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Home My WebLink About04-2866 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATIORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/lII TO NORTH AMERICAN MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM NO. CIf- 2~lP~ e-:"i! v. CUMBERLAND COUNTY RICKY E. STRAUB 1731 TRINDLE ROAD CARLISLE, PA 17013 MICHELLE E. STRAUB A/KJ A MICHELLE E. BRAWLEY 1731 TRINDLE ROAD CARLISLE, PA 17013 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 94649 File #; 94649 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, SIIII TO NORTH AMERICAN MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known addressees) of the Defendant(s) are: RICKY E. STRAUB 1731 TRINDLE ROAD CARLISLE, PA 17013 MICHELLE E. STRAUB AIKI A MICHELLE E. BRAWLEY 1731 TRINDLEROAD CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01125/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1517, Page 1035. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/0 112003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 94649 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2003 through 06/21/2004 (per Diem $24.94) Attorney's Fees Cumulative Late Charges 01/25/1999 to 06/21/2004 Cost of Suit and Title Search Subtotal $158,336.86 7,357.30 1,250.00 1.180.11 $ 550.00 $ 168,674.27 Escrow Credit Deficit Subtotal TOTAL 0.00 818.12 $ 818.12 $ 169,492.39 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 169,492.39, together with interest from 06/2112004 at the rate of$24.94 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. .. U.r.P I pI . FEDERMAN AND PH~~ ~l----_ By: ~. tfaTIrnan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 94649 AL~ THAT C~RT^t" Ir2cl 01 laqd .!Iuole In M{ddle,ex Town.hIP. Cuaberlond CounlY. Penn,yl~.nl., ~ound~4 and dc.c~lbed eccQrd!nc la .no Prell.lnor)'/PI,,>1 iUOdl..I,lon Ph. tor lee C. .nd Ie... e. "....'toan pt.p.T~4 bY Flsber Nowery Ro'andalo 'Ad Ar$o~lG(c., IftC~. S~tYeYQ~r. SnalneeJ' .n4 rl.nn4~.. d.rod Kay 18, 19'1 _nd rGvl.ed I~no Z4. lit!. So~te.bcr ., 19'1. $epfe.bc7 23. 19'1. ~fQbe~ t, IP91. OctOb~r 22, 1"1. and recotded In Cuaberlind Coun', Plln ~ok 43, P'IO Jl~. '0 follows. fo wit. BaqIN"INO a( . polnl In .tlndlc Rood. $.R. 8641. or Ihe .outhe"lctn COTner af Lot No. . on tne .bQVC r~terred-(o Pl~nr Ih4nce alonl 'aid Lot No. I, Norlh 11 de,ron. %) alnule, 18 .ocond. Ea'l 33'..1 teel 10 .n l~on pin &cI, Ihcnee ~Jonl Lot No.6 on the .bo~~ r~tcttQd-IQ 'l.n. Soulh 18 do,roc, 36 alnulao ~% ,econd. e"1 z..... tecl 10 an Iron pin :uH, .bGnc:c Iton. Lat No_ 2 PA the ..\love refturcd..to 'laa. SOl.lth 11 de'tAe. %3 _Inules 18 ,,,cond. Weol 33.... feet 10 . point, Ihenee alanl laid Trlndle Rood, '.R. '641. Horlh 18 do,r.., 34 .lnute. 42 ,0Gond. Well %n." feel 10 lhe polrll ond Pl.ea at BEOINlflNG. SaING lor No. 3 On lhe Pr"llaln.ty/~ln.1 S~hdivl.lon Pi.n lor Lee C. and hila S. llorrl,on and canraln"" 1.$1 letec, In~lu.iV.. at dedlclsted rl,1>1 of "n. PREMISES BEING: 1731 TRINDLE ROAD BEING the ,.ae proal'.' yhlcn Lee C. Wotrllon .nd lean 2. Uor~lcan. "uoband .nd wlf. by Deed dilad Oolohet 26. 19'2 aAd recorded In Cu.befll"d Counl:r. in Dee4 UQtJt Y 33 p..,o ,%, con.1!7ed unto Ilar-ry O~ )U"nl~\. Jr.. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing ofthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. l-M~ -61//!f Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 0( rU({}~ t>I- ~ D ~ r<:'" *- ~ - ~ ~ U\ ~ ~ ~ ~ ~ -{: ~ !:> -. :::- is- j GJ "> ~~ ';:~ ~~) '""-'- n r -., -r i;':' ..~ . ;"..) '" CJ , ;-c',I";'1 C' SHERIFF'S RETURN - REGULAR CASE NO: 2004-02866 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STRAUB RICKY E ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STRAUB MICHELLE E AKA MICHELLE E BRAWLEY the DEFENDANT , at 1700:00 HOURS, on the 22nd day of June , 2004 at 1731 TRINDLE ROAD CARLISLE, PA 17013 MICHELLE STRAUB by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.70 .00 10.00 .00 19.70 Sworn and Subscribed to before It:r me this J. 7 - day of Gu-e~/ JJt'P'f A.D. -'- O. ~,i~(~ AM;:. P othonotary I Jr-' So Answers: .r~~ R. Thomas Kline 07/26/2004 FEDERMAN & PHELAN By: ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02866 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STRAUB RICKY E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STRAUB RICKY E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BEDFORD County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 26th , 2004 , this office was in receipt of the attached return from BEDFORD Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Bedford County 41.00 .00 78.00 07/26/2004 FEDERMAN & PHELAN So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this .:1.1 ~ day of ~ J..1J{)'f A.D. f1 Q~ - '-/~othonotary .~ In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank VS. Ricky E. Straub et al SERVE: same No. 04-2866 civil Now, June 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bedford County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. :r'"~ed<~R Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - NOT FOUND f' ' \, ! ,_ :y~,,,.l..,, ,---0~'-(\"~v.'" ,~'('(:. ,c CLI-d.~(,(" CASE NO: 2004-02866 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF Bedford MUTUAL MUTUAL BANK, F.A. VS RICKY E. STRAUB Gordon E. Diehl , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: STRAUB RICKY E. but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT-MTG FORECLOS , NOT FOUND , as to the within named DEFENDANT , STRAUB RICKY E. 444 BROADWAY AVENUE HOPEWELL, PA 16650 SERVICE WAS ATTEMPTED BUT NOT SUCCESFUL. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: .00 .00 .00 .00 .00 .00 Gordon E. Diehl Gordon E. Diehl, Sheriff 00/00/0000 Sworn and subscribed to before me this day of A.D. Notary Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, F.A., SIIII to North American Mortgage Company COURT OF COJ\.1MON PLEAS CNIL DNISION vs. Cumberland COUNTY Ricky E. Straub Michelle E. Straub aIkIa Michelle E. Brawley NO. 04-2866-Civil MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 1731 Trindle Road, Carlisle, Pa 17013, and in support thereof avers the following: 1. Attempts to serve Defendant Ricky E. Straub with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted sl~rvice at the mortgaged premises located at 1731 Trindle Road, Carlisle, Pa 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", Co-defendant states Ricky Straub does not reside at the mortgaged premises. The Sheriff of Cumberland County deputized the Sheriff of Bedford County for service at 444 Broadway Avenue, Hopewell, Pa 16650. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", service was not successful. 2. Pursuant to PaRC.P. 430, Plaintiff has mad<e 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". 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of August 20, 2004 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. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to PaRC.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman and Phel:m, LLP Attorney for Plaintiff BY:~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: August 20, 2004 Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, FA, SIIII to North American Mortgage Company vs. COURT OF COMMON PLEAS CIVIL DIVISION Curnberland COUNTY NO. 04-2866-Civil Ricky E. Straub Michelle E. Straub aIkIa Michelle E. Brawley MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court 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 and the reasons why service cannot be made. Note: A Sheriff's return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 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." Adootion of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Infonnation Act, 39 c.P.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidelll~ed by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to PaRC.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman and Phelan, LLP Attom~.1Ot1f By: - Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federrnan, Esquire Date: August 20, 2004 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02866 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STRAUB RICKY E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STRAUB RICKY E but was unable to locate Him in his bailiwick. He I:herefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , STRAUB RICKY E 1731 TRINDLE ROAD CARLISLE, PA 17013 PER CURRENT RESIDENT (MICHELLE STRAUB) DEFENDANT DOES NOT RESIDE AT 1731 TRINDLE ROAD, CARLISLE, PA 17013. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 ~o ans~::~~?- R. Thom~~ne Sheriff of Cumberland County 0010010000 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02866 P COMMONWEALTH OF PENNSYLVANI~: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STRAUB RICKY E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STRAUB RICKY E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BEDFORD County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 26th , 2004 , this office was in receipt of the attached return from BEDFORD Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Bedford County 41.00 .00 78.00 07/26/2004 FEDERMAN & PHELAN So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank VS. Ricky E. Straub et al SERVE: same No. 04-2866 civil Now, June 29, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bedford County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~('.~ ~/2-?' .r M~"'''''''-<~ .f:.J~";> Sheriff of Cumberland County, PA Affidavit of Service . Now, ,20 , at o'clock - -- M. served the within upon at by handing to copy of the original a . and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ SHERIFF'S RETURN - NOT FOUND ~ CASE NO: 2004-02866 T COMMONTWEALTH OF PENNSYLVANJA COUNTY OF Bedford MUTUAL MUTUAL BANK, F.A. VS RICKY E. STRAUB Gordon E. Diehl , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: STRAUB RICKY E. but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT-MTG FORECLOS , NOT FOUND , as to the within named DEFENDANT , STRAUB RIC~~ E. 444 BROADWAY AVENUE HOPEWELL, PA 16650 SERVICE WAS ATTEMPTED BUT NOT SUCCESFUL. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: .00 .00 .00 .00 .00 .00 Gordon E. Diehl Gordon E. Diehl, Sheriff 00/00/0000 Sworn and subscribed to before me this day of A.D. Notary 0\-~ ~ ,D,e,faUlt Expre, ss Services, Inc. 13000 ~oute 73 Suite '101 Four Greentree Center Marlton. NJ 08053 " Phone: 856.985-3340 Fax: 856"985-3342 Info4i}defallltexpress.(:om File # : 04-13232 FEDERMAN & PHELAN Firm: Subject: Ricky Straub & Michelle Straub Current address: Property address: Mailing address: 1731 Trindle Rd. Carlisle, P A 17013 1731 Trindle Rd. Carlisle, PA 17013 1731 Trindle Rd. Carlisle, PA 17013 I Steven M. Rnffo,being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above noted individual(s) on 7/30/04 and! have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Ricky Straub - 197-46-9491 Michelle Straub - 200-46-5491 B. EMPLOYMENT SEARCH Ricky Straub - A review of the credit report provided no employment information. Michelle Straub - Our Office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 7/30/04 our inquiry with the credilors indicate that Ricky Straub & Mkhelle Straub residers) at 1731 Trindle Rd. Carlisle, PA 17013 II. INQUIRY OF TELEPHONE COMPANY A.DIRECTORY ASSISTANCE SEARCH On 7/30/04 our inquiry with the Directory Assistance indicated that Ricky Straub & Michelle Straub residers) at 1731 Trindle Rd. Carlisle, PA 17013 717-258-9684. Our office made a telephone call to the mortgagor number and spoke with mortgagor. 7/30 called 10:22am III. INQUIRY OF NEIGHBORS Using our Whitepages database we contacted Allen Swope 1741 Trindle Rd on 7/30/04 would not confirm/deny that Ricky Straub & Michelle Straub reside at 1731 Trindle Rd. Carlisle, PA 17013. IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 7/30/04 indicates the following is correct Ricky Straub & Michelle Straub - 1731 Trindle Rd. Carlisle, PA 17013 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 7/30/04 the following is an active mailing, address: no addresses on file. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per tbe Pennsylvania Department of motor vehicle Ricky Straub & Michelle Straub has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 7/30/04 Vital records has no death records on file for Ricky Straub &: Michelle Straub .. B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Our office conducted a check on 7/30/04 for public licenses/records and found the following: none C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration Ifor Ricky Straub & Michelle Straub D. INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 7/30/04 our office conducted a search of the following tax records which "howed the following: Not applicable VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Ricky Straub - 2/12154 Michelle Straub - 3/31158 B. AKA Ricky Straub - none Michelle Straub - Michelle E. Brawley The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities I hereby verifY that the statemants made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. -~ :!:.fjt Default Express Services, INC. President Sworn to and subscribed before me this ~ day of July 2004 [NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar.21, 2007 ~ Default Ex p'. ",S8Ivlces" Inc. " 13000 Route 73 Suite 107 Four Gr.'entree Center Marlton, NJ 08053 Phone: 856-985-3340 Fax: 856-985-3342 In'o@defilultexpr.ss.com ,...ov.,..O.......T... _O.T...."'.. ,....UJl.VA,I......L. .1111-10 .:::r,'i:.::,:~....1G ""........OUy W'.IILIII 'OIl,...OO.-ro' Tllil VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make 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 his knowledge, information and belief. The undersigned understands that this statement herein is made subj ect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Federman and Phelan, LLP Attorney for Ptt1 II BY:~~ Francis S. Hallinan, Esquire Date: August 20, 2004 (") c '-';'~ << ~:~ -< r--> c> C::':l "'- ~ (i") c.~ c:::> ~ --l :1: :n rn f;; ;;;9 <:),Q -r'~ ;J(') (srn --< -~.". ~ ;J:o- ::-r: 0) Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Atto:mey for Plaintiff Washington Mutual Bank, FA, SIIJI to North American Mortgage Company COURT OF COMMON PLEAS Vs. CIVIL DNISION Ricky E. Straub Michelle E. Straub alk!a Michelle E. Brawley Cumberland COUNTY NO. 04-2866-Civil CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, hereby certifY that a copy of the foregoing 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. Ricky E. Straub 1731 Trindle Road Carlisle, Pa 17013 444 Broadway Avenue Hopewell, Pa 16650 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unswo:m falsification to authorities. Date: August 20, 2004 Respectfully submitted, Federman and Phelan, LLP Atto:mey f~~ PlaiI~ff BY:~~ Fran~n, Esquire <1 ~ ~ c_ ';? ..... -::>' -;-.,.., ".. :;t:.-r. ~.~\~! c:: me ""/ (i") -=B;q 2f u:> c.:J ~' 0 '~g s:.2c: :1: -rj ~ o~ ;~(.~ ::; ;Z - \~ :pC' - ~ ',::~ 6 - ~:q ~ -<. 0) FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIIII TO NORTH AMERICAN MORTGAGE COMPANY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND County vs. RICKY E. STRAUB MICHELLE E. STRAUB No. 04-2866-CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortga Foreclosure with reference to the above ERMAN AND PHELAN, LLP to J)tk~ F FEDE~AN,ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff captioned matter. By: Date: August 24. 2004 IIxh. Svc Dept. File# 94649 (') ~ > \..-;cr: qJ,C;,,, 0~"~.' r::=C.' ~~-?.. >c: ~ ~ ,s.- "'" ~ v:> C> ~ ~:n \"'I'\TI :e9 _"IQR :x:.... ,::.~ 0 ::J[: ?=,f'f\ - "::'::'~ -:: -r>' ~ -' Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SEP 0 1 2004 i ( Attorney for Plaintiff Washington Mutual Bank, FA, SIIII to North American Mortgage Company COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland COUNTY Ricky E. Straub Michelle E. Straub aIkIa Michelle E. Brawley NO. 04-2866-Civil AND NOW, this ORDER 1~ daYOf-8~ , 2004, upon consideration ofPlaintifi's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service ofthe Complaint, and all future pleadings, on the above captioned Defendant Ricky E. Straub, by: 1. First class mail to Ricky E. Straub at the last known address, 444 Broadway Avenue, Hopewell, Pa 16650 and the mortgaged premises located at 173lTrindle Road, Carlisle, Pa 17013; and 2. Certified mail to Ricky E. Straub at the last known address, 444 Broadway A venue, Hopewell, Pa 16650 and the mortgaged premises located at J. \-f,' ~,,\,! !~S>~l\ ,~.~\('; (\:.) ~,' ' _._' ...._!~..' [,I \'~~'_. (1\ ',-,,' ",',.' ,,".'-\! {\ \ \,\ " , ',,' ' " "J..J"'- ',',,,'; ,.' t, Ii : \ \ V\\~ V c\1S ~~~1. , """'\':'\(\"'6 3\-\1. ~O t,'JIi ,,\.i""V\ I.rY ~,"\\J :<':!\:\~\J'3:1 ,.l SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-02866 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STRAUB RICKY E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STRAUB RICKY E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , STRAUB RICKY E 1731 TRINDLE ROAD CARLISLE, PA 17013 PER CURRENT RESIDENT (MICHELLE STRAUB) DEFENDANT DOES NOT RESIDE AT 1731 TRINDLE ROAD, CARLISLE, PA 17013. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 s~answ~er '"'. "_//.- .///--," ~- ---~---- ------------ ---- / ~./ , . . ?"~/ I R. Thomas K ne- Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this 3/,* day of ~ ~o'f A.D. ~ro~ft:c;ta6 ~ I~ FEDERMAN AND PHELAN BY: Frank Federman, Esq. No. 12248 Lawrence T. Phelan, Esq., No. 32227 Francis S. Hallinan, Esq., No. 62695 1017 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21~) ~n'- 7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, SIIII TO NORTH AMERICAN MORTGAGE COMPANY : COURT OF COMMON PLEAS Plaintiff : CNIL DNISION vs. : CUMBERLAND COUNTY RICKY E. STRAUB MICHELLE E. STRAUB NKlA MICHELLE E. BRAWLEY : NO. 04-2866-CNIL Defendant( s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MATT, PTTRSTT A NT TO C'OTTRT ORnRR 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, RICKY E. STRAUB at 1731 TRINDLE ROAD, CARLISLE, PA 17013 AND 444 BROADWAY AVENUE, HOPEWELL, PA 16650 on S-:ptpmhpr 11, 2004 , in accordance with the Order of Court dated September 7, 2004. The undersigned understands that this statement is made subject to the, penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: Septpmher 1, 2004 lJ1\f in )J ~..--' F CIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ~_: ;';;.~- \ .P~~ _o-t -( ...., C:,) c::> ~ .-, 'j --,1 (./) L:.J 0"' _!,-~ r:-;) f'o..... FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W ASIDNGTON MUTUAL BANK, F.A., SIIII TO NORTH AMERICAN MORTGAGE COMPANY 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 CUMBERLAND CQUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2866 CIVIL RICKY E. STRAUB MICHELLE E. STRAUB Defendant( s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RICKY E. STRAUB and MICHELLE E. STRAUB, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/22/04 to 11/3/04 TOTAL $169,492.39 $3,366.90 $172,859.29 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s).are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 00-5U~1~.,k ~ 9. ~ -#'ANIEL G. SCHMIEG, ESQUIRE(f Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . t /J. DATE: ;VN>. S, ~ ftA-i;, ~c' ~ PRO PROTHY ::::riYfJ FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (7.1 'i) '\0'1-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/IJI TO : COURT OF COMMON PLEAS NORTH AMERICAN MORTGAGE COMPNA Y Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY RICKY E. STRAUB MICHELLE E. STRAUB NKJ A MICHELLE E. BRAWLEY : NO. 04-2866-CIVIL Defendants TO: MICHELLE E. STRAUB A/KIA MICHELLE E. BRAWLEY 1731 TRlNDLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: OCTORF.R 5, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 i\\-t. CC · ~ - {j.AAAO /j I~ {liNK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (7.1 i) i/11-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/IJI TO : COURT OF COMMON PLEAS NORTH AMERICAN MORTGAGE COMPNA Y Plaintiff : CML DMSION Vs. : CUMBERLAND COUNTY RICKY E. STRAUB MICHELLE E. STRAUB NKJA MICHELLE E. BRAWLEY : NO. 04-2866-CML Defendants TO: RICKY E. STRAUB 1731 TRINDLE ROAD CARLISLE, P A 17013 DATE OF NOTICE: OCTORRR 5,2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMA TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR AS SOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 J ;I)JUW) ))\~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff f\LE COP~ FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21 i) i/11-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/IJI TO : COURT OF COMMON PLEAS NORTH AMERICAN MORTGAGE COMPNA Y Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY RICKY E. STRAUB MICHELLE E. STRAUB NKJ A MICHELLE E. BRAWLEY : NO. 04-2866-CML Defendants TO: RICKY E. STRAUB 444 BROADWAY AVENUE HOPEWELL, P A 16650 DATE OF NOTICE: OCTORRR 5, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 en ~ Con" (800)990-9108 r\\.ta Ir' J ;'/f/JJW-DlJ l-b~ FliNK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN BY: Frank Federman, Esq. No. 12248 Lawrence T. Phelan, Esq., No. 32227 Francis S. Hallinan, Esq., No. 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (?1:)) 561-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., SII/I TO NORTH AMERICAN MORTGAGE COMPANY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff vs. : CUMBERLAND COUNTY RICKY E. STRAUB MICHELLE E. STRAUB A/K/ A MICHELLE E. BRAWLEY : NO. 04-2866-CIVIL Defendant( s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAlT, PlJRSlJANT TO COURT ORDFR I hereby certify that a true and correct copy ofthe 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, RICKY E. STRAUB at 1731 TRINDLE ROAD, CARLISLE, PA 17013 AND 444 BROADWAY AVENUE, HOPEWELL, PA 16650 on Septemher 1 J. 2004 , in accordance with the Order of Court dated September 7, 2004. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: Septemher 11, ?004 ~.o fU'1"J)~ '~.0 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - REGULAR . . CASE NO: 2004-02866 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND 4\ \1/ WASHINGTON MUTUAL BANK BA VS STRAUB RICKY E ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STRAUB MICHELLE E AKA MICHELLE E BRAWLEY the DEFENDANT , at 1700:00 HOURS, on the 22nd day of June , 2004 at 1731 TRINDLE ROAD CARLISLE, PA 17013 by handing to MICHELLE STRAUB a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.70 .00 10.00 .00 19.70 So Answers: ~~At:~J , / R. Thomas Kline 07/26/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: Af2j me this day of ty Sheriff A.D. Prothonotary Federman and Phelan, LLP By: Lawrenc~ T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 8 SEP 0 , 2004 if .~ Attorney for Plaintiff Washington Mutual Bank, F.A., SII/I to North American Mortgage Company COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland COUNTY Ricky E. Straub Michelle E. Straub a/k/a Michelle E. Brawley NO. 04-2866-Civil AND NOW, this ORDER 1~ CA-::r:~~ dayof~" I , 2004, upon consideration of Plain tift's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service'ofthe Complaint, and all future pleadings, on the above captioned Defendant Ricky E. Straub, by: 1. First class mail to Ricky E. Straub at the last known address, 444 Broadway Avenue, Hopewell, Pa 16650 and the mortgaged premises located at 1731 Trindle Road, Carlisle, Pa 17013; and 2. Certified mail to Ricky E. Straub at the last known address, 444 Broadway Avenue, Hopewell, Pa 16650 and the mortgaged premises located at 1731 Trindle Road, Carlisle, Pa 17013. ), // , J. / ~' y ! , / crY R .{Q ....() ~1/:-- ( B R --- ~ ~ -u ~ - ~ F ~ (U ~?;J :p t- r J:- r-~< :~ ~ ~ ..'.. 1 o c: .,:',,", .....,.. ~ ,......;1 -c.::"':::> = _C- o -n :1. ~ I'll :;:d 'T.,r:l "'j '--1 i"~ 'r ~-~: ~~ ~~.> < :,? 2:~ 2.3,11 ~ :IJ ~.< :;:~ C) ..a::;: I U1 ~ :.t,: C.1 .- FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF W ASIDNGTON MUTUAL BANK, F.A., SIIII TO NORTH AMERICAN MORTGAGE COMPANY 8120 NATIONS WAY, BUILDING 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2866 CIVIL RICKY E. STRAUB MICHELLE E. STRAUB Defendant(s). . VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval SeI:Vice 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 RICKY E. STRAUB is over 18 years of age: and resides at, 1731 TRINDLE ROAD, CARLISLE, P A 17013. (c) that defendant MICHELLE E. STRAUB is over 18 years of age, and resides at, 444 BROADWAY AVENUE, HOPEWELL, PA 16650. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~~~&Jl~E~O-& Attorney for Plaintiff o ~,: ....::1 c:::> c;:::> J;"" -- ;::J ...c I <.Jl :t:" ..' ~ j" ..... - -~ r') '='\) .-\ "1': ~'T' M~tp -0 ~r~ :"i ;....1". ~;1 ~~ /.:"') f\ \ "-_OJ ....,.....-, '~l o +" Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center NOV-03-200410:23:02 . Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency STRAUB Not on Active Duty Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status ofthe Defendant(s), per the Information provided, as to all branches of the ~~ . f::;tJ~~~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a.match or non- match. https:/ /www.dmdc.osd.mil/udpdri/ owaJ sscra. prc _Select 11/3/2004 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center NOV-03-200410:23:18 . Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency STRAUB . , Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status ofthe Defendant(s), per the Information provided, as to all branches ofthe Military. f::;W~CL-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research wilfbe done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https:/ /www.dmdc.osd.milludpdri/owalsscra.prc _Select 11/3/2004 FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF W ASIDNGTON MUTUAL BANK, F.A., SII/I TO NORTH AMERICAN MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION RICKY E. STRAUB MICHELLE E. STRAUB NO. 04-2866 CIVIL Defendant( s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o 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. ~~ ~J~\~~ h(\'t~ G ~ dANIEL G. SCHMIEG, ESQUIRE\J Attorney for Plaintiff .. , () r;: i'; I ( : ~~) =2 '" C'_' c:'::, ...r::- .....,.. ,::; ...;;: I CJ1 ~~ -"" o ,&:- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SII/I TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff (s) From RICKY E. STRAUB AND MICHELLE E. STRAUB NO 04-2866 Civil CIVIL ACTION - LAW (I ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property ofthe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $172,859.29 L.L. $.50 Interest FROM 11/4/04 TO 3/2/04 (PER DIEM - $28.42) - $3,381.98 AND COSTS Arty's Comm % Due Pro thy $1.00 Arty Paid $179.70 Other Costs Plaintiff Paid Date: NOVEMBER 5, 2004 CURTIS R. LONG (Seal) Prothono~ '----Bv: //.4 f'l1- 1? . P. ~...IV/~ l' ~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPmA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 W ASIDNGTON MUTUAL BANK, F.A., S/IJI TO NORTH AMERICAN MORTGAGE COMPANY Plaintiff, v. No. 04-2866 CIVIL RICKY E. STRAUB MICHELLE E. STRAUB Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $172,859.29 Interest from 11/4/04 to MARCH 2,2004 (per diem -$28.42) $3,381.98 and Costs TOTAL $176,241.27 \\()S\Ji~>> ~J\Ui~ ~L G. SCHMIEG, ESQUIRE \j 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .. l = It'l \C \C ..... ~< .....~ = '" t--~ .....~ ~~ ~~ ~~ ~~ ~~ O~ Z c}J rJ'l0 ;-I=: rJ'l> ~"" 0 ~~ ~~ ;-I '< ~ -=< ~"" ;;J t~ u;;J ~rJ'l ~~ U ",Z ~Z ~~ ~ ~'f ~~ '"Ci Zz ~~ (l) ~~ i:: O~ ~ = 6o'.;j (l) ~~ ~~ ~ ~ ~~ rn ~~ ~~~ ~~ (l) Ou ..... e3~ ~~ . t';l ,D o~ ~ f s:: >, UZ ;;JU~ ~ rJ'l~ ~~ ;:il~ ~~ t';l ~;;J ~~~ > '~ S 00 ~~ ~ ~ '>, ~O rn ;;J~O ~~ ~ l-< ~u ~ (IS " (l) (l) ~~U U~ ~ ' 13 ~~ ~ 8~ ~e ~~ ~o .....~ 0.. o=: :t:: ~~ ~6 ..' ]< t--~ ~ f3~ ~ .....~ ~ u~ ~ ;-I ~~ Zo U rn =:~ ;-IZ ~ rn ~~ ~O ~ ~ Z;;J <~ ~p ~ ......... ~U ~ ~ -< ~ 'It I... t J >.. .:1' >-- c:~ 0 t... ~ -.:(! . .. ., '.~"~ ,- - ',~;~ ' . . :..13:" ~'~t5 :~'!: ~.~ ( <.: lJ") -! ;:::':i " Of}.': - (~:.: - -- - I ..~ "~, ... ':: .... .. u.,:CL I' ."J' E~ ~l~ ::;:.- ',' "I <':J ~:!i! fE ;jJ ... ~ :' ... (J ~ \--- :z ... ... ~ " ... " tt. ..:::r ,~.::... ~ C:::l _-:.) :J .... C' (:::J L) <'-I I - 8 I I I I () 0 .~ t; C a 0 a <) ~ 0 () ~ () ~ G ~ ......... 0) . . . --.: \ ........ ~ 0-- ~ ~ ~ 0...- ~ ~ 1 ~ 't>J.. - ~ ~ ~ ( LEGAL DESCRIPTION J\Lt, THAT CERTAIN TRACT 01' LAM) SITUA1'E IN MIDDLESEX 'tOWNSHIP, COMBER:LNJm COON"l'Y', PmlNSYLVMO:A, BOONDRD AND DEC8CRl:BED ACCORDllfG TO THB PIiUELDlINAR.Y I PDtAI. SOBDIVIS:ION PLAN !'OR LBB C. AND JBNf B. MORRISON PRBPARED BY FUlHBR. MOWBR.Y ROSBNDALB ARD MS0c::t.ATB6, DIe., SURVEYORS, KIlGIIlEBRS AW PLANERS, DA'.rBD MAY le, 1991 AHD RBVIBSD JONB 24, 1991, 6EPTBNBBR 4, 1991, SBPTEMBER 23, 199~, OC'l'OBBR If 1991, OC'lUBER 22, 1991, AND RECORDBD IN CU!lBERLJIlII) ClOUNTY PI.AH BOOK 63, PMB 114, AS FOLlDWB, TO WIT: BRaIHNIUG Nl A POINT m 'l'RINDLS ROm, S. R. 9'41, AT 'MR SOU'J.'HBASrElm CORNBR OP LOT NO. .. ON TIm ABOVE RBFBRRBD-'TO PLANj 'J."IIEHCB ALONG SAD) r.m m. 4, NORTH 11 DBGRBBS 25 MINtl"!E8 18 SBOOHDS EAST 330.00 PEn 'TO M IRON PIt{ SET; TBENCB ALONG UYr NO. . , OR THE 1IIIOVB: RDlERRED- TO PLAN, SOOTH 7 e J)JI(JRDS :), NINtJTBS 42 SBOOHDS EAST 200.00 PEn 'TO AN IRON PIt{ SET; TBENCB ALONG 1DT NO. 2 OD THB ABOVE REFERRED-TO PLAN, BOOTH 11 DBaREES 23 MlNU'J'HS 18 SBOOltDS WEST 330.00 PEn 'TO A llOINT; 'I1lBNCB ALClIro SAlD TRDlDLB ROAD, 8. R. 8641, NORTH 78 nEGRE88 36 KINOTEB 42 BBCOl\1DB WHST 200.00 Plm"l' 'l'O "I'HB PODlT AND PIJICB OF BBcn:NHINCJ. BBING LOT It). 3 ON '1'Im PRELDlINARY / PIwu, SUBDIVISION PLAN POR LJm C. J\N1) JE>>t E. MORIaSON' J\NI) CONTADfING 1.61 J\CRBS 1 :DtCLUS IVE OF DEDICA'l'ED RIOIl'l' OF WAY. BEINO THE BAKE PROPERTY OONVEYBD TO RICKY B. BreJWB Jl.ND KICIIBLLB STRJWB 1 HUSBAND AND WIn: BY DEB:[) PROM BA.RR.Y G. NIHH':ICE, JR. 1 1IHD LnmA B. KtNNICK, HIS w.IFE RBC!ORDED 06/01/1994 I:H DEED BOOK 106 PALm 287, IN 'l'BB OFFICE OF THE RBCORDER OF DBBD6 OF COKBERI..MID <:!OUHTY", PENNBYINANIA. TAX KEY ~mER: 21-09-0535-041 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-2866 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SJI/I TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff (s) From RICKY E. STRAUB AND MICHELLE E. STRAUB (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $172,859.29 L.L. $.50 Interest FROM 11/4/04 TO 3/2/04 (PER DIEM - $28.42) - $3,381.98 AND COSTS Arty's Corum % Due Prothy $1.00 Arty Paid $179.70 Other Costs Plaintiff Paid Date: NOVEMBER 5, 2004 CURTIS R. LONG (Seal) Prothon~ry .... By: UI,,-.....,. P.~A~~~~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 W ASIDNGTON MUTUAL BANK, F.A., S/I/I TO NORTH AMERICAN MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RICKY E. STRAUB MICHELLE E. STRAUB NO. 04-2866 CIVIL Defendant(s ). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BAN~ F.A., SIIII TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 1731 TRINDLE ROAD, CARLISLE, P A 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICKY E. STRAUB 1731 TRINDLE ROAD CARLISLE, P A 17013 MICHELLE E. STRAUB 444 BROADWAY AVENUE HOPEWELL, PA 16650 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannqt be reasonably ascertained, please indicate) None 4. -Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PO BOX 2026 FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1731 TRINDLE ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 ~e made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities: November 3, 2004 DATE \\OS'l L0_J1~ ~~~ PANIEL G. SCHMIEG, ESQUIRE (j Attorney for Plaintiff r--" ,-) (') =., ~I C (".-:::'l .;;:- '-4 ~';'" .....t ,. f:~~ f~~1 I . ~ c:~ 4C: -C?~ ""',." ! -:) 1-.,'" ~. .. (.Ii i.:~~() ~'~~2 .,.,.- 11 r:~ l. > . J '~n "" ~;.~l ") ~:~ -",. -~.. ()Ill , C~ '::,1 Z 0 ::~~ -:i --.... -'- ..0;- W ASIDNGTON MUTUAL BANK, F.A., SIIfI TO NORTH AMERICAN MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No. 04-2866 CIVIL : v. RICKY E. STRAUB MICHELLE E. STRAUB Defendant( s). November3, 2004 : TO: RICKY E. STRAUB 1731 TRINDLE ROAD CARLISLE, PA 17013 MICHELLE E. STRAUB 444 BROADWAY AVENUE HOPEWELL, PA 16659 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 1731 TRINDLE ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on MARCH 2. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $172.859.29 obtained by WASHINGTON MUTUAL BANK. F.A.. S/I/I TO NORTH AMERICAN MORTGAGE COMPANY (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: 1. 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. . 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an 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 ifthe buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION AI..t. THAT <!ER.'t'AIN TR.N:.'T OF LAND SITUATE IN MIDOI..ESBX 'l'OWNSHIP, ~ COtJN'l'Y', PBNNSYLVAmA, BOOm:lIm AND DEScmIBm 1lCCORDDlG TO 'mB PRELDtINARY I FINAL stmDIVIS:LON PLAN FOR LBB C. AND JJUal E. MORRISON PRBPARlID BY FISRR MOWRY ROSENDALB AND A880CZA'l'BS, INC., SORVlimlRS, BNGIHEBRS .All) PLANERS, DArBD MAY le, 1991 AND REVIBED JONB 24, 19'1, SBPTEMBBR 4, 1"1, 8BPTBMBER 23, 1'91, OCTOBER If 1991, OC'lUBER 22, 1991, AND RECORDBD IN ctmBERL.lWD COUNTY PLAN BOOK 63. PNJE 114, AS JOLI.DW8, TO WIT: BEGINNING AT A POIDT m 'l'RINDLS Rom, S. R.. 9641, AT '.I.'H& SOU'l'HBASTERN CORNBR OF LOT NO. 4 ON THE .ABOVE REFERRED-TO PLAN; TmmCS At:..ONG SAID IDT R'). 4, NORTH 11 DBGR.BE9 25 MINtlTBS 18 SBCQNOS KAST 330.00 nET TO AN IRON pm SET; THENCE ALOW lJJT NO. . , ON TIIB: ABOVE REll'KRRED-TO PIaAN. SOOTH ,e DBGR.DS 3' MINO'TI'S 42 8BCONDS KAST 200.00 nET TO AN IRON pm SET; THENCE ALOW lDT DO. 2 OD THE ABOVE REFERRED-TO PLAN. BOOTH 11 DmREE8 23 MINUTES 18 SBCQNOS WEST 330.00 nET TO A POINT; 'l'HBNC'.:!B AI..ONCJ BAID TRDlDLB ROAD, 8. R. 8641, NORTH 78 OilGRBBB 36 MI:N0TE8 42 8BCOND8 WEST 200.()C) FBET TO THB PO:mT AND PLACE OF BB<lI:Nm:NG. BBINO LOT g). 3 ON THE PRELDlIN1IR.Y / nNAL SUBDIVISION PLAN POR LD C. AND J1CJ\N E. MORRISON AND CON'l'AIJfING 1.61 ACR.BS, Dl'CLt'ISIVE OF DEDI:CATED Rl.GH"1' OF WAY. USING THE 8AI'lB PROPERTY CONVEY'ED TO RICKY B. STRAUB AND MIam:t.LE STP..A08, HUSBAND AND WIn BY OEID) FROM HARR.Y O. MIJiDfICJ:, .:J"R.., AND LINDA 8. MINNICK, HIB w:tFB RECORDED 06/01/19'4 IN DEED BOOK 106 PABE 287, J:N THB OFFICE OF THE RBCORDER OF DlmD6 OF COMBBRI..AND . COUNTY. PENNSYLVANIA. TAX KEY NUMBER: 21-09-0S35-0~ n c :..;; i:' !: .. r--.:> c:;:, c::,:, ..;;;- ,.._~ \..J -ll ',-I :C,-. f n r;"~ '--r::;rTI ~:I:~ CZ . . J ( ) (~ f~~ .r,{"~ :~ -- c'~; .Co'::: I U1 ~.. _.;!;,o -"" o ~.. FEDERMAN AND PHELAN BY: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CillvlBERLAND COUNTY WASHINGTON MUTUAL BANK, F.A., S/I/I TO NORTH AMERICAN MORTGAGE COMPANY vs. COURT OF COMMON PLEAS CIVIL DIVISION RICKY E. STRAUB MICHELLE E. STRAUB NO. 04-2866 CIVIL VRRTFTCA TTON I hereby certify that a true and correct copy of the Notice of She:riff's Sale in the above captioned matter was sent by regular mail and certified mail, return recdpt requested, to the following person(s) RICKY E. on Nnvemher 1 R, ?004 at 1731 TRINDLE ROAD, CARLISLE, P A 17013 and 444 BROADWAY AVENUE, HOPEWELL, PA 16650, in accordance with the Order of Court dated, Septemher 7, ?004 The undersigned understands that this statement is made subject to the penalties of 18 P A. C.S. s4904 relating to unsworn falsificaton to authorities. '\ ~\~ \b ~dlIl)j~ DANffiL G. SCHMIEG, ESQ ATTORNEY FOR PLAINTIFF DATE: December 14, 2004 Federman and Phelan, LLP By: Lawren~ T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 (j SEP 0 1 1004 i Attorney for Plaintiff Washington Mutual Bank, F.A., S/I/I to North American Mortgage Company COURT OF COMMON PLEAS CIVIL D:MSION vs. Cumberl:md COUNTY Ricky E. Straub Michelle E. Straub a!k/a Michelle E. Brawley NO. 04-2866-Civil AND NOW, this ORDER 1~ daYOf~~ ,2004, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service 'of the Complaint, and all future pleadings, on the above captioned Defendant Ricky E. Straub, by: 1. First class mail to Ricky E. Straub at the last known address, 444 Broadway Avenue, Hopewell, Pa 16650 and the mortgaged premises located at 1731 Trindle Road, Carlisle, Pa 17013; and 2. _Certified mail to Ricky E. Straub at the last 13J,own ~dress, 444 Broadway A venue, Hopewell, Pa 16650 and the mortgaged premises located at };,. ,F 1 .. ./ I V~ l' j I /.--- \:i.- J. Q c s: l: tJJ rnrn ~f;: GJ., -....~":::+; ~'" ""j::;.. ---', Zf'.- --..U )>~; ~ , "\. '" c:::> <::;) .s::- o rr1 (""') "", CD o ." --4 I-" rnp -orn -i'jO 01 ::;1 ~f: ("5:0 .~.o r';5rn .:::, 1> :..'X] :..::. -u ~; N .. s:- O':) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WASHINGTON MUTUAL BANK, F .A., ) CIVIL ACTION S/I/I TO NORTH AMERICAN ) MORTGAGE COMPANY vs. RICKY E, STRAUB MICHELLE E. STRAUB ) CIVIL DIVISION ) NO, 04-2866 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for}V ASHINGTON MUTUAL BANK. F.A., SIIII TO NORTH AMERICAN MORTGAGE COMPANY hereby verify that on 11/8/04 true and correct copies of the Notic<, of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 21, 2005 '\\() fi\ I 0 \' ~;CHMIEG, ESQU~ Attorney for Plaintiff ..,..., ~. E - - - - - - t""' . " <.A ... W ,., - 0 "" 00 -.l '" V. ... W '" - ~r ~l g, OJ' ~ ~"" '" g (i' ~ ;; z c 3 tl' .. ~ "... ~ ~ ~ 0 " " (l z ~.. (l ~ ~ . ~'z ~ g ~ ~\ >-l ~ tn "" rn " ~ t g 0 b ~ 0:; .~ g ; 5\ n' ~ tn ~ ~ lia ~ ~ g; '" " tn ~ ~ ~ ~ ~ .. . .... is. ~ ~ ~ .. " - '" en ~ -.l (l W ~ 0 0 - "" ~ "'d' 1;i i ~ 1-g ~ >- " ~ - ~ '" . S i ~li <: ~ ~ ~ t z ~ ~ ~ g ~ CJ i ~ - til (l (l ~ .~ ;; ~ E tit 2 ~ en Y' ~ Z - (Z\1g.\rli w P '" ~ z 815~'~ :>- ~liaog 0 '" - ::e C\ ..... sap., 0 ~ ~~.~. 0 tn " g,3~gl 1';1j - t;; po: 0 w ~ ~~ S,6 g :.: ~ ..- "'.....0 ,., 0'5"85 ..... ,g. ~ ~ 0 0 t~ ~g'o &' 9' '" ~ $r'Q'~'og ~. ~ 'n 0 g.-g!!. ~(a G OJ $-< g (i'~ t""' ~ i ""iOg~ ;~ g.~~g '" ~ '" ~\Cg::l~ -.l ~, on :-l ~i~~% "", 0<' l (l S'B~R v. ~ C ~ ~.~g. ~ o;s,g'd !l li 3 a e: ~ a ...'P. ;::I '" o.~~~ '" ilil~. '" ,.., ,,,,g. .. ,1' g :>- 3~ ~ ~ '" .... .....~ ~ ~ ~.~~a.s. :>- 0 g.;:rali - - .gg8i ~ w - , gl1'gil 0 ~1! ~ '" f <.A " %!"* g.;t . . 4;-'t-\f(:.S pc'S~ 'r~-~ HIl" I ~ ~~ ~ _ f/i"{",,,:;;',,-,,- \- ~\l g I ~ 9- to . z.~ ~,,_ ~.,7,,"- 'g '" ;:;r ::J / %.,;=~~&f#__I;;'.::~/::-%* \lt~i fI, . ~_", '1fNr. 0(/'.'\.'\-" H8- . ..00)1':.<,,,, $ 01.200 ;<:~ 8'" . . v ,- .-J." ~.>.;.....,\.. . g ~ MAlt.E.O ~RO!1J17 ,',,,--, 'cs 20D-4 ;:'(b~~ _IPCODE 19~C ~l;'i'-g z ~ . (0 \ IJ ~ g a f \ U\ 0>2. ""'.,... ",.,.8 " ... " = ~ t:lO "'""'," ~ .,. "0-0"'1 a-:;:,::::;\Q Si'-lGv .g:~itr1%. ~"'1() . . " "1:I~a~ ;~; ~ 8~~> ~\)j~~ oagcr~ -->'" ~~';J"'d ..,;!:i'f< ap..~ !!i "en o. !"' ,".::l .-lS ;: - ~!S ~ 0 ';" ~. ~~e '- < ----~ k ,,-, c:;:) .~;; r' ~1 <.....- !:. """.~ l''' x:- -(t .~,:" C_,) c.) cP COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 5th day of No v, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 2866, at the suit of Washington Mutual Vank F A against Rickv E Straub & Michelle E is duly recorded in Sheriffs Deed Book No. 269, Page 3931. IN TESTIMONY WHEREOF, I h~~ereunto set my hand and eal of said office this /7 day of ,AD. (2~ Washington Mutual Bank, FA VS Ricky E. Straub and Michelle E. Straub The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2866 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on December 07, 2004 at 6:23 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Michelle E. Straub, by making known unto Michelle E. Straub, personally, at 1731 Trindle Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kurt Haag, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 3:23 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ricky E. Straub and Michelle E. Straub, located at 1731 Trindle Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Michelle E. Straub, by regular mail to her last known address of 1731 Trindle Road, Carlisle, PA 17013. This letter was mailed under the date of December 29, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$I,023.66. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge $30.00 20.08 15.00 15.00 30.00 10.00 .50 1.00 7.40 4.42 15.00 30.00 Out of County Bedford County Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 9.00 57.25 20.00 307.25 356.53 30.73 25.00 39.50 $ 1,023.66 Sworn and subscribed to before me So Answers: This fIE} dayofl;_fy /~#~ (~ . R. Thomas Kline, Sheriff 2005, A.D. It () fyu fPh , ~. J. ~ )~ r thonotary BY ~.. <: Real Estate eputy J,)-,Y 0.>- u-V 3D' {O I. .- ek... 5' b 3(,.) /2..... / (,(, I 2 r W ASmNGTON MUTUAL BANK, F.A., S/I/I TO NORTH AMERICAN MORTGAGE COMPAN'l CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RICKY E. STRAUB MICHELLE E. STRAUB NO. 04-2866 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) W ASmNGTON MUTUAL BANK. F.A.. S/I/I TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at. 1731 TRINDLE ROAD. CARLISLE. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICKY E. STRAUB 1731 TRINDLE ROAD CARLISLE, P A 17013 444 BROADWAY AVENUE HOPEWELL, PA 16650 MICHELLE E. STRAUB 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannqt be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PO BOX 2026 FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1731 TRINDLE ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ~e made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 3, 2004 DATE liE\'lu~J~~b ~01I ~IEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -, W ASIDNGTON MUTUAL BANK, FA, S/IJI TO NORTH AMERICAN MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No. 04-2866 CIVIL : v. RICKY E. STRAUB ..,.,.-r'l....,.."... ... T:'"P C"............. ...T...... ITJ..I.'L-.lI.e.LL.r.,~. ~..lnr\.\.JD Defendant(s). November3, 2004 : TO: RICKY E. STRAUB 1731 TRINDLE ROAD CARLISLE, PA 17013 MICHELLE E. STRAUB 444 BROADWAY AVENUE HOPEWELL, PA 16659 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DlSCHARGElN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY-." Your house (real estate) at, 1731 TRINDLE ROAD, CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 2. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $172,859.29 obtained by WASHINGTON MUTUAL BANK. F.A.. SIIII TO NORTH AMERICAN MORTGAGE COMPANY (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: I. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stonned. vour oronertv will he sold to the hil!hest hicJcJer VOl' m"v ~ ~ ... .... '" ...... - .I 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 ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act , immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-91 08 '. LEGAL DESCRIPTION ALL THAT =TAIN T= OF LAND SITOA'l'E IN MIDOLII:SBX '1'QWNSHJ:P, CCMllERLmID COUNTY, PI!NN!lYLVllNIA, llOONDIID AND DESCRiBRD =RDDlG TO TilE PRELIMINARY / FINAL SUBDJ:VISJ:ON PLAN I10R LJ!B C. mID JEAN 13. MORRISON PRBPARBD BY li'ISH1II!. IlOlI1II!.Y ROSBNDAIo13 AND ASB0CJ:A.'J."B6, DlC., SURVEllORS, KNGlNEIlRS AND PLANERS, DATIlD MY le, 1991 J\III) RBVJ:SED JUNE 24, 1991, S13PTEMBBR 4, 1991, SEPTEMBER 23, 1991, OC'roBBR 1, 1.991, OCTOBER. 22, 1.991, AND RECORDIID IN CmIBERLP.ND COUNTY PLJUil BCXlK 63, P.AlJB: 114, AS FOLlDWS, TO WIT: BEGINNING N1' A POINT IN 'l'RINDLR ROm, S. R. 8641, N1' THE! SOOTIIBASTImN CORNER OF LOT NO. 4 ON TIm .l\BOVB RllI?l!RRllD- TO PLAN; TBRNCI! ALONG 8= U>T 00. 4, NORTH 11 DBGRBES 25 MllltITES 18 SECONDS IUlBT 3JO.00 I/'EIlT TO J\N mON PIN SlliT; TBIlIlCl! JILONG !DT NO. G ON THE .l\BOVIil REll'ImRIED-'1'Q PLNl, SOUTH 78 DIl<lRKES 3G MIIltITKS 42 SE(.'ONDS IUlBT 200.00 I/'EIlT TO J\N IRON PIN SET; THENCE JILOllG LOT NO. 2 ON THE ABOVE REFERRED-TO PLAN, BOOTH 11 DEC:IREE8 23 MINUTES 18 SECONDS WEST 3JO.00 I/'EIlT TO A POINT; 'l'IlllNCE ALONO SAID TRINDLE ROAD, 8. R. 8641" NORTH 78 DEXJR.RBS 36 MINUTES 42 BRCONDB WEST 200.00 P'BET TO THE POJ:NT 1\ND PLACB OF IlElGINlUNG. BRING LOT NO. 3 ON THE PRELIMINARY / PINAL Il1lDDIVIBJ:ON PLAN I10R LEE C. 1\ND JEl\N E. MORRISON AND CON'l'AIlfING 1.51 ACRES, nrewsIVE OF DEDrCl'lTEDRIGIIT OF Wl\:'l. BEING THE SAMB PROPERTY CONVEYED TO RrCKY B. STRADB J\NI) !ar-.....T.T.1' STP.AOB, H1JSBAllO J\NI) lIrn BY DEm FROM HARRY G. MIIllf:[CII:, JR., AND LmDA s..IIINNJ:CIt, Brs WJ:I/'E RECORDED 06/01/1994 DI DEEDIlOOK 106 PAm! 287, IN TBB OFFJ:CE OF THE RECORDER OF DEEDS OF CUMBERLAND . COUNTY, PENNSYLVANIA. TAX KBY ~mER: 21-09-0535-041 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04.2866 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA., SIIII TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff(s) From RICKY E. STRAUB AND MICHELLE E. STRAUB (I) You are directed to levy upon the property of the defendant (sland to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a narned garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $172,859.29 L.L. $.50 Interest FROM 11/4/04 TO 3/2104 (PER DIEM. $28.42) .. $3,381.98 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $179.70 Plaintiff Paid Date: NOVEMBER 5, 2004 Other Costs CURTIS R. LONG (Seal) Protho~ ~: , 2 ~/7/2/'r1 Deputy ~ REQUESTING PARTY: Name DANIEL G. SCHMIEG, 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. 62205 TRUE COPY FROM RECORD In T ;:~(;t!rnon1 woo; 001 , I t.e,e unto set my hand and too roo; of said CCllrt at Carilsle. Pa. rhi!l~ day' ~' ~ '-- ~ p <,~ . hoootary Real Estate Sale # I 0 On November 23, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 1731 Trindle Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 23, 2004 ByJfAJ - ~~ tf.., Real E~J;;D~P~ lE: :,1 d 8- AON ~OOl Vd 'AINflO:J UIiV iiJ::JUWfl3 .:I.:IIll3HS 3Hl .:/0331.:1.:10 S ~-;-1.l c:nJ I::::::l <SV Iiinf .{;i", THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Corrnnonwealth of Pennsylvania, County of Dauphin} ss James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Corrnnonwealth 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 18th and 25th day(s) of January and the 1st day(s) of February 2005. 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 ()l , , ~ ............................................... ~,;. J:............................................. N01ARlAl Terry L. Russell, No Oly of HarrisbUrg, [)au My commission Exp"es Member, Pennsylv8nlaA!lSOC a n COPY SALE#10 Sworn to and subscribed before CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 356.53 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday 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. By.................................................................... ""-~~ REAL 1!8U\TEu.l,E 110.10 MIl 110. .,1 II II awlll..... W..hlllg\lln __ ....... VA., tII IIIID__ ~ContpImy V. IIIcIly E. SII;wb_ IIIroMIIe E. StnIub AtIy:.~.rljl...-n ,~ DESCRIPTIoN AlL 11IATam.\lNl1Itloflallll_in _ t......,,;p. Cbmbedaod c....,.l'am- syMDiJ,bouIIded lIDd doocojbed IOOII'lIiDg '" die j>diminaIy I JinaI SuIJoIM$ion Plan fur Lee c. lIDdleaDE._JI"PII"l!bytlslorMowely _lIDd Asso<iIIts.Iac.. Survey<n, &P-. ..... lIDd PIamIen. _ May IS, 1991 lIDd _ June 24, 199~ SepOanbor 4. 1991. Sepltmber 23. 1991. Ol:tnber I. 199~ 0cIllbcr Zl. 1991. lIDd _ in Cumbo:r-laDd c-y P1an_63.J'lgeIl4...-.",wiI: _...jXiDlin1liDdleRllOd,S. R.8641.1t1hc-~"'" . nanerofLotNo.4 <lldleaboYe"""",,,"'PIJB;_o\(IIguid LalNo. "'_11 ~ 2S _1& sec:mlsEast 3.lO.oofeet.'" miron pin o:t:_ o\(IIg Lot No. 6 <II lIle""""~PIm. Soolh 7& cIopoo 36. miDl!Ieo 42 sec:mIs East 200.00 feet'" mironpin o:t:_o\(IIgLal No. 2<11d1e_~PIm. Soolh-l1 cIopoo 23 _18 """"" West 330.00 feet ",.poiDl;_o\(IIguid'lliDdJeRllOd,S.R. 8641. North 78 ~ 36111inulri 42 """"" West 200.00 feet '" die pdDt lIDd pIJce of _. BEING Lot No. 3..lIle pm-Iimimay I JinaI SuIJoIM$ionPlanfurLeeUlIDdleaDE._ lIDdoontainiogl.5I"""fuid.....of_ ri&bt-of-way. BEING die ..... JlI1lIl"lY .,.".,... '" llicq E. SbaDb lIDd Middle SbaDb. _lIDd wife. by ~ from IIBlly G. -. h, lIDd Linda S._IiSwife._06oIlIII!l94in Il<<dBool:I06.J'Ige'JKI,inllloOffu:eofdle ~ of Iloodl .. 0........... C-Y. ~ TnIoyt21~1. " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, VIZ: January 14,21,28,2005 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. ,- TO AND SUBSCRIBED before me this 28 day of January. 2005 ~j~)~~y kjdvu , REAL ESTATE SALE NO. 10 y Wrtt No. 2004-2866 Civil Washington Mutua] Bank, V.A, slili to North American Mortgage Company VS. Ricky E. Straub and Michelle E. Straub Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract ofIand situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described according to the Preliminary IFinal Subdivision Plan for Lee C. and Jean E. Mom- son prepared by Fisher Mowery Rosendale and Associates, Inc., surveyors. engineers and planers. dated May 18, 1991 and revised June 24. 1991, September 4,1991. September 23, 1991. October 1. 1991, October 22. 1991, and re~ corded in Cumberland County PI.. Book 63. Page 114. as foHows. to wtt: BEGINNING at a point in Trindle Road. S. R. 8641. at the southeast- ern corner ofLDt No.4, on the above referred-to Plan; thence along said Lot No.4, North 11 degrees 25 min- utes 18 seconds East 330.00 feet to an iron pin set; thence along Lot No.6 on the above referred-to Plan, South 78 degrees 36 minutes 42 seconds East 200.00 feet to an tron pin set; thence along Lot No. 2 on the above referred-to Plan, South 11 degrees 23 minutes 18 seconds West 330.00 feet to a point: thence along said Trindle Road. S. R. 8641. North 78 degrees 36 minutes 42 seconds West 200.00 feet to the point and place of BEGINNING, BEING Lot No.3 on the Prelimi- nary/Final Subdivision Plan for Lee C. and Jean E. Morrison and con- taining 1.51 acres. inclusive of dedi- cated right of way. BEING the same property con- veyed to Ricky E. Straub and Michelle Straub, husband and wife by Deed from Harry G. Minnick, Jr., and Linda S. Minnick, his wife recorded 06/01/1994 in Deed Book 106 Page 287, in the Office of the Recorder of Deeds of Cumber- land County, Pennsylvania. TAX KEY NUMBER: 21-09-0535- 041.