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HomeMy WebLinkAbout02-0128FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 V. Plaintiff TERM NO. Da - /R? C4. J JOSEPH M. UHRINEK A/K/A JOSEPH M. UHRINCK CHERI A. UHRINEK A/K/A CHERI A. UHRINCK 50 PINE RIDGE CIRCLE ENOLA, PA 17025 Defendant(s) CUMBERLAND COUNTY 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 THIS 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 COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Loan #:59452584 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. Plaintiff is WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH M. UHRINEK A/K/A JOSEPH M. UHRINCK CHERI A. UHRINCK A/K/A CHERI A. UHRINCK 50 PINE RIDGE CIRCLE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/24/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1450, Page 435. By Assignment of Mortgage recorded 5/1/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 575, Page 487. 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 8/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $111,299.61 Interest 3,807.30 7/1/01 through 1/1/02 (Per Diem $20.58) Attorney's Fees 1,225.00 Cumulative Late Charges 0.00 4/24/98 to 1/1/02 Cost of Suit and Title Search 550.00 Subtotal $116,881.91 Escrow Credit 0.00 Deficit 269.43 Subtotal 269.43 TOTAL $117,151.34 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 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; 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 $ 117,151.34, together with interest from 1/1/02 at the rate of $20.58 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. C 9&-G? /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff X15.. hq(A ()- . biil..;i !-:ND 00 UN F PA '96 NH 1 Pn 12 08 Parcel Number: CONV-122283 ?9-q y T ;IT- [Spue Above Thia tine For Rsordiog Dotal After Recording and Return to: GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. MORTGAGE One West First Avenue, 2nd Flr Conshohocken, Pa 19428 ATTN: Final Document Department Prepared by BETSY STILO THIS MORTGAGE("Security Instrument") is given on APRIL 24, 1998 The mortgagor is JOSEPH M UHRINEK and CHERI A UHRINEK ("Borrower"). This Security Instrument is given to MORTGAGE SERVICES, L.P. GATEWAY FUNDING DIVERSIFIED which is organized and existing under the laws of Commonwealth of Pennsylvania , and whose address is One West First Avenue, 2nd Fir Conshohocken, Pa 19428 ("Lender"). Borrower owes Lender the principal sum of One Hundred Fifteen Thousand Five Hundred and no/100 ). Dollars (U.S. $ 115,500.00 This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 01, 2028 This Security Instrumentsecures to Lender: (a) the repaymentof the debt evidenced by the Note, with interest, and ad renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrumentand the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: which has the address of 50 PINE RIDGE CIRCLE, ENOLA Pennsylvania 17025 (Zip C°dej ("Property Address"); PENNSYLVANIA-Single Family- NMAWHLMC UNIFORM INSTRUMENT Fwm 1099 91%0 ®•aRIPAI mam.os AmandW SI m ne.1 m s . ?. . UAN, 10 en,"G rm`°""'-.1621 eood450ract 435 [Street. City], CONV-122283 TOGS-IHERWITH at] the improvements now or hereaftererectedou the property, and all casements, appurtenances,and futures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORRO WERCO VENANTS that Burroweru lawfully seised of the estatehereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrancesof record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENTcombines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORMCO VENANTS. Borrower and Lender covenant and agree as follows: 1. Payment or Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lenderon the day monthly paymcnesare due underthe Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessmentswhich may attain priority over this Security Instrumentas a lien on the Property, (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurancepremiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with ,-he provisions of paragraph i, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Leader may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage luau may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amendedfrom time to time, t2 U.S.C. Section 2601 et seq. ("RESPA"), unless mothcrlaw that applies to the Funds sets a lesser amount If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Foods shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Leader is such an institution) or in my Federal Home Loan Bank. Lender shall apply the Foods to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independentreal estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable taw requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Fonds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Foods, showing credits and debits to the Foods and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permittedto be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirementsof applicable law. If the amount of the Fonds held by Lender at any time is not sufficient to pay the Escrow Items when due, Leadermay so notify Borrower in writing, and, in such case Burrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Leader. If, under paragraph2l, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any funds held by Leader at the time of acquisition or sale as a credit against the sums seemed by this Security Instrument. - 3. Application of Payments. Unless applicablelaw provides otherwise, all paymentsremived by Lenderunderparagraphs 1 and 2 shall be applied: fast, to any prepaymentcharges due under the Note; second, to amountspayable under paragraph2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributableto the Property which may attain priority over this Security instrument, and leasehold payments or ground rents, if any. Borrower shall pay those obligations in the mannerprovided in paragraph2, or if not paid in thatmanner, Borrowershall pay themon time directly to the person owed payment Borrower shall promptly furnish to Leader all notices of amc mtsto be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any hen which has priority over this Security Instrumeatunless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the Gen in, legal proceedings which in the Leader's opinion operate to prevent the enforcement of the Gen; or (c) secures from the holder of the lien an agreementsatisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. ?r? tem.,`. .b:. a BOON (M GRWA) mom.oa 14506-m 430 Form 0a8 9/80 7t10aRYPA.Frm CONV-122283 • 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage' and any other hazards, including floods or.Oooding, for which Lender requires insurance. This insuranceshaft be maintainedin the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Leader's option, obtain coverage to protect Lender's Tights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lenderrequires, Borrowershall promptly give to Lender all receipts of paid premiumsand renewal notices. In the event of loss, Borrewershall Ave promptnotice to the insurance carrierand Lender. Leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceecisshall be applied to resturationor repair of the Property damaged, if the restorationor repair is economically feasible and Lender's security is not lessened. If the reslorationur repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Leader may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, my application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph2l the Property is acquired by Lender, Burrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums securedby this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property Borrower's Loan Application; Leaseholds. BorrowershaB occupy, establish, and me the Property as Borrower's principal residencewilhin sixty days after the execution of this Security lostrumentand shall continue to occupy the Property as Borrower's principal residencefor at least one year after the dale of occupancy, unless Lender otherwise agrees in writing, which cement shall not be nareascu ablywithheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien createdby this Security Instrumentor Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph18, by causing the action or proceedingto be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Leader's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statementsto Lender (or failed to provide Lenderwith my material information) in coanectionwith the loan evidenced by the Note, including, but not limited to, represeulationsconcerning Borrower's occupancy of the Property as a principal residence. If this Security Instrumentis on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreementscontainedin this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnationor forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonableattorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of maldng the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for my reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substamially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Leader will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve a ue 1450 ?ACF, 437 ~ * SFWA) 1006FWA ,.m ' ' rro• a •? a F. 9 9Ia0 aP t00sRaPA.Frm CONV-122283 payments may no longer he required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Leader again becomes available and is obtained Borrower shall pay the premiumsrequiredto maintain mortgage insurance in effect, or to provide a loss reserve, until the requirementfar mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Leader or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnationor other taking of :my part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proccadsshall be applied to the sums securedby this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrumentimmediately hefore the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be pad to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandonedby Borrower, or if, after notice by Lender to Borrower that the condeamoroffers to make an award or settle a claim for damages, Borrower fads to respond to Lender within 30 days after the date the notice is given, Leader is authorized to collect and apply the proceeds, at its option, either to restoradonor repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Burrower Not Released; Forbearance By Lender Not a Waiver. Exension of the time for payment or modification of amortizationof the sums securedby this Security Instrumentgrantedby Lender to any successor in interestof Borrowershall not opcrateto releasethe liability of the original Borrowerof Borrowers successors in interest Leadershall not be requiredto commence proceedings against any successor is interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearanceby Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigas of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrumentbut does not execute the Note: (a) is co-signing this Security Iastrumentonly to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any otherBorrower may agree to extend, modify, forbear or make my accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrumentis subject to a law which sets maximum loan charges, and that law is finally interpretedso that the interest or other loan charges collected or to be collected in connection with the loan exceed the permittedlimits, then: (a) any such loan charge shall be reduced by the amountnemssary, to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrumentshall be given by delivering it or by mailing it by first class mail unless applicable law requires use of anothermethod. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrumentor the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrumentor the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrumentand the Note are declared to be severable. 16. Borrower's Copy. Borrowershall be given one conformedtwpy of the Note and of this Security Instrument. ®-6R(PA) ianorm - BOOK1450?4 438 `4-m 1ansR4P0.Frm ew•••,e '] 918[1 CONV-122283 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferredand Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lenderif exercise is prohibitedby federallaw as of the date of this Security Instrument. If Lender exercises this option, Lendershall give Borroweraolice of acce leration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay thesest ms prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. is. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcememof this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrumenl;or (b) entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower: (a) pays Lender;dl sums which then would be due under this Security Instrumentand the Note as if no accelerationhad occurred; (b) cures any default of any other covenants or agreements; (c) pays all expcoses incurred in enforcing this Security Instrument, twe . to assure including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably req that the ben of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no accelerationhad occurred. However, this right to reinstateshall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Imtrumenl)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicei") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer nnrelatedto a sale of the Note. If thereis a change of the Loan Scrvicer, Borrowerwill be given written notice of the change in accordancewith paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain my other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any EavironmenlalLaw. The preceding two sentencessball not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriateto normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmenWor regulatory agency or private parry involving the Property and any Han domSubstanceor Eav ronmentalLaw of which Borrower has actual knowledge. If Borrower learns, or is not' ied by any governmental or regulatory authority, that any removal or other remediation of any HazardowSubstance affecting the Property is necessary, Borrowershall promptly take all necessary remedial actions in accordance with Environmental Law. tics used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, `Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORMCOVENANIS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otbet vise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at Its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided to this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate Conveyed shall terminateand become void. After such occurrence, Lender shall discharge and satisiy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permilledby appbcablelaw, waives and releases any error or defects in Proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of eimcution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrumentis lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. aOOKWOrw 439' -6RIPA1 wia,.oa ry.rers Fwm 39 9190 a. 10MRSPAYne CONV-122283 27. Riders to this Security lostmosent. If one or more riders are executed by Borrower and recordedtogethcrwith this Security Instrument, the covenants and agreemenlsof each such rid" shall be iacorporatedinto and shall amendand supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Adjustable Rate Rider N Condominium Rider I-4 Family Rider Graduated Payment Rider Planned Unit Development Rider ? Biweekly Payment Rider Balloon Rider Rate Improvement Rider u Second Home Rider VA Rider Other(s) [specify[ BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrumentand in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) -Borrorer (Seal) tn A tH E INEK -Borrower _ (Seal) -Borrower Certificate of Residence 1, BETSY STILO the within-named Mortgagee is Witness my hand this 24th _ (Seal) -Borrower , do hereby certify that the correct address of One West First Avenue, 2nd Flr Conshohocken, Pe. 19428 day of COMMONWEALTH OF PENNSYLVANLI, Ap 1998 s DWI LO ?f ??r ? Agentef Mongagee (l(.(/NA.(/ri+?-/ aftw Countyss: On this, the 24 day of APRIL personally appeared 1998 ,before me, tho undersigned officer, JOSEPH N oHRINEK CHERI A IHRINKK known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOPJ hercuntoset my hand and offioal se I My Commission Expires: •npls,,..(t?n Notarial Seal John R. Beinhaur, Notary Puhsc v? w lampoen Twp., Cumt:and ,, ,7 r 4U ?' Commission Expires March 13 1999 lwDy 0": . 'r, ofaffi., -SFI(PA) 194101.0 ar i Miee1a Fomt 3038 9190 i099R9PAYn ;Q :v,r e taouK145OraoE 440 .d ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being more fully described as follows: BEGINNING at a point located on the northern right of way line of Pine Ridge Circle and the dividing line of Lot No. 14 Pine Ridge Estates, Phase 2, Plan Book 64, Page 37 and Lot No. 13, herein described; thence by the northern right of way line of Pine Ridge Circle South 70 degrees 46 minutes 01 seconds West a distance of 80.00 feet to a point at the dividing line of Lot No. 12 and Lot No. 13, herein described; thence by the same North 19 degrees 11 minutes 59 seconds West a distance of 144.96 Feet to a point at lands now or late of East Pennsboro Area School District; thence by the same North 70 degrees 28 minutes 55 seconds Cast a distance of 80 feet to a point at the dividing line of Lot No. 14, Pine Ridge Estates, Phase 2, Plan Book 64, Page 37 and Lot No. 13, herein described: thence by the same, South 19 degrees 11 minutes 59 seconds Last a distance of 145.40 feet to a point, the place of BEGINNING. BEING Lot No. 13, containing 11,614.30 Square Feet, as shown on Final subdivision Plan of Pine Ridge Estates, Phase 4, recorded in Plan Book 65 , Page 124 and being subject to all easements of record. BEING FART OF THE SAID PREMISES which The Most Reverend Nicholas Dattilo, Bishop of the Roman Catholic Diocese of 13acrisburg, as Trustee for the Roman Catholic Congregation of our Lady of Lourdes Church, Enola, PA, by Deed dated November 20, 1990 and recorded November 27, 1990 in Cumberland County Deed Book W, volume 34, Page 724, granted and conveyed unto Michael Manning and Associates, a Pennsylvania General Partnership, GRANTORS UREIN. PREMISES ON: 50 PINE RIDGE CIRCLE VERIFICATION FRANK FEDERMAN, 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 of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are 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 unworn falsification to authorities. Frank Federman, Esquire Attorney for Plaintiff DATE: I / q 111719?- O ? ? J7 O o %o Q J In a L--r e ;:--{ t7 @002 05!14l02 TUE 1.2:27 FAX 2155633826 FEDER'KAN AND P1iELAV FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12448 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Washington Mutual Home Loans, Inc., Sucessor in Interest by Merger to Fleet Mortgage Corp. V. Joseph M. Uhnnek, a/k/a Joseph M. Uhrinck Sheri A. Uhrinek, a/k/a Sheri A. Uhrinek A' TORNEY FOR PLAINTIFF, C( URT OF COMMON PLEAS C1 iIL DIVISION No: 02-128 C1 MfBERLAND COUNTY ACCEPTANCE OF SERVICE OF NOTICE OF SH RIFF'S SALE AND WAIVER OF 30 DAY NOTICE PURSUANT TO ?'A. R.C.P. 3129.2 1, Joseph M. Uhrinek, a/k/a Joseph M. Uhrinck, Defem ant, hereby accept service of the Notice of Sheriff's Sale and waive the right to 30-day ac vance notice relative to the property at 50 Pine Ridge Circle, Enola, PA 17025, which is scheduled for Sheriff's Sale on June 5, 2002 in the above captioned "A- Jos pj M. Uhrine c, a/k/a - Jo Pi M. Uhrinc c, Defendant DATE: 25 I 02_ m r r- ...C (-, N t r`I _ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. ) CIVIL ACTION vs. JOSEPH M. UHRINEK A/K/A JOSEPH M. UHRINCK ) CIVIL DIVISION SHERI A. UHRINEK A/K/A SHERI A. UHRINCK ) NO. 02-128 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, FRANK FEDERMAN, ESQUIRE attorney for WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. hereby verify that on 2/25/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 2/25/02 by certified mail return receipt requested see Exhibit "B" attached hereto. la-4 A A 2N DATE: April 26. 2002 FRANK FEDER AN, ESQUIRE Attorney for Plaintiff Q i 0 a ova ? q u ? o aC?,b Q Uw b b d V d zao Osceuos y d T 8 ? 8 . ?. . Bi l3W 0d ? ? ? asvisaa s n . 3da F° a e 2 Z F4 w$ C ° W ° W ? G C 5 a rA w GO vi gees M U W A ?C wQ ? L*? N w °? ?yo a °w z g a x ?:gi w ° ° 9A > a F gCg oW„ °°? y $ „ a '^ tl ? ?'? a F W o ca 0 g O w V 8 o w ? a¢ .a F m W A a o W a5 W Wcli > ° E T Q ? ? CC77 U o rn aw .. O w O 8 w w '^ o? w Q a . yyj Cl) W I ? a 9 O o ¢ z_ g g m z" A U WW F x ° V P m a E ti ? z x m u ? ' i , ? Q N k n ?m b N M V Vl ?O l? °O O? O N M V h Z H 7160 3901 9844 7038 8846 TO: SHERI A UHRINCK, r A/K/A SHERI A UHRINCK 50 PINE RIDGE CIRCLE ENOLA, PA 17025 7160 3901 9844 M39 0001 i TO: JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK, 50 PINE RIDGE CIRCLE, ENOLA, PA 17025 SENDER: TEAM 5 -Orb REFERENCE: UHRINEK, J PS Form 3800 June 2000 RETURN Postage RECEIPT Cerlflied Fee SERVICE Retum Receipt Fee Restricted Delivery t Total Postage & F US Postal Service OR] Receipt for Certified Mail ?AID6 No Insurance Coverage Provided Do Not Use for Intemational Mall SENDER: TEAM 5 N REFERENCE: UHRINCK, J RETURN Postage d RECEIPT Certified Fee 0() SERVICE Retum Receipt Fee 1 50 Restricted Delivery Total Postage & Fees • 13 1s.:'2 7d US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Inlemagonal Mail tih n,r O n C rn -+ ? fj C W ? ?7- N SHERIFF'S RETURN - REGULAR CASE 110: 2002-00128 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS UHRINEK JOSEPH M ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon UHRINEK JOSEPH M A/K/A UHRINCK the DEFENDANT , at 1945:00 HOURS, on the 18th day of January , 2002 at 50 PINE RIDGE CIRCLE PA 17025 by handing to CHERI UHRINEK, WIFE 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 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this Y day of o2//Oo.2. A.D. r thonotary So Answers: R. Thomas Kline 01/22/2002 FEDERMAN & PHE By: tic Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00128 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS UHRINEK JOSEPH M ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon UHRINEK CHERI A A/K/A UHRINCK the DEFENDANT , at 1945:00 HOURS, on the 18th day of January 2002 at 50 PINE RIDGE CIRCLE ENOLA, PA 17025 by handing to CHERI UHRINEK 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this aY day of ,;Lord-, A.D. thono ary So Answers: R. Thomas Kline 01/22/2002 FEDERMAN & PHE By: Deputy Sheriff AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. DEFENDANT(S) JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, A/K/A SHERI A UHRINCK SERVE SHERI A UHRINEK, A/K/A SHERI A UHRINCK AT 50 PINE RIDGE CIRCLE ENOLA, PA 17025 CUMBERLAND COUNTY No. 02-128 ACCT. #59452584 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE5, 2002 SERVED f Se:-,cd and made known to Defendant, on the day of 11 Wck-, 200 , o'clocke at FILe _.m., at ? P' ?n D Q 1e- C t s Oda ns Y" 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 Alationship. / A h { 1V Manager/Clerk of place of lodging in which Defendant(s) reside(s). lA ?"?f Agent or person in charge of Defendant(s)'s office or usual place of business. ^ an officer of said Defendant(s)'s company. Descri tion: Age L-1 Hei4-ght,1-2--) Weight 1311) Race La Sex OtherL(6,v,-9 I, a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. By: 4 r 4 /,?/ AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. On the day of NOT SERVED 200, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer 0 Attempt: / Time 3rd Attempt: / _/Time: Sworn to and subscribed before me this. day of , 200 Notary: By Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Vacant 2nd Attempt: / -L _Time: Sworn to and subscribed n ? fir; N ? ?nfl', A AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. DEFENDANT(S) JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, A/K/A SHERI A UHRINCK SERVE SHERI AUHRINEK, AII{/A SHERI A UHRINCKAT jv r i.`. i. u1Jf,,. L,Al LG ENOLA, PA 17025 CUMBERLAND COUNTY No. 02-128 ACCT. #59452584 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE5, 2002 SERVED Served and made known tO? ' 1 1 1 A h(I ()O?,pefendant, on the Iday of I f L_1, 2004 at o'clock _P.m., at of Pennsylvania, in the manner described below: Commonwealth 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 relationsh'. 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. - p?O?t?her: F+ N' fc-C ((?? escripti n: Age D Height Weight 1510 Race?Sex_ 1-A'(c, . ? ? ? Other„ U I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriffs Sale in the manner as set foyt{rilerein, issued in the captioned case on the date and at the address indicated above. ? 1 Sworn to and Der me this _(Iday of ?P 200A. By: lLj SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. -?-I NOTSERVED 200, at o'clock _.in., Defendant NOT FOUND because: - Moved _ Unknown_ No Answer - Vacant 1st Attempt:---L- _/Time: 3rd Attempt: / /Time: Sworn to and subscribed before me this .- day of '200 Notary: By Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 2nd Attempt:---L- _/Time: r T or` - n FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-128 JOSEPH M UHRINCK, A/K/A JOSEPH M UHRINCK SHERI A UHRINCK, A/K/A SHERI A UHRINCK Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOSEPH M UHRINEK A/K/A JOSEPH M UHRINCK and SHERI A UHRINE . A/K/A SHERI A UHRINCK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/1/02 to 2/21/02 TOTAL $117,299.61 $1,070.16 $118,369.77 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDE , E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA D. DATE: a6b k PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. 11200 WEST PARKLAND AVENUE Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-128 V. JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, A/K/A SHERI A UHRINCK Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2002. DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., 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 CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS, INC, SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS. JOSEPH M. UHRINEK, JOSEPH M. UHRINCK CHERI A. UHRINEK, A/K/A CHERI A. UHRINCK Defendant(s) TO: JOSEPH M. UHRINEK, JOSEPH M. UHRINCK 50 PINE RIDGE CIRCLE ENOLA, PA 17025 DATE OF NOTICE: FEBRUARY 8. 2002 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-128 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS, INC, SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS. JOSEPH M. UHRINEK, JOSEPH M. UHRINCK CHERI A. UHRINEK, A/K/A CHERI A. UHRINCK Defendant(s) TO: CHERI A. UHRINEK, A/K/A CHERI A. UHRINCK 50 PINE RIDGE CIRCLE ENOLA, PA 17025 DATE OF NOTICE: FEBRUARY 8. 2002 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 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-128 ; 4- - (? ?. Z' 4 ?__ Prank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. 11200 WEST PARKLAND AVENUE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff, NO. 02-128 JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, A/K/A SHERI A UHRINCK Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a); that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK is over 18 years of age and resides at , 50 PINE RIDGE CIRCLE, ENOLA, PA 17025. (c) that defendant SHERI A UHRINEK, A/K/A SHERI A UHRINCK is over 18 years of age, and resides at , 50 PINE RIDGE CIRCLE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4,,? ? x FRANK FEDE AN, ESQUIRE Attorney for Plaintiff n cn i ?Q -ocrr t-rt i ?: r ONO S PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff, No. 02-128 V. JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, A/K/A SHERI A UHRINCK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $118,369.77 Interest from 2/21/02 to 6/5/02 (per diem -19.46) TOTAL $2,023.84 and Costs $120,393.61 dA?/ -. q =::-,=k FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. oz o? a o wa pr ? w? w a zz t 7 ? a x H a ? zo °z W z Q W U O F ? O , ,7 v O, C W W FFq ? "W ?Z9 a y a x Ux z x? ?x ?O a? O? d a wx O ti kn in N N O O r r Q as d? z ww o U U U xx W y '? U U ? W W ?- 7 L 7 G zz 99 a a w ° in i n U N ? b a DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Last Pcnnsboro. C,)ur;r, Qi Cumberland and Commonwealth of Pennsylvania, being more fully described as foilo.c , BEGINNING at a point located on the Northern right of way line of Pir_e Ride Circle and the dividin n ae of Lot No. 14 Pine Ridge Estates, Phase 2, Plan Book 64, Page 3'?and -tot No. 1:. hers : - described: thence by the Northern -i2ht of wav lire o PI e j^° r r ' t e<. ' 4 ai:m 7z 01 second W.--t a distance of 30.00 feet to a 'point at the di%iding line of Lor No. 1'_' and Lot `C 1 herein described; thence by the same North 19 degrees. 11 minutes, 59 seconds UeSt a distance o' a i 111..6 teet .o a point at lands no?v or laic of Eas: Pernshon; area ,,enrol Jisrict thci.c b. :hL >?:nc ?orh 70 ,1e_zrees, 28 minute,,, 55 seconds East a distance of 80.00 to a Point at the dividim> line ?.' Lut No 14. Pine Rids Lsiates, Phis: '-, Plan. Book 64, Pane 37 and 7 o: N0. . 1cr-.;n deS?:iCe 1: the::c_ by :he same, South 19 dcgre:s, l l minutes, 59 ;econds East a distance of 145.40 fey: tc a point. :e place of be_irtmn;-. BEING Lot No. 13, containing 11,614.30 square feet, as sho%m on Final Subdivision Plan of Pine hdg: Estate:;. Phase 4, recorded in Plan Book 65. Ps-?::211. ?G? N C) Gam.. l txj 1 1 ?.? ;?fJ t? ? b t'2 ^ 1 1 ? V <c, y M l -(l f V =G FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff, ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 02-128 JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, A/K/A SHERI A UHRINCK Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage O 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. FRAFEDERMAN ESQUIRE Attorney for Plaintiff CR m ' C!J t ,. ' <L -ri ? . rn ^v ?. A f V C WASHINGTON MUTUAL HOME LOANS, INC., SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff, V. JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINCK, A/K/A SHERI A UHRINCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-128 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) TO FLEET MORTGAGE CORP., 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,50 PINE RIDGE CIRCLE ENOLA PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH M UHRINEK, A/K/A JOSEPH M 50 PINE RIDGE CIRCLE UHRINCK ENOLA, PA 17025 SHERI A UHRINEK, A/K/A SHERI A 50 PINE RIDGE CIRCLE UHRINCK ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: JOSEPH M UHRINEK, A/K/A JOSEPH M 50 PINE RIDGE CIRCLE UHRINCK ENOLA, PA 17025 SHERI A UHRINCK, A/K/A SHERI A 50 PINE RIDGE CIRCLE UHRINCK ENOLA, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK C/O RESIDENTIAL FUNDING CORPORATION 1301 OFFICE CENTER DR., #200 FORT WASHINGTON, PA 19034 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 PINE RIDGE CIRCLE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 21, 2002 DATE FRANK FEDERMAN, ESQ IRE Attorney for Plaintiff C7 CD ` I ) a mrT: l: CCJ y„ -:--?i N WASHINGTON MUTUAL HOME LOANS, INC., CUMBERLAND COUNTY SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. No. 02-128 Plaintiff, V. JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, AIK/A SHERI A UHRINCK Defendant(s). February 21, 2002 TO: JOSEPH M UHRINEK, SHERI A UHRINEK, A/K/A JOSEPH M UHRINCK A/K/A SHERI A UHRINCK 50 PINE RIDGE CIRCLE 50 PINE RIDGE CIRCLE ENOLA, PA 17025 ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 50 PINE RIDGE CIRCLE, ENOLA PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 118,369.77 obtained by WASHINGTON MUTUAL HOME LOANS INC. SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. (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 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 DESCRIPTION ALL Tli,? T i_Exl:M i ?[ecC or parcc; of 1-ridl jimart in [nC TJ1v1:.,tL' l:i La.i . C:^ - `[7 'rte. LlIl1i;. vt C' r:a erlern! and Coruacr-.vealth ?r PtW_sl;lvan a, hein; more tu'a, BEGT? `11?.ts a[ a porn[ located cn t e'?crthern r;.ht l?f ?n?ay iiuc i?f Pir_c Ri '== uc]. ar, :1-- ?, 1" IC !1:,:T Iif o L`lr v..). 1.. P_,: Rid' " Es aC?... P 3sC 2. P!an B,,,o:, h... ?'? _ ...:? ... '[ ?. '.7 .'C +1! ZCOI;G `X? a L; nIC of )I} ('I} Te.°-: -o 1 pU:nt I al_ 1!'.I l i? i:!: LJCY 1. L.T^NC 11C'CIR deSC1".bCC'. I1CI1?C ^,1' the same North 19 dC-rCCs. _ rmnuttS. ,v eC?n S .ti , t 1 Li>GI C'. =.':'b ._CC .. .1 pQlllC a[ andi no`A or ia[C UI ?1`:' PC._:1 _.'.... a) jCL:1)Th15 :il?iarl... Ur li,l?l) CQ 1 Ji.:Lti 1( !}'1C :L... ?iiiC ..C L_'f 1:11-r, 'C-olK y by :he sar.,e. Souil 'l iCJTCa. l minutes. _9 econd :East 1 C1acC OT ''?C'_:illa::_ BET`!G Lot No. 13. Containing i-,614.30 scuare eet, as si'MVr_ on Einai Sut('.i,:isiov Pl;:n of Piac ?1: . `... ..ll l ll..:C Y. l?_..ir>C.: .:1 pan Jlrih o.,. P Y. Tax Parcel09 13-ICICO 1^_1 'UCt fnrTl _%r? N CAD 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 Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 5th day of JUNE A.D., 2002, under and by virtue of a writ Execution issued on the 28TH day of Feb, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 02 Number 128, at the suit of Washingron Mutual Home Loans Inc sbm Fleet Mtg against Joseph M Uhrinek & Sheri A aka Joseph M & Sheri A Uhrinck is duly recorded in Sheriff's Deed Book No. 252, Page 3717. IN TESTIMONY WHEREOF,,, I have hereunto set my hand and seal of said office this / 7 day o4% A.D. 200E Jc Recorder of Deeds Washington Mutual Home Loans, Inc. In The Court of Common Pleas of Successor in interest by merger to Cumberland County, Pennsylvania Fleet Mortgage Corporation Writ No. 2002-128 Civil Term VS Joseph M. Uhrinek a/k/a Joseph M. Uhrinck And Sheri A. Uhrinek a/k/a Sheri A. Uhrinck Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2002 at 6:42 o'clock pm, EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sheri A. Uhrinek a/k/a Sheri A. Uhrinck, by making known unto Sheri Uhrinek personally, at 50 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 1:45 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph M. Uhrinek a/k/a Joseph M. Uhrinck and Sheri A. Uhrinek a/k/a Sheri A. Uhrinck located at 50 Pine Ridge Circle, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Joseph M. Uhrinek, a/k/a Joseph M. Uhrinck, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania, to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Joseph M. Uhrinek a/k/a Joseph M. Uhrinck the defendant named in the within Real Estate Writ, Notice and Description and that I am unable to find him in the County of Dauphin, and therefore return same NOT FOUND, April 22, 2002. Expired before defendant could be served. Defendant called Sheriffs Office and was to pick-up but never showed. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Sheri A. Uhrinek, a/k/a Sheri A. Uhrinck, by regular mail to her last known address of 50 Pine Ridge Circle, Enola, PA 17025. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Joseph M. Uhrinek, a/k/a Joseph M. Uhrinck, by regular mail to his last known address of 117 Locust Street, Apt. #1, Harrisburg, PA 17101. This letter was mailed under the date of May 7, 2002 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 June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $50,000.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $2,008.06. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Out of County Dauphin County Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 1000.00 15.00 15.00 30.00 10.00 .50 1.00 20.70 1.21 15.00 30.00 9.00 25.50 200.00 293.30 232.15 25.20 25.00 29.50 $2008.06 paid by attorney 07/05/02 Sworn and subscribed to before me So Ans ers• This -;tc `day of 2002, A.D. L R. Thomas Kline, Sheriff Prothonotary BYj o Real Estate Deputy w ad- w? W A?L /a 1 '70L WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-128 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGATGE CORP., Plaintiff (s) From JOSEPH M UHRINEK, AACA JOSEPH M UHRINCK AND SHERI A UHRINEK, A/K/A SHERI A UHRINCK, 50 PINE RIDGE CIRCLE, ENOLA, PA 17025 (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,369.77 L.L. $30 Interest FROM 2/21/02 TO 6/5/02 (PER DIEM - 19.46) -$2,023.84 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $126.35 Other Costs Plaintiff Paid Date: FEBRUARY 28, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 ep On March 11, 2002 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, Pfd., known and numbered as 50 Pine Ridge Circle, Enola and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2002 By: Real Estate l)eptit, WASHINGTON MUTUAL HOME LOANS, INCr, ?UCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff, V. JOSEPH M UHRINEK, AWA JOSEPH M UHRINCK SHERI A UHRINEK, AWA SHERI A UHRINCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-128 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL HOME LOANS INC. SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., 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,50 PINE RIDGE CIRCLE. ENOLA PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, A/K/A SHERI A UHRINCK 50 PINE RIDGE CIRCLE ENOLA, PA 17025 50 PINE RIDGE CIRCLE ENOLA, PA 17025 2. Name and address of Defendant(s) in thejudgment: JOSEPH M UHRINEK, A/K/A JOSEPH M 50 PINE RIDGE CIRCLE UHRINCK ENOLA, PA 17025 SHERI A UHRINEK, A/K/A SHERI A 50 PINE RIDGE CIRCLE UHRINCK ENOLA, PA 17025 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. ». `,:ime and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK C/O RESIDENTIAL FUNDING CORPORATION 1301 OFFICE CENTER DR., #200 FORT WASHINGTON, PA 19034 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 50 PINE RIDGE CIRCLE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 21. 200 \ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS, INC., % CUMBERLAND COUNTY SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. No. 02-128 Plaintiff, V. JOSEPH M UHRINEK, A/K/A JOSEPH M UHRINCK SHERI A UHRINEK, A/K/A SHERI A UHRINCK Defendant(s). February 21, 2002 TO: JOSEPH M UHRINEK, SHERI A UHRINEK, A/K/A JOSEPH M UHRINCK A/K/A SHERI A UHRINCK 50 PINE RIDGE CIRCLE 50 PINE RIDGE CIRCLE ENOLA, PA 17025 ENOLA, PA 17025 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" ` Your house (real estate) at, 50 PINE RIDGE CIRCLE ENOLA PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNES, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of 118,369.77 obtained by WASHINGTON MUTUAL HOME LOANS INC. SUCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT 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 DES(-R-WTiON A. L TH ( E: 1 VI 7:c?c Or Carr-t u; 1:.2U 4tctate !n Cle FO1vl ,'7 ??, a5i r? ?•0?;[?_ ")U Ji L7:::C er?::Cl?? and cor.l cnc. 'r!, otC P?r1RS: (s ?!L?. hiCl .',Or'_ Ito BFGi ?1 ?. ¢r a pu!ar luo to :n the Norther: ;_ht of cv, iinc .rC PIL- IC !I:, - 1Lre or Lot N,j. i> P:ne R.d?a Esrac s. Phusc? ', Plan Bco:; 6-, `,.: t a or :,i e0 ftt?T m i ro.nr heroin des :.7c', the c ?; rte same North 19 .1 7":111 1: 0E ,^[c: 0 C., P..a'.-;,r -tiz-i V 1 7_liP_;?. SCT)k! l?I h, 'he same. Sours Wires. 1'. minutes. =9 ,e- v? E si a _- cac? .N(i ?_ ., Lor No. eonr_ining 'i'.??L-t..0 square `??.. as six;: on Finai Suhc'.:?.isi;?r P!ar. of ?.?, Ts 'creel -rj9-1?-101;11-1"_1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 C"ty Wy Cor ss3on Expires Wch 55, 225 REAL ESTATE SALE NO. 31 Writ. No. 2002 128 Civic Washington Mutual I1onu° I ?au5 Inc., Successor in interest by merger to Fleet Mortgage Corp; Joseph M. Uhrinck. ?t/k/,, Joseph M. Uhrinck and Sheri A. Uhrinck, a/ k/<t Sheri A Uhrinck Atty.: Frank Federmar; DESCRIPTION ALI, THATCERTAIN pic(c or par cel of land situate in the "Township of East Pennsboro. Countv of Corn berland and Commonwealth of peon svlvania, being more fully described as follows: BEGINNING at i poiw located on the Northern right of way lime of Pinc° Ridge Circle and the dividing line of Lot No. 14 Pine Ridge Estates. Phase 2, Plan Book 69. Page 37 and l,ot No. 13, herein described: thence 1>v the Northern right of wav lime of Pin., Ridge Circle South 7U clcgre, , iei minutes, 01 second West a distance of 80.00 feet to a point at the divid ing line of Lot No. 12 and Lot No. 13, herein described: thence by ill,, same North 19 degrees. 1 1 ntinutes. 59 seconds West a distance of 144 .96 feet to a point at lands noiv <.); late of East Pcmisboro llre;i SChor,1 District, thence liv the satnr North 70 degrees. 28 mirttttes. 5) seconds East i dis1;incc, (o 80.00 to a point at the dividing linc:° of Lot No. 1 1, Pine Ridge Estate. Phase L 1'l1i) Book 64. Pagc ;17 ;)it(] It;1 No. I:-. herein descrihecl: lhencr by ill( same. South ]iJ degree;;, l i tnir? utes, 59 seconds East e distaucr of 145.40 feet to <t r),oint, the nlact, ()t beginning. BEING !,,)I ,r.tita 11.61430 synar, lret. as hown oil Final Sulxtivisioti Plan of Pine Ridge Estates. Phase 4, recorded in Plan Book 65, page 124. Tam Parcel tt09 M 1000 1 ? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 5£37, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ...... .......... ...................................................... COPY t` dTT" PS 17th day,of May`2802 A.D. Notarial Seal r S A L E #31 Terry !.. fluscfll, Notary Public i-iarrisburg, Dauphin County my.:onym;s• ion Expires June 6, 200 NOTARY PUBLIC Mz;et, F'ennsyNania Association of Notaries My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 230.40 Probating same Notary Fee(s) $ 1.75 Total $ 232.15 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 ESTATE SALE No. 3 t Writ No. 2002.126 Civil Term Washington Mutual Home Loans, Inc., successor in interest by merger to Fleet Mortgage Corp. vs Joseph M. Uhri ;ak alklal Joseph 11, UMnck Sheri A. Unrinek alkta Sheri A. Uhrinck Atty: Frank Federman DESCRIPTION ALL THAT CERTAIN piece or parcel cd ian( situate in the Township of East Pennsborc,. County of Cumberland and Commonwealth o Pennsylvania, being more fully described r., follows: BEGINNING at a point located on the Northern right-of-way line of Pine Ridge Circle and 0 dividing line of Lot No.14 Pine Ridge Isfa'. Phase 2, Plan Book `64, Page 37 and Lot No. 1 herein described; thence by the Northern right-w way line of Pine Ridge circle South 70 degree, 48 minutes, 01 second west a distance of 80.00 feet to a point at the dividing line of Lot No.!;' and Lot No,13, herein described; thence by the samdNorth 19 degrees, I I minutes, 59 seconds Wed a distance of 144.96 feet to a point at lands now or late of East Peamsbaro Area School Dha ict; dw" by the same NoM 70 degrees, 28 mimNes, 55 seconds Eo a distance of 80.00 to a point at the Wv litle of Lot No.14, Pine Ridge Estates, Phase 2, Plan Both 64, Page 37 and Lot No. 13. herein described; thence by the same South 19 degrees, i I minutes, 59 seconds East distance of 145.40 feet to a point, the place e` BEGINNING. BEING Lot No.13, containing 1!.614:34 apu rti feet, as shown on Final subdivision Plan of Pin. Ridge Estates. Phase 4, recorded in Plan Book hS. Page 124. az Parcel #09-13-1 (t)O-12 1. SCHEDULE OF DISTRIBUTION SALE NO. 31 Date Filed: July 5, 2002 Writ No. 2002-128 Civil Term Washington Mutual Home Loans, Inc. successor in interest by merger to Fleet Mortgage VS Joseph M. Uhrinek a/k/a Joseph m. Uhrinck and Sheri A. Unrinek a/k/a Sheri A. Uhrinck 50 Pine Ridge Circle Enola, PA 17025 Sale Date: June 5, 2002 Buyer: Federal Home Loan Mortgage Corporation Bid Price: $50,000.00 Real Debt: $118,369.77 Interest: 2,023.84 Attorney Costs: 126.35 Total: $120,519.96 DISTRIBUTION Receipts: Cash on account (3/11/02): $1,500.00 Cash on account (6/07/02): 508.06 Credit Writ: 47,991.94 Total Receipts: $50,000.00 Disbursements: To Sheriff's Costs: To Legal Search: Credit Writ: Total Disbursement: Balance for Distribution: So Answers: aso ?? $1808.06 200.00 47,991.94 ($50,000.00) 00.00) 0.00 R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 31 Held Wednesday, June 5, 2002 Date: June 5, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated 12002, and recorded , 2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Michael Manning and Associates, by deed dated October 14, 1994 and recorded October 17, 1994, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 113, Page 499, granted and conveyed to Joseph M. Uhrinik and Cheri Uhrinik, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. Payment of State and local Real Estate Transfer Taxes, if required. Public and private rights in the road bed of Pine Ridge Circle. 6. Building conditions and easements as shown on or set forth on the Final Subdivision Plan for Phase IV for Pine Ridge Estates recorded in Plan Book 67, Page 87. 7. Building and use restrictions for prior Phase recorded in Miscellaneous Record Book 390, Page 603 which may be imposed by implication on Phase IV. 8. Mortgage in the amount of $115,500.00 given by Joseph M. Uhrinik and Cheri A. Uhrinik to Gateway Funding dated April 24, 1998 recorded May 1, 1998 in the Office of the Recorder of Deeds in Mortgage Book 1450 Page 435. Assigned to Fleet Mortgage Corporation by assignment recorded May 1, 1998 in Miscellaneous Record Book 575, Page 487. Complaint in mortgage foreclosure filed by Washington Mutual Home Loans, Inc., successor in interest by merger to Fleet Mortgage Corporation, as Plaintiff against Joseph M. Uhrinik and Cheri A. Uhrinik as Defendants on January 10, 2002 in the office of the Prothonotary of Cumberland County to File No. 2002-128. Default judgment entered February 28, 2002 in the amount of $118,369.77. 9. Mortgage in the amount of $64,500.00 given by Joseph M. Uhrinik and Cheri A. Uhrinik to Community Bank of Northern Virginia dated September 6, 2000 recorded September 20, 2000 in Mortgage Book 1639, Page 888. Assigned to Chase Manhattan Bank as trustee for residential funding by assignment recorded in Miscellaneous Record Book 675, Page 523. 10. Rights granted to Pennsylvania American Water Company by instrument recorded in Miscellaneous Record Book 470 Page 454. 11. Rights granted to Sammons Communication of Pennsylvania, Inc. by instrument recorded in Miscellaneous Record Book 478, Page 141. 12. Rights granted to Pennsylvania Power and Light Company and Bell Atlantic Pennsylvania by instrument recorded in Miscellaneous Record Book 481, Page 365. 13. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 234, Page 922. 14. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 244, Page 168. 15. Rights granted to Bell Telephone Company of Pennsylvania and Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 395, Page 306. 16. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 17. Satisfactory evidence to be produced that the advertisement for the subject premises was satisfactory in spite of the absence of any reference to improvements on the subject property. 18. Real estate taxes accruing on and after July 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. P,&X ff--/, 77? Robert G. Frey, Agent Note: This Title Report shall not be valid or binding until countersigned by an authorized signatory. ?s . (? el REAL TESTATE BALE NO. 31 CUMBERLANDI Writ. No. 2002-128 Civil Washington Mutual Home Loans, Inc., Successor in interest by. merger to Fleet Mortgage Corp. VS. Joseph M. Uhrinek, a/k/a Joseph M. Uhrinck and Sheri A. Uhrinek, a/k/a Sheri A. Uhrinck Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of East Pennsboro, County of Cum- berland and Commonwealth of Penn- sylvania, being more fully described as follows: BEGINNING at a point located on the Northern right of way line of Pine Ridge Circle and the dividing line of Lot No. 14 Pine Ridge Estates, Phase 2, Plan Book 64, Page 37 and Lot No. 13, herein described; thence by the Northern right of way line of pine Ridge Circle South 70 degrees, 48 minutes, 01 second West a distance of 80.00 feet to a point at the divid- ing line of Lot No. 12 and Lot No. 13. herein described; thence by the same North 19 degrees, 11 minutes, 59 seconds West a distance of 144- .96 feet to a point at lands now or lat€-ofEast PennsboroArea School District, thence by the same North 70 degrees, 28 minutes, 55 seconds East a distance of 80.00 to apoint at the dividing line of Lot No. 14, Pine Ridge Estates, Phase 2. Plan Book 64, Page 37 and Lot No. 13, herein described; thence by the 11 same, South 19 degrees, 11 min- utes, 59 seconds East a distance of 145.40 feet to a point, the place of beginning. BEING Lot No. 13, containing 11,614.30 square feet, as shown on Final Subdivision Plan of Pine Ridge Estates, Phase 4, recorded in Plan Book 65, page 124. Tax Parcel #09-13-1000-121. D G h a own as t-azr..... south 8 30 minutes west, one hundred nine ven and eighty-eight ndredths .88) h feet to n pin; thence along o rl Wiest, aforesaid, north 8 32