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HomeMy WebLinkAbout03-6201FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC,, F/K/A PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff ALAN G. LINGER 236 RED TANK ROAD BOILING SPRINGS, PA 17007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o! CUMBERLAND COUNTY Defendant(s) CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 83582 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 1N 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 ENFORECE A LIEN ON REAL ESTATE. File #: 83582 Plaintiff is WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 The name(s) and last known address(es) of the Defendant(s) are: ALAN G. UNGER 236 RED TANK ROAD BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/27/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1545, Page 401. The premises subject to said mortgage is described as attached, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 83582 The following amounts are due on the mortgage: Principal Balance Interest 07/01/2003 through 11/24/2003 (Per Diem $21.22) Attorney's Fees Cumulative Late Charges 05/27/1999 to 11/24/2003 Cost of Suit and Title Search Subtotal $I 10,647.42 3,119.34 1,225.00 39.92 $ 550.00 $115,581.68 Escrow Credit 0.00 Deficit 2,769.54 Subtotal $ 2,769.54 TOTAL $118,351.22 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated pr/or to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said nohce has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $1 l 8,351.22, together with interest from 11/24/2003 at the rate of $21.22 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMA.N AND PHELAN, LLp, ~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff File #: 83582 ALL, THAT CEI~TAIN bac~ oi' ~nd w~lh the Impmvamenzs ~ereon located In South t,~;o~leton Township, Cumbe¢land CaUnty, Pennsylvania, bounded and de.~dbed Jn acr:o~.~:~ce wilh the surve)/or Wilbur H, C)i~ton, R.$,, as fo]Jows: li~EG~NNING at a potr~t In the ee~ltat ~e ~ To'~lship Roast ~2 at ~e ~on earner of La~s N~. 2 and 3 on t~ hemlnaher m~Eo~ P~ ef L~; ~n~ ~r~ Sl mlnute~ 4~ ~8 West 3B3.00 f~t to ~ ~ ~n ~ ~ ~u~em ~e ora ~ ~t t~hl a~ ~ t~ along sa~ dght o~ w~? N~ 73 ~ 53 mln~ 43 ~a ~at 453,74 f~t to a po~t ~ the ~nter llne Of T~p R~ ~ ~e~ al~g ~ ~ntcr lee ~uth 8~ d~r~s 32 mJnules 47 se~ds East 72.47 f~t to a P~L ~e ~ace of I~EGINNING. CONTAINING 2.a0g acres, more ~ of ~he R~co'd~r Of Deeds I~ a~ for CumbeHu~d same premises which Mi~eel H. Taylor end Anklleotte Taylor, meir Deed dal~ FeDma~ 7, 1~2~ and ta~ Febm~ B, 197g in D~d Book 'H', Volume 2U, Page ~8, g~t~ a~ ~eyad ~ % Dianne Stouffer, ~u~;~r~d and ~[e, Grant~ PREMISES BEING: 236 RED TANK ROAD. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiffin this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are tree and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2003-06201 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTAUL BANK V$ UNGER ALAN G REGULAR CPL. MICHAEL BARRICK _, Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT UNGER ALAN G DEFENDANT at 0946:00 at 236 RED TANK ROAD BOILING SPRINGS, PA 17007 AL~AN UNGER a true and attested copy of COMPLAINT - - MORT FORE was served upon the HOURS, on the llth day of December , __ 2003 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 4 83 00 10 00 00 32 83 Sworn and Subscribed to before So Answers: R. Thomas K~±ne 2/ 2/20o3 By: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, ALAN G. UNGER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6201-CIVIL Defendant(s)· : PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiffand against ALAN G. UNGER and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/24/03 to 1/15/04 TOTAL $118,351.22 $1,124.66 $119,475.88 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT~D~ DATE: l -O~ 0 - 0¢ PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., IcL No. 32227 FRANCIS S. HALLINAN, ESQ., IcL No. 62695 ONE PENN CENTER PLAZA, SLrITE 1400 PHILADELPHIA, PA 19103 WASHINGTON M1FI~AL BANK, F.A., S/B/M TO WASHINGTON MLrI~AL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff Vs. ALAN G. UNGER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-6201-CIVIL TO: ALAN G. UNGER 236 RED TANK ROAD BOILING SPRINGS, PA 17007 DAT~ OF NOTICE: JANUARY 5, 2004 THIS F/PM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N AN A'I'fEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU W/LL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROV/DE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ~ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE g'~n~ CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., S/BfM TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVENUE ALAN G. UNGER Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6201-CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/arc not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ALAN G. UNGER is over 18 years of age and resides at, 236 RED TANK ROAD, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/FdA PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVENUE ALAN G. UNGER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6201-CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on By: If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.* * PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff, ALAN G. UNGER No. 03-6201-CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/15/04 to JUNE 9, 2004 (per diem -$19.64) TOTAL $119,475.88 $2,867.44 and Costs $122,343.32 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land wifl~ the improvcmcms thereon erected. Iocal~O in Sou~h Middlcton Township, Cumberland Comity, Permsylvania, hotmded and described in accordance witll file ~rvey of Withur H. Clifton, R.S., as ti~llows: BEGINNING at a point in lira center line of Township Road 542 at the common corner of Lot, Nos. 2 and 3 on the hereinafter menlioned Plan of Lo[u; thence South 42 degrees 40 minutes 08 seco~s West 682.39 Ibel to aa iron pin; thence North 6 d~l,a'ees 51 minutes 46 ,qecolgl~; W~t 383,00 f~et Io an irort pin at the Southern line of a 5(l tBOI right of ',*ay; thence along ,'mid right of way Notlh 73 degrees 53 minutes 43 sexo~gls East 453.74 f~t to a point in the ce,ter line of Township Road 542; thence along said center line South 86 degrees 32 minutes 47 seco~gls Ea.qt 72,47 fee{ to a polar, the place of CONTAINING 2.409 acres, more or le~s and being all of Lot No. 2 o. ~m Plan of Sub4ivialon for Mike Taylor, dat~ July 3. 1978, ~,hicl~ Plan is nmorded in the Office of the Recorder of Dced.q ia and for Cutobe,'iand County, Pennsylvania, in Plan Psook 33 at Pag~ 124. TITLE TO SAID PREMISF~ IS VESTED IN Alan C. IJnger, single by Dl:~d fi-om Richard L. Stouffer a~t T, Dianne Stouffer, his wife dated 5/27/1999 and recorded 5128119o~, in Record Book 200, ~ 35L PROPERTY ADDRESS: 236 RED TANK ROAD, BOILING SPRINGS, PA 17007 TAX PARCEL # 40-13-0126-012A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6201 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COLrNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff (s) From ALAN G. UNGR, 230 RED TANK ROAD, BOILING SPRINGS PA 17007. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 230 RED TANK ROAD, BOILING SPRINGS PA 17007 (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 del~ndant (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 $119,475.88 L.L. $.50 Interest 1/15/04 TO 6/9/04 ~ $19.64 per diem = $2,867.44 Due Prothy 1,00 Atty's Comm % Atty Paid $114.83 Plaintiff Paid Date: January 20, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQ Other Costs CURTIS R. LONG Prothonotary Address: ONE PENN CENTER AT SUBURBAN STATION 1617 ,IFK BLYD, SUITE 1400 PHILADELPHIA PA 19103 1814 Attorney for: PLAINTIEF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-70O0 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/IGA PNC MORTGAGE CORPORATION OF AMERICA Plaintiff, V. ALAN G. UNGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-6201-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff, ALAN G. UNGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6201-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,236 RED TANK ROAD, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALAN G. UNGER 236 RED TANK ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name WAYPOINT BANK ETC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 NORTH SECOND STREET HARRISBURG, PA 17105-1711 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GUARANTY FEDERAL BANK 200 N. WESTLAKE BLVD., SUITE 230 WESTLAKE VILLAGE, CA 91362 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 236 RED TANK ROAD BOILING SPRINGS, PA 17007 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief, 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. January 15, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/FdA PNC MOI~TGAGE CORPORATION OF AMERICA Plaintiff, ALAN G. UNGER Defendant(s). TO: ALAN G. UNGER 236 RED TANK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY No. 03-6201-CIVIL January 15, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 236 RED TANK ROAD, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,475.88 obtained by WASHINGTON MUTUAL BANK, F.A., S/BfM TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, · costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attomey to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFtS SALE DOES TAKE PLACE. 1. If the Sherif£s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days &the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TtIAT CF~RTAIN u'ac~ of land with the impro~ thereon crected, 1~ ia South Middletrnl Township, CumherlarA County, Peansylvanla, bounded and d~a,.~ibed in accordaace wi~h U~e surwy of Wi~llut H. Clifton, R.S., as tbllows: BEGINNINO at a poi~ ia thc c~:n~er ii~ of Town.~ip Road ~2 2 ~d 3 ~ ~ hornier ~n~u~ ~ of ~; ~e~e ~ 42 ~2.39 1~ to aa ~on p~; t~ce N~ 6 ~s 51 minmcs 46 ~s W~ 383.~ ~ ~ ~ im~t pia ~ the ~u~m ~ of a 50 t~t ~: of ~y; ~e ~on8 ~ ~i~ of way No~ 73 dc~ 53 ~ 43 ~n ~ 453.74 f~t m a ~t iff ~e ~nter line of T~ CONTAINING 2.409 acres, more or l~s aad being ail of Lot No. 2 on the Plan of SuMivi~ion for Mike Taylol', dated July 3, 1978, which Plan is recorded in the Ot~oe of the Recorder of Decd.~ in for Cumberland Comity, thnu~yi,nmia, in Plan Book 33 at Page 124, TITLE TO SAID PREMISF.,S IS VESTED IN Alan C, Unger, single by Deed flora Richard L. Stoufi~ and T. Dianne Stouffer, his wife dated 5/27/1999 aad recorded 5/28/1999, in Record Book 200, Page 351. PROPERTY ADDRESS: 236 RED TANK ROAD, BOILING SPRINGS, PA 17007 TAX PARCEL # 40-13-0126-012A 117 5 ao FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Iff J IN RE: Lorena Carol Kroh : CHAPTER 13 : BANKRUPTCY NO..1 01-01078 MDF Debtor ORDER MODIFYING SECTION 362 AUTOMATIC STAY AND NOw, thisL~day of~JLJ3't ,~3, upon Motion of Principal Residential Mortgage, Inc. (Movant), and after notice of default and the filing of a Certification of Default, it is ORDERED AND DECREED THAT: The Automatic stay of ali proceedings, as provided by 11 U.S.C, 362 is modified with respect to premises, 324 N. Second Street, Enola, PA 17025, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises, at Sherifl=s Sale (or pumhaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and itis further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and Principal Residential Mortgage, Inc. may immedlately enforce and implement this order granting Relief from the Automatic Stay. /~/MARY D. FRANCE · ~,. Bankruptcy Judge cc: Judith T. Romano, Esquire Suite 1400/One Penn Center at Suburban Station Philadelphia, PA 19103-1814 Charles J. DeHart, III, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 Lorena Carol Kroh 324 North Second Street Enola, PA 17025 FILED HARRISBURG PA DEC - 4 2O03' Clerk, U.S, Bankruptcy Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F~/A PNC MORTGAGE CORPORATION OF AMERICA VS. ALAN G. UNGER ) CIVIL ACTION ) ) CWIL DIVISION ) NO. 03.-6201-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL BANI~ F.A.~ S/B/M TO WASHINGTON MUTUAL HOME LOANS~ INC. F/FdA PNC MORTGAGE CORPORATION OF AMERICA hereby verify that on January 28~ 2004 & March 31~ 2004tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 1, 2004 FRANK FEDERMA2q, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814. 215-563-7000 Main Fax 215-563-5534 April 1, 2004 Office of the Prothonotary CUMBERLAND County Courthouse WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/KfA PNC MORTGAGE C. ORPORATION OF AMERICA v. ALAN G. LINGER CUMBERLAND County, No. 03-6201-CIVIL Dear Sir, Please file the enclosed AMENDED affidavit(s) in reference to the above captioned matter(s). Kindly return the attorney copy(s) in the self addressed stamped envelope that has been provided for your convenience. Thank you for your cooperation. Rachel L. Allmond for Federman and Phelan CC: Sheriff's Office of CUMBERLAND County WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff, ALAN G. UNGER Defendant(s). C~IBERLAND COUNTY COURT OF COMMON PLEAS C13rlL DIVISION NO. 03-6201-CML AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANI~ F.A, S/BfM TO WASHINGTON MUTUAL HOME LOANS~ INC, F/K/A PNC MORTGAGE CORPORATION OF AMERICA, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~236 RED TANK ROADn BOILING SPRINGS~ PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALAN G. UNGER 236 RED T.AxNK ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK ETC. 235 NORTH SECOND STREET HARRISBURG, PA 17105-1711 MT. VALLEY FARMS & LUMBER PRODUCTS 1240 NAWAKWA ROAD BIGLERVILLE, PA 17037 BUREAU OF COMPLIANCE DEPT. 2809,46 HARRISBURG, PA 17128-0946 4. Name and address of last recorded holder of every mortgage of record: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) GUARANTY FEDERAL BANK 200 N. WESTLAKE BLVD., SUITE 230 WESTLAI~; VILLAGE, CA 91362 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 236 RED TANK ROAD BOILING SPRINGS, PA 17007 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675; Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. April 1, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 0004300377 MAR3! 2004 MAILED FROM ZIPCODE 19103 0004300377 jAN ~8 ~'~04 MAILED FROM ZIPCODE ~ 9103 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue ora writ Execution issued on the 20th day of Jan, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6201, at the suit of Washington Mutual Bank F A sbm Washington Mutual Home Loans Inc fica Pnc Mtg corp of America against Alan G Unger is duly recorded in Sheriff's Deed Book No. 263, Page 3567. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D2004 day of ~er of Deeds Washington Mutual Bank, F.A. sPo/m To Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage Corporation of America VS Alan G. Unger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003~6201 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 03, 2004 at 11:20 o'clock AM, 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: Alan G. Unger, by making known unto Alan G. Unger, personally, at 236 Red Tank Road, Boiling Springs, PA 17007, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 9:26 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alan G. Unger located at 236 Red Tank Road, Boiling Springs, 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 Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Alan g. Unger, by regular mail to his last known address of 236 Red Tank Road, Boiling Springs, PA 17007. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriff's 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 June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000 being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $810.89. SherifI's Costs: Docketing $30.00 Poundage 15.90 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.76 Levy 15.00 Surcharge 20.00 Law Journal 284.00 Patriot News 270,97 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 810.89 Sworn and subscribed to before me So Answers: R. Thomas Kline, Sheriff 2004, A.D. Prothonotary BY%,6~, ~ Real EstatffDeputy 30, 09~, WASHINGTON MUTUAL BANK, F.A., S/B/M. TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA ALAN G. UNGER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6201-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date thc Praccipe for thc Writ of Execution was filed thc following information concerning the real property located at ,236 RED TANK ROAD, BOLLING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALAN G. UNGER 236 RED TANK ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sallie WAYPOINT BANK ETC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 NORTH SECOND STREET HARRISBURG, PA 17105-1711 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GUARANTY FEDERAL BANK 200 N. WESTLAKE BLVD., SUITE 230 WESTLAKE VILLAGE, CA 91362 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Non~ 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 236 RED TANK ROAD BOILING SPRINGS, PA 17007 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to author/ties. January 15, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/B/M TO : WASHINGTON MUTUAL HOME LOANS, INC., : FfK/A PNC MORTGAGE CORPORATION OF : AMERICA : Plaintiff, : ALAN G. UNGER Defendant(s). TO: ALAN G. UNGER 236 RED TANK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY No. 03-6201-CIVIL January 15, 2004 **THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TH,4 T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT 14/AS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLEUT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at , 236 RED TANK ROAD, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $I 19,475.88 obtained by WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page lwo on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TIlE SIIERIFF'S SALE DOES TAKE PLACE. 1. If the Sherif£s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. lfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sher/ffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN n-ac* of land with the improvemcnls thereto erected, lvx~ated in Sooth Middteto, Township, Cumberland Count),, Permsylvania, bom]dod and described in accordance wkh the survey of Wilbur H. Clifton, R.S. :Lq follows: BEGINNINO at a poiul in ~he center line of Township Road 542 at file common turner of Lots NoS. 2 and 3 on the hcrci~mfrer menfion~ Plan of ~ts; the~e ~qJflJ 42 dcgTces ~) minules ~2.39 IL~I [o an iron p~; thence No~ 6 4~8~s 51 minutes 46 s~ond~ West 383.~ pin al the Sot~them t~e of a 50 t~t h~t of way; ~e~e along said fish[ of way No~ 73 degrees 53 ~ul~ 43 ~co~s E~I 453.74 f~t to a [mini in the ce~ler line of Towmhip Road ~12; Ih~e ~id center li~ ~uth 86 degrc~ 32 ~ates 47 s~onds Eas~ ~.47 fe~ m a ~im, the CONTAINING 2,409 acres~ more or less and being all of Lot No. 2 on the Plan of Subdivision Iht Mike Taylor, dated July 3, 1978, which Plan is recorded in the Office of the Recorder of Dced_q in and for Cumberland Courtly, P*crmzylvaaia, i~ Plan Book 33 at Pag~ 124. TITLE TO SAID PREM1SF~R 1S VE.STED IN Alan C. Unger, single by Deed from Richard L Stouffer an~d T. Diarme Stouffer, his wife dated 5/27t1999 a~M recorde~ 5t25/1999, in Rocord Book 200, Page 351. PROPERTY ADDRESS: 236 RED TANK ROAD, BOILING SPRINGS, PA 17007 TAX PARCEL # 40-13-0126-012A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6201 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff (s) From ALAN G. UNGR, 230 RED TANK ROAD, BOILING SPRINGS PA 17007. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 230 RED TANK ROAD, BOILING SPRINGS PA 17007 (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 defm~dant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not ievied 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. AmountDue $119,475.88 L.L. $.50 Interest 1/15/04 TO 6/9/04 ~ $19.64 per diem = $2,867.44 Due Prothy 1.00 Other Costs Atty's Corem % Any Paid $114.83 Plaintiff Paid Date: January 20, 2004 (Seal) REQUESTYNG PARTY: Name FRANK FEDERMAN ESQ CURTIS R. LONG Adch'ess: ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BLVD, SUITE 1400 PHILADELPHIA PA 19103 1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale #36 On March 02, 2004 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 236 Red Tank Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 02, 2004 Re~'Estat~ Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and 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 April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice er 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 Couptylof. ~s Book "M', Volume 14, Page 317. PUBLICATION ............. J atyofH~rflsburg, D~uphinCounty -[ ~,~'T~=~V ': June 6,2006 J NOTARY PUBLIC '~' ~ My Commission Expires ~e opzuuo ] . . ~lember, PennsylvaniaAssoclationolNotnrl~Y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 270.97 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general ¢ledge receipt of the aforesaid notice and publication costs and certifies that the same have 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 primed notice or publication attached hereto is exactly the same as was primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statemem by the Cumberland Law Joumai, a legal periodical of generai 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. ~ ~TATE ~L~ NO. ~ Writ No. 2003-6201 Civil Washington Mutual Bank, s/b/m to Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage Corporation of America v$, Alan G. Unger Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, located in South Middleton Township. Cumberland County, Pennsylvania, bounded and de- scribed in accordance x~th the sur- vey of Wilbur H. Clifton, R.S., as follows: BEGINNING at a post In the cen- tsr line of Township Road 542 at the common corner of Lots Nos. 2 and 3 on the hereinafter mentioned Plan e Coyne r SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 ALL THAT CERTAIN tract o£ lmud with the improvements thereon erected, located in South Middleton Township, Cumberland County, Pennsylvania, hounded and scribed in accordance with the sur- vey of Wilbur H. Clifton, R.S., as follows: BEGINNING at a point in the cen- ter line of Township Road 542 at the common corner of Lots Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence South 42 degrees 40 minutes 08 seconds West 682,39 feet to an iron pin', thence North 6 degrees 51 minutes 46 seconds West 383.00 feet to an iron pin at the Southern line of a 50 foot right of way; thence along smd right of way North 73 degrees 53 minutes 43 seconds East 453.74 feet to a point in the center line of Township Road 542; thence along said center line South 86 degrees 32 minutes 47 seconds East 72.47 feet to a point, the place of Beginning, CONTAINING 2,409 acres, more or less and being all of LOt No. 2 on the Plan of Subdivision for Mike Taylor. dated July 3, 1978, which Plan Is recorded in the Office of the Recorder of Deeds in and for Cumberland Count~, Pennsylvania, in Plan Book 38 at Page 124. TITLE TO SAID PREMISES IS VESTED IN Alan C. Unger. single by Deed from Richard L. Stouffer and T. Dlanne Stouffer, his wife dated 5/27/1999 and recorded 5/28/ 1999, in Record Book 200, Page 351. PROPERTY ADDRESS: 236 Red Tank Road, Boiling Springs, PA 17007. TAX pARCEL #40-13-0126-012~ LOIS E. SNYD' Carlisle [~oro, C My Commission E