Loading...
HomeMy WebLinkAbout01-6924FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED 539 SOUTH 4TH AVENUE LOUISVILLE, KY 40202 Plaintiff LEMUEL P. STURMS DARLA D. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA. 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM CUMBERLAND COU'b CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND AN3 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOI RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO C¢ A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the loll pages, you must take action within twenty (20) days after this Complaint and Notice are si by entering a written appearance personally or by attorney and filing in writing with the c( your defenses or objections to the claims set forth against you. You are warned that ifyot do so the ease may proceed without you and a judgment may be entered against you by th~ without further notice for any money claimed in the Complaint or for any other claim or ri requested by the Plaintiff. You may lose money or property or other rights important to y~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N( HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF! SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 6162870650 'TY JSLY HIS )LLECT }wing rved, ,urt fail to ~ court lief }U. ~T 'ICE 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 AlqTER 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. Plaintiff is WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED 539 SOUTH 4TH AVENUE LOUISVILLE, KY 40202 The name(s) and last known address(es) of the Defendant(s) are: LEMUEL P. STURMS DARLA D. STURMS 309 SKY'PORT ROAD MECHANICSBURG, PA. 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter describe On 10/21/98 mortgagor(s) made, executed and delivered a mortgage upon the pre~ hereinafter described to HARBOR FINANCIAL MORTGAGE CORPORATION mortgage is recorded in the Office of the Recorder of CUMBERLAND County, i~ Mortgage Book No. 1492, Page 391. By Assignment of Mortgage recorded 3/4/9 mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignm Mortgage Book No. 605, Page 782. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest up. mortgage due 12/1/00 and each month thereafter are due and unpaid, and by the t¢ said mortgage, upon failure of mortgagor to make such payments after a date spec written notice sent to Mortgagor, the entire principal balance and all interest due are collectible forthwith. ises which the nt of ~n said rms of [fled by tereon The following amounts are due on the mortgage: Principal Balance Interest 11/1/00 through 10/1/01 (Per Diem $35.56) Attorney's Fees Cumulative Late Charges 10/21/98 to 10/1/01 Cost of Suit and Title Search Subtotal $196,942.40 11,912.60 850.00 619.38 750.00 $211,074.38 Escrow Credit 0.00 Deficit 1,833.03 Subtotal $1,833.03 TOTAL $212,907.41 The attorney's fees set forth above are in conformity with the Mortgage documenl 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' will be charged. This action does not come under Act 6 of 1974 because the original mortgage am exceeds $50,000.00. 10. The Combined Notice has been sent to the Defendant(s) by regular and certified required by 35 P.S. §1680.403c. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Ass Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credi Counseling Agency in accordance with Plaintiffs written Notice to Dele: or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylv Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in th~ $212,907.41, together with interest from 10/1/01 at the rate of $35.56 per diem to the dat. Judgment, and other costs and charges collectible under the mortgage and for the foreclos sale of the mortgaged property. s and fees .unt aail as stance ~dants; ania '~ sum of : of are and /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL that certain lot or tract of land situate in Hampden Township. Cumberland Cou Commonwealth of Pennsylvania, more particularly bounded and described as follo~ tO w~t: BEGINNING at a point on the western dedicated right-of-way line of Skyport Road the dividing line of Lot No. 2 and Lot No. 3; thence by tine of Lot Nc. 3, North 47 degrees 14 minutes 13 seconds .W~est 110.74 feet to a point; thence by line of Lot l and Lot No. 5 Nor:h 39 degrees 5o minutes 14 seconds East. 110.00 feet to a poin the dividing line of Lot No. 2 and Lot No 1; thence by line of Lot No I South 43 degrees 02 minutes 50 seconds East 108.52 feet to a point; thence continuing by s South 35 degrees 38 minutes 00 seconds East 25.00 feet to a point on the western dedicated right-of-way line of Skyport Road; thence by the aforementioned right-of- line Dy a curve to the left having a radius of 1,472.39 feet, an arc lengti'~ of 98.33 a point being the place of beginning. CONTAINING 12,742 square feet, 0293 acres. HAVING erected a two-story dwelling house, known and numbered al g, Pennsylvania. BEING Lot No. 2 on Final Subdivision Plan of Millbank Estates, Phase 1, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland Count' Pennsylvania, in Plan Book 55, Page 7. BEING the same premises which Lemuel P Sturms and Dada D. Sturms, by Deed dated December lB, 1998 and recorded in the Office of the Recorder of Deeds in a~ for Cumberland County, Pennsylvania, in Deed Book 191, Page 438, granted and conveyed unto Lemuel P. Sturms, grantor herein. ~ty, ~t fo. 4 at ~me Nay .~t to VERIFICATION KAREN BATT hereby states that she is VICE PRESIDENT of WASHINGTON MUTUAL BANK, F.A. mortgage servicing agent for Plaintiff in this matter, that he is authoriz~ this Verification, and that the statements made in the foregoing Civil Action are tree and correct to of his knowledge, information and belief. The undersigned understands that this statement is made to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. d to take the best subject FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 ~) 5fi3-7000 WASHINGTON MUTUAL S/B/M TO BANK UNITED Plaintiff vs. LEMUEL P. STURMS DARLA D. STURMS BANK, FA Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County : No. 01-6924 PP4%ECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in with reference to the above captioned matter. Mortgage Foreclosure Date: March 21, 2002 F~~QUIRE Attorney for Plaintiff CZC, SVC DEPT FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 WASHINGTON MUTUAL : BANK, FA S/B/M TO BANK LrNITED Vs. LEMUEL P. STURMS DARLA D. STURMS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-6924 ~,i~,RTIFI~,ATIf~N OF ~F, RVICE I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. LEMUEL P. STURMS at: 309 SKYPORT ROAD MECHANICSBURG, PA 17055 4600 MIRA LOMA DRIVE, APT. 2L RENO, NV 89502 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to nnswom falsification to authorities. Date: Michele M. Bradford, Esquire Attorney for Plaintiff CZC, Svc Dept. H:/Main Forms/motions/coun ty,comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED : VS. LEMUEL P. STURMS DARLA D. STURMS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY NO. 01-6924 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TI-IlS 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. MOTION FOR SERVICE PURSUANT TO Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 309 SKYPORT ROAD, MECHANICSBURG, PA 17055 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". CZC, Svc Dept. H:/Main Forms/motions/county.comp 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of Mar. rJl_ll,,.ll)~ to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WItEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. Michele M. Bradford, Esquire CZC, Svc Dept. H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~1 q) ~a-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED VS. LEMUEL P. STURMS DARLA D. STURMS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY NO. 01-6924 MI~,Mf}R ANIH TM (}ih' I,Aw Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If sen/ce cannot be made under the applicable rule, thc plaintiff may trove the Corm for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gnn'ral~e ¥~ Poli~ 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." a.,1,~.,,~, c~t' Walker. 468 Pa. 165, 360 A.2d 603 (1976). An illustrat/on of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of lnformadon Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinahons of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Remm of Service, attached hereto and marked as Exhibit "A", the Sheriffhas been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp SHERIFF'S CASE NO: 2001-06924 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IURN - NOT FOUND WASHINGTON MUTUAL BANK FA VS STURMS LEMUEL P ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT STURMS LEMUEL P ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE He therefore returns the the within named DEFENDANT , NOT FOUND , as to STURMS LEMUEL P MOVED LEFT NO FORWARDING. BELIEVED TO BE LIVING IN ARIZONA. Sheriff's Costs: Docketing 18.00 Service 7.80 Not Found 5.00 Surcharge 10.00 .00 40.80 R. Thoma~ Kline Sheriff of Cumberland County FEDERMAN & PHELAN 12/13/2001 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBITA PLAINTIFF AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED NO. 01-6924 DEFENDANT SERVE AT: LEMUEL P. STURMS 4600 MIRA LOMA DRIVE, APT. 2L RENO, NV 89502 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action ~ E RVE D Served and made known to , Defendant on the __ day of 2000, at _ o'clock, __. M., at ., City in the manner described below: __Defendant personally served. __Adult family member with whom Defendant{s) reside{s). Relationship is . __Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) __~gent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, , a competent adult, being duly sworn according to law, depose and state that I personally handed to __ a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this __ day Of , 2000. Notary: By: I NOT SERVED On the q~--- day of ~.~ , ~, at o'clock __.M., Defendant NOT FOUND becaJse: Moved Unknown No Answer Vacant Sworn to and subscribed ~e ,-~f~ Before me the day ~ P INTI F~K ~EDE~, ESQUIRE - I.D.~12248 Su[~ ]400 On~ P~ C~mor P[~a ~ Sub~b~ Station CZC, Sw D~pt Philadelphia, PA ] 9103- ~ 799 .EXHIBITA EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attomey Firm: Subject: Federmau & Phelan Lemuei P. Sturms Darla D. Sturms Property Address: Last Known Address: Current Address: Last Known Number: 309 Skyport Road Mechanicsburg, PA 17055 309 Skyport Road Mechanicsburg, PA 17055 309 Skyport Road Mechanicsburg, PA 17055 non-published George H. Lewis, III, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of researcher for EKL DATA, INC. 2. On November 10, 2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Security Number 1. LemueIP. Sturms: 190-56-1636 2. Darla D. Sturms: 179-54-5627 B. Employment Search: Could not locate any employment information for the above named subject at this time. II. III. IV. C. Inquiry of Creditors: The creditors indicated that Lemuel P. Sturms and Darla D. Sturms both reside at 309 Skyport Road, Mechanicsburg, PA 17055. Inquiry of Telephone Company A. Directory Assistance Search: The Telephone Company has Lemuel P. Sturms listed with an address of 309 Skyport Road, Mechanicsburg, PA 17055. The phone number is non-published. Inquiry of Neighbors Contacted John Keck of 311 Skyport Road, Mechanicsburg, PA 17055 and verified that Lemuel P. Sturms and Darla D. Sturms do indeed reside at 309 Skyport Road. Inquiry of Post Office A. National Address Update: As of November 10, 2001 the National Change of Address has no forwarding record for Lemuel P. Sturms and Darla D. Sturms listed at 309 Skyport Road, Mechanicsburg, PA 17055. EXHIBIT"B' EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION Inquiry of DMV The Pennsylvania Department of Motor Vehicles has Lemuel P. Sturms and Darla D. Sturms listed at 309 Skyport Road, Mechanicsburg, PA 17055. VI. Other Inquiries A. Death Records: As of November 10, 2001 the Social Security Death Index has no death record on file for Lemuel P. Sturms under his social security number 1/or is there a record for Darla D. Sturms under her social security number. B. Public Licenses None Found C. County Voter Registration: The county does not have Lemuel P. Sturms listed as a registered voter and does not have Darla D. Sturms listed as a registered voter with an address of 309 Skyport Road, Mechanicsburg, PA 17055. D. D.O.B.: Lemuel P. Sturms: 11/18/1964 Darla D. Sturms: 09/26/1963 E. Miscellaneous Information None Subscribed and sworn before me on November 10, 2001. /,~ ~ C~.~._ / LC,,'),.~:.,-'C.,~ r'- p~len K Lewis, Notary PuOtic [ o qeubtic I Lower'-I~erio~ Twp., Montgomery I -I~ly Commission Exp~'es Feb. 24, EKL DATA, INC. O 66 Brookline Boulevard O Havertown, PA 19083 Tel.: 1-888-829-5768 ® Fax: 610-446-2779 O email: ekl-data~home.com EXHIBIT FEDERMAN AND PHELAN, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 POSTMASTER MECHANICSBURG, PA 17055 Request for Change of Address of Box holder Information Needed f'nr get. ice nf ! eEal Prneegg Please furnish the new address or the name and street address for the following: NAME: STURMS, LEMUEL P. & DARLA D. ADDRESS: 309 SKYPORT ROAD, MECHANICSBURG, PA, 17055 ACCOUNT NUMBER: 6162870650 NOTE: The name and last known address are required for change of address information. The name, i f known, and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 265.5(d)(6)(ii). There is no fee for providing box holder information. The fee for providing change of address information is waived in accordance with 39 CRF 265.5(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. I. CapacityofRequester: ATTORNEY 2. Statute or regulation that empowers me to serve: N/A 3. The names of all parties to the litigation: WASHINGTON MUTUAL BANK; STURMS, LEMUEL P. & DARLA D. 4. The court in which the case has been or will be heard: CCP, CUMBERLAND COUNTY 5. The docket or other identifying number: NOT YET AVAILABLE 6. The capacity in which this individual is to be served: PARTY TO CIVIL ACTION WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION FOR BOXHOLDER INFOP. MATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD KESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 USC SECTION 10Gl) I cerlify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. 1617 John F. Kennedy Boulevard,'S~ ~-00 Philadelphia, PA 19103-1814 FOR POST OFFICE USE ONLY __ No change of address order on file NEW ADDRESS (name & street address): __ Moved, left no forwarding address __ Not known at address given __ No such address P .TOz. __ Good as addressed EXHIBIT "B" VF~RIFI~ATICIN Michele M. Bradford, Esquire, hereby states that she is the Attomey for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2~ s) 56~-70no ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED COURT OF COMMON PLEAS VS. LEMUEL P. STURMS DARLA D. STURMS CIVIL DMSION CUMBERLAND COUNTY NO. 01-6924 ORDER AND NOW, this t~'-- dayof '~"~ ~ ,2002, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) LEMUEL P. STURMS, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 309 SKYPORT ROAD, MECHANICSBURG, PA1705S. ~ ~/~ll~--., A,,Q~) ~ ..~ ~ In0/.aO~ d:~ t:)~yc..~ .ntirmed mailln~.q i~q effective m~n '~-~ ~-'- ° ,'1- 1 ' , CZC, Svc Dept. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 WASHINGTON MUTUAL BANK, FA Plaintiff VS. LEMUEL P. STURMS DARLA D. STURMS Defendant(s) Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 01-6924 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PUR,~IIANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to LEMUEL P. STURMS and DARLA D. STURMS at 309 SKYPORT ROAD, MECHANICSBURG, PA 17055 and 4600 MIRA LOMA DRIVE, APT. 2L, RENO, NV 89502 on ~, in accordance with the Order of Court dated April 1, 2002. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: May ?.g. 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Attorney I.D. No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 WASHINGTON MUTUAL BANK, FA vs. LEMUEL P. STURMS DARLA D. STURMS Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 01-6924 AFFIDAVIT OF S~RVICE BY pg--_~?.ICATION IN ACCORDAi~CE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the attached Court Order dated APRIL l, 2002 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b) in in C~Ri~%I~D C0U1FEY SENTINEL on APRIL 25, 2002 and C~_~n~RLA~D COUNTY LAW JOURNAL on__~_~-~- Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE DATE: May 15, 2002 BYH, Svc Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication April 25, 2002 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. April 30, 2002 Sworn to and subscribed before me this 30th day of April ., 2002. Notary Public My commission expires: NOTARIAL SEAL SHIRLEY O. DURNIN. Notary Public Carlisle Bor0., Cumberland County Uy Commission Expires Aug. 9, 20~3 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. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly thc same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz MAY 3, 2O02 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 ~Edito~' SWORN TO AND SUBSCRIBED before me this 3 day of MAY, 2002 CUMBERLAND lAW JOURNAL NOTICE OF ACTION IN MORTCs/tGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 01-6924 WASHINGTON MUTUAl. BANK, FA S/B/M TO BANK, PLAINTIFF VS. LEMUEL P. STURMS, DEFENDANT NOTICE TO LEMUEL P. STURMS: You are hereby notified that on December 7, 2002, Plaintiff, WASH- INGTON MUTUAL BANI~ FA S/B/M TO BANK, filed a Mortgage Foreclo- sure Complaint endorsed with a No- tice to Defend, against you in the Court of Common Pleas of CUMBER- LAND County, Pennsylvania, dock- eted to No. 01-6924. Wherein Plain- tiff seeks to foreclose on the mortgage secured on your property located at: 309 SKYPORT ROAD, MECHANIGS- BURG, PA 17055. whereupon your property would be sold by the Sher- iff of GUMBERLAND Gounty. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections in writing with the court. You are warned that if you fall to do so, the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the property or other fights important to you. You should take this notice to your lawyer at once. If you do not have a lawyer or caImot afford one, go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 {717) 249-3166 FRANK FEDERMAN, ESQUIRE FEDERMAN & PHELAN, L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 May 3 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, FAS/B/M TO BANK UNITED 539 SOUTH 4TH AVENUE LOUISVILLE, KY 40202 Plaintiff, LEMUEL P. STURMS DARLA D. STURMS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6924 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of thc Plaintiff and against LEMUEL P. STURMS and DARLA D. STURMS, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 10/2/01 to 7/1/02 TOTAL $212,907.41 $9,707.88 $222,615.29 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~RANK FE~,ERMAN, ESQUIRTE Attorney for lblaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT . /Q PRO PROTHY - FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Id~ntiflcation No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Phil~l¢lphia, PA 19103-1814 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED Plaintiff VS. LEMUEL P. STURMS DARLA D. STURMS Attorney for Plaintiff : COURT OF COMMON PLEAS · CIVIL DIVISION : CLrMBERLAND COUNTY : NO. 01-6924 Defendant (s) TO: LEMUEL p. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ) Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2! 5) ~;63-700f~ WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED Plaintiff vs. LEMUEL P. STURMS DARLA D. STURMS Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLA/qD COUNTY : NO. 01-6924 Defendant (s) TO: DATE LEMUEL p. STURMS 4600 MIRA LOMA DRIVE, APT. RENO, NV 89502-7602 OF NOTICE: ~ 2L ~OCe~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO CT 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2'~ s) s6t-7000 ~ MAR 8 2002 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED VS. LEMUEL p. STURMS DAR. LA D. STURMS COURT OF COMMON PLEAS CWIL DIVISION CLrMBERLAND COUNTY NO. 01-6924 ORDER AND NOW, this day of__~..C~/ .2002, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) LEMUEL p. STURMS, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, _ .. and to the mortgaged premises located at 309 SKYPORT ROAD, MECHANICSBURG, PA 17055. ~ a,, L~.. ', ~,~ o./1.,2~ _ - ~ .~jC ~-: ........... ~ ,o ~l~cuv~upon the aate o ma' ' _ ................ · ,.',mu,. Ptulhonotary's~u~fidavit a~ to,he mailing. CZC, Svc Dept. H:/Main Forms/motions/county.comp BY THE COURT: State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State 8foresaid, I~ing duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has b~n regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication April 25, 2002 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. April 30, 2002 Sworn to and subscribed before me this day of April ,2002. 30th Notary Public NOTARIAL SEAL SHIRLEY O. DURNIN; Notary Pub cJ Carlisle Boro. Cumberland County 1 ~ Corem ssion Expires Aug 9, 2003 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. Roger M. Morgenthal, 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 loumal, 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 lanuary 2, 1952, been regnlarly 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 MAY 3, 2002 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 Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of MAY, 2002 CUMBERLAND LAW JOURNAL NOTICE OF ACTION MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 01-6924 WASHINGTON MUTUAL SANK, FA S/B/M TO BANK, PLAINTIFF LEMUEL p. STURMS, DEFENDANT NOTICE TO LEMUEL P. STURMS: You are hereby notified that on December 7, 2002, Plaintiff, WASH- INGTON MUTUAL BAN~ FA S/B/M TO BANK, filed a Mortgage Foreclo- sure Complaint endorsed with a No- tice to Defend. against you in the Court of Common Pleas of CUMBER- LAND County. Pennsylvanis~ dock- eted to No, 01-6924. Wherein Plain- t/ff seeks to foreclose on the mortgage secured on your property located at: 309 SKYPORT ROAD, MECHANICS- BURG. PA 17055. whereupon your property would be sold by the Sher iff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a wr/tton appearance personally or by attorney, and file your defenses or objections in writing with the court. You are warned that If you fail to do so. the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the property or other rights important to you. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE FEDERMAN & PHELAN, L,L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia. PA 19103 (215) 563-7000 May 3 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED Plaintiff VS. Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY LEMUEL P. STURMS DARLA D. STURMS : NO. 01-6924 Defendant TO: DARLA D. STURMS 309 SKYPORT ROAD MECI~ANICSBURG, PA 17055 DATE OF NOTICE: 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. IMP You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a . lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Esquire Attorney for Plaintiff SHERIFF'e - ]TURN - CASE NO: 2001-06924 P COMMONWEALTH OF PENNSYLVANIA: '.COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STLrRMS LEMUEL P ET AL REGULAR DAWN KELL , Sheriff or DepuZy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STURMS DA~LA D Zhe DEFENDANT , at 2012:00 HOURS, aZ 309 SKYPORT ROAD MECHANICSBURG, PA 17055 BONNIE BURD, MOTHER on Zhe llth day of December 2001 by handing to a true and attested copy of COMPLAINT '- ~ORT FORE together with and at the same time directing Her 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. Prothonotary So Answers: R. Thomas Kline 12/13/2001 FEDERMAN & PHELA_N Deputy Sheriff OF ExECUTION - (MORTGAGE FORECLOSURE) pR~CII'E I~OR WRIT I,.R.C.P. 3X$0-3X$3 -..~,~ ~. ~ BANK, FAS/B/M TO WASI~INGTON MU t ~ BANK uNITED Plaintiff, LEMUEL P. sTURMS DARLA D. STURMS Defendant(s). : No. 01-6924 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of executmn m the above matter Amount Due Interest from 7/2/02 to 12/4/02 (per diem .$36.59) $222,615.29 $5,708.04 and Costs $228,323.33 TOTAL 1617 lohn F. Kennedy Boulevard, State 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. AL~ T~AT CERTAIN lot or tract of land situate in Hampden TOwn~hlp, C~mberland County, Commonwealth o~ P~n~sylvanla. ~ore Dar~icularly bounded and described as follows co wit= BEGII4NZNG ac a po/nc on the wesuern dedicated r~ght-of-way llne of Road at the dividing line of Lot #2, and Lot #3; thence by line of ~orth 47 de,tees 14 minutes 13 seconds West 110.74 feet to a ~olnt~ Chenc~ by l~ne of ~t ~4 and ~t~ ~S North 39 degrees 56 m~nu~es 14 seconds Ba~t, 110.00 ~eet to a poin= at the diVfding line of ~= ~2 and ~t %1; chepce by line of ~t ~1 South 43 de~ees 02 mfnu=es 50 se~ds East 108,52 fee= to a thence coptinuln~ by same Southweste~ d~fcated right-of-way line of Sk~ort Road~ 2here by the aforementioned right-of-way line by a ~e ~o having a ra~l~ of 1,472.39 feet an arc leng=h of 98.33 feet to a point bcin~ CONTAINING 12,742 square ~eet, 0.293 acres, ~ore or less. HAVING C~ereon erected a two-story dwelling house, know~ and numbcred as 309 skyport Road, Mechan~¢shur~, Pe~s¥1vanla. BEING Lot #2 on F~nal Subdivision Plan of Nillbank ~states, Pha~e 1, sa~d Plan being ru¢orded in the Office of the Recorder of Deeds in and for Cu~berland County. Pennsylva~a, in Plan ~ook S~, Page 7. Tax Parcel #10-18-1321-051 PRI~ISES BEING KNOWN AS 309 SKY~ORT ROAD, HEcNANicsBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED I1¥ Darla D Sturms, adult woman by reason of the following: BEING the same premises which Mary Jane Hollingsworth, Administratrix of the Last Will and Testament of Daniel R. Hiltz by Deed dated 7/31/97 and recorded 8/6/97 in the County of Cumberland in Deed Book 162, Page 432 conveyed unto Lemuel P. Sturms and Darla O. Sturms, husband and wife. BEING the same premises which Lemuel P. Sturms and Darla O. Sturms, husband and wife by Deed dated 12/16/98 and recorded 12/21/98 in the County of Cumberland in Deed Book 191, Page 438 conveyed unto Lemuel P. Storms, adult man. BEING the same premises which Lemuel P. Sturms, adult man by Deed dated 4/9/2001 and recorded 7/10/2001 in the County of Cumberland in Deed Book 247, Page 1759 conveyed unto Darla D. Sturms, adult woman. 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, FAS/B/M TO BANK UNITED 539 SOUTH 4TH AVENUE Plaintiff, LEMUEL P. STURMS DARLA D. STURMS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6924 VERIFICATION OF NON-MII,ITARY 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 LEMUEL P. STURMS is over 18 years of age and resides at, 309 SKYPORT ROAD, MECHANICSBURG, PA 17055. (c) that defendant DARLA D. STURMS is over 18 years of age, and resides at, 309 SKYPORT ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Ptaintiff 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, FAS/B/M TO BANK UNITED Plaintiff, LEMUEL P. STURMS DARLA D. STURMS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6924 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FElf~ERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FAS/B/M TO BANK UNITED Plaintiff, LEMUEL P. STURMS DARLA D. STURMS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6924 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANI~ FAS/B/M TO BANK UNITED. 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 ,309 SKYPORT ROAD~ 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) LEMUEL P. STURMS DARLA D. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 309 SKYPORT ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same tis 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nalne SOVEREIGN BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 521 PARK AVENUE FREEHOLD, NJ 07728 5. Name and address of every other person who has any record lien on the property: Naln¢ 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. Natne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 309 SKYPORT ROAD MECHANICSBURG, PA 17055 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 unsworn falsification to authorities. June 24, 2002 DATE { F~L~NK I~E15ERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FAS/B/M TO : BANK UNITED · Plaintiff, : LEMUEL P. STURMS DARLA D. STURMS Defendant(s). TO: LEMUEL P. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-6924 June 24,2002 DARLA D. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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 ~ 309 SKYPORT ROAD~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sherifl~s Sale on 12/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $222~615.29 obtained by WASHINGTON MUTUAL BANK~ FAS/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 SA!,E 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 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 ALL ~3%T CERTAIN lot or tract of land situate in Hampden To%'n=hlp, C~erland County, Co~mOnwealth of Pemls~lvanla. t~ore particularly bounded and described as follows to wit: BEGIh~NING a= a point on the western dedicated right-of-way llne of sk~l~ort Road at the dividing line of Lot #2, and Lot #3; thence by line cf Lot #3 North 47 de~rees 14 minutes 13 seconds Wes~ 110.74 feet to a point; thence by line of Lot #4 and Lot. #5 .~.~th 39 degrees $6 minutes 14 seconds East, 110.00 feet to a point at the'diVxdxn~ line of Lot ~2 and LOt #1; theDce by line of Lot #1 South 43 degrees 02 minutes 50 seconds East 108.52 fee~ to a point; thence cont~nuin~ By ~e Southweste~ d~lcat~ r~ght-of-way line of Skirt ~ad; thence by the afOrementlon~ ri~ht-of-way line by a ~e Zo ~he left, havin~ a radt~ of 1,492.39 fe~t an arc length of 98.33 feet to a ~int bcin~ CONTAINING 12,742 square feet, 0.293 acres, more or less. HAVING thereon erected a two-story dwelling house, known and numbered as 309 iky~ort Road, Mechan~csburg, Pennsylvania. B~ING Lot #2 on Fins! Su~division Plan of Millhank ~sta~es, Ph~e 1, said Plan b~in~ r~corded in the off,ce of the Recorder of Deeds in and for Cumberland Coun=¥, Pennsy~va~/a, in Plan Bo~k 55, Page 7. Tax Parcel #10-18-1321-051 PI~gf~SES BEING KNOWN AS 309 iKXPOHT ~OAB, MEC~ANICSB~G, PA 17055 TITLE TO SAID PREMISES IS VESTED IN Darla D. Sturms, adult woman by r~ason of the following: - BEING the same premises which Mary Jane Hollingsworth, Administratrix of the Last Will and Testament of Daniel R. Hiltz by Deed dated 7/31/97 and recorded 8/6/97 in the County of Cumberland in Deed Book 162, Page 432 conveyed unto Lemuel P. Sturms and Darla O. Sturms, husband and wife. BEING the same premises which Lemuel p. Sturms and Darla O. Sturms, husband and wife by Deed dated 12/16/98 and recorded 12/21/98 in the County of Cumberland in Deed Book 19t, Page 438 conveyed unto Lemuel P. Sturms, adult man. BEING the same premises which Lemuel p. Sturms, adult man by Deed dated 4/9/2001 and recorded 7/10/2001 in the County of Cumberland in Deed Book 247, Page 1759 conveyed unto Darla D. Sturms, adult woman. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6924 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FAS/B/M TO BANK UNITED Plaintiff {s) From LEMUEL P. STURMS AND DARLA D. STURMS, 309 SKYPORT ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the proper~ of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y°u 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 oft. he defendant (s) or otherwise disposing thereof; (3) If pr°petty of the defendant(s) not levied upon an subject to a~achment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $222,615.29 L.L. $.50 Interest FROM 7/2/02 TO 12/4/02 (PER DIEM - $36.59) $5,708.04 AND COSTS Atty's Corem % Due Prothy $1.00 Att,/Paid $128.80 Other Costs Plaintiff Paid Date: JULY 1, 2002 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLA/NTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, FAS/BfM TO BANK UNITED DEFENDANT(S) LEMUEL P. STURMS DARLA D. STURMS SERVE DARLA D. STURMS AT 309 SKYPORT ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY KMD No. 01-6924 ACCT. #6162870650 Type of Action - Notice of Sheriff's Sale Sale Date: 12/4/02 SERVED ~-~L) 1~ ~ , Defendant, on the Served and made known to at 7.'00 ,o'c. lockf.m',at ~V~ of Pennsylvania, in the manner described below: x~ Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is -- 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. . day of ~ 1 ~ ., 200~1~ , Commonwealth __ Other: l~,, Description: Age c.~- Height ~'~" Weight-LT:L~ Race tk~.Sex F Other ('~bJg I, CI ~e.a,~. L. ~-~ ;"~. a competent adult, being duly sworn according to law, depose and state that I personally handed S erfff's Sale '- tho manner as set forth hereto, ~ssued m the captioned case on the date and at a true and con-ect copy of the N~tice of h ' ~ ' ' ' ' ' ' the address indicated above, t ATTEMPt[ED. Sworn to and subscribed before me this ~ ~'~,day of ~"'3'~k.¥ ,200.~ ~ Notary: ~..~h.. (~~ By: PLEASl~ATTEMPT SERVICE AT LEAS~ NOT SERVED On the day of ,200__, at Moved Unknown No Answer 1st Attempt: / / Time: : o'clock __.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563=7000 Main Fax 215-563-5534 Frank. mott~fedphe-pa.com August 12, 2002 Office of the Prothonotary CUMBERLAND County Courthouse WASHINGTON MUTUAL BANK, FA v. LEMUEL P. STURMS AND DARLA D. STURMS CUMBERLAND COUNTY, NO. 01-6924 Dear Sir/Madam Enclosed are the original Affidavits of Service for the above captioned matter. Kindly file the attached affidavits. I have forwarded copies of the same to the Sheriff's office. Thank you for your cooperation. ~Yo ly, -~ for Federman and Phelan CC: SherifFs Office of CUMBERLAND County PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication July 8, 2002 at he is not interested in of the aforesaid notice or and that all allegations in the as to time, place and character are true. July 10, 2002 subscribed before me this 10th ~., 2002. Notary Public My commission expires: NOTARIAL SEAL SHIRLEY O. DURNIN, Notary Public Carlisle Boro. Cumberland Coun ~My Commission Expires Au~. 9, 2~)3 t 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. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Joumal on the following dates, Viz JULY 12, 2002 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 SWORN TO AND SUBSCRIBED before me this 12 day of JULY 2002 CUMBERLAND LAW JOURNAL NOTICE OF ACTION llq MORTC=AGE FORECLOSURE In the Court of Comrr~n Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 01-6924 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED, PLAINTIFF vs. LEMUEL P. STURMS & DARLA D. STURMS, DEFENDANTS NOTICE TO: LEMUEL P. STURMS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 309 SKYPOINT ROAD, MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriffs Sale on WEDNESDAY, DECEMBER 4. 2002 at 10:00 A.M., in the CUM- BERLAND COUNTY COURTHOUSE, SOUTH HANOVER STREET, CAR- LISLE, PA 17013, to enforce the court Judgment of $222,615.29, ob- tained by WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNIT- ED (the mortgagee). Prop. sit, in the Township of HAMPDEN, County of CUMBER- LAND, State of Pennsylvania. Being Premises: 309 SKYPOINT ROAD, MECHANICSBURG, PA 17055. Improvements consist of resldem tial property. Sold as the property of LEMUEL P. STURMS & DARLA D. STURMS. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on or around 30 days after the sale will take place, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 July 12 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA VS. LEMUEL P. STURMS DARLA D. STURMS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6924 VgRTg'TC ATTON I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) LEMUEL P. STURMS on 7/1/02 as evidenced by the attached receipts, in accordance with the Order of Court dated, 4/1/02, in addition a copy of the Notice of Sale was published in a local newspaper in the surrounding area of the property on 7/8/02 & 7/12/02. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: August 12, 2002 3901 9844 8594 3452 LEMUEL P. STURMS 4600 MIRA LOMA DRIVE, APT. 2L RENO, NV 89502-7602 DER: YdVJD ERENCE: SALES 3800, June 2000 =~NI Postage r .0; Certified Fee I Return Receipt Fee I Restricted Deliver/ I Total Postage & Fees Postal Service .=ceipt for 'tiffed Mail ance Coverage Provided Jse for International Mail 1150 3.20 7160 3901 9844 8594 3445 TO: DARI,A D. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 - SENDER: KMD REFERENCE: SALES PS Form 3800~ June 2000 RETURN I Postage . I..'~'-)~' ~ RECEIPT Certified Fee ' I - ' 1.90 SERVICE Return Receipt Fee I 1.50 Restricted Deliver7 t ! 3.20 Total Postage & Fees' ~I~ .(~ '"~.,~, ~ US Post:l Service Re.c..e. rapt for Cerbfmed Mail No Insurance Co~mge Provided Do Not Use ~r Internat~n~ Mail 7160 .3901 9844 8594 3438 TO: LEMUEL P. STURMS 309'SKYPORT ROAD MECHANICSBURG, PA 17055 SENDER: KIviD REFERENCE:SAL£S PS Form 3BO0, June 2000 RETURN P~R)stage RECEIPT Certified Fee SERVICE etum Receipt Fee Restricted Deliver/ Total Postage & Fees US Post:l Service Rec.e. mpt for Certified Mail No Insurance Coverage provided Do Not Use Ior International Mall 1.90 1.50 3.20 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6924 WASHI.NGTON MUTUAL SANK, FA S/B/M TO SANK UNITED, PLAINTIFF vs. LEMUEL P. STURMS & DARLA D. STURMS, DEFENDANTS NOTICE TO: LEMUELP. STURMS 'NOTICE OF SHERIFF'S SALE OF REAL PROPERTY' ement as to time, place and character TAKE NO"ICE that the real estate located at 309 SKYPOINT ROAD, MECHANICS. BURG,'PA are true. 17055 is scheduled to be sold at Sheriffs Sate on WEDNESDAY, DECEMBER ~t, 20{32 AT 10:00 A.M., in the CUMBERLAND COUNTY COURTHOUSE, SOUTH HANOVER STREET, CARLISLE, PA 17013, to enforce the court judgment of $222,615.29, obtained by WASHINGTON MUTUAL BANK,~ ~/ · .LA S/B/M TO BANK UNITED (the mortgagee). andPr°perty situated in the Township of HAMPDEN, County of CUMBERLAND,State of Pennsylvania ~. ' - Being Premises: 309 SKYPOINT ROAD, MECHANICSBURG, PA 17055 Improvements consist of residential property July 10, 2002 Sold as the property of LEMUEL P. STURMS & DARLA D. STURMS TAKE NOTICE that a Schedule of Dlstrtbufion will be filed by ff~e Sheriff on or around 30 days after the sale will take place, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto, subscribed before me this Frarlk Federman, Esquire 2002. Suite 1400, One Penn Center ~ ',~' ' 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 663-7000 Affomey for Plaintiff July 8, 2002 deposes that he is not interested in Itter of the aforesaid notice or :, and that all allegations in the 10th Notary Public My commission expires: NOTA RJ,~,L SEAL ~Ht~LE'r~O. DURNIN, Notary Public a~."~isl~, c~oro. Cumberland Court Cornm~s~o,~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1754 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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 coups as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the £ollowing dates, Viz JULY 12, 2002 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 SWORN TO AND SUBSCRIBED before me this 12 day of JULY 2002 CUMBERLAND LAW JOURNAL NOTICE OF ACTION I~ MORTC, AGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 01-6924 WASHINGTON MUTUAL BANK. FA S/B/M TO BANK UNITED, PLAINTIFF VS. LEMUEL P. STURMS & DARLA D. STURMS. DEFENDANTS NOTICE TO: LEMUEL P. STURMS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 309 SKYPOINT ROAD, MECHANICSBURG, PA 17055 Is scheduled to be sold at SherhTs Sale on WEDNESDAY, DECEMBER 4, 2002 at 10:00 AM,, in the CUM- BERLAND COUNTY COURTHOUSE. SOUTH HANOVER STREET, CAR- LISLE. PA 17013, to enforce the court judgment of S222,615.29, tained by WASHINGTON MUTUAL BANK. FA S/B/M TO BANK UNIT- ED {the mortgagee}. Prop. sit. in the Township of HAMPDEN. County of CUMBER- LAND. State of Pennsylvania. Being Premises: 309 SKYPOINT ROAD. MECHANICSBURG, PA 17055. Improvements consist of residen- tial property. Sold as the property of LEMUEL P. STURMS & DARLA D. SQUIRMS. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on or around 30 days after the sale will take place, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. l{ennedy Boulevard Philadelphia. PA 19103-1814 (215) 563-7000 July 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: WASHINGTON MUTUAL BANK, FAS/B/M TO BANK UNITED ) CIVIL ACTION ) VS. LEMUEL P. STURMS ) DARLA D. STURMS ) CIVIL DIVISION NO. 01-6924 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL BANK, FAS/B/M TO BANK UNITED hereby verify that on 711/02 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. Notice of Sale was sent to the Defendant(s) on 7/1/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: October 25 2002 Attorney for Plaintiff 7160 3901 9844 8594 3452 ): LEMUEL P. STURMS 4600MIRALOMA DRIVE, APT. 2L RENO, NV89502-7602 ENDER: KMD EFERENCE: SALES ~ Form 3800~ June 2000 =-TURN I Postage ECEIPT I Certified Fee -'RV CE I Return Receipt Fee Restricted De{ivery ~ Total Postage & Fees 1.50 3.20 US Postal Service Receipt for =ertified Mail Insurance Coverage provided Not Use for International Mail 7160-3901 9844 8594 3438 TO: LEMUEL P. STURMS 309'SKYPORT ROAD MECHANICSBURG, PA 17055 SENDERi KMD REFERENCE: SALES PS Form 3800, June 2000 RETURN ~Poetage RECEIPT [Certified Fee [.90 SERVICE ~Return Receipt Fee 1,50 ~Restficted Delivery 3.20 [Total Postage&Fees 1 Receipt for Certified Mail No Insurance Coverage provided Do Not Use [or ll-itefnational Mall ~ k~--=--~--~ 7160 3901 9844 8594 3445 TO: DARI, A D. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 - - SENDER: KMD REFERENCE: SALES PS Form 3800, June 2000 RETURN ~Postage . RECEIPT I, Certified Fee SERVICE [Return Receipt Fee Restricted Delivery ~ ~Total Postage & Fees US Post.al Service Receipt for Certified Mail No Insurance Coverage provided i Do Not Use for International Mail 1.90 1.50 3.20 POSTM. Al~.K OD DAT~ Washington Mutual Bank, f/s/b/m to Bank United VS Lemuel P. Stunns and Darla D. Sturms In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6924 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 16.56 Certified Mail 9.45 Levy 15.00 Postpone Sale 20.00 Poundage 18.31 Law Journal 409.55 Patriot News 328.15 Share of Bills 25.20 $ 933.72 paid by attorney 01/08/03 Sworn and subscribed to before me This Jo ~ day of~ 2003, Prothonotary R. Thomas Kline, Sheriff Re'~'l Ester'Deputy TIlE PATRIOT NEWS TIlE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler 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 ~ and Th0. 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 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #3 , nr=~. ~.ffrA~ ~u~ ~o. 3 Writ No,,i~;4~a~ , ¥~ i,.emuei P. ~turm~, ~ommOnWealt~ Of '~nsyw~i~ ~y ~ ~ ~ ~ f~s ~ ~47 ~ 14 ~ 13 ~W~t 11034 f~t to a ~int; ~ by l~e ~of~gl;~ ~ ~t 108.52 f~t to a ~na~ fi~t~f- Way l~e ~' a c~e to ~ ~ 9833 feet m a ~at ~g ~ p~ of I B~O. ~G 12,742 ~ ~ ~1 gI~]S-1321-051. ~Sw°~rn t° a~,~t~;;:bed bef°re ~Aql~is ~4;~ N/,~L~,,~ ' ' | ct~,~'H~ms~ Dau~ UBLIC / ~", ~' . ..... ~' ~ N~TARY P ~,PennsWa~~ My commission expires june CUMBERED ~U~ SHERIFFS O~ICE CUMBERED ~ ~U~SE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 326.40 $ 1.75 $ 328.15 Publisher's Receipt for Advertising Cost , publisher of !he Patriot-News .and ~The Sunday Patriot-News, newspapers of general e receipt of the aforesaid notice and publication costs and certifies that the same have ¢S 1S ~S~9 _~ c~lD ?REMIS ~. ~on o[ ~ ~ ua~C~ cumberland m ~. Stu~S, page 43~ cou,e~ ma. the same pre ~ses ~hicB ~mu~l P. n m dat~ Being dui( man b~ De~ -.~t" oi Cum~l~ recordCd'w'~41 Page l~>~ i~ Deed ~s adult ~oma~. 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. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 3 Writ No. 2001-6924 Civil Washington Mutual Bank. f/s/b/m to Bank United VS. Lemuel P. Sturms a_nd Darla D. Sturms Atty.: Frank Federman ALL THAT CERTAIN lot or tract of land situate in Hampden Town- ship, Cumberland County, Com- monwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the western dedicated right-of way line of Skyport Road at the dividing line of Lot #2, and Lot //3: thence by line of Lot #3 North 47 degrees 14 minutes 13 seconds West 110.74 feet to a point; thence by line of Lot #4 and Lot //5 North 39 degrees 56 minutes 14 seconds East, 110.00 feet to a point at the dividing line of Lot #2 and Lot #1; thence by line of dilor~ SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002_ of BEGINNING' square feet, coNTAINING 12,742 0.293 acreS, more or lesS. thereon erected a two- HAVING 'n house, known and story dwelh g oaa .qkvoort Road, numbered as ouo · burn pennsylvania,_. MechaniCS ~'~ ~ Final subaim- · BEING Lot ~ o~,; WstateS. phase sion plan of Millban" ~ the plan being recorded in 1, said Recorder of Deeds in Office of the penn- and for cumberland County, ~ lvania in Plan Book 55, page 7. sy TaX Oarcel #10_18-1321-051' pREMISES BEING KNO. V~_~ A~ 309 skyport Road, Mechan~csburg PA 17055. TITLE TO sAID pREMISES IS VESTED IN Darla D. sturms, adult caSOn of the following; woman by ~ ~me prellfiseS Whi,ch BEING the =~-- -rth Admtnts- ~rv jane I-Iollings.w.°..,, ~d Testa- ..... f the Last wm tratr~X o · · ~ uiltz hy Deed dat- ment of Daniel ~ '.~o~rded 8/6/97 ed 7/31/97 anu in the County of cumberland in Deed Book 162, Page 432 conveyed untO Lemuel P. sturmS and Dada O. Sturms, husband an>drermWif, se~s which BEING the same P-~d Darla O. 1 P sturmS Lemue ' - ~ and wife by Dee~ s husDanu sturm , and recorded 12/ dated 12/16/98 21/98 in the County of cumberland · ook 191, Page 438 con- in Deed B . -~l P sturms, adult veyed untO bemu~ , man. -remlSes whic¥ EING the same p n B q P sturmS, adult ma-del LemUc '. a tal2001 and recto Deed dateu ~.,1°t 001 In the County of Curt 7/10/2 - ~ Book 247, Pa$ berland in l~eeu 1759 conveyed unto Darla D. sturm adult woman, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED Plaintiff, V. LEMUEL P. STURMS DARLA D. STURMS Defendant(s). No. 01-6924 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/2/02 to JUNE 11, 2003 (per diem -$36.59) TOTAL $222,615.29 $12,623.55 and Costs $235,238.84 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 YIIAT CERTAIN lot or trace of land situate in ~ampden Township, Cumberland County, Commonwealth o~ Pernlsylvanla, more particularly bounded and described as follows =0 wit: BEGINNING at a point on the western dedicated right-of-way llne of Sklrporc Road at th% dividing line of Lot #2, and Lo= ~3; thence by line of Lot #3 North 47 degrees 14 minutes 13 seconds West 110.74 feet to a point; thence by line of Lot #4 and Lot~#S North 39 degrees 56 minutes 14 seconds East, 110.00 feet to a point at the d~vldlng line of Lo= #2 and Lot %1; thence by Line of Lot #1 South 43 degrees 02 minutes 50 seconds Ea~= 108.52 fee= to a point; thence continuing by same Southwestern dedicated right-of-way line of Skyport Road; thence by the aforementioned right-of-way line by a cuz~te to the left, having a radiu~ of 1,472.39 feet an arc length of 98.33 feet to a point bein~ ~he place of BEGINNING. CONTAINING 12,742 square feet, 0.293 acres, more or less. HAVING ~hereon erected a two-story dwelling ho~se, known and numbered as 309 Sky~rt Road, Mechanicmburg, Pe~llsylvania. ~EING Lot ~2 on Final Subdivision Plan of Millbank Estates, Phase 1, said ~lan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, ~ennsylvan/a, in Plan Ecu~k SS, Pa~e 7. Tax Parcel #10-18-1321-051 PREMISES BEING KNOI~N AS 309 SKYPORT ROAD, MECH~ICSBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED IN Darla D. Sturms, adult woman by reason of the following: BEING the same premises which Mary Jane Hollingsworth, Administratrix of the Last Will and Testament of Daniel R. Hiltz by Deed dated 7/31/97 and recorded 8/6/97 in the County of Cumberland in Deed Book 162, Page 432 conveyed unto Lemuel P. Sturms and Darla O. Sturms, husband and wife. BEING the same premises which Lemuel P. Seams and Darla O. Seam, husband and wife by Deed dated 12/16/98 and recorded 12/21/98 in the County of Cumberland in Deed Book 191, Page 438 conveyed unto Lemuel P. Seam, adult man. BEING the same premises which Lemuel P. Strums, adult man by Deed dated 4/9/2001 and recorded 7/10/2001 in the County of Cumberland in Deed Book 247, Page 1759 conveyed unto Darla D. Storms, adult woman. 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 Plaintiff, V. LEMUEL p. STURMS DARLA D. STURMS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-6924 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: 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, FA S/B/M TO BANK UNITED Plaintiff, V. LEMUEL P. STURMS DARLA D. STURMS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6924 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK~ FA S/B/M TO BANK UNITED, 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 ~309 SKYPORT ROAD~ 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) LEMUEL P. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA. 17055 DARLA D. STURMS 309 SKYPORT ROAD 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: 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) SOVEREIGN BANK 521 PARK AVENUE FREEHOLD, NJ 07728 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: Nalne Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 309 SKYPORT ROAD 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. January 16, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED Plaintiff, V, LEMUEL P. STURMS DARLA D. STURMS Defendant(s). TO: LEMUEL P. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA. 17055 CUMBERLAND COUNTY No. 01-6924 January 15, 2003 DARLA D. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA. 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY 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, 309 SKYPORT ROAD, MECHANICSBURG, PA. 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 11, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $222,615.29 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 SA!,E 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 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 OTHEI*. RIGHTS EVEN IF THE SHERIFF'S SA1,E 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 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 Sheriffwithin ten (10) days after the distribution is flied. 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 ALL TBAT C~RTAIN lot or tract of land situate in Hampden Township, C~J~berland County, Commonwealth of Pennsylvania. more particularly bounded and described au follows to wit: BEGINNING at a point on the wes~exll dedicated right-of-way line of Skyport Road at th% dividiDg line of Lot #2, and Lot ~3; thence by line of Lot ~3 ~oxth 47 degree~ 14 minutes 13 seconds West 110.74 feet to a point; thence by line of Lot ~4 and Lot~#5 North 39 degrees 56 mtnu~es 14 seconda East, 110.00 feet to a ~oint at the diw~dlng line of Lot #2 and Lot #1; thence by line of Lot #1 South 43 degrees ~2 minutes 5~ second~ East 108.52 feet to a Doint; thence co~tinuing ~y same Southwestern dedicated right-of-way line of Skyport Road; thence ~y the aforementioned right-of-way line by a curve to =he left, having a radtu~ of 1,472.39 feet an arc length of 98.33 feet to a point bcin~ the place of BEGINNING. CONTAINING 12,742 square feet, ~.293 acres, more or less. H~VING thereon erected a two-story dwelling house, known and numbered as 309 Sky~ort Road, Mechanicsburg, Pennsylvanla. ~EING Lot ~2 on Final Subdivision Plan of Millbank Estates, Phase 1, said Plan ba~n~ recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvarda, in Plan Book ~5, Page 7. Tax Parcel #10-18-1321-051 PREMISES BEING KNOWN AS 309 SKYFORT ROAD, MECHANICSBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED IN Darla D. Storms, adult woman by reason of the following: BEING the same premises which Mary Jane Hollingsworth, Administratrix of the Last Will and Testament of Daniel R. Hiltz by Deed dated 7/31/97 and recorded 8/6/97 in the County of Cumberland in Deed Book 162, Page 432 conveyed unto Lemuel P. Sturms and Darla O. Sturms, husband and wife. BEING the same premises which Lemuel P. Sturms and Darla O. Strums, husband and wife by Deed dated 12/16/98 and recorded 12/21/98 in the County of Cumberland in Deed Book 191, Page 438 conveyed unto Lemuel P. Sturms, adult man. BEING the same premises which Lemuel P. Storms, adult man by Deed dated 4/9/2001 and recorded 7/10/2001 in the County of Cumberland in Deed Book 247, Page 1759 conveyed unto Darla D. Sturms, adult woman. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6924 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 LEMUEL p. STURMS AND DARLA D. STURMS, 309 SKYPORT ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y°u are als° directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $222,615.29 L.L. Interest FROM 7/2/02 TO JUNE 11,2003 (PER DIEM - $36.59) - $12,623.55 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $1,075.02 Other Costs Plaintiff Paid Date: JANUARY 23, 2003 (Seal) CURTIS R. LONG Prothon~ql~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE 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 SLRTE 1400 - ONE pENqq cENTER pt.ilLADELPI-I]A, P A 19103 215) 563-~000 wASI4]~qGTON MUTUAL BANK, FA S/B/M TO BAIqK uNITED VS. LEMUEL P' STUg-MS DARLA D. sTUgMS CUlv~ERLAND coUNTY COURT OR COMMON pLEAS CIVIL Di¥ISIOlq MO. 01-6924 of the Nolice of Sheriffs Sale in the above caption, ed I hereby certifY that a true and correct copy receipt requested, to the follOwing sent by regular mail and certified mail, remm MECHANIcsBURG' PA matter w%EMUEL p. STLIRMS on 5/6/03 at 309 SKYpoRT ROAD, Notice of person(S) accordance with the Order of Court dated, 4/11/02, in addition a copy of the 17055 in local newspaper in the surrounding area of the property on 2/20/03 & Sale was published in a to the penalties of 15 PA. C.S. 2/25/03. understands that this statement is made subject The undersigned ~uIKE s4904 relating to unswOm falsificatOn to authorities- ATTOP. N~Y FoRPLPdNTIFF DATE: May 19, 2003 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication February 20, 2003 ;r deposes that he is not interested in tatter of the aforesaid notice or and that all allegations in the as to time, place and character are true. February 26, 2003 before me this 26th February ,2003. Notary Public My commission expires: NOTARIAL SEAL SHIRLEY O. DURNIN. Notary Public ~ 8ore., Cumberland County 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 an,:[ says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established Janua~ 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 ipublication 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 FEBRUARY 28, 2003 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 /~trie ,,~oyne, Ed~-tor/ before ~e SWCh~ TO AND SUBSCRIBED this 28 day of FEBRUARY 2003 CUMBERLAND LAW JOURNAL, NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 01-6924 WASHINGTON MUTUAL BANK, FA s/B/M TO BANK UNITED, PLAINTIFF VS. LEMUEL P. STURMS & DARLA D. STURMS, DEFENDANTS NOTICE TO: LEMUEL P. STURIVIS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 309 SKYPOINT ROAD, MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriffs Sale on WEDNESDAY, JUNE ! l, 2003 AT 10:00 A.M. in the Cumberland Coun- ty Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $222,615.29, ob- tained by WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNIT~ ED (the mortgagee). Prop. sit. in the Township of HAMPDEN, County of CUMBER- LAND, and State of Pennsylvania. Being Premises: 309 SK-ffPOINT ROAD, MECHANICSBURG, PA 17055. Improvements consist of residen- tial property. Sold as the property of LEMUEL P. STURMS & DARLA D. STURMS. Terms of Sale: As the auctioneer knocks down a property to a suc- cessful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be deliv- ered to the Sheriff and, upon de- fault of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the bal- ance of the successful bid shall be paid to the Sheriff not later then Friday, JUNE 27, 2003 at 12:00 P.M., prevailing time. Otherwise, all monies paid -,~LI1 be forfeited and the property will be re-sold on JUNE 30, 2003 at 10:00 P.M., prevailing time in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff, on JULY 11, 2003 and dis- tribution will be made in accordance with the schedule: unless exceptions are filed thereto within ten (10) days thereafter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Feb. 28 7160 3901 9844 2421 1826 · O: LEMUEL P. STURMS 309 SKYPORT ROAD MECHAN[C:~URG, PA 17055 SENDER: KMD~TM REFERENCE: STURMS PS Form 3800, June 2000 RETURN lPostage I 34 RECEIPT /Certified Fee I 1.90 SERVICE [Return Receipt Fee [ 0.00 ! Re~o~ De,vo~ ~ 0.00 ]Total Po~tage & Foes ~ I -'~ 2.24 Receipt for Ce ....e, No Insurance Coverage Provided DO Not Use for International Mail PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication OF CI~BI~ COUNTY; PENNSYLV.4NIA ~ "CIVIL ACllON - EAW February 20, 2003 deposes that he is not interested in hatter of the aforesaid notice or and that all allegations in the ;ment as to time, place and character are true. Being Premises: 309 SKyPOINT ROAD, MECHANIC61~?I~, PA 17055- February 26, 2003 ,I theret~ within t, 1617 John F: Kennedy Boulevard ·. P~h,adetphia, PA 19103~1814 (215) 563-7000 subscribed before me this 26th February ,2003. Notary Public My commission expires: NOTARIAL SEAL SHIRLEY O. DURNIN, Notary Public Carr, ae Bom., Cumberland County_ I~ ~!0~ Expires Aug. 9, 2003 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 iLaw Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, a legal periodical published in the Borough of Carlisle !in the County and State aforesaid, was established January. 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz FEBRUARY 28, 2003 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 ,ff/~_~_M~trie'Coyne, Edito / ~e SWC~TO AND SUBSCRiBED before this 28 day of FEBRUARY 2003 CUMBERLAND LAW JOURNAl, NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 01-6924 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED, PLAINTIFF VS. LEMUEL P. STURMS & DARk& D. STURMS, DEFENDANTS NOTICE TO: LEMUEL P. STURIVIS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 309 SKYPOINT ROAD, MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriffs Sale on WEDNESDAY, JUNE 11, 2003 AT 10:00 A.M. in the Cumberland Coun- ty Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $222,615.29, ob- tained by WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNIT- ED (the mortgagee). Prop. sit. in the Township of HAMPDEN, County of CUMBER- LAND, and State of Pennsylvania. Being Premises: 309 SKYPOINT ROAD, MECHANICSBURG, PA 17055. Improvements consist of residen- tial property. Sold as the property of LEMUEL P. STURMS & DARLA D. STURMS. Terms of Sale: As the auctioneer knocks down a property to a suc- cessful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be deliv- ered to the Sheriff and, upon de- fault of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the bal- ance of the successful bid shall be paid to the Sheriff not later then Friday, JUNE 27, 2003 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on JUNE 30, 2003 at 10:00 P.M., prevailing time in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff, on JULY 11, 2003 and dis- tribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Phlladelpttia, PA 19103-1814 (215) 563-7000 Feb. 28 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED ) CIVIL ACTION ) VS. LEMUEL P. STURMS DARLA D. STURMS ) CIVIL DIVISION ) NO. 01-6924 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL BANK, FA S/BIM TO BANK UNITED hereby verify that on 4~22~03 & 5~6~03 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: May 19, 2003 Attorney for Plaintiff - ~ o: R 22 2003 MAILED FROM ZIPCOOE 1 91 0 ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED Plaintiff, LEMUEL P. STURMS DARLA D. STURMS Defendant(s). No. 01-6924 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/2/02 to DECEMBER 10, 2003 (per diem -$36.59) TOTAL $222,615.29 $19,282.93 and Costs $241,898.22 EDERMAN, 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 THAT CERTAIN lot or tract of land Situate in Hampden Township, {curaoermu~ Comraonwealfl~ of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western dedicated Right-of-Way line of Skyport Road at the dividin line of Lot No. 2 and Lot No. 3; thence by Ii,ac of Lot No, 3, North 47 degrees 14 minutes 13 s¢conc West 110,74 feet to a point; thence by line of Lot No. 4 and Lot No. 5 North 39 degrees 56 m/nut¢ 14 secotxls East, 110.00 feet to a point at the dividing line of Lot No. 2 and Lot No, 1; thence by 1~ of Lot No. 1 South 43 degrees 02 minutes 50 seconc~s East !.08.52 feet to a point; thence continuin by same South 35 degrees 38 minutes 0t3 seconds East 25.00 feet to a point on the Western dedicate right-of-way line of Sk-jpon Road; thence by the aforementioned right-of-way line by a curve to the le having a radius of 1..4"/2.39 feet, an arc length of 98.33 feet to a point being the place of begimling CONTAINING 1.2,742 square feet, 0.293 ac~es. HAVING thereon erected a two-story dwelling house, known and numbered as 309 Skyport Roar Mechaniesburg, Pennsylvania. BF,.lNG Lot No. 2 on Final Subdivision Plan of Millbank Estates, Phase 1, said Plan being recorde in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 5: Page 7. Tax Parcel #10-18-1321-051 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Darla D. Sturms, adult woman by mason of the following: BEING the same premises which Mary lane HoLlingsworth. AdministratrLx of the Last Will and Testament of Daniel R. Hiltz by Deed dat~,d 7/31/97 and recorded 8/6197 in the County of Cumberland in Deed Book 162, Page 432 conveyed unto Lemuel P. Stomas and l>arla O. Sturms. husband and wife. BEING the same premises which Lemuel P. Sturs~s and Darla O, Sturms, husban~l aqd wi~e by Deed dated 12/16/98 and recorded 12/21/98 in the County of Cumberland in Deed Book 191. Page 438 conveyed unto Lemue[ P, Sturms, adult lmm. BEING the same premises which Lemlml P. Sturms, a_du!t man by Deed dar~ 4t9/2001 ancl recorded 711012001 in the County of Cumberland in Deed Book 247. Page 1759 conveyed unto Darla D. Sturms. adult woman. 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 Plaintiff, LEMUEL P. STURMS DARLA D. STURNIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6924 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 o£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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIILE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SfB/M TO BANK UNITED Plaintiff, LEMUEL P. STURMS DARLA D. STURMS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6924 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANIC, FA SfB/M TO BANK UNITED, 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 ,309 SKYPORT ROAD, 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) LEMUEL P. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 DARLA D. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgrnent 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: NalTle Last Known Ad&ess (if ad&ess cannot be reasonably ascertained, please indicate) SOVEREIGN BANK 521 PARK AVENUE FREEHOLD, NJ 07728 5. Name and ad&ess of every other person who has any record lien on the property: Name Last Known Address (if ad&ess 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. Last Known Ad&ess (if ad&ess cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Ad&ess (if ad&ess cannot be reasonably ascertained, please indicate) Tenant/Occupant 309 SKYPORT ROAD MECHANICSBURG, PA 17055 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 vet/fy 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 unsworn falsification to authorities. September 8, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED Plaintiff, LEMUEL P. STURMS DARLA D. STURMS Defendant(s). TO: LEMUEL P. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-6924 September 8, 2003 DAR.LA D. STURMS 309 SKYPORT ROAD MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND 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 PROPER TI( ** Your house (real estate) at, 309 SKYPORT ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $222~615.29 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. You may also be able to stop the sale through other legal proceedings. You may need ma 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 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 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 'ALL TIqAT CERTAIN lot or tract of land Situate in Hampden Township, Cumberland Count. Commonwealth of pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western dedicated Right-of-Way line of Skyport Road at the divid~ line of Lot No. 2 and Lot No. 3; thence by line of Lot No. 3, North 47 degrees 14 minutes I3 seconc West 110.7¢ feet m a point; thence by line of Lot No. 4 and Lot No. 5 North 39 degrees 56 minutt 14 secol~ls East, ll0.00 feet to a point at the dividing line of Lot No. 2 a~d D~t No. 1; thence by lit of Lot No. 1 South 43 degrees 02 minutes 50 seconds East 108.52 feet to a point; thence continulr by same South 35 degrees 38 minutes 00 seconds East 25.00 feet to a point on the Western dedicate right-of-way llne of Slcyport Road; thence by the aforementioned right-of-way line by a curve to the le having a radius of l,~.72.39 feet, an arc length of 98.33 feet to a point being the ptace of beginning CONTAiNING 12,742 square feet, 0.293 ac. xes. HAVING thereon erected a two-story dwelling house, known and numbered as 309 Skyport Roa Mechanicsburg, Pcnnsylvauia. BEING Lot No, 2 on Final Sulxlivision Plan of Millbank Estates, Phase 1, said. Plan being r~.or& in the Office of the R~corder of Deeds in and for Cumberland Couuty, Permsylvania, in Plan Book 5_ Page 7. Tax Parcel #10-18-1321-051 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Darla D. Sturms, adult woman by reason of the following: BEING the same premises which Mary lane Hollingsworth, Admtnistratrix of the Last Will Te~ent of D~el R. H~m by De~ ~ 7/31/~ ~d record~ 8/6/97 in ~e Co~ of Cure. rind ~ Dc~ Book 162, Page ~32 convey~ unto ~ud P. Smms ~ Darla O. Stores, h~b~d and wife. BEING the same premisea which Lemuel P. Sturms and Darla O, Scurms, husband and wife by Deud dated 12/16/98 and recorded 12121198 ia ,he Couu~y of Cumberland in Deed Book 191, Page 438 conveyed unto Lemue! P. Smrrns, adult man, BEING the same pr~mises which Lemuel P. 8turms, adult man by Deed da~ed 4/9/2001 and recorded 7110/2001 in the County of Cumberland in Deed Book 247, Page 1759 couveyed unto Darla D. Scum, adult woman. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6924 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - k~W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASItlNGTON MUTUAL BANK, FA S/B/M TO BANK UNITED Plaintiff (s) From LEMUEL P. STURMS AND DARLA D. STURMS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also cVlrected 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 garinshee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $222,615.29 L.L. Interest FROM 7/2/02 TO 12/10/03 - (PER DIEM - $36.59) - $19,282.93 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1998.96 Other Costs Plaintiff Paid Date: SEPTEMBER 10, 2003 (Send CURTIS R. LONG Prothon~gy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE 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 Deputy Washington Mutual Bank, FA s/b/m To Bank United VS Lemuel P. Sturms and Darla D. Sturms In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6924 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 17.63 Posting Bills 15.00 Advertising 15.00 Mileage 15.87 Levy 15.00 Surcharge 30.00 Law Library Prothonotary 1.00 Postpone Sale 20.00 Law Journal 386.30 Patriot News 337.90 Share of Bills 25.24 $ 908.94 paid by attorney 9/8/03 Swom and subscribed to before me This /o ~ day of .~/,~.~o4~e~_., 2003, A.D. Prothonotary So Answers: R. Thomas Kline, Sheriff Re-al Es~te Deputy /.a° Real Estate Sale # 08 On February 4, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 309 Skyport Rd., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 4, 2003 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Asst. 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 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..................... ~....~..~~ ........... COPY SALE #8 City My ('.;omm~ss~on Expires June 6, 2006 ....'_ ............ MY commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 336.15 $ 1.75 $ 337.90 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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 Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, 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. ~ ~STATg ~ NO. 8 Writ No, 2001-6924 Civil Wa~h~gton Mutual Bank, FA. s/b/m To Bank United LemueI P. Sturms and Darla D. Sturms Atty.: Frank Federman ALL THAT CERTAIN lot or tract of land situate in Hampden Townsl-dp, Cumberland County, Cormnonwealth of Pennsylvania, more particula~ly bounded and described as follows to wit: BEGINNING at a point on the western dedicated right-of-way line of Skyport Road at the dividing line of Lot #2, and Lot #3: thence by line of Lot #3 North 47 degrees 14 minutes 13 seconds West 110.74 feet to a point; thence by line of Lot #4 and Lot #5 North 39 degrees 56 minutes 14 seconds East, 110.00 feet to a point at the dividing line of Lot #2 and Lot #1; thence by line of Lot #1 South 43 degrees 02 min- utes 50 seconds East 108.52 feet to a point; thence conttauing by same Southwestern dedicated right- of-way line of Skyport Road; thence by the aforementioned right*of-way line by a curve to the left, having a radius of 1,472.39 feet an arc length of 98.33 feet to a point being the place of BEGINNING. CONTAINING 12,742 square feet. 0.293 acres, more or less. HAVING thereon erected a two~ story dwelling house, known and numbered as 309 Skyport Road, Mechanicsburg, Pennsylvania, BEING Lot #2 on Final Subdivi- sion Plan of Mtllbank Estates, Phase 1, sa~d Plan being recorded in the isa Marie C~or S'~?ORN TO AND SUBSCRIBED before me this 9 .day of MAY, 2003 Lot #2 and Lot #1: thence by line oI - Lot #1 South 43 degrees (12 min- utes 50 seconds East 108,52 feet to a point; thence continuing by same Southwestern dedicated right- of-way line of Slcyport Road; thence by the aforementioned right-of-way line by a curve to the left, having a radius of 1.472.39 feet ma arc length of 98.33 feet to a point being the place of BEGINNING. CONTAINING 12.742 square feet. 0.293 acres, more or less. HAVING thereon erected a two- story dwelling house, known and numbered as 309 Skyport Road. Meehaniesburg. Pennsylvania. BE[BIG Lot #2 on Final Subdivi- sion Plan of Mlllbank Estates, Phase 1, said Plan being recorded in the Office of the Recorder of Deeds tn and for Cumberland County, Penn- sylvania, in Plan Book 55, Page 7. Tax Parcel #10-18-1321-051. PREMISES BEING KNOWN AS ~09 SIxYFORT ROAD. MECHANICS- BURG, PA 17055, TITLE TO SAID PREMISES IS VESTED IN Darla D. Sttmms. adult woman by reason of the following: BEING the same premises which Mary Jane Hollingsworth, Admtols- tratrix of the Last W~ll and Testa- ment of Daniel R. Hlltz by Deed dated 7/31/97 and recorded 8/6/ 97 in the County of Cumberland in Deed B~ok 162. Page 432 conveyed unto Lemuel g $turms and Darla O. Sturms, husband and wife. BEING the same premises which Lemuel P. Sturma and Darla O. Sturrns. husband and wife by Deed dated 12/16/98 and recorded 12/ 21/98 In the County of Cumberland in Deed Book 191, Page 438 eon- veyed unto Lemuel P, Sturms, adult BEING the same premtses which Lemuel p. Sturms. adult ma~ by Deed dated 4/9/2001 and recorded 7/10/ _*e 9ounty of Cumberland FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER pLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CiVIL DIVISION WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED CUMBERLAND COUNTY No.: 01-6924 VS. LEMUEL P. STURM~ DARLA D. STURMS MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its Counsel Frank Federman, Esquire, moves this Honorable Court for an Order directing servic~ of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail t~ Defendant's last known address. 1. Attempts to Serve Defendant with Notice of Saie haw~' been unsuccessful, as indicated by the Affidavit of SerVice attached hereto as Exhibit "A." 2. Pursuant to pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the De~endant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and th~ result there from is attached hereto as Exhibit "B." WItEREFORI~, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to PennsylvaJ3ia Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regtflar mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6924 VS. LEMUEL P. STURMSi DARLA D. STURMS MEMORANDUM OF LAW Pennsylvania RUle of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order dire :ting the method of service. The Motion shall be accompanied by an Affidavit stating the n* ture and extent of the investigation which has been made to determine the whereabouts of the De ndant and the reasons why service cannot be made. Note: A Sherif ; return of"Not Found" or the fact that a Defendant has moved without leaving a new forward: g address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 35 7 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a goo~[ faith effort to discover the correct address" Adoption of Walker, 468 Pa. 165,360 A.2d 603 (19.76). An illustration 9f good faith effort to locate the defendant includes (1) inquires of postal authorities including i4quiries pursuant to the Freedom of Infon~ation Act, 39 C.F.R. Part 265, (2) inquiries of relativets neighbors, friends and employers of the Defendant and (3) examinations of local telephone dire~:tories, voter registration records, local tax records, and motor vehicle records. As indicated b the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unabl to serve the Notice of Sale. A good fai~xh effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service c,f the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF COUNTY PLAINTIFF AFFIDAVIT OF SERVICE WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED CUMBERLAND No. 01-6924 DEFENDANTS DARLA D. STURMS ACCT. #6162870650 SERVE DARLA D. STURMS AT 309 SKYPORT ROAD MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 Served and made known to I ,200_, at , o'clock __.m., at SERVED , Defendant, on the day of , Commonwealth of Pennsylvania, ih the manner described below: Defendant personally served. __Adult family member with __ Adult in charge of Defen& Manager/Clerk of place of Agent or person in charge ~ Other: whom Defendant(s) reside(s). Relationship is _ at(s)'s residence who refused to give name or relationship. odging in which Defendant(s) reside(s). .f Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Description: Age__ l~eight Weight Race __ Sex Other I, i ' a competent adult, being duly sworn according to law, depose and state that I personally handed a true 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. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the 7 C) day of_ S ~-C~-- ,200,.~, ak~(~ ~. Moved __ Unknown i No Answer 1st Attempt: / / Time: : Swom3rd Attempt:. / / I of Notary: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 o'clock ~t~.m., Defendant NOT FOUND because: Vacant 2"a Attempt:. / / Time: PJT File Number: 3-903 Attorney Firm: Fed Subject: Darla D. 5 Current Address: 3¢ Property Address: Mailing Address: 31 I Scott Nulty, beinl have conducted an have discovered th I. CREDIT INFO[ A. SOCIAL SI: Our search Darla D. St B. EMPLOYM Darla D. St~ informatior C. INQUIRY £ Our inquir.~ Rd. Mechm II. INQUIRY OF ~ A. DIRECTO[ On 10-20-0 Sturms res telephone c informatio~ III. INQUIRY OF I5 On 10-20-0 who said ti reside(s) at W. INQUIRY OF F A. NATIONAl On 10-20-0 informatio~ B. ADDITION Per our inq address: n, V. MOTOR VEHI( A. MOTOR VI Per the PA informatioJ VI. OTHER INQU[ A. DEATH RE As of 10-2( for Darla II SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION SPA .~rman & Phelan turms 9 Skyport Rd. Mechanicsburg, PA 17050 39 Skyport Rd. Mechanicsbnrg, PA 17050 (House is vacant) ~9 Skyport Rd. Mechanicsburg, PA 17050 ~ duly sworn according to law, do hereby depose and state as follows, I investigation into the whereabouts of the above-noted individual(s) and following: ViATION CURITY NUMBER verified the following information to be true and correct lrms - 179-54-5627 ENT SEARCH Jrms - A review of the credit reporting agencies provided no employment ~ CREDITORS of creditors indicated that Darla D. Storms reside(s) at: 309 Skyport icsburg, PA 17050 ELEPHONE COMPANY .Y ASSISTANCE SEARCH ~ our office contacted directory assistance which indicated that Darla D. de(s) at: 309 Skyport Rd. Mechaniesburg, PA 17050. Our office made a all to the mortgagors phone number and received the following ~: 717-732-2622 answering machine. EIGHBORS our office contacted or attempted to contact J. Keck 311 Skyport Rd. ~ house is vacant, they were not able to verify that Darla D. Sturms 309 Skyport Rd. Mechanicsburg, PA 17050 DST OFFICE · ADDRESS UPDATE we reviewed the National Address database and found the following , Darla D. Sturms - 309 Skyport Rd. Mechanicsburg, PA 17050 iL ACTiVE MAILING ADDRESSES oiry of creditors, the following is a possible mailing ~ addresses on f'fle ~LE REGISTRATION ~HICLE & DMV OFFICE Department of Motor Vehicles, we were u oable to obtain address on Darla D. Sturms. LIES FORDS -03 Vital Records and all public databases have no death record on f'fle . Sturms. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Darla D. Sturms residing ati last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF~IRTH Darla D. Sl~urms -YOB 1961 B. A.K.A. none * All acces~ibl.e public databases have been checked and cross-referenced for the above named individual(s). * Please beladvised all database information indicates the subject resides at the current address. The undersi 18 Pa. C.S. Sec. 49( I hereby ve~ knowledge, informs penalties of 18 Pa. AFFIANT Nulty SKN Data Research Inc. President gned understands that this statement herein is made subject to the penalties of 4 relating to unsworn falsification to authorities. ify that the statements made herein are true and correct to the best of my tion and belief and that this affidavit of investigation is made subject to the :.S. Sec. 4904 relating to unswom falsification to authorities. Sworn to and subsm ibed before me this _day of ~)~a~---~ 2003 * N(JTAR~i~PUBLiC ] '/ Notarial Sral Margaret E Nulty, Nolary Public East Goshen Twp., Ches er County My Cornroiss~on Exp!res D~c 19, 2005 The above information is obtained from available ~ublic records and we are only liable for the cost of the *ffidavit VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigne¢ understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 Irelating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE iDENTIFICATION NO. 12248 ONE PENN CENTEI~ PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED VS. LEMUEL P. STURM$ DARLA D. ST URMS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6924 CERTIFICATION OF SERVICE I, FRANK FEI Pursuant to Special Or October 23, 2003. DARLA D. STURMS 309 SKYPORT ROA[ MECHANICSBURG, ERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service ter of Court has been sent to the individuals indicated below on ?A. 17055 FRANK FF. DERMAN, ESQUIRE Attorney for Plaintiff Date: October 23, 2002~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER. PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED VS. LEMUEL P. STURM~ DARLA D. ST URMS 1 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6924 ORDER AND NOW, this day of ,2003, upon consideration of Plaintiffs Motion and the AffidaVit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtai~ service of the Notice of Sale on the above captioned Defendant(s), DARLA D. STURMS,iby mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to DePendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED VS. LEMUEL P. STURM DARLA D. STURMS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6924 ORDER AND NOW, th!s day of ,2003, upon consideration of Plaintiff's Motion and the AffidaVit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), DARLA D. STURMS4by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to De~endant's last known address. Service of thc alorementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's atto4ney, who will file with the Prothonotary's Office an Affidavit of service. ! BY THE COURT: FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTERi PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED VS. CUMBERL32qD COUNTY No.: 01-6924 LEMUEL P. STURMS DARLA D. STURMS: MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its Counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail tO Defendant's last known address. 1. Attempts to ~erve Defendant with Notice of Sale have: been unsuccessful, as indicated by the Affidavit of SerVice attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffhas made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the iresult there from is attached hereto as Exhibit "B." WHEREFORI~, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLA2qD COUNTY No.: 01-6924 VS. LEMUEL P. STURM~ DARLA D. STURMS MEMORANDUM OF LAW Pennsylvania R (a) If service c~ for a special order dire Affidavit stating the m whereabouts of the De Note: A Sherif leaving a new forwardi 238 Pa. Super. 362, 35 address requires a goo~ 165,360 A.2d 603 (19 ale of Civil Procedure 430(a) specifically provides: mot be made under the applicable rule, ~Ihe plaintiffmay move the Court :ting the method of service. The Motion shall be accompanied by an ture and extent of the investigation which has been made to determine the 'endant and the reasons why service cannot be made. 's return of "Not Found" or the fact that a Defendant has moved without ng address is insufficient evidence of concealment. Gonzales vs. Polis, 7 A.2d 580 (1976). "Notice of intended adoption mailed to last known faith effort to discover the correct address." Adoption of Walker, 468 Pa. 76). An illustration ~fgood faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relative~ neighbors, friends and employers of the Defendant and (3) examinations of local telephone dire4tofies, voter registration records, local tax records, and motor vehicle records. As indicated by !the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unabl~ to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WItEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF COUNTY PLAINTIFF AFFIDAVIT OF SERVICE WASHINGTON MUTUAL BANK~ FA S/B/M TO BANK UNITED CUMBERLAND No. 01-6924 DEFENDANTS DARLA D. STURMS ACCT. #6162870650 SERVE DARLA D. STURMS AT 309 SKYPORT ROAD MECHANICSBURG, PA 17055 Type of Action .. Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Served and made known to [ , Defendant, on the day of ,200_, at , o'clock __.m., at , Commonwealth of Pennsylvania, ih the manner described below: Defendant personally served. Adult family member withiwhom~ Defendant(s) reside(s). Relationship is in charge of Defend~nt(s)'s residence who refused to give name or relationship. __'Manager/Clerk of place oQodging in which Defendant(s) reside(s). Agent or person in charge 6f Defendant(s)'s office or usual place of business. lan officer of said Defendant(s)'s company. Other: Description: Age __ I, personally handed a tree and correc~ captioned case on the date and at tb :Ieight __ Weight__ Race __. Sex__ Other , a competent adult, being duly sworn according; to law, depose and state that I copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the address indicated above. Sworn to and subscribed before me this __ day of _, 200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Onthe 7C} dayof _% ~ 200~, a~_~l~)'O ~ , . ~ o'clock m, Dc fendant NOT FOUND because' , Moved __ Unknown i No Answer __ Vacant 1st Attempt: / / ~'ime: 3rd Attempt: / / i?e:. Swo to and ed befor~c,me this Attorney for Plaint~ Frank Federman, Esquire - I.D. N0. 12248 2nd Attempt:. / / Time: PJT SKiN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-9036PA Attorney Firm: Fed~rman & Phelan Subject: Darla D. Sturms Current Address: 309 Skyport Rd. Mechanicsburg, PA 17050 Property Address: 309 Skyport Rd. Mechanicsburg, PA 17050, (House is vacant) Mailing Address: 309 Skyport Rd. Mechanicsburg, PA 17050 I Scott Nulty, bein have conducted have discovered I. CREDIT INFOI A. SOCIAL St Our search Darla D. St B. EMPLOYI~ Darla D. St informatim C. INQUIRY ( Our inquir Rd. Mechal II. INQUIRY OF A. DIRECTO] On 10-204 Sturms re~ telephone informatie III. INQUIRY OF On 10-20- who said ti reside(s) al IV. INQUIRY OF ] A. NATIONA On 10-20-( informatio B. ADDITIO? Per our im address: V. MOTOR VEHI A. MOTOR V Per the informatio VI. OTHER INQU] A. DEATH RI As of 10-2 for Darla ; duly sworn according to law, do hereby depose and state as follows, I investigation into the whereabouts of the above-noted individual(s) and e following: 3vlATION CURITY NUMBER verified the following information to be true and correct arms - 179-54-5627 ENT SEARCH arms - A review of the credit reporting agencies provided no employment [o ~F CREDITORS , of creditors indicated that Darla D. Stunns reside(s) at: 309 Skyport dcsburg, PA 17050 ELEPHONE COMPANY tY ASSISTANCE SEARCH 3 our office contacted directory assistance which indicated that Dada D. ide(s) at: 309 Skyport Rd. Mechanicsburg, PA 17050. Our office made a :all to the mortgagors phone number and received the following a: 717-732-2622 answering machine. IEIGHBORS our office contacted or attempted to contact J. Keck 311 Skyport Rd. , house is vacant, they were not able to w,rify that Darla D. Sturms : 309 Skyport Rd. Mechanicsburg, PA 17050 'OST OFFICE 2. ADDRESS UPDATE 3 we reviewed the National Address database and found the following a, Darla D. Sturms - 309 Skyport Rd. Mechanicsburg, PA 17050 [AL ACTIVE MAILING ADDRESSES [uiry of creditors, the following is a possible mailing o addresses on f'de 2LE REGISTRATION EHICLE & DMV OFFICE Department of Motor Vehicles, we were unable to obtain address a on Darla D. Sturms. RIES iCORDS }-03 Vital Records and all public databases have no death record on file ~. Sturms. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Darla D. Sturms residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Darla D. S~urms 1961 * All acces above na~ * Please b{ current ad The unders 18 Pa. C.S. Sec. 49~ I hereby ve knowledge, inform~ penalties of 18 Pa. ~ AFFIANT ~ SKN Data Researcl Sworn to and subsc dble public databases have been checked and cross-referenced for the ed individual(s). advised all database information indicates the subject resides at the tress. gned understands that this statement herein is made subject to the penalties of ~4 relating to unswom falsification to authorities. · ify that the statements made herein are true and correct to the best of my tion and belief and that this affidavit of investigation is made subject to the ZS. Sec. 4904 relating to unsworn falsification to authorities. · Nulty Inc. President 'ibed before me this 2Z~ day of~9~--c.. 2003 ~ NdTAR'~PUBLI£ Margaret E Nulty, Notap/Public Easl Goshen Twp., Che::/or County My Cornmissiort Expires Dec I9, 2005 The above information is obtained from available public records and we are only liable for the cost of the affidavit VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigne~d understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 49041 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED vs. i LEMUEL P. STURM~ DARLA D. STURMSI ATTORNEY FOR PLAINTIFF COURT O.F COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-6924 CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special O~der of Court has been sent to the individuals indicated below on October 23, 2003. DARLA D. STURM~ 309 SKYPORT ROA]~ MECHANICSBURG~ PA. 17055 FRANK F'EDERMAN, ESQUIRE Attorney tbr Plaintiff Date: October 23, 2003 WASHINGTON MUTUAL BANK, Fa S/B/M TO BANK~ UNITED, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIa LEMUEL P. STURMS DARLA D. STURMS, DEFENDANTS : 01-6924 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2003, following a review of within motion, i'r IS ORDERED that service may be accomplished on defendant, Dar D. Sturms by mailing a true and correct copy to her last known address and by publishing notice once -,~'rank Federman Esquire For Plaintiff in the Cumberland Law Journal. Edgar-~. Bayley~ :sal le IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED VS. LEMUEL P. STURMS DARLA D. STURMS CIVIL ACTION CIVIL DIVISION NO. 01-6924 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAl, BANI~ FA S/B/M TO BANK UNITED hereby verify that on September 9~ 2003 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: November 13, 2003 F l~Ltl¢~- F ED ER)rIX-N, ESQUIRE Attomey for Plaintiff ~.~_ ~ 0 ~ ~o ~ ~'~= ~ ~ · 0 ~ ~-. $ 01.200 ~ ~ · M~.;uEDFROMZIPCODE ~-! ] FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA S/B/M TO BANK UNITED VS. LEMUEL P. STURMS DARLA D. STURMS CUMBERLAND COUNTY COURT OF COMMON PLEAS CWIL DiVISION NO. 01-6924 VIeR IFIC A TIONI I hereby certify that a tree and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) LEMUEL P. STURMS on ~qlRPTI~MIRF, R O; 2003 at 309 SKYPORT ROAD, MECHANICSBURG, PA. 17055, in accordance with the Order of Court dated, APRIl, 1~ 2002. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FR2MNK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: December 2, 2003 BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHENGTON [MUTUAL BANK, FA S/B/M TO BANK UNITED VS. LEMUEL P. STURMS DARLA D. STURMS COURT OF COMIvlON PLEAS CIVIL DIVISION CUIVIB EI;~AND COUNTY NO. 01-6924 ORDER AND NOW, this t~2 ~ day of ~r~ ,2002, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court lind the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) LEMUEL P. STURMS, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 309 SKYPORT ROAD, MECHANICSBURG, PA 17055. Se: .... O...,,.T.%=-,--:~',m*'ntmned rnmhng~ ~s effe~ctlge n.n~; ....................~ ,~nu t~ Lu bO- CZC, Svc Dept. 7160 3901 9848 0305 7878 TO: LEMUEL P. STURMS t 309 SKYPORT ROAD MECHANICSBURG, PA 17055 SENDER: TEAM2 SPL REFERENCE: LEMUEL P. STURMS PS Form: RETURN RECEIPT ~ Certified Fee SERVICE Return Receipt Fee US Postal Service Receipt for Certified Mail .37 2.30 0.00 0.00 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same aB was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication r NOllCE OF ACTION INJ~i~R~J[GAGE FOI~ECL~SURE IN I~I#i~COURT ~ COMMON"PI.EAB OF ~MIIIE !~ ~ ~I~DA~UioNNT~., PENNBYLVANIA · ~v"-~moN L~V/ NOTICE TO: LEMUEL P. STURMS 'NOTICE OF SHE RIFF!S SALE OF REAl: PROPERTY" Cum..b?rl~'County CctV, ~Otltil Ha.older ju4~. f $222,615~ ob~tTy WASHINGTON MI. PTLIAL BANK, FA S~M TOBANK UNITE~ ~ANK, l~rOl~ of LEMUEL P. STURMtJ AND · ~:~ a~eer ~ ~a a~ful b~der, ~n (10%) ~r ~a~r ~ m~e ~. [~.M., ~ time.~, u~na ~ fl~ ~ ~ ten ~0} da~r. Fr~ F~, ~ m 19103-1814 November 19, 2003 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character publication a~tCU~. -~ ~, of November 19, 2003 Sworn to,an-d~ubscribed before me this ~h day of ,//- ~ Novem.ber /.t 21:~1:)3. -, ----  '"~' ~ - Not'~ry Public My commission expires: NOTARIAL SEAL ~ DARCIE A. NELL, Notary Public Carlisle, Cumberland County ~mm!~cicnE~pir~ Nov. 24, 2005 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 ami says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz NOVEMBER 7, 2003 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. atM~u:i~ C6y~e, E~tor I SWORN TO AND SUBSCRIBED before me this 07 .day of__ NOVEMBER, 2003 NO SEAL c/ i LOIS E. SNYDER, Notary Public I Cmf~le Bom, Cumt)eda~l County I CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 01-6924 WASHINGTON MUTUAL BANK, FA, S/B/M TO BANK UNITED, pLAINTIFF vs, LEMUEL P. STURMS ~ad DARLA D. STURMS, DEFENDANTS NOTICE TO: LEMUEL P, STURMS NO'flCE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at: 309 SKYPORT ROAD, MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriffs Sale on WEDNESDAY, DECEMBER 10. 2003 AT 10:00 A.M. in the Cumber- land County Courthouse, South Hah* over Street. Carlisle, PA 17013, to enforce the court Judgment of 222,615.29, obtained by WASHING- TON MUTUAL BANK, FA, S/B/M TO BANK UNITED, AS ATTORNEY IN FACT (the mortgagee). Prop. sit, in Hampden Township, Cumberland County, Common- wealth of Permsylvama. Being Premises: 309 SKYPORT ROAD, MECHAN1CSBURG, PA 17055. Improvements consist of residen- tial property. Sold as the property of LEMUEL P. STURMS AND DARLA D. STURMS. Terms of Sale: As the auctioneer knocks down a property to a suc- cessful bidder, ten (10%) per cent of the purchase price or all costs, whichever is hlgher, shall be deliv- ered to the Sheriff and, upon de- fault of such pa}qment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the bal- ance of the successful bid shall be paid to the Sheriff not later than Friday, DECEMBER 26, 2003 at 12:00 P.M., prevading time. Other- wise, all monies paid will be for- feited and the property will be re- sold on DECEMBER 31, 2003 at 10:00 A.M., prevailing time in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution ~qll be flied by the Sheriff, on JANUARY 9. 2004 and distribution will be made in accor- dance with the schedule unless ex- ceptions are filed thereto wlthm ten (10) days thereaffer. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Sulte 1400 One Penn Center 1617 John F. Kennedy Boulevard philadelphia, PA 19103-1814 (215) 563-7000 Nov. 7 5