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HomeMy WebLinkAbout03-6007TON MUTUAL BANK, FA SUCCESSOR IN IN'izx. iST TO PNC MORTGAGE CORP. OF AMERICA Plaintiff vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. AND LAURA L. LUKENS A/K/A LAURA L. ORNDORF Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 03 - ? THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE RAN DEMANDADO A USTED, EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. AND LAURA L. LUKENS A/KJA LAURA L. ORNDORF, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST'CO PNC MORTGAGE CORP. OF AMERICA, Plaintiff VS. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. AND LAURA L. LUKENS A/K/A LAURA L. ORNDORF, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03 - ova, 0 7 ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665 MILWAUKEE, WISCONSIN 53201. 2. Defendant, GARY L. LUKENS A/K/A GARY L. LUKENS, JR., is an adult individual, whose last known address is RD4, BOX 4411, DUNCANNON, PENNSYLVANIA 17020. Defendant, LAURA L. LUKENS A/K/A LAURA L. ORNDORF, is an adult individual, whose last known address is 864 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. 3. On or about, June 29, 1999, the said Defendants, executed and delivered a Mortgage Note in the sum of $76,789.00 payable to PNC MORTGAGE CORP. OF AMERICA. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy, of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1553, Page 966 conveying to original Mortgagee the subject premises. Washington Mutual Bank, FA is Successor in Interest to PNC Mortgage Corp. of America. The Said Mortgage is attached hereto as Exhibit "A". 5. The land subject to the Mortgage is: 864 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on June 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $73,999.51 Interest at $16.21 per day $3,971.45 From 05/01/2003 To 12/01/2003 ( based on contract rate of 8.000%) Accumulated Late Charges $138.99 Late Charges $28.15 $225.19 From 06/01/2003 to 12/01/2003 Escrow Balance $540.76 Attorney's Fee at 5% of Principal Balance $3,699.98 TOTAL $82,575.88 "Together with interest at the per diem rate noted above after December 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($16.21 per diem), together with other charges and costs including escrow advances incidental thereto to the date of She ' s Sale and for foreclosure and sale of the property within described. By: PURCELL,KR & LER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) c? - -.. .: LER RECOP.J?". CiDEEDu "' CUtaBEiiL-ND COUNTY-'A j '99 AN 30 Pn 12 03 fleeced and Return To: PNC Hortuage Corp• Of America mcument Operations* 75 North Fairway Drive Vernon Hill., IL 60061 Parcel Number: IS,. Ale- 714r I3ve Far Reterdist Denl Commonwealth of Pennsylvania MORTGAGE Prepared By: glizlesth B Szezepaniak Bethel Park. PA 15101 NA l1. No. 441-6056387 lender g: 430004359 THIS MORTGAGE ('Security Instrument') is given on 9+? lA iq • `RR The Modgagm is Gary L Luke.. Jr and Laura L Orndorf, bo?rrnmarried se S..ent. by Hntiretia. ('B..,'). This Security hatmment is given to PHC Nertpap. Corp- of America, m Dhde Corporation which is organized end emitting under the laws of Ohio , and whose a fdtesis 7S North Pairway Drive Vernon Hill., IL 60D61 Mender"). Borrower owes Lender the principal sum of Seventy Six Thousand Seven Hundred lighty Hine and 00/100---------------- ------- ___--------- ------------------ _------------- Dollars (U.S. f 76, 789.00-------- -_). This debt is evidenced by BortowePe note dated the same date as this Security Instrument which Provides for man fly imymessm. with the full debt, if But paid earlier, due and payable on July 1, 2029 . This Security Instrument secure to Under: (a) the repayment of um debt evidenced by the Note, with interest, aM all renewals, extrusions and modifications of the Note; (b) the payment or all other sums, with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performarme FHA Parsid' nh Medaeee-4M ry4BIPAleme.o; N .oac... I.e.llr.1lCpla]1UN6? rW,ga I,M1:[ --7-0C wK1553ract.966 V I It G1 of Borrower's covenams and agreements under this Security Instruments and the Note. For this purpose, Borrower does bereby mortgage, grant and convey to the Lender the following described property locead in Ctmbaeland County, Pemsylvania: See Attached which his the address of 664 Reford Road, Camp Hill Ormst. CiryL Pemuylvania 17011 [2ip Cabe] ('Property Address'); TOGETHER WITH all the improvements now or hereafter erected on the property, stud all statements, .Menmancn W (butres now or hereafter • pan of the property. All teplaumeou and additions aWl elm be covered by this Security Instrument. All of dx foregoing is mferred to I. this Security instrument u the -Pmpeny.- BORROWER COVENANTS that Bonower is lawfully seized of the estate hereby conveyed and bas dx right to mortgage, grant end convey the property and that the Propury is unencumbered, except for encumbrancer of record. Borrower warrants and will defend generally the title to the property against all claim and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use end non-unifom covenant, with limited variations by jurisdiction to comtitue a uniform security Immune covering red property. Bremner and Lender covenant and agar as follows: UNIFORM COVENANTS. 1. Puymem of Principe[, Interest and Lade Charge. Borrower Nil pay when due the principal of, and interest m, the debt evidenced by the Note and lade charges due under the Note. 2. Monthly Payment or Taxer, Insurance and Other Charges. Borrower shall include in each mommy paymm, together with the principal and Interest se set forth in the Nore and my late charge, a sum for (a) taxes and special usmsmnts levied or to be levied ageism the Property. (b) huehold payments or grmsd rem un the Property, and (c) premium for insurance required under pmgreph 4. In my year in which the lamder met pay a mortgage iusue re, premium to the Secretary of Housing and Urban Development ('Secretary'), or in my year in which such Premium would have bend required if lender still held the Security Immmem, each monthly payment shall slue include either: (t) a mm for the an" mortgage immence premium to be paid by Leader to the Secretary, or (11) a monthly charge imead of a mortgage insurance premium if this Security Imntrnmt is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monWy Norge by the Secretary, rhea item am called "Escrow, hem- and the sum Paid to Lender are called "Escrow, Fends.' Leader my, at my de, collect and hold amounts for Escrow Item in an aggregate amount rot to second the mximum mount then my be required for Bormwer's rscmw account under the Real Essen Sediment Procedures Act of 1974, 12 U.S.C. Section 2601 n seq. and implementing regulations, 24 CFR Part 3500, as they my be amended from rte to than ('RESPA'), exceed that dx cushion or move permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's paymms are available in the account may not be based on amounts dux for the mortgage insurance premium. A4R(PA) nmoei ry, z a • u BOOK 15&4 PAM, 4967 Ir the wpounta held by lender for Escrow Item: eased the uootme; permitted to be held by RESPA, Lender shall scceunt on Borrower for the excess foods w required by RESPA, If the amounts of funds held by lender at any time are nos sufficient m pay [be Escrow Items when due, Lender may Mily the Borrower and require Borrower to make up the shortage a permitted by RESPA. The Psonew Funds are pledged w additional security for all arms secured by this Security Instrument. If Borrower washers; to Under the full payment of all such arms, Bormwei s account dull be credited with the balance remaining for all butailmant hares (a), (b), and (c) and any mungage immance, premium imtallmeot that Lender has nor become obligated to pay to the Secretary, and Wader shall promptly refund any excess funds to Borrower. ImmedWCty prior to a foreclosure de of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaWng for all installments fm items (a), (b), and (c). 3. Application of Payments. All payments under paraimplu 1 and 2 shall be applied by fender u follows: Find, on the mortgage insurance premium to be paid by Lender to the Secrvuy or to the monthly charge by the Secretary hmtvad of the monthly mortgage hourance premium; Second, to wry tares, special amesamrnts, leasehold payments or ground rents, and fire, flood and other hazard imuruxe premium, as required: Third, to journal due miler the Nom; Fourth, to amortlratim of the principal of the Note; and Fifth, to late charges due under the Noe. d. Fire, Flood and Other Banned Insurance. Borrower shall Wore all improvements on the Property, whether rmw in exisde are m subsequently soared, against my hmards, casualties, and contingencies, including fire, for which lender requires immune. This imurana shall be mintainred in the amounts and for the periods that Lend" requires. Borrower shall aim more all improvements on the Property, whether now in existence or subsequently erected, against has by floods to the extent required by the Secretary. All iuweram shall be carried with companies approved by lender. The insurance policies and arry renewals shall be held by lender and shall Include low payable clwua in favor of, and in a form acceptable to, Lender. In the event of lea, Borrower shall give lender immedlwe noire by mail. Lender may make proof of lens if out made promptly by Borrows. Each bounce comp" rumored is bereby authorized and directed to make Payment for such low directly m lender, imtad of to Borrower and to lender jointly. All or any pan of the insurance proceed may be applied by lender, w In option, either W to rise reduction of the Indebtedness under the Note and this Security Iudroment, fuss to arty delinquent amounts applied in the order in paragraph 3, and then to prepsyment of principal, or (b) an the remeratim or repair of the damaged Property. Any application of the proceeds to the principal shell not atmd or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amoent of such payments. Any exact mixture pseuds over an amount required m pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security lutmment or other transfer of till, to the Property that extinguishes the indebtedness, all right, title and interval of Borrower in and to insurance policies in force shall pan to the purchase. S. Occupancy, Preserotion, Maintenance and Protection or the Property;, Borrower's Leon Application; Leudrolds. Borrower shall occupy, establish, and un the Property w Borfwer's principal residence within sixty days after the exaction of this Security instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property w Borrower's principal residence for at last one year after the dam of occupancy, unless lender dsmenhe s that requirement will came undue hardship for Borrower, or unless extenuating eimermuses exist which are beyond Borrower's control. Borrower shall ratify Lender of my extenuating rhombuses. Burrower shall rot commit wale or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wee and tow excepted. Lender may inspect the Property If the Property is vacant or abandoned or the Ima is in default. Under may take reasonable action to protect and preserve such vacant or VPAatPAl newi.o, rw•aws imadY? BodgiS53fgcE BGS abandoned property. Borrower shall also be in default if Borrower, during the low application process, gave materially false or houseman, information or statements to Lender (or failed to provide Lender with my material information) in mmtection with the low evidenced by the None, including, but net limited to, cluzzentatiom concerning Borrower's occopuay of the Property m a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provision of the Icase. If Borrower acquires fan title to the Property, the leasehold and fee title shall M be merged unless !.elder agrees to the merger in writing. 6. Condemnation. The proceeds of airy awed or claim for damages, direct our commilaw ial, I. coursed. with my condensation or other muting of coy part of the property. or for conveyance in place of condemnation, arc hereby assigned and shell be paid to Lender to the extent of the full amowl of the indebtedness that remain unpaid ender the Note and this Security Instrument. Lender Nall apply such proceeds to the reduction of the indebtedness under she NOW and this Security Instrument, first to my delinquent amotsu applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds m the principal shall net extend or postpone the due time of the monthly payments. which are refereed to in paragraph 2. or change the amount of such payments. My excess proceeds over an amount required to pay all outstanding indebtedness under the NOW and this Smarty lasonswed shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fine end impositions that arc net Included in paragraph 2. Barrower shall pay time obligations on time directly to the entity which is owed the payment. If failure to pay would advemely affect lender's interest in the Property. upon Lender's requut Borrower shell promptly furnish to Lender receipts evidencing than payments. If Burrower falls to make them payments or the payments required by paragraph 2, or fails to perform my other commorma and agreements contained in this Secsity Instrument, or there Is a legal proceeding that may significantly affect Lende's rights in the Property (etch as a proceeding in barukmuptcy, for eondemmtim or to enforce lava or regulations), then Lander may do and pay whatever is necessary to protect the value or the Property and Lender's rights in the Property, including payment of [axon, hazard incurrence and other items mentioned in paragraph 2. Any amounu disbursed by lender under this paragraph shall biome an additional debt of Borrower and he secured by this Security rmtmmem. These amounts shall ben interest from the due of disbursement, m the Note rue, and u the option of Lends, shall be immediately due and payable. Borrower shill promptly discharge my line which has priority over this Security last rument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a mama acceptable to Lender; (b) contact in good faith the line by, or defends sgalast enforcement of the lien in, legal proceedings which in the lender's opinion operate to pmnm the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to lender subordinating the lien to this Security Instrument. If Lender dctemdnas that my pan of the property is subject to a Jim which may atmun Prl.tty over this Securiy Instrument. f.mder coy give Borrows a Mika identifying [he lien. Bunnower shall satisfy the lien or take one or come of the anions at forth above within 10 days of the giving of notice. S. Fen. Lender may collect fear and charges authorized by the Scerdary. 9. Grounds for Accelerati. or Debt. (a) Default. Under may, except as limited by regulations issued by the Secruary, in the case of payment defaults, require Immediate payment in full of all sums secured by this Security Innruntent if: (B Borrower defaults by failing to pay in fill my monthly payment required by this Security Instrument prior to or on the due data of the next monthly payment, or (ii) Bornower defaults by failing, for a period of thirty days, m perform my other obligations contained in this security ImtrumeN. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Semi. 341(d) Of the Gun-Sot German Dcpsodwry Institutions Au of 1982, 12 U.S.C. 1'/011-3(d)) and with the prior approval of the Setterary. require Immediate payment in full of all sums secured by this Security, htstrammt if.. -P4BIPA1 Hew, o, rp.a v • as B00Ki553 POOf..969 (1) All or pan of the Property, or a beneficial interest in a trust owning all on pan of the Property, Is sold or otherwise transferred (other than by devise or decent), and (if) The property is not occupied by the purchaser or grouse as his or her principal residence, or the purchaser or gramee doe an occupy the Property but his or her credit has cum been approved in acnrdance, with the requirements of the Semetsry. (U No Walver. If circumstance moor that would permit Lender to requite immediate payment in full, but lender does not requite such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations or HUD Secretary. In many circumstances regulatioas issued by the Secretary will limit Lender's rights, in the case of payment defaults, to "to Immediate payment in full and forceler if MH paid. This Security Wuvment don rent sunbathe enelamtion or foreclosure if tout permitted by regulations of the Seserary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note art rout datemdned ro be eligible fn Insurance under the National Housing Ad within 60 days from the date hereof, Lender may, M Its option, require immediate Payment in full of all sums secured by this Security Instrument. A written assessment of my anthmind agent of the Secretary dated subsequent to 60 days from the date hereof, declining w iosum this Security Instrument and the Note, shall be deemed conclusive proof of such Ineligibility. Notwithstanding the fineguing, this option may ant be excre sod by Lender when the unavailability of imurann is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Relmtalrmml. Borrower has a right to be mirmWed if lender but required immediate payment in full because of Borrower's failure to pay an amount due under the Nat or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To minatme the Security Instrument, Borrowes shall tender in a lump sum all amounts required to bring Borrower's common current including, to the extent they are obligations of Borrower under this Security Inetmmeat, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security instrument and the obligations that it semms shall remain in effect as if Lender had not required immediate payment in full. Howes, Lender is can required to permit reinstatement if: (i) Lender has accepted mimamment after the commenmment of Foreclosure proceedings within two years immediately preceding the rommurcemant of a current formulation proceeding, (11) mimtatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will edveruly street the priority of the lien created by this Security Instrument. 11. Borrower Net Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amordoeflen of the sums secured by this Security Instrument granted by Lender to my successor in interest of Bormwer shall not operate to release the liability of the original Borrower or Borrower's auccesror in interest. Lender shall not be required to commence proceedings against my successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Imtrumem by reason of my demand made by the original Burrower or Borrower's successors in lateral. Any forbearance by lender in exercising any right m comedy shall not be a waiver of or preclude the attention of eery right or m redy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signem. The covenmts and agreements of this Security Instrument "I bind and benefit des arxmrors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co.sigm this Security Imuu ram but does not eaecum the Noce: W is co-signing this Security Instrument only to mortgage, grant and convey tent Borrower's trustees In the property under the team of this Security Instrument; (b) is can personally obligated to pay the suns soured by this Security Instrument; and (c) agrees that Lends and any other Borrower may agree to extend, modify, forbear or make my accommndatiom with regard to the tams of this Security Instrument or the Note without that Borrower's cement. *A<AtPAI Oewl.m I.6Na yY1l, y^^{] BDOEiW?ACE .970 13. Notices. Any notice to Borrower provided fm in this Security Instrument Shall be given by delivering it or by mailing it by firm dam mail onleaa applicable law requires use of another method. The nice Shell be directed to the Property Address or my other address Borrower designates by notice to Lender. Any nice to lender Shill be given by first class mail to Under's address stated herein or my address Lender designates by nod= to Borrower. Any nice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. la. Oovernmg low; Severvbility. This Security Instrument mall be governed by Federal law and the law of the jurisdiction in which the Property Ls located. in the event that my provision or clause of this Secadry Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Nme which can be given effect without the maturing provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one confurmol copy of the Note and of this Security lmtmment. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of my Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of my Environmental Law. The preceding two semen shell not apply to the presen, use, w storage on the Property of small quantities of Hazudmu Substances that me generally recognized to be appropriate to normal residential uses and ta maintenance of the Property. Borrower shall promptly give Lender written entice of my investigation, claim, demand, lawsuit or other action by my governmental or regulatory agency or private party Involving the Property and my Hazardous Substance or Environmental Law of which Borrower has Sound knowledge. If Borrower lemur, or is notified by my govemmenml or regulatory authority, that my removal or other remediation of my Hazardous Substances affecting the Property is ne=uary. Ikorcmr shall promptly take all necessary remedial mile= in accordance with Environmental Law. As used in this paragraph 16, 'Hazardous Substances' arc thorn substances defined as toxic or hmardons Substances by Environmental Law and the following Substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile Solvents, materials containing asbestos a formaldehyde, and radioactive materials. As used in this Paragraph 16, 'Enviram=ntd law' mean federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or envirunmesual protection. NON-UNIFORM COVENANTS. Borrower and Lander further covenant and Agee as follows: 17. Assignment of plants. Borrower unconditionally assigns and transfers to Lender All the reuse and oven=s of the Property. Borrower amhorims lender or lender's agents to collect the ones and revenue, and hereby dirscu each tenet of the Property to pay the ones to Lender or lender's agents. However, prior to Leader's notice to Borrower of Borrower', breach of my revenant or, agreement in the Security Instrument, Borrower Sul collect and receive all rws and men as of the Property as trowee for the benefit of leader rail Borrower. This assignment of cats constimtu an abauime assignment and rat an assignment for additional security only. If Lender gives notice of branch to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only. to be applied to the smos seenrrA by the Security Ins mmma; (b) lender shall be entitled to collect and receive all of am rents of the Property: and (c) each mnant of the Property Mill Pay all ems due and unpaid to lender or Leader's agent on Lender's written demand to the tensrt. Borrower has rent executed my price assignment of the man and has not and will not perform my rat that would prevent Lender from exercising ins rights under this paragraph 17. Lender dull cam be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, leader or a judicially appointed receiver may do an at my time there is a breach. Any application of nuns shall rem core or waive my dehuk m invalidate my other right or remedy of lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. PP4WPAl loamlm ry,aers wi BooK1553rik BA 18. Foreclosure Procedure. If Lender requires immediate payment In full alder paragraph 9, Leader may fo,ecloe this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expemm incurred in pursuing the remedies provided In this paragraph 18, including, but not limited to, attorneys' fees „Wy+ and costs of title evidence. if the Lender's Interest In this Security Instrument Is held by the Secretary and the Secretary requires immediate payment I. full undo, Paragraph 9, the Secretary may Invoke the noNudWal poser M .In provided in the Single Family Mortgage Foreclosure Act of 1990 C'Actlp (12 U.S.C. 3751 d seq.) by requesting a foreclosure commissioner designated under the Ad to commence foreclosure and to sell the Properly a provided in the Act. Nothing in the preceding sentence .lull deprive the Secretary of any rights otherwise available to a Leader under this Paragraph 18 or applicable law. 19. Redeem. Upon payment of all sumo secured by this Security Instrument, this Security instrument and the mute conveyed shall terminate and become void. After such masrenot, Lender shall discharge and satisfy this Security Instrument without charge to Borower. Borrower shall pay any recordation cots. 20. War,.. Burrower, to the extent permitted by applicable law, waives and releaes any error or defects in proceedinga to enforce this Security teammem, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption been attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to re)nsme provided in paragraph 10 shall extend to one hour prior to the mmmmcement of bidding at a sheriffs sale or other side pursuant to this Security Instrument. 22. purchase Money Mortgage. If my of the debt secured by this Security Instrument is has to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Bonower agrees that the interest rate payable after a judgment is entered on the Note or in m action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Rider, to this Security Instrument. If one or more riders are executed by Burrower and recorded together with this Security Instrument, the coverts of each such rides shall be incorporated into and shall amend and supplement the cosconts and agreements of this Security Instrument a if the rider(s) were a part of this Security Inn ment. [Check applicable box(m)J. Cmdomidum Rider f}'?-1 Growing Equity Rides ? Other [specify) Planed Unit Development Rider L.J Graduated Payment Rider ?;PMFtPAI nww, eMr/e ,?,,,,[ ?( _ eddd553rha 972 BY SIGNING BELOW, Borrower sooepu surd agrees to the temps contained in this Security Imtmment and in any rider(s) executed by Borrower end rmorded with it. Wimww: // n / asry`{ILBRins r ?? .BOrmwer e- .G L.K VV tD 10. r (Seal) Lours s L Orvd oxf zl -BOrmwer (SW) (Seal) -6un.w.r -Bo..., (Seal) (Seal) -pone., .Bc,.w.r (Seal) (SW) -Borrower .Borrower CertlBwte r ResMmaC I, d0 mny Cerdry that the COrreet address of the W lthlu-named Lm r Ir 7 /?r/L(- ??a.(/?? -¢/?1<-T? (T'tLC.'O? GOO G/ Witness ter nand this .vva(7 9?[:F any or ?,Lr.,wt iV vy RRBIDRNI -COMIRR Aaem of lender ABRSRACf INC COMMONWEALTH OF PENNSYLVANIA, County ss: On this, R- 9 ?-A day of /?/?/?,tppp t? before me, Ra undersigned officer, personally appeared 1/ }q2 af?>ti-? (mown to me (or pemrn whose name R/K subscribed to the within instrument and s<knowledp uecmed the same for the purposes herein Wondered. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My coronation Expires: rpe.rort .r IaplpA) neoa.oi NCTANIAL SEAL CHERYL A SWARTZ. Nolary Publth Hanhbury, DaupNn County good553rm x973 My Cmnmissen Expires Apol 8, 2002 EXHISIT'A" ALL THAT CERTAIN lot or parcel of ground situate In East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots No. 19 and 19X, Block "M', on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feel in a northerly direction to the left, 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority, thence along same South 46 degrees 50 minutes East, 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block "M", aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West, 149.01 feel to a point, the place of BEGINNING. BEING Lot No. 19X, Block "M", on the Plan #19 of Ridley Park Homes, Inc., prepared by D. P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971 and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book "f', Volume 33, Page 1 In prior deed), and known and numbered as 864 Erford Road, Camp Hill, PA. 112322-1 State of Pvnnsylvanis County at Cumberland 86 An, ad in the ollice for the "'Co, ing vt Deeds vc eMt .,land County, inoVaT-_Page wiln s yhm loi of Carlisl , PA de .card BDOE1553rAgE B74 VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 11, 2003 Leon P. Haller, Esquire l? ?\ °? ?l V\ h ?? ?? ?? `,? ?; ,. '" ?? z„ ?, ?? - , r'. ?_ -C . J -.. SHERIFF'S RETURN - REGULAR CASE NO: 2003-06007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS LUKENS GARY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LUKENS GARY L AKA GARY L LUKENS JR DEFENDANT , at 1940:00 HOURS at 1800 CENTER STREET ENOLA, PA 17025 GARY L LUKENS 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 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this K k-i t- day of +L- d?fU3 A.D. t oiotary t? So Answers: R. Thomas Kline 12/11/2003 PURCEL L KRUG HALLEER By: Deputy Sheriff the on the 9th day of December , 2003 SHERIFF'S RETURN - REGULAR CASE NO: 2003-06007 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS LUKENS GARY L ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUKENS LAURA L AKA LAURA L ORNDORF the DEFENDANT , at 1820:00 HOURS, on the 9th day of December , 2003 at 11A RICHLAND LANE APT 202 CAMP HILL, PA 17011 by handing to LAURA LUKENS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this 7 day of OCn3 A.D. ro 0 otary V v? So Answers: R. Thomas Kline 12/11/2003 PURCELL KRU HALLER By: Deputy` S WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 GARY L. LUKENS A/K/A GARY L. LUKENS. JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF. MORTGAGE FORECLOSURE DEFENDANT(S) PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance $73,999.51 Interest $3,971.45 Per diem of $16.21 From 05/01/2003 To 12/01/2003 Accumulated Late Charges $138.99 Late Charges $225.19 ($28.15 per month to 12/01%2003) Escrow Deficit $540.76 5% Attorney's Commission $3,699.98 TOTAL $82,575.88 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HA By Leon P. aller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA.. PLAINTIFF Vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on January 13, 2004 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Hall ;rPA I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6007 vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR AND LAURA L. LUKENS A/K/A LAURA L. ORNDORF Defendants CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: January 13, 2004 TO: GARY L. LUKENS A/K/A GARY L. LUKENS, JR 1800 CENTER STREET ENOLA, PA 17025 LAURA L. LUKENS A/K/A LAURA L. ORNDORF I IA RICHARD LANE, APT 202 CAMP HILL, PA 17011 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 o ?^ G -v m z -ern N SJ? L r TI WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE RELIEF FROM STAY UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: GARY L. LUKENS and LAURA L. LUKENS Debtor WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA Movant VS. GARY L. LUKENS, LAURA L. LUKENS and MARKIAN R, SLOBODIAN, Trustee Respondents O R D E R BANKRUPTCY NO. 1-04-00493 CHAPTER 7 AND NOW, to wit, this ?qq-k day of /&6.4- , 2004, upon consideration of the Motion of Washington Mutual Bank, FA Successor in Interest to PNC Mortgage Corp. of America to Obtain Relief from Stay, it appearing to the Court that no Answer or response has been timely filed, the Motion is hereby granted and the automatic stay is terminated as to the Movant relative to property situate at 684 Erford Road, Camp Hill, Pennsylvania 17011. BY THE COURT: Mary D. France Bankruptcy Judge I?IG Aff` i i MAR 2 9 2004 I i &i , &A.- WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed y' L- befor?elme th_i ? day of20vY i? P i /? ? 7iotary P blic i NOTARIAL SEAL MARYLAND K. FERPETTI, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2006 LEON P. HALLER, ESQUIRE O 'J - Fn Cr+ n W O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 03-6007 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) Total Judgment Amount $82,575.88 Interest $4,538.80 Per diem of $16.21 to sale date 9/8/2004 Late Charges $253.35 $28.15 per month to sale date 9/8/2004 Escrow Deficit $2,000.00 TOTAL WRIT $89,368.03 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, September 08, 2004 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above Date: April 25, 2004 Attorney for Plaintiff 1719 North Front Street eon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: I To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 864 ER-FORD ROAD, CAMP HILL, PENNSYLVANIA 17011 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ert c ?' O P 4CG??G n o r O Ol N -r 77 r ?} O ALL THAT CERTAIN lot or parcel of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block "M", on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left, 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; thence along same South 46 degrees 50 minutes East, 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block "M", aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West, 149.01 feet to a point, the place of BEGINNING. BEING Lot No. 19X, Block "M", on the Plan #19 of Ridley Park Homes, Inc., prepared by D. P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book "T", Volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road, Camp Hill, PA. HAVING THEREON ERECTED A DWELLING KNOWN AS 864 ERFORD ROAD CAMP HILL, PENNSYLVANIA 17011 BEING THE SAME PREMISES WHICH Gary L. Lukens, Jr. and Laura L. Orndorf, now known as Laura L. Lukens, by deed dated 7/14/00 and recorded in Deed Book 225, Page 629, granted and conveyed unto Gary L. Lukens, Jr. and Laura L. Lukens. TO BE SOLD AS THE PROPERTY OF GARY L. LUKENS A/K/A GARY L. LUKENS, JR.AND LAURA L. LUKENS A/K/A LAURA L. ORNDORF ON JUDGMENT NO. 03-6007 ASSESSMENT NO. 09-17-1044-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6007 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff (s) From GARY L. LUKENS A/K/A GARY L. LUKENS, JR. - LAURA L. LUKENS A/K/A LAURA L. ORNDORF, (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 $82,575.88 L.L. $.50 Interest $4,538.80 - PER DIEM OF $16.21 TO SALE DATE 9/8/2004 Arty's Comm % Due Prothy $1.00 Arty Paid $146.01 Other Costs LATE CHARGES $28.15 PER MONTH TO SALE DATE 9/8/04 - $253.35 --- ESCROW DEFICIT $2,000. Plaintiff Paid Date: APRIL 27, 2004 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonot/arr Rv: . .C- ?rQ/li Piro Deputy WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 864 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011: Name and address of the Owner(s) or Reputed Owner(s): GARY L. LUKENS A/K/A GARY L. LUKENS, JR. 1800 CENTER STREET ENOLA, PA 17025 LAURA L. LUKENS A/K/A LAURA L. ORNDORF I l-A RICHLAND LANE APT. #202 CAMP HILL, PA 17011 GARY L. LUKENS A/K/A GARY L. LUKENS, JR. R. D. #4, Box 4411 Duncannon, PA 17020 LAURA L. LUKENS A/K/A LAURA L. ORNDORF 12 RICHLAND LANE APT. #8 CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Chase Manhattan Bank, Trustee c/o Residential Funding Corporation 1301 Office Center Drive - Suite 200 Fort Washington, PA 19034 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants if any ... DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 400 So. State Road Marysville, PA 17053 i (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) 1 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 mubject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorif Leon P. Haler PA T.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 n ? o ?_ r TI Rllr O -rl rr, O WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 864 ERFORD ROAD CAMP HILL, PENNSYLVANIA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-6007 JUDGMENT AMOUNT $82,575.88 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or parcel of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block "M", on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left, 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; thence along same South 46 degrees 50 minutes East, 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block "M", aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West, 149.01 feet to a point, the place of BEGINNING. BEING Lot No. 19X, Block "M", on the Plan #19 of Ridley Park Homes, Inc., prepared by D. P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book "T", volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road, Camp Hill, PA. HAVING THEREON ERECTED A DWELLING KNOWN AS 864 ERFORD ROAD CAMP HILL, PENNSYLVANIA 17011 BEING THE SAME PREMISES WHICH Gary L. Lukens, Jr. and Laura L. Omdorf, now known as Laura L. Lukens, by deed dated 7/14/00 and recorded in Deed Book 225, Page 629, granted and conveyed unto Gary L. Lukens, Jr. and Laura L. Lukens. TO BE SOLD AS THE PROPERTY OF GARY L. LUKENS A/K/A GARY L. LUKENS, JR.AND LAURA L. LUKENS A/K/A LAURA L. ORNDORF ON JUDGMENT NO. 03-6007 ASSESSMENT NO. 09-17-1044-001 n N O C7 t ? r- Mr- :AD J _ ? T?p : .. Ill t7 W ?rj WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF V& GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE RETURN OF SERVICE 1 hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on A& 'j?q , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: GARY L. LUKENS A/K/A GARY L. LUKENS, JR. 1800 CENTER STREET ENOLA, PA 17025 LAURA L. LUKENS A/K/A LAURA L. ORNDORF 11-A RICHLAND LANE APT. #202 CAMP HILL, PA 17011 GARY L. LUKENS A/K/A GARY L. LUKENS, JR. R. D. 44, Box 4411 Duncannon, PA 17020 LAURA L. LUKENS A/K/A LAURA L. ORNDORF 12 RICHLAND LANE APT. #8 CAMP HILL, PA 17011 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Chase Manhattan Bank, Trustee c/o Residential Funding Corporation 1301 Office Center Drive- Suite 200 Fort Washington, PA 19034 Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 400 So. State Road Marysville, PA 17053 By ,s PURL UG &. HALLER Atto s for PlaintifjF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON IS HALLER JOHN W_PURCELI_JR. JILL%I WINE% 13RIAN J. TYLER NI('I TOLE V9_ SI ALEY () GORMAN ?u? ?? tab"( 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 GARY L. LUKENS A/K/A GARY L. LUKENS, JR. 1800 CENTER STREET ENOLA, PA 17025 LAURA L. LUKENS A/K/A LAURA L. ORNDORF 11-ARICHLAND LANE APT. #202 CAMP HILL, PA 17011 GARY L. LUKENS A/K/A GARY L. LUKENS, JR. R. D. #4, Box 4411 Duncannon, PA 17020 LAURA L. LUKENS A/K/A LAURA L. ORNDORF 12 RICHLAND LANE APT. #8 CAMP HILL, PA 17011 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Chase Manhattan Bank, Trustee c/o Residential Funding Corporation 1301 Office Center Drive - Suite 200 Fort Washington, PA 19034 Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 400 So. State Road Marysville, PA 17053 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910.1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure .3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Wirit of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any?eing notified of said Sheriffs Sale. By:- ?I Y. Haller PA I.D.15700 nev for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 864 ERFORD ROAD CAMP HILL, PENNSYLVANIA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-6007 JUDGMENT AMOUNT $82,575.88 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU IT MAY CAUSE YOUR PROPERTY TO BE HELD 7r0 BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I . You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or parcel of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block "M", on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left, 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; thence along same South 46 degrees 50 minutes East, 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lots Nos. 19 and 19X, Block "M", aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West, 149.01 feet to a point, the place of BEGINNING. BEING Lot No. 19X, Block "M", on the Plan #19 of Ridley Park Homes, Inc., prepared by D. P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book "T", Volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road, Camp Hill, PA. HAVING THEREON ERECTED A DWELLING KNOWN AS 864 ERFORD ROAD CAMP HILL, PENNSYLVANIA 17011 BEING THE SAME PREMISES WHICH Gary L. Lukens, Jr. and Laura L. Orndorf, now known as Laura L. Lukens, by deed dated 7/14/00 and recorded in Deed Book 225, Page 629, granted and conveyed unto Gary L. Lukens, Jr. and Laura L. Lukens. TO BE SOLD AS THE PROPERTY OF GARY L. LUKENS A/K/A, GARY L. LUKENS, JR.AND LAURA L. LUKENS A/K/A LAURA L. ORNDORF ON JUDGMENT NO. 03-6007 ASSESSMENT NO. 09-17-1044-001 WASHINGTON MUTUAL [SANK, FA v. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF Cumberland County Sale 9/8/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form_ 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: GARY L. LUKENS A/K/A GARY L. LUKENS, JR. 1800 CENTER STREET ENOLA, PA 17025 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to; Postnark LAURA L. LUKENS A/K/A LAURA L. ORNDORF I1-A RICHLAND LANE APT. #202 CAMP HILL, PA 17011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller Postage: 1719 North Front Street ` Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 C0-ESPQ 4 p.Mom (th, b s, NE. s 02 1,4 $ 00.90 0004338187 JUL 29 2004 t MAILED FROM ZIPCODE 1 71 02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING_ (In compliance with Postal Service Form 3877) Received from: Purcell, King & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 400 So. State Road Marysville, PA 17053 Postmark: 9~P'? P 10, OztA $019800 0004338187 MAILED FROM ZIP RODE 1 710 2 n o -? .r- v 1:. r.. i'fl y QJ s N n g ? n ry X COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Washington Mutual Bank F A is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 27th day of April, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6007, at the suit of Washington Mutual Bank F A against GM L Lukens aka GM L Jr & Laura L aka Laura L Orndorf is duly recorded in Sheriff's Deed Book No. 265, Page 4646. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a day of A.D2004 er of Deeds Washington Mutual Bank, FA successor In interest to PNC Mortgage Corp. of America VS In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003•-6007 Civil Term Gary L. Lukens a/k/a Gary L. Lukens, Jr. And Laura L. Lukens a/k/a Laura L. Orndorf Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 22, 2004 at 11:15 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gary L. Lukens a/k/a Gary L. Lukens, Jr., by making known unto Gary L. Lukens, personally, at 1800 Center Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on August 02, 2004 at 4:49 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Laura L. Lukens a/k/a Laura L. Orndorf, by making known unto Laura L. Lukens, personally, at 12B Richland Lane, Apt. F8, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2004 at 8:50 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gary L. Lukens a/k/a Gary L. Lukens, Jr. and Laura L. Lukens a/k/a Laura L. Orndorf located at 864 Erford Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Gary L. Lukens a/k/a Gary L. Lukens, Jr., by regular mail to his last known address of RD #4, Box 4411, Duncannon, PA 17020. This letter was mailed under the date of August 3, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Laura L. Lukens a/k/a Laura L. Orndorf:, by regular mail to her last known address of 12B Richland Lane, Apt. F8, Camp Hill,, PA 17011. This letter was mailed under the date of August 3, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Washington Mutual Bank, FA Successor in Interest to PNC Mortgage Corp. of America. It being the highest bid and best price received for the same, Washington Mutual Bank, FA, Successor in Interest to PNC Mortgage Corp. of America of P.O. Box 1169, Dept. 2665, Milwaukee, WI 53201, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $920.10. Sheriff s Costs: Docketing $30.00 Poundage 18.58 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 33.30 Levy 15.00 Surcharge 30.00 Law Journal 335.15 Patriot News 319.06 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 947.58 Sworn and subscribed to before me So Answers: ^. This -),B day of e ??? R. Thomas Kline, Sheriff 2004, A.D.?, QCc.-, ) -? ?Q Prothonotary BY JD „ y( ty% Real -Estate (deputy P C,h- WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF vs. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 864 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011: Naive and address of the Owner(s) or Reputed Owner(s): GARY L. LUKENS A/K/A GARY L. LUKENS, JR. 1800 CENTER STREET ENOLA, PA 17025 LAURA L. LUKENS A/K/A LAURA L. ORNDORF 11-A RICHLAND LANE APT. #202 CAMP HILL, PA 17011 GARY L. LUKENS A/K/A GARY L. LUKENS, JR. R. D. #4, Box 4411 Duncannon, PA 17020 LAURA L. LUKENS A/K/A LAURA L. ORNDORF 12 RICHLAND LANE APT. #8 CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Chase Manhattan Bank, Trustee c/o Residential Funding Corporation 1301 Office Center Drive - Suite 200 Fort Washington, PA 19034 Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has a:?y record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants if any ... DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 400 So. State Road Marysville, PA 17053 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, infonnation and belief. I understand that false statements herein are read ubject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorit' Leon P. Ha ler PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 2344178 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-6007 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 864 ERFORD ROAD CAMP HILL, PENNSYLVANIA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-6007 JUDGMENT AMOUNT $82,575.88 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GARY L. LUKENS A/K/A GARY L. LUKENS, JR. LAURA L. LUKENS A/K/A LAURA L. ORNDORF A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govermnental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Infonnation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE : 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rile must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or parcel of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block "M", on said plan; thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in a northerly direction to the left, 68.48 feet to a point at the westerly line of land now or late of the East Pennsboro Township Authority; thence along same South 46 degrees 50 minutes East, 198.00 feet to a point; thence South 43 degrees 10 minutes West, 40.00 feet to a point at the dividing line between Lofts Nos. 19 and 19X, Block "M", aforesaid; thence along said dividing line and through the center of a partition wall and beyond North 46 degrees 50 minutes West, 149.01 feet to a point, the place of BEGINNING. BEING Lot No. 19X, Block "M", on the Plan #19 of Ridley Park Homes, Inc., prepared by D. P. Raffensperger Associates, Engineers and Surveyors, dated January 25, 1971, and recorded in Plan Book 22, Page 64 (erroneously described as Plan Book "T", Volume 33, Page 1, in prior deed), and known and numbered as 864 Erford Road, Camp Hill, PA. HAVING THEREON ERECTED A DWELLING KNOWN AS 864 ERFORD ROAD CAMP HILL, PENNSYLVANIA 17011 BEING THE SAME PREMISES WHICH Gary L. Lukens, Jr. and Laura L. Orndorf, now known as Laura L. Lukens, by deed dated 7/14/00 and recorded in Deed Book 225, Page 629, granted and conveyed unto Gary L. Lukens, Jr. and Laura L. Lukens. TO BE SOLD AS THE PROPERTY OF GARY L. LUKENS A/K/A GARY L. LUKENS, JR.AND LAURA L. LUKENS A/K/A LAURA L. ORNDORF ON JUDGMENT NO. 03-6007 ASSESSMENT NO. 09-17-1044-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6007 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff (s) From GARY L. LUKENS A/K/A GARY L. LUKENS, JR. - LAURA L. LUKENS A/K/A LAURA L. ORNDORF, (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 $82,575.88 L.L. $.50 Interest $4,538.80 - PER DIEM OF $16.21 TO SALE DATE 9/8/2004 Atty's Comm % Due Prothy $1.00 Arty Paid $146.01 Other Costs LATE CHARGES $28.15 PER MONTH TO SALE DATE 9/8/04 - $253.35 --- ESCROW DEFICIT $2,000. Plaintiff Paid Date: APRIL 27, 2004 CURTIS R. LONG Prothonotary (Seal) By: a--?? ?c1LR ?r Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale #13 On May 14, 2004 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 864 Erford Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 14, 2004 By: Jack- Real Esta4 Deputy rz t 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 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .................... ?4!V?la(:;aD ................. COPY Sworn to and subscribed before m?e?- 23rd day ofA st. D. SALE #13 f NOTARIAL SEAL Terry L. Russell, Notaryu lic City of Harrisburg, Dau My Commission Expires June 6, 2 AR PUBLIC Member, Pennsylvania Asscci*Jfy l*.gion expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 319.06 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 13 Writ No. 2003-6007 Civil Washington Mutual Bank, FA Successor in Interest to PNC Mortgage Corp. of America vs. Gary L. Lukens, a/k/a Gary L. Lukens, Jr. and Laura L. Lukens, a/k/a Laura L. Orndorf Atty.: Leon P. Haller ALL THAT CERTAIN lot or parcel of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Erford Road which point is at the dividing line between Lots Nos. 19 and 19X, Block "M", on said plan: thence along the southerly line of Erford Road in an arc having a radius of 50.00 feet in n Yf er4 -.Y .?ywMwww--+.aL.. l.F. U-A. Marie Co . Editor WORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717) 234 - 417 8 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW NO. 03-6007 GARY L. LUKENS A/K/A GARY L. LUKENS, JR. and LAURA L. LUKENS A/K/A LAURA L. ORNDORF Defendants IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY: Please mark the judgment entered against the Defendants satisfied of record. PURCELL, KRUG HALLER BY. Leon P. Hall-e.--LID #15700 Attorney for Plaintiff DATE: July 9, 2007 l C"t