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Home My WebLink About02-1507WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, 1NC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE ; : : : : THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGR TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE i so7, COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., a corporation, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. Defendant, JOSEPH R. HARVEY, is an adult individual, whose last known address is 6829 STATE ROUTE 353, CATTARAUGUS, NEW YORK 14719. Defendant, JEANNETTE S. HARVEY, is an adult individual, whose last known address is 6829 STATE ROUTE 353, CATTARAUGUS, NEW YORK 14719. o On or about, October 04, 1995, the said Defendants executed and delivered a Mortgage Note in the sum of $63,500.00 payable to FLEET MORTGAGE CORP. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment ora copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1286, Page 17 conveying to original Mortgagee the subject premises. Fleet Mortgage Corp. is now known as Washington Mutual Bank, FA Successor by Merger to Washington Mutual Home Loans, Inc. Successor in Interest by Merger to Fleet Mortgage Corp. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 512 MILL RACE ROAD, CARLISLE, PENNSYLVANIA 17013. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on April 0 I, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $13.16 per day From 03/01/2001 To 04/01/2002 ( based on contract rate of 8.000%) Accumulated Late Charges Late Charges $22.80 From 04/01/2001 to 04/01/2002 $60,086.81 $5,211.36 $0.00 $296.40 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $510.40 $3,004.34 $69,109.31 **Together with interest at the per diem rate noted above after April 1, 2002 and other charges and costs to date of SherifFs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($13.16 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff'~ Sale and for foreclosure and sale of the property within described.By: PURCELL, KRO(~r H~L~.dER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR BY MERGER TO FLEET MORTGAG CORP. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. ~Section 4904 relating to unsworn falsification to authorities. Date: March 28, 2002 Leon P. Haller, Esquire SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-01507 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HARVEY JOSEPH R ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HARVEY JOSEPH R unable to locate Him COMPLAINT - MORT FORE but was in his bailiwick. He therefore returns the the within named DEFENDANT NO FORWARDING AT POST OFFICE. TO BE LIVING IN NEW YORK. , HARVEY JOSEPH R BELIEVED , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 4.14 Not Found 5.00 Surcharge 10.00 .00 37.14 Sheriff of Cumberland County PURCELL KRUG HALLER 04/09/2002 Sworn and subscribed to before me this day ~ ~b A.D. Proth6notary SHERIFF'S RETURN - REGULAR CASE NO: 2002-01507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HARVEY JOSEPH R ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARVEY JEANNETTE S the DEFENDANT at 512 MILL RACE ROAD CARLISLE, PA 17013 , at 0850:00 HOURS, on the 5th day of April , 2002 by handing to JEANNETTE S HARVEY 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 /2~~ day of ~ ~2L~ A.D. · ~rot honot-a~y So Answers: R. Thomas Kline 04/09/2002 PURCELL KRUG HALLER By: WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY Defendant(s) IN THE COl CUMBERLANE CIV~ ACTION OF ~ No. PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: June 14, 2002 E] Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 IRT OF COMMON PLEAS . COUNTY, PENNSYLVANIA L ACTION - LAW ORTGAGE FORECLOSURE -1507 CML TERM SHERIFF'S RETURN CASE NO: 2002-01507 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BAi~K VS FULRVEY JOSEPH R ET AL - NOT SERVED R. Thomas Kline Sheriff according to law, says, that he made a diligent the within named DEFENDANT , to wit: HARVEY JOSEPH R who being duly sworn search and inquiry for but was unable to locate Him in his bailiwick. COMPLAINT ~ MORT FORE He therefore returns the the within named DEFENDANT NOT SERVED , as to , HARVEY JOSEPH R SERVICE STOPPED PER REQUEST FROM ATTORNEY HALLER, DUE TO HARVEY FILING BANKRUPTCY. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 R.~ THOMAS KLINE~ SHERIFF OF CUMBERLANqD COUNTY PURCELL KRUG HALLER 06/26/2002 Sworn and subscribed to before me this ~ day o~ 10-02 A.D. Prot~ndnotary WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY Defendant(s.) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-1507 CIVIL TERM PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: December 4, 2002 PURCELL, KRUG, & HALLER Attomey for Plaintiff Attorney ID# 15700 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MpRTGAGE CORP. Plaintiff VS. JOSEPH R. HARVEY A JEANNETTE S. HARVt ~Y Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-1507 RETURN OF SERVICE TO THE PROTHONOTARY: Kindly file the! Out of State Service Return on the above captioned matter. DATE: January 27, 2003 PURCELL~ ~eYon .~Haller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUC(~ESSOR IN INTEREST BY MERGERTO FLEET MORTGAGE CORP. Plaintiff VS. JOSEPH R. ] tARVEY AND JEANNETTI ~, S. HARVEY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW : NO. 02-1507 CIVIL TERM : : IN MORTGAGE FORECLOSURE Known by all persons present that I/~'oCjr J"~ 5,,"llgt, w~, process server was sassiged to duly execute this service upon defendant: 30$EPI-I R. HARVEY located at 8818 REED HILL ROAD APARTMENT#8 EAST OTTO NY 14719. I hereby depose and say: 1) That I m 2) That I az 3) That I m I hereby cert NOTICE OF a of the necessary age and sound mind to execute said service. n not a party to the action or have any interest therein. a an agent of the Law Offices of Purcell, Krug &Haller, a licensed Pennsylvania Attorney. fy that on ~'~4 /~f'~atat approximately ~-:/~q"~ ~j~"~a tree and correct copy of the COMPLAINT were served on the above-named party or witness in the following manner: __ I persc nallY delivered a copy of the Notice of Complaint into the hands of the person to be served e~fen By lea~in~ ~hcop¥ a~/her usual place of abode withm¢l~ssq ,2h4o~ .,whose relationship to the d~},,.t is~r,¥t ~-r.-t~l , and who is of suitable age and discretion and also residing therein. By lea~ring a copy with , the agent in charge of defendant s office or usual p--~ace ofbusigess. Job title o~ ' . Afteg due and diligent efforts, described below, I was unable to serve the process Description of Recipient:, Sex: l;:t"*l e, ace Wp/ Si~n~lt~ oflProcess Server Approximate Height: ~ ~0t'/ Approximate Weight: ,~-61 Approximate Age: __ Subscribed and s~"]'n to before me this/t9¢ff~ Day of 6,~/. 200,.~__ Noyublic JU/~,,~ ,4F. NI'ER ~1ME495~ Notary Public, State of New Yor~ Qu~ed in Catt~u0~tY · Commission ~': WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTGAGE CORP., : PLAINTIFF VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE DISCHARGE OF DEBTOR Yt~rm B]SiDfhcial ¢'orm 18) (9/97) ~, i/ , i,'¢ UNITED STATES BANKRUPTCY COURT Western District of New York t.0 Re: Joseph R. Harvey 8818 Reed Hill Road, #8 E~lst Otto, NY 14719 Social Security Number: I)ebtor: 121-56-8063 Debtor(s) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case Number: 02 - 13754 B Chapter: 7 DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The dcbto,' is,, ~ranted a discharge under .... ' "' ~ sccdon 727 of title 11, United States Code~ (the Bankrupt, er Dated: September 26, 2002 BY THE COURT Carl L. Bucki United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTGAGE CORP., : PLAINTIFF : VS. : JOSEPH R. HARVEY AND : JEANNETTE S. HARVEY, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants JOSEPH R. HARVEY AND JEANNETTE S. HARVEY for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $13.16 from 3/1/01 to 4/1/02) Late charges ($22.80 per month to 4/02) Escrow Deficit 5% Attorney's Commission $60,086.81 $ 5,211.36 $ 296.40 $ 510.40 $ 3,004.34 TOTAL $69,109.31'* ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRU~ By- Leon-~P. ~ller PA ~.D. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 #15700 K:\M KF\DOCS\CU M BERLA\HARVEY.P WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTGAGE CORP., : PLAINTIFF : VS. : JOSEPH R. HARVEY AND : JEANNETTE S. HARVEY, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 27, 2003 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid as indicated on the attached Notice. ' Leon P. Hailer PA I.D. #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1507 CIVIL TERM : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE : DATE OF THIS NOTICE: February 27, 2003 TO: JOSEPH R. HARVEY 8818 REED HILL RD, APT #8 EAST OTTO, NEW YORK 14719 JEANNETTE S. HARVEY 512 MILL RACE ROAD CARLISLE PA 17013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, K~G~j~ HAI_,4,ER EON P.(I~LLE~,, Attorr~ey for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTGAGE CORP., : PLAINTIFF : VS. : JOSEPH R. HARVEY AND : JEANNETTE S. HARVEY, : DEPENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : bef%~re me this ~ day : LEON P. HALLER, ESQUIRE M NOTARIAL SEAL ARYLAND K. FERRETTI, Notanj Public J ~ower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 1507 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY, DEFENDANT ( S ) TOTAL AMOUNT OF JUDGMENT $69,109.31 Interest at $13.16 per diem' to sale date $ 5,922.00 Late charges at $22.80 per month to sale date $ 319.20 Escrow Deficit $ 2,000.00 TOTAL $77,350.51' *SALE DATE: WEDS.,JUNE 11, 2003 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: March 10, 2003 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon P. Haller PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 512 MILL RACE ROAD CARLISLE, PA 17013. ' Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY THAT CERTAIN Unit, b~ing Whit l~o. 57 (t~ "Onit~')~ of Willow Cro~ing, A Condominium, located in South MLdd!eton Town~hip~ Cu~'~mrl~nd County, Pennsylvania, which Unit i~ designated in the D~clar~tion ef Con~o~inium o~ Willow Cro~ing, A Condominium (the '~Dmclar~tion of Condominium") ~nR D~claration Plats and Plan~ a~ r~cord~d im th~ Record~r'~ office of Cu~rland County in nuou~ B~ok ~6, ~age 88~ and Plan Book 61, Pa~ 62 an~ First ~endm~nt Deu]aration of Condominium for Willow Crouuing, A condominium First, ~en~nt to Dec!ar~tion of Condominium} and Declaration ~l~t~ Plan as r~cord.d in ~h~ Recc. rder of De~d~ of Cu~erl~nd County Mi~c~lian~ou~ Bo~k 38~ page 412 and Plan Book 61, Page · ' ' of Condomin ~ um TO~ETH~R with th~ rfqht to us~ th~ !imLt~d common ele~ent~ th8 Ur~it bsing conveyed her,%in, pursuant to the Doul~ratio;~ of Coa~ominium and D~c!aration Plat8 and BEING KNOWN AS 512 MILL RACE ROAD, CARLISLE, PA 17013. ASSESSMENT ~ 40-22-0485-070-U57 BEING THE SAME PREMISES WHICH Robert E. Goodling and Judy S. Goodlinq and Peifer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Page 514, granted and conveyed unto Joseph R. Harvey and Jeannette S. Harvey, his wife. TO BE SOLD AS THE PROPERTY OF JOSEPH R. HARVEY AND JEANNETTE S. HARVEY ON JUDGMENT NO. 2002 1507. WASHINGTON MUTUAL BANK, FA sucCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS IFC: sucCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP-, pLAINTIFF VS. JOSEPH R. HARVEY AND IN THE coURT OF coMMON pLEAS cuMBERLAND coUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE jEANNETTE S. Krug ' of execution was real property located at 512 M~LL RACE ROAD 1. Name and address of the owner(S) HARVEY'DEFENDANTS : ~URSuANT TO ?.R.C.P. 3129 1 purcell, actio~, by its attorneyS, he pra~clpe for the The plaintiff in the above ~te % the writ &Haller, setS forth as of the filed, the following information concerning CAR~TS~E, PA T7013: or Reputed owner(S): joseph R. Harvey 8818 Reed Hill Road Apt. 8 East OttO, NY 14719 jeannette S. Harvey 512 Mill Race Road carlisle, PA 17013 ' 2. Name and address of Defendant(S) in the judgment if different from that listed in (1) above: SAME 3. Name and addreSS of every judgment creditor whose judgment appears of record on the real property to be sold: south Middleton Township Municipal Authority c/o philip H. spare, Esquire 44 W. Main street p. O. Box 318, ~A 17055 Mechanicsburg 4. Name and address of last recorded holder o~ every mortgage of record: PLAINTIFF HEREIN (AND ANY oTHERS AS NOTED BELOW}: 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANy ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Mark C. Laudisio, Esquire 424 Main Street Suite 622 Buffalo, NY 14202-3593 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon p. Hailer PA I.D. #15700 Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 10, 2003 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF : VS. : JOSEPH R. HARVEY AND : JEANNETTE S. HARVEY, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: TIME: LOCATION: WEDNESDAY, JUNE 11, 2003 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 512 MILL RACE ROAD CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $69,109.31 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 1507 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property JOSEPH R. HARVEY AND JEANNETTE S. HARVEY A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE T~RRE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you mere specifically ef these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of bin County to open the judgment if you have a meritorious against the person er company that has entered judgment ,,ou~, . You may also file an petition with the same Court if aware of a legal defect_ in the obligation__ or the procedure ~gairlst you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. _ A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~ ~AT C~RTAIN Unit, being Unit No. 57 (tt~ "Dnit,,), of Willow Crossing, A Condomiaium, locsted in South'Midd!eton Town~hip~ Cumberland County, Pennsylvania, which Unit is designated in the D~ciaration cf Condominium of Willow Crossing, A Condominium (the '~D~claratlon of Condominium") and D~claration Plat~ and Plans a~ r~cord~d i~ the Recorder's Offic~ of Cu~mberland County in Miscella- neous Book 386, Pag~ 889 and Plan Book 61, Page 62 and First A~endm~nt to-Declaration of Condo~inlum for Willow Crosoing, A condominium (th~ First Amendment to Dec!armtion of Condominium} and Declaration Plmt~ and Plan an z'~cord,d in th~ Recorder of De,d5 of Cu~erl~nd CObDtv 15 TO~T~ZR w/th an undlvidod 2.50% J.~tere,t in Commo~ Element~ a9 more ~ ~ forsh in thf~ ~fcro~aid Declaration of Condomin~u~ and Decl~£ation Plats and P!an~. Condominium and D-ctaration Plats and Pia~,, ~EIN~ FJ~OWN AS 512 MILL ~CE ROAD, CARLISLE, PA 17013. ASSESSMENT # 40-22-0485-070-U57 BEING THE SAME PREMISES WHICH Robert E. Goodling and Judy S. Goc, dlin~ and Peifer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Page 514, granted and conveyed unto J°sePt~] ~. Harvey and Jeannette S. Harvey, his wife. TO BE SOLD AS THE PROPERTY OF JOSEPH R. HARVEY AND JEANNETTE S HARVEy ON JUDGMENT NO. 2002 1507. - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-1507 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP Plaintiff (s) From JOSEPH R HARVEY 8818 REED HILL ROAD, APT 8, EAST OTTO NY 14719 AND JEANETTE S HARVEY 512 MILL RACE ROAD, CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell 512 MILL RACE ROAD CARLISLE PA 17013. (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 DueS 69,109.31 L.L.$0.50 Interest AT $13.16 PER DIEM TO SALE DATE $5,922.00 Atty's Corem % Due Prothy $1.00 Atty Paid $162.14 Other CostsLATE CHARGES AT $22.80 PER MONTH TO SALE DATE $319.20 ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: MARCH 12, 2003 (Seal) REQUESTING PARTY: Name LEON P HALLER ESQ Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 CURTIS R. LONG Prothonotary Deputy Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court Il} No. 15700 WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTGAGE CORP., : PLAINTIFF : VS. : JOSEPH R. HARVEY AND : JEANNETTE S. HARVEY, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~-~-O~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Joseph R. Harvey 8818 Reed Hill Road Apt. 8 East Otto, NY 14719 Jeannette S. Harvey 512 Mill Race Road Carlisle, PA 17013 South Middleton Township Municipal Authority c/o Philip H. Spare, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Mark C. Laudisio, Esquire 424 Main Street Suite 622 Buffale, NY 14202-3593 PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOHN W. PUR('ELL HOWARD 13. KRUG LEON P. ttALLER JOHN W. PURCELL .IR. BRIAN J. TYLER .III,L M. WINEKA NOTICE TO: Joseph R. Harvey 8818 Reed Hill Road Apt. 8 East Otto, N~f 14719 Jeannette S. Harvey 512 Mill Race Road Carlisle, PA 17013 South Middleton Township Municipal Authority c/o Philip H. Spare, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Mark C. Laudisio, Esquire 424 Main Street Suite 622 Buffalo, N~f 14202-3593 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of st Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity To protect your interest, if any, by~ng notified of said Sheriff s Sale. _~.......~ ~ ~L~. Haller PA I.~-D.15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTGAGE CORP., : PLAINTIFF : VS. : JOSEPH R. HARVEY AND : JEANNETTE S. HARVEY, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200.2 1507 IN MORT3AGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: TIME: LOCATION: WEDNESDAY, JUNE 11, 2003 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 512 MILL RACE ROAD CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $69,109.31 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 1507 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JOSEPH R. HARVEY AND JEANNETTE S. HARVEY A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMRNT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT ¢IRTA%N Unit, being Unit No. 57 (the "Unit"il, of Willow Crogaing, A Condominium, located in South M£ddleton ~ownship, Cumberland County, Pennsylvania, which unit ie designated in the Declaration of Condominium of Willow Creeping, A Condominium (the "Declar~tlon of Condominium") and Declaration Plate and Plane as recorded in th~ Recorder's Office of Cumberland County in Mi~cella- neou~ Book 386, ~age 889 and Plan ~ook 61, Pa~e 62 and F/ret ~mendment t~D~o]aration of Condom~nlum for Willow Cro~oing, A condom~nium (thc First A~enc~ment to Decla~Btion of Condominium} and Declaration Plats and Plan a~ r~cordad in ~he Recorder of Deeds of Cumberland County in Miscellaneous Book 388, Page 412 and Plan Book T~(~ETHZR with an undivid~d 2.50% interest in Common ]~lemente a. more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans. TO~ITHK8 with the right to use the limited ¢0~on elements applicable to the unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. BEING KNOWN AS 512 MILL RACE ROAD, CARLISLE, PA 17013. ASSESSMENT # 40-22-0485-070-U57 BEING THE SAME PREMISES WHICH Robert E. Goodling and Judy S. Goodling and Peifer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Page 514, granted and conveyed unto Joseph R. Harvey and Jeannette S. Harvey, kis wife. TO BE SOLD AS THE PROPERTY OF JOSEPH R. HARVEY AND JEANNETTE S. HARVEY ON JUDGMENT NO. 2002 1507. STATE OF NEW YORK COMMON PLEAS COURT AFFIDAVIT OF SERVICE CUMBE~ COUNTY PENNSYLVANIA INDEX # PLAINTIFF: DEFENDANT: WASHINGTON MUTUAL BANK VS. JOSEPH R. HARVEY and JEANNETTE S. HARVEY STATE OF NEW YORK) COUNTY OF CATrARAUGUS) SS.: }~[' ~. L. ~ f ~ctxo..~l:rx, Being duly sworn, deposes that he is o.v~ 18 yearji of age and not a ~ to this action; that on the Zo day oi_12~oa~33x~ ~,~_:~_~ at approximately ~ o clock ~' M, at ~ I~ ~ ~'1 ! New York deponent served the annexed NOTICE OF SAI.g on JOSEPH R. HARVEY, the Defendant named herein, .~the following manner.' Iudiv/dual By delivering to and leaving with said ~ [~dUt.i (personally a true ccoy thereof~e knew the person Corporation By delivering to and leaving with and he knew the person so served to be (title) of defendant corporation. [] Responsible Per, on By delivering to and leaving with (relationship: ) a true copy thereof, a person of suitable age and discretion. Said premises being the defendant(s) (dwelling place) (usual place of abode) (place of busiaess) within the State of New York. [] Affixing to Premises By atT~g a ~e copy thereof to the door o£ ~id premises the same beiag the defendant' s (dwelliag Place) usual place of abode (placo o£ busiaess) withia the State of New York. [] Marl Deponent also served a copy of the by deposi~ng a tree copy of the same ia a Post ~id, properly addresses envelope ia aa official depository unde~ the exclusive care and cu~tedy of The United States post office ia the State of New York. Previous Attempts Deponent had previously attempted to serve the above named defendant(s) pummnt to CPLR Sec~.308 At on the day of , at o'clock M. At on the day of , at o'clock M~ Description The person served was~male/f~m~e; color of skin k,~'~c, hair color ~r o , approximate age ~ Approximate weight-25o O lbs, and height/~., feet and ~ inches. ' That at the time of service, defendant admitted that he/~,~stwas not a meml~x of the Milita~j Service of the United States. DATED: -~! ~) , ...~a~__~_,atCattaraugusCo. SheriWs Dept., 301Court Street, Little Valley, NY 14755 Cattamugus County JO,~,~i ~tENTER ~1ME4959539 t,~o~aS, Public, ,qtate of Ne~ york (~u~i~ed in Ca'~a~aqgu,~-c~tyc--- , Commission F Re: WAMU v. Harvey Cumberland 6/11/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Joseph R. Harvey 8818 Reed Hill Road Apt. 8 East Otto, NY 14719 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Jeannette S. Harvey 512 Mill Race Road Carlisle, PA 17013 Postage: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: South Middleton Township Municipal Authority c/o Philip H. Spare, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Mark C. Laudisio, Esquire 424 Main Street Suite 622 Buffalo, NY 14202-3593 Po~tage: Postmark: IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 1507 WASHINGTON MUTUAL BANK, PA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $69,109.31 Interest at $13.16 per diem to sale date $ 8,330.28 Late charges at $22.80 per month to sale date $ 433.20 Escrow Deficit $ 2,000.00 TOTAL $79,872.79* *SALE DATE: WEDS.,DEC. 10, 2003 (PROTHONOTARY'S Plaintiff Attorney Sheriff This Writ USE) PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution Date: September 9, 2003 Autorney for Plaintiff 1713 North Front STreet Harrisburg, PA 17102 (717) 234-4178 PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE ,. >MHONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : THE SHERIFF OF CUMBERLAND COUNTY: To captioned described CARLISLE, satisfy the judgment, interest and costs in the above case, you are directed to levy upon and sell the property in the attached description known as 512 MILL RACE ROAD, PA 17013. ~ !~{ Ol BONOTARY / CLERH CIVIL DIVISION BY DEPUTY ALL ~H&~ CZR~&X# Unit, being Unit No. 57 (the "unit'}, of Willow Crossing, A Condominium, located in South Ml~dleton Township, Cumberland County, Pennnylvania, which Unl~ Ks dssignat?d in the Declaration of Condominium of Willow Crossing, A Condominium (the "Declaration of Condominium"} end Declaration Plate and Plans am recorded in the Recorder's Of~ios of Cumberland County in Miscella- neous Book 386, Page 889 and Plan Book 61, Page 62 and First Amendment to Deolaration of Condom~nium ~or Wlll~ Crossing, A condom~nium (the Plrst Amendment to Declaration o{ Condominium) end Declaration Plats and plan as recorded in the Recorder of Deeds of Cumba£1end County in Miscellaneous Rook 388, page 412 and Plan Book 6~, page 97, TO~ETHER with an undivided 2.50% interest in Common Elements am more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans. ~BTHER with the right to u~a the limited common elements applicable ~o the Unit being conveyed herein, ~ursuant to the Declaration of Condominium and Declaration Plats and Plans. BEING KNOWN AS 512 MILL RACE ROAD, CARLISLE, PA 17013. ASSESSMENT # 40-22-0485-070-U57 BEING THE SAME PREMISES WHICH Robert E. Goodling and Judy S. Goodling and Peifer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Page 514, granSed and conveyed unto Joseph E. Harvey and Jeannette S. Harvey, his wife. TO BE SOLD AS THE PROPERTY OF JOSEPH R. HARVEY AND JEANNE'rTE S. HARVEY ON JUDGMENT NO. 2002 1507. WASHINGTON HUTUAL BANK, FA : SUCCESSOR BY HERGER TO : WASHINGTON MUTUAL HOHE LOAigS INC: SUCCESSOR IN INTEREST 8Y MERGER : TO FLEET HORTGAGE CORP., : : PLAINTIFF : VS. : JOSEPH R. HARVEY AND : JEANNETTE S. HARVEY, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are net in the Military er Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : before ~ t~bis ~2~0 day : NOTARIAL SEAL MARYLAND K. FERRE'FI'I, NOta~ Public Lower paxton 'i%~p,, Dauphin County My Commission Expires Aug. 8, LEON P. HALLER, ESQUIRE WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS IRC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTgaGE CORP., : : PLAINTIFF : VS. : JOSEPH R. HARVEY A/qD : JEANNETTE S. HARVEY, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 512 MILL RACE ROAD, CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s) Joseph R. Harvey 8818 Reed Hill Road Apt. 8 East Otto, NY 14719 Jeannette S. Harvey 512 Mill Race Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the Judgment different from that listed in (1) above: if SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: South Middleton Township Municipal Authority c/o Philip H. Spare, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNO;~N interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 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: TENANTS IPI ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Mark C. Laudisio, Esquire 424 Hain Street Suite 622 Buffalo, NY 14202-3593 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify tlhat the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4~worn falsification to authorities. L~_~.m~r'~. Haller PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2003 WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : CIVIL ACTION - LAW TO FLEET MORTGAGE CORP., : : NO. 2002 1507 PLAINTIFF : VS. : JOSEPH R. HARVEY A_ND : JEANNETTE S. ~RVEY, : IN MORTGAGE FORECLOSURE DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: TIME: LOCATION: WEDNESDAY, DECEMBER 10, 2003 (real estate) will be 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 512 MILL RACE ROAD CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the a_mount of $69,109.31 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 1507 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper causel This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights ~nentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Crogeing, A Condond. n[~m, located An ~outh Mi~d.leton Township, Cumberland C~unty, Pe~neylvania, which Uni~ ~e des£gnat~d Aa Declaration of Condo~nium o~ Willow C=oee~nq, A Condom~nium (the "Declaration o~ Condomialum'l and Declaration Plate and Pleas as recorded l~ the Rmcorde='a Of£ice of Cumberland County in Mis=sila- ge Doolaration of Condo~nium for Willow Crossing, A uondom~nium [the Miscellaneous Book 389, Page 4~2 and Plan Book 61, Page 'Declaration Plats and Plan~. Co~d~nl~ ~d Doclar~tio~ Plate and Plans. BEING Yd~O~N AS 512 MILL P~CE ROAD, CARLISLE, PA 17013. ASSESSMENT # 40-22-0485-070-U57 BEING THE SAME PREMISES WHICH Robert E. Goodling and Judy S. Goodling and Peifer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Pag~ 514, granted and conveyed unto Joseph R. Harvey and Jeannette S. Harvey, his wife. TO BE SOLD AS THE PROPERTY OF JOSEPH R. HARVEY AND JEANNETTE S. HARVEY ON JUDGMENT NO. 2002 1507. Washington Mutual Bank, FA Successor By merger to Washington Mutual Home Loans, Inc., Successor in Interest by Merger to Fleet Mortgage Corp. VS Joseph R. Harvey and Jeannette S. Harvey In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1507 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon P. Haller. Sheriff' s Costs: Docketing 30.00 Poundage 14.65 Posting Bills 15.00 Advertising 15.00 Mileage 6.90 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Library .50 Prothonotary 1.00 Certified Mail 8.15 Law Journal 302.60 Patriot News 263.20 Share of Bills 25.24 $ 747.24 paid by attorney 9/4/03 This /0 day of ~ R. Thomas Kline, Sheriff Prothonotary Real Es~te Deputy Real Estate Sale # 74 On March 18, 2003 the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA known and numbered as 512 Mill Race Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 18, 2003 By: JIS(~Oq~ Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Asst. 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 Sundav Patriot-News newspapers of general cimulaticn, 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, 18§4, 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 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter cf 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 cf 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 C O P Y Sworn to and subscri~bee' h~fnr~~~' / r,r~ '-~ ~- '~'-~~4_th d a.~1~. D. My Col,n~ission Expires June 6, 2006 I NOTARY PUBLIC Member, PennsytvaniaAsseciatienOfN°tarieSMy commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 261.45 $ 1.75 $ 263.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunde, y Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. 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 25, MAY 2, 9, 2003 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. REAL ESTA'I~ 8ALE NO. 74 Writ No. 2002-1507 Civil Washington Mutual Bank. FA, Successor by merger to Washington Mutual Home Loans, Inc., successor in interest by merger to Fleet Mortgage Corp. VS. doseph R. Harvey and Jeannette S. Harvey Atty.: Leon P. Hailer ALL THAT CERTAIN Unit, being Unit No. 57 (the 'Unit'), of Willow Crossing, A Condomtrdum. located tn South Mlddleton Township, Cumberland County, Pennsylvania, which Unit Is designated in the Dec- laratlon of Condornlnium of Willow Crossing, A Condominium (the "D~c- laration of Condominium') and Dec- !aration Plate and Plans as recorded in the Recorder's Office of Cumber~ land County in Miscellaneous Book 386, Page 889 and Plan Book 61, Page 62 and First Amendment to Declaration of Condominium for Willow Crossing, A condominium (the First Amendment to Declara- tion of Condominmm) and Declara- tion Plats and Plan as recorded in the Recorder of Deeds of Cumber- land County in Miscellaneous Book 388, Page 412 and Plan Book 61, Page 97, TOGETHER with an undivided 2.50% interest in Common Ele- ments as more particularly set forth in the aforesmd Declaration of Con- domlraum and Declaration Plats and Plans. TOGETHER with the right to use the lkntted common elements appli- cable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. SWORN TO AND SUBSCRIBED before me this 9 .day of MAY, 2003 2.B0% interest in Common Ele- ments as more particularly set forth in the a. foresaid Declaration of Con- dominium and Declaration Plats and Plans. TOGETHER with the right to use the limited common elements appli- cable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats ~nd Plans. BEING KNOWN AS 512 MILL RACE ROAD, CARLISLE, PA 170lB. ASSESSMENT #40-22-0485- 070~U57. BEING THE SAME PREMISES WHICH Robert E Goodling and Judy S. Goodlblg and Pelfer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Page 514. granted and conveyed unto doseph R. Ha-wey and deannette S. Harvey, bis wife. TO BE SOLD AS THE PROPER- TY OF JOSEPH R. HARVEy AND JEANNETTE S. HARVEY ON JUDGMENT NO. 2002 1507. WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTGAGE CORP., PLAINTIFF VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERL~gD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTG%GE FORECLOSURE RETURN OF SERVICE I hereby certify that I haye d~posited in the U.S. Mails at Harrisburg, Pennsylvania on /~J/~ , a true and correct copy of the Notice of Sale of 'Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all li,snholders of record by regular first class mail (Certificate of Mai]_ing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Joseph R. Harvey 8818 Reed Hill Road Apt. 8 East Otto, NY 14719 7860 Maples Little Valley, NY 14755 Jeannette S. Harvey 512 Mill Race Road Carlisle, PA 17013 South Middleton Township Municipal Authority c/o Philip H. Spare, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Mark C. Laudisio, Esquire 424 Main Street Suite 622 Buffalo, NY 14202 3593 Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 NOTICE TO: LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 Joseph R. Harvey 8818 Reed Hill Road Apt. 8 East Otto, NY 14719 Jeannette S. Harvey 512 Mill Race Road Carlisle, PA 17013 South Middleton Township Municipal Authority c/o Philip H. Spare, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 Domestic Relations Office Cunfoerland County Courthouse Hanover & High Streets Carlisle, PA 17013 Mark C. Laudisio, Esquire 424 Main Street Suite 622 Buffalo, NY 14202-3593 7860 :Maples Nd. Little Valley, NY JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD 14755 NOTICE IS HEREBY GIVEN to the Defendants in the within action and these parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold again~t the said real estate will be divested by the sale and that yo~/h~ve an opportunity ~o protect your interest, if any, bY ~l~D~'notified of said Sheriff s Sale. meo~-~P. Haller PA I.D.15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA : SUCCESSOR BY MERGER TO : WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER : TO FLEET MORTGAGE CORP., : : PLAINTIFF : VS. : JOSEPH R. HARVEY AND : JEANNETTE S. HARVEY, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be DATE: held: TIME: LOCATION: WEDNESDAY, DECEMBER 10, 2003 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 512 MILL RACE ROAD CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $69,109.31 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 1507 THE NAME (S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JOSEPH R. HARVEY AND JEANNETTE S. HARVEY A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court ef Common Pleas ef the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU, IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 170121 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of tine within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be aEtached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL T~ CEP. T&XN Unit, being Unit No. 57 (the 'Unitk), of Willow Crossing, A Cond~mintum, located in South Middle=on Township, Docl&r&t£nn nf Condom~nium of willow CrossLng, A Condominium (the "Declaration of Condominium') ~nd Declaration Plats and Plans as r®norded in the Recorder's Office of Cumberland County ia Mlscella- nnous Book 386, Page 889 and Plan Book 61, Page 62 and First Amendment to Declaration of Condom~nium for wllLo~ Crossing, A condominium [the First A~endmsnt to Declaration o~ Condominium) and Declaration Plats and Plan as recorded in the Recorder of Deeds of Cumberland County in Miscellaneous Book 38g, Page 412 and Plan Book 61, Page ]7. · O~ET~ER with &n undivided 2.$0% Interest in Co~won Elements as more particularly set ~orth in the aforesaid Declaratlon of Condominium and 'Declaration Plats and Plans. TOOETH~R with the right to use the limited common elements applicable tn the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, BEING mOWN AS 512 MILL PJ~CE ROAD, CARLISLE, PA 17013. ASSESSMENT # 40-22-0485-070-U57 BEING THE SAME PREMISES WHICH Robert E. Goodling and Judy S. Goodling and Peifer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Page 514, granted and conveyed unto Joseph R. Harvey and Jeannette S. Harvey, his wife. TO BE SOLD AS THE PROPERTY OF JOSEPH R. HARVEY AND JEAnnETTE S. HARVEY ON JUDGMENT NO. 2002 1507. STATE OF NEW YORK AFFIDAVIT OF SERVICE COMMON PLEAS COURT CUMBERLAND COUNTY INDEX # 'PLAINTIFF: WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON DEFENDANT: MUTUAL HOME LOANS INC SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. VS. JOSEPH R. HARVEY and JEANNETTE S. HARVEY STATE OF NEW YORK) COUNTY OF CATTARAUGUS) SS.: ~,.qV..~ /... ~/" e.~r'~ooq ttQ Being duly sworn, deposes that he is_over 18 years&f age and not a party to h s action; that on the .~_ day o~'~OC'/ , _~..~ at approximat, ely c~ o'clock ~'~vl, at , New York deponent served the annexed NOTICE OF SHERIFF S SALE OF ILEAL EST~~f~ ~,,~ARVEYi~hd:viDc~ufea~dant named herein, in the following manner: By delivering to 0nd leaving with said l~(~O, flJ' personally a true copy thereof, and that so served to be OOSe~ ~. [-~l,r~'e~.I the person mentioned in said K.J o'1'% c~, !e knew the person Corporation By delivering to and leaving with and he knew the person so served to be (title) of defendant corporation. [] Responsible Person By delivering to and leaving with (relationship: _ ) a true copy thereof, a person of suitable age and discretion. Said premises being the defendant(s) (dwelling place) (usual place &abode) (place of business) within the State &New York. [] Affixing to Premises By affixing a true copy thereof to the door &said premises the same being the defendant's (dwelling P~ace) usual place &abode (place of business) within the State &New York. [] Mail Deponent also served a copy of the by depositing a true copy &the same in a Post paid, properly addresses envelope in an official depository under the exclusive care and custody of The United States post office in the State &New York. Previous Attempts Deponent had previously attempted to serve the above named defendant(s) pursue~nt to CPLR Sec. 308 At on the day of , at __ o'clock __M. At on the_ day of ..... at__ o'clock __M. At on the __ day of ., _ at o'clock __M. Description The person served was male/f~, color of skin L..>}l~, ha r co or.~> , approximate age.~ ~, Approximate weight ~O~ lbs, and height ~nd~ inches. ~a~;~t the time of ~ervice, defendant admitted that he/s~/w~ not a member of the Military Service &the Un ted ~y~~ · ~ om to me before this 30 dayof~~ 200~ Deputy Sher~FWh6 Made Servi~ ~ / ~ ~. ~1~ Ernest J. Dustman, Sheriff Canaraugus County Nota~ Pu~ Q [0~YA S. ~RY, ~01D8~5050648 N~tary P~i~ State ff W~ f,~ Re: WAMU/HARVEY CUMBERLAND SALE 12/10/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postage: Postmark: Joseph R. Harvey 8818 Reed Hill Road Apt. 8 East Otto, NY 14719 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Jeannette s. Harvey 512 Mill Race Road Carlisle, PA 17013 (In compliance with Postal U. S. POSTAL SERVICE CERTIFICATE OF MAILING Service Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postmark: Form 3877) Postage: One piece of ordinary mail addressed to: Postmark: South Middleton Township Municipal Authority c/o Philip H. Spare, Esquire ~4 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 00.900 U. S. POSTAL SERVICE CERTIFICATE OF MAILIN(~ (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING! (In compliance with Postal Postmark: Service Form 3877} Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Mark C. Laudisio, Esquire 424 Main Street Suite 622 Buffalo, NY Postmark: 14202-3593 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: JOSEPH R. H2LRVEY 7860 MAPLES RD. LITTLE VALLEY, NY 14755 Postmark: $ ---"OU.uuo COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Vererans Affairs of Washinffton D C Sec is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1507, at the suit of Washington Mutual Bank against Joseph R Harvey & Jeannette _S is duly recorded in Sheriff's Deed Book No. 261, Page 2809. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of A.D2004 ~ ~eeorder of Deeds Washington Mutual Bank, FA Successor In The Court of Common Pleas of By Merger to Washington Mutual Home Cumberland County, Permsylvania Loans, Inc., Successor in Interest by Merger Writ No. 2002-1507 Civil Term To Fleet Mortgage Corp. VS Joseph R. Harvey and Jeannette S. Harvey R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sheriffs' Sale and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Joseph R. Harvey, by certified mail, return receipt requested, restricted delivery, deliver to addressee only to his last known address of 7860 napples road, Little Valley, NY 14755. This letter was mailed under the date of October 16, 2003. Letter was received by Joseph R. Harvey on October 23, 2003. Return receipt card was returned to the Sheriffs Office on October 27, 2003 signed by Joseph Harvey. Jacob Baker, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2003 at 11:30 o'clock AM, 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: Jeannette S. Harvey, n/k/a Jeannette Metzger, by making known unto Jeannette Metzger, personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 10:16 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph R. Harvey and Jeannette S. Harvey located at 512 Mill Race Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Joseph R. Harvey, by regular mail to his last known address of 7860 Naples Road, Little Valley, NY 14755. This letter was mailed under the date of October 27, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeannette S. Harvey rffk/a Metzger, by regular mail to her last known address of 28 W. Hunter Road, Carlisle, PA 17013. This letter was mailed under the date of October 21, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $50,000.00 to Attorney Leon P. Haller for The Secretary of Veterans Affairs of Washington, D.C., His Successors and/or Assigns. It being the highest bid and best price received for the same, The Secretary of Veterans Affairs of Washington, D.C., His Cuccessors and/or Assigns of Ocwen Federal Bank FSB, 12650 Ingenuity Drive, Orlando, FL 32826, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $6,500.00. Sheriff's Costs: Docketing $30.00 Poundage 1,000.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 3.45 Certified Mail 16.30 Levy 15.00 Surcharge 30.00 Law Journal 307.25 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 1,829.60 Sworn and subscribed to before me This '?~ ~ayof-~ Prothonotary R. Thomas Kline, Sheriff Real Estate(l)eputy SCHEDULE OF DISTRIBUTION SALE NO. 62 Date Filed: January 9, 2004 Writ No. 2002-1507 Civil Term Washington Mutual Bank, FA Successor by Merger to Washington Mutual Home Loans, Inc., Successor in Interest by Merger to Fleet Mortgage Corp. VS Joseph R. Harvey and Jeannette S. Harvey Sale Date: Buyer: Bid Price: December 10, 2003 Washington Mutual Bank, FA Successor by Merger to Washington Mutual Home Loans, Inc., Successor in Interest by Merger to Fleet Mortgage Corp. $50,000.00 Real Debt: $69,109.31 Interest: 8,330.28 Attorney Costs: 912.88 Attorney's commission 1,250.00 Late Charges 433.20 Escrow Deficit 2,000.00 Total: $82,035.67 DISTRIBUTION: Receipts: Cash on account (09/11/03): $ Cash on account (12/10/03): Credit Writ No. 2002-1507: 1,500.00 5,000.00 43,500.00 Total Receipts: $50,000.00 Disbursements: Sheriffs Costs Legal Search Cumberland County Tax Claim Bureau South Middlcton Township Attorney Leon P. Hailer Credit Writ No. 2002-1507 $1,829.60 200.00 199.24 788.05 3,483.11 43,500.00 Total Disbursements: Balance for distribution: ($50,000.00) 0.00 So .Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 62 Held Wednesday, December 10, 2003 Date: December 10, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , , and recorded · in Cumberland County Deed Book , Page RECITAL: Being the same premises which Robert E. Goodling and Judy S. Goodling, husband and w'ffe, and Peifer & Gross, Inc., by deed dated September 26, 1995 and recorded October 10, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 129 Page 514 granted and conveyed to Joseph R. Harvey and Jeannette S. Harvey, husband and wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Mill Race Road. 6. Conditions, easements and restrictions as shown on or set forth on the Plan for Willow Crossing, a condominium, recorded in Plan Book 61 page 97. Subject to Declaration of Condominiums recorded in Miscellaneous Record Book 386, Page 889, first Amendment to Declaration recorded in Miscellaneous Record Book 388, Page 412, second Amendment to Declaration recorded in Miscellaneous Record Book 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 526, Page 907, third Amendment to Declaration recorded in Miscellaneous Record Book 535, Page 416, fourth Amendment to Declaration recorded in Miscellaneous Record Book 543, Page 805, fifth Amendment to Declaration recorded in Miscellaneous Record Book 555, Page 933. Building and use restrictions imposed by Deed recorded in Deed Book "P," Volume 13, Page 512. Mortgage in the amount of $63,500 given by Joseph R. Harvey and Jeannette S. Harvey, to Fleet Mortgage Corporation dated October 4, 1995 and recorded October 10, 1995 in Mortgage Book 1286, Page 17 Complaint in mortgage foreclosure filed by Washington Mutual Bank, F. A., successor by merger to Washington Mutual Home Loan, Inc. successor in interest by merger to Fleet Mortgage Corporation, as Plaintiff against Joseph R. Harvey and Jeannette S. Harvey as Defendants on March 28, 2002, in the Office of the Prothonotary of Cumberland County to File No. 2002-1507 Judgment in the amount of $69,109.31 entered March 12, 2003, Delinquent real estate taxes turned over to Cumberland County Tax Claim Bureau in the amount of $199.24 as of the time of subject Sheriff Sale. Municipal lien filed by South Middleton Township Municipal Authority as Plaintiff against Joseph R. Harvey and Jeannette S. Harvey as Defendants on April 12, 2002 in the Office of the Prothonotary of Cumberland County to File No. 2002-1812 in the amount of $569.88. Rights granted to United Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 205, Page 114. Rights granted to United Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 211, Page 561. Rights granted to United Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 229, Page 27. Rights granted to Pennsylvania Power and Light Company by instrument recorded inMiscellaneous Record Book 205, Page 979. Rights granted to United Telephone Company of Pennsylvania by instrument recorded m Miscellaneous Record Book 221 Page 289, Rights granted to United Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 224 Page 560. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 223, Page 190. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 227 Page 91. Rights granted to Carlisle Borough Sewer Authority by instrument recorded in Miscellaneous Record Book 271, Page 545. 21. 22. 23. 24. 25. 26. 27. 28. 29. Rights granted to South Middleton Township Municipal Authority by instrument recorded in Miscellaneous Record Book 331, page 277. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 381 Page 1052. Rights granted to TV Cable of Carlisle by instrument recorded in Miscellaneous Record Book 392, Page 879. Rights granted to South Middieton Township Municipal Authority by instrument recorded in Miscellaneous Record Book 425, page 1067. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 519 Page 646. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 550 Page 1050. Subject to Bylaws for Willow Crossing dated december 6, 1998 and recorded December 7, 1998 in Miscellaneous Record Book 596, Page 992. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. Real estate taxes accruing on and after January 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. NRo°tbe.'ertThGi~ TFi~eY~eApgoertnJhall not~lid or binding until countersigned by an authorized signatory. REAL ESTATE SALE NO. 62 Writ NO. 2002-I507 Civil REAL ESTATE SALE #62 ATTORNEY Leon P. Haller Advance Costs: $1,500.00 Assessed Valuation: 70,170.00 Writ No. 2002-1507 Civil Term Washington Mutual Bank, FA Successor by Merger to Washington Mutual Home Loans, Inc. Successor in Interest by Merger to Fleet Mortgage Corp. VS Joseph R. Harvey and Jeannette S. Harvey 512 Mill Race Road Carlisle, PA 17013 Real Debt: $69,109.31 Interest 8,330.28 Attorney writ costs 912.88 Misc. Costs 433.20 Misc. Costs 1,250.00 Misc. Costs 2,000.00 Sheriff's Costs: Docketing 30.00 Poundage /~. O~ Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 3.45 Certified Mail 16.30 Levy 15.00 Surcharge 30.00 Law Journal 307.25 Patriot News 263.20 Share of bills 28.90 Distribution of proceeds 25.00 Sheriff's deed 39.50 South Middleton Township Tax Claim Bureau 788.05 199.24 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PoR.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 512 MILL RACE ROAD, CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Joseph R. Harvey 8818 Reed Hill Road Ap . 8 East Otto, NY 14719 Jeannette S. Harvey 512 Mill Race Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in {1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: South Middleton Township Municipal Authority c/o Philip H. Spare, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Mark C. Laudisio, Esquire 424 Main Street Suite 622 Buffalo, NY 14202-3593 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating t.Q-2unsworn falsification to authorities. L~_~. Haller PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2003 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC: SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. JOSEPH R. HARVEY AND JEANNETTE S. HARVEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 1507 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENi~SYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property {real estate) will be held: DATE: TIME: LOCATION: WEDNESDAY, DECEMBER 10, 2003 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 512 MILL RACE ROAD CARLISLE CUMBERLAND COIINTY PENNSYLVANIA THE JUDGMENT in the a/nount of $69,109.31 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 1507 THE NA/~E(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JOSEPH R. HARVEY AND'JEANI~ETTE S. HARVEY A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF ~OUR PROPERTY. IT HAS BEEN ISSUED EECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY MAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's S~le you may file a petition with the Court of Common Pleas o~ the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights inentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Crusa£nq, A Condominium, located in South Ml~dleton Township; Cumberland County, Pennsylvania, which Uei~ Ks designated in the Declaration of Condon~n~um of Willow Cross~ng, A Condominium (tho #Declaration of Condon~Lntum') snd ~oclaretiun Plata and Plane as neoua Book 396~ Page 889 and Plan ~ook 61, Page 62 and First A~ndment ~o Declaration of Condom/alum for Willow Crossing, A condominium {tho F£rat Amendmen~ ~o Declaratlo~ of Condominium} and Declaration Plats p~r~£cularly set forth in the efornanid Declaration of Condominium and Declaration Plate ~nd Plans. TO~ETHER with the right to use the limited common elements applicable to ~he Unit being conveyed herein, pursuant to the Declaration of ¢o~dominium end Declaration Plats end Plans, BEING KNOWN AS 512 MILL P~CE ROAD, CARLISLE, PA 17013. ASSESSMENT # 40-22-0485-070-U57 BEING THE SAME PREMISES WHICH Robert E. Goodling and Judy S. Goodling and Peifer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Page 514, granted and conveyed unto Joseph R. Harvey and Jeannette S. Harvey, his wife. TO BE SOLD AS THE PROPERTY OF JOSEPH R. HARVEY AND JEA~INETTE S. HARVEY ON JUDGMENT NO. 2002 1507. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1507 Civil COLrNTY OF CUMBERLAND) CIVIL ACTION - LAW' TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff (s) From JOSEPH IL HARVEY, 8818 REED HILL ROAD, APT 8, EAST OTTO NY 14719 and JEANNETTE S. HARVEY, 512 MILL RACE ROAD, CARLISLE PA 17013. (1) You are directed to leW upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 512 MILL RACE ROAD, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to ai~ach 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; 0o) 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) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an sub~ect t~ attachment is f~und in the p~ssessi~n 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 $69,109.31 L.L. Interest TO 12/10/03 ~ $13,16 per diem -- $8,330.28 Atty's Comm % $1,250.00 Due Prothy 1.00 Arty Paid $912.88 Other Costs ESCROW DEFICIT = $2,000.00 Plaintiff Paid Date: SEPTEMBER 10, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER ESQ Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 LATE CHARGES ~ $22.80 per month to 12/10/03 -- $433.20 CURTIS R. LONG Protho ' · Real Estate Sale # 62 On September 15, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 512 Mill Race Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2003 By: Real Estat~ Deputy THE PATRIOT' NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Asst. 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 Mamh 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 28th day(s) of October and the 4th and 11th day(s} of November 2003. 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 I~ook "M", Volume 14, Page 317. COPY Sworn to ~(.~J;i~subscribed before ~ this 19th day/of J~ov..ef~ber 2003 A.D. Noteiial Seal ,/'"'"'"~1 .// Ci(y Of Har~sburg, Dauphin County / My Commission Expires June 6, 20(36 ! N(~TARY PUBLIC Member. Pennsylvania Association Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 263.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. R~ ESTATE ~ALE No 62 ~~merger to ~ .~r I~ I~ ~o~. CO~, (~g ~i M ~R~ Crossing, a · ~fion of Of ~i~]ow Crossing, ~ ~th~ ,Declaration of, n ~I~s ~k 386, ~ 62 ~ F~t a ~um (~ F~t C~n~ in :~, ~ 412 ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. 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 17, 24, 31, 2003 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. REAL ESTATE SALE NO. 62 Writ No. 2002-1507 Civil Washington Mutual Bank, FA, Successor by merger to Washington Mutual Home Loans, Inc., Successor in Interest By Merger to Fleet Mortgage Corp. VS. Joseph R. Harvey amd Jeaa~netto S. Harvey At[y,: Leon P. Railer ALL THAT CERTAiN Unit, being Unit No. 57 (the ~Unit"), of Willow Crossing. A Condominium. located in South Middleton Township. Cum- berland County. Pennsylvania, which Unit is designated in the Dec- laration of Condominium of Willow Crossing. A Condominium (the 'Dec- laration of Condomininm"l and Dec- laraUon Pl~ts and plans as recorded in the Re¢order's Office of Cumber- land County in Miscellaneous Book 386, page 889 and plan Book 61. page 62 and First Amendment to Declaration of Condominium for Willow Crossing, A condominium (the First Amendment to Declara- tion of Condominium) and Declara- tion Plats and Plan as recorded in Road. Carlisle, PA 17013. ASSESSMENT #40-22 0485 070- U57. BEING THE SAME pREMISES WHICH Robert E. Goodling and Judy S. Goodling and Peifer and Gross, Inc. by deed dated 9/26/95 and recorded in Deed Book 129, Page 514, granted and conveyed ~mto Joseph R. Harvey and Jeannette S. Harvey. his wife. TO BE SOLD AS THE pROP- ERTY OF Joseph R. Harvey and Jeannette S. Harvey on Judgment SWORN TO AND SUBSCRIBED before me this 31 _day of OCTOBER, 2003 LOIS E. SNYDER, Not~y Public Catisle Bom, Cumbedand Counly Uy Commission Expl~ Uarch 5, ~0~ Merger to Fleet Mortgage Corp. Joseph R. Harvey and Jeannette S. Harvey Atty.: Leon P. Hailer ALL THAT CERTAIN Unit, being Unit No. 57 {the 'Unit'), of Willow Crossing, A Condomlniura, located in South Middkton Tov~mhlp, Cum* berland County, Pennsylvania, which Unit is designated in the Dee- laration of Condominium of Willow Crossing, A Condominium (the 'Dec- la.ration of CondominiunP) and Dec- laration Plats and Plans as recorded in the Recorder% Office of Cumber- land County in Miscellaneous Book 385, Page 889 and plan Book 61. Page 62 and First Panendment to Declaration of Condominium for Willow Crossing, A c~ndonfmium (the First Amendment to Declara- tion of Condorniniuml and Declara- tion Plats and Plan as recorded in the Recorder of Deeds of Cumberland County in Miscella- neous Book 388, Page 412 and Plan Book 61, Page 97. TOGETHER with an undivided 2.50% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condomin- into and Declaration Plats and P h~ms. TOGETHER with the right to use the limited common elements appli- cable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. BEING I~NOWN AS 512 Mill Race Road, Carlisle, PA 17013. ASSESSMI~Iffl' #40-22-0485-070- U57, BEING THE SAME PREMISES WHICH Robert E. Goodling and Judy S, Goodling and Peifer and Gross. Inc. by deed dated 9/26/95 and recorded in Deed Book 129. Page 514, granted and conveyed unto Joseph F~ Harvey and Jeannette S, Harvey, his wife. TO BE SOLD AS THE PROP- ERTY OF doaeph R, Harvey and Jeannette $. Harvey on Judgment No. 2002 1507. 3l _day of OCTOBkK~__z_u