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HomeMy WebLinkAbout04-5172FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. `G ?T J / -?), CUMBERLAND COUNTY DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 100493 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 4: 100493 Plaintiff is WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS T.MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/19/2000 DOUGLAS T. & TERRENCE L. MCBRIDE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1646, Page: 590. 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 05/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 100493 6. The following amounts are due on the mortgage: Principal Balance $86,425.54 Interest 3,945.48 04/01/2004 through 10/13/2004 (Per Diem $20.13) Attorney's Fees 1,250.00 Cumulative Late Charges 481.73 10/19/2000 to 10/13/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 92,652.75 Escrow Credit 0.00 Deficit 3,620.09 Subtotal $ 3,620.09 TOTAL $ 96,272.84 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 10. Plaintiff hereby releases TERRENCE L. MCBRIDE from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 96,272.84, together with interest from 10/13/2004 at the rate of $20.13 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. FEDERMP L By: /s/F antis all a FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALMNAN, ESQUIRE Attorneys for Plaintiff File #: 100493 ALL THAT CERTAIN tract of land with the improvemeotS thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated Mardi 6, 1973 by &nest L Walker, as follows: BEGINNING at a point formed by the intersection of the northerly side of Apple Alley (16 feet wide) and the westerly side of South Fourth Street (20 fea wide): THENCE extending from said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; THENCP, extending North 30 degrees 30 minutes West, 54.35 feet to a point; THENCE extending along Nos. 404 and 402 Basler Avenue, North 59 degrees 30 minutes Fast, 40.0 feet to a point on the westerly side of South Fourth Street; THENCE extending along said Straet, South 30 degrees 30 minutes East, 5435 feet to the aforementioned point and place of BEGINNING. BEING the southerly portion of Lot No. 99, Section "C' on Plan #1 of Riverton, said Plan being recorded in Deed Book 4, Volume 7, page 40, Cumberland County records. BEING known and numbered as 119 S. Fourth Street, Lemoyne, Pennsylvania. BEING THE SAME PREMISES WHICH Bhupinder S. Saki and Prkd Saki, his wife, by deed dated October 19, 2000 and recorded October 20, 2000 in Book 231, page 1023, in the Office of the Recorder of Deeds in and for Cumberland County, Pamaylvanns, granted and conveyed unto Terrence L. McBride, single man. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing 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 unswom falsifications to authorities. 2cts s Attorney for Plaintiff DATE: ?\ ? `?1? ?. I ? ?-, ? ? ? ?? C? ? c' . r PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID. NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SlBJM TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP, OF AMERICA Plaintiff ATTORNEY FOR PLAINTIFF COURT OF GAMMON PLEAS CIVIL DIVISION CUMBERLAND County VS. DOUGLAS T. MCBRIDE No. 04-5172 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALL AIN & SCHMIEG, LLP By: F CIS ALLIN N, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: January 25, 2005 Ijrl6, Svc Dept. File# 100493 '+ <`?S C_? I .? ?jC) Y ll'? nJ -? -'? Ggl s; PHELAN HALLEVAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., ID. NO. 62695 DANIEL G. SCHMIEG, ESQ., ID. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County VS. DOUGLAS T. MCBRIDE No. 04-5172 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAL VAN & SCHMIEG, LLP By. /FIANCIS ALLINAN, ESQUIRE LAWREN T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: February 23, 2005 /jrh, Svc Dept. File# 100493 Ln a FEB24M1 K P\ PROLOGIS, as successor to KEYSTONE PROPERTY TRUST, Appellant V. SOUTH MIDDLETON TOWNSHIP BOARD OF SUPERVISORS, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5921 LAND USE APPEAL ORDER AND NOW, this 2 q 1?day of 1' C-L • , 2005, upon consideration of the Petition to Intervene filed on behalf of Middlesex Township, a RULE is hereby issued upon Appellant Prologis and Appellee South Middleton Township Board of Supervisors to show cause, if any it should have, why the Petition to Intervene of Middlesex Township should not be granted. RULE RETURNABLE within 10 days of service of this Order and Petition to Intervene upon counsel for Appellant and Appellee. o? 22690_1 ?W? hz '? W ? Z (alAgm SHERIFF'S RETURN - NOT FOUND CASE"NO: 2004-05172 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS MCBRIDE DOUGLAS T R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCBRIDE DOUGLAS T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT 119 SOUTH 4TH STREET MCBRIDE DOUGLAS T LEMOYNE, PA 17043 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers Docketing 18.00 Service 11.84 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.84 PHELAN HALLINAN SCHMIEG 02/10/2005 Sworn and subscribed to before me tzw; this y day of A.D. 4-" Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05172 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS MCBRIDE DOULAS T R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TR r, T7) TAT TI= T,nT TnT TC 'but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT FOUND , as to . MCBRIDE DOUGLAS T 119 SOUTH 4TH STREET LEMOYNE, PA 17043 119 SOUTH 4TH STREET HAS 2 OR 3 APARTMENTS. DEFENDANT WAS NOT FOUND THERE. Sheriff's Costs: So answer Docketing 18.00 >- / _...... -- Service 11.10 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.10 FEDERMAN & PHELAN 11/01/2004 Sworn and subscribed to before me this ?f day of oZL?a S A. D. ProthOncltary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05172 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS MCBRIDE DOULAS T R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCBRIDE DOUGLAS T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , MCBRIDE DOUGLAS T 26 ORANGE STREET MT HOLLY SPRINGS, PA 17065 26 ORANGE STREET IS HOME OF DEFENDANT'S PARENTS. DEFENDANT DOES NOT LIVE THERE. Sheriff's Costs: Docketing 6.00 Service 4.44 Not Found 5.00 Surcharge 10.00 .00 So answe R. Thomas Kline Sheriff of Cumberland County 25.44 FEDERMAN & PHELAN 11/01/2004 Sworn and subscribed to before me this y day of ?- ?OU.SI A.D. LL I- 4?j > Pro notar" y_? SHERIFF'S RETURN - REGULAR CASE N0: 2004-05172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS MCBRIDE DOUGLAS T KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon MCBRIDE the DEFENDANT , at 2024:00 HOURS, on the 25th day of February , at 324 S ENOLA DRIVE ENOLA, PA 17025 by handing to BECKY MCBRIDE, WIFE law, 1005 a true and attested copy of COMPLAINT - MORT FORE together wit and at the same time directing Her attention to the contents Sheriff's Costs Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So Answers: R. ne 02/28/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this day of n'tl amJJ A. D. Prothonotary ? AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., FfK/A PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY P.IT No. 04-5172 CIVIL ACCT. #51 004761 5 8 DEFENDANT(S) DOUGLAS T. MCBIDE SERVE: DOUGLAS T. MCBIDE AT 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 SERVED Served and made known to 7 V \39 T AC N, tC e , 1 u at o'clock tm.,at of Pennsylvania, in the manner described below: Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 7, 2005 on the ? day of 200 1 Ft dant personally served. family member with whom Defendant(s) reside(s). Name and Relationship is _ in charge of Defendant(s)'s residence who refused to give name or relationship. ;er/Clerk of place of lodging in which Defendant(s) reside(s). or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Age a true and correct copy of the the addrets indicated above. Weight /60 Race _ Sex AA- Other Commonwealth NO gds' 1, a1 competent adult, being duly sworn according to law, depose and state that I personally handed of Sheriff s Sale in the manner as set forth h rein issued in the captioned case on the date and at LUCILLE H. COMY, ?P11bA0 Sworn to and su c ibed 44 (Nfl CVDAT& ? befor this d ay ! 1 of???p,200??? _J NotaXC- By, PLEASE ATTEMPT SER CE AT LEAS 3 TIMES. INDICAES OF SERVICE AT TEivIPTED. NOT SERVED On the day of , 200_, at o'clock _.m, Defendant NOT FOUND because: _ Moved - Unknown - No Answer Vacant 1st Attempt: Time: 3rd Attempt:- ! Time: Sworn toad subscribed before me tWs day of 200 Notary: i By: 2"d Attempt: Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 _ ro v_:r _ cj TI .s _. :? 1 r, 1 ?: ?.1 h.i ?j. f CIi PHELAN IIALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. DOUGLAS T. MCBIDE NO. 04-5172 CIVIL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DOUGLAS T. MCBIDE and, 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 10/14/04 to 4/21/05 TOTAL $96,272.84 $3,824.70 $100,097.54 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. ?DW,Ak .?? n. CE'VwNi?A DANIEL G. SCHMIE SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: 0J 4 PRO PROTHY r? "?i G? J ` ' ! z' : } ` . ? _? _ ?« _ _ --. C:- PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schrnieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2?> ?6?-7ono WASHINGTON MUTUAL BANK, F.A., S/B/M TO : COURT OF COMMON PLEAS WASHINGTON MUTUAL HOME LOANS, INC., FWA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 04-5172 DOUGLAS T. MCBRIDE Defendants TO: DOUGLAS T. MCBRIDE 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: MARCH 19, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHINTEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVENUE Plaintiff, V. DOUGLAS T. MCBIDE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5172 CIVIL VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval 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 DOUGLAS T. MCBIDE is over 18 years of age and resides at, 324 SOUTH ENOLA DRIVE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I-) DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff T> ?? to ; ? ?-';? N C? ?_ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL NANK, F.A., SIB/M TO WASHINGTON MUTUAL HOME LOANS, INC., CUMBERLAND COUNTY FWA PNC MORTGAGE CORP. OF AMERICA COURT OF COMMON PLEAS 11200 WEST PARKLAND AVENUE CIVIL DIVISION Plaintiff, NO. 04-5172 CIVIL v. DOUGLAS T. MCBIDE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ` 200 d4 By: EPUTY If you have any questions concerning this matter, please contact: f ' `! 2 ~- 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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." l h, F :` v 6+ ?, f' ?> i d RJ r?ii C c. ii _.{ ?_: ?l 1 ,. ? S C CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, No. 04-5172 CIVIL V. DOUGLAS T. MCBIDE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $100,097.54 Y Interest from 4/21/05 to SEPTEMBER 7, 2005 $2,286.55 and Costs (per diem -$16.45) TOTAL $102,384.09 t DANIEL G. SCHMIEG, 9SQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description ofproperty.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. O? wa wx? off ?zz? a 0o z??o U ? a H ?Q U F+ d O A z O H U w ?Oy F4 a 0 C1r U a 6. L 0 d L w d L O w tn N O r ti W a O z w A w a a. W x w O M Q' N d b N a ro sue. GJ iJl a- (\i ('v l J ?i r' ALL THAT CERTAIN tract of lad with the improvements thereon ereacd situate in the Borough of Lcrnoyoa, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Robert J. Walker, as follows: BEGINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly side of South Fourth Street (20 feet wide); thence extending from said beginning point along the Northerly sick of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 feet to a point; thence extending along Nos. 404 and 402 Bodler Avenue, North 59 dogmas 30 minutes East, 40.0 feet to a point on the Westerly side of South Fourth SUM; thence extending along said Street South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and puce of degituthig, Tax Parcel 112-21-0265-245 TITLE TO SUBJECT PREMISES IS VESTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S. Sabi and Priti Sabi, his wife, by Deed dated 10129/20M and recorded 10120/2000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 8120!2004 and recorded an 812412004 in the County of Cumberland in Record Book 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 > ,_, J ?? r.? s= ? , _ v '` oq _' - c..a ? Cdr r ?, i c+,. (?,, ? ? o ``J ?. c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-5172 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP OF AMERICA Plaintiff(s) From DOUGLAS T. MCBRIDE, 324 SOUTH ENOLA DRIVE, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 119 SOUTH 4To STREET, LEMOYNE PA 17043 (SEE LEGALDESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $100,097.54 L.L. $.50 Interest FROM 4/21105 TO 9/7/05 AT $16.45 PER DIEM = $2,286.55 Atty's Comm % Atty Paid $196.38 Plaintiff Paid Date: MAY 24, 2005 (Seal) REQUESTING PARTY: Due Prothy $1.00 Other Costs CURTIS R. LONG Protho Lary By: Depu Name DANIEL G. SCHMIEG, ESQ Address: ONE PENN CENTERE@ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL NANK, F.A., S/B/M TO . WASHINGTON MUTUAL HOME LOANS, INC., CUMBERLAND COUNTY F/K/A PNC MORTGAGE CORP. OF AMERICA COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO. 04-5172 CIVIL DOUGLAS T. MCBIDE Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, EkQUIRE Attorney for Plaintiff Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5172 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA V. Plaintiff, DOUGLAS T. MCBIDE WASHINGTON MUTUAL NANK. F A SB/M TO WASHINGTON MUTUAL HOME LOANS, INC.. F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 1119 SOUTH 4TH STREET, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS T. MCBIDE Last Known Address (if address cannot be reasonably ascertained, please indicate) 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS FIRST FEDERAL 5000 LOUISE DRIVE, P.O. BOX 40 CREDIT UNION MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name FIRST UNION NATIONAL BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 301 SOUTH COLLEGE STREET CHARLOTTE, NC 28288-0630 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 119 SOUTH 4TH STREET LEMOYNE, PA 17043 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. April 21, 2005 DATE }?a1LwtX.l ,?. ?G `f DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff i ? ^a ?? ri _+? _ i Y t`.J (,,-J - ?, , ! ?' ?,? ' {?? .. WASHINGTON MUTUAL NANK, F.A., S/B/M TO CUMBERLAND COUNTY WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA No. 04-5172 CIVIL Plaintiff, V. DOUGLAS T. MCBIDE Defendant(s). April 21, 2005 TO: DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE 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 BANKRUPTCYAND 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, 119 SOUTH 4TH STREET, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $100,097.54 obtained by WASHINGTON MUTUAL NANK, F.A., SIB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. 1 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUS ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoyna, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Robert J. Walker, as follows: BEGINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly side of South Fourth Sueet (20 fart wide); thence extending from said begirming point along the Northerly side of Apple Allcy, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 34.35 feet to a point thence extending along Nos. 404 and 402 Bosler Avenue, North 59 degrees 30 minutes East, 40.0 feet to a point on the Westerly side of South Fourth Street; thence extending along said Street South 30 degrees 30 minutes East, 34.35 feet to the aforementioned point and place of beginning. Tax Parcel #12-21-0265-245 TITLE TO SUBIECT PREMISES IS VESTED IN Dougtas'l'. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S. Sabi and Priti Sabi, his wife, by feed dated 10/19/2!100 and recorded 10/2012000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 8(2012004 and recorded an 812412004 in the County of Cumberland in Record Book 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 w //LVVD 11:1/ YHIrC uvl/vvl rax aulvol Fedeanan aad Phelm is now Law Offices PH ELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard suite 1400 Philadelphia, PA 19103-1814 Sandra.Coopes®fe dRhe,co m Sandra Cooper Judgment Department, Fact 1258 Representing Lenders in Pennsylvania and New Jersey June 7, 2005 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY FAX: 717-240-6397 Re: WASHINGTON MUTUAL NANK, F.., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/APNC MORTGAGE CORP. OF AMERICA v. DOUGLAS T. MCBIDE No. 04-5172 CIVIL Premises: 119 SOUTH 4TH STREET, LEMOYNE, PA 17043 Dear Jody: Please STAY the Sheriffs Sale of the above referenced property, which is scheduled for September 7, 2005. The Defendant (s) filed a Chapter y1__ Bankruptcy (No. 130-03711) on 6/2/05. Very truly yours. SMC Sandra Cooper cc: WASHINGTON MUTUAL BANK * S/I/I WMHL INC. Attention: MAP FileNo. 5 100476 15 8 June 7, 2005Mailed $1,500.00 check and copy of writ to Attorney schmieg's office. June 7, 2005 - Returned original writ and real estate package to the Prothonotary's Office WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5172 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP OF AMERICA Plaintiff(s) From DOUGLAS T. MCBRIDE, 324 SOUTH ENOLA DRIVE, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 119 SOUTH 4rn STREET, LEMOYNE PA 17043 (SEE LEGALDESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $100,097.54 L.L. $.50 Interest FROM 4/21/05 TO 9/7/05 AT $16.45 PER DIEM = $2,286.55 Atty's Comm % Atty Paid $196.38 Plaintiff Paid Date: MAY 24, 2005 (Seal) REQUESTING PARTY: Due Prothy $1.00 Other Costs CURTIS R. LONG Protho tary i By: 4 L J Deput Name DANIEL G. SCHMIEG, ESQ Address: ONE PENN CENTERE@ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-5172 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, SBIM TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP OF AMERICA Plaintiff(s) From DOUGLAS T. MCBRIDE, 324 SOUTH ENOLA DRIVE, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 119 SOUTH 4TH STREET, LEMOYNE PA 17043 (SEE LEGALDESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $100,097.54 L.L. $.50 Interest FROM 4/21/05 TO 9/7/05 AT $16.45 PER DIEM = $2,286.55 Arty's Comm % Arty Paid $196.38 Plaintiff Paid Date: MAY 24, 2005 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ Due Prothy $1.00 Other Costs CURTIS R. LONG Protho tary By: v J Deputy/ Address: ONE PENN CENTERE@ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 TRUE WPY FROM REOORO I? _. "lsr:ony? whereof, i here vow set my too 9 t se ! of SM& Cc at Caresis, - y, (a (? hon WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5172 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., FIKIA PNC MORTGAGE CORP OF AMERICA Plaintiff(s) From DOUGLAS T. MCBRIDE, 324 SOUTH ENOLA DRIVE, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 119 SOUTH 4rn STREET, LEMOYNE PA 17043 (SEE LEGALDESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $100,097.54 L.L. $.50 Interest FROM 4121105 TO 9/7/05 AT $16.45 PER DIEM = $2,286.55 Arty's Comm % Arty Paid $196.38 Plaintiff Paid Date: MAY 24, 2005 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ Due Prothy $1.00 Other Costs CURTIS R. LONG Protho tary By: Depu Address: ONE PENN CENTERE@ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 TRICE WPY FROM RECORD t- "'? J- rrony whereof, I here ufte set my kwd .i t of Yid ' at Carlisle. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5172 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP OF AMERICA Plaintiff(s) From DOUGLAS T. MCBRIDE, 324 SOUTH ENOLA DRIVE, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 119 SOUTH 4rn STREET, LEMOYNE PA 17043 (SEE LEGALDESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $100,097.54 L.L. $.50 Interest FROM 4/21105 TO 9/7/05 AT $16.45 PER DIEM = $2,286.55 Any's Comm % Atty Paid $196.38 Plaintiff Paid Date: MAY 24, 2005 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ Due Prothy $1.00 Other Costs CURTIS R. LONG Protho tary . By: J Depu Address: ONE PENN CENTERE@ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 TRICE WPtY FROM RECORD I- '7:se-jtr wr whereof, f here into set my halal ° f of saw CM at Carlisle, Y, OL PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, V. DOUGLAS T. MCBIDE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5172 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant Q 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. hwwkd _)J1 DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff WASHINGTON MUTUAL NANK, F.A., SIBIM TO WASHINGTON MUTUAL HOME LOANS, INC., F/KIA PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Plaintiff, DOUGLAS T. MCBIDE Defendant(s). CIVIL DIVISION NO. 04-5172 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL NANK. F.A., SIBIM TO WASHINGTON MUTUAL HOME LOANS, INC., FIK1A PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,119 SOUTH 4TH STREET, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS T. MCBIDE Last Known Address (if address cannot be reasonably ascertained, please indicate) 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS FIRST FEDERAL 5000 LOUISE DRIVE, P.O. BOX 40 CREDIT UNION MECHANICSBURG, PA 17055 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) FIRST UNION NATIONAL BANK 301 SOUTH COLLEGE STREET CHARLOTTE, NC 28288-0630 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 119 SOUTH 4TH STREET LEMOYNE, PA 17043 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 unworn falsification to authorities. April 21, 2005 DATE s t J1 _Jcivl?le G. SCHMIE , ECiv SQUIRE Attorney for Plaintiff WASHINGTON MUTUAL NANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., FIWA PNC MORTGAGE CORP. OF AMERICA Plaintiff, V. DOUGLAS T. MCBIDE Defendant(s). CUMBERLAND COUNTY No. 04-5172 CIVIL April 21, 2005 TO: DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 119 SOUTH 4TH STREET, LEMOYNE, PA 17043, is schedule( to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $100,097.54 obtained by WASHINGTON MUTUAL NANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS INC. F/K/A PNC MORTGAGE CORD OF AMERICA (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 charge, costs and reasonable attorney's fees due. To find out how much you must pay, you m; call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or opet judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 1 You may also be able to stop the sale through other legal proceedings. T 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUS ALL TIIAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lcmoyna, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Robert J. Walter, as follows: BEGINNING at a point formed by the intersection of the Northerly We of Apple Ailey (16 feet wide) and the Westerly side of South Fourth Street (2D feet wide); thence axbatding from said beginning point along the Northerly Ado of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 miaates West, 34.35 feet to a point; thence extending along Nos. 404 and 402 Busher Avenue, North 59 dogtees 30 minutes But, 40A feet to a Purim on the Westerly aide of South Fourth Street; thence extending along said Street South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of beginning. Tax Parcel 412-21.0265-245 TITLE TO SUBJECT PREMISES IS VESTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bbupinder S. Saki and Prid Sabi, his wife, by Deed dated 10/19t2t100 and recorded 10/2812000 in the County of CSrmborland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING T14P SAME PREMISES WHIC14 Terrence L. McBride by Deed dated $/2012004 and recorded on 8/2412004 in the County of Cumberland in Record Boot 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 WASHINGTON MUTUAL NANK, F.A, SB/M TO CUMBERLAND COUNTY WASHINGTON MUTUAL HOME LOANS, INC., FIKJA PNC MORTGAGE CORP. OF AMERICA No. 04-5172 CIVIL Plaintiff, V. DOUGLAS T. MCBIDE Defendant(s). April 21, 2005 TO: DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 119 SOUTH 4TH STREET, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $100,097.54 obtained by WASHINGTON MUTUAL NANK, F.A., S1BIM To WASHINGTON MUTUAL HOME LOANS, INC., F/KIA PNC MORTGAGE CORP. OF AMERICA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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) 240-6340. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUS ALL TIIAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lcrnoyna, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March b, 1973 by Robert J. Walker, as follows: BEGINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 foes wick) and the Westerly aide of South Fourth Strut (20 feet wide); thence extending firm said beginning point along the Northerly side of Apple Alley, Smyth 59 degrees 30 minutes West, 40.6 feet to a point; thence extending North 30 degrees 30 mimes West, 54.35 feat to a point; thence extending along Nos. 404 and 402 Buster Avenue, North 59 degrees 30 minutes East, 40.0 feet to a point on the Westerly aide of Sowh Fourth Street; dmee extending along said Stmot South 30 degrees 30 mimes Fast, 54.3:5 feet oo the aforementioned point and place of beginning. Tax parcel 412-21-0265-245 TITLE TO SUBJECT PREMISES IS VESTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Biwpinder S. Sabi and Prid Sabi, his wife, by Deed dated 10/1912000 and recorded l0(?AI2= in the County of Cumberland in Record Book 731, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WIIiCH Terrence L. McBride by Deed dated 812012004 and recorded on 8I24/2004 in the Qmaty of Cumberland in Record Book 264, Page 4158 conveyed unto Douglas T. McBfide. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Utuoyna, Cumberland County, Pennsylvania, more particrdariy bounded and described according to a survey dated March 6, 1973 by Robert I. Walker, as follows: BEGINNING at a point firmed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly side of South Fourth Street (20 feet wide); thence extending from said beginning point along the Northerly aide of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 mimes West, 54.35 feet to a point; thence extending along Nos. 404 and 402 Buster Avenue, North 59 degrees 30 minutes Fast, 40.0 feet to a point on the Westerly side of Sarah Fourth Strea; thence extending along said Street South 30 degrees 30 minutes East, 54.35 feet. to the aforementioned point and place of beginning. Tax Parcel $12-21-0265-245 TITLE TO SIIBIECT PREMISES IS VESTED IN Douglas 1'. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S. Sahi and Prid Sabi, his wife, by Deed dated 10/19/2000 and recorded 10!20/2000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 812012004 and recorded at 812412004 in the County of Cumberland in Record Back 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL TIIAT CERTAIN tract of lard whh the improvements thereun eroded situate in the Barough of Lanoyna, t:3umberiand County, Pennsylvania, more particularly bounded and described according W a survey dated. Mareb 6, 1973 by Robert 1. Walker, as follows: BEGINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly Me of South Fourth Street (20 feet wide); thence extending from said beginning point along the Northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point: thence exceeding North 30 degrees 30 minutes West, 54.35 feet to a point; thenco extending along Nos. 404 and 402 Boller Avemre, North 59 degrees 30 mmutes East, 40.0 foot to a point on the Westerly side of Soutb Fourh Srroet; thence extending along said Street South 30 degrees 30 minutes East, 54.35 feet to the aforemendoned point and place of begbm*. Tax Parcel A12-21-0265-245 TITLE TO SUBIFCT PREMISES IS VESTED IN Douglas T. McBride, by ream of the following: BEING THE SAME PREMISES WHICH Bhupiuder S. Sabi and Prid Sabi, his wife, by peed dated 10/1912000 and recorded 10/20!2000 in the County of Crunberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated $12012004 and recorded on 8124/2004 in the Cottnty of Cumberland in Record Boot 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL THAT CERTAIN tract of land with the improyeatems thereon ended situate in the Borough of Lomoyna, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Robert J. Walker, as follows: BEGINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 feet wick) and the Westerly side of Send) Fourth Street (20 feet wife); thence extending from said beginning point along the Northerly sick of Apple Ailey, South 59 degrees 30 minutes West, 90.0 feet to a point: thence extending North 30 degrees :10 minutes West, 34.35 feet to a point; thence emending along Nos. 944 and 402 Boaler Avenue, North 59 degrees 30 minutes But, 40.0 fed to a point on the Westerly aide of Sarah Fourth Street; thence extending along said Street South 30 degrees 30 minutes Feast, 54.35 fed to the aforementioned point ad mace of begidu tlg. Tax parcel $12-21-0265-245 TITM TO SUMECT PREMISES IS VESTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PROMSES WHICH Bhupinder S. Sabi and Prid Saki, his wife, by Deed dated 10119!7000 and recorded 10Mf20p0 in the County of Cumberland in Record Book 231, Page 1023 comeyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 872012!X}4 and recorded on V2412004 in the County of Cumberland in Record Book 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL THAT CERTAIN tract of land with the improvements dwreon erected situate in the Borough of Lomoyna, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Robert L Walker, as follows: BEGINNING at a point firmed by the intersection of the Northetly side of APple Alley (16 feet wide) and the Westerly side of South Fourth Street (20 feet wide); thence extending foot said beginning Point along the Northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 feet to a paint; thence extending along Nos. 404 and 402 Hader Avenue, North 59 degrees 30 minutes But, 40.0 feet to a Point on the Westerly side of South Fourth Street; dtence extending along said Street South 30 degrees 30 minutes East, 5435 feet to the afolem"donnd point and plate of beginning, Tax Parcel $12-21-0265-245 TITLE TO SUBJECT PREMISES IS VESTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S. Sabi and Prid Sabi, his wife, by Deed dated 1 01 1 412 0 00 and recorded 10!20!2040 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 872012004 and recorded on 812412004 in the County of Cumberland to Recend Book 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL THAT CERTAIN tract of land with the improyements thereon erected situate in the Borough of Le moyaa, Cumberiand County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Robert L Walker, as follows: BEGINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly side of South Fourth Street (20 Geer wide); thence extending from said beginning point along the Northerly sick of Apple Alley, South 59 degrees 30 minutes West, 40, 0 feet to a point; tbenoe extending North 30 degrees 30 minutes West, 54.35 fed to a point; thence mending along Nos. 404 and 402 Bonier Avemre, North 59 degrees 30 minutes East, 40.0 feet to a paint on the Westerly side of South Fourth Street; thence extending slang said Street South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point tad place of begihdlag. Tax Parcel #12-21-0265-245 TITLE TO SUBtECT PREMISES IS VMTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bbupinder S. Sabi and Prid Sabi, his wife, by Deed dated 1011912M and recorded 10/20rM in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BRING THE SAME PREMISES WMCI4 Terrence L. McBride by Deed dated 8/2012A04 and recorded on g124t20(W in the County of Cumberland in Record Book 264, Page 4153 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoyna, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated Mamb 6, 19T3 by Robert J. Walker, as follows: RWINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly side of South Fourth Street (20 feet wide); thence extending from said beginning point along the Northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 feet to a point; thence extending along Nos. 404 and 402 Boater Avenue, North 59 degrees 30 mitnttes But, 40.0 fba to a point on the Westerly aide of Swale Fourth Street; thence extending along, said Sara South 30 degrees 30 minutes Fast, 54.35 feet to the aforcmoationed point and place of beginning. Tax Parcel #12-2.1.0265-243 TITLE TO SUPLIECP PREMISES IS VESTED IN Douglas T. Mc&kk, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S. Sabi and Priti Sabi, his wife, by Deed dated 1011912000 and recorded IW120l2000 in the County of Cmbertand in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING T146 SAME PREMISES WHICH Terrence L. McBride by Dead dated 812012004 and recorded on 8124/2004 is the County of Cumberland in Record Book 264, Page 4158 conveyed tine Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL THAT CERTAIN tract of land with the improvements thereon erraed situate in the Borough of Lemoysa, Cumberland County, Pennsylvania, more particularly bounded and described aowrdiug to a survey dated Marcb 6, 1973 by Robert J. Walker, as follows: BEGINNING ar a point formed by the intersection of the Northetly side of Apple Alloy (16 fed wide) and the Westerly side of South Fourth Street (20 feet wide); thence extending from said beginning point along the Northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence exteMing North 30 degrees 30 minutes West, 54.35 feet to a point; thence extending along Nos. 404 and 402 Basler Aveme, North 59 degrees 30 minutes East, 40.0 feet to a point on the Westerly side of 8ottdt Fourth Street;. theme extending along said Sired South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of beginning. Tax parcel 012.21.0265-245 TITLE 'TO SUBJECT PREMISES 1S VESTED W Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S. Sabi and Priu Sabi, his wife, by Deed dated 10/19/20W and reoented 1012012000 in tdve County of Cumberland in Record Book 231, Page 1023 conveyed unto Tenet L. ]McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 817N2004 and recorded on 8/24/2004 in the County of Cumberland in Record Book 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoyna, Cumberland County, Pennsylvania, mom particularly bounded and described according to a survey dated March 6, 1973 by Robert 1. Walker, as follows: BEGINNING at a point firmed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly side of South Fourth Sweet (20 fleet wide); thence extending frwn said beginning point along the Northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 feet to a point; thence extending along Nos. 404 and 402 Rosier Avemre, North 59 dogtees 30 minutes But, 40.0 feet to a point on the Westerly aide of South Fourth Street; thence extending along said Street South 30 degrees 30 minutes East, 54.35 feet to rte aformentionod point anal place of begin". Tax Parcel 012-21-0265-245 TITI-E T I SURIECT PREMISES 1S VESTED IN Doagtas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S. Sabi and Prid Sabi, his wife, by Deed dated 10119/2000 and recorded 10/20[2000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L_ McBride by Deed dated 8!2012004 and recorded on 8/24/2004 in the County of Cumbertand in Record Book 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL 111AT CERTAIN tract of land with the irWroyementa thereon erected situate in the Borough of Lemoyn, Cumberland County, Pennsylvania, snore particularly bounded and described accardiug to a survey dated March 6, 1973 by Robert J. Wa&a, as follows: BEGINNING at a point farmed by the intersection of the Northerly side of Apple Alley (16 feet wtdc) and the Westerly side of South Faith Strad (20 feet wide); the= extending from said beginning paint along the Northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 fact to a point; thence extending along Nos. 404 attl 402 Boater Averme, North 59 dWws 30 minutes But, 40.0 feet to a point an the Westerly side of South Fourth Street; thence extending along said Street South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of beginning, Tax Parcel $12-21-0265-245 TITLE TO SUBJECT PREMISES 1S VESTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bintpiuder S. Said and Ptiti Sabi, his wife, by Deed dated 10(19/2000 and recorder! 10!2012000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICI4 Terrence L. McBride by teed dated 812012004 and recorded on 812412004 in the County of Cumberland in Record Boot 264, Page 4158 conveyed now Douglas T. McBride, PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 ALL THAT CERTAIN tram of land with the improvements thereon rnxted situate to the Borough of Lamoyna, CumWrla r d County, PeansyJvania, more particutariy bounded and described according to a survey dated March 6, 1973 by Robert I. Walker, as follows: BEGINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly aide of South Fourth Street (20 feet wide); thence extending from said beginning point along the Northerly Me of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 50 minutes West, 54.35 feet to a point; thence extending along Nos. 404 and 402 Boater Avenue, North 59 degrees 30 minutes But, 40.0 feet to a point an the Westerly side of South Fourth Street. thence extmilmg along said Stred South 30 degrees 30 minutes East, 54.35 feet to the mooned paint and PIM of beglnaiag. Tax Pares! 012-21-0265-245 TITLti'10 SUBJECT PREMISES IS VESTED IN Douglas T. McBride, by reason of the following: BEING THE SANE PREMISES WHICH Bhnpiadca S. Sabi and Prid Sabi, his wife, by Deed dated 10/19/20W and recorded 10/20/2000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 812((2004 and recorded on 8/2412004 in the County of Cumberland in Record Book 261, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K!A PNC MORTGAGE CORP. OF AMERICA Plaintiff, No. 04-5172 CIVIL V. DOUGLAS T. MCBIDE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/21/05 to MARCH 8, 2006 (per diem -$16.45) TOTAL Atty. Fees and Costs $100,097.54 $5,280.45 and Costs $105,377.99 $ 3,112.00 One Penn Center at Suburban Station l 1617 John F. Kennedy Boulevard, Suite 1 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. V V ? V -- ? O V V 4 N oz Lo u wa wx? OF HOa F" w cc u ar °xw? z? 3?0 "" U rn I ? J M Cj Lq Zz. 69- tf) N O r a U zJ w o U A ? G GS? 'W w ? W y ? N O p 0 ? Q N N H b a w ? ti - j J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5172 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., S/B/M/ TO WASHINGTON MUTUAL HOME LOANS, INC., F/WA PNC MORTGAGE CORP. OF AMERICA, Plaintiff (s) From DOUGLAS T. MCBRIDE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $100,097.54 L.L. $.50 Interest FROM 4/21/05 TO 3/8/06 (PER DIEM - $16.45) -- $5,280.45 AND COSTS Atty's Comm % $3,112.00 Arty Paid $211.38 Plaintiff Paid Date: DECEMBER 6, 2005 Due Prothy $1.00 Other Costs Pr thonotary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Chapter No. 13 Terrence L. McBride Bk. No. 1 05-bk-03711 Debtor Mortgage Electronic Registration Systems, Inc. Movant 11 U.S.C. §362 V. Terrence L. McBride a/k/a Terrence Lee McBride Charles J. DeHart, III, Trustee Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of Mortgage Electronic Registration Systems, Inc. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. 5362 is modified with respect to premises 212-216 Creek Road, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and Mortgage Electronic Registration Systems, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. By. the Cowt, 71 v V Bap P" Jpdge (JK) This electronic order assigned and fled on the same date. Dated: October 12. 2005 ALL THAT CERTAIN tract: of land with the improvements thereon erected situate in the Borough of Lcmoyna, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Robert J. Walker, as follows: BEGINNING at a point forme f by the imerseetion of the Northerly side of Apple Alley (16 fee wide) and the Westerly silk of South Fourth Street (20 Cent wide); thence extending from said beginning point along the Northerly sido of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 feet to a paint; thence extending along Nos. 404 and 402 Bosler Avenue, North 59 degrees 30 minutes But, 40.0 feet to a point on the Westerly Hide of South Fourth Street; thence extending along said Street South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of beouil Yg. Tax Parcel g12-21-0265-245 TITLE TO SUBJECT PREMISES 1S VESTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S_ Sabi and Prid Sabi, his wife, by Deed dated 10/19/2000 and recorded 10!20/20(10 in the County of Cumberland in Record Book 23t, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 8120/24)04 and recorded on 812412004 in the County of Cumberland in Record Book 264, Page 4158 conveyed two Douglas T, McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL NANK, F.A., S/B/M TO . WASHINGTON MUTUAL HOME LOANS, INC., CUMBERLAND COUNTY F/K/A PNC MORTGAGE CORP. OF AMERICA COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 04-5172 CIVIL DOUGLAS T. MCBIDE Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant O 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. ._ , -: WASHINGTON MUTUAL NANK, F.A., S/B/M TO . WASHINGTON MUTUAL HOME LOANS, INC., CUMBERLAND COUNTY F/K/A PNC MORTGAGE CORP. OF AMERICA COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION DOUGLAS T. MCBIDE NO. 04-5172 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL NANK. F.A.. S/B/M TO WASHINGTON MUTUAL HOME LOANS. INC., F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,119 SOUTH 4TH STREET, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name MEMBERS FIRST FEDERAL CREDIT UNION WACHOVIA BANK, N.A. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5000 LOUISE DRIVE P.O. BOX 40 MECHANICSBURG, PA 17055 26 ORANGE STREET MOUNT HOLLY SPRINGS, PA 17065 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 5201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 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) FIRST UNION NATIONAL BANK 301 SOUTH COLLEGE STREET CHARLOTTE, NC 28288-0630 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 119 SOUTH 4TH STREET LEMOYNE, PA 17043 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. December 5. 2005 DATE for rn , 1 .1 C.. T _ 4 co 6 WASHINGTON MUTUAL NANK, F.A., SB/M TO CUMBERLAND COUNTY WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA No. 045172 CIVIL Plaintiff, V. DOUGLAS T. MCBIDE Defendant(s). December 5, 2005 TO: DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE 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 BANKR UPTCYAND 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 ALIEN AGAINST PROPERTY. Your house (real estate) at, 119 SOUTH 4TH STREET, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on MARCH S, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $100,097.54 obtained by WASHINGTON MUTUAL NANK, F.A S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorneys 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. R 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE X ALL THAT CERTAIN tract of tend with the inVrovements thereon erccled situate in the Borough of Lanoyna, Cataberland County, Pennsytvanta, am particulmly bounded and described according to a survey dated March 6, 1973 by Robert J. Walker. as follows:. BEGINNING at a point formed by the ioterseWan of the Northerly aide of Apple Alley (16 feet wide) and the Westerly aide of South Fourth Street (20 fact wide); thence extending from said beginning point along the Northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point: thence extending North 30 degrees 30 minutes Weal, 54.35 feet to a point; thence extending along Nos. 404 and 402 Boiler Avenue, North 59 degrees 30 minutes But, 40.0 feet to a point on the Westerly side of South Fourth SUM. thence extending along said Stmt South 30 degrees 30 minutes East, 54.35 feet to the aforementioned paint atld place of begimdiog. Tax Parcel 012-21'-0263-245 TITLE TO SURIECT PREMISES IS VESTED IN Dougin T. McBride, by reason of the following: BEING THE SAM13 PREMISES WHICH OWPioder S. Sabi and Prid Sabi, his wife, by Deed dated 10119@000 and recorded lof2o12000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PRIMISFS WIIICA Terrence L. McBride by Dead dated 8120120M and recorded on 8/2412004 in the County of Cumberland in Record Book 264, Page 4158 conveyed unto Douglas T, McBride. PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 c^-' ?j -5 f' .i U n PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., FWA PNC MORTGAGE CORPORATION OF AMERICA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. NO. 04-5172 CIVIL DOUGLAS T. MCBRIDE Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, DOUGLAS T. MCBRIDE , by certified mail and regular mail to 119 SOUTH 4TH STREET, LEMOYNE, PA 17043, 324 SOUTH ENOLA DRIVE, ENOLA, PA 17025 and 26 ORANGE STREET, MT. HOLLY SPRINGS, PA 17065, and in support thereof avers the following: A Sheriff's Sale of the mortgaged property involved herein has been scheduled for MARCH 8, 2006. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriff's Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A" 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. As indicated as Exhibit "C", Plaintiff did not attempt to serve the defendant at the mortgage premises due to the sheriff declaring that the defendant moved from the property. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 119 SOUTH 4TH STREET, LEMOYNE, PA 17043and 324 SOUTH ENOLA DRIVE, ENOLA, PA 17025 and 26 ORANGE STREET, MT. HOLLY SPRINGS, PA 17065. PHELAN HALLINAN & SCHMIEG. LLP By: DANIEL G. Attorney for PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff V. DOUGLAS T. MCBRIDE Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5172 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, DOUGLAS T. MCBRIDE , are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". As indicated as Exhibit "C", the defendant moved from the property. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 119 SOUTH 4TH STREET, LEMOYNE, PA 17043, 324 SOUTH ENOLA DRIVE, ENOLA, PA 17025 and 26 ORANGE STREET, MT. HOLLY SPRINGS, PA 17065. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: February 7, 2006 PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5172 CIVIL DOUGLAS T. MCBRIDE Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 and 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 and 26 ORANGE STREET MT. HOLLY SPRINGS, PA 17065 G. SgpCinieg, Esquire y or Plaintiff Date: February 7, 2006 AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA DEFENDANT(S) DOUGLAS T. MCBIDE SERVE DOUGLAS T. MCBIDE AT 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 SERVED Served and made known to at , o'clock _.m., at of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _ Height V Weight CUMBERLAND COUNTY SMC No. 04-5172 CIVIL ACCT. #5100476158 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 8, 2006 Defendant, on the day of 200, Race _ Sex _ Other Commonwealth 1, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 1200. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the { • day of [) (c , 2005 , at 70 o'clock-.m., Defendant NOT FOUND because L Moved - Unknown No Answer Vacant 1st Attempt: ! 1 Time: 2nd Attempt: Time: 3rd Attempt: Time: \ 4 Jwo3rm? ltd suhscrihe® I ?C 1C (; &.'?4.t•f T'i-,y. T I..tJJ??I?t> WtC:.ti:? vt ?l' 1.?4i,.y 1`j0 DaniEl ShtlhNlrg4lhire - I.D. No. 62205 PATRICIA E HAIR I5 Commission Expires June 16, 200 Ir r) AFFIDAVIT OF SERVICE SXM Plaintiff: WASHINGTON MUTUAL BANK, F.A., SB/M TO CUMBERLAND County WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC No 04-5172 CIVIL MORTGAGE CORPORATION OF AMERICA PHS# 100493 Defendant(s): DOUGLAS T. MCBRIDE Type of Action - Notice of Sheriffs Sale Sale Date: 3/8/06 Please serve upon: DOUGLAS T. MCBRIDE Address: 26 ORANGE STREET MT. HOLLY SPRINGS, PA 17065 Served and made known to ,2002, at _., o'clock _.m, at of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is - --Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _ Height _ W eight _ Race -Sex _ Other Commonwealth I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Cale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 2002. Notary: By: NOT SERVED ***A TTVAADT CUD 11700' NU T TUD I /Z\ On the S c day ofc3f'2 ,200, at _ __-_ Moved _)(-- Unknown _ No Answer V attempt _ 2nd attempt date & time date & time Comment: j`:32 -T-`i))Pw?c / Z. Sworn to ands sc tb? rIJ.?1. ?_ No ry: ?a'!tiC-i Elttut ' Daniel G. nieg, EsquiNojs (I}7ftC62205 One Penn Center PlazQN1601169kersey Philadelphia, PA 191PATRICIA E. HARRIS Commission Expires June 16, 2008 I "Zo o'clock LA.m., Defendant NOT FOUND because: Vacant 3rd attempt `date & time t?. U t lCw? . W'5 ?AJi4S Ida Y4 i SERVED Defendant, on the day of X e ?U yip. FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 100493 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Douglas T. McBride Property Address: 119 S. 4th Street, Lemoyne, PA 10743 Possible Additional Mailing: 324 South Enola Drive, Enola, PA 17025 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Douglas T. McBride - 186-62-XXXX B. EMPLOYMENT SEARCH Douglas T. McBride - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Douglas T. McBride reside(s) at: 324 South Enola Drive, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance and found no listings for Douglas T. McBride. B. On 1/24/06, our office made several telephone calls to phone number, (717) 732- 7231 and received the following information: received voicemail each time. III. INQUIRY OF NEIGHBORS On 1/24/06 our office made several phone calls in an attempt to contact Betty Bishop, 318 South Enola Drive, Enola, PA 17025: spoke with an unidentified female who could neither confirm or deny that the subject reside(s) at 324 South Enola Drive, Enola, PA 17025. On 1/24/06 our office made several phone calls in an attempt to contact Richard Kemler, 329 South Enola Drive, Enola, PA 17025: spoke with an unidentified female who could neither confirm or deny that the subject reside(s) at 324 South Enola Drive, Enola, PA 17025. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 1/24/06 we reviewed the National Address database and found the following information: Douglas T. McBride- 324 South Enola Drive, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Douglas T. McBride. VI. OTHER INQUIRIES A. DEATH RECORDS As of 1/24/06 Vital Records and all public databases have no death record on file for Douglas T. McBride. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Douglas T. McBride residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Douglas T. McBride - 6/1/68 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unswom falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Qom{ C0MM2Mff,ft& OF YAWA NOTAflMtil9EAL RYAN P GALYIN, W" PWYc City of PYMtlyMM, ftk Carts/ 14 Conrlwoa EON 00=66 21, 7006 Sworn to and subscribed before me this 24th day of January 2006. The above information is obtained from available public records and we are only liable for the cost of the affidavit. SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05172 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS MCBRIDE DOUGLAS T R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCBRIDE DOUGLAS T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MCBRIDE DOUGLAS T 119 SOUTH 4TH STREET LEMOYNE, PA 17043 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers Docketing 18.00 Service 11.84 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.84 PHELAN HALLINAN SCHMIEG 02/10/2005 Sworn and subscribed to before me this day of A. D. t Prothonotary ro > n Q7 s- a PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 Defendant 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation of America Plaintiff vs. Douglas T. Mcbride ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 04-5172 CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 14, 2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 24, 2005 in the amount of $100,097.54. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 119 South 4th Street, Lemoyne, PA 17043 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 1-05-03711 on June 2, 2005. The Bankruptcy was dismissed by order of court dated October 4, 2005. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C" 4. The Property is listed for Sheriffs Sale on March 8, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. Additional sums have been incurred or expended on Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance 56,425.54 Interest Through 3/8/06 14,189.32 Per Diem $20.12 Late Charges 1,153.37 Legal fees 1,025.00 Cost of Suit and Title 1,842.00 Sheriffs Sale Costs 1,500.00 Property Inspections 0.00 Appraisal/BPO 100.00 MIP/PMI 172.75 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 8.357.33 TOTAL $114,765.31 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP Date: By: -u? Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation of America Plaintiff vs. Douglas T. Mcbride ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 04-5172 CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 119 South 4th Street, Lemoyne, PA 17043. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. III. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fewer in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citi?rrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallman?& SS/chmieg, LLP DATE: 8 By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 11EDt9LMAN ANTI NiH,AN, LI.P By: FRANK FEDERMAM ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No.32227 FRANCIS S. I IALLINAN, ESQ., Id_ No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA PA 19103 ?I? X63-7000 WASHINGTON MUTUAL BANK, F.A., S/B/M "1'O WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM [ NO. 7- 5 1-7o u CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must t4ke action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE, THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ` •'" (800)990-9108 s +y; P4" - I'tt FROM RECORD t tle"rc, t qto Si'lr: MY hmd File q: 100493 FEDERMAN AND PHELAN, LIT By FRANK FEDERMAN, ESQ., [d. No_ 12248 LAWRENCE T. PHELAN, ESQ_, Id_ No. 32227 FRANCIS S. HALLINAN, ESQ_, Id_ No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA. PA 19103 (?15)563-7000 WASHING"I'ON MU I'UAL BANK, F_A_, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLFAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff- You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Filed: 100493 IF THIS IS T11E 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 d seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBTOR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 100493 Plaintiff is WASTINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC_, F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WES"f PARKLAND AVE_ MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/19/2000 DOUGLAS T. & TERRENCE L. MCBRIDE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1646, Page: 590. 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 05/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. .. File: 100493 6. The following amounts are due on the mortgage: Principal Balance $86,425.54 Interest 3,945.48 04/01/2004 through 10/13/2004 (Per Diem $20.13) Attorney's Fees 1,250.00 Cumulative Late Charges 481.73 10/19/2000 to 10/13/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 92,652.75 Escrow Credit 0.00 Deficit 3,620.09 Subtotal $ 3,620.09 TOTAL $ 96,272.84 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FFIA-insured. 10. Plaintiff hereby releases TERRENCE L. MCI3RIDE from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 96,272.84, together with interest from 10/13/2004 at the rate of $20.13 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. FEDERMAAL?1Zifi L By: /s/F antis all a __ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100493 -ty X Yt ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6,1973 by Ernest 1. Walker, as follows: BEGINNING at a point formed by the intersection of the northerly side of Apple Alley (16 feet wide) and the westerly side of South Fourth Street (20 fed wide): THENCE extending from said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; THE14CP, extending North 30 degrees 30 minutes West, 54.35 feet to a point; THENCE exuding along NM 404 and 402 Bosler Avenue, North 59 degrees 30 minutes Fast, 40.0 feet to a point on the westerly side of South Fourth Street; THENCE extending along said Street, South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of BEGINNING. BEING the southerly portion of Lot No. 99, Section "C" on Plan #1 of Riverton, said Plan being recorded in Deed Book 4, Volume 7, page 40, Cumberland County records. BEING known and numbered as 119 S. Fourth Street, Lemoyne, Pennsylvania BEING THE SAME PREMISES WHICH Bhupinder S. Sabi and Priti Sabi, his wife, by deed dated October 19, 2000 and seconded October 20, 2000 in Book 231, page 1023, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Terrence L.. McBride, single mart. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing 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. 4404 relating to unswom falsifications to authorities. rancis S. Hal man, squire Attorney for Plaintiff DATE: D 1 Exhibit "B" PHELAN HALLMAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL NANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, V. DOUGLAS T. MCBIDE CUMBERLAND COUNTY= rv ='J COURT OF COMMON-PLEAS" J CIVIL DIVISION n NO. 04-5172 CIVIL r"+TTC' y S - v_ RUPY r V LiU°F i st Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DOUGLAS T. MCBIDE and , 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: T A COPY As set forth in Complaint ??? hett'Ut?'S? $96,272.84 Interest from 10/14/04 to 4/21/05 $3,824.70 TOTAL $100,097.54 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. ATTC7':°, Rl ECOPY PEE, _- Li 0°f4 DANIEL G. SCHMIE SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. l r ?? ATT+?? ,, ; r;±-,!,_ COP DATE: P PROTHY VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Phelan Hallman && S?c/hmieg, LLP DATE: a O? By: 7?te-- / Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation of America Plaintiff VS. Douglas T. Mcbride Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 04-5172 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Douglas T. Mcbride 26 Orange Street Mount Holly Springs, PA 17065 Douglas T. Mcbride 119 South 4th Street Lemoyne, PA 17043 Douglas T. Mcbride P.O. Box 584 New Cumberland, PA 17070 DATE: 3' OO Phelan Hallman & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA Plaintiff V. DOUGLAS T. MCBRIDE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5172 CIVIL ORDER OF COURT AND NOW, this 17" day of February, 2006, upon consideration of the Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, Douglas T. McBride, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendant, Douglas T. McBride by posting a copy of the Complaint upon the premises, 119 South 41" Street, Lemoyne, PA 17043; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last know addresses at 119 South 41h Street, Lemoyne, PA 17043, 324 South Enola Drive, Enola, PA 17025 and 26 Orange Street, Mt. Holly Springs, PA 17065; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Douglas T. McBride by sending copies of same to Defendant's last know addresses by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Daniel G. Schmieg, Esquire } swab Or Cumberland County Sheriff J l? bas \?°II) V WASHINGTON MUTUAL BANK, F.A., S/B/M to WASHINGTON MUTUAL HOMES LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF V. DOUGLAS T. MCBRIDE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5172 CIVIL ORDER OF COURT AND NOW, this 21st day of February, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; (2) The defendant shall file an answer to the petition within twenty days of service; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) An evidentiary hearing on disputed issues of material fact shall be held on the 29th day of March, 2006, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. Michele M. Bradford, Esquire Attorney for Plaintiff - D; Douglas T, McBride Defendant By the Court, M. L. Ebert, Jr., J. bas IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., Court of Common Pleas s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation of America Civil Division Plaintiff vs. Cumberland County No. 04-5172 CIVIL Douglas T. Mcbride Defendant ORDER AND NOW, this 3rd day of ? Ut 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance 86,425 .54 Interest Through 3/8/06 14,189 32 Per Diem $20.12 Late Charges 1,153 .37 Legal fees 1,025 .00 Cost of Suit and Title 1,842 .00 Sheriffs Sale Costs 1,500 .00 Property Inspections 0 .00 Appraisal/BPO 100 .00 MIP/PMI 172 .75 NSF 0 .00 Suspense/Misc. Credits 0 .00 CURTIS R. LONG .?- Prothonotary Cumberland County l1PA 04?A6 - f'W • ?.?? One Courthouse Square F I I i _ Carlisle, PA 17013 U? T T +3.Y PB MSrEN 1148171 u.a. POSTe ??)n6 I,; -7 F 112* 18 o q - S '7 C", ?' 119 South 4th Street Lemoyne, PA 17043 OA ? INSUFFICIENT ADDRESS ? ATTEMPTED NOT KNOWN ? OTHER ? NO SUCH NUMBER/ STREET S IIIIllII11IINOT DELIVERABLE -UNABLE TO FORWARDDDRESSED ?ou IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., Court of Common Pleas s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation of America Civil Division Plaintiff : Cumberland County vs. : No. 04-5172 CIVIL Douglas T. Mcbride Defendant ORDER A AND NOW, this 3 day of A e , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 3/8/06 Per Diem $20.12 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 3/8/06 through the date of sale at six percent per annum. 86,425.54 14,189.32 1,153.37 1,025.00 1,842.00 1,500.00 0.00 100.00 172.75 0.00 0.00 8.357.33 $114,765.31 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 0 V N? 4 ?A4- 100493 _ , ;;. ?'i? ??, '.Id ,0 I r -% SALE DATE: MAY 10, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL NANK, F.A., S/B/M TO WASHINGTON MUTUAL No.: 04-5172 CIVIL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA VS. DOUGLAS T. MCBIDE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 119 SOUTH 4TH STREET, LEMOYNE, PA 17043. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. May 9, 2006 a" E. q ? qq 6 toS ^ v •i 0 r z U A w N .-. p oo J a% Lh l- w N ?. a? ? M N 6 CD z C a' Z ;v 0 m z 0 ? o x 0 0 0 5 4 a O y 0: 9 O M a O ~" z r O z r .- tn ro z 0 o (7 a 0 5 d O 6 W a 0O A z z _ O z d O ° b n n r O O r ,y r U O .. ?; ?^ og rn N o o w z ?? 0 0 o ?. 0 b O Y w ^°??? s s?? to z O +' O O ST. ?' N d C) o by g ^ n ? N O c ? C x a x 0 0 ? x tZ d 5 "J' b Y H w ?? r go z U . - v ^n. w a a o O 3 A a N ?] w ov 0 ° N o w ? .a oYz " = to 0 Yx? Qa? a- En C7 a ? w En 5 o r o r b ------------------- g?pP4sr? i,: 02 1A $2-100-- 0004309825 DEC 06 2005 MAKED FROM Z#'CODE 19103 ? o -< ?` Cw C? N C-re7 2 rn Fr. rn -C 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 Washington Mutual Bank F A is the grantee the same having been sold to said grantee on the 10th day of May A.D., 2006, under and by virtue of a writ Execution issued on the 6th day of Dec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 5172, at the suit of Washington Mutual Bank F A against Douglas T McBride is duly recorded in Deed Book No. 274, Page 3661. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c?b7t day of of Deeds Washington Mutual Bank, F.A. s/b/m The Court of Common Pleas of To Washington Mutual Home Loans, Inc. Cumberland County, Pennsylvania f/k/a PNC Mortgage Corp. of America Writ No. 2004-5172 Civil Term VS Douglas T. McBride Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 2:59 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Douglas T. McBride, by making known unto Elana Fortur, adult niece of the defendant, at 15 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. J. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2006 at 10:55 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Douglas T. McBride, located at 119 South 4th Street, Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Douglas T. McBride, by regular mail to his last known address of 15 Thomas Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 10, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America. It being the highest bid and best price received for the same, Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp of America of 11200 West Parkland Ave., Milwaukee, WI 53224, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $998.28. Sheriff s Costs: Docketing $30.00 Poundage 19.57 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.00 Certified Mail 9.28 Levy 15.00 Surcharge 20.00 Postage .78 Law Journal 365.00 Patriot News 338.60 Share of Bills 21.05 Distribution of Proceeds 25.00 Postpone Sale 20.00 Sheriffs Deed 40.50 $ 998.28 So Answers: R. Thomas Kline, Sheriff BY?, 16&A Real Estat ergeant (1 1_ 08.06 30 613 1 e. S4/9 (t4, 17?9/7 r WASHINGTON MUTUAL NANK, V.A., SB/M TO . WASHINGTON MUTUAL HOME LOANS, INC., CUMBERLAND COUNTY F/K/A PNC MORTGAGE CORP. OF AMERICA COURT OF COMMON PLEAS Plaintiff, w• CIVIL DIVISION DOUGLAS T. MCBIDE NO. 04-5172 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL NANK, F.A.. SB/M TO WASHINGTON MUTUAL HOME LOANS. INC., F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 .119 SOUTH 4TH STREET, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name MEMBERS FIRST FEDERAL CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) 5000 LOUISE DRIVE P.O. BOX 40 MECHANICSBURG, PA 17055 WACHOVIA BANK, N.A. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 26 ORANGE STREET MOUNT HOLLY SPRINGS, PA 17065 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 r 1 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) FIRST UNION NATIONAL BANK 301 SOUTH COLLEGE STREET CHARLOTTE, NC 28288-0630 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 119 SOUTH 4TH STREET LEMOYNE, PA 17043 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 unworn falsific?lio11 o authorities. December 5, 2005 DATE for WASHINGTON MUTUAL NANK, F.A., SB/M TO CUMBERLAND COUNTY WASHINGTON MUTUAL HOME LOANS, INC., F/K/A INC MORTGAGE CORP. OF AMERICA No. 04-5172 CIVIL Plaintiff, V. DOUGLAS T. MCBIDE Defendant(s). December 5, 2005 TO: DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 119 SOUTH 4TH STREET, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $100,097.54 obtained by WASHINGTON MUTUAL NAN& F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA (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. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only 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 We 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN tract of bud with the lmprovamats themon. sealed situate in the Borough of Lomoym, Cumberland County. Pa unytvania, room yartiaulady bounded and described according to a survey dated March 6, 1973 by Robert L Walker. as follows: BMNNING at a point b med by the intersection of the Northerly Me of Apple Alley (16 feet wide) and the Weatetly aide of South Fourth Surest (20 feet wide); dm= extending firm said beginning paint along We Northerly side of Apple Allay, South 59 dogma 30 minuies West, 40.0 Beet to a paint; thence extending Nor& 30 degrees 30 minata bleat, SUS feet to a point, thence axteadbtg along Not. 404 and 402 Baler Aveom, North 59 degrees 30 minutes But, 40.0 feet to a palm on the Westerly SW of Sarah Foattb Stmt; rheas cstaodiog along said Street South 30 dogma 30 mirralea Gaut, 34.35 feet w the of countltrned point and ow of beginning. Tax Parcel #12.21.0265-2d5 TITLE TO SURIECP PREMISES IS VESM IN Douglas T. McBride, by reeaau of the folw*ft: BEING THE SAME PREMISES WHICH Bbnpindrr S. Sabi and Prid Sabi, his wile, by Deed doted 10119f2000 and recorded 10012000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unm Terrance L. McBride. AND AIM BRING THB SAME PREMISES WHICH Terrence L. McBride by Deed dated W2DIM and recorded an 812412004 in no County of Cumberland in Record Book 264, Page 415E conveyed unto Douglas T. McBride, -- PREMISES BEING: 119 S 4TH STREET, LEMOYNE, PA 17043 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-5172 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SB/M/ TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff (s) From DOUGLAS T. MCBRIDE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $100,097.54 L.L. $.50 Interest FROM 4/21/05 TO 3/8/06 (PER DIEM - $16.45) -- $5,280.45 AND COSTS Atty's Comm % $3,112.00 Due Prothy $1.00 Any Paid $211.38 Other Costs Plaintiff Paid Date: DECEMBER 6, 2005 P thonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 5"2 0"C ---) L: 3: 0`8 Real Estate Sale # 38 On December 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA Known and numbered as 119 South 4th Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 16, 2005 8Z f. d L- 330 0 By:? &i1 Real Estate Sergeant ?v d AAA 2 S, 3N1 J0 ? Ft A THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow, 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 newsp#pers 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 in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#38 .................. Sworn to and CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 My commission expires June 6, 2006 PROOF OF PUBLICATION OF NOTICE In CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVAN 1. ? COUNTY OF CUMBERLAND : Ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes 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- January 20, 27. February 3, 2006 Aftiant further deposc,, that he is authorized to verily 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 anal characterof publication are true. Marie Coyne, Editor SV ORN -TO AN 1) SU BSCRIBED before me this 3 day of _ I;ebruarv, 2006 Notary IMAL SWAM Yii 118. n Writ No. 2004-5172 Civil Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage Corp. of America VS. Douglas T. McBride Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Robert J. Walker, as follows: BEGINNING at a point formed by the intersection of the Northerly side of Apple Alley (16 feet wide) and the Westerly side of South Fourth Street (20 feet wide); thence extending from said beginning point along the Northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 feet to a point; thence extend- ing along Nos. 404 and 402, Boller Avenue, North 59 degrees 30 min- utes East, 40.0 feet to a point on the Westerly side of South Fourth Street; thence extending along said Street South 30 degrees 30 minutes East, 54.35 feet to the aforemen- tioned point and place of beginning. Tax Parcel #12-21-0265-245. RECORD OWNER TITLE TO SUBJECT PREMISES IS VESTED IN Douglas T. McBride, by reason of the following: BEING THE SAME PREMISES WHICH Bhupinder S. Sabi and Pritt Sahi, his wife, by Deed dated 10/ 19/2000 and recorded 10/20/ 2000 in the County of Cumberland in Record Book 231, Page 1023 conveyed unto Terrence L. McBride. AND ALSO BEING THE SAME PREMISES WHICH Terrence L. McBride by Deed dated 8/20/2004 and recorded on 8/24/2004 in the County of Cumberland in Record Book 264, Page 4158 conveyed unto Douglas T. McBride. PREMISES BEING: 119 S. 4TH STREET, LEMOYNE, PA 17043. PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney For Plaintiff Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION TO CONFIRM SALE AND DIVEST INTEREST, NUNC PRO TUNC Plaintiff, Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America, by and through its attorney Phelan Hallinan & Schmieg, LLP, and Daniel G. Schmieg, Esquire, hereby moves this Honorable Court to confirm the May 10, 2006 Sheriff s Sale of 119 South 4th Street, Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, and to divest the interest of Terrence L. McBride, Nunc Pro Tunc, and in support thereof avers as follows: 1. On October 19, 2000, Terrence L. McBride made, executed and delivered a mortgage upon the Property known as 119 South 4th Street, Lemoyne, County of Cumberland, Commonwealth of Pennsylvania (the "Property"), to Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America (the "Plaintiff'), which mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book 1646, Page 590 on October 20, 2000. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the mortgage. 2. On August 20, 2004, Terrence L. McBride conveyed title to the Property to Douglas T. McBride by Deed recorded on August 24, 2004 in the Cumberland County Recorder of Deeds Book 264, Page 4158 (the "August 24, 2004 Deed"). Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the August 24, 2004 Deed. 3. The mortgage remained a lien on the Property. 4. As a result of the subsequent default on the Mortgage, Plaintiff initiated the instant Mortgage foreclosure action on October 14, 2004. Attached hereto, made a part hereof, and marked as Exhibit "C" is a true and correct copy of Plaintiff s Mortgage foreclosure Complaint. 5. Pursuant to August 24, 2004 Deed, as this is an in rem action, Plaintiff named in its Complaint only Douglas T. McBride and released Terrence L. McBride because he was not the real owner of the Property at the time of filing. Pa.R.C.P. 1144. 6. Douglas T. McBride failed to respond to the Complaint and Default Judgment was entered on May 24, 2005. Attached hereto, made a part hereof, and marked as Exhibit "D" is a true and correct copy of the Default Judgment. 7. Pursuant to a Writ of Execution, the Property was listed for Sheriff s Sale on May 10, 2006 and Notice of Sheriff s Sale of Real Estate was sent to all lien holders appearing of record. Attached hereto, made a part hereof, and marked as Exhibit "E" is a true and correct copy of Plaintiffs Affidavit pursuant to Pa.R.C.P. 3129.1. 8. Notice of Sale was served upon Douglas T. McBride on January 06, 2006. Attached hereto, made a part hereof and marked as Exhibit "F" is true and correct copy of the Affidavit of Service of the Notice of Sale. 9. Plaintiff was the sole and successful bidder on the Property at the May 10, 2006 Sheriff's Sale and purchased the Property for the costs of the sale. 10. Pursuant to a post-sale title search, Plaintiff learned that, subsequent to Plaintiff's Complaint filing but prior to the May 10, 2006 Sheriff's Sale, the title to the Property was conveyed back to Terrence L. McBride by Deed recorded February 28, 2005 in Book 267, Page 3586 (the "February 28, 2005 Deed"). Attached hereto, made a part hereof, and marked as Exhibit "G" is a true and correct copy of the February 28, 2005 Deed. 11. Although Plaintiff was not required to join Terrence L. McBride as a defendant to the action, Resolution Trust Corp. v. Warwick Nurseries, 450 Pa. Super. 200, 203 (1996), Plaintiff, had it been aware of the February 28, 2005 Deed, would have listed Terrence L. McBride in its 3129 Affidavit as a record owner of the Property. 12. Despite Terrence L. McBride not being included in Plaintiff's 3129 Affidavit, he received actual Notice of the May 10, 2006, Sheriff's Sale when service of Notice of the sale was attempted upon Douglas T. McBride at a registered mailing address and Terrance L. McBride was at the location and advised of the sale. 13. Although Notice of Sheriff s Sale was not personally served upon Terrance L. McBride, it is believed and therefore averred, that Terrance L. McBride was aware of Plaintiff s foreclosure action on the Property. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff s Petition to Confirm the May 10, 2006 Sheriff's Sale of the Property located at 119 South 4th Street, City of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania and divest the interest of Terrance L. McBride, Nunc Pro Tunc. Respectfully AN & SCMVVEG, LLP Date: May 14, 2007 By: Daniel G. Sc Atty. I.D. No. 6 "05 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Attorney For Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m Court of Common Pleas To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America Civil Division 11200 West Parkland Avenue : Milwaukee, WI 53224 Cumberland County Plaintiff V. No.: 04-5172 Civil Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant MEMORANDUM OF LAW 1. FACTUAL BACKGROUND On October 19, 2000, Terrence L. McBride made, executed and delivered a mortgage upon the Property known as 119 South 4th Street, Lemoyne, County of Cumberland, Commonwealth of Pennsylvania (the "Property"), to Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America (the "Plaintiff'), which mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book 1646, Page 590 on October 20, 2000. On August 20, 2004, Terrence L. McBride conveyed title to the Property to Douglas T. McBride by Deed recorded on August 24, 2004 in the Cumberland County Recorder of Deeds Book 264, Page 4158 (the "August 24, 2004 Deed"). The mortgage remained a lien on the Property. As a result of the subsequent default on the Mortgage, Plaintiff initiated the instant Mortgage foreclosure action on October 14, 2004. Pursuant to August 24, 2004 Deed, as this is an in rem action, Plaintiff named in its Complaint only Douglas T. McBride and released Terrence L. McBride because he was not the real owner of the Property at the time of filing. Pa.R.C.P. 1144. Douglas T. McBride failed to respond to the Complaint and Default Judgment was entered on May 24, 2005. Pursuant to a Writ of Execution, the Property was listed for Sheriff s Sale on May 10, 2006 and Notice of Sheriff s Sale of Real Estate was sent to all lien holders appearing of record. Notice of Sale was served upon Douglas T. McBride on January 06, 2006. Plaintiff was the sole and successful bidder on the Property at the May 10, 2006 Sheriff's Sale and purchased the Property for the costs of the sale. Pursuant to a post-sale title search, Plaintiff learned that, subsequent to Plaintiffs Complaint filing but prior to the May 10, 2006 Sheriff s Sale, the title to the Property was conveyed back to Terrence L. McBride by Deed recorded February 28, 2005 in Book 267, Page 3586 (the "February 28, 2005 Deed"). Although Plaintiff was not required to join Terrence L. McBride as a defendant to the action, Resolution Trust Corp. v. Warwick Nurseries, 450 Pa. Super. 200, 203 (1996), Plaintiff, had it been aware of the February 28, 2005 Deed, would have listed Terrence L. McBride in its 3129 Affidavit as a record owner of the Property. Despite Terrence L. McBride not being included in Plaintiff s 3129 Affidavit, he received actual Notice of the May 10, 2006, Sheriffs Sale when service of Notice of the sale was attempted upon Douglas T. McBride at a registered mailing address and Terrance L. McBride was at the location and advised of the sale. Although Notice of Sheriff s Sale was not personally served upon Terrance L. McBride, it is believed and therefore averred, that Terrance L. McBride was aware of Plaintiff's foreclosure action on the Property. II. LEGAL AUTHORITY Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National RecoveKy Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person (1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any Property interest of the defendant subject to execution; ... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for Property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) Property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). Here, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. Moreover, the Property subject to execution belonged to the Defendant at the time the Complaint was filed and subsequently became vested in Terrence L. McBride. Therefore, the creditor is entitled to invoke Rule 3118 for this Petition for Supplementary Relief in Aid of Execution and this Court has jurisdiction over this matter. The Superior Court has held that Trial Courts have plenary power to administer equity in accordance with well-settled principles of equity jurisprudence in cases under their jurisdiction. Turner v. Hosteller, 359 Pa.Super.167, 518 A.2d 833 (1986). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). Pa.R.C.P. 1144 provides as follows: (a) The plaintiff shall name as defendants 1. the mortgagor; 2. the personal representative, heir or devisee of a deceased mortgagor, if known; and 3. the real owner of the Property, or if the real owner is unknown, the grantee in the last recorded deed. (b) Unless named as real owner, neither the mortgagor nor the personal representative, heir or devisee of the mortgagor, need be joined as defendant if the plaintiff sets forth in the complaint that the plaintiff releases such person from liability for the debt secured by the mortgage. Here, Plaintiff named the last known record owner at the time, Douglas T. McBride, in its Complaint in accordance with Pa. R.C.P. 1144 and released Terrence L. McBride. Unknown to Plaintiff, however, Douglas T. McBride conveyed title to the Property back to Terrence L. McBride after the Complaint was filed. Although Plaintiff was not required to join Terrence L. McBride as a defendant to the action, Resolution Trust Corp. v. Warwick Nurseries, 450 Pa. Super. 200, 203 (1996), Plaintiff, had it been aware of the February 28, 2005 Deed, would have listed Terrence L. McBride in its 3129 Affidavit as a record owner of the Property. Plaintiff, however, did not become aware of Terrence L. McBride's interest until after the Sheriff's Sale of the Property. In any event, Terrence L. McBride received actual notice of the Sheriffs Sale when service of Notice of the sale was attempted upon Douglas T. McBride at a registered mailing address and Terrance L. McBride was at the location and advised of the sale. Because Terrence L. McBride had need to rehold the sale as a resale would simply result in the same sale of the Property to Plaintiff. This case is certainly a case where the Court should follow the Turner and Gunnett Courts' example and lean to a liberal exercise of the equity power conferred upon it and avoid judicial inefficiency and added costs and delays. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiffs Petition to Confirm the May 10, 2006 Sheriff s Sale of the Property located at 119 South 4th Street, City of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania and divest the interest of Terrance L. McBride, Nunc Pro Tunc. Respectfully,st?mitted, LLP By: Daniel G. Schmie I.D. 62205 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff actual notice of the sale and Plaintiff was the sole and successful bidder on the Property, there is no Exhibit A Record sad RWm To: "m weetam" amp. 09 Am riaa neemlest Operatic" p0BE"ti P. ZIEGLER R-UOTtDc:- or. DEEDS (;uMBERLAND COUNTY-PA 00 OCT 20 Pty 2 13 75 !!eras raiswy Dews `,%V, Vermas stile, sL OOOi1 POW Nttatbe m.. pc.e. ?tsw tret? rr w tt«ad? aw A b of P00001 WAI` MORTGAGE k: 1114317411 laumi. It Corwi a LstdW I: 110019309 mothel Dark, DR 11101 'tl'I13 MORTGAGE (-Swodty bmimmant-) is Shm cd October 19, 2000 The bleaW or is =screws & Kd*Lde mm mLed as Zadividual (110frpW1. "Ibis 3Wariry IoAtOmMat is gkm so PJL% Wa rtlape Corp. of lseriaa, an Ohio CoOjeratiea wbkb is smalud rod eatift amltlr the bm of olio , sad wboea sddaan k 7a sona 1sis+rsp naive, vasam =ills, sL i00gi ('Dander'). Bon"w Ouse inch[ do pdadpsd samof alsktr sake nolmaad Two tsumarel misty setts all 00/100-------•-------- - - ••-------------•------•----•--- Ddha(U.S.$82,364.as ------ ). 'this debt Is Old emed by DoMwar's acre dyed On mums den a this smmm q Imtttamrmt wM& provides Por smao bllr psv?jsmn. with tin IWI debt, If sot pdd OdW. doe ad pry" au seevcabs 1. 3010 . Thk 8ecotlq? Ina1 Ua1 m "am to Ltddr. (a) the alpsymm Of tbs debt a leeeoed by do Noe, W% % WON. emd dl tmw*. stt*Wone sad modMosdoae of do NoW (b) dw pion" of eU edW smb, with ieeeeaat? edveooed VWW I i 1 17 to prom do ssmdty of this 3ederlty aa:rheMe 1w MTML Me.. POOMY 6U tttrnt aooa ?1M I M I K 90UK-j646foGE WO LEGAL.DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Ernest J. Walker, as follows, to wit: BEGINNING at a point formed by the Wtersection of the northerly side of Apple Alley (16 feet wide) and the westerly side of South Fourth Street (20 feet wide); thence extending from said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.00 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 fat to a point; thence extending along Nos. 404 and 402 Bosler Avenue, North 59 degrees 30 minutes East, 40.00 fat to point on the westerly side of South Fourth Street; thence extending along said Street, South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of BEGINNING. SEING the southerly portion of Lot No. 99, Section "C" on Plan of # 1 of Riverton, said Plan being recorded in Deed book 4, volume 7, Page 40, Cumberland County Records. BEING known and numbered as 119 South Fourth Street, Lemoyne, Pennsylvania. State of Pennsylvania l County of Cumberland) Rec0 the office for the recording ec mberland Count in _ 1. ".. P ?^ vritne my he I Of Off W Cam i , PA I ' day o -R&M?ape OF sooK 1646 PAM 599 Insbum m; and (c) the performance of Borrower's eoventmts and agreements ender this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage. grim and convey to the Leader the following described property locoed in Cumberland County. Permsylvaaia: see Attached which has the address of 119 South 4th Street, Lemoya* [Sass. city], Palllsylvahia 17043 [Zip Code] ('Property Address'); TOGffMR WITH all the improvements now or hereafter erected on the property, and all easements, appnrtmancea and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by IN Security wtrument. All of the foregoing is referred to in this Security Instrument sa the .,.. BORROWER COVENANTS that Borrower is lawfully seined of the estate hereby conveyed and has the rigbt to mortgage, pant and coavey the Property end that the Property is usenciumbered, except for eawmI P P, of 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 INSTRUMENT combines uniform covenants for natioaai use and non-unif m covenants with limited variations by jutisdichom to constitute a uniform security instrument coveting real Property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. "ad of rdadpd, Interest W Late Charge. Borrower snail pay what due the principal of, and Interest on, the dolt evidenced by the Note and We charges due under the Now. 2. MG*" PaysaeK of Tues. Itssarmce and Odw MrSea. Borrower shall include in each m6uhly payment. too .. 1 1 taxes and special assessments ith the incited or and to a levied a set fotth in the Note and any late charges, a nom for (a) Who the Property, (b) lenchoid payments or grand MW 00 the I sun pProperty. ad Housing 4. In any year in which the a mortg?premiums for Worawe hworance Premium to required order paragraph ('Secretary'), or in any year in which such would havSecretary e bow required of Rasi and Urban Development Security Insuldtrent, each moathl ?? ? Leader still had the Secuurity Y payment shall also include either: (i) a am for the Maud mort&W insurance Premium to be paid by Lender to do Secretary, or (ii) a monthly charge instead of a mortgage insurance remiam if this Security lasnument is held by the Secretary, in a reasonable amount to be determined by the pSecraaty. Except for the monthly charge by the Secretary, these item in called 'Escrow Items" and Me sums paid to Lender are called 'Escrow Funds.' -" BY ?41tIPA) roooei r.y.l of 9 ewlMrAw 491 Lender may, ac any time, collect and bold amounts for Escrow Items In an aggregate amount not to exceed the maaimuum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 er req. and implementlng regulations, 24 CFR Put 3300. as d y may be amended from time to time ("RESPA"), except do the cuabion or reserve permitted by RESPA for unanticipated disbumemews or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the floontgage insurance premium. If the amounts held by hander for Escrow lion exceed the amnomoct permitted to be held by RESPA, Lender shall account to Borrower for the excess Muds n required by VMPA. If the amounts of hinds bead by Linder at any time we not auftiidw to pry the P•acrow Itema when due, Lauder may notify the Borrower and req>Sre Borrower to take up to shortage as permitted by RESPA. The F.acrow Puads are pledged as additional security for all surf; secured by this Security Instrument. If Borrower tenders to Lmdar the full payment of all each sums, Borrower's account shall be credited with the balance nmdning for all iostallum iteaa (a), (b), and (c) sad any mortgage insurance preeoiath installment, that I cadet has not become oftsed to pay to the Secretary, and Lender shall promptly refund any excess finds to Borrower. Immediately prior to a foreclosure ask of the Property or its acquisition by Lender, Borrower's account shall be credited with say balance retaining for all imstallinetrta for items (a); (b), and (c). 3. Application of ftmehts. All payments under paragnpbs 1 and 2 shall be applied by Lender se follows: Forst,,, to the mortgage insurance premium to be paid by Leader to the Secretary or to the monthly charge by the SaMmy instead of the monthly mortgage insurance premium; Second. to any taxes, special assessments. Wambold payments or ground heats, and fire, flood and other hazard insursece premiums, as required; ird, to interest due under the Note. F?h• to anon *atiaan of the principal of the Now, and Eft, to Isle charges doe under the Note. 4. It*, Flood sad Other Nowd Inarramx. Borrower shalt insure all improvements on the Property, whether now to existence or subsequently eroded, against any hazards, casualties, and contingencies. including }ire, for welch Lender requires insurance. M insurance shall be maintained in the amounts and for the periods that Loader requires. Borrower shall also insure all improvements on the Property, wbedw now in existence or subsequently erected, against loan by floods to the extent required by the Secretary. All laanrsax shall be carried with eompaaia approved by Leada. Tw huonnce polities and any renewals shall be bold by Lender and shall include loss payable causes In boor of, and It a form acceptable to, Larder. In the event of loss, Borrower shall give I ader immediate- notice by mail. Linder may make proof of ton if not made promptly by Borrower. Each insuraaa company concerned is hereby authorized sad directed to 111131m payment for such ton directly to Leader, instead of to Borrower and to Leader *Wy. All or any Put of the insurance proceeds mq be applied by Lender, at its optloa, either (a) to the reduction of the indebtedness under the Now sad this Security Instrument. tlsse to any delinquent smout a applied in the order is paragraph 3. sad theft to prgaaymont of principal, or (b) to the restorstioo or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the Monthly payments which are referred to In paragraph 2, or change the amount of uwch payments. Any excen insurance proceeds over on amount required to pay W outsundit Indebtedness uada ft Now and this Security InsWment shall be paid to the entity legally entitled thereto. PattlPAt ?ooo.i Pop $ of . ww..,-nZ imeR1646PW* .592 In the eveud of foreclosure of this Seca ft Instntmaat or other UWAfea of title to due Property that extinguishes the indebtedness, all right, title and Interest of Borrower In and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Phservation, Mme"" and Ptotecdon of the Plopettyi Borrower's Loam Applkytiosy I.weholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days altar the execution of this Security Instrument (or within sixty days of a later We or tratufer of the Property) and shall oontinne to occupy the property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirettueat will cause undue hardship for Borrower, or unless extenuating ciramattances exist whicb are beyond Borrower's control. Borrower shall notify Lender of star extenuating ciramestonces. Borrower shall net ceMMjt waste or destroy. damage or substantially change the property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender eery Inspect the Property If the Property is vacant or abandoned or the' loan is In default. Lander tray tape namable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application prwass, gave materially false or inaccurate information or atatepests to Lauder (or failed to provide Leader with any material infornnatioa) in connection with the loan evidenced by the Now. Including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal reddenee. If this Security Instrument is on a leasehold. Borrower shall comply with the provisions of the lease. If Borrower aaiuhu fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Cofthwandorr. The proceeds of any award or claim for damages, direct or coasequeutW, in ootmeaion with any coudeeonation or other taking of any part of the Property, or for couuveyance in place of coadeaunation, are beseby assigned and shall be paid to Leader to the extent of the cal amour of the is dit ttess that renaios uspadd wader the Note sad this Security ImtruMc ot. I.eadar shall apply such proceeds to due reducdou of the indebtedness wider tha Note and this Security lnstroment, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any spplieation of the proceeds to the principal shall act extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change me sa mm of suet payments. Any excess proooeds over an arnotmt required to pay all oubmading indebtedpaa under the Note and this Security Instn went "I be paid to the eadty legally entitled throw. 7. Charges to Aasrbwrr and Pboteetist of Lpaws Riots it site ftopety. Borrower shall pay all goverismatttd or municipal dmq m, fines and ltnposidons that are not included in paragraph 2. Borrower shall Pay these obligations os time directly to the entity which is owed the paymdut. If failure to pay would advendy a[feet Leader's interest is the Property. upon. Leader's icquest Borrower shall promptly furW* to reader receipts evidstjcing these payments. If Borrdwar fails to mate these payments or the payments requited by paragraph 2, or !aura to perform say other Mveoaats and agreements contained In this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights In the Property (much as a proceeding in banhQUptcy, for oondem»nion or to enforce laws or Teplaioas), diva Leader may do and pay whateru is necessary to protect the value of the Property and Lender's rights in the property, including payment of taxes, hazard insurance and other items Madoned in paragrah 2. Any adnonats disbursed by Leader wader this paragraph shall becbm an additional debt of Borrower and be secured by this Security Imtrumew. These amounts soap bear interest from the date of disbursemeat, at the Note rate, and at the option of Lauder, shall be immediately due and payable. -MIPAf moon ?w I a. ra,saa 'room 1646 PAcE 55,3 Borrower shall promptly discharge my lien whim bas priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation second by the lien In a manner acceptable to Lender, (b) contests, in good faith the lien by. or defends against enforcement of the liar in, legal proceedings which In the Lender's opinion operate to prevent the entorco went of the lien; or (c) secures from the holder of the liar an agroemeot satisfactory to Leader subordinating the lien to this Security Instrument. U Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, I.ahder may give Borrower a notice identifying the lien. Borrower shall sat* the lien or take one or tttore of the actions set forth above within 10 days of the giving of notice. S. Fens. Lender may coiled fees and charges authorised by the Secretary. 4. Grounds for Aooda idost of-Debt. (a) Ddm t. Lender may, except as limited by regulations issued by the Secretary. in the case of payment defauilts, mgdm immediate paymcut in hill of all scum secured by this Security instrument if: (i) Borrower defaults by !king to pay in fall any monthly payment required by this Security Inmumeot prior to or on the due date of the neat monthly payment, or (ii) Borrower defaults by.faiting, for a period of thirty days. to perform any other obligations contained in this Security haulament. (b) Bak Without Crest Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garr-St. Germain Depository Imtitndom Act of 1982, 12 U.S.C. 1701j-3(d)) and with die prior approval of the Secretary, require immediate paymm in full of all gams secured by this Security Instrument it. (1) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transerred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or bar principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (e) No Waher. N circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Leader does not waive its rights with respect to subsequent events. (d) Regulations of MM Secretary. In many circumstances regulations issued by the Secretary will limit 1 's rights, in the cue of payment defaults, to require immediate payment in full and foreclose if trot paid. This Security. Instrument don not authorize acceleration or foreclosure if not perm by regulations of the _3ecretary. (e) Mortgage Not Iasured: Borrower agrees that if this Security Instrument and the Note am not determined to be eligible for insurance under the National Housing Act within 60 days from the date bereof. L,endx may. at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, decdining to insure this Security lsowument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be Qrardsed by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. ~IPA) 400 r.s. s of s uwr M mKiMpAcE .594 10. Rdnetatesusnt. Borrower has a right to be reinstated if Lender has required immediate payment in lull because of Borrower's fdbure to pay an amount due under the Note or this Security Instrument. This right applies even after fotedotme proceedings are instituted. To reinstate the Security Instrument. Borrower shall reader in a dump arm all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys, fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower. this Security Instrument and the obligations that it secures shall remain in effect n if Lender had not required immediate payment In full. However, Lender is not requited to permit rdopatemeat if (i) Lender has accepted ?t after the commencement of forecloaue proceedings within two years immediately preceding the commmoemem of a current fotedaure proceeding, (11) reinstatement will preclude foreclosure on ditfmat grounds in the future, or (iii) reinstatement will adversely affect the priority of the liar created by this security h ate msent. 11. Borrower Not Released; florbearana fa{y Lender Not a Waiter. Extension of the time of payment or modification of amortization of the aunt secured by this Security Instrument treated by Ludes to any successor in interest of Borrower " not operate to release the liability of the original Borrower or Borrower's successor m interest. Lender shall not be requited to commeace proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortisation of the sums secured by this Security Instrument by tenon of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Letnder in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Astigm Bomrd; Joint sad Several I. dA ty; Co-Sdgners. The covenants and agreermnta of this Setmrity Instrument shall bind and benefit the K =MM and assigns of LaWW and borrower. subject to the provisions of paragraph 90). Borrower's covenants ad agreements shall be joint said several. Any Borrower who co-signs this Security lmtmment but does not execute the Note: (a) Is co-signing this Security Instrument only to mart", grant and convey that Borrower's Interest in the property tender the Wine of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Searity Instrument; and (c) agrees that Curler and any other Borrower may agree to extend, modify, forbear or malce any accommodations with regard to the terms of this Security Instrhment or the Note without that Borrower's, content. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first elas ; nail tilers applicable law requires use of another method. The notice shall be directed to the Property Address so other address Borrower designates by notion to Lender. Any nutlet to Lender shall be- Shia by first el a mall to Leader's address stated hereia or any address-Lender designates by botice to Boreowgr. Any notice' ' for in this Security Inaattdoau shad be deemed to have been given to Borrower or Lender when given provided in this paragrapb. 14. Governia; Law; Seterablilty. This Security Instrument shall be governed by Federal law sad the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Seauity ImtcnEneot or the Note conflicts with applicable law, such confiicx shall not affect other providoes of this Security Instrument or the Note which can be given effect without the conflicting providon. To this end the provisions of this Security Ifimimeat and the Note are declared to be severable. 13. Borrower's Copy. Borrower shall be given one confortoed copy of the Note and of this Security Instrument. 4.4R(PA) mm) rw. • a s by f fY ill owiMPA'M L95 16. Naardom Snsbrtancas. Borrower dull not cause or permit the presence, use. disposal, storage, or relate of say Harstdom Substmees on or in the Property. Borrower shall not do, nor allow anyone dw to do, anything affecting the Property that is in violation of any Eavirournental Law. The preceding two sentences ahail not apply to the preaerrce, use, or storage on the Property of small goaatitia of Hazardous Substances that are generally recognised to be appropriste to normal residential uses mad to maintenance of the property. Borrower shall promptly give Leader written notice of any inveatigation, maim, demand, lawsuit or other action by any govemm ntal or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by spy gave al or segalatoty musorhy, that arty removal or other remediation of any Ha wdons Substanoa affecting tha Property in moeerary, Borrower shall promptly take all necessary emedial actin in accordance with Bmvirooteettud law. As used In this paragraph 16. 'Hazardow Substances' are those substances defined as toxic or hazardous substances by Faviroameanl Law and the following substances: gasoline. 100100000, other flammable or toxic pen oleam products, toxic pesticida and herbicides, volatile solvents, materials containing asbestos or r- M ddehyde, and radioactive msterials. As used in this paragraph 16. 'Enviroztmeatal Law' means federal laws and laws of the jurisdiction when the Property is located that relate to health. safety or eavironmental Protection, NON UNIFORM COVENANTS. Borrower and Leader fhrtha covenant and agree as follows: 17. Asdgnlaest of leab. Borrower unconditionally assigns and transfers to L.errder all the rents and revamaa of the Property. Borrower authorizes Isader or Canada's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the mats to Lender or Larder's agents. However, prior to leader's notice to Borrower of Borrower's breach of my covenant or agreement in the Security Instrument, harrower shall collect nerd receive all roots and revenues of the Property as testa for the benefit of Deader ad Borrower. This assignment of anus constimrtes an absolute assignment and not m assignment for additional security only. If Leader gives notice of bract to Borrower: (a) all rents received by Borrower shall be held by Borrower as manse for benefit of Linda only, to be applied to the sums secured by the Security Immumeat; (b) Lender shall be entitled to collar and receive all of the tarts of the Property; and (e) each tenant of the Property shall pay all rents due and unpaid to t?meder or Leada's agent on Leader's written demand to the tenant. Borrower bas not executed any prior assignment of the rents and ban not and will not perform qtly act that world proven Leader from exercising its rights under this paragraph 17. Leader dall not be required to enter upon, take control of or maintain the Property before or after giving notice of beach to Borrower. However, Leader or a judicially appointed receiver may do to at nay time them is a breach. Any application of rents shall am sue or waive any default or invalidate any other right or remedy of Leader. 't'hin assignment of rents of the Property shall tamimte when the debt secured by the security ttlstrlument is paid in fall. is. liloreeloame Procedure, If Lender requiems isamediate paymebt to fall under paragraph 9, Leader may foreclose this Seca* bambu sent by Judicial proceedtng. Lender doll be entitled to collect all crpsarsm hcurred bs P- i the remedies provided in this paragraph 18, facluding, but trot limited to, attorneys' fsea and cats of title ed&mee. -P4ntPAl coop ftp 7 d o TM 8oi>«iWrAm .ass If the Larder's letwest in this 9ecwky iadnonet t is held by the Secretary and the 3emdarl requires hasnedide payment In full wider Paragraph 9, the Secretary may ismite de aoa jndidal Power of sale provided In the Stage fta* MwWp Pbredaaare Act of 1994 ("Act") (12 U.S.C. 3751 a s q.) by requesting a fwa down commioia w deslpated ,mart the Act to eomnarce foreeiowre and to am the Property as prodded Is the Act. Naddag to the psecedlag aeateace shall deprive the SemvWy of say rW& otherwhe avatlabk to a Lender ender this Paragraph is or applkable law. it. IRdesae. Upon payment of an sues seared by this Security Imttumeot. this Security Itstwment ad the cam conveyed ahali tabinate and become void. After such occurrence. Leader shall discharge and satisfy this Security Instrument without dw p to Borrower. Borrower hall pay any recordation coal. 20. Waivers. Borrower, to the mum permitted by applicable law, waives. and tdeases any error or defects m pmoeeftp to edom *b Security lnarutaW, and hereby waives the benefit of day present or future laws providing for stay of exaction, extendoo of time, exemption front sttachmem, levy and age, and homestead exemption. 21. lltetaetatmeat period. Borrower's time to rye provided In paragraph 10 shalt extend to one hour prior to the commencement of bidding at a sbaift t sale or other sale pursuant to this Security Instcuoseat. 22. Pbrehase Money Mortgage. If any of the debt secured by this Security Iaarteaaeat is lent to lion war to acquire title to the Propetty, this Security lndatnment shall be a purchase motley Sort age. 23. hdatst *ate After Jw%ftest. borrower agrees that the interest rate payable after a judgment is entered on the Note 6r ih of smolt llf mortgage foreclosure shall be the rue payable !unite time to time under the Note. 24. Alden to this Security Isdrnanart. If oas or more eiders are executed by Borrower abd recorded toga wr with this Security Imautaw, the eoveasou of each such rider shall be Woetporwed Into and shall amend and supplement the covesants and agree) MU of this Security lnsaumea as if the rider(s) were a pert Of this security Instrubmt. [Check applicable box(es)). Candoodniu m Rider amwing Equity ]cider ? Other [dpedW Plamwd Unit Development Rider RGraftwed Payment Rider -M(PA) woos r.o. o oe M soodM PAM S97 BY SIGNING BELOW, Borrower accepts and IS" to the in dds ad In any rider(s) acotstted by Borrower gad recorded with Wi Seca: (Sew) Terrence ids -Borrower (Sew) Borrower (seal) (Sed) -Borrower -Borrower (seen (Seal) BOrrOwer -Borrower (Seal) (Sad) -Borrower -BOMW@F C MllcsW of *eddeaoe 1, Kichael J. Ranh, ssq. , do herby cat* that the correct address of the within-named Leader is 73 North Faisbsy Drive Vernon trills, XL 60061 Witness my head this day of 0'"4Xk ,t??+ ltiahasl J. Haat:t, sq. Ark of Leader COMMONWIALT'H 101r PENNSYLV Canty ss: On this. 9 dq of ,pA • aood , before me a ofRar, PSI y OPPOwed ??L ?-- ? knouts to me (or udshcrorily proven) tp be the person whose acme -cO subscribed to the whWtr iwrrrmeDt abd sckaowiedded that `lv- - exemted the same for the purposes hereia costaiaed. IN WITNESS WHEMP, I heramtb set my hand and offleW seat. My Oosrmissioa Expires: k-PIR(PAtemm Exhibit B RM-ERT. P. ZIEGLEP, liECOROER OF DEEDS t;UMRERLAND C0L";'; f - '' RUG 24 f1m 8 91 This Indenture, made the 2A'` day of aa3u4;, BETWEEN Terrence L. McBrldfh single "M mc, Douglas T. McBride, single man Pared ID: 12-21-0265-245 12004 Witnesseth, that the said Cantors for and in consideration of the sm of One And O ud by dollars (5100) lawful money of the United Status of America, unto well and Mily Pc the said Grantees, at or before the sealing and delivery hem0f, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these pments do grant, bargain and sell, release and confitm unto the said Grantees, as teaants by eadrely ALL THAT CERTAIN tract of land with the inWoveamenu thereon. erected sitaate in the Borough of Lemoyne, Cumberland County, Peansylvania, more particularly bounded and described according to a survey dated Merck 62 1973 by Ernest r. Walker, as follows: BEGINNING at a point formed by the WwrscWon of the northerly side of Apple May (16 feet wide) and the westerly side of South Fourth Street (20 feet wide): THENCE extending from said bc&ming point along the northerly side of Apple Alley, South 59 degmes 30 minutes West, 40.0 feet to a point; THENCE, extruding North 30 degrees 30 minutes West, 54.35 feet to a point; THIENCH extending along Nos. 404 and 402 Basler Avenue, North 59 degrees 30 minutes East, 40.0 feet to a point on the westerly side of South Fourth Street; THENCE extending along said Street, South 30 degrees 30 minutes East, 54.35 feet to the aforementioued point and place of BEGINNING BEING the soug=ly portion of Lot No. 99, Section "C' on Plan #1 of Riverton, said Plan being recorded in Deed Book 4, Volume 7, page 40, Cumbefland County records. BMNG known and numbered as 119 S. Fourth Street, Lemoyne, PeOnsylvani& e*x 2 6 4 PAGE4158 Oct-04-2004 11:32am From-PREMIER ABSTRACT +243 3390 T-504 P-003/005 F-839 WHICbI Bhupi?' S. Sabi and prlti Sabi, his ? ?rx of BEING TIDE SA1ViE PRLMYSES ? 24, 2040 is Book 231,1? 1 ?,dated October 19, 2000 aad > p?.sylvania, g mted ad coav? un'O the Recorder of Deeds -and for C=baland County. Tersenoe L. McBride, single man. a sewer line easeanent wbich ar, the north= p of all& UNDER AND SECT t° Street in common with owners of 402 and said property in an easterly direction to South Fourth 99, bland County 404 Eosler Avenue and as recorded in M • Reoord Book 96' P records. ER AND SUBJEC•r to conditiops, '=cuts and restrictions of record. UND TOS IS A CONVEYANCE FROM FATHER TO SON AND IS THEREFORE E k"Rom PENNSYLVANIA REAL. ESTATE TRANSFER TAX. • vets, ways, streets, alleys, Tcgetiaer With all and singular the bwld? ? u`` ' es. Pt'i???eSes, heredityeats and driveways, passages, '°O' n belongin& or in anywise vatus, apps ? what unto the hereby gat?ted P °S fits tbereot and all the and the MM AGM and remsinders. rents, Lssues, and pro appertain' claim and demafldwber of them, the said giran#ors, as estate, right, title, interest, P peY. well as at law as in equity, 4 in and to the same. or cce da=ibed above, with the bindings and To -Have and to hold the said Ih o p .4 pl-m hey Want4 or mined and tgumft iimprovenlents thereon erected. t heirs and assi to end intended so to be, with the appurteo pm unto the said Gauatoes? for the only proper use and behoof of the said Grramtces, their hears and assigns, fdrevcr. thcatselves and their heirs, executors and administratc9s, do, by these And the said Grantors, for said Gr"ccsp their heirs and assigns, that pre=% coves, gent and agree, to and ? e ar tbc hm c di is and premises herein -4 W ad they, the said Grantork and their h intended so to be, with the uato the said described and gated, or one 6? the said Grantors, awd their heirs, will wasant or under the Grantees, theirhean and gas, ?laiming bY? throuSh said and defend against the lawful claims of all P?? Grantors but not otherwise. Sod N4 i'wWS Exhibit C FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No., 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. &k4-- 5-1 -7 )?, C?? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service , Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1701 3 . (800)990-9108 - ! .. .. .. .. TV HA OPY FROM RECO arc RD TES y ?(rll?/? 'Z, F•:74•SJ! M 5L? CcF9?j f j 47My.: ?/L{7 well File #1: 100493 wrM? - FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/KIA PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 100493 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File ##: 100493 3. Plaintiff is WASHINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, Wl 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/19/2000 DOUGLAS T. & TERRENCE L. MCBRIDE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1646, Page: 590. 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 05/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 100493 6. The following amounts are due on the mortgage: Principal Balance $86,425.54 Interest 3,945.48 04/01/2004 through 10/ 13/2004 (Per Diem $20.13) Attorney's Fees 1,250.00 Cumulative Late Charges 481.73 10/19/2000 to 10/13/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 92,652.75 Escrow Credit 0.00 Deficit 3,620.09 Subtotal $ 3,620.09 TOTAL $ 96,272.84 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 10. Plaintiff hereby releases TERRENCE L. MCBRIDE from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 96,272.84, together with interest from 10/13/2004 at the rate of $20.13 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. FEDERM ND PHELAN L By: /s/F ancis . all a FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100493 ALLTHAT CERTAIN tract of land with the improvements thereon aected situate in the Borough of Lemoyne, Cumberland county, pamMivania, more particularly bounded and descn-bed according to a stuvey dated Mardi (h 1-973 by Forest L walker, as follows: PPFP. BEGGING at a point formed by the intersection of the northerly side of Apple Alley (16 fed wide) and the westerly side of South Fourth Street (20 feet wide): THENCE extending from said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; i TMWCE extending North 30 degrees 30 minutes West, 54.35 feet to a point; THENCE extending along Nos. 404 and 402 Boller Avenue, North 59 degrees 30 minutes Fast, 40.0 feet to a point on the westerly side of South Fourth Street; nMNCE extending along said Street, South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of BEGINNING. BEING the southerly portion of Lot No. 99, Section "C" on Plan #1 of Riverton, said Plan being recorded in Deed Book 4, Volume 7, page 40, Cumberland County records. BRING known and numbered as 119 S_ Fourth Street, Lemoyne, Pennsylvania. BEING THE SAME PMMSES WMCH Bhupinder S. Sabi and Priff Said, bis wife, by deed dated October 19, 2000 and recorded October 20, 2000 is Book 231, page 1023, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto TwMce L. McBridt,, single man. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing 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 unswom falsifications to authorities. rancis S. Hal inan, squire Attorney for Plaintiff DATE: D /3 Exhibit D PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL NANK, FA., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, v. DOUGLAS T. MCBIDE Defendant(s). c: ? c1, a . 7, CUMBERLAND COUNtV._- COURT OF COMMON *LEAS' ? c _ CIVIL DIVISION NO. 04-5172 CIVIL ---- ` L pY PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DOUGLAS T. MCBIDE and, 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 10/14/04 to 4/21/05 TOTAL P E COPY L 6'E" UR $96,272.84 $3,824.70 $100,097.54 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. AT T i V- i ! E- COPY ?qwa (? LE-i.ISE L'i I? DAMAGES ARE HEREBY ASSESSE DATE: DANIEL G. SCHMIE SQUIRE Attorney for Plaintiff D AS INDICATED. _ AT ; , m, ° 3 ,-'? COPY .J i 0. P l L & U P PROTHY Exhibit E SALE DATE: MAY 10, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL NANK, F.A., SB/M TO WASHINGTON MUTUAL No.: 04-5172 CIVIL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA VS. DOUGLAS T. MCBIDE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 119 SOUTH 4TH STREET, LEMOYNE, PA 17043. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. May 9, 2006 WASHINGTON MUTUAL NANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, V. _ DOUGLAS T. MCBIDE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5172 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PLE } N3 WASHINGTON MUTUAL NANK, F.A., SB/M TO WASHINGTON MUTU HOME IAA INC., F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above actin,t? its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the brit of Execution was filed the following information concerning the real property located at ,119 SOUTH 4TH STREET, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name AT; _ s P L reasonably ascertained, please indicate) r..t DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 AT o y 2. Name and address of Defendant(s) in the judgment: PLEA SE RE" U° Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS FIRST FEDERAL 5000 LOUISE DRIVE, P.O. BOX 40 CREDIT UNION MECHANICSBURG, PA 17055 t i i bo 6 ... ..+ .... ?-• ? •-• r , x to A W N .- O ?p 00 v O? In .p W N r? N a ? M A Q A Z C a' p O x w tri -ft 0 O M w,* 1 o > O n 0 0 > rri z o? o d z x z z a tr' ° PTJ z b y n 0% ?r .-. ttrl O o . .y o z m .a r„ L ni ? ? A /v (A y Z C7 0 r a f tr C s 10 A ItTj o fn t j Z ' " O o t- r) o trl H r tri G Go) o En M O z? S 00 c r v O w $ 'vi _ s ? n x G7 ' 'Ty try - -o " `ry 0 O 7d Us y a ago N ^ o to o ° . .. Hf + p o 9 Cry O ' > W " O L o s' ? . _. o O C C t? o g -7g v? n N d a N n O t/1 C ? 00 Go CIy oMR Fi N I& w C -4 CK "cJi? 116 w w 9 C) .2 a° f7 a Cn _ c. p trri a v o lei o z th a =te a a > a d o o' b1 FA N R 9 M 9 oaz ?? a yv Q aW a ? d co ca. ti b r o cr?Z 00 ? Q- ? C ?t Cn W n aa0 o 0 O r o r CD I 1 1 I 1 1 1 t_? n f o'ff' 40- rey?r.. 02 1A $02-100- 0004309825 DEC 06 2005 QOM mil OME 19103 Exhibit F May. 2. 2007 8:32AM 13. THOMAS KLINE Shadff EDWARD L SCHORPP Solicitor ot cumbe OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 FACSWILE TRANSMITTAL FORM TO: M le .- fe ?Q , tl Cc I l vl CA, 111- e FROM: /? '//? r /- DATE:? /0-7 NTJNIBER OF PAGES (INCLUDING COVER SHEET) MESSAGE: Cumberland Co. Sheriff No. 2318 P. 1 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Office Number (717) 240-6390 FAX Number (717) 240-6397 May, 2. 2007 8:32AM Cumberland Co. Sheriff No-2318 P. 2 Washington Mutual Bank, F.A. s/b/m The Court of Common Pleas of To Washington Mutual Home Loans, Inc. Cumberland County, Pennsylvania fWa PNC Mortgage Corp. of America Writ No. 2004-5172 Civil Term VS Douglas T. McBride Robert Bitner, Deputy Sheriff, who being duly sworn according to law, slates that on January 06, 2006 at 2:59 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Douglas T. McBride, by making known unto Elana Fortur, adult niece of the defendant, at 15 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. J. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2006 at 10:55 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in, the above entitled action, upon the property of Douglas T. McBride, located at 119 South 4th Street, Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Douglas T. McBride, by regular mail to his last known address of 15 Thomas Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 10, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., Okla PNC Mortgage Corp. of America. It being the highest bid and best price received for the same, Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp of America of 11200 West Parkland Ave., Milwaukee, WI 53224, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $998.28. Sheriffs Costs: Docketing $30.00 Poundage 19.57 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 May. 2. 2007 8:32AM Cumberland Co. Sheriff No.2318 P. 3 Law Library .50 Prothonotary 1.00 Mileage 22.00 Certified Mail 9.28 Levy 15.00 Surcharge 20.00 Postage .78 Law Journal 365.00 Patriot News 338.60 Share of Bills 21.05 Distribution of Proceeds 25.00 Postpone Sale 20.00 Sheriffs Deed 40.50 $ 998.28 So Answers: R. Thomas Kline, Sheriff BY LA CWarKL-U;',i Real Estat ergeant Exhibit G 07/26/2006 17:52 7172070402 RoDURT F. ZIECLER RECor%DER OF DEEDS %'-.2 x'.1.00 C. 11U?::: Y- GAIL ROHRER PAGE 19/34 Tax Parcel No. 12-21-0265-245 THIS DEED 216 FEB 2a PM 3 5? MADE this day of Feb , ZOOS. BETWEEN DOUGLAS T. MCBRIDE, married man GRANTOR AND TERRENCE L. MCBRIDE, single man GRANTEE VAMNESSM, that In consideration of ONE DOLLAR ($1.00), In hand paid, the rece- pt of which is hereby acknowledged, that said Grantor 0- s hereby grant and convey to the said Grantee, ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoyne,, Cumberland County, Pennsylvania, more particularly bounded end described according to a survey dated March 6, 1973 by Ernest 3. walker, as follows: BEGINNING at a point formed by the intersection of the northerly side of Apple Alley (16 feet wide) and the westerly side of South Fourth Street (20 feet wide); thence extending from ,said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 feet to a point; thence extending along Nos. 404 and 402 Bosler Avenue, North 59 degrees 30 minutes East, 40.0 feet to a point on the westerly side of South Fourth Street; thence extending along said Street, South 30 degrees 34 minutes East, 54.35 feet to the aforementioned point and place of BEGINNING. BEING the southerly portion of Lot No. 99, Section "C" on Plan *1 of Riverton, said Plan being recorded in Deed Book 4, Volume 7, Page 40, Cumberland County records. BEING known and numbered as 119 S. Fourth Street, Lemoyne, Pennsylvania. coo 267 RA&`+3 07/26/2006 17:52 7172670402 GAIL RO RER PAGE 20/34 UNDER AND SUBIECT to a sewer line easement which extends across the northern portion of said property in an easterly direction to South Fourth Street in common with owners of 402 and 404 Bosier Avenue and as recorded in Misc. Record Book 96, Page 99, Cumberland County records. UNDER AND SUB3ECT to conditions, easements and restrictions of record. BEING the same premises whlch TERRENCE L. MCBRIDE, single man, by Deed dated August 20, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania In Book 264, Page 4158, conveyed unto DOUGLAS T. MCBRIDE, single man, Grantor herein. THIS IS A TRANSFER FROM SON TO FATHER AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX. TOGETHER with all and singular the buildings, Improvements, ways, woods, waters, warercourses, rights, liberties, privileges, hereftaments Od appurtenances to the same belonging or In anywise appertaining; and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor, both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantor and to the Grantee's proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth he/she does and will forever and specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed. Fdx 267 PAU3587. 07/26/2096 17:52 7172070402 GAIL ROHRER PAGE 21/34 COMMONWEALTH OF PENNSYLVANIA: 1 S.S. COUNTY 0196iwt I r rOn this, the day of _L? 200+1; before me, a Notary Public, the undersigned officer, personalty appeared DOUGLAS T. MCBRIDE and REBECCA ANN MCBRIDE, known to me for satisfactorily proven) to be the persons whose names are subscribed to the within Instrument, and acknowledged that they executed the some for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seat. 341"1.1 A aAe? 0 No ary u !i M lize? this to boree°tdcd I Certify Cou'aW PA . to Cubexlard RCCOVW Of Dee& eum 267 KT.335W VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing Plaintiff's Petition for Supplementary Relief in Aid of Execution to Confirm Sale to Divest Interest, Nunc Pro Tunc, is true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification of authorities. Respectfully HALLINAN-&-SCHMIEG, LLP By: Daniel G. S I.D.62205 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant Attorney For Plaintiff Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a true and correct copy of Petition For Supplementary Relief In Aid Of Execution To Confirm Sale And Divest Interest, Nunc Pro Tunc, was served upon the following by regular mail: Terrence L. McBride 26 Orange Street Mount Holly Springs, PA 17065 Date: May 14, 2007 Douglas T. McBride 15 Thomas Drive Mechanicsburg, PA 17050• Respectfully ubmitted, PHE ,NH N& By: J Daniel G. Schmieg, E Atty. I.D. No. 622 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil Defendant AFFIDAVIT PURSUANT TO LOCAL RULE 208.3(a)(2) AND 208.3(a)(9) Pursuant to Local Rule 208.3(a)(2) and 208.3(a)(9), I, Daniel G. Schmieg, Esquire, as attorney for the captioned Plaintiff, do swear and subscribe that the Honorable M.L. Ebert, Jr., has issued an Order for Alternative Service on February 17, 2006, and an Order Reassessing Damages on April 03, 2006. The action has been uncontested and neither the Defendant, nor Terrance L. McBride, could be contacted despite attempts, nor are they represented by counsel. Y410, MAIW.& Notary Public NioTARAL SEAL "RRER, . ptd* -mom Respect matted, '`?? PH AN HALLIN=SCHMIEG,LLP By: Daniel G. Schmieg, quire I.D. 62205 - One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., : IN THE COURT OF COMMON PLEAS OF S/B/M to WASHINGTON MUTUAL HOMES : CUMBERLAND COUNTY, PENNSYLVANIA LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF V. DOUGLAS T. MCBRIDE DEFENDANT 04-5172 CIVIL ORDER OF COURT AND NOW, this 4th day of June, 2007, upon consideration of the Petition for Supplemental Relief in Aid of Execution to Confirm Sale and Divest Interest, Nunc Pro Tunc, IT IS HEREBY ORDERED that: (1) A rule is issued upon the Defendant and Terrence L. McBride to show cause why the Plaintiff is not entitled to the relief requested; (2) The Defendant and Terrence L. McBride shall file an answer to the petition on or before June 25, 2007. (3) If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. (4) The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J ViNIfl1 A'SNN3d i ? dn o 9S :l Wd ?- Nnr LOOZ AWON(CiHiOdd W, d0 Daniel G. Schmieg, Esquire Attorney for Plaintiff Douglas T. McBride Defendant Terrence L. McBride Sheriff's Department bas By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 _ Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Attorney For Plaintiff Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil Defendant CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copies of the attached Rule to Show Cause dated June 04, 2007 regarding Plaintiffs Petition For Supplementary Relief In Aid Of Execution To Confirm Sale And Divest Interest, Nunc Pro Tunc, was served upon the following: Terrence L. McBride 26 Orange Street Mount Holly Springs, PA 17065 Dated: Douglas T. McBride 15 Thomas Drive Mechanicsburg, PA 17050-3180 Respectfully Office of the Sheriff Real Estate Coordinator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff s WASHINGTON MUTUAL BANK, F.A., : IN THE COURT OF COMMON PLEAS OF S/B/M to WASHINGTON MUTUAL HOMES : CUMBERLAND COUNTY, PENNSYLVANIA LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF V. DOUGLAS T. MCBRIDE DEFENDANT 04-5172 CIVIL ORDER OF COURT AND NOW, this 4th day of June, 2007, upon consideration of the Petition for Supplemental Relief in Aid of Execution to Confirm Sale and Divest Interest, Nunc Pro Tunc, IT IS HEREBY ORDERED that: (1) A rule is issued upon the Defendant and Terrence L. McBride to show cause why the Plaintiff is not entitled to the relief requested; (2) The Defendant and Terrence L. McBride shall file an answer to the petition on or before June 25, 2007. (3) If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. (4) The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J Daniel G. Schmieg, Esquire Attorney for Plaintiff Douglas T. McBride Defendant Terrence L. McBride Sheriff's Department bas t"s •Y n r (;il PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant Attorney For Plaintiff Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil MOTION TO MAKE RULE ABSOLUTE AND NOW COMES Plaintiff, by and through its counsel, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. Plaintiff filed a Petition for Supplemental Relief in Aid of Execution to Confirm Sale and Divest Interest, Nunc Pro Tunc, on or about May 15, 2007. 3. The Honorable M.L. Ebert, Jr. issued an Order of Court dated June 4, 2007 directing the Defendant and Terrance L. McBride to file an answer to the petition on or before June 25, 2007. 4. The Petition and Rule to Show Cause were timely served upon all parties in accordance with applicable Rules of Civil Procedure by Plaintiffs Counsel June 7, 2007. Attached hereto, made a part hereof and marked as Exhibit "A" are true and correct copies of the Courts Rule to Show Cause, Certificate of Service of said Rule to Show Cause, and Plaintiff s Petition for Supplementary Relief. 5. The Defendant and Terrence L. McBride have failed to respond or otherwise plead to the said Petition and, as a result, Plaintiff is entitled to the Relief requested. 6. Pursuant to the Order of Court dated June 4, 2007, Plaintiff may file a Motion to Make Rule Absolute. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order making the Rule to Show Cause absolute. Dated: i IlU f Respectfully submitted, PHELAN HALLINAN j? SCHMIEG, LLP By: seph P. h, Esquire I.D. 91 56 107 . Front Street, Suite 115 arrisburg, PA 17101 Attorney for Plaintiff Exhibit A WASHINGTON MUTUAL BANK, F.A., - S/B/M to WASHINGTON MUTUAL HOMES LOANS, INC., F/K/A PNC MORTGAGE CORPORATION OF AMERICA PLAINTIFF V. DOUGLAS T. MCBRIDE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5172 CIVIL ORDER OF COURT AND NOW, this 4th day of June, 2007, upon consideration of the Petition for Supplemental Relief in Aid of Execution to Confirm Sale and Divest Interest, Nunc Pro Tunc, IT IS HEREBY ORDERED that: (1) A rule is issued upon the Defendant and Terrence L. McBride to show cause why the Plaintiff is not entitled to the relief requested; (2) The Defendant and Terrence L. McBride shall file an answer to the petition on or before June 25, 2007. (3) If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. (4) The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J Daniel G. Schmieg, Esquire Attorney for Plaintiff Douglas T. McBride Defendant Terrence L. McBride Sheriff's Department bas .1 By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 _ Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant Attorney For Plaintiff Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copies of the attached Rule to Show Cause dated June 04, 2007 regarding Plaintiff's Petition For Supplementary Relief In Aid Of Execution To Confirm Sale And Divest Interest, Nunc Pro Tunc, was served upon the following: Terrence L. McBride 26 Orange Street Mount Holly Springs, PA 17065 Dated: ' 0 3 Douglas T. McBride 15 Thomas Drive Mechanicsburg, PA 17050-3180 Respectfully Office of the Sheriff Real Estate Coordinator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff s PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Phone (215) 563-7000 Fax (215) 567-0072 Nicholas DeSumma, Legal Asst. Extension 1235 May 14, 2007 Sent Via Overnight Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey Re: Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America vs. Douglas T. McBride Cumberland County, No. 04-5172 Civil Dear Sir or Madam: Enclosed for filing with the Court and transmittal to the appropriate Civil Signing Judge please find Plaintiffs Petition for Supplementary Relief In Aid Of Execution. To Confirm Sheriffs Sale and Divest Interest, Nunc Pro Tunc, with respect to the above referenced action. Kindly forward a time-stamped copy to me in the enclosed self-addressed stamped envelope. Thank you for your anticipated cooperation. I remain available should you feel you need to discuss this matter in more detail. Very truly yours, k, .4&-__ - Nicholas DeSumma For Daniel G. Schmieg, Esquire Cc: Douglas T. McBride Office of the Sheriff, Real Estate Coordinator Attention: Real Estate Coordinator /Enclosures *Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant RULE Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil AND NOW, this day of , 2007, a Rule is entered upon the Defendant to show cause why the attached Plaintiff's Petition for Supplementary Relief in Aid of Execution to Confirm Sale and Divest Interest, Nunc Pro Tunc, should not be entered. RULE RETURNABLE the day of 2007. By the Court: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., s/b/m Court of Common Pleas To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America Civil Division 11200 West Parkland Avenue Milwaukee, WI 53224 Cumberland County Plaintiff V. No.: 04-5172 Civil Douglas T. McBride 119 South 4th Street : Lemoyne, PA 17043 Defendant ORDER AND NOW, this day of , 2007, upon consideration of Plaintiff's Petition for Supplementary Relief in Aid of Execution to Confirm Sale and Divest Interest, Nunc Pro Tunc, it is hereby ORDERED AND DECREED that: 1. The May 10, 2006 Sheriff's Sale of the Property located at 119 South 4th Street, City of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, is hereby confirmed; and 2. The interest of Terrence L. McBride in said Property is hereby divested and extinguished as though fully named in said complaint and all subsequent pleadings and notified in accordance with Pa.R.C.P., 3129.2 and 1144; and 3. Terrence L. McBride is hereby released from any and all liability for the underlying mortgage. J. PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Attorney For Plaintiff One Penn Center Plaza., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil PETITION FOR SUPPLEMENTARY RELIEF IN AID OF EXECUTION TO CONFIRM SALE AND DIVEST INTEREST, NUNC PRO TUNC Plaintiff, Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America, by and through its attorney Phelan Hallinan & Schmieg, LLP, and Daniel G. Schmieg, Esquire, hereby moves this Honorable Court to confirm the May 10, 2006 Sheriff's Sale of 119 South 4th Street, Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, and to divest the interest of Terrence L. McBride, Nunc Pro Tunc, and in support thereof avers as follows: 1. On October 19, 2000, Terrence L. McBride made, executed and delivered a mortgage upon the Property known as 119 South 4th Street, Lemoyne, County of Cumberland, Commonwealth of Pennsylvania (the "Property"), to Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America (the "Plaintiff'), which mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book 1646, Page 590 on October 20, 2000. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the mortgage. 2. On August 20, 2004, Terrence L. McBride conveyed title to the Property to Douglas T. McBride by Deed recorded on August 24, 2004 in the Cumberland County Recorder of Deeds Book 264, Page 4158 (the "August 24, 2004 Deed"). Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the August 24, 2004 Deed. 3. The mortgage remained a lien on the Property. 4. As a result of the subsequent default on the Mortgage, Plaintiff initiated the instant Mortgage foreclosure action on October 14, 2004. Attached hereto, made a part hereof, and marked as Exhibit "C" is a true and correct copy of Plaintiff's Mortgage foreclosure Complaint. 5. Pursuant to August 24, 2004 Deed, as this is an in rem action, Plaintiff named in its Complaint only Douglas T. McBride and released Terrence L. McBride because he was not the real owner of the Property at the time of filing. Pa.R.C.P. 1144. 6. Douglas T. McBride failed to respond to the Complaint and Default Judgment was entered on May 24, 2005. Attached hereto, made a part hereof, and marked as Exhibit "D" is a true and correct copy of the Default Judgment. 7. Pursuant to a Writ of Execution, the Property was listed for Sheriff's Sale on May 10, 2006 and Notice of Sheriffs Sale of Real Estate was sent to all lien holders appearing of record. Attached hereto, made a part hereof, and marked as Exhibit "E" is a true and correct copy of Plaintiffs Affidavit pursuant to Pa.R.C.P. 3129.1. 8. Notice of Sale was served upon Douglas T. McBride on January 06, 2006. Attached hereto, made a part hereof and marked as Exhibit "F" is true and correct copy of the Affidavit of Service of the Notice of Sale. 9. Plaintiff was the sole and successful bidder on the Property at the May 10, 2006 Sheriff's Sale and purchased the Property for the costs of the sale. 10. Pursuant to a post-sale title search, Plaintiff learned that, subsequent to Plaintiff's Complaint filing but prior to the May 10, 2006 Sheriff's Sale, the title to the Property was conveyed back to Terrence L. McBride by Deed recorded February 28, 2005 in Book 267, Page 3586 (the "February 28, 2005 Deed"). Attached hereto, made a part hereof, and marked as Exhibit "G" is a true and correct copy of the February 28, 2005 Deed. 11. Although Plaintiff was not required to join Terrence L. McBride as a defendant to the action, Resolution Trust Corp. v. Warwick Nurseries, 450 Pa. Super. 200, 203 (1996), Plaintiff, had it been aware of the February 28, 2005 Deed, would have listed Terrence L. McBride in its 3129 Affidavit as a record owner of the Properly. 12. Despite Terrence L. McBride not being included in Plaintiff's 3129 Affidavit, he received actual Notice of the May 10, 2006, Sheriff s Sale when service of Notice of the sale was attempted upon Douglas T. McBride at a registered mailing address and Terrance L. McBride was at the location and advised of the sale. 13. Although Notice of Sheriff's Sale was not personally served upon Terrance L. McBride, it is believed and therefore averred, that Terrance L. McBride was aware of Plaintiff's foreclosure action on the Property. VaMREFORE, Plaintiff requests that this Honorable Court grant Plaintiffs Petition to Confirm the May 10, 2006 Sheriffs Sale of the Property located at 119 South 4th Street, City of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania and divest the interest of Terrance L. McBride, Nunc Pro Tunc. Respectfully submi & SCI NMG. LLP Date: May 14, 2007 By: Daniel G. Sc Atty. I.D. No. 6 "05 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff ? • t PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Attorney For Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m Court of Common Pleas To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America Civil Division 11200 West Parkland Avenue Milwaukee, WI 53224 Cumberland County Plaintiff V. No.: 04-5172 Civil Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant MEMORANDUM OF LAW 1. FACTUAL BACKGROUND On October 19, 2000, Terrence L. McBride made, executed and delivered a mortgage upon the Property known as 119 South 4th Street, Lemoyne, County of Cumberland, Commonwealth of Pennsylvania (the "Property"), to Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America (the "Plaintiff'), which mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book 1646, Page 590 on October 20, 2000. On August 20, 2004, Terrence L. McBride conveyed title to the Property to Douglas T. McBride by Deed recorded on August 24, 2004 in the Cumberland County Recorder of Deeds Book 264, Page 4158 (the "August 24, 2004 Deed'). The mortgage remained a lien on the Property. As a result of the subsequent default on the Mortgage, Plaintiff initiated the instant Mortgage foreclosure action on October 14, 2004. Pursuant to August 24, 2004 Deed, as this is an in rem action, Plaintiff named in its Complaint only Douglas T. McBride and released Terrence L. McBride because he was not the real owner of the Property at the time of filing. Pa.R.C.P. 1144. Douglas T. McBride failed to respond to the Complaint and Default Judgment was entered on May 24, 2005. Pursuant to a Writ of Execution, the Property was listed for Sheriff's Sale on May 10, 2006 and Notice of Sheriff's Sale of Real Estate was sent to all lien holders appearing of record. Notice of Sale was served upon Douglas T. McBride on January 06, 2006. Plaintiff was the sole and successful bidder on the Property at the May 10, 2006 Sheriff's Sale and purchased the Property for the costs of the sale. Pursuant to a post-sale title search, Plaintiff learned that, subsequent to Plaintiff s Complaint filing but prior to the May 10, 2006 Sheriffs Sale, the title to the Property was conveyed back to Terrence L. McBride by Deed recorded February 28, 2005 in Book 267, Page 3586 (the "February 28, 2005 Deed"). Although Plaintiff was not required to join Terrence L. McBride as a defendant to the action, Resolution Trust Corp. v. Warwick Nurseries, 450 Pa. Super. 200, 203 (1996), Plaintiff, had it been aware of the February 28, 2005 Deed, would have listed Terrence L. McBride in its 3129 Affidavit as a record owner of the Property. Despite Terrence L. McBride not being included in Plaintiffs 3129 Affidavit, he received actual Notice of the May 10, 2006, Sheriff's Sale when service of Notice of the sale was attempted upon Douglas T. McBride at a registered mailing address and Terrance L. McBride was at the location and advised of the sale. Although Notice of Sheriff s Sale was not personally served upon Terrance L. McBride, it is believed and therefore averred, that Terrance L. McBride was aware of Plaintiffs foreclosure action on the Property. II. LEGAL AUTHORITY Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any parry or person (1) enjoining the negotiation, transfer, assignment or other disposition of any security, document of title, pawn ticket, instrument, mortgage, or document representing any Property interest of the defendant subject to execution; ... (3) directing the defendant or any other parry or person to take such action as the court may direct to preserve collateral security for Property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) Property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). Here, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. Moreover, the Property subject to execution belonged to the Defendant at the time the Complaint was filed and subsequently became vested in Terrence L. McBride. Therefore, the creditor is entitled to invoke Rule 3118 for this Petition for Supplementary Relief in Aid of Execution and this Court has jurisdiction over this matter. The Superior Court has held that Trial Courts have plenary power to administer equity in accordance with well-settled principles of equity jurisprudence in cases under their jurisdiction. Turner v. Hosteller, 359 Pa.Super.167, 518 A.2d 833 (1986). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). Pa.R.C.P. 1144 provides as follows: (a) The plaintiff shall name as defendants 1. the mortgagor; 2. the personal representative, heir or devisee of a deceased mortgagor, if known; and 3. the real owner of the Property, or if the real owner is unknown, the grantee in the last recorded deed. (b) Unless named as real owner, neither the mortgagor nor the personal representative, heir or devisee of the mortgagor, need be joined as defendant if the plaintiff sets forth in the complaint that the plaintiff releases such person from liability for the debt secured by the mortgage. Here, Plaintiff named the last known record owner at the time, Douglas T. McBride, in its Complaint in accordance with Pa. R.C.P. 1144 and released Terrence L. McBride. Unknown to Plaintiff, however, Douglas T. McBride conveyed title to the Property back to Terrence L. McBride after the Complaint was filed. Although Plaintiff was not required to join Terrence L. McBride as a defendant to the action, Resolution Trust Corp. v. Warwick Nurseries, 450 Pa. Super. 200, 203 (1996), Plaintiff, had it been aware of the February 28, 2005 Deed, would have listed Terrence L. McBride in its 3129 Affidavit as a record owner of the Property. Plaintiff, however, did not become aware of Terrence L. McBride's interest until after the Sheriff's Sale of the Property. In any event, Terrence L. McBride received actual notice of the Sheriffs Sale when service of Notice of the sale was attempted upon Douglas T. McBride at a registered mailing address and Terrance L. McBride was at the location and advised of the sale. Because Terrence L. McBride had actual notice of the sale and Plaintiff was the sole and successful bidder on the Property, there is no need to rehold the sale as a resale would simply result in the same sale of the Property to Plaintiff. This case is certainly a case where the Court should follow the Turner and Gunnett Courts' example and lean to a liberal exercise of the equity power conferred upon it and avoid judicial inefficiency and added costs and delays. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff's Petition to Confirm the May 10, 2006 Sheriff's Sale of the Property located at 119 South 4th Street, City of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania and divest the interest of Terrance L. McBride, Nunc Pro Tunc. itted, ,LLP By: Daniel G. Schmie I.D. 62205 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff Exhibit A r Rvw d and Rewm Tw Dtta Mortgage c p. o! Asiorioa Deeanea?t oporat:iaas t'2- ' tT P. ZIEGLER REC?JRDEM. OF V EDS CUMBERLAND COUNTY-PA f 00 OCT 20 PM 2 13 7S Xorth sairwor Drip T*nwa Rills, 9x. 40061 b Pared Noober:. Ppo AW" T bb rsw fir lawfte Vdg =4 c No. - MORTGAGE " ptP w. 441-4957444 ralovio it Como iradee 490019349 Hthol Dark, Dh 1S102 7W MORTGAGR ('SwAty tmftMgAt-) in OM oa Oatobor 19, 2000 The Mot MW b Torroaao L NOTLda UWarriod as rndividua1 C 7- nb S=ft b h merit is SIM toPX0 xortgaga Onp. of J?aitrioa, an Ohio cosporatioa *bkb b arpWed and eakft taoeer de bws of ahio . a0d abota mUrea is TS trorth V"Xwi?r Drive, vs=wu Rills. sL S0041 ('Laa4etq. Ba aowa ma Linda the prisel?at sum of sightr stiaa T'bouamd 2W »od sixtr roes and 00/100---------------- ; - -s- Dallas (U.S. $89,294.00------). dWdeaoed by BOwtowar s am dared toe store dam = 0& 8egrrW bMtmebt ('Note'). wbich ptoridew fa 000mty POIK % wlth tba hH debt, if sot pdd earlier, do and payable oa movenbor 1, 2020 . This Sew Imbrmaat UM= to Leaddr. (a) dw trQaynaat of the d br VUSNad by dio Nov, with %k da, and dl mwwab, Uftol s and >DOditiadm of 1M NOW (b) the pafpnt of A o6a Snow, *ft iooer+ Wvumd =oft pas*b 7 to p m= de seeapity of dais Schafty tai rm..,t.,.t. lInUop- 4?9i PON^ paAe,hoNC wee .we.. awoausam s4jjjj646?tSE LEGAL.DESC,RIPTION ALL that certain tract of land with the improvements thereon eructed situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey dated March 6, 1973 by Ernest J. Walker, as follows, to wit: BEGINNING at a point formed by the intersection of the northerly side of Apple Alley (16 feet wide) and the westerly side of South Fourth Street (20 feet wide); thence extending from said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.00 feet to a point; thence extending North 30 degrees 30 minutes West, 5435 feet to a point; thence extending along Nos. 404 and 402 Bosler Avenue, North 59 degrees 30 minutes East, 40.00 feet to point on the westerly side of South Fourth Street; thence extending along said Street, South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of BEGINNING. ]BEING the southerly portion of Lot No. 99, Section "C" on Plan of# 1 of Riverton, said Plan being recorded in Deed ]Book 4, volume 7. Page 40, Cumberland County Records. ]BENG known and numbered as 119 South fourth Street, Lemoyne, Pennsylvania. State of Pennsylvania 1 County of Cumberland J Rsco the office for the recording ec mbwland Countl 14 in '_V 1...* Pagl witn• my he 1 of off Car isle, PA t ' daY o R BOOK1646rAm 599 Instrument; and (c) the performance of Borrower's coveom and agreements under this Security lasttument and tie Note. For this purpose, Borrower does hereby mortgage. grant and convey to the Leader the following described property located in Cumberland County. Peansylvanfa: See Attached which has the address of 119 South 4th Street, Lemoyne fsnnm city), Ptnnsylvania 17043 fZipco&l ("Property Address'); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements. appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be ooverod by this Security Instrument. All of the foregoing is referred to in this Security Insummem. as the .may.. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to my encumbrances of record. THIS SECUWY INSTRUMENT combines uniform its for national use and non-uniform coveasas with limited variations by jurisdiction to constitute a uniform security inummeht cwn mg real propay Borrower and Leader covenant and agree as follows: UNIFORM COVENANTS. 1. PaylbeAt or Pdad# ,Intl-at and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidetwed by- the Note and late charges due under the Note. 2. Monthly P%ylaeAt of'rsa a, Irt trance sad Other Charges. Borrower shall Include in each monthly payment. together with tie principal and interest as set forth to the Note and any late charges, a sum for (a) taxes and special arse shwu levied or to be levied against the Property, (b) leasehold payments or ground rents on the property, and (c) premiums for insurance talttlred caber paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ('Secretary'). or in any year in which such premium would have been required if Leader still held the Security Iasdu Ment. each monthly payment shall save include either: (i) a sum for the annual mortgage insurance premium to be paid by Leader to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary. in a reasonable amount to be determined by the Secretary- Eanept for the monthly charge by the Secretary, these items arc called 'Escrow Items' and the sums lfaid to Leader are called 'Escrow Funds.' By ft 44RIPA) wooer Few 2 of • oood646 rm Mi attv°t not to spats tot Eviow m , 24 arid bold try 1o4er ma7?• at anYar dot. co °L thK O*Y b- cv* t-ttP?pA) the Eotro's of mss of ts?4. 12 _ , to time before A, c=tcd *9 S mummo Ptocedn may be ;00&' to mm of ? t by YVt. s°°• as ph for 1°?t ?on`a ? A. ?=t:; ,? a . tad by t not for t1t? may 000Y Estxw ? due . LCDW If ?jhable in the a als hdd by t Iteu?+ It the > to gormw-a for %WN. by this Sew In ? FACM* red I are not "aA to PIS ittmvmA tagz for at1 vam SCM shgl ?' 1°0d ?talla C%CCP at pl?? all such t`s am I?Bary "amn! pro Y tefutA a t rr' O by JU F- lao T (s), (b1, $Ad Trader or its (b)and (0- w6wcr t? to au to "Y to ft 50 of toe tY fat itct?? by ` 14060 33 bas Off not boo)taa efiSiB to a b4*9os? tmxW" far 1 06,2 *it be e bairn w row ?Yncd Aii paY . ? 4 " SecrwN or to the mu? Y chub funds to er'a acdt 1yYmet der to too other s APoketsm iuoY to be p p?nium, Hard. and firs, flood Warawe foll to, to t gaSf *t 1 E loa ?rmcnts or S aaaM Wood ?. by the g?c d to any tom' ?irod; imw usdcr the rlott . of toe Note: and fiats on %C oazud Wid. to Wcra t due m of *0 to woo P , to lsu to 8tha accred, °??gtee ?!?ai1 be onthe p'mP?' w A11 ?r? 4. in ca Isteto Of Sv*6c If" Twod ? ? all uired by is ill be beta by DOW wmcb y t .proof of 140- 1nc1vd1n6 00 ?r toq ? 10" by Tt ? at'n and io. U la "*0 u10 by . t'4" it A Id34 dire the p . of subec9"eml a?p? af. It4 in a aiswa wi ? cunsts vet ao mod mh?Y?r ooly- ortied l of sb,U be ? shsi? of ts. Each of to air (1) to a r theft 1 the eveat gtyrrower• too a spill !ad IS loss t iwt ? jcb W" be W tp its optlo?, 'W del Of 'r Of Me of The to" W tt?a1f ? Worsom tYNOIA _? *b Seib t of (b) ? Wod at postP"?°e AaY 4 this mean h Undo L *At W t_o_ the pd gc thG ut?dcr the Wcods it? AnY ?liAiot? of to or tetrad to lap to ? ? aetstsflos ut le pgnthiY:whoicA so mowta t C?1SA1Y e,natled thco' 'F /F-.?:? b, 000 r+r s a s .p4RtpAt tom, w ??isASi? 'rO2 In the event of foreclostre, of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness. all right, title and interest Of Borrower in and to insurance policies in fount shall pass to the purchaser. 5. Oees+paney, Prese"atloe, Maintenance rod Protection of the Pr opertyl Borrower's Lost AppHeNtoo; I.auehoWs. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and stall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Leader determima that requitement will cam undue hardship for Borrower, or unless attenuating circumstances exist wbicb are beyond -Borrower's control. Borrower shall nobly Lander of any eactenuatla8 circumstances. Borrower shall not cotntn# waste or destroy, damage or substantially change the Property or allow the Property to deteriorate. reasonable war-and tear excepted. Linder may inspect the Property if the Property is vsetmt or abandoned or the' loan is in default. ImQer may tape reasonable scion to protect ad preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process,, gave materially false or inaccurate information or statements to leader (or failed to provide Lender with any material infonuation) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If Us Secrby Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower aognires fee title to the Property, the leasehold and foe title shall not be merged unless Lender agrees to the .=get in writing. 6. Coedem otioa. The proceeds of say award or claim for damages. direct or consequential, in connection with any condemnation or other taking of say part of the Property, or for conveyance in place of condemnation. are hereby assigned and shall be paid to Leader to the extent of the tdU amount of the indebtedness that remains unpaid under the Note and this 5ocurity Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instruments. first to any delinquent amounts applied in the order provided in paragraph 3. and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over as amount required to pay all outspending indebtedness nnder the Note and this Security Instrument shall be paid to the oft legally entitled therM. 7. Charges to Borrower and Ptote cdoa of Lender's Rights In the Ph*etty. Borrower shall pay all govetnnoatW or municipal charges, fines and impositions that are not included in paragraph 2. Boaower shall pay these obligations on time directly to the entity which is owed the payment. If faiilure to pay would adversely affect Lender's interest in the Property..uponLender's icqu eat Borrower shall promptly furnish to [.coder receipts evidencing these payments. If Borrrower fails to make these payments or the psytoents required by paragraph 2, or fails to perform any other covenants and agreements contained in 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, for condemnation or to enforce laws or regulations), then Linder tray do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes. hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall becbme an additional debt of Borrower and be secured by this Security Instrument. 't'hese amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. ^ -P4ntPA) mom ?p. a a? s Ma ' ? a B04K 1646 PACE Borrower shall promptly discharge any lien which has priority over this Security Instrument unless 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 pith the lien by. or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prey the enforcement of the Sea; or (c) segues from the holder of the Ike aft agreement satisfactory to Lender subordinating the lien to this security instrument. If Leader determines that any part of the Property is subject to a lien which may attain priority ova this security Inttrudreht. Linder may give Borrower a notice identifying the Nett. Borrower shall cad* the lien or take one or more of the actions set forth hove within 10 drys of the giving of notice. S. Fens.' Leeds may collect toes and charges authorized by the Secretary. 0 Groumds for Acceleration of-Deft. (a) bdardt. Lender may. except as limited by regulations issued by the secretary. In the case of payasent defaults, require immediate payment in full of all sums secured by this Security Instrument If: 0) Borrower defaults by failing to pay in fall any monthly payment regnired by this Security banuneat prior to or on me due date of the not monthly payment, or (0) Borrower defmhs by.failing, for a period of thirty days, to perform any other obligations contained in this Seceurity bantment. (b) Sak Wkb" C"M Approval. Lender shall, if permitted by applicable law (including Section 34IND of the Out-St- Germain Depository Institutions Ace of 1962, 12 U.S.C. 1701j-3(d)) and with the Prior approval Of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if. M All or put of the Property, or a beneficial interest in a trust owning all or part of the Property, iU sold or otherwise transferred (other than by devise or descent), and (u) The Property is sot docupied by the purchaser or grantee as his or her principal residence. or the purchaser or grams does so OCCUPY the property but his or her credit has not been approved in accordance with the requirements of the Secretary. (a) No Wafter. If circumstances occur that would permit Lender to require immediate payment in M, but Lender don not require such payments, Leader does not waive its rights with respect to subsequent events. (cq 1RegeleflOns of HM Secretary. In many circumstances regulations issued by the Secretary will limit bender's rights, in the use of payment defaults, to require immediate payment in full and foreclose if mat paid. This Security. kwument does not authorize acceleration or foreclosure if not permitted by regulations of ihu Secretary. (e) Mortgage Not Inswe& Borrower agrees that if this Security Instrument and the Note are not .determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof. Leeda ratty. at its option, require immediate payment in fa of all sums secured by this Security iestrltmecr. A written statement of any ant1wrized agent of the Secretary dated subsequent to 60 days from the date hereof. declining to insure this Security Instrumuatt and the Note, shall be deemed Conclnaive proof of such Ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the utuavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. -P4tttP/1t pOOaF tin a of s 0 sooK M rAa .594 10. Rdndatement. Borrower has a right to be reinstated if Leader has required immediate payment in fdn became of Borrower's failure to pay am amount due under the Note or this Security Instn ment. This right applies even after foreclosure proceedings we instituted. To rdmtate the Security Instrument, Borrower shall in a lump sun all amounts required to bring Borrower's accent current including, to the tarot they are obligations of Borrower under this Security Instrument. foreclosure costs and reasonable and customary attorh ys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall retrain in effect as if Lender had to required immediate payment in AM. However. Lender is not required to permit reinstatement if. (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement w71 preclude foreclosure on different grounds in the flture, or (iii) reinstatement will adversely affect the priority of the liea created bjr this Security lnsaomert. It. Eorrower Not Released; Forbearance by Lender Not a Wafter. Extension of the time of payment or modification of amonhation of the sums secured by this Security Instrument granted by Leader to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Leader shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amorttation of the sums seared by this Security InsuWacut by reason of any demand made by the original Borrower or Borrower's anocessors in interest. Any forbearance by L ender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Suec amn and Assigns Domed; Joint and Several Lishift; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and borrower, subject to the provision of paragraph 90). Borrower's covenants and agreements shall be joint aced several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only so mortgage, grant and convey that Bonowees interest in the Property wrier the teats of this Security Instrument; (b) is not personally obligated to pay the arms secured by this Security banament, and (c) agree that Lender and any other Borrower may agree to extend, modify, forbear or make any accomnwdabons with regard to the tams of this Security Ifted went or the Note without that Borrower's consent. 13. Notitxs. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the property Address shy other address Borrower designates by notice to Lender. Any notice to Larder shall bwgiven by first s mail to tuder's address stated herein or any address bender designates by notice to Borrowgr. Any notice for in this Security lnsmtmm dM be deemed to have been given to Borrower Or Lewder when given provided in this paragraph. 14. 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 instrument or the Note confiku with applicable law, such conflict shall not affect other provisions of this Security Instrumcat or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 1S. AowTowces Copy. Borrower shall be given one oonformed copy of the Note and of this Security itamnmeht. -P4gtPAl WWI TM re" s if ftWtliis46?A*M .595 16. Harardonw Substances. Borrower shall not cause or permit the presence. use. disposal, storage. or release of may Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anydting affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage on the Property of small quantities of Hazardous Substances that m generally recognized to be appropriate to normal residential uses and to maintenance of the ply, Bono +?res shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property aW any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any govalmentai or regulatoty naMority. that any removal at other remedWIM of say Hiz rdous Substances affecting due Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 16. 'Hazardous Substances' are those substances defined as toxic or hazardous substances by Envhmneuai Law and the following substiom- gasoline. kerosene. other flammable or toxic petrolwm products. toxic pesticides and herbicide. volatile solvents, materials containing asbestos or %" dd&y&, and radioactive materials. As used in this paragraph 16. -Environmental Law' means federal laws and lows of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and I.eadec fiuther covenant and agree as follows: 17. Aaatgaatent of lents. Borrower unconditionally assigns and transfers to Lender all the feats and revenues of the Property. Borrower authorizes Fender or Lender's agearts to collect the rents and revenues and hereby directs each tenant of the Properly to pay the rents to Leader or Leader's agents. However, prior to Lender's notice to Borrower of Borrower's beach of any covenant or agreement in the Security Instrument. Borrower shall collect and receive all rents and revenue of the Property as trustee for the benefit of Lender and Borrower. This assignnacet of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trh:tce for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pry all rents due and unpaid to Lender or Lender's agent on Leader's written demand to the tetrmt. Borrower has not executed any prior assignment of the rents and bas not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter open, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Linder or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not sue or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of die Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. ftredesum Procedure. If Leader requim immediate psymefit In full wader paragraph 9, Leader May fnreclese tbls Security bstrt>rneeat by judicial proceedlag. Leader sball be entitled to collect all expenars ieewrred In petrtndag the re ran ies provided la this paragraph 18, iadWing, but not linelted W. attorneys' fees and costs of Nile evident. P4rtfrAf aoeq rp. d a J AT BOOK1646PAGE .5% N the Leader's Interest In this Security Iastrsrae ft Is held by the Secretary and the Secretary requires hamedlate p gmmt In fell under Paragraph 9. the Secretary may Invoke the soubMal power of sak provided in the Stngk FamYy Mortgage Fmociosom Ad of 1994 ("Act's (12 U.S.C. 3731 et seq.) by requesting a toreelosnre commissioner desigoded under the Ad to commence femionare and to sell the Property as prodded to the Ad. Nothing In the precedise sentence shall deprlre the Secretary of any rights otbes wbe svallable to a Linder under this Paragraph 19 ar applicable law. 19. Rettem. Upon payoeat of all sutas secured by thin Security Instrument. this Security Waft u ent and the estate conveyed shall terminate and become void. After such occuireme. Linder shall discharge and satisfy this security imuwb t withau cdtaaip to Borrower. Borrower sha11 pay any recordation costa. 26. Watrers. Borrower. to the extent permitted by applicable law. WSW and Weasel any error or defects in poc ftp to eadom this Se drity haaumeM and hereby .valves the benefit of nay preterit or !Mara laws providing for stay of execution, extension of time, exemption frond sttachtneet, levy and sale, and botoestead exemptkn. 21. went Period. Boaower's tithe to reemtate provided In paragraph 10 shall MOW to oete hover prior to the commeocemmc of bidding at a sberiffs sale 'or other sale pursuant to this Security Ioatrtusent. 22. Nrebetsee moiney Mortgage. If say of the debt seamed by this Security leacrmmeat is lent to borrowa to acquire tide to the Property, this Security Ioattutnent shall be s pordme money mortgage- 23. Interest )hate After JudgOckt. $Orrower agrm that the interest rate payable after a judgdx t is entered on the Note dr ;h sh aaiod of mortgage foreclosure shall be the rue payable from time to time under the Note. 24. Ride n to this Security Instruumm. If one: or more riders are executed by Borrower d d recorded together with dds Security Imtrutnent, the eovehahts of each such rider shall be incorporated into and shall amead and supplement the ooveaaots and agreements of this Security InstNmeat as if the rider(s) were a part of this Security Inatnument. jCheck applicable box(es)]. Condominium Rider Growing Equity Rider Other [specify] Planned Unit Development Rider B Graduated Payment Rider BooK1646?Am 397 BY SIGNING BELOW, Borrower accepts and agrees to the In this and In nay rider(s) exact ned by borrower and recorded with . W, .4 rile*? . Z Z (seal) Terrence rids 4kwmwer {Seal) Borrower (Sea) (S-e-21) -Borrower -Borrower (Seal) (Seal) -BOTWOWer -Borrower (Sal) (SCA) Borrower Borrower Cettifkate of Residence 1. Michael a. Haurft, Esq. , do hereby certify that the correct address of the widda4 a med Leader Is 75 North taixway Drive Vernon Kills, IL 60061 witness My hand this jff1W day of JVAP40- ,2AV" ltiehaal J. Hanft, sq. AseBtofLeadw (`OMm LTH of PENNSYLV . tc1mAm'&Atd County w on this, q M day of A ? ?y?? //JJ • o1DQC), before ` ate a widerAgwA officer, P Iy appeared Vitik??t?c'.Loj° ,-- ) ?knovzft to tae (or satisfactorfly proven) tp be the persw whose ttame .va subacnbod to the widdh ftwxan a ahd wJ wwlodgod that executed the acme for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set fay hand and OffieW seal. My Commission Expvea: 1 ride ortficer P4AtPAt aooa r,e, s POW e µ$01y at "Dwws IvAmruer, Perd>sv?a'a" am-i645 fiGE a5% EXWibit B Oct-04-2004 11:32am From-PREMIER ABSTRACT +243 3390 T-504 P-002/005 F-839 ROURT. P. 7J€GLER RECORDER OF DEEDS Parcel ID: 12-21-0265-245 W14BERLAND COL";'. to- --':! RUG 24 fm 8 41 This Indenture, made the: 2rday of BETWEEN Terrence L. McBride, single man aAriz • 2004 AND Douglas T. McBride, single man Witnessetk that the said Cm tors for and in consideration of the sum of One And 001100 dollars ($1.00) lawful money of the United States of America, unto them well and truly paid by the said Grantees, at or before the sealing and delivery hem f, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantees, as tenants by entirety ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and de sen`bed according to a survey dated March 6, 1973 by Ernest L Walker, as follows: BEGi U41NG at a point formed by the intersection of the northerly side of Apple Alley (16 fed wide) and the westerly side of South Fourth Street (20 fed wide): THENCE extending from said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; THENCE extending North 30 degrees 30 minutes West, 54.35 feet to a point; THENCH extending along Nos. 404 and 402 Bosler Avenue, north 59 degrees 30 minutes Fast, 40.0 feet to a point on the westerly side of south Fourth Street; THENCE extending along said Street, South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of BEGII`MG. BEING the southerly portion of Lot No. 99, Section "C' ou Plan #1 of Riverton, said Plan being recorded in Deed Book 4, Volume 7, page 40, Cumberland County records. ]BEING known and numbered as 119 S. Fourth Street, Lemoyne, Pennsylvania. 800K 264 PAG94158 Oct-04-2004 11:32am FrwPREMIER ABSTRACT +243 3390 T-504 P-003/005 F-839 BEING TIC SAFE PREM Es WINCH Bh*mder S. Sabi and Priti Sabi, his wife, by dead in the Office of datod October 193 2000 a?ad retarded October 20, 2000 is Book 231, page 1023 , the Recorder of Deeds in and for Cumberland County, Pennsylvwi* granted and conveyed unto Terrence L. McBride, single man. UNDER AND SU=CT to a sewer line easement which exuends Berms the northern portion of said property in an easterly direction to South Fourth Street in common with owners of 402 and 404 Bosler Avenue and as recorded in Misc. Record Book 96, Page 99, Cumberland County records. UNDER AND SUBJECT to conditions, easements and restrictions ofrecord. TMS IS A CONVEYANCE FROM FATHER TO SON AND IS TORE EXEMPT FROM PENNSYLVANIA REAL ESTATE TRANSFER TA:X. Together With all and singular the buildings and improves ways, streets, alleys, driveways, passages, waters,'water-courses, rights, h`berties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belong, of in anywise apperWning, and the reversions and remaizzders, rents, issues, and profits thereat, and all the estate, right, title, interest, property, claim and demand whatsoever of there, the said grantors, as well as at law as in equity, of; in and to the same. To Have and to hold the said lot or piece of ground described above, with the buWAP and improvements thereon erected, weditarnents and premises ber?by granted, or mentioned and intended so to be, with the apes. unto the said Grantees, their hews and assigns, to and for the only proper use and bchoof of dw said Grantees, their heirs and assigns, forever. And the said Grantors, for themselves and their he iM executors and adiainistratoars, do, by these presents, covenant, giant and agree., to and with the said Grentees, their heirs and assigns, that they, the said Grantors, and their heirs, all and singular the -- .1temeavts and premises herein described and granted, or mentioned and intended so to be, with the appurte i=ces, unto the said Grantees, their heirs and assigns, against theme, the said Mors, and their heirs, will wanwt acid defend against the lawful claims of all persons claiming by, thmngh or under the said Grantors but not otherwise aooi M PmEU59 Exhibit C i FEDERMAN AND PHELAN, LLP ' By: FRANK FEDERMAN, ESQ., Id. No.. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN,-ESQ., Id. No_ 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff v_ DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO ov snd C??t CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff.; You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral. Service Cumberland County Bar Association 32 South Bedford Street t, K r Carlisle, PA 17013 (800)990-9108 f r - COPY FROM RECORD ••-.Kf? ?.? Lj }...+?I . I :e unto ?.. of ...: ;..,{ •s j Carlisle. vat File #l: 100493 • FEDERMAN AND PHELAN, LLP By_ FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff v. DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET-FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 100493 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 100493 i. Plaintiff is WASHINGTON MUTUAL BANK, F.A_, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS T. MCBRIDE 119 SOUTH 4TH STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/19/2000 DOUGLAS T. & TERRENCE L. MCBRIDE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1646, Page: 590. 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 05/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 100493 6. The following amounts are due on the mortgage: Principal Balance $86,425.54 Interest 3,945.48 04/01/2004 through 10/13/2004 (Per Diem $20.13) Attorney's Fees 1,250.00 Cumulative Late Charges 481.73 10/19/2000 to 10/13/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 92,652.75 Escrow Credit 0.00 Deficit 3,620.09 Subtotal $ 3,620.09 TOTAL $ 96,272.84 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- 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 10. Plaintiff hereby releases TERRENCE L. MCBRIDE from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 96,272.84, together with interest from 10113/2004 at the rate of $20.13 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. FEDERM ND PHELAANN L By: /s/F ands . alliia FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100493 .. ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoync, Cumberland County, Pennsylvania, more particularly bounded and descrni-bed according to a survey dated March 6, 1973 by Pest I. Walker, as follows: BEGM) NC at a point formed by the intersection of the northerly side of Apple Alley (16 feet wide) and the westerly side of South Fourth.Stred (20 feet wide): THENCE extending from said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West, 40.0 feet to a point; l I THENCE extending North 30 degrees 30 minutes West, 54.35 feet to a point; THFICE extending along Nos.. 404 and 402 Bosler Avenue, North 59 degrees 30 minutes East, 40.0 feet to a point on the westerly side of South Fourth Street; THENCE extending along said Street, South 30 degrees 30 minutes East, 5435 feet to the aforementioned point and place of BEGINNING BEING the samtthcrly portion of Lot No. 99, Section "C" on Plan #1 of Riverton, said Plan being recorded in Deed Book 4, Volume 7, page 40, Curnbedand County records. BEING tmown and numbered as 119 S_ Fourth Street, Lemoyne, Pennsylvania- - - I BEING THE SAME PRSM S WFIICH %upinder S. Sabi and Priti Sahi, his wife, by deed dated October 19, 2000 and recorded October 20, 2000 in Book 231, page 1023, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Terrence L. McBride, single man. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing 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 unsworn falsifications to authorities. Aran s S. Hal roan, squire Attorney for Plaintiff DATE: D /3 Exhibit D • , PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 , (215) 563-7000 C-_ -? WASHINGTON MUTUAL NANK, F.A., S/B/M TO ' - -._ ...._ ?z = ? INC., WASHINGTON MUTUAL HOME LOANS CUMBERLAND COUI? r?s , F/K/A PNC MORTGAGE CORP. OF AMERICA COURT OF COMMOOUAS'- S c 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CIVIL DIVISION ? ?Y rte,, ;? r? Plaintiff, NO. 04-5172 CIVIL -- - V. DOUGLAS T. MCBIDE iti' ruY 1 N 1 Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DOUGLAS T. MCBIDE and , 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 10/14/04 to 4/21/05 TOTAL ATM, - . ,-? ? .'4' P '? Y: R $96,272.84 PLLr RE t $3,824.70 $100,097.54 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. A 3? DANIEL G. SCHMIE SQUiR.E ?-?` Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 'i 'I- copy P Lrs DATE: 1 AA r2j PR PROTHY EXh'b't E SALE DATE: MAY 10, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL NANK, F.A., SB/M TO WASHINGTON MUTUAL No.: 04-5172 CIVIL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA VS. DOUGLAS T. MCBIDE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 119 SOUTH 4TH STREET, LEMOYNE, PA 17043. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. May 9, 2006 WASHINGTON MUTUAL NANK, F.A., SB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/KJA PNC MORTGAGE CORP. OF AMERICA Plaintiff, V. DOUGLAS T. MCBIDE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5172 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) AT TO !s; t d"f ' t.l T 1 TE + ?". ??' Ill - -1 0 2 C WASHINGTON MUTUAL NAN& F.A., SB/M TO WASHINGTON MUTU "OI-E IAA INC., F/KIA PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above acj5#-n,t?? rts c attorney, DANIEL G. SCH IIEG, ESQUIRE, sets forth as of the date the Praecipe for the brit of Execution was filed the following information concerning the real property located at ,119 SOUTH 4TH STREET, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name (? ` ?`?` "_ °"' AT ?se's: `, Last Known Address (if address cannot be reasonably ascertained, please indicate) DOUGLAS T. MCBIDE 324 SOUTH ENOLA DRIVE ENOLA, PA 17025 UGPY AT 07 2. Name and address of Defendant(s) in the judgment: PLEA; SE F,} U• all Same as above 3. Name and last known address of every judgment creditor whose judgment is s-a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS FIRST FEDERAL 5000 L.OUISE DRIVE, P.O. BOX 40 CREDIT UNION MECHANICSBURG, PA 17055 ~ `N' to A w N . r p %0 00 0% tr A w r? N C r z c c r * E o PC 0 Z O 0.Z /" l J r? C C;) x w m o' -' O trl N A m0 o t3l a o Eft ° z M ?' x n m a - m z y j o ? d a x ? m z a o z z A . 0 a w w n o r .? "° z W o ? ° a as ? " 4 C? x w 1 N M o C d CL v; ? x < w C/) tri -? U d 0 0 r' i p o b t O H Q .? C r q Cr1 N r w ° ° g n n ~NV ? ? 0 Y y i ? w I ° r 17. G. ~ ° O Z (A O -j I-ri A .a X co, ° w P ;o o ... o A o ? .0 17 N M Z n 4 r ` . b p c -.0 ' N 00 1'?l-JII l./? C) / + En v s ^ o N °° 7 t ? °.s ° a °° N 7 d t=i U? o - C) w En •+ to ?a o ? ° Ct7 n a ? w ? Y j ti N l? X- k A o 47 A h l ! a CII V? ? F. o bd r lT7 . a p ? a ? O z k 0 5.1 Y > .d ?. ?- a ? Fi N ? W o o. % N, C n A Cy A ? ^. 3 p N ° N 1y1? C q o 0 p 7 Y w?-v A ° o o > z "am ? O. C v, a ? a s =? A r N 0 co co > CD ?o A r* oo?W a- n CL a It cn z o r 02 ,A $ 02.10° - I { I { 1 I 1 1 ! 1_?:il " 0004309825 DEC 08 2005 - 1u1AtLfDfROM M-CCiOE 11.03 Exhibit F May. 2. 2007 8:32AM Cumberland Co. Sheritt ti? of ?urn?er GO d R. THOMAS KUNE ?- •::__. , .__<.:_; _ . EDWARD L. SCHORPP Shatiff SO§dtw OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 FACSIMILE TRANSMITTAL FORM No. 2318 F. 1 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Phe 1(7 4 a vt ?'`C. 1 e c .Y FROM: Sm 4-1, DATE: 51 /0-7 NUMBER OF PAGES (INCLUDING COVER SHEET) ? MESSAGE: Office Number (717) 240-6390 FAX Number (717) 240-6397 May. 2. 2007 8:32AM Cumberland Co. Sheriff No. 231$ P. 2 Washington Mutual Bank, F.A. s/b/m The Court of Common Pleas of To Washington Mutual Home Loans, Inc. Cumberland County, Pennsylvania f/k/a PNC Mortgage Corp. of America Writ No. 2004-5172 Civil Term VS Douglas T. McBride Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 2:59 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Douglas T. McBride, by making known unto Elana Fortur, adult niece of the defendant, at 15 Thomas Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. J. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2006 at 10:55 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Douglas T. McBride, located at 119 South 4th Street, Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Douglas T. McBride, by regular mail to his last known address of 15 Thomas Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that' after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 10, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America. It being the highest bid and best price received for the same, Washington Mutual Batik, F.A., s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp of America of 11200 West Parkland Ave., Milwaukee, WI 532243 being the buyer in this execution, paid to Sheriff R- Thomas Kline the sum of $998.28. Sheriffs Costs: Docketing $30.00 Poundage 19.57 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 May. 1. 1UUl b:JZAM Cumberland to. JWITT Law Library .50 Prothonotary 1.00 Mileage 22.00 Certified Mail 9.28 Levy 15.00 Surcharge 20.00 Postage .78 Law Journal 365.00 Patriot News 338.60 Share of Bills 21.05 Distribution of Proceeds 25.00 Postpone Sale 20.00 Sheriffs Deed 40.50 $ 998.28 So Answers: ` R. Thomas Kline, Sheriff BY16 Real Estat ergeant Na. t> > 11 r. j Exhibit G 07i 26i 2006 17:52 7172070402 0 R? ROB-RT P. 2IECLER RECORDER OF DEFD'J' 205 FEB 28 PM 3 57 GAIL ROHRER PAGE 19/34 Tax Parcel No. 12-21-0265-24S THIS DEED MADE this L day of r_e'b ----,2005. BETWEEN DOUGLAS T. MCBRIDE, married man GRANTOR AND TERRENCE L. MCBRIDE, single man GRANTEE VK!"ESSM, that in consideration of ONE DOLLAR ($1.00), in hand paid, the recr.pt of which Is hereby acknowledged, that said Granter dies'Aer4b grant and convey to the said Grantee, ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded end described according to a survey dated March 6, 1973 by Ernest J. Walker, as follows: BEGINNING at a point formed by the intersection of the northerly side of Apple Alley (16 feet wide) and the westerly side of South Fourth Street (20 feet wide); thence extending from `said beginning point along the northerly side of Apple Alley, South 59 degrees 30 minutes West,'40.0 feet to a point; thence extending North 30 degrees 30 minutes West, 54.35 feet to a point; thence extending along Nos. 404 and 402 Bosler Avenue, North 59 degrees 30 minutes East, 40.0 feet to a point on the westerly side of South Fourth Street; thence extending along said Street, South 30 degrees 30 minutes East, 54.35 feet to the aforementioned point and place of BEGINNING. - BEING the southerly portion of Lot No. 99, Section "C" on Plan #1 of Riverton, said Plan being recorded in Deed Book 4, Volume 7, Page 40, Cumberland County records. BEING known and numbered as 119 S. Fourth Street, Lemoyne, Pennsylvania. BQ81E ?r?? i'AC+??B? . a? .. w .. ? . ... N.......y ..?. W/.Y ... ....:.JfJ 9.u.ro.V{:a .. w •... ..1 -. ?.. ., ........ ... •07-2612006 17:52 7172070402 GAIL ROI-RER PAGE 20134 UNDER AND SU83ECT to a sewer tine easement which extends across the northern portion of said property in an easterly direction to South Fourth Street in common with owners of 402 and 404 Bosler Avenue and as recorded In Misc. Record Rook 96, Page 99, Cumberland County records. UNDER AND SU03ECT to conditions, easements and restrictions of record. BEING the same premises which TERRENCE L. MCBRIDE, single man, by Deed dared August 20, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania In Book 264, Page 4158, conveyed unto DOUGLAS T. MCBRIDE, single man, Grantor herein. THIS IS A TRANSFER FROM SON TO FATHER AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses.. rights, libertles, privileges, hereftements `id appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor, both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO "OLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantor and to the Grantee`s proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth he/she does and will forever and specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed. -500-9' 267 rxE3587 r . 07K6/2906 17:52 7172070492 GAIL ROHRER PAGE 21/34 COMMONWEALTH OF PENNSYLVANIA! COUNTY OF S.S. ta?r f?i?/ r r On this, the day of ./c, 2004',, before me, a Notary. Public, the undersigned officer, personally appeared DOUGLAS T. MCBRIDE and REBECCA ANN MCBRIDE, known to me for satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WUNESS WHEREOF, I have hereunto set my hand and notarial seal. No ary W li 341891.1 f y this to be ,?Orded I Cetti County P A In Curnberlard RecoTder of Deeds borax 267 Mr.3afia .... .?._._._. _. _.....___..1. w Y VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing Plaintiff's Petition for Supplementary Relief in Aid of Execution to Confirm Sale to Divest Interest, Nunc Pro Tunc, is true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification of authorities. Respectfully ,WmA-1tted, HALLINAN.&JSCHMIEG, LLP By: Daniel G. S I.D. 62205 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Attorney For Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m Court of Common Pleas To Washington Mutual Home Loans, Inc., f/k/a ' PNC Mortgage Corporation Of America Civil Division 11200 West Parkland Avenue Milwaukee, WI 53224 Cumberland County Plaintiff V. No.: 04-5172 Civil Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a true and correct copy of Petition For Supplementary Relief In Aid Of Execution To Confirm Sale And Divest Interest, Nunc Pro Tunc, was served upon the following by regular mail: Terrence L. McBride Douglas T. McBride 26 Orange Street 15 Thomas Drive Mount Holly Springs, PA 17065 Mechanicsburg, PA 17050- - -?? Date: May 14, 2007 Respectfully ubmitted, PHE AN H N & By: \Q Daniel G. Schmieg, EE Atty. I.D. No. 62265 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff VERIFICATION I, Joseph P. Schalk, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Petition to Make Rule Absolute, is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Dated: 2.& b By' J seph . balk, Esquire D.9 56 10 Front Street, Suite 115 Harrisburg, PA 17101 Attorney for Plaintiff " ?' C ? 4{ µ ?^„y.. f `' d'. ' t cP : ? f ?4 ?y \ ?`?/ /?"? ??? f . , y" j'? ?l • nsn++py ? ?: ? ? .? My,? ?/p ?) •- t ..-? ?? L..re/a 11?+ PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, WI 53224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant Attorney For Plaintiff Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil CERTIFICATE OF SERVICE I, Joseph P. Schalk, Esquire, hereby certify a true and correct copy of the Plaintiff's Motion to Make Rule Absolute was served upon the following: Terrence L. McBride Douglas T. McBride Office of the Sheriff 26 Orange Street 15 Thomas Drive Real Estate Coordinator Mount Holly Springs, PA 17065 Mechanicsburg, PA 17050-3180 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dated: (o ?lo O? Respectfully submitted, PHELAN HALLINAN SCHMIEG, LLP BvQ4 107 N) Front Street, Suite 115 4jaUlkurg, PA 17101 Attorney for Plaintiff Josep P. Schalk, Esquire I.D. 91 56 C) R?a C= iR T C- t.r £Y ' PA) 27 I I PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America 11200 West Parkland Avenue Milwaukee, W153224 Plaintiff V. Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant Attorney For Plaintiff Court of Common Pleas Civil Division Cumberland County No.: 04-5172 Civil CERTIFICATE OF SERVICE I, Joseph P. Schalk, Esquire, hereby certify a true and correct copy of the Plaintiff's Time-Stamped Motion to Make Rule Absolute was served upon the following: Terrence L. McBride Douglas T. McBride Office of the Sheriff 26 Orange Street 15 Thomas Drive Real Estate Coordinator Mount Holly Springs, PA 17065 Mechanicsburg, PA 1 7050-3 1 80 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Respectfully submitted, PHELAN HAS] Dated: June 27, 2007 LD. 916 Front Street, Suite 115 Harrisburg, PA 17101 Attorney for Plaintiff G, LLP C';1 Q 0 VUN 27 zoos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., s/b/m Court of Common Pleas To Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corporation Of America Civil Division 11200 West Parkland Avenue Milwaukee, WI 53224 Cumberland County Plaintiff V. No.: 04-5172 Civil Douglas T. McBride 119 South 4th Street Lemoyne, PA 17043 Defendant ORDER AND NOW, this (ot? day of 2007, upon consideration of Plaintiff's Petition to Make Rule Absolute it is hereby ORDERED and DECREED that the Petition for Supplementary Relief in Aid of Execution to Confirm Sale and Divest the Interest of Terrence L. McBride, in the property located at 119 South 4th Street, City of Lemoyne, Commonwealth of Pennsylvania, Nunc Pro Tunc, shall be and is hereby made absolute and Plaintiff's Petition is Granted. M.L. Ebert, Jr., J. f ? :V J J- If if i.OVV /tC C'I dtJ .; .. ' ; 3HI JO v