Loading...
HomeMy WebLinkAbout04-0449· FEDE,RMAN 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. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff MICHELLE L. SMITH 36 STONE RUN DRIVE MECHANICSBURG, PA 17050 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL 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 #: 86442 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 WR1TTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 864~2 Plaintiffis WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, W1 53224 The name(s) and last known address(es) of the Defendant(s) are: MICHELLE L. SMITH 36 STONE RUN DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/30/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1815, Page 4068. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 10/01/2003 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 #: 86442 The following amounts are due on the mortgage: Principal Balance Interest 09/0 l/2003 through 01/29/2004 (Per Diem $25.72) Attorney's Fees Cumulative Late Charges 05/30/2003 to 01/29/2004 Cost of Suit and Title Search Subtotal $197,698.91 3,883.72 1,250.00 233.34 $ 550,00 $ 203,615.97 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 203,615.97 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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 notice 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. Ttfis 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 $ 203,615.97, together with interest from 01/29/2004 at the rate of $25.72 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclostzre and sale of the mortgaged property. FEDE1LMAN AND PI,3gLA, N,LLP ( l~..l ll By: /~/~.~I~1~3i3i~~'~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File it: 86442 ~ T~T u~-~=~IN lot in the property k~own, named and identified in the Declaration referred to below as ~Walnut Point, a Plan~ed Community," located in Silver Spring Township, CumBerland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Cora~unity Act, 68 Pa. C.S.A. ~510i et ~eq., as a~ended, by the recording in =he'~ffice of the Recorder of Deeds of Cumberland County, Pennsylvania, ~he Declaration for Walnut Point, a Planned Community ("Declaration"), dated June 17, 1998, recorded June 18, 1998, in Miscellaneous Book 579, Page 882, being and designated in such Declaration as Lo~ NO. 28 (Identifying Nur~ber), described in Section 2.2 of the Declaration and shown (and described) in Exhibit F of the Declaration. PROPERTY ADDRESS: 36 STONE RUN DR~E 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 w/thin 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 - OUT OF COUNTY CASE NO: 2004-00449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SMITH MICHELLE L R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT SMITH MICHELLE L but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, - MORT FORE He therefore Pennsylvania, to On March 23rd , 2004 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 29.25 .00 54.25 03/23/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this ~9 ~ day of ~ ~90~ A.D. , i Prothonotary this office was in receipt of the So answe.r~ R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2004-00449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SMITH MICHELLE L - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT SMITH MICHELLE L but was unable to locate deputized the sheriff of serve the , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: Her in his bailiwick. YORK County, within COMPLAINT - MORT FORE He therefore Pennsylvania, to On March 23rd , 2004 attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 40.00 .00 65.00 03/23/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this ~ day of ~ / Prothonot aT!/ ~ this office was in receipt of the So answers: / /-~-_/ R. ~Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - REGULAR CASE NO: 2004-00449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SMITH MICHELLE L ROBERT BITNER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SMITH MICHELLE L DEFENDANT , at 1105:00 HOURS, on the at 36 STONE RUN DRIVE MECHANICSBURG, PA 17050 PATRICIA MCNEIL, IN-LAW, a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of February , 2004 by handing to ADULT IN CHARGE - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 6.90 ~ ~ ~ 9 ,~/-/~ Af f idavi t .00 ~f~'~ ~ Surcharge 10.00 R. Thomas Kline .00 34.90 03/23/2004 FEDERMAN & PHELJtN Sworn and Subscribed to before me this Jig ~ day of ~ ~UP% A.D. PrOthonotary ~ / ~ lin 5 b~ Cour~ of Common P~eas of Cumberland County, Penns34van~a Washington Faatual Bank VS. M±chelle L. Sra±th SEI~VE: s~me No. 04-449 civil How, February 4, 2004 , I, SHEIL[FF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of vaugh~ County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 at o'clock __ M. served the within upon by handing to a and made known to Sworn and subscribed before me this __ day of ,2O copy of the original the contents thereof. So answers, . ~ '-- Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin WASHINGTON MUTUAL BANK vs : SMITH MICHELLE L Sheriff's Return No. 0801-T - -2004 OTHER COUNTY NO. 04-449 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for SMITH MICHELLE L the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 24, 2004 PER SHAWN SHEPARD AT ADDRESS, DEFT IS FAMILY FRIEND BUT HAS NEVER LIVED HERE. SHE LIVES IN ENOLA (ADDRESS UNKNOWN), HE HAS GIVEN DEFT OUR CARDS TO CALL Sworn and subscribed to before me this 25TH day o FEBRUARY, PROTHONOTARY So Answers, Sheriff of Dauphin Cour~;~, Pa. Sheriff's Costs: $29.25 PD 02/10/2004 RCPT NO 188245 GM COUNTY OF YORk OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN SERVICE CALL (717) 771-9601 1. PLAINTIFF/S/ 2 COURT NUMBER 04-449 c±vil W'ASHINGTON MUTHAL EAN~ t F o A. 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/SI MICHELLE L. SMITH MORTGAGE FORECLOSURE SERVE ~" 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A3q'ACHED, OR SOLD MICHELLE L. SMITH 6. ADDRESS (STREET OR RFO W1TH BOX NUMSER, APT NO., CITY, BORO, TINP, STATE AND ZIP CODE) AT 100 VILLAGE ROAD ETTERS PA 17319 7. INDICATE SERVICE: O PERSONAL t~ PERSON IN CHARGE ~ DEPUTIZE [~ CERT. MAIL ~ 1 ST CLASS MAIL Q POSTED ~1 OTHER NOW February 4 ,20 04 I, SHERIFF OF ~II~COUNTY, _PA~.~do.J~ereby deputiz/e..~,~., heriff of York COUNTY to execute this to law. This deputization being made at the request and risk of the plaintiff. '7 ..... SHERIFF 8 SPECIAL INSTRUCTIONS OR OTHER INFORMAnON THAT WILL ASSIST IN EXPEDITING SERVICE: C~mber±ano out of county-CUMBERLAND Please mail refund and return of service to C%~berland County Sheriff ADVANCE FEE pd by SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under ~$shin writ may leave same without a watchman, i, custody of whomever is found in possession, after notifying person of levy or attachment, without liabilily on the pad of such deputy or the sheriff to any p~aintJff herein for any loss, destruction, or removal of any property before sheriffs sale thel~.~n ~ ~? & PHELAN PHILADELPHIA PA 19103 2-3-04 12, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW~ (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF 13, I acknowledge receipt of the writ R · AHRENS ~n. DATE RECEIVED 15. ~Heanng Date or complaint as indiCated above. 2 - 5 - 0 4 3- 4- 0 4 16. HOWSERVED: PERSONAL ( ) RESIDENCE~k, POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER (~ SEE REMARKS BELOW 17. [~ I hereby certify and return a NOT FOUND because ! am unable to IDeate the individual, company, etc. named above. (See remarks below.) ~A~--~`~`"~TiTLE~F~V~"`^~SI`:~%`~D~ISTA~R~SSH~RE~Fh`~7H~wNA~E`~st~o"$`i"t~``Defo"d`~t) ×__. < I"' Ti . Mil.. ID.t. Ti.. Mi.., ~~,,,""~'-~"l~i,-J,~l',:,'~.- ~'~-,',,AT.~,IMi,e,r/,~..ID,teTime.~Mile, Int. Date Time M~e$, Int. In, Int. 22 REMARKS: Adv n Cost 2 25 6 8 Iai Po n 30 N ursh ts D 34. Eoretgn C~o~ Cos~;~v?~c~ COS, J 36. Service COSts 137. Nota, Cert I .~ileage/P~ta,e~Not~ou nd I. WHITE * IsSuing Authority 2. PiNK - Attorney 3 CANARY - Sheri~s Office 4. BLUE - Sheriffs Office 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. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, MICHELLE L. SMITH 100 VILLAGE ROAD ETTERS PA 17319 * De~ndant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : : NO. 04-449 CIVIL 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 Plaintiff and against MICHELLE L. SMITH, 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 1/30/04 to 4/16/04 TOTAL $203,615.97 $2,006.16 $205,622.13 W// 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 * 4-19-04 Per telephone ~ore~rsation with Peter J. T~ca,~J~r f:rcm 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 (~{S) $63-7000 WASHINGTON MLrI'ULA BANK, F.A. Plaintiff Vs. MICHELLE L. SMITH DefendantS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 04-449-CML TO: MICHELLE L. SMITH 100 VILLAGE ROAD ETTERS, PA 17319 DATE OF NOTICE: MARCH 31, 2004 ..... '. COPY 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 1N 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 LIBERTY AVENUE CARLISLE, PA 17013 (717) 24%3166 ~~FEDE~RMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 I~&WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (~s) $63-?ooo WASHiNGTON MUTULA BANK, F,A. Plaint/iF VS. MICHELLE L. SMITH Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 04449-CML TO: MICHELLE L. SMITH 36 STONE RUN DRIVE MECHANICBURG, PA 17050 CO y DATE OF NOTICE: MARCH 3 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 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~FEDERI~AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL[NAN, 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. 11200 WEST PARKLAND AVENUE Plaintiff, MICHELLE L. SMITH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-449 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 MICHELLE L. SMITH is over 18 years of age and resides at, 100 VILLAGE ROAD, ETTERS, PA 17319. 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 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center APR-16-2004 05:22:39 Military ',tatus Report Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official soume of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.hel dRd~.~on.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owaJsscra.prc_S elect 4/16/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, M1CHELLE L. SMITH Defendant(s). : No. 04-449 CIVIL TO THE DiRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/17/04 to SEPTEMBER 8, 2004 (per diem -$33.80) TOTAL $205,622.13 $4,901.00 and Costs $210,523.13 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA l 9103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ~ THAT CERTAIN LOT IN THE PROPERTY KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION REFERR~n TO BELOW AS "WALNUT POINT, A PLANNED C~i~NITY," LOCATED IN SILVER SPRING TOWNSHIP, CUMBERLAND ~OUNTY, P~NSYLVANI_A, WHICH ~ HERETOFORE BEEN Sb-BMITTED TO THE PROVISIONS OF THE P~NSYLVANIA UNIFORM PLANR*~U CO,UNITY ACT, 68 PA. C.S.A. 5101 ET SEQ., A~ 2~/4~D, BY THE RECORDINO IN THE OFFICE OF THE RE~ORDER OF DERDS OF CUMBE~ COUITI~Y, PENNSYLVANIA, THE DECLARATION FOR WALNUT POINT, A PLANNRD (X)NMUNITY ("DEC/.J~D. ATION"), DATED JUNE 17, 1998, RECORDED O~NE 18, 1998, IN MISC~rr.?.~NEOUS BOOK $79~ PJ~3E 882, BEING AND DESIQNAT~) IN SUCH DE(X~ARATION A.9 LOT NO. 28 (IDENTIFYING NUMBER) , DESCRIBED IN SECTION 2.2 OF THE DECIJ~D. ATION J~ND SHOWN (AND DESCRIBED) IN E,~HIBIT F OF THE DEC~JARATION. BEING TH~ SAME PI~OPENYY ~Oh-V~"/ED TO MICH~J.E L. SMITE, BIN~LE IEDIVIDUAL BY DEED FROM WT~J.IJ~M H. QOODLING ~ K~.T.Y J. QOODLING, HUSBAND Aha) WIFE RECORDED 06/09/2003 IN DEED BOOK 257 PA~E 2446 TAX ID~ 38-08-9555-050 ORDER NO. 1537950 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-449 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. Plaintiff (s) From MICHELLE L. SMITH, 100 VILLAGE ROAD, ETTERS PA 17319. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 36 STONE RUN ROAD, MECHANICSBURG PA 17055 (SEE LGAL 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 garmshee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garmshee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $205,622.13 L.L.$.50 Interest 4/17/04 TO 9/8/04 ~ $33.80 per diem = $4,901.00 Atty's Comm % Atty Paid $236.15 Plaintiff Paid Date: APRIL 19, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Due Prothy $1.00 Other Costs CURTIS R. LONG Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 WASHINGTON MUTUAL BANK, F.A. Plaintiff, MICHELLE L. SMITH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04449 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., 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 concerff~ng the real property located at, 36 STONE RUN ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE L. SMITH 100VILLAGE ROAD ETTERS, PA17319 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgmem is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSQUEHANNA OIL INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER UNITED STATES DEPT. OF JUSTICE US ATTY-MIDDLE DIST. OF PA ATTN: MARY CATHERINE FRYE, ESQ. ASSISTANT U.S. ATTORNEY PO BOX 700 DILLSBURG, PA 17019 13TM FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 FEDERAL BUILDING, 228 WALNUT ST. P.O. BOX 11754 HARRISBURG, PA 17108 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaimiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 36 STONE RUN ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 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 unsworn falsification to authorities. April 16, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney 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. Plaintiff, MICHELLE L. SMITH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-449 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 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 unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. : Plaintiff, : MICHELLE L. SMITH : Defendant(s). : TO: MICHELLE L. SMITH 100 VILLAGE ROAD ETTERS, PA 17319 CUMBERLAND COUNTY No. 04-449 CIVIL April 16, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 PROPERTI5 ** Your house (real estate) at, 36 STONE RUN ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $205,622.13 obtained by WASHINGTON MUTUAL BANI~ F.A. (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 SherifI~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 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 attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. l. If the Sheriffs Sale is not stopped, your property will he 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 Sheriff the 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 Sheriffgives 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 SCB ~:~ JULE "A" ~ THAT CERTAIN LOT IN THE PROPERTY KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AS "WDJ. ANrGT POINT, A PLANNED COMI~3NITY," LOCAT~ IN SILVER SPRING TOWN~HIP, CIAWBEIALAND COUNTY, P~SYLVANI-A, WHICH HA~ HERETOFORE BEEN SUBMITTED TO THE PROVISIONS OF THE PENNSYLVANIA UNIFORM PI~uNNED CO~4UNITY ACT, 68 Pa. C.S.A. S101 ET S~Q., AS /~M~ED, BI' THE RECORDING IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERI~LND COUNTY, PI~]NSYLVANIA, THE DEC'LARATION FOR Wi~LNUT POINT, A PLANNED CCg~4UNITY ("DECL4%I~ATION"), DATED JUNE 17, 1998, I~]~-COEDED ~ 18, 1990, IN MISC~r.?.~NEOUS BOOK 579, PA~E 882, BEING AND DESIG~qATED IN SUCH DECLARATION AS LOT NO. 28 (ID~IFYING NUMBER), DESCRIBED IN SECTION 2.2 OF ~ DEC~.~RATION AND SHOWN (AND DESCRIBED) IN EXHIBIT F OF THE DECI~a. RATION. BEING T~E SAME PROPERTY CONVEYED TO MICE~"~.LE L. SMITH, SINGLE INDIVIDUAL BY DEED FROM WrLT.IAM H. GOODLING AND F~.?.Y J. GOODLING, HUSBAND AND WIFE RECORDED 06/09/2003 IN DEED BOOK 257 P~E 2446 TAX ID~ 38-08-9565-050 ORDER NO. 1537950 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WASHINGTON MUTUAL BANK, F.A. MICHELLE L. SMITH SERVE MICHELLE L. SMITH AT 100 VILLAGE ROAD ETTERS, PA 17319 CUMBERLAND COUNTY PJT No. 04-449 CIVIL ACCT. #612553610 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 8, 2004 SERVED Served and made known to ~/~/~/~a a/<"d/)*/W-.. /, Defendant, onthe at S :;To'clock/em.,at of Pennsylvania, in the manner described below: o f a~/~,/7 __, 200_, Commonwealth Defendant personally served. ~ , __~/' Adult family member with whom Defendant(s) reside(s). Relatiot~nip is ~.~' t.,4--- ~/ y-~'(~.a~ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). ____Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age fl'~O~'~ Heightt~_q Weight ¢xqt~tg' Race ~' Sex ~ Other I, /~a J~.-~,J/~--'~'-/'~'~'/'~dcompetent adult, being duly sworn according to la;v, depose and state that I personally handed a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL Sworn to and subscribed 5!~,'ARD CARL GUMPPER, JR,, NOTARY PUBLIC ~T before me thi~'~_ day // ~ ~ ~2,~, MANCHESTER TWP., COUNTY OF YORK of .~'3~.,"~ ?'~O~d ~ ~//~ ,4~ COMMISSION EXPIRES DECEMBER 9, 2006 Notary~-~ By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: / / Time: Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this __ day of__ _, 200 . Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Washington Mutual Bank, F.A. VS Michelle L. Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-449 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 4,219.29 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Levy 15.00 Mileage 6.66 Surcharge 20.00 Out of County 9.00 York County 98.75 Law Journal 204.95 Patriot News 72.26 Share of Bills 30.49 $4,737.90 Sworn and subscribed to before me So Answers: 2004, A.D. (~]~. _ ~ ~-ig'--,, ~ R. Thomas Kline, Sheriff Prothonotary Real sF~te Deputy WASHINGTON MUTUAL BANK, F.A. Plaintiff, MICHELLE L. SMITH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-449 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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, 36 STONE RUN ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE L. SMITH 100 VILLAGE ROAD ETTERS, PA 17319 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 r~asonably ascertained, please indicate) SUSQUEHANNA OIL INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER UNITED STATES DEPT. OF JUSTICE US ATTY-MIDDLE DIST. OF PA ATTN: MARY CATHERINE FRYE, ESQ. ASSISTANT U.S. ATTORNEY PO BOX 700 DILLSBURG, PA 17019 13TM FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 FEDERAL BUILDING, 228 WALNUT ST. P.O. BOX 11754 HARRISBURG, PA 17108 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 thc sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cam~ot be reasonably ascertained, please indicate) 36 STONE RUN ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 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 infom~ation 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 16, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. : Plaintiff, : MICHELLE L. SMITH : Defendant{s). : TO: MICHELLE L. SMITH 100 VILLAGE ROAD ETTERS, PA 17319 CUMBERLAND COUNTY No. 04-449 CIVIL April 16, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA gE PREVIOUSLY RECEIVED A DIS'CHARGE IN BANKRUPTCY AND THIS' DEBT WAS NOT REAFFIRAdED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN.4 TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 36 STONE RUN ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $205,622.13 obtained by WASHINGTON MUTUAL BANK, F.A. (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 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 attorney.) 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 Sheriff the 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 yotl. 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 disthbution is filed. 7. You may also have other fights 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 SCHEDb-~E "A" ALL THAT CERTAIN LOT IN THE PROPERTY ~I~OWN, NAMED AND IDENTIFIED IN THE DECL4%P. ATION REFERRED TO BELOW AS "WALNUT POINT, A PLANNED CO~4MUNITY," LOCA'£F.U IN SILVER SPRING TOWN~HIP, CUMBERLAND ~OUNTY, Pf~NSYLVANI. A, WHICH HA~ HERETOFORE BE~ SUBMITTED TO THE P~%OVISIONS OF THE PENNSYLVANIA UNIFORM PIJ~NNED COM~-ITY ACT, 60 PA. C.S.A. 5101 ET S~Q., AS AME~)ED, BY THE RECORDING IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, P~]NSYLVANIA, THE DECLARATION FOR WAL~NUT POINT, A PLANNED C(~9~MDNITY ("DECL~/~ATION"), DATED J~3NE 17, 1998, RECORDED d~]NE 18, 1998, IN MISC~.LZ%]EOUS BOOK 579, PAGE 882, BEING AND DESIGNATED IN SUCH DECfu~uqATION AS LOT NO. 28 (ID~IFYING NUMBER) , DESCRIBED IN SECTION 2.2 OF THE DECLARATION AND SHOWN (AND DESCRIBED) IN EXHIBIT F OF THE DECLARATION. BEING THE SAME PRDPERTY C~ TO MICH~.LE L. SMITH, SINGLE IEDIVIDUAL BY DE~I) FROM W]7.I,IAM H. GOODLING AND Kk~.Ly J. GOODLING, HUSBAND AND WIFE RECORDED 06/09/2003 IN DEED BOOK 257 PAGE 2446 TAX ID~ 38-08-9565-050 ORDER NO. 1537950 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTtt OF PENNSYLVANIA) NO 04-449 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. Plaintiff (s) From MICHELLE L. SMITH, 100 VILLAGE ROAD, ETTERS PA 17319. (1) You are directed to levy upon the property &the defendant (s)and to sell REAL ESTATE LOCATED AT 36 STONE RUN ROAD, MECHANICSBURG PA 17055 (SEE LGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s)is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an sub~ect t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to notify trim/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $205,622.13 L.L.$.50 Interest 4/17/04 TO 9/8/04 ~ $33.80 per diem = $4,901.00 Atty's Corem % Arty Paid $236.15 Plaintiff Paid Date: APRIL 19, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Due Prothy $1.00 Other Costs CURTIS R. LONG Prnthon~tary By: ~t,~ Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400, PHILADELPHIA PA 19103~1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale #24 On June 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 36 Stone Run Road, Mechanicsburg, more fully described on Exhibit "A" file.~d with this writ and by this reference incorporated herein. Dgfe: June 10, 2004 Real EstatYDeputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin~ ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Danphin, State of Pennsylvania, owner and publisher of The Pa~iot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July 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 tree; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#24 Membot, P*ans¥1vanlaAssoelatio~,~t~ssion expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 72.26 Publisher's Receipt for Advertising Cost [isher of The Patriot-News and The Sunday Patriot-News, newspapers of general 'ledge receipt of the aforesaid notice and publication costs and cei~ifies 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 thc publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, ~ RSTATE ~U,E NO. 24 Writ No. 2004-449 Civil Washington Mutual Bank, F.A. VS, Michelle L. Smith Atty.: Frank Federman SCHEDULE "A" ALL THAT CERTAIN Lot in the property known, named and identi- fied in the Declaration referred to below as "Walnut Point, a planned community," located in Silver Spring Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. 5101 et seq., as amended, by the record- ing in the Office of the Recorder of Deeds of Cumberland County, Penn- sylvania, the Declaration for Walnut Point, a planned community ("Dec- laration"), dated June 17. 1998, recorded June 18, 1995, in Miscel- laneous Book 579, Page 882~ being f~},~ Marie Coyne, E?itor SWORN TO AND SUBSCRIBED before me this 30 _day of JULY 2004 LOIS E. SNYDER, Notary Public Carlisle Bom, C~mberland County My Commissio~ Expires March 5, 2005 Writ No. 2004-449 Civil Washington Mutual Bank, F.A. VS. Michelle L. Smith Atty,: Frank Federman SCHEDULE ALL THAT CERTAIN Lot in the property known, named and identi- fied In the Declaration referred to below as 'Walnut Point, a planned community," located in Silver Spring Township, Cumberland County, Pennsylvania, whlch has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act. 68 Pa. C.S.A. 5101 et seq., as amended, by the record- ing in the Office of the Recorder of Deeds of Cumberland County, Penn- sylvania, the Declaration for Walnut Point, a planned community ('Dec- laration''), dated June 17, 1998, recorded June 18, 1998, in Miscel- laneous Book 579, Page 882, being and desigaated in such Declaration as Lot No. 28 {identifying number), described in Section 2.2 of the Dec- laration and shown {and described) in Exhibit F of the Declaration. BEING the same property con- veyed to MIchelle L. Smith, single individual hy Deed from William H. Goodling and Kelly J. Goodllng, hus- band and wife recorded 06/09/ 2003 in Deed Book 257 Page 2446. TAX ID #38-08-9565-050. ORDER NO. 1537950, SWORN TO AND 30 _day of JUl LOIS E. SNYDER, ~' Carlisle Boro, Cumb~ My Commission Expir~