BEHALF OF: Washington Mutual Bank Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa I.D.# 55650 Kimberly A. Bonner, Esquire Pa I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 -NEric Santos, Esquire Pa I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: FRP-93582 Zucker, Goldberg & Ackerman, LLC FRP-93582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank CIVIL DIVISION Plaintiff, NO.: 07-6820 vs. James L. Miller; Stephanie L. Miller; Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), James L. Miller and Stephanie L. Miller, husband and wife, in the amount of $269,295.61 which is itemized as follows for failure to file an Answer: Principal $256,501.41 Interest through 01/17/08 $10,490.92 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 87,07 Suspense Balance $-1,590.79 Total Fees $ 57.00 Total $269,295.61 plus interest on the principal sum ($256,501.41) from January 17, 2008, at the rate of $45.68 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mort d premises. By: S ott A. Diette squire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: FRP-93582 Zucker, Goldberg & Ackerman, LLC FRP-93582 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sc A. Die ,squire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Sworn to and subscribed before me This l7 7"- day of January, 2008 Notary Public My Commission Expires: M&MLORNM ~PUBf.IC Of IW ~ CORNY r. I'm IWIM11 Zucker, Goldberg & Ackerman, LLC FRP-93582 f r40 t td orat t E'iRllmu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank vs. James L. Miller Plaintiff, Defendant. CIVIL DIVISION NO.: 07-6820 IMPORTANT NOTICE TO James L. Miller 296 Old Stone House Road Carlisle, PA 17013 DATE OF NOTICE: 12/25/2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTIH 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 YOUR 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank Plaintiff, VS. James L. Miller Defendant. CIVIL DIVISION NO.: 07-6820 Alv'ISO INIPORTANTE TO James L. Miller 296 Old Stone House Road Carlisle, PA 17013 FECHA DEL AVISO:12/25/2007 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS WPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INNMI)IATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYERREFERR,,I. STRN'ICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: Scott a. Diettexiek Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533 -35 60 FIRST CLASS U. S. MAIL, POSTAGE PREPAID 93582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank vs. James L. Miller Plaintiff, Defendant. TO: Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 DATE OF NOTICE: 12/25/2007 CIVIL DIVISION NO.: 07-6820 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR B Y 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 YOUR LAWYER AT ONCE. IF YOU D O NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & L klkTFRREFFRP.41 SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank Plaintiff, vs. James L. Miller Defendant. TO: Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 FECHA DEL AVISO:12/25/2007 CIVIL DIVISION NO.: 07-6820 AVISO II!!IPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOM-AR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUhffiNTO IlQvIEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYERREFERR4.L SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: scatt a. Diettetia Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55550 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U. S. MAIL, POSTAGE PREPAID 93582 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06820 P ?y-? COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MILLER JAMES L ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER.STEPHANIE L the DEFENDANT , at-1704:00 HOURS, on the 3rd day of December , 2007 at 296 OLD STONE ROi7SF RnAn CARLISLE, PA 17013 JAMES MILLER, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: 01 R. Thomas Kline 12/04/20!z ZUCKER GC RMAN By: Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MILLER JAMES L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILLER JAMES L the DEFENDANT at 1704:00 HOURS, on the 3rd day of December 2007 at 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 by handing to JAMES MILLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit 00 Surcharge 10.00 .00 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/04/2007 ZUCKER GOLDBERG A By: D y Sheriff of A. D. + "' o O v °rf'? ? S CJ7 so IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION File No. 07-6820 WASHINGTON MUTUAL BANK, Amount Due $269,295.61 Plaintiff, Interest from 01/17/2008 to date of sale $14,891.68 vs. JAMES L. MILLER; STEPHANIE L. MILLER Costs Defendants. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list): and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: February 20, 2008 Signature: Print Name: Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Address: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 202567 201493 %uckci, GAdhorg & Ackerman, 1_.1.t;: !f 1 w As 00 4A d iEP ga T 00 6 V? O En o 00 00080 9-J n? z- C°? °- r- c-? C.•.1, n.. --i Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF,? 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING thereon erected a dwelling house being known and numbered as 296 Old Stone House Road, Carlisle, PA, 17013. BEING the same premises which Realand Inc., a Pennsylvania Corporation, by Deed dated October 1, 1999 and recorded November 18, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 211, Page 793, granted and conveyed unto James L. Miller and Stephanie L. Miller, husband and wife. Tax Map No.: 21-08-0573 Parcel No. 133 Zuckm Goldborg K Ackerman, L.i:..C FRP-()3552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, : NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 296 Old Stone House Road, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): JAMES L. MILLER AND STEPHANIE L. MILLER 296 Old Stone House Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: JAMES L. MILLER 296 Old Stone House Road Carlisle, PA 17013 STEPHANIE L. MILLER 296 Old Stone House Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WASHINGTON MUTUAL BANK Plaintiff 5 .F :?'ti "'S ?{"t ?x :?'Y..;?t t + ? f „ ? ?7 ?? ?..•^, .rGr... ^ J + r ry 4i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 07-6820 VS. JAMES L. MILLER; STEPHANIE L. MILLER; : Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 James L. Miller 296 Old Stone House Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller and Stephanie L. Miller, husband and wife ZuAer, Goldberg &' AlJxlsrisn, LLC 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a 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 Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland County. The petition must be served on the attorney for the creditor Zu k:er. Cu!) i? c:s! L, AA('rtn all' [A.C 7 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKEJ GOLDBERG & AC AN, LLC Dated: February 20, 2008 BY: I (A I A I P? Scott A. ietterick, uire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, C:ioidherg Ackcimait. 11C. FRY -`1:158' Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN, THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING thereon erected a dwelling house being known and numbered as 296 Old Stone House Road, Carlisle, PA, 17013. BEING the same premises which Realand Inc., a Pennsylvania Corporation, by Deed dated October 1, 1999 and recorded November 18, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 211, Page 793, granted and conveyed unto James L. Miller and Stephanie L. Miller, husband and wife. Tax Map No.: 21-08-0573 Parcel No. 133 'Lucke', Goldborg & Ackerman, LLC FRP-93532. "TA _ S LsJ ?- k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 Zucker. Ooldb rg & AG kcnman, LI-C t'R C'- 93 ?S:..' THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller and Stephanie L. Miller, husband and wife 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldbc'.rg & As: kainwi, !_LC F R 11 93 ?8. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & AC ERMAN, LLC Dated: February 20, 2008 BY: ('AA)j ?k- , Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker. Goldberg &:.Ackowa`i. LLC FR11 -9:358:'. Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING thereon erected a dwelling house being known and numbered as 296 Old Stone House Road, Carlisle, PA, 17013. BEING the same premises which Realand Inc., a Pennsylvania Corporation, by Deed dated October 1, 1999 and recorded November 18, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 211, Page 793, granted and conveyed unto James L. Miller and Stephanie L. Miller, husband and wife. Tax Map No.: 21-08-0573 Parcel No. 133 Zucker, Goldbag & Acke;nnan, LLC: FRP-93532 77- [' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6820 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JAMES L. MILLER and STEPHANIE L. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $269,295.61 L.L.$ 0.50 Interest from 1/17/08 to date of sale - $14,891.68 Atty's Comm % Atty Paid $167.80 Plaintiff Paid Date: 3/03/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Pr thonotary By: Deputy Name KIMBERLY A. BONNER, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 89705 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 07-6820 vs. Sheriff Sale #: JAMES L. MILLER; STEPHANIE L. MILLER; TYPE OF PLEADING Defendants. Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Washington Mutual Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Richard P. Haber, Esquire- PA I.D. #202567 Eric Santos, Esquire- PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office vuckerv-oldberu.com File No.: FRP- 93582/ml IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER Defendants Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Marie Lindner, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Washington Mutual Bank, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, James L. Miller and Stephanie L. Miller, are the record owners of the real property. 2. On or about 3/3/08, James L. Miller and Stephanie L. Miller, were served with Plaintiff s Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, via certified mail at the address of the mortgaged premises, being 296 Old Stone House Road, Carlisle PA 17013. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof 3. On or about 5/7/08, Plaintiffs counsel served all other parties in interest with Plaintiffs Notice of Sheriff s Sale according to Plaintiff s Affidavit Pursuant to rule 3129.1, via Zucker, Goldberg & Ackerman, LLC FRP-93582 First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff s Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: May 19, 2008 "-W lL?l MARIE LINDNER Paralegal Sworn to and subscribed before me this 19th day of May, 2008 N'otary Public MY COMMISSION EXPIRES: SARAH J. A NOTARY P11t3LC O `'_,?`?`.` `- ?, i I r My Commission Lc.,?u,? ? !, i Zucker, Goldberg & Ackerman, LLC FRP-93582 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FRP-93582 - ------------------------- - --------------------------------------- - 2. Article Number - - <--? COMPLETE THIS • • DELIVERY A. Received by (Please Print Clearly) §?pat?lDE?liy?ery C. Signature `?/6S vOY Agent 71.60 3901• 9845 4369 4357 X E] ?Addressee D. d very address different from item 1? ? Yes If S, enter delivery address below: No 3. Service Type CERTIFIED MAIL ------------ 4. Restricted Delivery? (Extra Fee) QYes 1. Article Addressed to: James L. Miller Reference information 296 Old Stone House Road Carlisle, PA 17013 93582 ML ` PS Form 3811, January 2005 Domestic Return Receipt 2. Article Number COMPLETE THIS SECTION ON DELIVERY A. Received by (Please Print Clearly) B: Date of Delivery C. Signature ' El Age I ?160 3901 9845 4369 4364 Z541 ?-U - YeS nessee s different from item l? delive addres D. I delivery If YES, enter delivery address below: Q No 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) Yes 1. Article Addressed to: Reference Information Stephanie L. Miller 296 Old Stone House Road 93582 Carlisle, PA 17013 PS Form 3811, January 2005 ML Domestic Return Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, : NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER; : Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 James L. Miller 296 Old Stone House Road ' • . . Carlisle, PA 17013 7160 3901 9845 4369 4357 TAKE NOTICE: mom • ' ? That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller and Stephanie L. Miller, husband and wife 2uLker, G„idbcr L A"konian. LLC FRP-1.359:1 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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 Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a 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 Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland County. The petition must be served on the attorney for the creditor No, ;5 ;: 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKEJ GOLDBERG & AC AN, LLC Dated: February 20, 2008 BY: Scott A. ietterick, quire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. ;'ticker, Guidiwcrg & Ac kci m tij, t.-t.{' FRP-9.3,59:% Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN COUNTY, STATE OF CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS L 793' iD# 21-08-0573-133, BEING KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC BY MIDDLESEX TOWNSHIP, SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER OT 9 AS SHOWN ON A PLAN OF LOTS BOARD ES SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 BE IN 1 HOOVER ENGINEERING DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN 7 1 PLAN 998 BOOK BY THE MIDDLESEX TOWNSHIP MORE FULLY DESCRIBED AS FOLLOWS, TO WIT; E OFFICE OF THE RECORDER OF 77 ON PAGE 128, AND BEING BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES ' 06 DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND B ROAD), THENCE BY LOT 8 OF SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE T SECONDS WEST A IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED DS E SUBDIVISION Y LOT 7 C THE AFOREMENTIONED MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON E OF 350.00 FEET TO AN 53 DEGREES, 1 AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SOUTH 37 SECONDS WEST A LOT DIST TAN N THE 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF PIN; ROBERT THENCE LINE & ST J. EDWARD 12018E NORTH 01 DEGREES, 4 H MINUTES, N 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 THE AFOREMENTIONED .,T CE OF , 00 SECONDS EAST A DISTANCE OF 260 FEET TO AN I .30 AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, NORTH 88 DEGREES, 15 MINUTES REFS, 53 MINUTES, O 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF THENCE INRON PIN; THENCE BY LOT 10 OF THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECOND C A POINT IN THE CENTERLINE OF RE (OLD STONE HOUSE ROAD) LONG AND AND PLACE OF THROUGH THE BEGINNING. 7.281 ACRES OF LAND AS SURVEYED. 8 EAST A DISTANCE OF 50.00 FEET HAVING thereon erected a dwelling house being known and numbered Road, Carlisle, PA, 17013. as 296 Old Stone House BEING the same premises which Realand Inc., a Pennsylvania Co dated October 1, 1999 and recorded November 18, 1999 in and for Cumberland Book Volume 211, Page 793 Counyr ennsyjvania,lin Deed husband and wife. granted and conveyed unto James L. Miller and Stephanie L. Miller Tax Map No.: 21-08-0573 Parcel No. 133 Zuckc', GoldbQ,, & Ackerman, LLC FRP-'?3,52 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, : NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER; : Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Stephanie L. Miller 296 Old Stone House Road • Carlisle, PA 17013 716Q 3901 9845 4369 4364 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 /ucher_ Goldberg & Ack?7inar?, t_?_C' THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller and Stephanie L. Miller, husband and wife 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: i . You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. /acKer. G A111,39 h Aekcnnan_ I_LC' V R P 93>,\- 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & AC ERMAN, LLC Dated: February 20, 2008 BY: Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PAID. #89705 Richard P. Haber, Esquire; PAID. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. ZuC.cr. GuIC1110 * h A: kLnnan. LI_C FRI' 935K, Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN STATE OF CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS 793, I MIDDLESEX TOW0EX TO 3, BEING KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER MNSHIP, SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7 ,1998 SHOWN ON A PLAN OF LOTS BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE ENGINEERING DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK BY 77 THE ON PAGE 1MIDDLESEX TOWNSHIP MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: OF THE RECORDER OF 28, AND BEING BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD)THENCE THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE BY LOT 8 OF SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE WEST A IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE OF 350.00 FEET TO AN AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS , 53 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT BY LOT 11 OF THE CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF WEST A DISTANCE OF IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 LINE & J. EDWARD MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; T 717 23 FEET TO AN AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS DEGREES, 15 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND HENCE BY LOT 10 OF THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST EAST A DISTANCE OF TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD AND PLACE OF THROUGH THE BEGINNING. 7.281 ACRES OF LAND AS SURVEYED. A DISTANCE OF 50.00 FEET HAVING thereon erected a dwelling house being known and numbered Road, Carlisle, PA, 17013. as 296 Old Stone House BEING the same premises which Realand Inc., a Pennsylvania Corporation, October 1, 1999 and recorded November 18, 1999 in and for Cumberland County, Penn, Book Volume 211, Pa e 793, by Deed dated husband and wife. g granted and conveyed unto James L. Miller and StephaniesL. Millern Deed Tax Map No.: 21-08-0573 Parcel No. 133 Zucker, Goldberg & Ackennan, LLC FRP_g3 32 EXHIBIT B Zucker, Goldberg & Ackerman, LLC FRP-93582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER; Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa R C P 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 UNKNOWN SPOUSE 296 Old Stone House Road Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 CARLISLE CEMENT PRODUCTS c/o Melissa K. Dively, Esq. 455 Phoenix Drive, Suite A Chambersburg, PA 17201 MID ATLANTIC CO-OP 230 Lincolnway East New Oxford, PA 17350 DRIEVKORE INC. P.O. Box 2004 Mechanicsburg, PA 17055 UNKNOWN TENANT OR TENANTS 296 Old Stone House Road Carlisle, PA 17013 AERO ENERGY NEW CUMBERLAND FEDERAL CREDIT UNION 345 Lewisberry Road New Cumberland, PA 17070 Zucker, Goldberg & Ackerman, LLC FRP-93582 93582D1004CO5072008P1 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE Carlisle, Pennsylvania 17013-3387 On 06/11/2008 at 10:00am, the following described real estate which James L. Miller and Stephanie L. Miller, husband and wife are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 296 Old Stone House Road, Carlisle, PA 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FRP-93582 93582D 1004C05072008P2 The said Writ of Execution has been issued on a judgment in the action of Washington Mutual Bank vs. James L. Miller Plaintiff Defendant at EX. NO. 07-6820 in the amount of $269,295.61 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER GOLDBERG & ACKERMAN LLC Dated: Ma 7 20 BY: Y 08 - -- Ai, /a - -/ ;17 Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC FRP-93582 93582D1004C05072008P3 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7,1998 BY THE BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OFITTHE RECORDER OFP DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING thereon erected a dwelling house being known and numbered as 296 Old Stone House Road, Carlisle, PA, 17013. BEING the same premises which Realand Inc., a Pennsylvania Corporation, by Deed dated October 1, 1999 and recorded November 18, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 211, Page 793, granted and conveyed unto James L. Miller and Stephanie L. Miller, husband and wife. Tax Map No.: 21-08-0573 Parcel No. 133 lu kct, Goldbere & Ackennan, ("RP-9312 V UNI TED STATES Certificate Of POSTAL SERVICER, Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS9 for mailing. This form maybe used for domestic and international mail. Frnm: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FRP-93582/ml T New Cumberland Federal Credit Union 345 Lewisberry Road New Cumberland, PA 17070 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICEft To pay fee, affix stamps or meter postage here. ,4 'N191 0 ? EDP) _ S?PIV's P?TQy, PITNEY BOMMS 02 1M $ 07.050 0004253133 MAY07 2008 MAILED FROM ZIPCODE 07092 Certificate Of Mailing t ms t-ertmcate of Madmg provides evidence that mail has been presented to USPSGD for mailing. This form may be used for domestic and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 f Carlisle Cement Products 455 Phoenix Drive, Suite A Chambersburg, PA 17201 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 FRP-93582/ml To pay fee, affix stamps{ /stage here. !^I y-- C?t\/ o PSIS PQS4 z ? PITNEY BOWES 02 1M $ 01.05° 0004253133 MAY07 2008 MAILED FROM ZIPCODE 07092 V UNITED STATES POSTII L SERVICE, •• -11.11 - ---% P--- evdence tnat mad has been presented to USPSOD for mailing. This form maybe used for domestic ! ?? and mtemational mail. From: Scott A. Dietterick, Esquire ?.?v c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 T Mid Atlantic Co-Op dba Aero Energy 230 Lincolnway East New Oxford, PA 17350 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES 84 POSTAL SERVICE Certificate Of Mailing To pay fee, affix stamps or meter postage here. FRP-93582/ml MiAY 0 ? 20M `1... L'i •v c.. il &QSEs RQS'r,? 5 Azz r.,? 7. • . PITNEY BOWES 92 'M $ 01.050 0.0,42531 ,4253133 MAY 07 2008 WILED FROM ZIPCODE 07092 Certificate of Mailing To pay fee, affa stamps or meter postage here. I ms Cerhticate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FRP-93582/ml T Drivekore Inc. P.O. Box 2004 Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 ee, N, ,•??Y. T i,`-f;?'y o Pies Po 64 • "`? PONEY BOWES "q02 1M $ 01.050 5. 0004253133 MAY07 2008 MAILED FROM ZIP CODE 0 7092 UNITED STATES Certificate Of POSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. Frnm: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 To pay fee, affu stamps or meter postage here. t1gil I ) 47 2M FRP-93582/ml `'f\r' T°: CUMBERLAND COUNTY TAX CLAIM BUf Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 mr-IT UNITED ST/1TES POSTAL SERVICE, C-91 kc, z 7 PITNEY BOWES 02 1M $ 01.05° 0004253133 MAY07 2008 MAILED FROM ZIP CODE 07092 Certificate Of Mailing To pay fee, affix stamps here. I his Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FRP-93582/ml COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 MAY Q ? 2G60 a Pf'es Psr o? wrNEY BowEs 02 1M $ 01.05° 0004253133 MAY07 2008 MAILED FROM ZIP CODE 0 7 0 9 2 V UNI TED ST13TES POSTAL SERVICEc Certificate Of Mailing To pay here. I ms I-enmcate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FRP-93582/ml CUMBERLAND COUNTY DOMESTIC RELA OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 af£tx s amps of r ?-'Ip-ljosag?e? 71 2k;"3 Vim. °r': •. Y?i ? , P06-71 19111?* 1191 o? PITNEY BOWES 02 1M $ 01.050/ 0004253133 MAY07 2008 MAILED FROM ZIP CODE 07092 PS Form 3817, April 2007 PSN 7530-02-000-9065 vl:i UNITED STATES POSTAL SERVICEg Certificate Of Mailing To pay fee, here. f? y? ????T*M1 ? rps or postage' a?C bs ? kg?N r »r r ms ?errmcate of Mading provides evidence that mail has been presented to USPS0 for mailing. This form may be used for domestic and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 r°` PA DEPT. OF REVENUE- INHERITANCE Ti Dept. 280601 Harrisburg, PA 17128-0601 PS Fonn 3817, Ap it 2007 PSN 7530-02-000-9065 FRP-93582/ml cbl 0 k" z PITNEY BOWES 02 1M $ 01.050 0004253133 MAY07 2008 MAILED FROM ZIP CODE 07092 UNITED STATES U Certificate Of AST/1L SE>?VICES J / I L` L t Mailing To pay fee s , here. ? t/ This Certificate of Mailing provides evidence that mail has been presented to USPS9 for mailing. This form may be used for domestic and international mail. Fr": Scott A. Dietterick Esquire r?I Q ? ????? c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 t -r- Mountainside, NJ 07092 FRP-93582/ml To: UNKNOWN TENANT OR TENANTS 296 Old Stone House Road Carlisle, PA 17013 P%- o Z e P 5 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 02 1N/I $01-050 00042531 33 MAY 072008 MAILED FROM ZIP CODE 0 7092 UNITED STATES Certificate ng , F 1Et ? V-?'POSTAL SERVICE, Mailing ,'f To pay f , afFix stamps or meter postage here. This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic A and international mail. r?"d' f From: Scott A. Dietterick, Esquire NA Y r`,j k. W c/o Zucker, Goldberg & Ackerman, LLC J' y „ 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FRP-93582/ml To: UNKNOWN SPOUSE p.'t-Alr 14- 296 Old Stone House Road Carlisle, PA 17013 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 PITNEY 60YYE5 01 02 1M $ 01.050 0004253133 MAY07 2008 MAILED FROM ZIP CODE 07092 Washington Mutual Bank In the Court of Common Pleas of vs Cumberland County, Pennsylvania James L. Miller and Stephanie L. Miller Writ No. 2007-6820 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 09, 2008 at 2020 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: James L. Miller and Stephanie L. Miller by making known unto Stephanie Miller personally and adult in charge for James at 296 Old Stone House Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2008 at 1538 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of James L. Miller and Stephanie L. Miller located at 296 Old Stone House Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants to wit: James L. Miller and Stephanie L. Miller by regular mail to their last known address of 296 Old Stone House Road, Carlisle PA 17013. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Kimberly Bonner. Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills R. Thomas Kline, Sheriff BY "J V l Real Estate S geant 30.00 23.56 15.00 15.00 .50 2.00 9.60 15.00 30.00 20.00 521.00 525.14 14.73 $1,221.53 ? q? r ?oSC), ., 2 Uo ?? - 5D Y 1 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 07-6820 vs. : JAMES L. MILLER; STEPHANIE L. MILLER Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 296 Old Stone House Road, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): JAMES L. MILLER AND STEPHANIE L. MILLER 296 Old Stone House Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: JAMES L. MILLER 296 Old Stone House Road Carlisle, PA 17013 STEPHANIE L. MILLER 296 Old Stone House Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WASHINGTON MUTUAL BANK Plaintiff Zucker, Croldberg 1, Ac+kcrmixi, LIC CARLISLE CEMENT PRODUCTS c/o Melissa K. Dively, Esq. 455 Phoenix Drive, Suite A Chambersburg, PA 17201 MID ATLANTIC CO-OP DBA AERON ENERGY 230 Lincolnway East New Oxford, PA 17350 DRIVEKORE INC. P.O. Box 2004 Mechanicsburg, PA 17055 4. Name and Address of the last record holder of every mortgage of record: WASHINGTON MUTUAL BANK Plaintiff NEW CUMBERLAND FEDERAL CREDIT UNION 345 Lewisberry Road New Cumberland, PA 17070 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 Locker, Goldbera S- Ackonian. LLt:' f'RP-` ,i5R2 A 10 UNKNOWN TENANT OR TENANTS 296 Old Stone House Road Carlisle, PA 17013 UNKNOWN SPOUSE 296 Old Stone House Road Carlisle, PA 17013 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of IS Pa.C.S. §4904 relating to unswom falsification to authorities. ZUCKE1t.0bLDBW &(ACKERMAN LLC Dated: February 20, 2008 BY' r F Scott . "ette 'c , Esqui ; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackoman, LLC; FR P-9358'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, vs. JAMES L. MILLER; STEPHANIE L. MILLER; Defendants. CIVIL DIVISION NO.: 07-6820 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 IexG.er, ttu dt??a: A. Aek?ain:ut. L I (: P, r, 93 ?s THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller and Stephanie L. Miller, husband and wife 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zeac er, (;`dboe cC :?ckarn?ei?, LLC 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDBERG & AC ERMAN, LLC '(AA 11 Dated: February 20, 2008 BY: Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. ._( Zuckor. Croldbug & Atkonnjn, 1.1 I Rr'_935h:' Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING thereon erected a dwelling house being known and numbered as 296 Old Stone House Road, Carlisle, PA, 17013. BEING the same premises which Realand Inc., a Pennsylvania Corporation, by Deed dated October 1, 1999 and recorded November 18, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 211, Page 793, granted and conveyed unto James L. Miller and Stephanie L. Miller, husband and wife. Tax Map No.: 21-08-0573 Parcel No. 133 ZuAL , Goidbag & Ackennan, 1.1-C FRP-935U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, : NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 James L. Miller 296 Old Stone House Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller and Stephanie L. Miller, husband and wife Guldbeig& A-kv ma ,, 1.1.C FRP 9"58'.) r 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a 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 Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKEJ GOLDBERG & AC AN, LLC Dated: February 20, 2008 BY: - I (A I A I r? Scott A. ietterick, wire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. li :ker, C-T ldd +^. & A 4 vijnaii, t t:(' FRI, Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING thereon erected a dwelling house being known and numbered as 296 Old Stone House Road, Carlisle, PA, 17013. BEING the same premises which Realand Inc., a Pennsylvania Corporation, by Deed dated October 1, 1999 and recorded November 18, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 211, Page 793, granted and conveyed unto James L. Miller and Stephanie L. Miller, husband and wife. Tax Map No.: 21-08-0573 Parcel No. 133 Luckm Goldberg & Ackcnnan, L.L..C FRP-93512. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6820 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JAMES L. MILLER and STEPHANIE L. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $269,295.61 L.L.$ 0.50 Interest from 1/17/08 to date of sale - $14,891.68 Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs Plaintiff Paid Date: 3/03/08 Pro onotary (Seal) By: REQUESTING PARTY: Name KIMBERLY A. BONNER, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Deputy Telephone: 908-233-8500 Supreme Court ID No. 89705 4 Real Estate Sale # 86 On March 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 296 Old Stone House Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13, 2008 sy: ?J®4 rwc Real Esta a Sergeant hfi .8 V q- W 0001 de` tfd 3?12l3HS 3H ` ? ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. (--LisMarie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY [My Commission Expires Apr 28, 2010 1AAL awwm Um 30. 86 Writ No. 2007-6820 Civil Washington Mutual Bank VS. James L. Miller and Stephanie L. Miller Atty.: Kimberly A. Bonner Exhibit "A" DESCRIPTION ALL that parcel of land in Town- ship of Middlesex, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 211, Page 793, ID# 21-08-0573-133, being known and designated as all that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identi- fied as Lot 9 as shown on a plan of late known as Pheasant Crossing pnpa?+ed for Realand, Inc., by Hoover Engineering Services, Inc., dated August 10, 1998, approved October 7, 1998 by the Middlesex Township Board of Supervisors, and recorded November 6, 1998 in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania in Plan Book 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 8 of the afore- mentioned subdivision South 37 de- grees, 53 minutes, 06 seconds West a distance of 524.95 feet to an iron pin; thence by Lot 8 and by Lot 7 of the aforementioned subdivision South 52 degrees, 06 minutes, 54 seconds East a distance of 350.00 feet to an iron pin; thence by Lot 6 of the aforementioned subdivision South 37 degrees, 53 minutes, 06 seconds West a distance of 691.59 feet to an iron pin; thence by Lot 11 of the aforementioned subdivision South 88 degrees, 15 minutes, 00 seconds West a distance of 127.18 feet to an iron pin; thence by land now or formerly of Robert Line & J. Edward Clouse North 01 degrees, 45 minutes, 00 seconds West a distance of 717.23 feet to an iron pin; thence by Lot 10 of the aforementioned subdivision North 88 degrees, 15 minutes, 00 seconds East a distance of 260.30 feet to an iron pin; thence by Lot 10 of the aforementioned subdivision North 37 degrees, 53 minutes, 06 seconds East a distance of 524.98 feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 de- grees, 05 minutes, 24 seconds East a distance of 50.00 feet to a point in the centerline of T-591 (Old Stone House Road) and place of beginning. Containing 7.281 acres of land as surveyed. HAVING thereon erected a dwell- ing house being known and num- bered as 296 Old Stone House Road, Carlisle, PA, 17013. BEING the same premises which Realand Inc., a Pennsylvania Cor- poration, by Deed dated October 1, 1999 and recorded November 18, 1999 in and for Cumberland County, Pennsylvania, in Deed Book Volume 211, Page 793, granted and conveyed unto James L. Miller and Stephanie L. Miller, husband and wife. Tax Map No.: 21-08-0573 Parcel No. 133. C he Patriot-News Co. • 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE che PNow you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to a ubscribed before me this 27 day of May, 2008 A.D. 0=4". 11_4? - 07 NotaryPublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrle L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 21110 Member, Pennsylvania Association of Notaries Reel some sale #49 Writ MD. 2W4420 CWN Term YIlaw*vw Mutual Bunk VS i ms L Miller and L Miner 1 ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, MD8 21-08-0573-133, BEING _KNOWN AND DFSIGNAIEDAS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, W., DATED AUGUST 10, 1998, APPROVED OCTOBER 7 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 19981N THE -OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53119NITTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMWIIONED:SUBDIVISION SOUTH 52 DEMM,-06 MIINUTES, 54 SECONDS EAST A DISTANCE OF 399.00 FEET TO AN IRON. 'PIN; THRfq BY LOT 6 OF THE AFORaniftN8D SUBDIVISION SOUTH 37 DEGREES, 53 NNUIFS, 06 SECONDS WEST A DISTANCE OF 69159 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 M NUTES, OD SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY,,-OF ROBERT LINE & J. EDWARD C_LOW NORTH 01 DEGREES, 45 MINUTES, - 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST ADISIANCE'6F 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF TEE AFORIIMItNTIONED SUBDIVISION NORTH 37 DEGREES, 53. MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POW IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50A0 FEET TO A POINT IN THE CENTERLINE OF T-591 (ODD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CQNTAINING 7.281 ACRES OF, LAND SURVEYED. HAYING thereon erected a dwelling house being town and numbered as 296 Old Stone House Road, Carlisle, PA, 17013. BEING the same premises which Realand-Inc., a Penosyl9ama Corporation, by Deed dated Octoba 1, 1999 and recorded November 18, 1999 in and for Cuibbefland , County, Pennsylvania m Deed Book Volume 211, Page 793, goofed and cNeyed unto James L. Miller and Stephanie L. Miller, husband and wife. Tax Map No.: 214)8-0573 Parcel No. 133. r".... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, Plaintiff, vs. JAMES L. MILLER; STEPHANIE L. MILLER ANN Old !Nwe HwaL Pd lisle, PA Defendants. 1-1013 TO THE PROTHONOTARY OF THE SAID COURT: File No. 07-6820 Amount Due $269,295.61 Interest from 01/17/2008 to date of sale $27,088.24 Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession, custody or control of the said (Indicate) Index this writ against the garnishee(s) as a lis pen( defendant(s) described in the attached exhibit. DATE: September 30, 2008 Signature: Print Name: Scott A. Kimberh/A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Address: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07'092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 202567 201493 Zucker, Goldberg & Ackerman, LLC FRP-93582 0 OW W ? D G "ems eta IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL, DIVISION Plaintiff, : NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 296 Old Stone House Road, Carlisle, PA 17013. Name and Address of Owner(s) or Reputed Owner(s): JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE 296 Old Stone House Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: JAMES L. MILLER 296 Old Stone House Road Carlisle, PA 17013 STEPHANIE L. MILLER 296 Old Stone House Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WASHINGTON MUTUAL BANK Plaintiff Zucker, Goldberg & Ackerman, LLC FRP-93582 Ar CARLISLE CEMENT PRODUCTS 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 MID ATLANTIC CO-OP DBA AERON ENERGY 230 LINCOLNWAY EAST NEW OXFORD, PA 17350 DRIVEKORE INC. P.O. BOX 2004 MECHANICSBURG, PA 17055 4. Name and Address of the last record holder of every mortgage of record: WASHINGTON MUTUAL BANK Plaintiff NEW CUMBERLAND FEDERAL CREDIT UNION 345 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 Zucker, Goldberg & Ackerman, LLC FRP-93582 r UNKNOWN TENANT OR TENANTS 296 Old Stone House Road Carlisle, PA 17013 UNKNOWN SPOUSE 296 Old Stone House Road Carlisle, PA 17013 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifigettf+etp to authorities. ZUCKER GOLMERO & MK,L M", LLC Dated: September 30, 2008 BY: ?? ? Scott A. Die Brick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC FRP-93582 cr% -0 33 rl A-4 Zo 10 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zucker, Goldberg & Ackerman, LLC FRP-93582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 07-6820 vs. James L. Miller; Stephanie L. Miller Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 James L. Miller 296 Old Stone House Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/05/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller; Stephanie L. Miller Zucker, Goldberg & Ackerman, LLC FRP-93582 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a 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 Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FRP-93582 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOL BERG & ACKE VLC n --?- Dated: September 30, 2008 BY' Scott A. Die Brick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FRP-93582 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zucker, Goldberg & Ackerman, LLC FRP-93582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 07-6820 vs. James L. Miller; Stephanie L. Miller Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse.Square, Carlisle, PA 17013 on 03/05/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 Zucker, Goldberg & Ackerman, LLC FRP-93582 r THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller; Stephanie L. Miller 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TRV E AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC FRP-93582 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the pet4iokto the Court. ZUCKER AGGAA CKE , LLC Dated: September 30, 2008 BY: Scott A. Dietterick, Esquire; PA I.D. 0 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FRP-93582 v EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zucker, Goldberg & Ackerman, LLC FRP-93382 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6820 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JAMES L. MILLER and STEPHANIE L. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $269,295.61 L.L. Interest from 1/17/08 to date of sale -- $27,088.24 Atty's Comm % Due Prothy $2.00 Atty Paid $1,410.83 Other Costs Plaintiff Paid Date: 10/16/08 ?#7 Prothonotary (Seal) By: REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 07-6820 vs. Sheriff Sale #: James L. Miller; Stephanie L. Miller Defendants. TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Washington Mutual Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Richard P. Haber, Esquire- PA I.D. #202567 Eric Santos, Esquire- PA I.D. #201493 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officeAzucker old doer i.com File No.: FRP- 93582/ml IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, NO.: 07-6820 VS. James L. Miller; Stephanie L. Miller Defendants. Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Marie Lindner, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Washington Mutual Bank, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, James L. Miller and Stephanie L. Miller, are the record owners of the real property. 2. On or about 10/18/08, James L. Miller and Stephanie L. Miller, were served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa. R.C.P. 3129, via certified mail at the address of the mortgaged premises, being 296 Old Stone House Road, Carlisle PA 17013. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about 12/31/08, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129. 1, via Zucker, Goldberg & Ackerman, LLC FRP-93582 First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: January 22, 2009 MARIE LINDNER Paralegal Sworn to and subscribed before me this 22nd day of January, 2009 Q- otary Public MY COMMISSION EXPIRES: Si R/`iH J. SPOTWOOD A NOTARY PUB[-!C OF NEW JERSEY My Commission Expi'oc: U ; / i 1^r; g / J Zucker, Goldberg & Ackerman, LLC FRP-93582 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, vs. James L. Miller; Stephanie L. Miller Defendants. CIVIL DIVISION : NO.: 07-6820 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL. PROCEDURE 3129 James L. Miller u ' 296 Old Stone House Road Carlisle, PA 17013 7160 3401 1648 1120 4367 ®? .r. TAKE NOTICE: J That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/05/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller; Stephanie L. Miller Zudw, ool& g & Ackerman, LL C FRP-93582 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE T11ViE AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a 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 Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Wdba z & Adcannan, LLC FRP-93582 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOL BERG & ACKE LC Dated: September 30, 2008 BY: Scott A. Die erick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PAID. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Adurnuz4 LLC FRP-93592 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT. 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 NIINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zudker, Goldberg & Ackerman, LLC FRP-93382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, CIVIL DIVISION NO.: 07-6820 vs. James L. Miller; Stephanie L. Miller Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF INTL PROCEDURE 3129 Stephanie L. Miller W03 296 Old Stone House Road Carlisle, PA 17013 M7 01 9848 1120 4394 TAKE NOTICE: i • That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse .Square, Carlisle, PA 17013 on 03/05/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS 0MMIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 Zudw, Goldberg & Ackerman, LW FRP-93582 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller; Stephanie L. Miller 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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 Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldlerg & Ackerman, LLC FRP-93382 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petitioato the Court. ZUCKER43WBERG.k ACKEft4AN. LLC Dated: September 30, 2008 BY, Scott A. Dietterick, EsquirePA I.D. 0 Kimberly A- Bonner, Esquire; PAID. #89705 Richard P. Haber, Esquire; PAID. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Aokmnan, LW FRP-93382 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 M[NUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN, THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN, THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zucker, Goldberg & Ackan=6 LLC FRP-93582 EXHIBIT B Zucker, Goldberg & Ackerman, LLC FRP-93582 POSTAL SEMM Scott A. Dietterick, Esquire 02 1M $ 01.100 r/o Zucker, Goldberg & Acllertnan, LLC 00042531 33 DEC 31 2008 200 Sheffield Strut, Suite 301 MAILED FROM ZIPCODE 01092 - Mountainside, N7 07092 FRP-93582/es U: UNKNOWN TENANT OR TENANTS Pik l4m 296 Old Stone House Road Carlisle, PA 17013 FS Form 3817, April 2007 PSN 7530.02-000.9065 UNITEDSM Z;INITE MTES'. Certa 4y POSH SOVM s TIUC.tl-a M.Lmp.rmu.as...sr.a b b- p-".USPMA.-6.{. M" m,n,rr b.m ?? 1A,s9.alsi W ?.....a..i..s. 7 $ 01A00 Scott A. Dietterick, Esquire 02 1M 0004253133 DEC31208 CIO Zucker, Goldberg & Ackarnlan, LLC - MAILED FROM ZIPCOOE 07022 200 Sheffield Street, Suite 301 Mountainside, NI 07092 FRP-93582/es n' CARLISLE CEMENT PRODUCTS Pommk.Hm 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 PS Form 3817, April 2007 PSN 7530-02-000.9065 t fi ,3 5 h ' UNITEDSTATES PUSUL SERVl & ,od'm1?Mi0.l.r. 11,1 . Scott A. Dieuerick. Esquire 1[l.pyfi 02 1M $ 01.10 c/o Zucker, Goldberg & Ackerman, LLC 00042 5 31 33 DEC 31 2008 200 Sheffield Sheet, Suite 301 MAILED FROM ZPCODE 07092 Mountainside, NJ 07092 FRP-93587Jes CUMBERLAND COUNTY TAX CLAIM BUREAU P.4-,klk. Cumberland County Courthouse One Courthouse Square _ Carlisle, PA 17013 PS Fan 3817, April 2007 PSN 7530-02-000-9065 UNffEDSTATES ' ?SOP49r POSTAL SERME. (L? r? mMce xI-orMiisrv*lw"? 1hdw.nh bM ps.s.anasreotr..s s7?4 ie.. 'Ry wmc..owEs „,W-d-l.? 02 1M $01-100 Scott A. Dietterlck, Esquire 0004253133 DEC 31 2008 0/0 Zucker, Goldberg & Ackerman, LLC MAILED FROM ZIPCODE 07092 200 Sheffield Street, Suite 301 Momltainside, NJ 07092 F".93582/es COMMONWEALTH OF PENNSYLVANIA P.O kH_ DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 FS Fan 3817, April 2007 PSN 7530.02400.9065 _ , f U VITW STATES' Cent epN POSTALSBWM TN CrJe,Maf lb bWMbdWL ilM R+,b bq NU A ?Imimwjgmr .b..? r^b' Scott A Dietterick, Esquire 02 IM $ 01.100 0 0042531 33 DEC 31 2008 c/o Zucker, Goldberg & Acke m i, LLC MAILED FROM ZIPCODE 07092 200 Sheffield Street, Suite 301 Mo=Wnside, NJ 07092 FRP-935SVes DRIVEKOREINC. PaiU-k H- P.O. BOX 2004 MECHANICSBURG, PA 17055 /?"-- !/ 1 PS Form 3817, April 2007 PSN 7530-02000.9065 C erti5cate Of ff&DMTB mwW LW ?AS rtl'swnbk?l? pwllbwVYr?tlnl ri WhbnArnNbU@b?bm?.Th'nh `?^? ^"' Scott A. Diattenck, Esquire ?? .o..= do Zucker, Goldberg & Ackerman, LLC 0 2 1M $ 01,100 0004253133 DEC31 2008 200 Sheffield Street, Suite 301 MAILED FROM ZIPCODE 07092 Mountainside, NJ 07092 FRP-93582les NEW CUMBERLAND FEDERAL CREDIT UNION 345 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 PS Farm 3817, April 2007 PSN 7530ffi400W5 UNffE©STATES Cer 400p k* MTAL ? 'IT4ewmlfWlliq oT'M. •rks. ??usih..ee N ?'?? • e.p .I n<r auafe?eriroiGq.n: Bt,,..ryM 02 1M Scott A. Dietterick, Esquire 0004253133 0j? ZO _ do Zucker, Goldberg & Ackerman, LLC MAILED FROM ZIPCODE 07092 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 _ FRP-93582/es n" PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION P..a,.,tHae Dept. 280601 Harrisburg, PA 17128-0601 PS Farm 3817, April 2007 PSN 7530-02-000-9065 1 ? ?, nwSTATES Certifi"t. nt N ""? wa u d ? f srw .. . bubm WWW11miftThmf- be (/ , ? ?` Scott A. Dietterick, Esquire My ? c/o Zucker, Goldberg & Ackerman, LLC 02 iM $ 01.100 200 Sheffield Street, Suite 301 0004253133 DEC31 2008 MAILED FROM ZIPCODE 07092 MotmWnside, NJ 07092 FRP-93582/es 1` CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE emmurk Ha! Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 S . PS Farm 3817, April 2007 PSN 7530-02400.9065 r LWEDSTATES Cer"a.". ru MM A'N W? RP / enlh sB M{O?RMarW pU9Sa1hWlvr.lN, hmouq Es ' W , RAVR Scott A. Dietterick, Esquire .own C/o Zucker, Goldberg & Ackerman, LLC 02 1M $01-100 200 Sheffield Street, Suite 301 0004253133 DEC 31 2008 MAILED FROM zp CODE 07092 Mountainside, NJ 07092 FRP-93582/es T` MID ATLANTIC CO-OP DBA AERON ENERGY Pomo.k Has 230 UNCOLNWAY EAST NEW OXFORD, PA 17350 PS Fpm 3917, April 2007 FSN 7530-02400.9065 LMITEV STATES' POML SWVK'& WkbrWwi?y¢ p wYwatlrw?i b6r rsrNb U"br-ftr (Le wnw. rrwn ^-? Scott A. Diettariek, Esquire 02 ,M $01-100 clo Zucker, Goldberg & Ackerman, LLC 0004253133 DEC 31 2008 200 Sheffield MAILED FROM ZACODE 07092 -'-.tut Mountainside, NJ 07092 FRP-93582/es n` UNKNOWN SPOUSE Pow-k H- 296 Old Stone House Road Carlisle, PA 17013 PS Fpm 3817, April 2007 PSN 753002-000-9065 A i r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, NO.: 07-6820 VS. James L. Miller; Stephanie L. Miller Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 UNKNOWN TENANT OR TENANTS 296 Old Stone House Road Carlisle, PA 17013 CARLISLE CEMENT PRODUCTS 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 MID ATLANTIC CO-OP DBA AERON ENERGY 230 LINCOLNWAY EAST NEW OXFORD, PA 17350 UNKNOWN SPOUSE 296 Old Stone House Road Carlisle, PA 17013 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 DRIVEKORE INC. P.O. BOX 2004 MECHANICSBURG, PA 17055 NEW CUMBERLAND FEDERAL CREDIT UNION 345 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 Zucker, Goldberg & Ackerman, LLC FRP-93582 93582D1004C12302008P1 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE Carlisle, Pennsylvania 17013-3387 On 03/05/2009 at 10:00am, the following described real estate which James L. Miller and Stephanie L. Miller, husband and wife are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 296 Old Stone House Road, Carlisle, PA 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FRP-93582 93582D1004C12302008P2 t I ' /' The said Writ of Execution has been issued on a judgment in the action of Washington Mutual Bank Plaintiff VS. James L. Miller, et al Defendant(s) at EX. NO. 07-6820 in the amount of $269295.61 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER GOLDBERG & ACKERMAN LLC ? Dated: December 30, 2008 BY: Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 Joel A. Ackerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC FRP-93582 93582D 1004C 12302008P3 r EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zucker, Goldwg & Ackerman, LLC F"93582 C? ?,. 4 _? ??, ,_; -; .. ?? _ , ` '} _., 4 M1 Washington Mutual Bank VS James L. Miller and Stephanie L Miller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-6820 Civil Term Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 22, 2008 at 1240 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: James L. Miller and Stephanie L. Miller, by making known unto Stephanie Miller personally and adult in charge for James L. Miller, at 296 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2009 at 1519 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James L. Miller and Stephanie L. Miller located at 296 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: James L. Miller and Stephanie L. Miller, by regular mail to their last known address of 296 Old Stonehouse Road, Carlisle, PA 17013. These letters were mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 26.10 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 9.00 Levy 15.00 Surcharge 30.00 Postpone sale 40.00 Law Journal 515.00 Patriot News 618.68 Share of bills 15.52 $ 1,331.30 S? e R. Thomas Kline, Sheriff BY Real Estate Coordinator n o ° i rr:._ a m .: cn Ln a'0-j co` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL, DIVISION Plaintiff, : NO.: 07-6820 vs. JAMES L. MILLER; STEPHANIE L. MILLER Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 296 Old Stone House Road, Carlisle, PA 17013. 1. Name and Address of Owner(s) or Reputed Owner(s): JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE 296 Old Stone House Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: JAMES L. MILLER 296 Old Stone House Road Carlisle, PA 17013 STEPHANIE L. MILLER 296 Old Stone House Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WASHINGTON MUTUAL BANK Plaintiff Zucker, Goldberg & Ackerman, LLC FRP-93582 CARLISLE CEMENT PRODUCTS 455 PHOENIX DRIVE, SUITE A CHAMBERSBURG, PA 17201 MID ATLANTIC CO-OP DBA AERON ENERGY 230 LINCOLNWAY EAST NEW OXFORD, PA 17350 DRIVEKORE INC. P.O. BOX 2004 MECHANICSBURG, PA 17055 4. Name and Address of the last record holder of every mortgage of record: WASHINGTON MUTUAL BANK Plaintiff NEW CUMBERLAND FEDERAL CREDIT UNION 345 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 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: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 Zucker, Goldberg & Ackerman, LLC FRP-93582 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 M[[NUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zucker, Goldberg & Ackerman, LLC FRP-93582 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 07-6820 vs. James L. Miller; Stephanie L. Miller Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 James L. Miller 296 Old Stone House Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 03/05/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller; Stephanie L. Miller Zucker, Goldberg & Ackerman, LLC FRP-93582 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackerman, LLC FRP-93582 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOL BERG & ACKE LC Dated: September 30, 2008 BY: Scott A. Die Brick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FRP-93582 EXRIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN, THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zucker, Goldberg & Ackerman, LLC FRP-93582 IN THE COURT OF COMMON PLEAS OF CUMBERLA14D COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 07-6820 vs. James L. Miller; Stephanie L. Miller Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Stephanie L. Miller 296 Old Stone House Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriff s Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse.Square, Carlisle, PA 17013 on 03/05/2009 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 296 Old Stone House Road, Carlisle, PA, 17013 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 07-6820 Zucker, Goldberg & Ackerman, LLC FRP-93582 THE NAME(S) OF THE OWNER(S) 'OR REPUTED OWNER(S) OF THIS PROPERTY ARE: James L. Miller; Stephanie L. Miller 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 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 Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387, THIS PAPER IS A NOTICE OF THE TRVIE AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC FRP-93582 2. After the Sheriffs gale; you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs 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 Cumberland 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petjtin to the Court. ZUCKER1GWBERG $: ACKEAMAN, LLC Dated: September 30, 2008 BY: Scott A. Dietterick, Esquire; PA I.D. 0 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FRP-93582 (908) 233-8500-,(908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FRP-93582 EXRIBIT "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 211, PAGE 793, ID# 21-08-0573-133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFIED AS LOT 9 AS SHOWN ON A PLAN OF LOTS KNOWN AS PHEASANT CROSSING PREPARED FOR REALAND, INC., BY HOOVER ENGINEERING SERVICES, INC., DATED AUGUST 10, 1998, APPROVED OCTOBER 7, 1998 BY THE MIDDLESEX TOWNSHIP BOARD OF SUPERVISORS, AND RECORDED NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 AND BY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.00 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES, 06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES, 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. Zucker, Goldberg & Ackerman, LLC FRP-93582 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-6820 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JAMES L. MILLER and STEPHANIE L. MILLER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $269,295.61 L.L. T Interest from 1/17/08 to date of sale -- $27,088.24 Atty's Comm % Atty Paid $1,410.83 Plaintiff Paid Date: 10/16/08 Due Prothy $2.00 Other Costs Prothono (Seal) By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 The Pa+rict-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 atr iot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: REAL ESTATE SALE NO. 49 01/21/09 Writ No. Ytll)74m Civil Tem, Washington Mutual Hank 01/28109 VS 02104109 James L. Miller and Stephanie L. Miller Attomey Scott Dtetterick LEGAL DESCRIPTION EXHIBIT" A" ALL THAT PARCEL OF LAND IN Sworn to and s? cribed before me this 25 dayof February, 2009 A.D. TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY C \ STATE OF PENNSYLVANIA. FULLY DESCRIBED IN DED BOOK02111, Notary Public PAGE 793; ID# 21-08-0573.133, BEING KNOWN AND DESIGNATED AS ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNS& CUMBERLAND COUNTY, PENNSYLVANIA, BEING IDENTIFiED'AS LOT 9 AS SHOWN ON A COMMONWEALT.z y? p `F PLAN OF LOTS KNOWN AS PHEASANT CNNSYLVAN;,,k Notal?al a CROSSING PREPARED FOR REALAND. 3i INC., BY HOOVER ENGINEERING Sherrie L. Kisrer Notary Public ? Harrisburg, Dauphin County SERVICES, INC., DATED AUGUST 10, 1998, L'ber APPROVED OCTOBER 7, 1998 BY THE mrrdssion Expires Noy 1 MIDDLESEX TOWNSHIP BOARD OF , UPERVISORS, AND RECORDED Pennsyiva.^,i< ooJatlon Of Nowles S NOVEMBER 6, 1998 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 77 ON PAGE 128, AND BEING MORE FULLY DESCRIBED AS FOLLOWS, TO WIT.. 151;(ANIUN6 AI' A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD); THENCE BY LOT 8 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 524.95 FEET TO AN IRON PIN; THENCE BY LOT 8 ANDBY LOT 7 OF THE AFOREMENTIONED SUBDIVISION SOUTH 52 DEGREES, 06 MINUTES, 54 SECONDS EAST A DISTANCE OF 350.0 FEET TO AN IRON PIN; THENCE BY LOT 6 OF THE AFOREMENTIONED SUBDIVISION SOUTH 37 DEGREES, 53 MINUTES, 06 SECONDS WEST A DISTANCE OF 691.59 FEET TO AN IRON PIN; THENCE BY LOT 11 OF THE AFOREMENTIONED SUBDIVISION SOUTH 88 DEGREES, 15 MINUTES, 00 SECONDS WEST A DISTANCE OF 127.18 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF ROBERT LINE & J. EDWARD CLOUSE NORTH 01 DEGREES, 45 MINUTES, 00 SECONDS WEST A DISTANCE OF 717.23 FEET TO AN IRON PIN; THENCE BY LOT 10 OF THE AFOREMENTIONED SUBDIVISION NORTH 88 DEGREES, 15 MINUTES, 00 SECONDS EAST A DISTANCE OF 260.30 FEET TO AN IRON PIN; THENCE BY LOT 19 OF THIN AFOREMENTIONED SUBDIVISION NORTH 37 DEGREES, 53 MINUTES,-06 SECONDS EAST A DISTANCE OF 524.98 FEET TO A POINT IN THE CENTERLINE OF T-591; THENCE IN ALONG AND THROUGH THE CENTERLINE OF T-591 SOUTH 52 DEGREES, 05 MINUTES; 24 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT IN THE CENTERLINE OF T-591 (OLD STONE HOUSE ROAD) AND PLACE OF BEGINNING. CONTAINING 7.281 ACRES OF LAND AS SURVEYED. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 296 OLD STONE HOUSE ROAD, CARLISLE, PA, 17013. BEING THE SAME PREMISES WHICH REALAND INC. A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 1, 1999 AND RECORDED NOVEMBER 18, . 1999 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA. IN DEED BOOK VOLUME 211, PAGE 793, GRANTED AND CONVEYED UNTO JAMES L. MILLER AND STEPHANIE L. MILLER, HUSBAND AND WIFE. TAX MAP NO.: 21-08-0573-133. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, CIVIL DIVISION Plaintiff, NO.: 07-6820 VS. James L. Miller; Stephanie L. Miller Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied. Respectfully submitted: ZUCKER, GOLDBERG & ACKERMAN, LLC BY: Dated: July 24, 2009 Scott A. Di erick, Esqu' e; P D.#55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Eric Santos, Esquire; PA I.D. #201493 Joel A. Ackerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FRP-93582/ka 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC FRP-93582 Ott: IT'llE, 2 009 Sui L 2 S All i 9 : f, 6