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HomeMy WebLinkAbout01-1745FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION i6I 7 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK 505 SOUTH MAIN STREET, SUITE 6000 ORANGE, CA 92868-4509 Plaintiff LUELYN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 TH/S PAPER 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 COUN~I3; CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan#:0017917436 Plaintiff is WASHINGTON MUTUAL BANK 505 SOUTH MAIN STREET, SUITE 6000 ORANGE, CA 92868-4509 The name(s) and last known address(es) of the Defendant(s) are: LUELYN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/24/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1636, Page 521. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/00 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. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 3/1/01 (Per Diem $31.92) Attorney's Fees Cumulative Late Charges 8/24/00 to 3/1/01 Cost of Suit and Title Search Subtotal $104,213.03 4,851.84 4,000.00 298.45 550.00 $113,913.32 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $113,913.32 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $113,913.32, together with interest from 3/1/01 at the rate of $31.92 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: TO: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM J.nu, 23,2oo FORECLOSURE Luel~ M. Carchidi 203 Widde~ D~ve Mec~nicsburg, PA 17055-5777 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached va~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proeram works. To see if HEMAP can help, you mnst MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseline Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearine can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGILa, MA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Luelyn M. Carchidi PROPERTY ADDRESS: 203 Widders Dr.-Meehanicsburg, PA 17055 LOAN ACCT. NO.: 0017917436 ORIGINAL LENDER: Ameriquest Mortgage Company CURRENT LENDERJSERVICER: Ameriquest Mortgage Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WI-IICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender rnav NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers ofdesienated consumer credit counsel[ne aeencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agevcy has sixty (60) days to make a decision after it receives your application. During that time, no tbreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CU~RE YOUR MORTGAGE DEFAULT (Brin~, it uv to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 203 Widders Dr.-Mechunicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartYEnd: 11/1/00 thru 1/1/01 at $994.77 per month. Monthly Payments Plus Late Charges Accmed $3,223.07 NSF: $0.00 Inspections: $0.00 Other: $0.00 (Suspense): $0.00 Total amount to cure default $3,223.07 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,223.07, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: AMERIQUEST MORTGAGE COMPANY, 505 South Main Street, 6th Floor, Orange, CA 92868, Attention:Collectious Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri~,hts to accelerate the mortea~,e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortga~,e property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default w~thin the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to EXHIBITA cure the default and prevent the sale at an'/time uo to one hour before the Sheriff's Sale. You may do so by pavin~ the total mount then past due, I~lns any late or other char,,es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the morteaee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the SheriWs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: AMERIQUEST MORTGAGE COMPANY 505 Sooth Main Street, 6~h Floor Orange, CA 92868 Tel:(800) 430-5262 Attention: Collections Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSIT/ON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, Arm: Collections Department AMERIQUEST MORTGAGE COMPANY Account No.: 0017917436 Mailed by 1st Class mail/Certificate of Mailing and Certified Mail No: 7106 4575 1294 1900 6557 EXHIBITA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY A~SISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Cornmision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (5707 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665---(Call Before Faxing) (570) 4554994 HazeRown FAX (570) 455-563 l- (Call Before Faxing) (570) 8364090 Tunkharmock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F Kennedy Center, Inc 2021 East 20~ Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N 6a Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 ContmunityAction Commofthe Capital Region 1514 DerrySReet Hamsburg, PA 17104 (717) 232-9757 FAX(717)234-2227 CCCS of Northeastern PA 1631 South Atheaon St., Suite 100 State College, PA 16801 (814) 238-3668 lAX (814) 238-3669 COLUMBIA COUNTY 1400 Abington Executive Park Suite 1 Clarks SununiL PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 CRAWFORD COUNTY CUMBERLAND COUNTY Greater Erie Community Action Committee 18 West 9a' Street Erie, PA 16501 (814)459-4581 FAX (814) 456-0161 Shenangu Valley Urban League, Inc 601 Indiana Avenue Fan-ell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3~a Street ' Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Cat/isle, PA 17013 e (717) 243-3818 FAX (717) 731-9589 Adams County Housing AuthorJt-j 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX 334~8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBITA (I19~2) feat ~ a ~t st ~ ~o. 2~; ~c ~ ~t ~o. 2~, ~ ~ (1~) ~ ~ m~ut~ f~t (48) ~ ~, t~ty=~ ~ ~-t~ h~ ~9~) ~ to a p~t at ~t ~o. 30~ ~k~ce al~ ~t ~o. 30, ~ ~-~v~ (~ ~ ~gh~ m~n~ ~ (16) ~a~ W~, ~ h~ f~o~ ~ s~-~ h~ D~ve. No~ tw~o ~) d~, f~-~e (41) m~-~ fo~f~ (44) ~ W~t, ~e h~ ~ny (140) f~t to a ~nt ~ ~c ~t~ sfde of Widd~ ~v~ and ~ pla~ of numbered 203 V~'idde~s Drive. VERIFICATION Priscilla Clark hereby states that he/she is Foreclosure Specialist of mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true ~nd correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Priscilla Clark, Foreclosure Specialist SHERIFFIS RETURN - CASE NO: 2001-01745 P COMMON-WEALTH OF PENNSYLVanIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS CARCHIDI LUELYN M REGULAR STEVEN M. WHISTLER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE CARCHIDI LUELYN M DEFENDANT , at 1708:00 HOURS, at 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 LUELYN M. CARCHIDI a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 3rd day of April , 2001 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service 5.58 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 33.58 04/04/2001 FEDERMAN & PHELAN Deputy Sheriff Sworn and Subscribed to before me this //~-- day of  ~t A.D. 'P~othonotary ~ FEDERM/kNAND PHELAN, L.L.P. Prank Federman, Esquire Identification No. 12248 ~One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK : COURT OF COMMON PLEAS : CIVIL DIVISION vs. LUELYN M. CARCHIDI Defendant (s) : CUMBERLAND COUNTY : NO. 01-1745 TO: LUELYNM. CARCHIDI 203 SOUTH MAIN STREET, MECHANICSBUR~,PA%7055 DATE OF NOTICE: MAY 10,2001 SUITE 6000 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 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 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 Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK VS. LUELYN M. CARCHIDI Attorney for Plaintiff : CUMBERLAND COUNTY : Plaintiff : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-1745 : Defendant(s) : .. VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQU1RE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant LUELYN M. CARCHIDI is over 18 years of age and resides at 203 WlDDERS DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attomey for Plaintiff (Rule of Civil Procedure No. 236 - Revised) WASHINGTON MUTUAL BANK Plaintiff LUELYN M. CARCHIDI Defendant(s) CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-1745 Notice is given that a Judgment in the above captioned matter has been entered against you on MAY ,2ooo. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAEC1PE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK : Plaintiff, : LUELYN M. CARCHIDI : Defendant(s). : CUMBERLAND COUNTY No. 01-1745 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/21/01 to 9/5/01 (per diem - $19.16) TOTAL $116,530.76 $2,049.66 and Costs $I 18,580.42 ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA l 9103 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land situate in Mo~oe Townsh/p, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Widders Drive, a fifty (50) foot wide street; thence along lands now or formerly of Lloyd B. Widders, North sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds East, one hundred nineteen and fifty-two hundredths (119,52) feet to a point at Lot No. 24; thence along Lot No. 24, South eighteen (18) de~ees two (2) minutes twenty- six (26) seconds East, one hundred eleven and sixty-six hundredths (111.66) feet to a point at Lot No. 23; ~ence along Lot No. 23, South thirty (30) degrees fifty-one (51) minutes forty-eight (45) seconds East, twenty nine and twenty-two hundredths (29.22) feet to a point at Lot No. 30; thence . along Lot No. 30, South sixty-seven (67) degrees eighteen (18) minutes sLxteen (16) seconds West,::. one hundred fourteen and sixty-three hundredths (114.63) feet to a point on the eastern side of Widders Driv~i ttxence along the eastern side of Widders Drive, North twenty-two (22) degrees, forty one (41) minutes forty-four (44) seconds West, one hundred forty (140) feet to a point on the eastern side of Widders Drive, and the place of BEGINNING. BEING Lot No. 29 of Monroe Acres, as shown on Section B, ha accordance with a survey of Larsen and Brilhart, Inc., registered Surveyors, dared June 18, 1970, and recorded in Plan Book 22, at page I. HAVING THEREON ERECTED a modified split-level brick and aluminum siding dwelling numbered 203 Widders Drive, TAX PARCEL #22-29-24t63-081 TITLE TO SAID PREMISES IS VESTED IN Luetyn M. Carchidi, widow by Deed from Luelyn M. Carchidi, widow dated 8/24/00 and recorded 8/31/00 in Record Book 228 Page 387. WASHINGTON MUTUAL BANK Plaintiff, LUELYN M. CARCHIDI Defendant(s). CUMBERLAND cOUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1745 AFFIDAVIT PUrRSUANT TO RULE 3 129 (Affidavit No. l) WASHINGTON MUTUAL BANK, 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 203 WlDDERS DRIVEMECHANICSBURG, PA 17055 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) LUELYN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNO;VN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above ~op~address of every judgment creditor whose judgmem isa record lien on the rea' , I Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 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 so indicate.) None 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 203 WIDDERS DR/VE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland 13 North Hanover Street County 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 belie£ 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. May 25, 2001 DATE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK Plaintiff, LUELYN M. CARCHIDI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1745 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 FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK : Plaintiff, : LUELYN M. CARCHIDI : : Defendant(s). : TO: LUELYN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-1745 May 25, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 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 203 WIDDERS DRIVEMECHANICSBURG, PA 17055is .. scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by WASHINGTON MUTUAL BANK (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: l. 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, ifthe.~udgment 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 t~ough only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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 Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Permsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Widders Drive, a fifty (50) foot wide street; thence along lands now or formerly of Lloyd/3. Widders, North sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds EasT, one hundred nineteen and fifty-two hundredths (119.52) feet to a point at Lot No. 24; thence along Lot No. 24, South eighteen (18) degrees two (2) minutes twenty- six (26) seconds East, one hundred eleven and sixty-six hundredths (111.66) feet to a point at Lot No. 23; thence along Lot No. 23, South thirty (30) degrees fifty-one (51) minutes forty-eight (48) seconds East, twenty nine and twenty-two hundredths (29.22) feet to a point at Lot No. 30; thence along Lot No. 30, South sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds West .... one hundred fourteen and sixty-three hundredths (114.63) feet to a point on the eastern side of Widders Drivgi thence along the eastern side of Widders Drive, North twenty-two (22) degrees, forty one (41) minutes forty-four (44) seconds West, one hundred forty (140) feet to a l~oint on the eastern side of Widders Drive, and the place of BEGINNING. BEING Lot No. 29 of Monroe Acres, as shown on Section B, in accordance with a survey of Larsen and Brilhart, Inc., registered Surveyors, dated June i8, 1970, and recorded in Plan Book 22, at page 1. HAVING THEREON ERECTED a modified split-level brick and aluminum siding dwelling numbered 203 Widders Drive. TAX PARCEL #22-29-2463-081 TITLE TO SAID PREMISES IS VESTED IN Luelyn M. Carchidi, widow by Deed from Luelyn M. Carchidi, widow dated 8/24/00 and recorded 8/31/00 in Record Book 228 Page 387. ? FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK VS. LUELYN M. CARCHIDI ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-1745 ORDER AND NOW, this ]~ ~(~y of '~/~" ,2001, upon consideration of Plaintiffs 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), LUELYN M. CARCHIDI, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attomey, who will file with the Prothonotary's Office an Affidavit of service. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK VS. LUELYN M. CARCHIDI ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY No.: 01-1745 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 serve 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, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B." WHEREFORE, 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 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WASHINGTON MUTUAL BANK LUELYN M. CARCHIDI SERVE LUELYN M. CARCHIDI AT 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No.01-1745 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock __.m., at , Commonwealth of Pennsylvania, 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)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age __ Height ___ Weight __ Race __ Sex __ Other 1, , a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of Sheriffs 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: Onthe~ '/"0at~]t// dayof '~'-N X Moved __ Unknown NOT SERVED ,200 ], at /~; ~0 o'clock¢'m, Defendant NOT FOUND because' No Answer Vacant Sworn to and su~sribed ~ ~k ~O before ce this ~ day Nota~:~~.~ By: ~ ~ ~ttorn~, f~l~int~ff '~P Frank F~erman, Esquire - LD. ho. 12248 One Penn Center Suburban Station, Suite 1400 J Notarial S~I Philadelphia~ PA 19103 ] Sm~ L H~r, Nom~ Public (215) 563-7000 C~ ~m, FmnMin Coun~ ~ My ~l~n E~i~ Aug, 5, 2~2 Member, ~nnsy~vanla A~oelaflon ot Notaries EXHIBITA PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 01-1746 Attorney Firm: TRACK STARS Case Number: Subject: LUELYN M CARCHIDI A.K.A.: None Last Known Address: 203 WIDDERS DRIVE MECHANICSBURG, PA 17058 Last Known Number: ( ) Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 07/05/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation am as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER:208-42-7165 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Luelyn. C. INQUIRY OF CREDITORS: The creditors indicated that Luelyn is living at 208 Widders Drive, Mechanicsburg, Pa. 17085 with no valid home phone number. Luelyn filed chapter 7 bankruptcy in April 1998 with attorney Keith Dearmond. Case # 98-01674 with a release date of July 1998. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Luelyn Carchidi. INQUIRY OF NEIGHBORS - Contacted 717-790-9103 registered at 206 Widders Drive and spoke with a neighbor who stated Luelyn Carchidi is living at the last known address. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of June 27, 2001 the National Change of Address (NCOA) has no change for Luelyn from last known address. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Luelyn listed at last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of June 27, 2001 the Social Security Administration has no death record on file for Luelyn M Carchidi under her social security number. EXHIBIT 'B. PUBLIC LICENSES ( PILOT, REAL ESTATE,'ETC. ):, 'None I~ound C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Luelyn listed at the last known address. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: 08/51 AFFIANT Mic. l~'ael K Gross Krist ne M Scott, Notary Public Subs, ~.ed/a n d ~wj~rn t o be fore m.e' o~07,/.~5/2001 ~ .// layers National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINT~F ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-1745 LUELYN M. CARCHIDI MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiffmay 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 Sheriffs retum 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." Adoption 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 Information Act, 39 C.F.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 Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the 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 tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF Leo Magee Foreclosure Department Law Offices FEDERMAN AND PHELAN One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-5534 Representing Lenders in Pennsylvania and New Jersey July 9, 2001 Office of the Prothonotary Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 Re: SHERIFF'S COPy WASHINGTON MUTUAL BANK v. LUELYN M. CARCHIDI No. 01-1745 Premises: 203 WlDDERS DRIVE, MECHANICSBURG, PA 17055 Dear Sir/Madam: Enclosed for filing and transmittal to the assimaed Civil Simaing Judge for execution, please find Plaintiffs Petition for Service of the Notice of saie Pursuant to Special Order of Court and proposed Order. Kindly return a time-stamped copy in the enclosed self-addressed stamped envelope. Also, find attached a copy of the Order granting alternative service which should be signed by the Judge. Please return this signed Order in the attached stamped self-addressed envelope. Very truly yours, Leo Magee for Federman and Phelan /leo enclosures CC: AMERIQUEST MORTGAGE COMPANY Attention: Foreclosure Department File #0017917436 FEDEP~V~N ~ PffBLA~N By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUrE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK VS. LUELYN M. CARCHIDI ATTORNEY FOR PLAINTIFF COURT.OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-1745 ORDER AND NOW, this __ day of ,2001, upon consideration of Pla'lntifPs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Notice of Sale on the above captioned Defendant(s), LUELYN M. CARCHIDI, by mailing a tree and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises. 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 AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WASHINGTON MUTUAL BANK CUMBERLAND COUNTY vs. No.: 01-1745 LUELYN M. CARCHIDI 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 serve 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 &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 results therefi:om is attached hereto as Exhibit "B." WltEREFORE, 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 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WASHINGTON MUTUAL BANK LUELYN M. CARCHIDI SERVE LUELYN M. CARCHIDI AT 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No.01-1745 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 SERVED Served and made knn~ to , Defendant, on the day of ,200_, at , o'clock __.m., at , Commonwealth of Pennsylvania, in the manner described below: __Defendant personally served. __Adult farmly member with whom Defendant(s) reside(s). Relationship ts __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height __ Weight Race Sex Other 1, , 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 Sherifffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swomto andsubscr~ed before methis__day of ,200_. Nomry: By: On the,. ,/,/-~ day of '"~"/q X Moved __ Unknown NOT SERVED ,200_1, 4; ~0 o'clock m., Defendant NOT at _~. FOUND because: N6'Answer Vacant Sworn to and su,~?ibed ~ ~'~' ~"'~ ['~ ~ ~'S' before ~e ~is ~ day of ,2oo2., ~:~~2~ 1, ~48By: ~ One Penn Center Suburban Station, Suite 1400 Philadelphia. PA 19103 (215~ 563- ~000 EXHIBIT A PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 01-1745 Attorney Firm: TRACK STARS Case Number: Subje~: LUELYN M CARCHIDI A.K.A.: None Last Known Address: 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 Last Known Number: ( ) Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 07/05/2001, 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:208-42-7165 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Luelyn. C. INQUIRY OF CREDITORS: The creditors indicated that Luelyn is living at 203 Widders Drive, Mechanicsburg, Pa. 17055 with no valid home phone number. Luelyn filed chapter 7 bankruptcy in April 1998 with attorney Keith Dearmond. Case # 98-01674 with a release date of July 1998. INQUIRY OF TELEPHONE COMPANY- A. DIRECTORY ASSISTANCE SEARCH: The directory assistance has no listing for Luelyn Carchidi. INQUIRY OF NEIGHBORS - Contacted 717-790-9103 registered at 205 Widders Drive and spoke with a neighbor who stated Luelyn Carchidi is living at the last known address. iNQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of June 27, 2001 the National Change of Address (NCOA) has no change for Luelyn from last known address. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Luelyn listed at last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of June 27, 2001 the Social Security Administration has no death record on file for Luelyn M Carchidi under her social security number. C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Ltmlyn listed at the last known address. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: 08/51 AFFIANT Mic/b'ael K Gross -- ~ ~'"'"';~O'TAF~Y sEA~L.".. ,/ / · Subsc_~ and ~swJ{rn to before FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS ,CIVIL DIVISION CUMBERLAND COUNTY No.: 01-1745 LUELYN M. CARCHIDI MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, the plaintiffmay 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 Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polls, 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." Adoption 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 Information Act, 39 C.F.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 Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been marie as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WI-IEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: ATTORNEY FOR PLAINT~F Leo Magee Foreclosure Department Law Offices FEDERMAN AND PHELAN One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 - 1814 (215) 563-7000 Fax: (215) 563-5534 Representing Lenders in Pennsylvania and New Jersey July 9, 2001 Office of the Prothonotary Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 Re: WASHINGTON MUTUAL BANK v. LUELYN M. CARCHIDI No. 01-1745 Premises: 203 WlDDERS DRIVE, MECHANICSBURG, PA 17055 Dear Sir/Madam: Enclosed for filing and transmittal to the assim~ed Civil Si~nine Judge for execution, please find Plaintiff's Petition for Service of the Notice of sale Pursuant to Special Order of Court and proposed Order. Kindly retum a time-stamped copy in the enclosed self-addressed stamped envelope. Also, find attached a copy of the Order granting alternative service which should be signed by the Judge. Please return this signed Order in the attached stamped self-addressed envelope. Very truly ~yours, Leo Magee for Federman and Phelan /leo enclosures CC: )2vIER[QUEST MORTGAGE COMPANY Attention: Foreclosure Department File #0017917436 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FORPLA1NTIFF COURT OF COMMONPLEAS CIV~ DIVISION WASHINGTON MUTUAL BANK CUMBERLAND COUNTY VS. No.: 01-1745 LUELYN M. CARCHIDI AFFIDAVIT I hereby certify that a tree and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to LUELYN M. CARCHIDI on 07/24/01 at 203 WlDDERS DRIVE, MECHANICSBURG, PA 17055, in accordance with the Order of Court dated 07/16/01. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Date: July 25, 2001 7106 4575 1294 4769 9901 LUELYN M. GARCH-tDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 SENDER: LEO REFERENCE: SALES ETURN t,g, RECEIPT Certified Fee 2. ] 0 Return Receipt Fee R~r~ed ~1~ 3.20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK Plaintiff VS. LUELYN M. CARCHIDI Defendants CIVIL DIVISION No. 01-1745 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS: I, FRANK FEDERMAN, ESQ., attorney for WASHINGTON MUTUAL BANK, hereby verify that on JUNE 6. 2001, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on JUNE 6, 2001 and JULY 24, 2001 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. Date: Au(~ust 10, 2001 FE ERMAN, ESQUIRE / E~_E. RMI Attorney for Plaintiff ~'ItBIT A F-XH131TA EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK Plaintiff CIVIL DIVISION VS, LUELYN M. CARCHIDI Defendants No. 01-1745 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for WASHINGTON MUTOAL BANK, hereby vedfy that on JUNE 6, 2001, true and correct copies of the Notice of Sheriff's Sale were served ~by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on JUNE 6, 2001 and JULY 24, 2001 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. Date: August 10, 2001 E ERMAN, ESQUIRE / I ~E~_E. R.M./. Attorney Tor Plaintiff p~ rr ~ ,, .... STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLAND/ ss. Robert P ~.iegler I, ............................................................................. Recorder of Deeds in and for said County and Slate do'hereby certify that the Sheriff's Deed in which Wahsington Mutual Bank .................................................................................... is the grantee 5th the same having been sold to said grantee un the ............................................... day of September A.D., ~ 01 ............................................. , under and by vlrtu¢ of a writ Execution 8th ................................................ issued on the ..................................... June 01 day of .......................... A.D., ..... ~ out o{ the Court of Comman Picas o{ said County as of Givil O1 Num; 1745 . Washington Mutual Bank ocr .............. , at the suit of ............................................................... Luelyn M Carchidi ................................... ag mst .................................................... 248 3926 duly recorded in Sheri{Cs Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I ha~ereunto t y hand and seal of szld office thi~ ~_ ....... day Washington Mutual Bank VS Luelyn M. Carchidi In The Court of Common Pleas of Cumberland County, Peunsylvania Writ No. 2001-1745 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, says on July 25, 2001 at 8:33 o'clock PM EDST, he served a true copy of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants to wit: Luelyn M. Carchidi, by making known unto Luelyn Carchidi, at 419 Fairview Ave., Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states on July 2, 2001 at 10:00 o'clock A.M., EDST, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description upon the property of Luelyn M. Carchidi located at 203 Widders Drive, Mechanicsburg, PA 17055, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Luelyn M. Carchidi, by regular mail to her last known address of 203 Widders Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of July 26, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $1.00 to Attorney Dale Shughart (for Attorney Frank Federman) for Washington Mutual Bank. It being the highest bid and best price received for the same, Washington Mutual Bank of 505 South Main Street, Suite 6000, Orange, CA 92868- 4509, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $812.39, it being costs. Sheriff' s Costs: Docketing $30.00 Poundage 15.93 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.60 Certified Mail 1.71 Levy 15.00 Surcharge 20.00 Law Journal 321.20 Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 244.29 25.66 25.00 26.50 $812.39 paid by attorney 10-03-01 Sworn and subscribed to before me This 4/.o'- day of ~ 2001, A.D. q~7,~7' ~ ~ ~' Prothonotary So Answers;. R. Thomas Kline, S~eriff Real Estate Deputy WAS[-IINGTON MUTUAL BANK Plaintiff, LUELYN M. CARCHIDI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1'745 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, 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 203 WlDDERS DRIVEMECHANICSBURG, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) LUELYN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) GREENWOOD TRUST COMPANY C/O EDWARD STOCK 18TM FLR. 1608 WALNUT STREET PHILADELPHIA, PA 19103 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cam~ot be reasonably ascertained, please so indicate.) None 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 so indicate.) None 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 203 WIDDERS DRIVE 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 tree and correct to the best of my personal knowledge or intbrmation 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. May 25, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK : Plaintiff, : LUELY'N M. CARCHIDI : Defendant(s). : TO: LUELYN M. CARCHIDI 203 WIDDERS DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-1745 May 25, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR. THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 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 203 WIDDERS DRIVEMECHANICSBURG, PA 17055is .. scheduled to be sold at the Sherif£s Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by WASHINGTON MUTUAL BANK (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 Sheriff's 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 fights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Widders Drive, a fifty (50) foot wide street; thence along lands now or formerly of Lloyd B. Widders, North sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds East, one hundred nineteen and fifty-two hundredths (119.52) feet to a point at Lot No. 24; thence along Lot No. 24, South eighteen (18) degrees two (2) minutes twenty- six (26) seconds East; one hundred eleven and sixty-six hundredths (111.66) feet to a point at Lot No. 23; thence along Lot No. 23, South th/rry (30) degrees fifty-one (51) minutes forty-eight (48) seconds East, twenty nine and twenty-two hundredths (29.22) feet to a point at Lot No. 30; thence along Lot No. 30, South sixty-seven (67) degrees eighteen (18) minutes sixteen (16) seconds West,. one hundred fourteen and sixty-three hundredths (114~63) feet to a point on the eastern side of Widders Drive; thence along the eastern side of Widders Drive, North twenty-two (22) degrees, forty one (41) minutes forty-four (44) seconds West, one hundred forty (140) feet to a point on the eastern side of Widders Drive, and the place of BEGINNING. BEING Lot No. 29 of Monroe Acres, as shown on Section B, in accordance with a survey of Larsen and Brilhart, Inc., registered Surveyors, dared June 18, 1970, and recorded in Plan Book 22, at page 1. HAVING THEREON ERECTED a modified split-level brick and aluminum siding dwelling numbered 203 Widders Drive. TAX PARCEL//22-29-2463-081 TfTLE TO SAID PREMISES IS VESTED IN Luelyn M. Carchidi, widow by Deed from Luelyn M. Carchidi, widow dated 8/24/00 and recorded 8/31/00 in Record Book 228 Page 387. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF _ ~berl~-,nd To satisfy the debt, interest and costs due from NO. _COUNTY: Washnigton Mutual _Bank Luelyn M. Carchidi, 203 Widders Drive, Mechanicsburg, PA 17055 01-1745 CIVIL 1~X TERV~ CIVIL ACTION - LAW PLAINTIFF(S) (1) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) 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 lo notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 propertyof 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 $116,530.76 L.L. frcm 5/21/01 to 9/5/01 Interest (per diem-$19,'~6) $?04q.66 and Costs DueProthy Atty's Corem % Other Costs Arty Paid $105.58 __ Plaintiff Paid_ $.50 $1.00 Date: ~J~ne 8~ 2001 REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station, Suite 1400 _Philadelphia, PA 19103 A~orney for: Plaintiff Telephone: 215-563-7000 Supreme Coup1 IDNo, 12248 Curtis R. Long Prothonotary, Civil Division Deputy REAL ESTATE SALE-No. ~ /,f~cL, m,~,~~'~J' ~'-- and more fully described on Exhibit "A" filed this writ and by this reference incorporated herein, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger Mo Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of generai circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. RF, AL .~STAT~ ~ ~0. ~$ Writ No. 2001-1745 Civil Washington Mutu~d Bank Luelyn M. Carchldi Atty.: Frmak Federman ALL THAT CERT~ Watt of~ situate ~ Mome Toss.p, C~- ~m P~ly bo~d~ ~d de- s~d ~ fo~m. ~ ~t: B~GINNING at a po~t on ~ Roge(~~ SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST, 2001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to ~aw, deposes and says: That he is the Acounts Receivable Manager 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, 1954, 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/ Metre editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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 ,~,~ n to and aubsoribed b545~lme ~3is 21s)/day 9~,~ugust 2001 A.D. S A L E #33 T~ MyC~mmisslenE~p~Ju~e6,[~x~ ~ F I~O~ARY PUBLIC Member, pennsylva~iaAssociatle~olN~a~ My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUN'rY 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 $ 242.79 $ 1.5o $ 244.29 Publisher's Receipt for Advertising Cost 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.