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HomeMy WebLinkAbout03-6544FEDERMAN 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 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/III TO HOMESIDE LENDING, INC. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff JERAMIE JOHNSON 523 THIRD STREET WEST FAIRVIEW, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY TONYA FAIR 523 THIRD STREET WEST FA1RVIEW, PA 17025 Defendant(s) CIVIL ACTION o LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you w/sh 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 ri~tts 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 HI1LE 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 #: 84428 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VER/FICATION 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 #: 84428 Plainfiffis WASHINGTON MUTUAL BANK, FA, S/Iii TO HOMESIDE LENDING, INC. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 The name(s) and last known address(es) of the Defendant(s) are: JERAMIE JOHNSON 523 THIRD STREET WEST FAIRVIEW, PA 17025 TONYA FAIR 523 THIRD STREET WEST FAIRV1EW, PA 17025 who/s/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/24/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1584, Page 608. By Assignment of Mortgage recorded 1/I 8/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 635, Page 1150. 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 07/01/2003 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 #: $4425 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2003 through 12/19/2003 (Per Diem $13.97) Attorney's Fees Cumulative Late Charges 11/24/1999 to 12/19/2003 Cost of Suit and Title Search Subtotal $60,003.27 2,821.94 1,250.00 217.31 $ 550.00 $ 64,842.52 Escrow Credit 0.00 Deficit 448.73 Subtotal $ 448.73 TOTAL $ 65,291.25 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. Vv~IEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 65,291.25, together with interest from 12/19/2003 at the rate of $13.97 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. FEDEX. ,AN AND PHE~LAN, LLP By: 7s/Francis'%'. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 84428 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiffin this matter, that Plaintiffis 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 true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas 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: 2003-06544 P COMMONWEALTH OF PEhrNSYLVANIA: COUNTY OF CUMBERIJtND WASHINGTON MUTUAL BAiqK FA VS JOHNSON JERAMIE ET AL REGULAR RON KERR , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE JOHNSON JERAMIE DEFENDAiqT , at 1336:00 HOURS, at 13 STEPHEN ROAD CAMP HILL, PA 17011 ROBIN JOHNSON, MOTHER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 29th day of December , by handing to together with - MORT FORE 2003 and at the same time directing Her attention to Additional Comments 523 THIRD STREET WEST FAIRVIEW IS VACANT. 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 m~this [~ day pf ~'~[~~/ t 4~ A.D. So Answers: R. Thomas Kline 12/30/2003 FEDERMAN & PHELAN By: Deu/~y~S~er~iff SHERIFF'S RETURN CASE NO: 2003-06544 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS JOHNSON JERAMIE ET AL - REGULAR RON KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE FAIR TONYA DEFENDANT , at 1336:00 HOURS, at 13 STEPHEN ROAD C/~MP HILL, PA 17011 ROBIN JOHNSON, JERILMIE'S MOM, a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 29th day of December , by handing to ADULT IN CHARGE COMPLAINT - MORT FORE together with 2003 and at the same time directing Her attention to the contents Additional Comments 523 THIRD STREET WEST FAIRVIEW IS VACANT. thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before ~ this (~ day of So Answers: R. Thomas Kline 12/30/2003 FEDERMAN & By: PHELAN Deputy~y Sherl/f~ 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, FA, S/FI TO HOMESIDE LENDING, INC. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff, V. JERAMIE JOHNSON TONYA FAIR Defendant(s). : NO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 03-6544 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly emer an in rem judgment in favor of the Plaintiff and against JERAMIE JOHNSON and TONYA FAIR, 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 12/19/03 to 2/11/04 TOTAL $63,291.25 $768.35 $64,O59.6O 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 INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP 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 (~15) 56%-7000 WASHINGTON MUTUAL HOMESIDE LENDING, INC. Plaintiff BANK, FA, S/I/I TO Vs. JERAMIE JOHNSON TONYA FAIR Defendants : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-6544 CML TERM TO: JERAMIE JOHNSON 13 STEPHEN ROAD CAMP HILL, PA 17011 DATE OF NOTICE: JAN[ IARY 2 i, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 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 L1BERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Pla/nt/ff FEDERMAN AND PHELAN, LLP 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) 56'%-7000 WASHINGTON MUTUAL BANK, HOMESIDE LENDING, INC. Plaintiff FA, S/If/ TO JERAMIE JOHNSON TONYA FAIR Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 03-6544 CIVIL TERM TO: TONYA FAIR 13 STEPHEN ROAD CAMP ICIILL, PA 17011 DATE OF NOTICE: JANUARY 2 !, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OB/ECTIONS 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 PROVIDE YOU WITH INFORMATION ABOUT HLRING 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 SERVICE8 TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CLrMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-06544 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS JOHNSON JERAMIE ET AL RON KERR Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE JOHNSON JERAfiqlE DEFENDANT at 1336:00 HOURS, at 13 STEPHEN ROAD CAMP HILL, PA 17011 ROBIN JOHNSON, MOTHER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 29th day of December , 2003 by handing to MORT FORE together with and at the same time directing Her attention to Additional Comments 523 THIRD STREET WEST FAIRVIEW IS VACANT. the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.35 12/30/2003 FEDERMlkN & PHELAN Sworn and Subscribed to before By: me this day of S i~f~ A.D. Prothonotary 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 f215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/III TO HOMESIDE LENDING, 1NC. 8120 NATIONS WAY BUILDING 100 Plaintiff, JERAMIE JOHNSON TONYA FAIR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6544 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JERAMIE JOHNSON is over l 8 years of age and resides at, 523 TH/RD STREET, WEST FA/RVIEW, PA 17025. (c) that defendant TONYA FAIR is over 18 years of age, and resides at, 523 THIRD STREET, WEST FAIRVIEW, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn 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, FA, S/I//TO HOMESIDE LENDING, INC. 8120 NATIONS WAY BUILDING 100 Plaintiff, JERAM/E JOHNSON TONYA FAIR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6544 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on t? 200¥. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE 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. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** LEGAL DESCRIPTION ALL THAT CERTAIN piece or L~arcel of land si~ate ia the ~orou~lz of West Falrvlew now ~t Pemlsboro, Counw of Cumberland and Commonwealth of iaenn~ylvania, more padiootady bonnded aod d~scrib~l aa follow~: BE(}INNINO a~ a point 210 feet Nonhweal of Locust Street and lhe F.~z'm side of Third Stree~ ami ~he Southwestern corner of lot ~OW or Ia~e of H. W. KO~L~nh.ff~', ~ belag one.4~alf of ~ No. ~ ~ May's S~ A~ ~ W~t ~vh~; ~e~ ~ a No~m ~ ~ ~id ~, ] 11 f~ W S~ a~ tl~ in a N~ dire~ion ~ng ~i~ ~ 15 ~ m ~e ~ o[ ~g~. BEING ihe Southern one-ha{f of Lot No. 40 in May's Second Addil~on to the Town or Wc~ Fair'view as recorded in the Cumberland County Reoor~.x's Office in Pla~ 8o~k 1, Page 54. HAVINO Iheteoa etecled a om-barf of a double townhouse known and ..mbcr~d as $23 Thh4 Slreet. TITLE TO SAID ~$F~ IS VF, ST~D ~{ leramte Johnson ~ Tonya Fair, joint m-.-~ wi~h right of survivomhlp by Dued from Wianifr~ P. McCoy, da~ed 11/2411999 and recorded I 1/30/19~9 in [}~d Book 212, Page 15l, PROPERTY ADDRESS: 523 THIRD STREET, WEST FAIRVIEW, PA 17025 TAX PARCEL: # 45-17-1044-001 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, FA, S/III TO HOMESIDE LENDING, INC. Plaintfff~ JERAMIE JOHNSON TONYA FAIR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6544 CIVIL TERM 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff, V. JERAMIE JOHNSON TONYA FAIR Defendant(s). No. 03-6544 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/11/04 to JUNE 9, 2004 (per diem -$10.53) TOTAL $64,059.60 $1,253.07 and Costs $65,312.67 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 THAT CERTAIN piece er pan~! of Innd simat~ tn ~ ~r~ of W~ ~,~ ~ ~t BEOINNINO at a point 210 feet Northwest of Locust Street ami the F~eru side of ~ ~e~ ~ ~ ~ ~e ~r of ~d ~ No. 40 ~ a S~&~ ~u~ 112 ~, ~e or I~, m ~ S~ a~ t~ in a N~t dire~ a~ng ~i~ ~ 15 f~ ~ ~e ~ of ~n~g. BEING the Southern one-half of Lot No. 40 ~ lday% SecoM Add. on to the Town of We~ Init'view as recorded in the C. umbertan~ County Record~'s Office ~n Plan Book 1, Page 54, HA, VINO fber~on ert~cled a om-hs]f o~ a double town~ou~e known and numbered as TITLE TO SAID PREI~SI'~ IS VF.~Ti~D right of ~ur~ivo~ip I~ ~ from Wtnni~l !1/~0/1999 in Deed Book I12, P%,e 151. PROPERTY ADDRESS: 523 THIRD STREET, WEST FAIRVIEW, PA 17025 TAX PARCEL: # 45-17-1044-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 034544 Civil COLrNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING~ INC., Plaintiff(s) From JERAMIE JOHNSON AND TONYA FAIR (I) 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 ar~y 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 h/m/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $64,059.60 L.L. $.50 Interest FROM 2/11/04 TO 6/9/04 (PER DIEM - $10.53) - $1,253.07 AND COSTS DueProthy $1.00 Atty's Con:ma % Atty Paid $136.35 Plaintiff Paid Date: FEBRUARY 18, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Other Costs CURTIS R. LONG Prothonota!'y Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 WASHINGTON MUTUAL BANK, FA, S/FI TO HOMESIDE LENDING, INC. Plaintiff, JERAMIE JOHNSON TONYA FAIR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6544 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, FA, S/I/l TO HOMESIDE LENDING, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of thc date the Praecipe for the Writ of Execution was filed thc following information concerning the real property located at ~523 THIRD STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERAMIE JOHNSON 523 THIRD STREET WEST FAIRVIEW, PA 17025 TONYA FAIR 523 THIRD STREET WEST FAIRVIEW, PA 17025 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: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) Household Realty Corporation 25 Gateway Drive, Gateway Square, Ste 107 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Sallie 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 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 523 THIRD STREET WEST FAIRVIEW, PA 17025 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 beliefi 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. February 11. 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff, JERAMIE JOHNSON TONYA FAIR Defendant(s). TO: JERAMIE JOHNSON 523 THIRD STREET WEST FAIRVIEW, PA 17025 CUMBERLAND COUNTY No. 03-6544 CIVIL TERM Febmary 11, 2004 TONYA FAIR 523 THIRD STREET WEST FAIRVIEW, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINSTPROPERTY. ** Your house (real estate) at, 523 THIRD STREET, WEST FAIRVIEW, PA 17025, 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 $64~059.60 obtained by WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. (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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was ~'ossly 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 mount 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 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 Sheriffwithin 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 ALt, THAT CERTAIN piece or I~ce! of laad simam/n u~ Borough of West Falrvtew now ~ast Pennsbom, County o~ Cumberland a~d Commonwealth or Pennsylvania, more particularly boended ami d~scrib~ as follows: BEOINNINO at a point 2t0 feet Northwest of Locust $Lreet and the F. astern side of T~tlrd Street and the Sou~wesmra corrmr ot*lo~ ~ow or late of N/. W. Kol~enhn~et, it being o~e-half of Lot No. 40 in May's Seared Addition to West Fail'view; thence in a Nolfl~eastetn ootu'so along sai~i Lot, ! 11 feet to an all¢T; ~ along said alley in a $o~iea~m directio~ I$ fcct to a comer of said Lot No. thence ~t'ough the tenor of $akl Lot No. 40 in a $o~rhwester~ c~utse llll feet. more or less, to 'l'lfird 5tr0et aad thence in n Northwestern dJrectio, alolag ThiKI ~ 15 feet to the piace of beginning. BHNG the Southent one-half of Lot No. 40 in May's ,~ond Addfliert to lite Town of' West Fairview as recorded in {~e Cumberland Cmmty Recorder's Offic~ in Plan Heok 1, Pag~ 54, HAVIN(3' Ihereon creeled a one-half of a doable mwrabouse known and nombered as 523 Third Street. TITLE TO SAiD PREMISES r,q VF~WRD II~ jreramie loimsoa and Tonya Fair, joint tenan~ witi~ right of survivorship by Deed from Wimflfred P. McCoy, dated 11/Z411999 ant-{ recozd4~ { 1130/1999 in ~ Book 212, Page 151. PROPERTY ADDRESS: 523 THIRD STREET, WEST FAIRVIEW, PA 17025 TAX PARCEL: # 45-17-1044-001 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. vs. Jeramie Johnson Tonya Fair ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6544 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on April 21, 2004. Jeramie Johnson 523 Third Street West Fairview, PA 17025 Tonya Fair 523 Third Street West Fairview, PA 17025 DATE: April 21, 2004 F,~E~MAN ~ PNELAN, L.L.P. ~ni~l G. Schmie~sq%~i e ~ ~ttorney for Plaintiff ~_~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOrnEY FOR PLAINTIFF Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Jeramie Johnson Tonya Fair : NO. 03-6544 pi~AECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Jeramie Johnson and Tonya Fair, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. FED~N A~ PHELAN, L.L.P. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOPd~EY FOR PLAINTIFF Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Jeramie Johnson Tonya Fair : NO. 03-6544 PLAINTIFF'S PETITION FOR RZASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: Complaint in Mortgage Foreclosure was filed on December 2003. 2. 22, 2004 3. June 9, 4. Defendant(s)' behalf since Defendant(s) have been given been made since the judgment, Judgment was entered against Defendant(s) in the amount of 64,059.60. The mortgaged premises are listed for Sheriff's Sale 2004. Additional sums have been incurred or expended on on February 18, on the Complaint was filed and credit for any payments that have if any. The amount of damages should now read as follows: Principal Balance Interest Amount June 1, 2003 through July 1, Per Diem $13.97 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MID/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit 2004 60,003.27 5,535.47 217.31 1,250.00 922.00 0.00 1,130.00 48.44 60.00 (0.00) 0.00 0.00 545.86 TOTAL $69,712.35 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1584), Page (#608), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. F~ AND~ L.L.P. [D~nie~ G. Schmieg, Esqul~f~-- ~torn~y for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. vs. Jeramie Johnson Tonya Fair ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-6544 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAOES I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) entered into a Promissory Note and Mortgage agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that cure the default and bring the loan current, Foreclosure Action. Judgment was subsequently entered by the Court, is scheduled for Sheriff's Sale. Defendant(s) were not going to Plaintiff commenced a Mortgage and the subject property Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. AR~IIMENT FOR REASSESSM~T OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good~, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, amend the judgment to add failure to comply with the terms of the mortgage agreement..." Because a judgment in mortgage foreclosure is strictly in rem, it a mortgagee "...could properly move the court to additional sums due by virtue if the mortgage's Id. at 24. is critical that the judgment reflect those amounts expended by the Plaintiff in protecting See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 the property. (1971). Plaintiff damages, and submits that if Plaintiff went to sale without reassessing if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust CO., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHIL~%. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set fo~ FI By: C Al ~ in the Petition to Reassess Damages. [el~. Schmieg, Es~ire~ Drney for Plaintiff COUET 0---' CL~-'"L~-QH' PL't~r~5 NO_ 2~59 3) Was c~q~.-ired to accept VERIFICATION Daniel O. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: April 21, 2004 FED AND PHE . .P. By: A~corney for Plaintiff / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDiNG, iNC. VS. JERAMIE JOHNSON TONYA FAIR CIVIL ACTION CIVIL DIVISION NO. 03-6544 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL BANI(~ FAt S/III TO HOMESIDE LENDING~ INC. hereby verify that on February 20~ 2004 true 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 26, 2004 FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff o~ ~ $ 01.800 0004300377 FEB20 2004 MAILED FROM ZIP CODE 1 91 0 3 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. Jeramie Johnson Tonya Fair ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-6544 RU~ AND NOW, this ~ day of ~ , 2004, a Rule is entered upon Jeramie Johnson and Tonya Fair, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ~ BY THE COURT: FEDERMA/~A/qD PHELA~N, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. vs. Jeramie Johnson Tonya Fair ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-6544 MOTION TO MAKE RULE ;tBSOLUT]~ Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, .avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on April 26, 2004 and Rule was entered upon Defendant(s) Jeramie Johnson Tonya Fair on April 30, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely se]zved upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s} failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. F~u~ AND~/PHELAN, L.L. P . By: i~. ~ .//~ ~ ~e~ e~.e Attorney for P~/~iff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 a4~iel G. ~chmieg, E~re Attorney for Plaint~-f APR 28 200~ ~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Jeramie Johnson Tonya Fair : NO. 03-6544 AND NOW, this 30 ~ day of ~ , 2004, a Rule is entered upon Jeramle Johnson and Tonya Fair, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: TRUE! COi:W' FROM RECORO tn Te~ex~y w~h~eof, I here unto se~ my bane and tJ~ Saal ~ said Cou~ at Ca~llsle, Pa. FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 !215) 563-7000 ATTORNEY FOR Washington Mutual Bank, FA, .ERMAN AND PHEt~sERu~m s/I/I to Homeside Lending, -AT 0RN YFILEC0 0 T OF COMMON PLEAS PLEASE RETURN CIVIL DIVISION V$o Jeramie Johnson Tonya Fair : NO. 03-6544 C~RTiFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Jeramie Johnson Tonya Fair 523 Third Street West Fairview, PA 17025 Date: May 7, 2004 D~fi~l G. Schmi~g, Attorney for Pla~ff FEDERMANAiqD PHE~N, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Jeramie Johnson Tonya Fair : NO. 03-6544 ORDER AND NOW, this ~ day of ~ , 2004, upon consideration of Plaintiff's Motion to Make Rule ~2osolute, it is hereby ORDERED and DECREED that the Rule entered ~on Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount June 1, 2003 through July 1, 2004 Per Diem $13.97 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 60,003.27 5,535.47 217.31 1,250.00 922.00 0.00 1,130.00 48.44 60.00 (0.00) 0.00 0,00 545.86 $69,712.35 Plus interest per diem from June 9, 2004 through Date of Sale percent. NOTE: THE A]3OVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS ~ COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. at six (6%) FEDERMANAND PHELA/N, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. vs. Jeramie Johnson Tonya Fair ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-6544 MOTION TO MAKE RULE ABSOLUTE by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions Plaintiff, this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on April 26, 2004 and Rule was entered upon Defendant(s) Jeramie Johnson Tonya Fair on April 30, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDER AND HELAN, L. L. P. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 Da~el G. Schmieg, E~u,~re Attorney for Plaint~f-f Exhibit A FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I to Homeside Lending, Inc. vs. Jeramie Johnson Tonya Fair ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-6544 AND NOW, this ~0 ~ day of ~ , 2004, a Rule is entered upon Jeramie Johnson and Tonya Fair, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: tRUE COPY FROM RECORO In Te~llmony w~ereof, I here unto ~ my har~ ~nd lt~ se~ ~ smd ~ a Carltr~, I~. Exhibit B FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR Washington Mutual Bank, FA, S/I/I to Homeside Lending, vs. ~: ,~D__ERMANAND PHELd~'~D COUNTY -ATTORNEY FILE CGPy~ou~T o~ co..oH P~S PLEASE RETURN c~v~L D~V~S~ON Jeramie Johnson Tonya Fair : NO. 03-6544 CERTIFICATION OF S~VICE I, Daniel G. Schmie9, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on ~ay 7, 2004. Jeramie Johnson Tonya Fair 523 Third Street West Fairview, PA 17025 Date: May 7, 2004 FEDE~ ~PHELAN L.L.P D~liel G. S%hm'~.g, ~/9~ire Attorney for Pla~ff 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 Washin~on Mutual Bank F A is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 18th day of Feb, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6544, at the suit of Washinffton Mutual Bank F A against Jeramie JOhnson & Tonva Faim is duly recorded in Sheriff's Deed Book No. 265, Page 2001. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C~? ~--~ day of , A.D2004 ~,L~ Recorder of Deeds Washington Mutual Bank, FA s/i/i to Homeside Lending, Inc. VS Jeramie Johnson and Tonya Fair In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6544 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2004 at 4:00 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jeramie Johnson and Tonya Fair, by making known unto Jeramie Johnson, personally and adult in charge for Tonya Fair, at 13 Stephen Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on April 19, 2004 at 5:48 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeramie Johnson and Tonya Fair located at 523 Third Street, West Fairview, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jeramie Johnson and Tonya Fair, by regular mail to their last known address of 13 Stephen Road, Camp Hill, PA 17011. These letters were mailed under the date of April 13, 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 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 Washington Mutual Bank, FA, s/i/i to Homeside Lending, Inc. It being the highest bid and best price received for the same, Washington Mutual Bank, FA, s/i/i to Homeside Lending, Inc. of 8120 Nations Way, Building 100, Jacksonville, FL 32256 being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $822.76. Sheriffs Costs: Docketing $30.00 Poundage 16.13 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 15.00 Surcharge 30.00 Law Journal 274.70 Patriot News 270.97 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 822.76 Sworn and subscribed to before me So Answers: T his//~ day of &6/_~ ~ ¢'~~ f~4 2004, A.D. (~z2~., ~_ )74~$ge,~ ~ R. Thomas Kline, Sheriff ?r6thonotary ,t BY 40&x~4~ Real EstateYDeputy WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff, JERAMIE JOHNSON TONYA FAIR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6544 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, FA, Sfl/I TO HOMESIDE LENDING, INC., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for thc Writ of Execution was filed the following information concerning the real property located at ~5~3 THIRD STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JERAMIE JOHNSON 523 THIRD STREET WEST FAIRVIEW, PA 17025 TONYA FAIR 523 THIRD STREET WEST FAIRVIEW, PA 17025 2. Name and address of Defendant(s) in the judgrnent: 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) None 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) Household Realty Corporation 25 Gateway Drive, Gateway Square, Ste 107 Mechanicsburg, PA 17055 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: SaBle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 523 THIRD STREET WEST FAIRVIEW, PA 17025 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. February 11, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S/1/I TO HOMESIDE LENDING, INC. Plaintiff, JERAMIE JOHNSON TONYA FAIR Defendant(s). TO: JERAMIE JOHNSON 523 THIRD STREET WEST FAIRVIEW, PA 17025 CUMBERLAND COUNTY No. 03-654g CIVIL TERM February 11, 2004 TONYA FAIR 523 THIRD STREET WEST FAIRVIEW, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY1NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 523 THIRD STREET, WEST FAIRVIEW, PA 17025, 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 $64,059.60 obtained by WASHINGTON MUTUAL BANK, FA, S/HI TO HOMES1DE LENDING, INC. (the mortgagee) against you. In the event the sale is continued, an mmouncement 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. 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 SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 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 AfL THAT CERTAIN piece or parc~! of ]n~cl slmate in ~ ~mu~ of W~ Pa~inw ~ ~t Pe~sb~, ~ty of ~ ~ C~mon~ of ~nn~l~ia, m~e ~di~i~ly ~ ~ BEOINNING at a point 210 feet Northwest of Locust Sheet and lhe F..sstern side of Third Slrect and the $onthwestem comer of'lot now or ]llto of It. W. I~oFpenhst~o~r, it beln~ onc4ialf of'Lot No. 40 in IVlay's Second Addition to Wc=~d. l~vtew; ~e~e l~ a No~mstern oottt~ ~o~g mi~ Lot, 111 foot to an ahoy; ~ alonS said alley in a $0otbeas~m dimciion 15 f,~:~ to a corncr of ~ Lot No. 40: tbmc~ tbrott~ d2e cen~r ~said Lo~ No. 40 in a $outhwes~ra c~ucse 11.2 feet. m~e o~ less. to Third Slreel and thc, fl~e in a Northwesi~r. direction along Third ~ 15 feet t~ th~ ptac~ ot' beginning. BEING the 5outhea'n one-half of Lot No. 40 bi May's ~ AddRlofl to the Town of We~ Fairview as roaor4ed in the Cam~rlancl Coafl~ Rooorder's Offic~ in ['tan Hook t, Pog¢ 54. HA. VINO Ihexeon erected a one-I~df of a doable townhouse ['nown ard tmmbered ss 523 Thint Street. riilbi Of survivorship b~ Deed fron~ Winflifred P. McCoy, daied 11/Z4/I!~9 and reco~ed 11!~0/1999 in ~ ~ 212, Pa~e 151. PROPERTY ADDRESS: 523 THIRD STREET, WEST FAIRVIEW, PA 17025 TAX PARCEL: # 45-17-1044-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ' NO 03-6544 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC., Plaintiff (s) From JERAMIE JOHNSON AND TONYA FAIR (I) 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 attachraent 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 fmmd in the possession of anyone other than a named garnishee, you are directed to notify h/m/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $64,059.60 L.L. $.50 Interest FROM 2/11/04 TO 6/9/04 (PER DIEM - $10.53) - $1,253.07 AND COSTS Aity's Comm % Atty Paid $136.35 Plaintiff Paid Date: FEBRUARY 18, 2004 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary. REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 A~omey for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy Real Estate Sale #52 On March 04, 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 523 Third Street, West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. March 04, 2004 By:,~J ~ c~'~ ~ Date: Real Estate''~ Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 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 iP,-Miscellaneous Book "M', Volume 14, Page 317. /,~ .~ ................... ............................................................. COP Y Sworn to anc~subscr')bed b~fore m~.)s 28th day ~,/M~y~ A.D. ~ N~yCommis~on ExpireS My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs I~E~, To THE PATRIOT-NEWS CO., Dr. i~=t~,~..__(~t. ~.e.~:,~ For publishing the notice or publication attached ~__~,~,~__~a~.~ .~_~aa~.~' hereto on the above stated dates ~L~as~??~O~ Publisher's Receipt for Advertising Cost ~s~ ... ~i~ ~ 1"~1 ~ h' '- I ~R ~ ~,, . - ~'~e~/~r . puD'sner or ~ne Patriot-News and The Sunday Patriot-News newspapers of general circu a¥ion, i~e'~e~yf ~C,,,~/Kf~Jge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. I784 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 thc 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 thc same as was printed 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 statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~ ES'I'ATE 8ALE NO. 52 Writ No. 2003-6544 Civil Washington Mutual Bm.k, s/i/i to Homeside Lending, Inc. VS. Jemrrrie Johnson and Tonya Fair Atty,: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN piece or par - eel of land situate in the Borough of West F~irvie~ now East Permsboro Twp., County of Cumberland and Commonwealth of Pennsylvania, more particularly hounded and de- scribed as foBow~: BEGINNING at a point 210 feet Northwest of I~cust Street and the Eastern side of ~-t~rd Street and the ~outhwestern comer of lot no~v or late of H. W. Koppenhaffer, it being one-half of Lot No, 40 in May's Sec- e Coyne, Efitor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Nota[y Publi~ Carlisle Bom, Cumberland County My Commiss{on Expires March 5, 2005