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HomeMy WebLinkAbout04-0613FEDERMAN 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/B/M TO BANK UNITED 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff GARY SEELING DEBRA M. SEELING 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq -- ~1~ 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. C~ERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 87380 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 87380 Plaintiffis WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED 1 I200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 The name(s) and last known address(es) of the Defendant(s) are: GARY SEELING DEBRA M. SEELING 415 FAIRWAY DRiVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/15/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FOUNDATION FUNDING GROUP, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1458, Page 929. By Assignment of Mortgage recorded 08/18/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 622, Page 599. 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 09/01/2003 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 #: 87380 The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 02/11/2004 (Per Diem $15.60) Attorney's Fees Cumulative Late Charges 05/15/1998 to 02/11/2004 Cost of Suit and Title Search Subtotal $81,388.02 3,042.00 1,250.00 123.88 $ 550.00 $ 86,353.90 Escrow Credit - 974.98 Deficit 0.00 Subtotal $- 974.98 TOTAL $ 85,378.92 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 85,378.92, together with interest from 02/11/2004 at the rate of $15.60 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE,JP~AN AND PHELAN, LLP. /~/~7/~ By: ~//4sTFraficis S. Hallinan FRA/qK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIP,~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 87380 PP.I~ISE$ ON: 415 FAIRWAY DRIVE VERIFICATION FRANCIS S. HAl L/NAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, th:~t Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to m~tlce this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in thc ~'oregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are tree and correct to the best of its knowledge, information ~d belief. Furthermore, it is counsel's intention to substitute a verification from PlaintiW as soon as it is received by counsel. The undersigned understm~ds that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating t~ unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2004-00613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SEELING GARY ET AL BRYAN WARD Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SEELING GARY DEFENDANT , at 1545:00 HOURS, at 415 FAIRWAY DRIVE MECPL~NICSBURG, PA 17055 GARY SEELING 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 17th day of February by handing to together with - MORT FORE 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~,~ day of othonotary So Answers: R. Thomas Kline 02M8/2004 FEDERMAN & PHELAN SHERIFF'S RETURN - CASE NO: 2004-00613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SEELING GARY ET AL REGULAR BRYAN WARD Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SEELING DEBR31M DEFENDANT , at 1545:00 HOURS, at 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 GARY SEELING, ADULT IN CHARGE a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of February by handing to together with true and attested copy of COMPLAINT - MORT FORE 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this J $.~.,t day of A. D. honorary -- So Answers: R. Thomas Kline 02/18/2004 FEDERMAN & PHELAN By: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, GARY SEELING DEBRA M. SEELING Defendant(s). : NO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION 04-613 CIVIL TERM 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 GARY SEELING and DEBRA M. SEELING, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest f~om 2/12/04 to 3/23/04 TOTAL $85,378.92 $639.60 $86,018.52 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. 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 (715) 563-7000 WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED Pldmtiff VS. GARY SEELING DEBRA M. SEELING Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DIVISION CUMBERLAND COUNTY NO. 04-613 CML TERM TO: GARY SEELING 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 9, 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 (21'~) 56%7000 WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED Pla'tariff VS. GARY SEELING DEBRA M. SEELING Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 04-613 C1VIL TERM TO: DEBRA M. SEELING 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 9, 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 ~rIE 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF' CASE NO: 2004-00613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CI/MBERLAND WASHINGTON MUTUAL BANK FA VS SEELING GARY ET AL ~RN - REGULAR BRYAN WARD , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE SEELING GARY DEFENDANT , at 1545:00 HOURS, ab 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 GARY SEELING a true and a~ttested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of February , 2004 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 35.59. 02/18/2004 FEDERMAN & PHEI2kN Sworn and Subscribed to before By: ~ /A / / me this ~ day of ... ~. t ~eputy Sheriff ~ : A.D. Prothonotary SHERIFF' CASE NO: 2004-00613 P ~OMMOIq~EALTH OF PENNSYLVg2q'IA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SEELING GARY ET AL RN - REGULAR BRYAN WARD , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon SEELING DEBRA M the DEFENDANT , at 1545:00 HOURS, on the 17th day of February , __ at 415 FAIRWAY DRIVE MECHANICSBURG) PA 17055 by handing to GARY SEELING, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, together with 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 02/18/2004 FEDERMAN & PHELAN By: 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 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED 11200 WEST PARKLAND AVENUE Plaintiff, GARY SEELING DEBRA M. SEELING Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-613 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 GARY SEELING is over 18 years of age and resides at, 415 FAIRWAY DRIVE, MECHANICSBURG, PA 17055. (c) that defendant DEBRA M. SEELING is over 18 years of age, and resides at, 415 FAIRWAY DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of I Department of Defense Manpower Data Center MAR-23-2004 06:18:36 Military and Sailors' Civil Relief Act of 1940 ri(Last Name ]First Middle [Begin Date IActive Duty Status I Service/AgencySEELING 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 source 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.helpdesk~osd.pentagon.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/owa/sscra.prc_Select 3/23/2004 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OMilitary Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 s~ELEa~tlNN?e ]First [Middle I BeginDate [ Active Duty Status Currently not on Active Military Duty, based on the Social Security Number and last name provided. MAR-23-2004 06:20:00 Service/Agency 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 source 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.helpdesk~osd.pentagon.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/owa/sscra.prc_Select 3/23/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOFIN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED Plaintiff, GARY SEELING DEBRA M. SEEL1NG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-613 CIVIL TERM 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: (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 WASmNGTON MUTUAL BANK, FA, S/BfM TO BANK UNITED Plaintiff, GARY SEELING DEBRA M. SEELING Defendant(s). No. 04-613 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/24/04 to SEPTEMBER 8, 2004 (per diem -$14.14) TOTAL $86,018.52 $2,389.66 and Costs $88,408.18 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL TI-IAT CERTAIN ~t or l~trcel of land nnd p~, situate, lying ~ ~g ~ ~ T~ of ~ ~ ~ ~ ~ ~ a~ Co~]~ of ~ylv~, m~ p~ly d~ ~ follows: BEGINNLNG at a point on the Sou~em ~ide of Fahwny Drive a 50 Foot wide strew; ~hence ~lo~g the Southorn side of Fah'w~y Drive No~h 55 degr~s O0 ~ O0 secot~s P~,~ a dislnn~ of 105 f~t to point on ~ Southern side of Fn~v~y Drive and Lo~ No. 104; ~e~ ~long Lot No. 104 South 35 ~ingree$ 00 minm~ Eest 142.8t feet m point al lot No. 88; thence along Lm No. ~, So, ih $$ degrees 38 ~-h~utes 53 secon~ West 105.03 fee~ to a point as Lo~ No. 89, then~ slong Lot No. 102 North 35 de[p~s 00 m~nnt~s west 14~.29 fee~ to a point on th~ Soutl~m side of Fairv~y Drive and th~ place of BEING Lm No, 103 Monroe ~ a~ shown on Section 'C," in ac, c. ordan~ with a surwy by L~sen & Britha~t, Inc. Re~steted Sur~yo~s, dn~.d May I0, 1971, and receded in the Cttm~rl~md Coy R~..order's Ofl'sce in Plan [look 22, Page 98. HAVI~G t~reo~ ese~d a dwe~lin~ ~ 415 Fairway Drive. TI/I'LE'TO SAID PREMISES I~ ~D IN Can? See[ing nnd Debm M, ~lin~, hmh~nd nnd wife by Deed fr~n Oaty See. ling and De~a M. Seeling. husband a~l wife dated $/15/1998 altd recorde~ 6/5/1998 in Record Book 178 Page 787. Tax Parcel #22-29-2463-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-613 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/B/M TO BANK UNITED, Plaintiff {s) From GARY SEELING AND DEBRA M. SEELING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a gar~fishee and is enjoined as above stated. Amount Due $86,018.52 L.L. $,50 Interest FROM 3/24/04 TO 9/8/04 (PER DIEM - $14.14) - $2,389.66 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $133.59 Other Costs PlaintiffPaid Date: MARCH 24, 2004 (Seal) CURTIS R. LONG Prothono~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED Plaintiff, GARY SEELING DEBRA M. SEELING Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-613 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANI~ FA, S/BfM TO BANK UNITED, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipc for the Writ of Execution was filed the following information concerning the real property located at ,415 FAIRWAY DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARY SEELING 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 DEBRA M. SEELING 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 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: Salne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name amd address of last recorded holder of every mortgage of record: Nalne 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 plaintiffhas 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) 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 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 unswom falsification to authorities. March 23, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, S/BfM TO BANK UNITED Plaintiff, GARY SEELING DEBRA M. SEELING Defendant(s). TO: GARY SEELING 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 04-613 CIVIL TERM March 23, 2004 DEBRA M. SEELING 415 FAIRWAY DRIVE MECHANICSBURG, PA 17055 **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 A GAINST PROPERTY. ** Your house (real estate) at, 415 FAIRWAY DRIVE, MECHANICSBURG, PA 17055, 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 $86,018.52 obtained by WASHINGTON MUTUAL BANK. FA, S/B/M TO BANK UNITED (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page 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 VOtERE 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 ALL TI-IAT ~TAIN tract or parcel of land nmi prentice, situ~e, lying nmi b~ini in ~ Tovm~ip of Monroe in the County of Cumberland n~t C~mmonweal~ of P~nsylvania, mine particularly described as follows: BEGINNING nt a point on the Somhern side of Fatr~ny Drive a 50 Foot wide s~'ee~; fl~ence along the Southern side of Fairway Drive NotCh 55 de~ees O0 minme~ 00 seconds En~ a dl,annc~ of 105 feet to a point on the $outhcm ~ide of Fairway Drtv~ ~ Lo~ No, 104; ~el~ alol~ Lot No, 104 ~ ~5 <tegre~ 00 minut~ Ea~ 142.8t fe~t to point a~ lot NO, 88; tlxmee alon~ ~ No. 88, ~outh 53 de~re~ 38 mlnnm~ 53 mc, ondz West 105.~ feet to a point as Lo~ No. 89, ~en~e along Lot No, 102 North 35 degrees O0 mlnut~ west 145.29 feet to a point ol~ the Southern zide of Fatrv~y Drive and the place of BEING Lot NO, 103 Monroe Acr~ ~ shown on Section 'C,' in accordan~ with a survey by Larscn & ltfilhnrt, Inc. Register'ed $mveyors, dn~d ~ 10, 1971, and mcauled in the Cumberland Coumy P,~ord~r'~ OIT~c~ in Plan Book 22, Page 98. HAVI~G t~ereon erected a dweiltn$ numbered 415 Fairway l~ivc. 'l't'l't,E TO BAlD PRF~MI~ES IS VESTED IN Gnvj Seeling nnd Detain M~ Seeling, hugannd and wife by ~ ft~n Oa~'y See. ling and Derma M. Se~ing, Imsband a~t wife dated .~/1.~1199g and recorded 6/5/1998 in Eeco~ Book 178 Page ?87. Tax Pared #22-29-2463-026 04/19/04 M0N 11:31 FAX 215563~009 F & P - EDNA FEDERMAN AND PHELAN, L,LP. One Penn Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 ~ 001 Peter J. Tremper Legal A~sistant, Ext. 1481 Representing Lenders in Pennsylvania and New Jersey April 19, 2004 Office of the Sheriff Clm~berland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY FAX: 717-240-6~' WASI-IINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED v. GARY SEELING & DEBRA M. SEELING No. 04-613 CIVIL TERM Premises: 415 FAIRWAY DRIVE, MECHANICSBURG, PA 17055 DearJody: Please STAY/he Sheriffs Sale of.the above referenced property, which is scheduled for 9/8/04_. The sum of$11,700.58 was received in consideration for the stay. Please return the original writ of execution to the Prothonotary as soon as possible. Very truly yours, Peter J. Tremper