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HomeMy WebLinkAbout05-3997PHELAN HALLINAN & SCHMIEG, LLP 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. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.C)?` 3g9Cr 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 ft 120695 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 #: 120695 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/23/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1769, Page: 2948. By Assignment of Mortgage recorded 08/27/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 689, Page 3493. 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 04/01/2005 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 it. 120695 6. The following amounts are due on the mortgage: Principal Balance $87,466.55 Interest 2,446.06 03/01/2005 through 08/04/2005 (Per Diem $15.58) Attorney's Fees 1,250.00 Cumulative Late Charges 331.82 08/23/2002 to 08/04/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 92,044.43 Escrow Credit -587.56 Deficit 0.00 Subtotal $ 587.56 TOTAL $ 91,456.87 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 91,456.87, together with interest from 08104/2005 at the rate of $15.58 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEC,, LLP u.i By: /s/Francis ,S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fite 4 '. 120695 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of 'Williamsburg North', South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of 'Williamsburg North', South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the comer in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. PREMISES: 5402 C OXFORD DRIVE File 9 120695 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 on 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 his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: l / ' ', c.h `,?' ? ?-?- `'? ? ?. `2 ? ?? °z ? g, '-? _? L ? `? jr--' _sJ ? pi ? ?? 9 SHERIFF'S RETURN - REGULAR CASE NO: 2005-03997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS FORSLUND DANIEL P ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FORSLUND DANIEL P the DEFENDANT , at 1851:00 HOURS, on the 25th day of August 2005 at 5402 C OXFORD DROVE MECHANICSBURG, PA 17055 by handing to LAURA FORSLUND, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this day of {) A.D. Prat tar So Answers: R. Thomas Kline 08/26/2005 PHELAN HALLINAN SCHMIEG By. /? Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS FORSLUND DANIEL P ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FORSLUND LAURA L A/K/A LAURA L MILEY the DEFENDANT , at 1851:00 HOURS, on the 25th day of August , 2005 at 5402 C OXFORD DROVE MECHANICSBURG, PA 17055 by handing to LAURA FORSLUND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this IJ day of f rot So Answers: R. Thomas Kline 08/26/2005 PHELAN HALLINAN SCHMIEG By: Deputy She 'ff 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 BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). CIVIL DIVISION NO. 05-3997 CIVIL 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 DANIEL P. FORSLUND and LAURA L. FORSLUND A/K/A LAURA L. MILEY, 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 8/5/05 to 10/14/05 TOTAL $91,456.87 $1,106.18 $92,563.05 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. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:( ?DLS?S PR ROTH (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND AWA LAURA L. MILEY Defendant(s). CIVIL DIVISION NO. 05-3997 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on 0(aA I P 2005 By: If you have any questions concerning this matter, please contact: Attorney for Plaintiff ONE PENN CENTER AT SUBURBANS ATION 1617 JOHN F. KENNEDY BLVD., S 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DANIEL G. SCHMW, ESQUIRE "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.'" PHELAN, HALLINAN AND SCHMIEG By Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 567-7000 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION CUMBERLAND COUNTY DANIEL P. FORSLUND LAURA L. FORSLUND A/KUA LAURA L. MILEY NO. 05-3997 CIVIL Defendants TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 15 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.[F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215 564 7000 - ) ( WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY DANIEL P. FORSLUND LAURA L. FOP SLUND AWA LAURA L. MILEY : NO. 05-3997 CIVIL Defendants TO: LAURA L. FORSLUND AWA LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 15. 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 WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR 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 BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, v. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997 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 DANIEL P. FORSLUND is over 18 years of age and resides at, 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. (c) that defendant LAURA L. FORSLUND A/K/A LAURA L. MILEY is over 18 years of age, and resides at, 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. for Plaintiff _ C?lao (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY No. 05-3997 CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $92,563.05 Interest from 10/14/05 to MARCH 8, 2006 $2,206.90 and Costs (per diem -$15.22) TOTAL $94,769.95 066 Penn Center at Suburban Station 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. ? N O ? 'n U _ d W ?> ca ? ? v L y a? Q a? ? z? 00 4a o? H wa 3 4° 0 o ..a 0 a a w Q -} U "? r 5 s (' ' o a y t O `Dr d. DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot 4t03; thence by said Lot 4103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 Premises: 5402 C Oxford Drive, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From DANIEL P. FORSLUND AND LAURA L. FORSLUND A/K/A LAURA L. MILEY (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 $92,563.05 L.L. $.50 Interest FROM 10/14/05 TO 3/8/06 (PER DIEM - $15.22) - $2,206.90 AND COSTS Arty's Comm % Arty Paid $136.40 Plaintiff Paid Date: OCTOBER 18, 2005 (Seal) Due Prothy $1.00 Other Costs P othonotar By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY NO. 05-3997 CIVIL v. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Plaintiff, Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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 5402 C OXFORD DRIVE, MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) LOWER ALLAN TOWNSHIP 120 LIMEKILN ROAD AUTHORITY NEW CUMBERLAND, PA 17070 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. October 13, 2005 DATE Attorney for Plaintiff (` ti? ,_ ??+ n ? _ I'fl ? _ [:i t .? G.; 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 BANK, F.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY NO. 05-3997 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff _? n..] ?l r ,.. _ (.l ?,. ' i WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). TO: DANIEL P. FORSLUND October 13, 2005 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 05-3997 CIVIL LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 "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 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, 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055, 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 $92,563.05 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need 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 COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot 9103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot 9120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 Premises: 5402 C Oxford Drive, Mechanicsburg, PA 17055 ,"' AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY SERVE DANIEL P. FORSLUND AT 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 SERVED Served and made known to 4_? at-8-26, o'clock-P.m., at ACCT. #0049540115 CUMBERLAND COUNTY No. 05-3997 CIVIL Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 8, 2006 on the q day of of Pennsylvania, in the manner described below: v 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: Commonwealth Description- Age eight Weight _z Race W Sex Other I, z a competent adult, being duly sworn according to law, depose and state that I personally banded a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ? da. tNota, ub1220 20t? By : P4?ITEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of P,ew 'arsey PA T i ICIA E K?. RRIS NOT SERVED Commission Expires Jud On the e 1 2008 yo 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer Vacant lst Attempt: Time: 2"d Attempt: 1 J Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of ,200 Notary: By: Attorney for Plaintiff 2 Daniel G. Schmieg, Esquire - I.D. No. 62205 H_ i. t ^J cr -T rip, -4 AFFIDAVIT OF SERVICE 1 CUMBERLAND COUNTY PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA No. 05-3997 CIVIL L. MILEY ACCT. #0049540115 SERVE LAURA L. FORSLUND A/K/A LAURA L. MILEY AT 5402 C OXFORD DRIVE Type of Action MECHANICSBURG, PA 17055 - Notice of Sheriffs Sale Sale Date: MARCH 8, 2006 J ?' (? SERVED 1 Served and Gm?ade known toLa1)fa ' , For-5kn C( , Defendant, on the? Z q day of )C 1 , 2005 at F)12 ), o'clock ?.m., at 54(32-C Qi'?7?J1 O r? 1 th t w l l a" C S v l 1k , Commonwealth of Pennsylvania, in the manner described be`te?\41: Defendant personally served. 6w / 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 3q Height J 8 Weight 170 Race \tj Sex A ('l Other I, J ( YY? Ye 71 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. and subscrjb?fl ??TTff day ?/&TIMES 200_$ 5??/ ? IIy, A E A EMPT SERVICE AT LEAST 3 TIMES. INDICATE D OF SERVICE ATTEMPTED. Notary Public Slate ci ilew Jersey NOT SERVED t PA;-ICIAE HARRIS On kenrlssl n Explray ov 16, 2008 200at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant lst Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 2nd Attempt: Time: 3 7 I ?^? l/ ? ?? C ? . J? i L ? ri1 ? ? ? ?t .-j `. . . ?-.. 1 ? t >1 . f ? . ?. `. ?. n.:.? 4 ?' ?? -ti 4?i SALE DATE: MARCH 8, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. No.: 05-3997 CIVIL VS. DANIEL P. FORSLUND LAURA L. FORSLUND AWA LAURA L. MILEY 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: 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 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. NIEL SC I ESQUIRE Attorney for Plai iff March 6, 2006 WASHINGTON MUTUAL BANK, F.A. V. Plaintiff, DANIEL P. FORSLUND LAURA L. FORSLUND AIK/A LAURA L. MILEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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 ,5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) LOWER ALLAN TOWNSHIP 120 LIMEKILN ROAD AUTHORITY NEW CUMBERLAND, PA 17070 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4404 relating to uns`wom falsification to authorities. October 13, 2005 DATE 13ANIEL G. SC I? G, ESQU Attorney for Plaintiff ?9 0 g E ? y w r? mo 3 R ?o n czs o? r ao ro o ?. of T /yam w 0 A ?gg V gm t4 d S ?. ' sd$?s :. g o S. o G F t no s ? F'K Y R ? e2 6 a.mZ° N ^ ? ? I ?aNa no ?n'OK u 9 a ? O N I" I O I? 1? I a I? {? I ?'?--T O tm1 z 0 b C I z z b N 9 °a N N O N O ? C Y 0 N tZ ro O m m r rr 7-3 z rrl p ? O ? Cs1 Y J ro o ? z ? m 0 z O y r Y I ?, z N ? Cl v??7 r 6 a s 6 a 6 z n M %o J 0 w Oa9 m "? m h w G 'S -9x a,tibr bx?- ?z cr cn 7 ?' 6 ? y ? r7n C1 r o 0 m CD T N CL N N 7 O 00 n N n I? 7 (D O I a 0 0. m 0 0 c I 0 m POSY OAP( A 90 Z v J p1NEV BfNJFS $ 01.20° 02 5A ppY 17 2005 0004309825 C44E 18103 MAILED FROM 2f>' - f_J DATE WASHINGTON MUTUAL BANK, F.A. VS. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY PROPERTY: 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 Improvements: Residential dwelling Judgment Amount: $92,563.05 CUMBERLAND COUNTY NO. 05-3997 CIVIL The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on MARCH 8, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. it ?? 01/07/1994 00:57 6092190173 _ PHARMACO PAGE 09 AFFIDAVIT OF SERVICE PLAINTTPF DEFENDAW(l)' L. MILEY WASMGTON MUTUAL BANK, RA. DANIEL P. FORSLUND LAURA L. FORSLUND A/KIA LAURA SERVESN2 to QRSLUND AT DRIVE AZCNrUMCSKRG, PA 17055 CUMBERLAND COUNTY CQS No. 05-3997 CIVIL pqS 1DOG46 ACCT. 00049540115 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 SERVED J Served and nrtltla ick wn b N n i? I r rOCS 1Kat a , Defendant, on the day of 7? 1y 200? at rZ j? . «'clotkga.. at SyG Z 6 x Fend Dr, (:u(rjrnonwcalth of Pea ayivarii, initlla mNmer detcnlW bekyw: penoRally Served. V AAMbk* msWbu whb wham Defeudaat(S) reside(s). Name and Relationship is Ad&#& alDehmdartt(s)'s residence who refused to give new or relationship- af plsx of lodging in which Defendartt(s) reside(s). Apo Om i chop of Defsndaal(s)'s office or usind place of business. on officer of said Defandant(s)'s company. Othert _ A,p/?30?I/a Heightrl,4 Weight 0!6 Rate W Sex .. Other I qM%*A !C a b CI^ i"S . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and oaaot; oapy ofthe Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the addtetsl hl606d aboee. I ?1 n _ n By. TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey NOT SERVED PATRICIA E. HARRIS iiss on Exp?gs?une 16, 2000 200,• at o'clock _.m, Defendant NOT FOUND because; Mont _ Unisso" _ No Answer 3rd Attattlif: !. / Time: Sworn so OW $10. 0. a before ma tot day of :lOII_ Notary By: LsNSI Q lils?sine - I.A. No. 61]055 Vacant 2ie Attempt: / / Time: a? G U _ -o i" ? tJ m c.a si 01/07/1994 00:57 COUNTY PLAINTIFF DEFENDAN119) L. MILKY 6092190173 PHARMACO AFFIDAVIT OF SERVICE WASWNGT'ON MUTUAL BANK, F.A. DANIEL. P. FORSLUND LAURA L. FORSILUND A/K/A LAURA SERVE LAURA.I« KWMUND AWA LAURA I. MILKY AT 5162 C"APORD DRIVE MECAAMODURG, PA 17055 CUMBERLAND No. 05-3997 CIVIL ACCT. #224001 IS Type of Action - Notice of Sheriff's Sale Sale Dale: DECEMBER 6, 2006 PAGE 10 CQS II SERVED /'?, Served and madekaoam to 4 4lAa rci 4. CO 1%S11AA 9L . Defendant{{??on the Z Q day of ?t^'Y , 2001if ¦t Z :) o'cbdt,?m., at 5-A(02- C O x-fdf' d Commonwe" of Pasmsyha nia, in the manner described below: _ ? ,erred. Adult wts?* wiA wham Defendant(s) reside(s). None and Relationship is Adult itaebage of Defendant(s)'s residence who refused to give Creme or relationship. M=w0 k of place oflodl* in which Defendant(s) reside(s). Agent at pesm in charge of Defeadeni(s)'s office or usual place of business. an officer of aid Defendant(s)'s company. Other: -- Descr?on: Age 3d HeigMS1 ?1 WeighC! ,1_„O Ram (?? Sex 1- Oilier I, QU R O b C a ootnpetent adult, being duly sworn mearding to law, depose and state that I personally handed a hue sod correct dopy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned tress as Ila date and at to address indicated above. SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE State of New Jersey ATTEMPTED. PATRICIA E. HARRIS Commission Expires June 16, 2008 NOT SERVED On the day of 200, at o'clock, m., Defendant NOT FOUND because: Moved _. Unknown No Answer - Vacant 1" Attempt:- - I _L_Titne• 3rd Attempts Time- Sworn to sod eslisirs ad before to dais ? day of 20D Notary: By: AltorMY far F YrR 21d Attempt: / / fitne: ?/ Q V 11 }.-.. Fl W n °Sj? ''; ' l w stn 21 LD CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. . No. 05-3997 CIVIL DANIEL P. FORSLUND LAURA L. FORSLUND AIK/A LAURA L. MILEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10115105 to 12/6/06 (per diem -$15.22) $92,563.05 $6,361.96 and Costs TOTAL $98,925.01 DANIEL G. SCHMIEG, ESI?UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. kn In kn kn 00 as a? ? as VV W x x OZ ? Z UU acn A? U CI? GW @A ?a W y .? AA a w? oz H y w ?w w ? U U O O cov 4.) Od ? Ap a? S d In? 00 W x w U U @ W w _ I -_ 4 ?' a i, a -J -W, LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. Premises: 5402 C. Oxford Drive, Mechanicsburg, PA 17055 Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From DANIEL P. FORSLUND, LAURA L. FORSLUND A/K/A LAURA L. MILEY (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 $92,563.05 L.L. Interest FROM 10/15/05 TO 12/6/06 (PER DIEM - $15.22) - $6,361.96 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $1076.41 Other Costs Plaintiff Paid Date: JULY 24, 2006 CURTIS R. LONG Prothono ry (Seal) B : 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 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY V. Plaintiff, DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLAN TOWNSHIP 120 LIMEKILN RD. AUTHORITY NEW CUMBERLAND, PA 17070 4. Name and address of last recorded holder of every mortgage of record: M Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. July 21, 2006 DATE ?- i All DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ?- ,. ...-, PHELAN HALLINAN AND 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 BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997 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: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff .._?, {± , ^ .? c. WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). CUMBERLAND COUNTY No. 05-3997 CIVIL July 21, 2006 TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYE PREYIOUSLYRECEIYED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY" Your house (real estate) at 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92,563.05 obtained by WASHINGTON MUTUAL BANK, F.A. (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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. Premises: 5402 C. Oxford Drive, Mechanicsburg, PA 17055 Cumberland County Pennsylvania g. gym- Washington Mutual Bank, F.A. VS Daniel P. Forslund and Laura L. Forslund, a/k/a Laura L. Miley The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3997 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 1:55 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 defendants, to wit: Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley, by making known unto Daniel Forslund, personally and husband of Laura L. Forslund, at 5402 C Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 1:54 o'clock P.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 Daniel P. Forslund and Laura L. Forslund, a/k/a Laura L. Miley, located at 5402 C Oxford Drive, Mechanicsburg, 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 defendants, to wit: Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley, by regular mail to their last known address of 5402 C Oxford 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 this writ is returned Stayed per instructions from attorney Daniel Schmieg. Sheriff's costs: Docketing 30.00 Poundage 19.85 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Law Library 0.50 Mileage 9.68 Certified mail 3.66 Levy 15.00 Postpone 20.00 Postage 1.17 Surcharge 30.00 Law Journal 407.00 Patriot News 338.60 Share of Bills 21.05 Total: 927.51 ,/ ??C106 So Answers: R. homas Kline, She eZ BY Real Estate rgeant 9' O QJe 5q L f 4 a-) i7g46? /r t WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, . V. COURT OF COMMON PLEAS DANIEL P. FORSLUND CIVIL DIVISION LAURA L. FORSLUND A/K/A LAURA L. MILEY NO. 05-3997 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., 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 ,5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) LOWER ALLAN TOWNSHIP 120 LIMEKILN ROAD AUTHORITY NEW CUMBERLAND, PA 17070 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13, 2005 DATE ANIEL G. SC MJZi, ESQ Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). CUMBERLAND COUNTY No. 05-3997 CIVIL October 13, 2005 TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055, 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 $92,563.05 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 56000. 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 COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 Premises: 5402 C Oxford Drive, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-3997 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., Plaintiff (s) From DANIEL P. FORSLUND AND LAURA L. FORSLUND A/K/A LAURA L. MILEY (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 $92,563.05 L.L. $30 Interest FROM 10/14/05 TO 3/8/06 (PER DIEM - $15.22) - $2,206.90 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $136.40 Other Costs Plaintiff Paid Date: OCTOBER 18, 2005 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 31 On December 13, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 5402 C Oxford Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2005 By: j b it, Real Estate Sergeant ZZ:b N' IZ1'J'0SOR n 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 newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared 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#31 SALE 70.31 w. F.ll. ?4Nf+P! ronk"d and knft L 11,1111,W r 1 14ipit or Mcd of load foumv domed as ? 13BGIlVft d PMK said lit 1eforeaoedm 16e fre (e) Drift; (1) m swoa, 210 + 13.07 of tlafocd () 5066 51 dejre, 03 mWaft 22 MOON& Eu, a di 1MM 0176.04 feet (2) Sod kK1 MX* 41 3 169 a 6ftm 2039 43 seeoads EUX a &UM of 8 & 18 (4) S-t 20 des m 41'm? 17 E&K ow 24 00 : feek (5) Soo& so a d"' of 69 &Srm 18 Mkoks 43 wm a ice of 8.00 &0 W me Pow ° from ud d by loads adw of lace of PPW bom Noah". V. . ................. ........ .................. Sworn to and subscribed before me da of February 2006 A.D. 1 NOTARIAL SEAL Terry L. Ru II, Notary Public Gty of Harris rg, Dau County y commi n Expir 6, 2006 Member,Penn vivan7.A. -..__ ... . NOTAKY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PR001,' OF PUBLICATION OF NOTICE I N CUMBERLAND LAW JO U RNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF L11 : COUNTY OF CUMBERLANI) : ss. Lisa Marie Coyne, Es(,sire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly siN?orn, according to law, deposes Lind says that the Cumberland Law Journal, a legal periodical pub] isl,ed in the Borough of Carlisic in the County and State aforesaid, was established January 2, l `- ?2, 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 Counr.V, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 20, 27. cbruary 3, 2006 Affiant further deposes ! i gat he is authorized to verify this statement by the Cumberland Law Journal, a legal periodicai i'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 an?i iiaracter of publication are true. REAL ESTATE SALE NO. 31 Writ No. 2005-3997 Civil Washington Mutual Bank, F.A. vs. Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from sta- tion 210 + 13.07 of Oxford Drive: Marie Coyne, SWO IPTO AND SUBSCRIBED before me this 3 day of _I , ebruary , 2006 Notary SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. No.: 05-3997 CIVIL VS. 3 :..J DANIEL P. FORSLUND ``=_'' -? LAURA L. FORSLUND = ' . AFFIDAVIT PURSUANT TO RULE 3129.1 c - 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: 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 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. DANIEL SCHMIEG, ESQLqkE Attorney for Plaintiff November 9, 2006 WASHINGTON MUTUAL BANK, F.A. V. Plaintiff, DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY DISCOVER BANK, ISSUER OF DISCOVER CARD by its agent DISCOVER FINANCIAL SERVICES, LLC Last Known Address (if address cannot be reasonably ascertained, please indicate) 120 LIMEKILN RD. NEW CUMBERLAND, PA 17070 1993 HUMMER AVENUE CAMP HILL, PA 17011 P.O. BOX 6011 DOVER, DE 19903-6011 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) None 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 6. 2006 yz?? _ j DATE DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff J? 0 th A W N ~r Q ?D 00 v O? LA A W N ?. K .y Z C u 1 z s b m z O ? g O P TI J? ??7 M O ? $ a (7 ?V N am O Q 0 '1 a ? y y)? a o ? ? ' y? S h r LL LLL G• ITI O y V 4/ ? c',$'g? m o c?°r ILA ro O n ? ? f CD a ' J U a 3.- ro 9 0 M ppp -a + O? ? '?? PITNEY HO W[5 00020 21eoyo $ 014sae $ MAILED FROM ZIP CODE 19103 o?z (b K CS. FIR ?-- ?p Da C tA on a' V2 r O b b /v ?x 1tTL2420 roo 00 J Cfi .?''• W r a. a d ;z a ? b o ,° n O n ?_SS ov Y K R o w a R. P? V) =0 M a ? ? ? o ?qq o ? w_ moo ?, o'w ? ?fD fD 0,, a noay?a °o m y ?. w & n ? g y o' ? 2 rn 7 d ? b y ?%'c7 n m o?z ' ? C/1 ? R N ?. A CD z c 3 Q' W W C7?oCt7C n ? r ? ???x oOnnv? oo ? ? O ? ? ??' rn ? o po x It Z A ? o n? ., o ? O w a a CA ? `? cr QrQ Id t?rJ r? rn ** o O° ? n ? b n y O t„y O ? PN 400 dit 'J PITNEV BOWES 02 1M $ 01.900 0004218010 NOV06 2006 • MAILED FROM ZIPCODE 191 03 'A (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P. R. C. P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY No. 05-3997-CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 10/14/05 to JUNE 131 2007 (per diem -$15.22) TOTAL $92,563.05 $9,238.54 and Costs $107,688.59 D IEL SCHMIEG, QUIRE One Penn Center at Sub an Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. w 00 Oz w? w a? z z oW ? ?a a off ? U z Oo z O E-+ c? Oa a x z? ? ~U Q v LLJ C ?l z Oa? w0 W aaa Aa? O w 6 w 0 o~ H ? o w 0t (s, o a? w a ? V ?Zj l I I i I I I i w V V I It. 01- kn W) O O n ? 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LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69,degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot 9103; thence by said Lot 9103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. Premises: 5402 C. Oxford Drive, Mechanicsburg, PA 17055 Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-3997 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., Plaintiff (s) From DANIEL P. FORSLUND, LAURA L. FORSLUND A/K/A LAURA L. MILEY (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 $92,563.05 L.L. Interest FROM 10/14/05 TO 6/13/07 (PER DIEM - $15.22) -- $9,238.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $2,089.08 Other Costs Plaintiff Paid Date: MARCH 14, 2007 Curtis R. Long, Prothonotary (Seal) may: .11 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 PHELAN HALLINAN AND 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 BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997-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: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'L A,j _A4 NIEL C MIEG, QUIRE Attorney for Plaintiff 6,1 ;`,; . WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS DANIEL P. FORSLUND CIVIL DIVISION LAURA L. FORSLUND A/K/A LAURA L. MILEY NO. 05-3997-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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 ,5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK, ISSUER OF P.O. BOX 6011 DISCOVER CARD BY ITS AGENT DOVER, DE 19903 DISCOVER FINANCIAL SERVICES, LLC 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) WASHINGTON MUTUAL BANK, FA 75 NORTH FAIRWAY DRIVE VERNON HILLS, IL 60061 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) LOWER ALLAN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND, PA 17070 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 13, 2007 DATE DANIEL G. SCH G, ESQUIRE Attorney for Plain ' f C?' ??-- ---?" ---t "° : ?" -sl . K;,7 ..i.., _ .: j ?,,? _ ? ,? _ ?- . _ Y,; .. -?- ++e. ?'? 40, WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 March 13, 2007 CUMBERLAND COUNTY No. 05-3997-CIVIL LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92,563.05 obtained by WASHINGTON MUTUAL BANK, F.A. (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. 3. You may also be able to stop the sale through other legal proceedings. I 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 COURTHOUSE CARLISLE, PA 17013 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. Premises: 5402 C. Oxford Drive, Mechanicsburg, PA 17055 Cumberland County Pennsylvania r` ";1 %-' .-,-- _ - M...M ?? ??1 _ 1 ? lam. ?" ?.:? ?_ -^" ?-? _.% 1 `«.. Washington Mutual Bank, F.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Daniel P. Forslund and Laura L. Forslund Writ No. 2005-3997 Civil Term a/k/a Laura L. Miley Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2006 at 1600 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley, by making known unto Laura Forslund personally and wife of Daniel Forslund, at 5402 C Oxford 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. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 0902 hours., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley located at 5402 C Oxford Drive, Mechanicsburg, Cumberland County, 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 defendants, to wit: Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley, by regular mail to their last known address of 5402 C Oxford Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 19.57 Posting bills 15.00 Advertising 15.00 Law Library Prothonotary 1.00 Mileage 19.36 Certified Mail 5.14 Levy 15.00 Surcharge 30.00 Law Journal 449.00 Patriot News 362.66 Share of Bills 15.94 Postpone Sale 20.00 $997.67 V JJI V I C 7 4- s: R. Thomas Kline, Sheriff BY Real Estate ergeant c ? o0 ohs 77v7 /,1 ,y / 70 t WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS DANIEL P. FORSLUND CIVIL DIVISION LAURA L. FORSLUND A/K/A LAURA L. MILEY NO. 05-3997 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLAN TOWNSHIP 120 LIMEKILN RD. AUTHORITY NEW CUMBERLAND, PA 17070 r 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) None 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 21, 2006 DATE DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff 8 E .E d 01 9nv gaol u m? 331?3HS 3k A0 301AJO P, WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND AIWA LAURA L. MILEY Defendant(s). CUMBERLAND COUNTY No. 05-3997 CIVIL July 21, 2006 TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 LAURA L. FORSLUND AIK/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92,563.05 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. Premises: 5402 C. Oxford Drive, Mechanicsburg, PA 17055 Cumberland County Pennsylvania WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From DANIEL P. FORSLUND, LAURA L. FORSLUND A/K/A LAURA L. MILEY (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 $92,563.05 L.L. Interest FROM 10/15/05 TO 12/6/06 (PER DIEM - $15.22) - $6,361.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1076.41 Other Costs Plaintiff Paid Date: JULY 24, 2006 CURTIS R. LONG Prothonot (Seal) 1 B? ?G . //GPL.L/ 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 Real Estate Sale # 15 On August 22, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 5402 C Oxford Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 22, 2006 By: Real Estate Sergeant 8 E 'E d 01 gnn 9001 JAIl 3 H S ? I.? 0 JJ1j 0 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 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 ....................... r 2ef ... ... .... ..!? ........................... COPY Sworn to and subs b a me this 15th da ffN? v SALE #15 COMI18NW EA1?I?N?YIANIA Nal tary Public Citphin County Mys June 6, 2010 Mem ^ ^^`^tinn of Notaries NO Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 is (1) i is 43 20 5 i?+l?r?lli?L7=? in a A?aF?Mi #? ? ti aaaaaaa 43`t a dftft of 800 feet b tit fli*of dree hbee said point of uf V A Ofd 18 min" 43 M to a 1 SWX ad a pater mim" 17 of 67.00 fat to a "we ia #12D which 7Le m etitd porNi6e8Ii 3a P. ue?wasi#k C. Qxkd Dm", Cany?taYiei falio?s: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L'Y'sa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NOTARIAL SEAL v LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 15 Writ No. 2005-3997 Civil Washington Mutual Bank, F.A. vs. Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from sta- tion 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 min- utes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a dis- tance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot # 103; thence by said Lot # 103 and by Lot #102 and a part of Lot # 101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the south- ern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAV- INGS BANK, a Corporation orga- nized under the laws of the Com- monwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cum- berland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057. TITLE TO SAID PREMISES IS VES'T'ED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, re- corded 8-23-02 in Deed Book 253, page 1455. Premises: 5402 C. Oxford Drive, Mechanicsburg, PA 17055, Cum- PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF 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. Court of Common Pleas Plaintiff vs. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley Defendants : Civil Division : Cumberland County : No. 05-3997 Civil Term 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 5, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on October 18, 2005 in the amount of $92,563.05. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 2007. 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. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $87,466.55 Interest Through 6/13/07 12,990.99 Per Diem $15.58 Late Charges 759.17 Legal fees 1,675.00 Cost of Suit and Title 2,107.00 Sheriffs Sale Costs 1,879.58 Property Inspections 0.00 Appraisal/Brokers Price Opimoin 0.00 Mortgage Insurance Premium/Private 115.16 Mortgage Insurance NSF (Non-Sufficient Funds charge) 75.00 Suspense/Misc. Credits 0.00 Escrow Deficit 3,911.02 TOTAL $110,979.47 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. 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 Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 18, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. ?- P?elan Hallman & Sehmieg, LLP By: Miche . Bradfor , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF 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. Court of Common Pleas Plaintiff vs. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley Defendants : Civil Division : Cumberland County : No. 05-3997 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants 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 5402 C Oxford Drive, Mechanicsburg, PA 17055. 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, Defendants 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. 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 A.2d 319, 321 (1958). Chase Home Mortgage rporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). 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. Burns, 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 Defendants 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 Defendants' 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 mortgagors are 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 mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants 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 Sheriffs sale has been requested. V. 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. VI. 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). 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 Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 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. VII. 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. DATE: 411 81D By: Ph a ff&chmieg, LLP Michele U. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 CIVIL DIVISION Plaintiff TERM NO. S- 399 -7 G: v CUMBERLAND COUNTY : DANIEL P. FORSLUND <_ - - LAURA L. FORSLUND C A/K/A LAURA L MILEY c ; 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 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. FEDERMAN ATTORA(I- AND ? PHELA?! ILE y P E pa,,-7 ` o8N Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 , (800)990-9108 We hel. i® 6o er tify t. true 017c, -?, the Ofr, 'A IV ecord NL?,C File #: 120695 PHELAN HALLINAN & SCHMIEG, LLP 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. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff v DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 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 #: 120695 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 #: 120695 I . Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/23/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1769, Page: 2948. By Assignment of Mortgage recorded 08/27/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 689, Page 3493. 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 04/01/2005 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 #: 120695 6. The following amounts are due on the mortgage: Principal Balance $87,466.55 Interest 2,446.06 03/01/2005 through 08/04/2005 (Per Diem $15.58) Attorney's Fees 1,250.00 Cumulative Late Charges 331.82 08/23/2002 to 08/04/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 92,044.43 Escrow Credit -587.56 Deficit 0.00 Subtotal $- 587.56 TOTAL $ 91,456.87 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 91,456.87, together with interest from 08/04/2005 at the rate of $15.58 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP N By: / rands S._Halhnan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 120695 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of Williamsburg North', South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of Williamsburg North', South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. PREMISES: 5402 C OXFORD DRIVE File #: 120695 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 on 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 his 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 falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 's 's DATE: L Exhibit "B" 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 - v Z. - cj-, -i-f WASHINGTON MUTUAL BANK, F.A. -' -,_ 11200 WEST PARKLAND AVENUE CUMBERLAND COUNT ?- MILWAUKEE, WI 53224 COURT OF COMMON cy-) - - Plaintiff, CIVIL DIVISION . NO. 05-3997 CIVIL t ., DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY C. Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO I;z- Q4 ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DANIEL P. FORSLUND and LAURA L. FORSLUND A/K/A LAURA L. MILEY, 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 $91,456.87 Interest from 8/5/05 to 10/14/05 $1,106.18 TOTAL $921,563.05 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown aboyvx and (2) that notice has ben given in accordance with Rule 237.1, copy attached. t. EEL G. CHM , ESQ ., Attorney for Plaintiff DAMAGIA`E HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey Apri117, 2007 Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley 5402 C Oxford Drive Mechanicsburg, PA 17055 RE: Washington Mutual Bank, F.A. vs. Daniel P. Forslund and Laura L. Forslund A/K/A Laura L. Miley Premises Address: 5402 C Oxford Drive, Mechanicsburg, PA 17055 Cumberland County CCP, No. 05-3997 Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by Monday, April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, pleaze be guided accordingly. nPhean our . Bradford, Esquire Hallinan & Schmieg, LLP Enclosure ?O L? t 3Q??d?Z Q©Q `Z?TpzO? Z $ 4 add Wti taa wc ow, 096-00% ??III 'G I V it 4 V N 44 d ? J Q ?a O r, ? 7 O L ? J ? cts r?- aa ?? w O ? t0 Q J Q U1 't7 V ?s y to Z Q M c?f? ? V O S ? O a? 47 ? .R W r C3 N Q> ? i M w coo d C L ti) r1 M G ? v r? ?" N A 1- N r. 804j? 7 ? H r??3 s? V per. ?` '? K O ? p 0 O S' 3 e ? ?> o A 4 ?y ? aL ? O v 0 Y oc a. d T O w v ? ?Q 'w o '^ 0 w R z ,7.. U O N o? z; J Q ? ? 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 unsworn falsification to authorities. o„rF 8 Id ?- Phelan Hallinan & Schmieg, LLP By: Miche e M. 4Braford-, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Plaintiff vs. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 05-3997 Civil Term 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 individuals on the date indicated below. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley 5402 C Oxford Drive Mechanicsburg, PA 17055 DATE: 9 lgl6? - Phelan Halli an & Sc mieg, LLP By: Michele . Bradford, squire Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY SERVE DANIEL P. FORSLUND AT 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY CQS No. 05-3997-CIVIL ACCT. #0049540115 Type of Action - Notice of Sheriff's Sale Sale Date: NNE 13, 2007 Served and made known to b4N I F-L ?• -04S uu N A , Defendant, on the a3 I"d day of jktLAC-14 , 2007 at ,1 ? , o'clock P.m., at 6+Oa C• &<FrQ b t>p A' a K Icsbl f rG Commonwealth of Pennsylvania, in the manner described below: V/ 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 130 Height-516 It Weight 17E Race #- Sex M Other 1, /ttoLl, a competent adult, being duly sworn according to law, depose and state that I personally handed __Rtsly a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. sy V&Ik4 ?T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: / / Time: Vacant 2°d Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 J PATRICIA E. HARRIS ftession Expire? ay? 16, 2008 C3 ? Q ?- o ^c7 r -?z3r 'cl f?' W AFFIDAVIT OF SERVICE COUNTY CUMBERLAND PLAINTIFF WASHINGTON MUTUAL BANK, F.A. No. 05-3997-CIVIL DEFENDANT(S) DANIEL P. FORSLUND LAURA L. FORSLUND ACCT. #0049540115 A/K/A LAURA L. MILEY Type of Action SERVE LAURA L. FORSLUND - Notice of Sheriffs Sale A/K/A LAURA L. MILEY AT 5402 C OXFORD DRIVE Sale Date: JUNE 13, 2007 MECHANICSBURG, PA 17055 . f r SERVED Served and made known to -frig /? - I'9?26 W n Defendant, on the a23 yd day of K10*A , 200? at 901; -o'clock _&.m., at 54-O?t e 0xFoQb AO- , MC?Gl ?nresbu r? , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship 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 3© Height 6 Weight 1-75' Race Sex M Other I, AJ LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. t and subscri" be r hiso d ly of 200 Notary 13y: LEASE A _ EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE Notary Public ATTEMPTED. State of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1s` Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: By; Vacant 2°d Attempt: Time: CQS v2. 3,?_ C D v 'tea s?. wd' `°' A? f l { WASHINGTON MUTUAL IN THE COURT OF COMMON PLEAS OF BANK, F.A., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. DANIEL P. FORSLUND, LAURA L. FORSLUND, A/K/A LAURA L. MILEY, DEFENDANTS NO. 05-3997 CIVIL ORDER OF COURT AND NOW, this 30th day of April, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 21, 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 Defendants file 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, ?ichelle M. Bradford, Esquire Counsel for Plaintiff Aaniel P. Forslund, J Laura L. Forslund, a/k/a Laura L. Miley Defendants bas ?-\, M. L. Ebert, Jr., J. OZ .g WV Z- M LOOZ I j -j-!i -0---nIj PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF 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. Court of Common Pleas Plaintiff VS. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley Defendants : Civil Division : Cumberland County : No. 05-3997 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 21, 2007 was sent to the following individual on the date indicated below. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley 5402 C Oxford Drive Mechanicsburg, PA 17055 DATE: Phelan Hallinan & hmieg, LLP By: M he e M. Br f r , squire Attorney for Plaintiff € s) C 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. Plaintiff vs. Daniel P. Forslund Laura L. Forslund A /K/A Laura L. Miley Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-3997 Civil Term MOTION TO MAKE RULE ABSOLUTE Washington Mutual Bank, F.A., by and through its attorney, Michele M. Bradford, Esquire, 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. A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 10, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEQ LLP Date ir O"Mic?hele'M. Bradft,qi: e Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Plaintiff vs. Daniel P. Forslund Mechanicsburg, PA 17055 Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-3997 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 10, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. , LLP Date N gchele M.'Bradforl , EA Attorney for the Plaintiff Exhibit "A" WASHINGTON MUTUAL BANK, F.A., PLAINTIFF V. DANIEL P. FORSLUND, LAURA L. FORSLUND, A/K/A LAURA L. MILEY, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3997 CIVIL ORDER OF COURT AND NOW, this 301h day of April, 2007, upon consideration of the Motion to Reassess Damages fled by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 21, 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 Defendants file 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, ?*-\, ?AA\ M. L. Ebert, Jr., J. Michelle M. Bradford, Esquire Counsel for Plaintiff Daniel P. Forslund, Laura L. Forslund, a/k1a Laura L. Miley Defendants bas Exhibit "B" C N a PHELAN HALLINAN & SCH IIEG, 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 f*71 S) 1961_7rm Washington Mutual Bank, F.A., Plaintiff Q VS. Daniel P. Forslund Laura L. Forslund ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 05-3997 Civil Term A/K/A Laura L. Miley Defendants x *. CERTIFI ERVICE .... NNW I hereby certify that a true anll;t€o py of our Motion to Reassess Damages noting a Rule Return date of May 21, 2007 was sent to the following individual on the date indicated below. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley 5402 C Oxford Drive Mechanicsburg, PA 17055 DATE: CJ ? elan Hallinan & hmieg, LLP ty: he . B f rldlrd;ts quire Attorney for Plaintiff 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 Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. §4904 r Date relating to the unsworn falsific ' n of authorities. iche e M. Brad ord s wire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Plaintiff vs. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-3997 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley 5402 C Oxford Drive Mechanicsburg, PA 17055 DATE: rMBr an&S e ,LLP B ad for ,Esquire Attorney for Plaintiff r ? --•. _ ? ) - "ll __,. ,. ---i ? 'T ' , ,? ?. ; t ?- 1.3.>> _.., . _,.. ,'l (, , a c ,, :..•? , ? SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. No.: 05-3997-CIVIL VS. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 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: 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 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. . DANIEL SCHMIEG, E IRE Attorney for Plaintiff May 23, 2007 t w £0 t6 t 3000dIZ WONJ C1911VW l ooz t t Am 0 t08 M7000 o96'00 $ M z o r S3MOH A3Nl6d G IMENNOMI? d?ls4d 53???" Q U M U tn ?I W a a U a a O a ?r O 00 ed at U w .? a a O n! V y ? d zoo 2 M o d v O a. a a 9 7 E e e z O a a U Q M f?t H x Q x E-? a Q O o w S?v o .? NL V p y °C a ? 2 9 w .a uc??°o0 o ,o E 9 ??Ey 'O d 9 y w w ? 4 8?vo o E c? 5? Y?Ya o Q' - a N ° 2+ w o o? ? w o ,,, es q 0 0 0 g a or Eve a .a ° y °rn o Cl) 0 ?5 H?a a O eri T E aw v 0 C a z? Z a d W ? h ? z o Q Q •Ny w T o -? N M V v-, ?p l? o0 0? ? Z h a £OL64 9000dIZ WOH-40911VW i L00Z 9LWM 0L0$LZG000 m ZO n 4t v, %F S 9 Awwtsd Awmmo M 'yO ti ?lsoa S31?y a ?I w w 0 F o? > d? y FC N w O .-a b " v, M G c L zao a W1 Co U W ? H /\ Cn CO kn kn w x O wO `= z r ? H H 2 ? u p" z Q Z d W ? W „ v w O o a O O E.., x b H O a 00 z OU d Z d v it is 0 d a U ? W a a A co v O z ? o U U cv W > W a 0 0 ? 0 0 O ? N d ?` A D H Q w ? o 0 0 z I ?L W H Ow ,a W A W w z W ? A F+ ? A 4 Z O w z a ? O dz r 3 "' 0 vi a x Z 0 a W 04 W 0 U A w O W A Q as rJ] 0 Un A W Q U Z d m d U ,-l ? ? I N I cn I ? ? ? r W vi U 7 w M 0 rn o Q o W ca ? a. A H O Q Q W ?.a a N 00 0 0 Q aq Q W w z N•?H. ag ? O E G u N 'ea u '^ G ? ? w o u ? o o a F ? W E V ? ? w V ? ?j Q O uz O•p a Q a .?CCpy •? F O O ? o$ ? 5 c cH.3 04. g°N` 0 C r ? O? G a _ o At w o z p ?a oT m z„ WASHINGTON MUTUAL BANK, F.A. V. Plaintiff, DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997-CIVIL Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., 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 ,5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS AGENT DISCOVER FINANCIAL SERVICES, LLC Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 6011 DOVER, DE 19903 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) WASHINGTON MUTUAL BANK, FA 75 NORTH FAIRWAY DRIVE VERNON HILLS, IL 60061 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) LOWER ALLAN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND, PA 17070 1993 HUMMER AVE. CAMP HILL, PA 17011 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , May 23, 2007 DATE AG. SCHMIEG, ESQU Attorney for Plaintiff t? > ? ?'-i T ?._ -' ---? .? -i :"5't h? 7 . t.?. ,' ?.., ?. .. `ri c,.. ? C 7 ?IAY SO 20"7y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. Plaintiff VS. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley Defendants AND NOW, this 16 ( day of Court of Common Pleas Civil Division : Cumberland County : No. 05-3997 Civil Term ORDER , 2007, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the writ of execution nunc pro tunc as follows: Principal Balance $87,466.55 Interest Through 6/13/07 12,990.99 Per Diem $15.58 Late Charges 759.17 Legal fees 1,675.00 Cost of Suit and Title 2,107.00 Sheriffs Sale Costs 1,879.58 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private Mortgage Ins. 115.16 NSF (Non-Sufficient Funds charge) 75.00 'V!MV/9,kSN,1 d ? l : I I WV I -Nnr LODZ Abvi(;I a HLUti -Id, ":IIHI 34 30th-40-0311J Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 6/13/07 through the date of sale at six percent per annum. 0.00 3,911.02 $110,979.47 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: ?% % 7A J. 120695 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF 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. Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Daniel P. Forslund No. 05-3997 Civil Term Mechanicsburg, PA 17055 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the June 1, 2007 Order was sent to the following individuals on the date indicated below. Daniel P. Forslund Laura L. Forslund A/KJA Laura L. Miley 5402 C Oxford Drive Mechanicsburg, PA 17055 DATE: Q L Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Uhelan Hallinan & Sc ieg, LLP B _ chele .Bad ord, Esquire Attorney for Plaintiff a c z :; , _ ?;. Fv ? ?? ? c? w `?-? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffls Deed in which Washington Mutual Bank F A is the grantee the same having been sold to said grantee on the 3rd day of Oct A.D., 2007, under and by virtue of a writ Execution issued on the 14th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3997, at the suit of Washiington Mutual Bank F A against DAniel P Forslund Laura L Forslund aka Luara L Miley is duly recorded as Instrument Number 200739581. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this J to day of A.D. Ix? Recorder of Duds. Cumbedmd County, CWW. PA * C*M*sion hires the First Monday of Jan. 2010 Recorder of Deeds I r Washington Mutual Bank, F.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Daniel P. Forslund and Laura L. Forslund Writ No. 2005-3997 Civil Term a/k/a Laura L. Miley Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1959 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley, by making known unto Daniel P. Forslund, personally and husband of Laura L. Forslund a/k/a Laura L. Miley, at 5402 C Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1334 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley, located at 5402 C Oxford Drive, Mechanicsburg, Cumberland County, 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 defendants, to wit: Daniel P. Forslund and Laua L. Forslund a/k/a Laura L. Miley, by regular mail to their last known address of 5402 C Oxford Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of April 5, 2007 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 October 3, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Washington Mutual Bank, F.A.. It being the highest bid and best price received for the same, Washington Mutual Bank, F.A., of 7301 Baymeadows Way, Jacksonville, FL 32256, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1178.27. Sheriffs Costs: Docketing $30.00 Poundage 23.11 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 455.00 Patriot News 392.45 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 1178.27 So Answers: - R. Thomas Kline, Sheriff BY Real Est Sergeant E Lo 1,7-1 ?'•- jggGy'? U? y WASHINGTON MUTUAL HANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., 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,5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK, ISSUER OF P.O. BOX 6011 DISCOVER CARD BY ITS AGENT DOVER, DE 19903 DISCOVER FINANCIAL SERVICES, LLC 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) WASHINGTON MUTUAL BANK, FA 75 NORTH FAIRWAY DRIVE VERNON HILLS, IL 60061 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) LOWER ALLAN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND, PA 17070 6. Naive 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 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 13, 2007 DATE DANIEL G. SCH G, ESQUIRE Attorney for Plain WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s). CUMBERLAND COUNTY No. 05-3997-CIVIL March 13, 2007 TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A J 7013, to enforce the court judgment of $92,563.05 obtained by WASHINGTON MUTUAL BANK, F.A. (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 properly. 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 CARLISLE, PA 17013 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69,degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North", South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North:, South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot 4101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot # 120 thence by Lot # 120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAVINGS BANK, a Corporation organized under the laws of the Commonwealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and. recorded August 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Volume 32, Page 32. Being Parcel # 13-24-0791-057 TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. Premises: 5402 C. Oxford Drive, Mechanicsburg, PA 17055 Cumberland County Pennsylvania • __ A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-3997 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., Plaintiff (s) From DANIEL P. FORSLUND, LAURA L. FORSLUND A/K/A LAURA L. MILEY (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 $92,563.05 L.L. Interest FROM 10/14/05 TO 6/13/07 (PER DIEM - $15.22) -- $9,238.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $2,089.08 Other Costs Plaintiff Paid Date: MARCH 14, 2007 Curtis R. Long, Prothonotary (Seal) 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 ELI Real Estate Sale # 98 On March 19, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 5402 C Oxford Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 19, 2007 By: J4, Real Estate Sergeant a" :G'i d S i 6VIN L6, 0 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27, May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. a Mari e Coyne, itor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 SEAL U L0!e E. "'AYDER, islotary Public Gnro, Gumi)erl{xn,dl County ^,s klarch ), 2009 REAL. ESTATE SALE NO. 98 Writ No. 2005-3997 Civil Washington Mutual Bank, F.A. VS. Daniel P. Forslund and Laura L. Forslund a/k/a Laura L. Miley Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from sta- tion 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 min- utes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a dis- tance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of "Williamsburg North;, South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of "Williamsburg North", South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot # 103; thence by said Lot # 103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the south- ern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. BEING THE SAME PREMISES which THE GERMANTOWN SAV- INGS BANK, a Corporation organized under the laws of the Common- wealth of Pennsylvania conveyed unto Suzanne Reeder by deed dated August 22, 1986 and recorded Au- gust 29, 1986 in the Recorder's Office in and for Cumberland County, PA in Record Book D, Vol- ume 32, Page 32. Being Parcel # 13-24-0791-057. TITLE TO SAID PREMISES I5 VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, re- corded 8-23-02 in Deed Book 253, page 1455. Premises: 5402 C. Oxford Drive, Mechanicsburg, PA 17055, Cum- 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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 i`or said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#98 .................. .... ... .... . . ......................... Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Nutariai Seal Terry L Russell, Notary Public City Of burg, uphin County WCorry fission p' June 6, 2010 e ber, P .n a ASSC)GIat10 f ries N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washing 7301 Ba, Mailstop Mutual Bank, F.A. adow Way b 3182 FL 32256 Plaintiff Daniel P. I Laura L. F 5402 C Ox vs. Drive PA 17055 Defendants Court of Common Pleas Civil Division Cumberland County No.: 05-3997 CIVIL STIPULATION And Now, this Fourth day of May, 2009 it is hereby agreed by and between Washington Mutual Banc, F.A., (hereinafter "Plaintiff') by and through its counsel, Joseph P. Schalk, Esquire, an Daniel P. Forslund'(hereinafter "Defendant") by and through their attorney, Michael S. ravis, Esquire, as follows: Plaintiff filed a Mortgage Foreclosure Action against Defendants on August 8, 2005; Plaintiff entered a Default Judgment against Defendants on October 18, 2005; W1 EREAS, pursuant to a Writ of Execution, the subject property at 5402 C Oxford Drive, Mechanicsburg, PA 17055 (hereinafter "the Property") was sold to Plaintiff at the Cumberland County Sheriff's Sale held on October 3, 2007; under a separate action, Plaintiff filed a Complaint in Ejectment at No. 2007-62601; , Defendants filed an Answer, New Matter and Counterclaim in the Ejectment Action; and the parties desire to resolve the issues raised by Defendants' Answer, New Matter and AN THEREFORE, each in consideration of promises to others to be legally bound, the parties agree as follows: 1. The Sheriff's Sale of October 3, 2007 to Plaintiff is hereby set aside. 2. The Sheriff's Deed transferring title of the Subject Property to Plaintiff, recorded at Instrume t #200739581 is hereby stricken from the record. 3. The Recorder of Deeds is hereby directed to accept a certified copy of this Order and further directed to strike the-aforementioned Sheriff's Deed from the record. 4. The parties agree that the Plaintiff may immediately file a Writ of Execution upon the existing judgment in the instant Foreclosure Action. 5. Plaintiff and Defendants agree to file a Joint Praecipe to Discontinue and End the pending Eje tment Action without prejudice and Dismiss the Counterclaim with prejudice. 6. The foregoing represents the true and complete agreement between the parties and y, amendment or extension hereof shall not be valid, unless in writing, signed by all signatories to this agreement. 7. This stipulation may be executed in counterparts. 1JdLe Jos ph Schalk, Esquire A rneys for Plaintiff ichae S. Travis, Esquire Attorney for Defendants s/a/? R LED-C, OF THr, P-1 2UM MAY 27 Pi I - if I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., 7301 Baymeadow Way Mailstop Jaxb 3182 Jacksonville, FL 32256 Plaintiff VS. Daniel P. Forslund Laura L. Forslund 5402 C Oxford Drive Mechanicsburg, PA 17055 Defendants Court of Common Pleas Civil Division Cumberland County No.: 05-3997 CIVIL ORDER AND NOW this 'Q day of ' 2009, the attached Stipulation is hereby made an Order of Court and it is hereby ORDERED and DECREED; (1) The Sheriff's sale of October 3, 2007 to Plaintiff is hereby set aside; and (2) The Office of the-Recorder of Deeds for Adams County shall strike the Sheriff's Deed at Instrument #200739581. (3) The Recorder of Deeds for Cu copy of this Order for recording. a certified FlLEO--O? FICE OF THE RR.07--IONO- TARP 2009 JUN 10 AM 11 - 55 tollo/09- Cori kc M-tit LL -.? pJ-? l?1.`TagocS PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s) NO. 05-3997 CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/14/2007 ($18.24 per diem) $110,979.47 $19,790.40 TOTAL $130,769.87 } Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 120695 w a a "' o d n ? o a a > Qu C's ? pp ? 4 ? r" ? 04 p Cw U W 0 U0 U 3 l a0¢ WU a0? U to x x z N U C ? G N U d m )W) ,. a W W W a z O 01 W (/? N?00001ke)?- M MtM-. 00 0 a ? ? Q [U7 MNN????MM O? tOzpON a ?O ?p p 00 O M N D\ N N O o ozv'zo?ooM,?? o 0 c oz Oa w ?zzz? °•v o d ?? ozz azzb ?i Q O c a ro -6 -6 z z z oo z -6.6 ti O o" cr U EO ? ? ?a Q,W o.W???z? °'Q'o Q o•W Pik ,.a?^ 3w ? ow'?www?w? ??WW a? 4.4 F. O._ O zr wan o 0 oaic? a 0 ;,atiEn .?a>tiadtiU?,Ud dk% LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (5) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of 'Williamsburg North', South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of 'Williamsburg North', South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot # 103 and by Lot # 102 and a part of Lot # 101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot # 120 thence by Lot # 120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. PREMISES BEING: 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0791-057 To OF Tv 38 40 ttn.o? « qax g,? qq h try i jjB- a1 N 55.50 .. (].00 N ?5.DO v5. 00 o 15.00 N 46-00 Pp ?3,33q•35 cc rig Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 05-3997 CIVIL : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled falsification to authorities. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? L wrence T. Phelan, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn FLED-OFFIGE oF THE PnoTHONOTARY 2009 DEC -7 AM 10= 13 PE"YLV WASHINGTON MUTUAL BANK, F.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. DANIEL P. FORSLUND NO. 05-3997 CIVIL LAURA L. FORSLUND A/K/A LAURA L. MILEY CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK, ISSUER OF DISCOVER P.O. BOX 6011 CARD BY ITS AGENT DISCOVER FINANCIAL DOVER, DE 19903-6011 SERVICES, LLC. DISCOVER BANK, ISSUER OF DISCOVER 804 WEST AVENUE CARD BY ITS AGENT DISCOVER FINANCIAL JENKINTOWN, PA 19046 SERVICES, LLC. CIO: EDWARD STOCK, ESQUIRE Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP 1993 HUMMER AVENUE CAMP HILL, PA 17011 LOWER ALLEN TOWNSHIP LOWER ALLEN TOWNSHIP C/O: STEVEN P. MINER, ESQUIRE 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 1035 MUMMA ROAD; SUITE 101 WORMLEYSBURG, PA 17043 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare YORKTOWN VILLAGE CONDOMINIUM ASSOCIATION 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1009 BETHLEHEM PIKE SPRING HOUSE, PA 19477 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.A. § 4904 relating to unsworn falsification to authorities. ? December 3, 2009 Rv? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP D L ence T. Phelan, Esq., Id. No. 32227 ran cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 D Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 D Lauren R. Tabas, Esq., Id. No. 93337 D Vivek Srivastava, Esq., Id. No. 202331 D Jay B. Jones, Esq., Id. No. 86657 D Peter J. Mulcahy, Esq., Id. No. 61791 D Andrew L. Spivack, Esq., Id. No. 84439 D Jaime McGuinness, Esq., Id. No. 90134 D Chrisovalante P. Fliakos, Esq., Id. No. 94620 D Joshua 1. Goldman, Esq., Id. No. 205047 D Courtenay R. Dunn, Esq., Id. No. 206779 D Andrew C. Bramblett, Esq., Id. No. 208375 FIIED -O TICE C- ?NE p -)TH()'vflTAi Y 2445 DEC -7 Ali 10: 13 WUNW WASHINGTON MUTUAL BANK, F.A. VS. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO. 05-3997 CIVIL DANIEL P. FORSLUND CUMBERLAND COUNTY LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 "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, 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 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $110,979.47 obtained by WASHINGTON MUTUAL BANK, F.A. (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 05-3997 CIVIL WASHINGTON MUTUAL BANK, F.A. vs DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY owner(s) of property situate in the Lower Allen Township, Cumberland County, Pennsylvania, being (Municipality) 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 Parcel No. 13-24-0791-057 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $110,979.47 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (5) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of 'Williamsburg North', South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of 'Williamsburg North', South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot # 103; thence by said Lot # 103 and by Lot # 102 and a part of Lot # 101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. PREMISES BEING: 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0791-057 RLED-OiFICE JE THE MTHONOTARY 2009 DEC -7 AM 10: 14 LW&. - i; % I i -1 , ? PEt YLVA4A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From DANIEL P. FORSLUND, LAURA L. FORSLUND a/k/a LAURA L. MILEY (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 $110,979.47 L.L. Interest from 6/14/07 ($18.24 per diem) -- $19,790.40 Atty's Comm % Due Prothy $2.00 Atty Paid $3,339.35 Plaintiff Paid Date: 12/7/09 Other Costs (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 .r AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY SERVE DANIEL P. FORSLUND AT: 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY rs C PHS # 120695 ; C=' -n `n -4 fr rri n SERVICE TEAM/ iin cw ^ ' clI COURT NO.: 05-3997 X- a? rn TYPE OF ACTION tv ? XX Notice of Sheriffs Sale a SALE DATE: 06/02/2010 -` - SERVED Served and made known to DANIF4- P. Fit/ZS LuND, Defendant on the 496*day of 204 0 , at 4:2'2 o'clockb M., at §4o2 a 00d" ? r jAf gAMK150''6t Alin the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: La Description: Age 30 S Height _9'6 ' Weight 1-7 S Race Sex 4l Other I, 'Q uM& 4 d t.-L , 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 sub *bed before me this 9WL day of I , 200 0. Not • y: On the day of , 200, at KIMBERLY CURTY NOTARY PUBLIC STATE OF NEW JERSEY USSION EXPIRES MARCH 7, 2013 NOT SERVED o'clock _. M., Defendant NOT FOUND because: Vacant Bad Address _ Moved No Answer Service Refused Other: Sworn to and subscribed before me this day of By: Notary: Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Rom m, Esq., Id. No. 58745 Sheets R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 V ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. N. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivaek, Esq., Id. No. 84439 Jahne McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fhakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Cour knay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblctt, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 Iv AFF AVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WASHINGTON MUTUAL BANK, F.A. DEFENDANT DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY SERVE LAURA L. FORSLUND A/K/A LAURA L. MILEY AT: 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 SERVED PHS # 120695 n a , SERVICE TEAM/ An -n --4 - w`-- M co rn Fn COURT NO.: 05-3997 CIV - TYPE OF ACTION ' XX Notice of Sheriffs Sale ;?'Cj rrn i SALE DATE: 06/02/2010 N p Served and made known to LAVAM L. F6 RSLVND , Defendant on the 20+day of _ l/!/AA--4 20(0 , at 4:27, o'clock-P. M., at 5402 a OXAMr bQ 1 k1rpc4Q,nlCS&96,!?in the manner described below: - Defendant personally served. _V Adult family member with whom Defendant(s) reside(s). Relationship is 13A7NBA?N b - Adult in charge of Defendant'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 office or usual place of business. - an officer of said Defendant's company. Other: Y Description: Age A ,? s Height Weight 11 S Race 14 Sex AA Other I, I?Q7u LD /t/ L-L- , 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 subsc 'bed KIMBERLY CURTY before me this day of 20(10. NOTARY PUBLIC STATE OF NBW EMY Not By: NWcPWjjI0N EXPIRES S MARCH 7, 2013 NOT SERVED On the day o , 200, at o'clock _. M., Defendant NOT FOUND because: Vacant Bad Address - No Answer Service Refused Other: Sworn to and subscribed before me this day By: Notary: Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmie8, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrissovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Couclenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambletl, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUE FRUIT Legal Ass' tant, 1276 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Fax 215-568-7616 No. 05-3997 CIVIL, Re: WASHINGTON MUTUAL BANK, F.A. VS. DANIEL P. FORSLUND, and LAURA L. FORSLUND A/K/A LAURA L. MILEY No. 05-3997 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/02/2010 Sheriff Sale.** 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. Very truly yours, By: Phelan Hallinan & Schmieg, LLP SUE FRUIT, Legal Assistant cc: Sheriff of CUMBERLAND County F1LED-:> FK-,E 0IF THc Rq" f '?NIOTAPY 2010 APR 26 AM 9: 4 4 Cl1MF.? i :;!DU PEN1N 't1 V,aa raj Representing Lenders in Pennsylvania and New Jersey PHS # 120695 reasonably ascertained, please indicate) 6. LOWER ALLEN TOWNSHIP LOWER ALLEN TOWNSHIP LOWER ALLEN TOWNSHIP C/O: STEVEN P. MINER, ESQUIRE Lower Allen Township c/o Steve P. Miner, Esquire 1993 HUMMER AVENUE CAMP HILL, PA 17011 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 1035 MUMMA ROAD; SUITE 101 WORMLEYSBURG, PA 17043 P.O. Box 6300 Harrisburg, PA 17110-0300 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 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 Yorktown Village Condominium Association 1009 Bethlehem Pike Spring House, PA 19477 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.A. § 4904 relating to unswom falsification to authorities. , , _ By: Attorney for P intiff Phelan Halli an & S hmieg, LL ? Lawrenc T. Phelan, sq., I o. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 hrisovalante P. Fliakos, Esq., Id. No. 94620 ET-Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WASHINGTON MUTUAL BANK, F.A. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. DANIEL P. FORSLUND NO. 05-3997 CIVIL LAURA L. FORSLUND A/K/A LAURA L. MILEY CUMBERLAND COUNTY Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Name 2. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Household Finance Consumer Discount Company Household Finance Consumer Discount Company c/o Beth Arnold Howell, Esquire 2700 Sanders Road Prospect Height, IL 60070 401 Technology Drive, Suite 202 Cannonsburg, PA 15317 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK, ISSUER OF DISCOVER P.O. BOX 6011 CARD BY ITS AGENT DISCOVER FINANCIAL DOVER, DE 19903-6011 SERVICES, LLC. DISCOVER BANK, ISSUER OF DISCOVER 804 WEST AVENUE CARD BY ITS AGENT DISCOVER FINANCIAL JENKINTOWN, PA 19046 SERVICES, LLC. C/O: EDWARD STOCK, ESQUIRE Name and address of every other person who has any record lien on the property: Name Address (if address cannot be IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s) CIVIL DIVISION . No. 05-3997 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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 Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto FXh' it `A" I Date: i? 122 10 U LaV*G. T. helan, Esq., I . No. 32227 ? FraH linan, Esq., I . No. 62695 ? Da Sc ieg, Es , d. No. 62205 ? Michele M. Bra , Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 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. PHS # 120695 1 N - E' ?£ LL °ry Cotsi 3003dfZWONd037MW. Ec- s00Z 1700-:30 9SZL['Z17000 a ? ? ? ooz.tro $ wi z0 S3PAOQ 3M"d 0 E _m a rn ?6 v dS? y mvm CL n!b ga ,. a m v r w w 0' fi A ?? .sue U) U) `0$v? _u to eg U U v°S%Ew S 2 z Z `1.W w 0: g w 39 W) i J U U o mu °bm U) O ??? 0 D co O Z Z N so.E s N w W N 0 C9 ? $?az_? ,` QQw = 2 Ta m 4m c? F- - t W y ?• L na. } } z M f- n t o 'ts ?e p W u,? ? m a E a- C) C °v to U. 5 0 w00 fig, o ? O O. t7 0 .- 00 U C; .9 ? 4.? E? mr?v? >Q,? m c m M ?-? ?Nw N aco WD r-Tw oo ,. . r wo .. m ? W. CD Y ?- to '. w?' m Ill.- 0 ;.. ZR aZ% 0L JS oN.: °1 y U ° o? lz Mz,e- - z zOr._QZ? tiWY?J N?ao> ?' Qo0 c c 4- -- 4- T Ow ?wo3°o3wo 3w t:OE 06 f° W o dv- ct ?.Y t-Sao>iOazoza ooz a a& c N mQ m j00 .. 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W u F LU u E o u u a ._ ? v T m v H o. o y ? E Ta ? o cl o tO ? r'I E y I c m a ?p E A a v ? do a ,ou E .Q t: > m>o u p 0 0 0 Q r + .Q a O vi U W ? r V O t V . a S o o _u o u o m y 7 O W 4 . O T o e.?.E yr o - a yrn A c X20' a w E = u ' v O a i ..? ? - . H A u ? ' In QF a F w° O N w O d E ;, zo a a ?E o0 e E `U 4 K y w V ? 40 ca ° o A ?4 .? W F ?a W z .; w F ? v ?N o ? r? rr •n ?o 00 v? ° o F 4 '"1 ~Pe°'"~rt~ r i' - t., ~ s ~,~'r. r " ~ ~ t;. U [ 1 ~.+ `~~ `• '.~ ..,}} ,fl~yy ._~ r, E i. i t 'J I L ii e'4 Yi PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: VIVEK SRIVASTAVA, ESQUIRE ATTORNEY I.D. NO. 202331 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division DANIEL P. FORSLUND CUMBERLAND County LAURA L. FORSLUND Defendants No. OS-3997 CIVIL TERM EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF`S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a two month postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff s Sale of the mortgaged property known as 5402 C Oxford Drive, Mechanicsburg, PA 17055 involved herein has been scheduled for October 6, 2010. 2. Plaintiff wishes to postpone the Sheriff sale in accordance with a voluntary "moratorium" on foreclosures sales. The purpose of said moratorium is to hopefully avoid the necessity of the foreclosure and allow for a possible workout of the default. 3 Unless the court grants this order to postpone the Sheriff sale, the Plaintiff will have to re-advertise the property in furtherance of Pa.R.C.P. 3129.2 which will result in additional costs to the parties. 120695 4. A brief postponement of the Sheriff's Sale will not prejudice Defendants and will, in fact, inure to their benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to December 8, 2010. PHELAN AN & SCHMIEG, LLP VIVEK S ASTAVA, ESQUIRE ATTORNEY FOR PLAINTIFF 120695 PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: VNEK SRNASTAVA, ESQUIRE ATTORNEY I.D. NO. 202331 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. DANIEL P. FORSLUND LAURA L. FOR5LUND Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. OS-3997 CNIL TERM PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice, a Sheriffs Sale of the mortgaged premises known as 5402 C Oxford Drive, Mechanicsburg, PA 17055 has been scheduled for October 6, 2010. However, a two month postponement is requested in observance of the foreclosure moratorium. Inasmuch as the postponement will inure to the benefit of the Defendants, Defendants will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a two month continuance of the Sheriffs Sale of the mortgaged premises to the December 8, 2010 sale. RESPEC ULLY SUBMITTED: PHEL LINAN & SCHMIEG, LLP VNE ASTAVA, ESQUIRE ATTORNEY FOR PLAINTIFF 120695 VERIFICATION Vivek Srivastava, Esquire, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriff's Sale 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: October 4, 2010 VIV ASTAVA, ESQUIRE ATTORNEY FOR PLAINTIFF 120695 PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: VIVEK 5RTVASTAVA, ESQUIRE ATTORNEY I.D. NO. 202331 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. DANIEL P. FORSLUND LAURA L. FORSLUND ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County Defendants No. OS-3997 CIVIL TERM CERTIFICATION OF SERVICE I, Vivek Srivastava, Esquire, hereby certify that a copy of the Emergency Motion for Postponement of Sheriff's Sale, Memorandum of Law in Support thereof, and Certification of Service has been sent to the individuals indicated below on October 4, 2010: DANIEL P. FORSLUND LAURA L. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 VTVEK SAiOASTAVA, ESQUIRE ATTORNEY FOR PLAINTIFF 120695 ~-~! ~-+~ ~~-~~~~ OCT 052010 Gr T,~r j,'~ ~i~'~+~TA~Y ~~'~!~~~;~ -~ ~'~`m fit: ~ WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. DANIEL P. FORSLUND LAURA L. FORSLUND Defendants Court of Common Pleas Civil Division CUMBERLAND County No. OS-3997 CNIL TERM ORDER AND NOW, this ~ day of October, 2010, after consideration of Plaintiffls Emergency Motion for Postponement of Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the said sale of 5402 C Oxford Drive, Mechanicsburg, PA 17055, is hereby extended two months to the regularly scheduled Sheriffls Sale dated December 8, 2010. No further advertising or additional notice to lienholders or Defendants is required. However the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: a ~~ cc: ~ivek Srivastava, Esquire llDaniel P. Forslund ~~Laura L. Forslund ~,~2umberland 1 ounty Sheriff 120695 =1,~0~ 7f 'SHERIFF'S OFFICE OF CUMBERLANDFgW# OF c"* Ronny R Anderson T H 'r 7 -' if j ' TARY Sheriff 2D I D DEC -6 3 5 Jody S Smith ° ?? "o n Chief Deputy *t"IBERLAINM CMITY F,17 ?i€6j,3 1 a?e1i Richard W Stewart A Solicitor Washington Mutual Bank, F.A. V& Daniel P Forslund (et al.) Case Number 2005-3997 SHERIFF'S RETURN OF SERVICE 04/09/2010 02:38 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1437 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel P. Forslund & Laura L. Forslund, located at 5402 C Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/16/2010 05:53 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/16/10 at 1753 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Laura L. Forslund, by making known unto, Daniel P. Forslund, Spouse, at, 5402 C Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/16/2010 05:53 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/16/10 at 1753 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit:Daniel P. Forslund, by making known unto, Daniel P. Forslund, personally, at, 5402 C Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same 06/01/2010 Property sale postponed to 9/8/2010. 09/01/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010 10/06/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 12/03/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 12/3/10. SHERIFF COST: $715.70 December 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 7?4 ? 5.-l dv (07 CountySwe Shenff. T-eleo=oft. In- WASHINGTON MUTUAL BANK, F.A. Plaintiff. .4 v. ' DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997 CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Pmecipe for the Writ of Execution was filed, the following information concerning the real property located at 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 2. 1. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK, ISSUER OF DISCOVER P.O. BOX 6011 CARD BY ITS AGENT DISCOVER FINANCIAL DOVER, DE 19903-6011 SERVICES, LLC. DISCOVER BANK, ISSUER OF DISCOVER 804 WEST AVENUE CARD BY ITS AGENT DISCOVER FINANCIAL JENKINTOWN, PA 19046 SERVICES, LLC. C/O: EDWARD STOCK, ESQUIRE Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP LOWER ALLEN TOWNSHIP 1993 HUMMER AVENUE CAMP HILL, PA 17011 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 ?LOWERALLEN-TOWNSHIP 1035-MUMMA ROAD; -SUITE-101 C/O: STEVEN P. MINER, ESQUIRE WORMLEYSBURG, PA 17043 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 Address (if address cannot be ' reasonably ascertained, please indicate) a None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare YORKTOWN VILLAGE CONDOMINIUM ASSOCIATION 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1009 BETHLEHEM PIKE SPRING HOUSE, PA 19477 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.A. § 4904 relating to unworn falsification to authorities. December 3, 2009 BV: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? L ence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 . Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS - Plaintiff CIVIL DIVISION VS. NO. 05-3997 CIVIL DANIEL P. FORSLUND CUMBERLAND COUNTY LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 "THIS 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, 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 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 is scheduled to be sold at the Sheriffs Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $110,979.47 obtained by WASHINGTON MUTUAL BANK, F.A. (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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may-be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 05-3997 CIVIL WASHINGTON MUTUAL BANK, F.A. VS. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY owner(s) of property situate in the Lower Allen Township, Cumberland County, Pennsylvania, being (Municipality) 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 Parcel No. 13-24-0791-057 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $110,979.47 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (5) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of 'Williamsburg North', South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of 'Williamsburg North', South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the comer in common with Lot # 103; thence by said Lot # 103 and by Lot # 102 and a part of Lot # 101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot # 120 thence by Lot # 120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. PREMISES BEING: 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0791-057 WASHINGTON MUTUAL BANK, F.A. VS. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO. 05-3997 CIVIL : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DANIEL P. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 "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, 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 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 is scheduled to be sold at the Sheriffs Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $110,979.47 obtained by WASHINGTON MUTUAL BANK, F.A. (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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court.to set aside the sale if the bid price was grossly inadequate compared to the value of your property. - -- 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 05-3997 CIVIL WASHINGTON MUTUAL BANK, F.A. vs. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY owner(s) of property situate in the Lower Allen Township, Cumberland County, Pennsylvania, being (Municipality) 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 Parcel No. 13-24-0791-057 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $110,979.47 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (5) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of 'Williamsburg North', South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of 'Williamsburg North', South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot # 103 and by Lot # 102 and a part of Lot # 101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot # 120 thence by Lot # 120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which Plan is recorded in Plan Book 26, Page 47. TITLE TO SAID PREMISES IS VESTED IN Daniel P. Forslund and Laura L. Forslund, husband and wife, by Deed from Suzanne Reeder, single woman, dated 8-23-02, recorded 8-23-02 in Deed Book 253, page 1455. PREN USES BEING: 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055 PARCEL NO. 13-24-0791-057 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From DANIEL P. FORSLUND, LAURA L. FORSLUND a/k/a LAURA L. MILEY (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 $110,979.47 L.L. Interest from 6/14/07 ($18.24 per diem) -- $19,790.40 Atty's Comm % Due Prothy $2.00 Atty Paid $3,339.35 Plaintiff Paid Date: 12/7/09 Other Costs (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER PLAZA 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered, 5402 C Oxford Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 B: Rea Estate Coordinator OE :8 V 11 330 b001 ? ? dd 'AlN(i?_, J d31233NS aN o PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2006-3997 Civil Washington Mutual Bank, F.A. / Loa Marie Coyne, VS. / Daniel P Forslund SWO TO AND SUBSCRIBED before me this Laura L Forslund a/k/a Laura L. Miley 0 da of Aril 2010 Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 05-3997 CIVIL, WASHINGTON MUTUAL BANK, F.A. vs. DANIEL P. Notary FORSLUND, LAURA L. FORSLUND A/K/A LAURA L. MILEY, owners of property situate in the Lower Allen Township, Cumberland County, Pennsylvania, being 5402 C OX- FORD DRIVE, MECHANICSBURG, NOTARIAL SEAL PA 17055. DEBORAH A COLLINS Parcel No. 13-24-0791-057. Notary Public Improvements thereon: RESIDEN- CARLISLE BOROUGH, CUMBERLAND COUNTY TIAL DWELLING. MY COI ft8I0n Expires Apr 2B 2014 JUDGMENT AMOUNT: $110,979- , .47. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the patriot News Now you know CARLISLE PA 17013 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she 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 This ad ran on the date(s) shown below: Writ No. 2005-3997 civil Term 04116110 shington Mutual Bank, F.A. V 04J23/10 s. Daniel P Forslund 04130/10 T Laura L Forslund aWa Laura L. Miley Atty. Daniel G Schmieg `. . . . . . . . .... . L , By virtue of a Writ of Execution NO. 05-3997 ; CIVIL WASHINGTON MUTUAL BANK, F.A. Sworn to and subscribed before me.this 18 day. of May, 2010 A. D. Vs. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. ' e t =? _ ?__ MILEY Notary Public Owner(s) of property situate in the Lower Allen Township, Cumberland County, Pennsylvania, being 5402 C OXFORD DRIVE, 17055 COMMr3iyyyEq j (? l MECHANICSBURG, PA PENNSYLVANIA Parcel No. 13-24-0791-057 Notarial Seal Sherrie L. Kismet N (Acreage or street address) improvements thereon: RESIDENTIAL , otary Public MY Camm? Twp•, Dauphin County ' DWELLING JUDGMENT AMOUNT: es Nov. 16, 2011 Member Penn ?Wr Pennsylva i $110,979.47 n a Association pf Notaries C_-: C-) C ' PHELAN HALLINAN,LLP Attorney for Plaintiff _U Adam H.Davis,Esq.,Id.No.203034 U) ;: c7 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza x"' o-r )> Philadelphia,PA 19103 CD 215-563-7000 l> -- --i C:) `s7 IN THE COURT OF COMMON PLEAS p W` OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE COURT OF COMMON PLEAS CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A CIVIL DIVISION WASHINGTON MUTUAL BANK,FA Plaintiff, No.: 05-3997 CIVIL V. DANIEL P.FORSLUND LAURA L.FORSLUND A/K/A LAURA L.MILEY Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party 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 Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".� Adam H.Davis,Esq.,Id.No.203034 V Attorney for Plaintiff Date: 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. PHS#120695 Name and Phelan Hallinan,LL.P Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza z Philadelphia,PA 19103 AZK/GNM-06/05/2013 SALE Line ArticleNumber Name of Addressee Street and Post Office Address Posta e I **'« TENANT/OCCUPANT $0.44 4_ 5402 C OXFORD DRIVE a a ml MECHANICSBURG PA 17055 2 *•"" DISCOVER BANK $0.44 6500 NEW ALBANY ROAD e;ato NEW ALBANY,OH 43054 a os o � l 3 "«* DISCOVER BANK $0.44 w PO BOX 60.11 a „t!► DOVER DE 19403 v� It s 4 ««** DISCOVER BANK CIO Edward Stock,ESQUIRE 50.44 0{ 804 WEST AVENUE ► ,,CO JENKINTOWN PA 19046 °C9 5 **"* Household Finance Consumer Discount Company $0.44 2700 Sanders Road is Pros ct Hci bt,1L 60070 6 "*** Household Finance Consumer Discount Company C/O Beth Arnold Howell,ESQUIRE 50.44 1405 MCFARLAND ROAD PITTSBURGH PA 15216 Ay 7 ***" Household Finance Consumer Discount Company C/O M&T BANK,GARNISHEE $0.44 �.. I WEST HIGH STREET CARLISL PA 17013 8 ""*" Household Finance Consumer Discount Company C/O PNC BANK,NATIONAL ASSOCIATION, $0.44 - GARNISHEE 2730 LIBERTY AVENUE • PITTSBURGH PA 15222 9 '*`* Lower Allen Township Authority 40 50.44 120 Limekiln Road New Cumberland PA 17070 10 * «* Lower Allen Township Authority C/O Steven Paul Miner,ESQ4IRE SOA4 635 N 12TH STREET STE 101 LEMOYNE PA 17043 RE{iD A t021110M 1 :Team.,..,,.. $4.40 Taal Numbs of Total Namba orPieas Postmaster.Pa(Name of The full&clammn ofraloe is npoirsd m all domestic and im—stiau)mgistund—it.the maximum m&e ftity payAk K ax tdsicd br Sl nda Radsed at Pon 0lrK* Rene—s Employs) for the reconstmaim of nw"gotiabk documeno undo Exp m Mail documcm woostsum-ins uanu is S30.000 pea plea 9ublea to a lino of SSW,000 per eeeumna the tnsaimm inAettuiry payable m Fxpeess Mad matdunfix a ssoo. } The maximum ndamnay payable a$25,000 for n6acmd—it,sem Kith optional vnutance.See Domenic Mul Manual 8900 5913 and 5921 to limitatims ofmtragt. Form 3877 Facsimile • U 'Name and Phelan Hailinan,LLP Address 1617 JFK Boulevard,Suite 1400 t Of Sender One Penn Center Plaza Philadelphia,PA 19103 AZK/GNM-06/0512013 SALE Line Article Number Name of Addressee Street and Post Office Address POSLA e Y Lower Allen Township Authority CIO Steven Paul Miner,ESQUIRE 50.44 :Xr 103S.MUMMA ROAD 00 v SUITE 101 n c WORMLEYSBURG PA 17043 W � 2 ***' Domestic Relations of $0.44 ° k Cumberland County 13 North Hanover Street Carlisle,PA 17013 " 0 3 **"* Commonwealth of Pennsylvania �A4 o ta5 Department of Welfare P.O.Box 2675 w�o Harrisburg,PA 17105 4 *'** Internal Revenue Service Advisory 50.44 1000 Liberty Avenue Room 704 ' ,, �,--•- ��� Pittsburgh,PA 15222 5 '*** U.S.Department of Justice , SON44'.. U.S.Attorney for the Middle District of PA Federal Building 228 Walnut Street,Suite 220 PO Box 11754 Harrisburg,PA 17108-1754 w 9 .*** 10 **** 11 **** 14 **** b 15 •war 9�tlfEts4'eF01t3UMBERIr�ND#PHS'MtiS0695pOZ1 of=21tfbW9^ifapm $2.20 i c Tout Numb"of Tout Number of Pscas Postmaster,Pa CN of The full dedArwon of%-Oat is ral M on all domestic and h4emriand re jalm l matt,The m.nmmn iode mly parable Net"U$W by sema Rcmvod st Poa ate Reww t Eaployee) fa the mcarttbuetim of n000ttoolmt dwommu tmda Exrm;t,tsii doe t*re o mwum imaranw is$40,000 pa pica mbjtd to a limit of$500.000 per ootwrcnte.The aue' indemnity Pa vWe oa E p'm Mail mcrcbmdim is 5300. The e*aximom indemnity p*yaWe is$2S000 for setistmtd ond,scat wA optional inserattee.See 6ameok Mail Manual R900 5913 and$921 fa limilauaas of co era e Form 3877 Facsimile Phelan Hallinan, LLP Jonathan M. Etkowicz; Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhall.inan.com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. CS CUMBERLAND CounIR DANIEL P. FORSLUND --0-r �CV ::= r; LAURA L. FORSLUND No.: 05-3997 CIVIL - A/K/A LAURA L. MILEY 'J C) o-n . Defendants :r Z:o c,n PLAINTIFF'S MOTION TO REASSESS DAMAGES 5 uri * -�. ° Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and.in support thereof avers the following: 1, Plaintiff commenced this foreclosure action by filing a Complaint on August 5, 2005. 2. Judgment was entered on October 18, 2005 in the amount of$92;563.05. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Plaintiff filed a prior motion to reassess damages which was granted by court order dated June 1, 2007 amending the judgment to $110,979.47. A true and correct copy of the order is attached hereto, made part hereof; and marked as Exhibit"B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 1.20695 which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the.time of entry of the judgment. 5. The Property is listed for Sheriffs Sale on June 5, 2013. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $87,466.55 Interest Through February 28, 2013 $45,482.88 Late Charges $331.82 Legal fees $2,350.00 Cost of Suit and Title $4,054.76 Sheriffs Sale Costs $3,953.55 Property Inspections $590.40 Property Preservation $1,588.95 Appraisal/Brokers Price Opinion $2,149.80 Non Sufficient Funds Charge $75.00 Escrow Deficit $26,109.00 TOTAL $174,152.71 7. A copy of Plaintiff's escrow breakdown,redacted to remove private information, is attached hereto,made part hereof, and marked as Exhibit"C". 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terns of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 10. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 15, 2013 and 120695 requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M.L Ebert, Jr entered an order for Motion to Reassess Damages dated June 1, 2007 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: Z3 /3 By:- J than M. Etkowicz, Esquire TTORNEY FOR PLAINTIFF 120695 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DANIEL P. FORSLUND LAURA L. FORSLUND No.: 05-3997 CIVIL A/K/A LAURA L. MILEY Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DANIEL P. FORSLUND and LAURA L. FORSLUND A/K/A LAURA L. MILEY 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 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055. The Mortgage indicates that in the event of 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, Defendants 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 Sheriff s Sale. 120695 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 Defendants credit for .monthly payments tendered through bankruptcy, if any. II. 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 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the fight of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). 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 120695 Company v. Burns,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 Defendants 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 Defendants' 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 mortgagors are 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 s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 120695 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants 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. V. 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. 120695 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense.search, entry of judgment;the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney 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). 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). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Real , 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 120695 VII. COST OF-SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to.recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 120695 VIII. PROPERTY INSPECTIONS AND.PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the.borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled: If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood.- Accordingly, line items.included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with.the terms of the mortgage contract. 120695 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. 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 Hallinan,LLP DATE: Za -3 By: Jo an?(4. 9tkowicz, Esquire A orney for Plaintiff 120695 Exhibit "A" 120695 PHELAN HALLINAN&SCHMIEG,L.L.P. By: DANIEL G.SCHMIEG Identification No.62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOAN F.KENNEDY BLVD.,SUITE 1400 PHILADELPHIA,PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK,F.A. c 11200 WEST PARKLAND AVENUE CUMBEI2LAND COUNTY'• MILWAUKEE,WI 53224 COURT OF COMMON PUAS Plaintiff, CIVIL DIVISION V. NO. 05-3997 CIVIL DANIEL P.F'ORSLUND LAURA L.F'ORSLUND A/K/A LAURA L.MILEY QQ 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 DANIEL:P.FORSLUND: andi LAURA.L.FORSLUND A/K/A LAURA L.MII,EY 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 forth in Complaint $91,456.87 Interest from 8/5/05 to 10/14/05 $1,106.18 TOTAL $92,563.05 A I hereby certify that(1)the addresses of the Plaintiff and Defendant(s)are as shown:abo., (2)that notice has been given in accordance with Rule 237.1,copy attached. Aal IEL G. CHMI ,ESQU r Attorney for Plaintiff DAMAGWAE HEREBY ASSESSED AS INDICATED. DATE: PRO FROTHY Exhibit "B" 120695 IPI'TO CO,V ' -O)!COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA. Washington Mutual Bank;F.A, Court of Cotninbn'.P,leas Plaintiff` Civil Division VS. Cumberland County Darrel P.Eorslurid No.05-399;7 Civil Terirr LauraL Forslund_A/K/ALaura;L..Miley Defendants ORDER AND NOW,this day o 2007,upon cotisideratroit of P]ainfiffs lvfoti n to Makc Rule Absolate it.is hereby bkr)P-ED and DECREED;ahatahe Rufe'entered •upon Defendant..shall be'and is htreby.made.ahsolute;and PlaintifPs:Nlot on'to=Reassess Damage§in-the above captained maiteris hereby GRANTED. 1?he-Ptbthonotary is,ordered to "arriend'the:judgment nnd'the Wrft:of.execution nunc p ro.tunc'as follows: Priincipal Balance 'S'0,466:55 Intefest; brough'6/13:/07 12;990199. Per Diem X1:5:58 ,Late Charges: '759117 Legal.fees 3;;675;.00 Cost ofSUit and.Title 2,1.07.00 Sheriff's Sale Costs 1879.58 ;Property Inspections AppraisaUB.rokers:Price.Opinion 'Mortgage;Ins.Premiuni&ivate,lvlortgagc7ns_ 1'15.16 NSF(Non-Sufficient Funds ieharge) 75.00 (.201015 Suspense/Misc.Credits 0:00. Escrow Deficit 3.911.02 TOTAL $110,979.47 Plus interest from 5/13/07 through the date of sale at six.percent per annum. Note: The above figure is not a payoff quote. Sheri ffs commission is not included in the above figure. BY THE COURT: : . 0 J. 120695 1 S i Exhibit "C" 120695 Escro,%N, Transaction History August 23,2002 to May 10,2013 Date Description Amount Balance 08/23/02 Initial Escrow Deposit $382.79 $382.79 10/01/02 Payment $186.21 $569.00 11/14/02 Payment $186.21 $755.21 11/21/02 Mortgage Insurance -$178.05 $577.16 12/17/02 Payment $186.21. $763.37 01/03/03 Mortgage Insurance -$59.35 $704.02 01%15/03 Mortgage Insurance $186.21 $890.23 02/05/03 Payment -$59.35 $830.88 02/17/03 Mortgage Insurance $186.21 $1,017.09 03/04/03 Payment -$59.35 $957.74 03/14/03 Mortgage Insurance $186.21 $1,143.95 04/04/03 Payment -$59.35 $1,084.60 04/05/03 City Tax -$353.08 $731.52 04/16/03 Payment $186.21 $917.73 05/02/03 Mortgage Insurance -$59.35 $858.38 05/16/03 Payment $186.21 $1,044.59 06/03/03 Mortgage Insurance -$59.35 $985.24 06/16/03 Payment $186.21 $1,171.45 07/05/03 Mortgage Insurance -$59.35 $1,112.10 07/24/03 Homeowner's Insurance -$252:00 $860.10 07/29/03 Village Tax -$921:60 -$61.50 08/02/03 Mortgage Insurance -$59.35 -$120.85 08/11/03 Payment $186.38 $65.53 08/28/03 Payment $186.39 $251.92 09/04/03 Mortgage Insurance -$59.35 $192.57 10/02/03 Mortgage Insurance -$58.75 $133.82 10/13/03 Payment $186.39 $320.21 10/31/03 Payment $186.39 $506.60 11/04/03 Mortgage Insurance -$58.75 $447.85 12/02/03 Mortgage Insurance -$58.75 $389.10 01/03/04 Mortgage Insurance -$58.75 $330.35 01/26/04 Payment $186.39 $516.74 O 1/26/04 Payment $186.39 $703.13 01/26/04 Payment $186.39 $889.52 02/03/04 Mortgage Insurance -$58.75 $830.77 03/04/04 Mortgage Insurance -$58.75 $772.02 03/25/04 City Tax -$417.22 $354.80 Date Description Amount Balance 03/31/04 Payment $186.39 $541.19 04/02/04 . Mortgage Insurance -$58.75 $482.44 04/29/04 Payment $186.39 $668.83 04/29/04 Payment $186.39 $855.22 05/04/04 Mortgage Insurance -$58.75 $796.47 06/01/04 Payment $186.39 $982.86 06/02/04 Mortgage Insurance -$58.75 $924.11 07/02/04 Mortgage Insurance -$58.75 $865.36 07/23/04 , Payment $186.39 $1,051.75 07/23/04 ! Payment $196.58 $1,248.33 08/02/04 Payment Reversal -$196.58 $1,051.75 08/02/04 Payment Reversal -$186.39 $865.36 08/03/04 Mortgage Insurance -$58.75 $806.61 08/04/04 Homeowner's Insurance -$315.00 $491.61 08/10/04 Village Tax -$930:73 -$439.12 08/24/04 Payment $196.58 4242.54 08/24/04 : Payment $196.58 -$45.96 08/24/04 ' Payment $196.58 $150.62 08/31/04 Payment Reversal -$196.58 -$45.96 08/31/04 Payment Reversal -$196.58 4242.54 08/31/04 Payment Reversal -$196.58 4439.12 09/03/04 Mortgage Insurance -$58.75 -$497.87 09/24/04 Payment $196.58 4301.29 09/24/04 Payment $196.58 -$104.71 10/02/04 Mortgage Insurance -$58.20 -$162.91 11/02/04 Mortgage Insurance -$58:20 -$221.1.1 11/15/04 Payment $196.58 -$24.53 11/15/04 . Payment $196.58 $172.05 12/03/04 Mortgage Insurance -$58.20 $1 13.85 01/04/05 Mortgage Insurance -$58.20 $55.65 01/21/05 Payment $196.58 $252.23 01/21/05 Payment $196.58 $448.81 01/21/05 Payment $196.58 $645.39 01/21/05 Payment $196.58 $841.97 02/02/05 : Mortgage Insurance -$58.20 $783.77 03/03/05 Mortgage Insurance -$58:20 $725.57 04/02/05 Mortgage Insurance 458.20 $667.37 04/05/05 City Tax -$455.77 $211.60 05/03/05 Mortgage Insurance $58.20 . $153.40 05/23/05 Payment $196.58 $349.98 05/23/05 Payment $196.58 $546.56 Date Description Amount Balance 06/03/05 Mortgage Insurance -$58.20 $488.36 06/30/05 Payment $157.40 $645.76 07/02/05 Mortgage Insurance -$58.20 $587.56 08/02/05 Mortgage Insurance -$58.20 $529.36 08/16/05 Village Tax -$1,023.59 -$494.23 08/16/05 . Homeowner's insurance -$373.00 -$867.23 09/02/05 Mortgage Insurance -$58.20 -$925.43 10/04/05 Mortgage Insurance -$57.58 -$983.01 11/02/05 Mortgage Insurance -$57.58 -$1,040.59 12/02/05 Mortgage Insurance -$57.58 -$1,098.17 01/04/06 Mortgage Insurance -$57.58 -$1,155.75 02/02/06 Mortgage Insurance -$57.58 -$1,213.33 03/02/06 Mortgage Insurance -$57.58 -$1,270.91 04/04/06 Mortgage Insurance. -$57.58 -$1,328.49 04/08/06 City Tax -$476.15 -$1,804.64 05/02/06 Mortgage Insurance -$57.58 -$1,862.22 06/02/06 Mortgage Insurance -$57.58. -$1,919.80 07/05/06 Mortgage Insurance -$57.58 -$1,977.38 08/02/06 Mortgage Insurance -$57.58 -$2,034.96 08/04/06 Homeowner's Insurance -$475.00 -$2,509.96 08/17/06 Village Tax -$1,055.58 -$3,565.54 09/02/06 Mortgage Insurance -$57.58 -$3,623.12 10/03/06 Mortgage Insurance -$57.58 -$3,680.70 11/02/06 Mortgage Insurance -$57.58 -$3,738.28 12/02/06 Mortgage Insurance -$57.58 -$3,795.86 O1/11/07 Mortgage Insurance -$57.58 -$3,853.44 02/15/07 Mortgage Insurance -$57.58 -$3,911.02 03/14/07 Mortgage Insurance -$57.58 -$3,968.60 04/05/07 City Tax -$502.85 -$4,471.45 04/11/07 Mortgage Insurance -$57.58 -$4.,529.03 05/11/07 Mortgage Insurance -$57.58 -$4,586.61 06/12/07 Mortgage Insurance -$57.58 -$4,644.19 07/10/07 Mortgage Insurance -$57.58 -$4,701.77 08/15/07 Mortgage Insurance -$57.58 -$4,759.35 08/18/07 Village Tax -$1,087.56 -$5,846:91 09/20/07 Mortgage Insurance -$57.58 -$5,904.49 11/06/07 Homeowner's Insurance -$907.00 -$6,811.49 11/06/07 Other Insurance -$60.00 -$6,871.49 12/06/07 Homeowner's Insurance -$145.00 -$7,016.49 04/15/08 City Tax -$488.58 -$7,505.07 08/21/08 Village Tax -$1,119.55 -$8,624.62 Date Description Amount Balance 10/01/08 Homeowner's Insurance -$907.00 -$9,531.62 10/01/08 Other Insurance -$60.00 -$9,591.62 04/14/09 City Tax -$554.06 410,;145.68 08/17/09 School Tax -$1,130.21 -$11,275.89 10/05/09 Other Insurance -$60.00 -$11,335.89 10/05/09 Homeowner's'lnsurance -$907.00 -$12,242.89 10/15/09 Insurance Refund $900.00 -$11,342.89 02/10/10 Insurance Refund $636.00 -$10,706.89 02/11/10 Insurance Refund. $7.00 -$10,699.89 03/22/10 Homeowner's Insurance -$271.00 -$10,970.89 03/22/10 Homeowner's Insurance -$636.00 -$11,606.89 04/06/1.0 City Tax -$554.02 -$12,160.91 05/21/10 Homeowner's Insurance -$1,296.00 -$13,456.91 08/17/10 School Tax -$1,131.28 -$14,588.19 01/18/11 Homeowner's Insurance -$1,296.00 -$15,884.19 04/12/11 . City Tax -$528.95 -$16,413.14 08/16/11 Village Tax -$1,135.13 -$17,548.27 09/02/11 Mortgage Insurance -$2,821.42 -$20,369.69 10/28/11 Mortgage Insurance -$57.58 420,427.27 11/19/11 Mortgage Insurance -$57.58 -$20,484.85 12/17/11 Mortgage Insurance -$57.58 -$20,542.43. 01/18/12 Homeowner's Insurance -$1,200.00 -$21,742.43 01/19/12 Mortgage Insurance -$57.58 -$21,800.01 02/17/12 Mortgage Insurance 457.58 -$21,857.59 03/20/12 Mortgage Insurance -$57.58 -$21,915.17 04/03/12 Township Tax -$528.95 -$22,444.12 04/18/12 Mortgage Insurance 457.58 -$22,501.70 05/15/12 Mortgage Insurance -$57.58 $22,559.28 06/20/12 Mortgage Insurance -$57.58 -$22,616.86 07/21/12 Mortgage Insurance -$57.58 -$22,674.44 08/15/12 School Tax -$1,172.97 -$23,847.41 08/18/12 Mortgage Insurance -$57.58 -$23,904.99 09/18/12 Mortgage Insurance 457.58 -$23,962.57 10/17/12 Mortgage Insurance -$57.58 -$24,020.15 11/20/12 Mortgage Insurance -$57.58 -$24,077.73 12/15/12 Mortgage Insurance -$57.58 -$24,135.31 01/18/13 HoineovAner's Insurance -$1,137.00 -$25,272.31 01/18/13 Mortgage Insurance -$57.58 -$25,329.89 02/08/13 Mortgage Insurance -$57.58 -$25,387.47 03/22/13 Mortgage Insurance -$57.58 -$25,445.05 03/28/13 Township Tax -$606.37 -$26,051.42 Date Description Amount Balance 04/22/13 Mortgage Insurance -$57.58 -$26,109.00 Ending Escrow Balance as of May 10,2013 -$26,109.00 Exhibit "D" 120695 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 s Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 15, 2013 DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L.MILEY 5402 C OXFORD DRIVE MECHANICSBURG,PA 17055 RE, WASHINGTON MUTUAL BANK, F.A. v.DANIEL P.FORSLUND and LAURA L. FORSLUND,A/K/A LAURA L. MILEY Premises Address: 5402 C OXFORD DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 05-3997 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment:Please respond to me within'5 days, by 5/21/2013.. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. r" ::.:tko. .". Esq., Id.No.208786 ffi ey for Plaintiff i Enclosure 120695 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza os Philadel ha, 19103 K'VM Line Article Number Name of Address Street and Post Office Address Posta 1 I "'•� DANIEL P.FORSLVND 50.46 Q LAURA L.FORSLUND C > 5402 C OXFORD DRIVE +b9— MECHANICSBURG PA 17055 RE:DANIEL P.FORSLUND CUMBERLAND PHS 4 12069511200 Page 1 of 1 S0.46 ^f�= Tdaf Number of Tdd Ntnnba of pkeet fbslmatter,Par(Nam of The full dalamion of s-21w if roquirtd on d1 danatk and im"wimul regwaai mail, - Pistr uma dby stnda Retti+cd at Pau Olrrce 8eseiving Emptgax) for the tttrortaawionofM w8Miabk dasumrnu uWle£Et;ltett Mwl doeument rooulutn vices tabjcawalimit ar5500A!04M'R Oesunsncc.7tls mazimmnfndemnhYpayatlk an ;dl?t.Y` The matimum ia&wm y psyabk it S23,0D0 for'reestcral mail,um with 000ml iosum 89005913 mid 5921 far limitaiimu ofm 1..., Form 3877 Facsimile . I I 120695 j i Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 WASHINGTON MUTUAL BANK,F.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DANIEL P. FORSLUND LAURA L. FORSLUND No.: 05-3997 CIVIL A/K/A LAURA L. MILEY : Defendants 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 individuals on the date.indicated below. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 Phelan Hallinan,LLP DATE: )123113 By: Jona an tkowicz,Esquire A ORNEY FOR PLAINTIFF 120695 WASHINGTON MUTUAL BANK, F.A. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL P. FORSLUND, LAURA L. FORSLUND A/K/A LAURA L. MILEY, DEFENDANTS NO.05-3997 CIVIL ORDER OF COURT AND NOW, this 28TH day of May, 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before June 17, 2013; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. /Jonathan M. Etkowicz, Esquire Attorney for Plaintiff cm rncu m M niel P. Forslund ,..-'Laura L. Forslund ro > CZ) a/k/a Laura L. Miley r—;4: ---q Defendants <c-j --j-- X>C-�� CD Z: 5C: bas _ s iRO HO B0 TAk Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 2013 ju _7 Am 1OA1'ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA justin.kobeski@phelanhallinan.com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. • Court of Common Pleas • Plaintiff . Civil Division • vs. • CUMBERLAND County • DANIEL P. FORSLUND LAURA L. FORSLUND • No.: 05-3997 CIVIL • A/K/A LAURA L. MILEY Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 29, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DANIEL P. FORSLUND LAURA L. FORSLUND A/K!A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG,PA 17055 Phelan Hallinan, LLP DATE: @ /45/43 BY: AP14111111r Justin/✓. Kobeski, Esq., Id.No.200392 Atto ey for Plaintiff 120695 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County DANIEL P. FORSLUND LAURA L. FORSLUND No.: 05-3997 CIVIL A/K/A LAURA L. MILEY Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on May 24, 2013 in the above referenced action. Phelan Hall* DATE: By: lliso . Zuc rman, Esq.,Id.No.309519 A ey f r Pla*u Cl � y C —07 N ff.'s --i CD ZZ—T-1 D� Mm C)-ri C:) 120695 r Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County DANIEL P. FORSLUND LAURA L. FORSLUND No.: 05-3997 CIVIL A/K/A LAURA L. MILEY Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. DANIEL P. FORSLUND LAURA L. FORSLUND 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 Phe an Halli n, DATE: By : 7 Zuckerman,Esq.,Id.No.309519 ey for Plaintiff 120695 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson y s FYI, �ry Sheriff of �r�rtrrt�� - ! #�t '� a Jody S Smith Chief Deputy Richard W Stewart * p p r Solicitor OFFICE OF THE SHERIFF PEIMSYLVANIA JP Morgan Chase Bank, NA Case Number vs. Daniel P Forslund (et al.) 2005-3997 SHERIFF'S RETURN OF SERVICE 04/03/2013 01:28 PM -Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 5402 C Oxford Drive, Lower Allen Township, Mechanicsburg, PA 17055, Cumberland County. 04/03/2013 01:28 PM -Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Daniel P Forslund at 5402 C Oxford Drive, Lower Allen Township, Mechanicsburg, PA 17055, Cumberland County. 04/03/2013 01:28 PM -Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be DANIEL FORSLUND- HUSBAND, who accepted as"Adult Person in Charge"for Laura L Forslund at 5402 C Oxford Drive, Lower Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/05/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 07/29/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 09/30/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $857.12 SO ANSWERS, October 01, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleesoft,Inc. PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMorgan Chase Bank, National Association, As Attorney In Fact For The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/K/A Washington Mutual Bank, FA Plaintiff V. Daniel P. Forslund Laura L. Forslund a/k/a Laura L. Miley Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/14/2013 to Date of Sale ($18.24 per diem) TOTAL Note: Please attach description of property. PH # 614870 COURT OF COMMON PLEAS • : CIVIL DIVISION : NO.: 05-3997 CIVIL : CUMBERLAND COUNTY $1 10,979.47 $9,813.12 $120,792.59 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 139,6.5o PD frrrl S8.40 ear 16. op " 56.50 4 4.00 15.00 " 15. oo 15. co " L(5.00 I. ca4.co c50 " tg8-50 " W1.51 di qqq. tOrl " 1,118. Al " 7t5, rlo 851. ba " 4,(416.10ri -Pb A-rrf a.a6 bue_ lus5coi 01- 30769-3 gE Lorii-utud IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 DANIEL P. FORSLUND . Debtor CASE NO. 1:13-bk-04273 MDF ORDER DISMISSING CASE Following a hearing on confirmation of Debtor's First Amended Chapter 13 Plan and Debtor having been ordered to appear and show cause why his case should not be dismissed, with Debtor having failed to appear, it is hereby: ORDERED that the above -captioned case is DISMISSED. Date: April 23, 2014 By the Court, Case 1:13-bk-04273-MDF Doc 46 Filed 04/23/14 Entered 04/23/14 13:57:58 Desc Main Document Page 1 of 1 District/Off: 0314-1 Case: 1:13—bk-04273—MDF Notice Recipients User: CGambini Form ID: pdf010 Date Created: 4/23/2014 Total: 36 Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: 4363596 Lower Allen Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf@usdoj.gov tr Charles J. DeHart, III (Trustee) TWecf@pamdl3trustee.com aty Jerome B Blank pamb@fedphe.com aty John Matthew Hyams jmh@johnhyamslaw.com aty Steven P. Miner sminer@dzmmlaw.com TOTAL: 1 TOTAL: 5 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Daniel P. Forslund 5402 Oxford Drive C Mechanicsburg, PA 17055 cr Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 4363605 Amsher Collection 600 Beacon Pkwy We Suite 300 Birmingham, AL 35209 4363597 Anne K. Fiorenza, Esq. Assistant U.S. Trustee P.O. Box 969 Harrisburg, PA 17108-0969 4363598 Berks Cc P.O. Box 329 Temple, PA 19560 4363599 Bureau of Employer Tax Oper P.O. Box 68568 Harrisburg, PA 17106 4435802 CHASE RECORDS CENTER ATTN: CORRESPONDENCE MAIL MAIL CODE : LA -4-5555 700 KANSAS LANE MONROE, LA 71203 4374995 Cavalry SPV I, LLC 500 Summit Lake Drive, Ste 400 Valhalla, NY 10595 4363600 Chase Mortgage 3415 Vision Drive Columbus, OH 43219 4364358 Citizens Bank 443 Jefferson Blvd RJW135 Warwick RI 02886 4363601 Household Finance PO Box 1547 Chesapeake, VA 23327 4363602 Internal Revenue Service PO Box 7346 Philadelphia, PA 19101-7346 4418343 Lower Allen Township 2233 Gettysburg Road Camp Hill, PA 17011 4421475 Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 4363603 Medicredit 1801 California Ave Corona, CA 92881 4363604 Midland Funding 8875 Aero Dr Suite 200 San Diego, CA 92123 4363606 Office of Attorney General Financial Enforcement Section Harrisburg, PA 17120 4363607 Office of the U.S. Trustee P.O. Box 969 Harrisburg, PA 17108-0969 4363608 PA Department of Revenue Department 280946 Attn: Bankruptcy Division Harrisburg, PA 17128-0946 4367723 PALISADES COLLECTION, LLC VATIV RECOVERY SOLUTIONS LLC, DBA SMC AS AGENT FOR PALISADES COLLECTION, LLC PO BOX 40728 HOUSTON TX 77240-0728 4423308 PPL Electric Utilities 827 Hausman Road Allentown, PA 18104 4398499 Pennsylvania Department of Revenue Bankruptcy division, P 0 Box 280946 Harrisburg P A 17128-0946 4363609 Phelan Hallinan &Schmieg 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 4363610 Rec Mgm Sys PO Box 17305 Richmond, VA 23226 4363611 Santander PO Box 961245 Fort Worth, TX 76161 4366466 Santander Consumer USA Po Box 560284 Dallas, TX 75356 4363612 Tones Crdit 27 Fairview Carlisle, PA 17013 4363613 U.S. Department of Justice P.O. Box 227 Ben Franklin Station Washington, DC 20044 4363614 United States Attorney P.O. Box 11754 Harrisburg, PA 17108-1754 4363615 Verizon 500 Technology Dr Suite 300 Weldon Spring, MO 63304 TOTAL: 30 Case 1:13-bk-04273-MDF Doc 46-1 Filed 04/23/14 Entered 04/23/14 13:57:58 Desc PDF - All Chatty: Notice Recipients Page 1 of 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A. : Court of Common Pleas Plaintiff : Civil Division VS. Daniel P. Forslund Laura L. Forslund A/K/A Laura L. Miley Defendants AND NOW, this ).34 day o : Cumberland County : No. 05-3997 Civil Term ORDER , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the writ of execution nunc pro tunc as follows: Principal Balance Interest Through 6/13/07 Per Diem $15.58 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non -Sufficient Funds charge) $87,466.55 12,990.99 759.17 1,675.00 2,107.00 1,879.58 0.00 0.00 115.16 75.00 12.0695 Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 3,911.02 $110,979.47 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COUR : J. 120695 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 (Iti JUN r CUMBER Attorneys for Plaintiff JPMorgan Chase Bank, National Association, As Attorney In Fact : COURT OF COMMON PLEAS For The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/K/A Washington Mutual Bank, FA : CIVIL DIVISION Plaintiff v. Daniel P. Forslund Laura L. Forslund a/k/a Laura L. Miley Defendant(s) CERTIFICATION : NO.: 05-3997 CIVIL Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: 1W° Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff C) L c_� COrri rr -2.17 C� JPMorgan Chase Bank, National Association, As Attorney In Fact For The Federal Deposit Insurance Corporation As Recttiver Of Washington Mutual Bank F/K/A Washington 1tutual Bank, FA Plaintiff v. Daniel P. Forslund Laura L. Forslund a/k/a Laura L. Miley Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 05-3997 CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association, As Attorney In Fact For The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/KJA Washington Mutual Bank, FA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5402 C Oxford Drive, Mechanicsburg, PA 17055-8307. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Daniel P. Forslund 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 Laura L. Forslund a/k/a Laura L. Miley 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 2. Name and address of Defendant(s) in the judgment: Name Daniel P. Forslund Laura L. Forslund a/k/a Laura L. Miley Address (if address cannot be reasonably ascertained, please so indicate) 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 r n 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Household Finance Consumer Discount Company Household Finance Consumer Discount Company CIO Beth Arnold Howell, Esquire Household Finance Consumer Discount Company C/O M&T Bank, Garnishee Household Finance Consumer Discount Company C/O PNC Bank, National Association, Garnishee PH # 614870 2700 Sanders Road Prospect Height, IL 60070 1405 Mcfarland Road Pittsburgh, PA 15216 1 West High Street Carlisle, PA 17013 2730 Liberty Avenue Pittsburgh, PA 15222 Discover Bank Discover Bank Discover Bank CIO Edward Stock, Esquire JPMorgan Chase Bank, National Association, Attorney In Fact For The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/K/A Washington Mutual Bank, FA RBS Citizens N.A. RBS Citizens N.A. C/0 James C. Warmbrodt, Esquire Lower Allen Township 6500 New Albany Road New Albany, OH 43054 PO Box 6011 Dover, DE 19903 804 West Avenue Jenkintown, PA 19046 As 7301 Baymeadows Way Mail Stop Jaxb3182 Jacksonville, FL 32256 480 Jefferson Boulevard Warwick, RI 02886 Weltman, Weinberg & Reis, CO., L.p.a. 436 Seventh Ave Ste 1400 Pittsburgh, PA 15219 2233 Geetysburg Road Camp Hill, PA 17011 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township Authority C/O Steven Paul Miner, Esquire Lower Allen Township Authority C/0 Steven Paul Miner, Esquire Lower Allen Township Authority 635 N 12th Street Ste 101 Lemoyne, PA 17043 1035 Mumma Road Suite 101. Wormleysburg, PA 17043 120 Limekiln Road New Cumberland, PA 17070 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 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 Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 PH # 614870 Domestic Relations of Cumberland County ' Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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.A. § 4904 relating to unsworn falsification to authorities. Date: (7zcfie By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 614870 JPMorgan Chase Bank, National Association, As Attorney In : COURT OF COMMON PLEAS , Fact to The Federal Deposit Insurance Corporation As Receiver : T)f Washington Mutual Bank F/K/A Washington Mutual Bank, : CIVIL DIVISION FA : NO::'05-3997 CIVIL Plaintiff : • C) rm r."..7 vs. : Cumberland County•= a'.2. —1 -0 M -c- = -rt ra co c..._ r -n Daniel P. Forslund Laura L. Forslund a/k/a Lauta L. Miley (/) r- N.) 73 r- t _.< D 7—.1 Defendant(s) .< cp 3,,,, C) --1-1 7'' C–) X. - .- — NOTICE OF SHERIFF'S SALE OF REAL PROPERTY D '-7,-- • • -4 ' •-•< ---1 ..-.< TO: Daniel P. Forslund Laura L. Forslund a/k/a Laura L. Miley 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 **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, THIS IS TOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENTtOF A LIEN AGAINST PROPERTY.** Your house (real estate) at 5402 C Pxford Drive, MechaniCsburg, PA 17055-8307 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:06 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court jifdgMerit of $110,979.47 obtained by JPMorgan Chase I3ank, National Association, As, Attorney In Fact For The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/KJA Washington Munial Bank, FA (the moregagee) 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. NO-TICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS gHERIFF'SISALE To prevent this Sheriffs Sale, you must take immediate 1. The sale will be canceled if you ayto 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 x1230. 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.) SHORT DESCRIPTION By virtue of a Writ of Execution No. 05-3997 CIVIL JPMorgan Chase Bank, National Association, As Attorney In Fact For The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/K/A Washington Mutual Bank, FA v. Daniel P. Forslund Laura L. Forslund a/k/a Laura L. Miley owner(s) of property situate in the LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5402 C Oxford Drive, Mechanicsburg, PA 17055-8307 Parcel No. 13-24-0791-057. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $110,979.47 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, said point being referenced in the following five (e) courses and distances from station 210 + 13.07 of Oxford Drive; (1) South 51 degrees 03 minutes 22 seconds East, a distance of 76.04 feet, (2) South 20 degrees 41 minutes 17 seconds East, a distance of 39.00 feet, (3) North 69 degrees 18 minutes 43 seconds East, a distance of 8.00 feet, (4) South 20 degrees 41 minutes 17 seconds East, a distance of 24.00 feet, (5) South 69 degrees 18 minutes 43 seconds West, a distance of 8.00 feet to the point of beginning; thence from said point of beginning by lands now or late of 'Williamsburg North', South 20 degrees 41 minutes 17 seconds East, a distance of 67.00 feet to a point; thence by other lands now or late of 'Williamsburg North', South 69 degrees 18 minutes 43 seconds West, a distance of 92.00 feet to a point, the corner in common with Lot #103; thence by said Lot #103 and by Lot #102 and a part of Lot #101, North 20 degrees 41 minutes 17 seconds West, a distance of 67.00 feet to a point on the southern line of Lot #120 thence by Lot #120, North 69 degrees 18 minutes 43 seconds East, a distance of 92.00 feet to a point, the place of BEGINNING. BEING Lot No. 121 on the Plan of Yorktown Village, which plan is recorded in Plan Book 26, page 47. TITLE TO SAID PREMISES VESTED IN Daniel F Forslund & Laura L Forslund, h/w by deed from Suzanne Reeder, single woman dated 8/23/02, recorded 8/23/02 in book 253 and page 1455. PREMISES BEING: 5402 C Oxford Drive, Mechanicsburg, PA 17055-8307 PARCEL NO. 13-24-0791-057. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, As Attorney in fact for THE FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of WASHINTON MUTUAL BANK f/k/a WASHINGTON MUTUAL BANK, FA Vs. NO 05-3997 Civil Term CIVIL ACTION — LAW DANIEL P. FORSLUND LAURA L. FORSLUND a/k/a LAURA L. MILEY WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $110,979.47 L.L.: Interest from 6/14/13 to Date of Sale ($18.24 per diem) -- $9,813.12 Atty's Comm: Atty Paid: $4,978.67 Plaintiff Paid: , Date: 6/27/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BOULEVARD, SUTIE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 PLA4NTIFF WASHINGTON MUTUAL BANK, F.A. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY DEFENDANT DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY SERVE LAURA L. FORSLUND A/K/A LAURA L. MILEY AT: 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055-8307 PH # 614870 °I:IF p D-sOF *. SERVICE TEAM/ lxh 20l4 4U fee l �� SAF i COURT NO.: 05-3997 CIVI l uki ,s 4y,Tl, ERL �7 1 TYPE OF ACTION P6NAIS'� A Ll j XX Notice of Sheriff's Sale t</a SALE DATE: December 3, 2014 SERVED Served and made known to LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant on Jf 1.m1 20 14, at (92 oo , o'clock 1. M., at 5#O2- c 6XFQRt's r. - Defendant personally served. MectfA*2kos WA*, Ph-, ZAdult family member ynth whom Defendant(s) reside(s). Relationship is S$ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. , in the manner described below: Other: the (7 day of Description: Age 40 Height y ala „ Weight f 80 Race W Sex M Other 1 Ronald Moll a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 7 NAME: P61/ v1/144 PRINTED NAME: RUll,tld Wit Process Server TITLE: NOT SERVED On the dayof 20 , at o'clock . M., I, , a competent adult hereby state that Defendnt NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PLAINTIFF -VASHINGTON MUTUAL BANK, F.A. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY , PH # 614870 Jl ri 7Ei?o Tt L DEFENDANT DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY SERVE DANIEL P. FORSLUND AT: 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055-8307 SERVICE TEAM/ lxh7 iUG wo %� COURT NO.: 05-399 CIVIL TYPE OF ACTION pEh✓ S �� ©�'Q0 XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 �ili SERVED {,_ Served and made known to DANIEL P. FORSLUND Defendant on the l71"day of ! t—'{ , 20 14 , at 0 0, o'clock M., at 5¢61. C F09 DP -1 v C. . in the manner described below: /Defendant personally served. Mec,t{,gnikes 6Ua4, PA, Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. Other: Description: Age 4o Height 4'(0 si Weight I' O Race W Sex M Other 1 Ronald MOIL , a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 7 Li NAME: PRINTED NAME: Ronald Molt TITLE: Process Server NOT SERVED On the dayof 20 , at o'clock . M., I, a competent adult hereby state that Defendnt�ecause: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject falsification to authorities. to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 5\ Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, F.A. Plaintiff v. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 05-3997 CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 5, C""? rrlr cn, C) C 2005. tv 2. Judgment was entered on October 18, 2005 in the amount of $92,563.05. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 614870 1 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgagedproperty at 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055-8307 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant, DANIEL P. FORSLUND, filed a Chapter 13 Bankruptcy at Docket Number 1:13-02956 on June 4, 2013. The Bankruptcy was dismissed by order of court dated August 6, 2013. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "B". b.) The Defendant, DANIEL P. FORSLUND, filed a Chapter 13 Bankruptcy at Docket Number 1:13-04273 on August 19, 2013. The Bankruptcy was dismissed by order of court dated April 23, 2014. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on December 3, 2014. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Non Sufficient Funds Charge Escrow to be Paid 2 $87,466.55 $55,478.99 $331.82 $2,750.00 $4,404.76 $7,037.12 $537.40 $1,588.95 $2,356.00 $345.48 $75.00 $1,106.46 614870 Escrow Deficit $29,611.03 TOTAL $193,089.56 7. A copy of Plaintiff's escrow breakdown, redacted to remove private information, is attached hereto, made part hereof, and marked as Exhibit "D". 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. 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 Defendants. 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 11, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "E". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge M. L. Elbert, Jr. entered an order issuing a Rule to Show Cause dated May 28, 2013. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: G Phel By: llinan, LLP Jonat ATT 3 . Etkowicz, Esquire EY FOR PLAINTIFF 614870 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, F.A. Plaintiff v. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 05-3997 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DANIEL P. FORSLUND and LAURA L. FORSLUND A/K/A LAURA L. MILEY 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 5402 C OXFORD DRIVE, MECHANICSBURG, PA 17055-8307. The Mortgage indicates that in the event of 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. 614870 1 In the instant case, Defendants 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 mortgageforeclosure 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 Defendants credit for monthly payments tendered through bankruptcy, if any. 11. 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 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). 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 614870 2 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 M rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 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 Defendants 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 confoilit 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 Defendants' 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 mortgagors are 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 mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 614870 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in remjudgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants 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. V. 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 614870 4 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. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney 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). 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). The Superior Court cited Fetner in confirming that an attomey's fee of ten percent included 614870 5 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 614870 6 The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendalit's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code 614870 7 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. 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. 614870 8 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phe .11inan, LLP Jo 741‘d M. E kowicz, Esquire Att ey for Plaintiff 9 614870 Exhibit "A" 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 BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, v. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3997 CIVIL 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 DANIEL P. FORSLUND and LAURA L. FORSLUND A/K/A LAURA L. MILEY, 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 limn 8/5/05 to 10/14/05 TOTAL $91,456.87 $1,106.18 $92,563.05 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. f DAN%EL G. CH'MMI 6, ESQUIRE Attorney for Plaintiff DAMAGES"ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY Exhibit "B" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 Daniel P. Forslund Debtor CASE NO: 1:13-bk-02956-MDF ORDER The Debtor's Third Motion for an Extension of Time within which to file the Chapter 13 Schedules, Statements, Means Test, Payment Advices, and Chapter 13 Plan in connection with the Chapter 13 case, having come this day to be heard, and the Court noting the language of its Order of July 18, 2013 that no further extentions would be granted; it is hereby ORDERED that Third Motion for an Extension of Time is hereby DENIED. It is further Ordered that the case is hereby DISMISSED. By the Court, Dated: August 6, 2013 atifritk. Chief Bankruptcy Judge (JK) Case 1:13-bk-02956-MDF Doc 17 Filed 08/06/13 Entered 08/06/13 09:00:18 Desc Main Document Page 1 of 1 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 DANIEL P. FORSLUND Debtor CASE NO. 1:13-bk-04273 MDF ORDER DISMISSING CASE Following a hearing on confirmation of Debtor's First Amended Chapter 13 Plan and Debtor having been ordered to appear and show cause why his case should not be dismissed, with Debtor having failed to appear, it is hereby: ORDERED that the above -captioned case is DISMISSED. Date: April 23, 2014 By the Court, Chief Bankruptcy Judge oik) Case 1:13-bk-04273-MDF Doc 46 Filed 04/23/14 Entered 04/23/14 13:57:58 Desc Main Document Page 1 of 1 Exhibit "D" Chase (0114-7302) 3415 Vision Drive Columbus, OH 43219-6009 CHA E. ESCROW TRANSACTION HISTORY August 2, 2005 to July 2, 2014 r♦01111110115 Tran Date Transaction Description Escrow Amount Balance 08/02/05 Beginning Escrow Balance $529.36 08/16/05 Village Tax -$1,023.59 -$494.23 08/16/05 Homeowner's Insurance -$373.00 -$867.23 09/02/05 Mortgage Insurance -$58.20 -$925.43 10/04/05 Mortgage Insurance -$57.58 -$983.01 11/02/05 Mortgage Insurance -$57.58 41,040.59 12/02/05 Mortgage Insurance -$57.58 -$1,098.17 01/04/06 Mortgage Insurance -$57.58 -$1,155.75 02/02/06 Mortgage Insurance -$57.58 -$1,213.33 03/02/06 Mortgage Insurance -$57.58 -$1,270.91 04/04/06 Mortgage Insurance -$57.58 41,328.49 04/08/06 City Tax -$476.15 -$1,804.64 05/02/06 Mortgage Insurance -$57.58 -$1,862.22 06/02/06 Mortgage Insurance -$57.58 -$1,919.80 07/05/06 Mortgage Insurance 457.58 41,977.38 08/02/06 Mortgage Insurance -$57.58 -$2,034.96 08/04/06 Homeowners Insurance -$475.00 -$2,509.96 08/17/06 Village Tax -$1,055.58 43,565.54 09/02/06 Mortgage Insurance -$57.58 43,623.12 10/03/06 Mortgage Insurance -$57.58 43,680.70 11/02/06 Mortgage Insurance -$57.58 43,738.28 12/02/06 Mortgage Insurance -$57.58 43,795.86 01/11/07 Mortgage Insurance -$57.58 -$3,853.44 02/15/07 Mortgage Insurance -$57.58 -$3,911.02 03/14/07 Mortgage Insurance -$57.58 -$3,968.60 04/05/07 City Tax -$502.85 -$4,471.45 04/11/07 Mortgage Insurance 457.58 -$4,529.03 05/11/07 Mortgage Insurance -$57.58 -$4,586.61 06/12/07 Mortgage Insurance -$57.58 -$4,644.19 07/10/07 Mortgage Insurance -$57.58 -$4,701.77 08/15/07 Mortgage Insurance -$57.58 44,759.35 08/18/07 Village -$1,087.56 -$5,846.91 09/20/07 Mortgage Insurance -$57.58 -$5,904.49 11/06/07 Homeowner's Insurance -$907.00 -$6,811.49 11/06/07 Other -$60.00 -$6,871.49 12/06/07 Homeowner's Insurance -$145.00 -$7,016.49 04/15/08 City Tax -$488.58 -$7,505.07 08/21/08 Village Tax -$1,119.55 -$8,624.62 10/01/08 Homeowner's -$907.00 49,531.62 10/01/08 Miscellaneous Insurance -$60.00 -$9,591.62 04/14/09 Village Tax -$554.06 -$10,145.68 08/17/09 School Tax -$1,130.21 -$11,275.89 10/05/09 Windstorm Insurance -$60.00 -$11,335.89 10/05/09 Homeowner's Insurance -$907.00 -$12,242.89 10/15/09 Insurance Refund $900.00 411,342.89 02/10/10 Insurance Refund $636.00 -$10,706.89 02/11/10 Insurance Refund $7.00 -$10,699.89 Page 1 of 2 Tran Date Transaction Description Escrow Amount Balance 03/22/10 Homeowner's Insurance -$271.00 -$10,970.89 03/22/10 Homeowner's Insurance -$636.00 411,606.89 04/06/10 Village Tax -$554.02 -$12,160.91 05/21/10 Homeowners Insurance -$1,296.00 -$13,456.91 08/17/10 School Tax 41,131.28 -$14,588.19 01/18/11 Homeowner's Insurance -$1,296.00 -$15,884.19 04/12/11 City Tax -$528.95 -$16,413.14 08/16/11 School Tax -$1,135.13 -$17,548.27 09/02/11 Mortgage Insurance -$2,821.42 -$20,369.69 10/28/11 Mortgage Insurance -$57.58 420,427.27 11/19/11 Mortgage Insurance -$57.58 -$20,484.85 12/17/11 Mortgage Insurance -$57.58 -$20,542.43 01/18/12 Homeowner's Insurance -$1,200.00 -$21,742.43 01/19/12 Mortgage Insurance -$57.58 -$21,800.01 02/17/12 Mortgage Insurance -$57.58 -$21,857.59 03/20/12 Mortgage Insurance -$57.58 -$21,915.17 04/03/12 Township Tax -$528.95 -$22,444.12 04/18/12 Mortgage Insurance -$57.58 -$22,501.70 05/15/12 Mortgage Insurance -$57.58 -$22,559.28 06/20/12 Mortgage Insurance -$57.58 -$22,616.86 07/21/12 Mortgage Insurance -$57.58 -$22,674.44 08/15/12 School Tax -$1,172.97 423,847.41 08/18/12 Mortgage Insurance -$57.58 -$23,904.99 09/18/12 Mortgage Insurance -$57.58 -$23,962.57 10/17/12 Mortgage Insurance 457.58 -$24,020.15 11/20/12 Mortgage Insurance 457.58 424,077.73 12/15/12 Mortgage Insurance -$57.58 -$24,135.31 01/18/13 Homeowner's Insurance -$1,137.00 -$25,272.31 01/18/13 Mortgage Insurance -$57.58 -$25,329.89 02/08/13 Mortgage Insurance -$57.58 -$25,387.47 03/22/13 Mortgage Insurance -$57.58 -$25,445.05 03/28/13 Township Tax -$606.37 -$26,051.42 04/22/13 Mortgage Insurance -$57.58 -$26,109.00 05/14/13 Mortgage Insurance -$57.58 -$26,166.58 06/07/13 Mortgage Insurance -$57.58 -$26,224.16 07/12/13 Mortgage Insurance -$57.58 426,281.74 08/19/13 School Tax -$1,106.46 -$27,388.20 08/20/13 Mortgage Insurance -$57.58 -$27,445.78 09/17/13 Mortgage Insurance -$57.58 -$27,503.36 10/15/13 Mortgage Insurance -$57.58 -$27,560.94 11/12/13 Mortgage Insurance -$57.58 -$27,618.52 12/13/13 Mortgage Insurance -$57.58 -$27,676.10 01/10/14 Mortgage Insurance -$57.58 427,733.68 01/23/14 Homeowner's Insurance -$975.00 -$28,708.68 02/12/14 Mortgage Insurance -$57.58 -$28,766.26 03/11/14 Mortgage Insurance -$57.58 -$28,823.84 04/17/14 Mortgage Insurance 457.58 -$28,881.42 04/19/14 Township Tax -$614.45 -$29,495.87 05/13/14 Mortgage Insurance -$57.58 -$29,553.45 06/17/14 Mortgage Insurance 457.58 -$29,611.03 Ending Escrow Balance as of July 2, 2014 -$29,611.03 Page 2 of 2 Exhibit "E" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard , Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July :A.4 2014 DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055-8307 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, F.A. v. DANIEL P. FORSLUND and LAURA L. FORSLUND, F/K/A LAURA L. MILEY Premises Address: 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 05-3997 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208,3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 7/21/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve T;truly yours, (,) Jona Etkowicz, Esq., Id. No.208786 AtU for Plaintiff Ericre 614870 Name and Address Of Sender Phelan Hallinan. LLP 1617 JR( Boulevard. Suite 1400 One Penn Center Plaza Phi!add hia. PA 19103 .1014 Une ArticI Number Name of Addresee, Street. and Post Office Addres DANIELP.FORSLUND LAURA L. FORSLUND 5402 C OXFORD DRIVE ECHANICSBURG. PA 17 . 07 Posragc S.48 ** RE: DM4IELP. F R N CU B R AN PH#6148101t200 Pagel of 1 SO.48 ' oral NI= ' Listed hySndrr Tttr4Number Of P rechvel at Post 0 c ouster. Per (Name of cem sin; timplo)ee) The hill decbmoon of value rs rstpot ,fl dornest in c tonal tciihtid rniI The in Of the reconsintcuon of nonneirsiable documents under F,spress Mn1 dnCJIIflCflr reettlInflie1iOnM1 piece subject to a limit of $114,000 per occurrence The ntasimum indemnity payable on Esmtst 1 Tis Macirratin Indemnity payable is $25,000 for registered mart, sent o it h (*Idiom, insure:1m See 14.90r) S913 and, S921 for /imitations of cover/cc Form 3877 Facsimile 61487( Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE Civil Division CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A CUMBERLAND County WASHINGTON MUTUAL BANK, F.A. Plaintiff No.: 05-3997 CIVIL v. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055-8307 By: Jona M. Etkowicz, Esquire ATT EY FOR PLAINTIFF Phel Ilinan, LLP 614870 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, F.A. PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DANIEL P. FORSLUND, LAURA L. FORSLUND, A/K/A LAURA L. MILEY DEFENDANTS : NO. 05-3997 CIVIL (/) rEl ORDER OF COURT AND NOW, this 17th day of September, 2014, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before October 8, 2014; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, han M. Etkowicz, Esquire Attorney for Plaintiff .../1<el P. Forslund Laura L. Forslund, a/ flL Laura L. Miley bas Phelan Hallinan, LLP Jf THE PROTHONOTAf, Michelle J. Stranen, Esq., Id. No.208793 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 21114 SEP 214 AN 10: 1 2 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA michelle.stranen@phelanhallinan com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Court of Common Pleas Civil Division CUMBERLAND County No.: 05-3997 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 17, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055-8307 DATE: '112( / By: Phelan Hallinan, M helle J. S en, Esq., Id. No.208793 Attorney for Plaintiff 614870 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendants FILE -TD - OF THE PRO THON, ATPLAINTIFF I() Y MI; OCT 20 PO UtIL3E:4_0:D COUNTY PENNS YLVANI Court of Common Pleas Civil Division CUMBERLAND County No.: 05-3997 CIVIL MOTION TO MAKE RULE ABSOLUTE WASHINGTON MUTUAL BANK, F.A., by and through its attorney, 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. A Motion to Reassess Damages was filed with the Court on September 12, 2014. 2. A Rule was issued by the Honorable M.L.EBERT, JR. on or about September 17, 2014 directing the Defendants to show cause by October 8, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on September 23, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 8, 2014. 614870 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: itf-)4 74 V By: Justin Kobski, Esq., Id. No.200392 Att.mey for laintiff 6J4870 Exhibit "A" JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, F.A. PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DANIEL P. FORSLUND, LAURA L. FORSLUND, A/K/A LAURA L. MILEY DEFENDANTS : NO. 05-3997 CIVIL ORDER OF COURT AND NOW, this 17th day of September, 2014, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before October 8, 2014; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Jonathan M. Etkowicz, Esquire Attorney for Plaintiff Daniel P. Forslund Laura L. Forslund, a/k/a Laura L. Miley bas Exhibit "B" Phelan Hallinan, LLP Michelle J. Stranen, Esq., Id. No.208793 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 michelle.stranen@phelanhallinan.com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 05-3997 CIVIL CERTIFICATION OF SERVICE 1.lhereby certify th tie anal correct copy of the .Co i is Septeinber I7Q4 .0 er £i_ directing the:. Defendants to show cause as to why Plaintiffs Motion to Reassess Daanages sJ ata;tt not be granted was served upon the following individuals on the date indicated below. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055-8307 By: Phelan Hallinan, Mi helle J Str . `. eft, Esq., Id. No.208793 Attorney for Plaintiff 614870 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 05-3997 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055-8307 DATE: /61/7//171 By: Justin F Atto for Plaintiff Phelan L obeski, Esq., Id. No.200392 614870 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. Court of Common Pleas Plaintiff vs. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendants a ORDER AND NOW, this 1 3r day of Q , 2014, upon consideration of Plaintiff's Civil Division c-� CUMBERLAND Co Dr -34 rnrn No.: 05-3997 CIVIL cf)D 2:c, —44 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Non Sufficient Funds Charge Escrow to be Paid $87,466.55 $55,478.99 $331.82 $2,750.00 $4,404.76 $7,037.12 $537.40 $1,588.95 $2,356.00 $345.48 $75.00 $1,106.46 614870 Escrow Deficit $29,611.03 TOTAL $193,089.56 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: 614870 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, As Attorney In Fact For The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/K/A Washington Mutual Bank, FA Plaintiff, v. DANIEL P. FORSLUND LAURA L. FORSLUND A/K/A LAURA L. MILEY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 05-3997 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party 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 Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 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. PH # 614870 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA Plaintiff v. Daniel P. Forslund Laura L. Forslund a/k/a Laura L. Miley Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 05-3997 CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5402 C Oxford Drive, Mechanicsburg, PA 17055- 8307. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Daniel P. Forslund 5402 C Oxford Drive, Mechanicsburg, PA 17055- 8307 Laura L. Forslund a/k/a Laura L. Miley 5402 C Oxford Drive, Mechanicsburg, PA 17055- 8307 2. Name and address of Defendant(s) in the judgment: Name Daniel P. Forslund Laura L. Forslund a/k/a Laura L. Miley Address (if address cannot be reasonably ascertained, please so indicate) 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 3. Name and Last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Household Finance Consumer Discount Company Household Finance Consumer Discount Company C/O Beth Arnold Howell, Esquire Household Finance Consumer Discount Company C/O M&T Bank, Garnishee PH # 614870 2700 Sanders Road Prospect Height, IL 60070 1405 Mcfarland Road Pittsburgh, PA 15216 1 West High Street Carlisle, PA 17013 Household Finance Consumer Discount 2730 Liberty Avenue Company C/O PNC Bank, National Association, Pittsburgh, PA 15222 Garnishee Discover Bank Discover Bank Discover Bank C/O Edward Stock, Esquire JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS ATTORNEY IN FACT FOR THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA RBS Citizens N.A. RBS Citizens N.A. C/O James C. Warmbrodt, Esquire Lower Allen Township 6500 New Albany Road New Albany, OH 43054 PO Box 6011 Dover, DE 19903 804 West Avenue Jenkintown, PA 19046 7301 Baymeadows Way Mail Stop Jaxb3182 Jacksonville, FL 32256 480 Jefferson Boulevard Warwick, RI 02886 Weltman, Weinberg & Reis, CO., L.P.A. 436 Seventh Ave Ste 1400 Pittsburgh, PA 15219 2233 Geetysburg Road Camp Hill, PA 17011 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township Lower Allen Township Authority C/O Steven Paul Miner, Esquire Lower Allen Township Authority C/O Steven Paul Miner, Esquire Lower Allen Township Authority 1993 Hummer Avenue Camp Hill, PA 17011 635 N 12th Street Ste 101 Lemoyne, PA 17043 1035 Mumma Road Suite 101 Wormleysburg, PA 17043 120 Limekiln Road New Cumberland, PA 17070 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 Address (if address cannot be reasonably ascertained, please indicate) None. PH # 614870 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 Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 5402 C Oxford Drive Mechanicsburg, PA 17055-8307 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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.A. § 4904 relating to unsworn falsification to authorities. Date: /Wit PH # 614870 By: 4 .' e 'Z2 / Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Line 3 4 Article Number Phelan Hallinan, LLP 1617 JFK.,Boulevard, Suite 1400 Onc .Pcnn Center Plaza Philadelphia, PA 19103 AZK/RMS - 12I0312014.SALE Name of Addressee; Street! and PostOffice Address Domestic Relations of Cumberland County 13 North Hanover:Street Carlisle, PA 77013 Commonwealth of Pennsylvania Department of Welfare P.O. Boz 2675 Harrisburg; PA 17105 Internal Revenue, Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department .of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 Taal Number of Pieces ekled by Sender Foriti 3877 Facsimile RE: DANIEL P: FORSLUND (CUMBERLAND) PH tl 61487011021 Page 2 of 2 Writ Team Total; lumber nrpiccca Receisxei at Post Pfr. $8:93 .Poximaster. Per (Mane of Receiving Emptotec) The fnti aecbratinn of value is required on all domed is and intenuiinnal regist red mail. The nosimum indemnity payable for the mnmtnxtion of nonnegotbbk documents under Express Mall dreummu rcenostrucse,n fnsuranaif $50.010) per piece subject too omit ofi$000741 per peetnn n. The maximum indemnity payable opExpress Mail nesthandise is 3,s1111. The maximum indemnity payable n 37—UM fnr registered mail, sent with optional insurance. See Dornestk Mail Manual R900 5913 and 5921 for limiiaiions of env<npc. Namc and Phelan Hallinan, LLP Address 16)7 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/RMS - 12/03/2014 SALE U �! Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 ••'• TENANT/OCCUPANT 5402 C OXFORD DRIVE MECHANICSBURG, PA 17055-8307 50.47 t 5y 2 *••• Discover Bank 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054 50.47 •s' ;'Y • $< 3 *••• Discover Bank PO BOX 6011, DOVER, DE 19903 50.47 '7.•y; as �:'• — 4 **•• Discover Bank C/O Edward Stock, Esquire 804 WEST AVENUE, JENKINTOWN, PA 19046 $0.47 " TE , ' a' « ' 5 ••*• Household Finance Consumer Discount Company 2700 Sanders Road, Prospect Height, IL 60070 40. 4> , f UJI 6 •••• Household Finance Consumer Discount Company C/O Beth. Arnold Howell, Esquire 1405 MCFARLAND ROAD, PITTSBURGH, PA 15216 $0.47", \ o j3 7 •"•• Household Finance Consumer Discount Company C/O M&T Bank, Garnishee 1 WEST HIGH STREET, CARLISLE, PA 17013 50.47 `;ii't ti: ,, `I 8 *"• Household Finance Consumer Discount Company C/O PNC Bank, National Association, Garnishee 2730 LIBERTY AVENUE, PITTSBURGH, PA 15222 80.47 9 '**' Lower Allen Township 2233 Geetysburg Road, Camp Hill, PA 17011 80.47 10 '••' Lower Allen Township Authority 120 Limekiln Road, New Cumberland, PA 17070 40.47 11 •**• Lower Allen Township Authority C/O Steven Paul Miner, Esquire 635 N 12TH STREET, S 1 is 101, LEMOYNE, PA 17043 $0.47 12 ***• Lower Allen Township Authority C/O Steven Paul Miner, Esquire 1035 MUMMA ROAD, SUITE 101, WORMLEYSBURG, PA 17043 $0.47 13 ••** RBS Citizens N.A. 480 Jefferson Boulevard, Warwick, RI 02886 80.47 14 ••** RBS Citizens N.A. C/O James C. Warrnbrodt, Esquire WELTMAN, WEINBERG & REIS, CO., L.P.A. 436 SEVENTH AVE STE 1400, PITTSBURGH, PA 15219 $0.47 15 '•*' JPMorgan Chase Bank, National Association, As Attorney In Fact For The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/K/A Washington Mutual Bank, FA 7301 Baymeadows Way, Mail Stop JAX113182 Jacksonville, FL 32256 $0.47 RE: DANIEL P. FORSLUND (CUMBERLAND) PH 0 614870/1021 . Page 1 of 2 Writ Team . Total Number of Pk., I Fond by Sender Total Number of Pieces Received in Poet Off= Posam.ner. Per lNama of Reeeiring Employee) The full deelantloa ofv,he is rtg000d do alldomestk and Mu undone' reglelered mail. The mxi mum indemnify payahk fm therenln,tnuctinn ofnommdlnble docnne nls undu Enpte,a Mall doeume 1,0on,tnuelinn;neurone. le SS6.flfn Per piece sub not to a limit of $500,010 per occurrence. The tno,imum indemnity payable on Eapren Mail mei.Mrdim ie 5100: The nas"num indemnity ',flyable a 521,1010 for rn jlaered mail. sent with optional Inemancr. Sec Donenlle Mail Manual 5900 5913 and 5921 for limitation, of covenec. Form 77 Facsimile Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, -Suite 1400. One Penn Center Plaza Philadelphia, PA 19103 lzmsnnle Line Article Number Name of Addressee, Street, and.Post'O11ice Address Postag 1 **** Lower Allen Township $0.48 1993 Hummer Avenue Camp Hill, PA 17011 RE: DANIEL P. FORSLUND (CUMBERLAND)' -,141 # 614870/1026 Page lot 1 45 Day 50.48 Total Number of Total Number of Pieces Postmaster, Pa (Name of The full declaration of value is required on all duneseic and infernatfonal registered mal. 1 • Pieces Listed byEender Received at Post Omit' Rettiving Employee)' for the reconstruction of aannegotiablc doeumenta,undc Express Mail docomens ieooustna Mem sutijem to a timhiof S500,000 paaceuitwee. The maximum indemnity payable on E The maximum indemnity payable is 525,000 for registered mal, cent with optional insulae 8900 5913 and 5921 for liinitatiotu of coverage. orm 3877 Facsimile PH # 614870