Loading...
HomeMy WebLinkAbout02-4369WASHINGTON MUTUAL BANK, FA Plaintiff vs. DIANNE K. BENDER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Qa - -?13& 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 LISTED 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, Plaintiff vs. DIANNE K. BENDER, Defendant 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, Plaintiff VS. DIANNE K. BENDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW dyZ 1?3 c? ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL BANK. FA, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665 MILWAUKEE, WISCONSIN 53201. 2. Defendant, DIANNE K. BENDER, is an adult individual, whose last known address is 15 NOTTINGHAM DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, September 17, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $111,950.00. 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 of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 4. 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 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to WASHINGTON MUTUAL BANK, FA and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 15 NOTTINGHAM DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.06 per day From 04/01/2002 To 10/01/2002 ( based on contract rate of 7.875%) Accumulated Late Charges Late Charges $39.14 From 05/01/2002 to 10/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $106,919.25 $4,934.83 $164.03 $273.98 $1,319.32 $5,345.96 $118,947.37 "Together with interest at the per diem rate noted above after October 01, 2002 and other charges and costs to date of Sheriff's 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. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.875% ($23.06 per diem), together with other charges and costs including escrow advances incidental thereto to thLdateSheriff s S ale and for foreclosure and sale of the property within described. By: PURCEL HALLE Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) VERIFICATION I, the undersigned hereby verify that I am a representative of the plaintiff and I am authorized to make this Verification. I hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to the authorities. DVE: SeptaTber 9, 2002 Name: Dean LaRocha Title: Asst. Secretary Company: Washington Mutual Bank FA r _p y Nj ? 17 K SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-04369 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS BENDER DIANNE K 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 BENDER DIANNE K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT BENDER DIANNE K DIANNE MOVED TO FLORIDA PER HER EX-HUSBAND. Sheriff's Costs: So answers: Docketing 18.00 _ Service 4.14 Not Found 5.00 x. Thomas Klinerfe- Surcharge 10.00 Sheriff of Cumberland County .00 37.14 PURCELL KRUG HALLER 09/17/2002 Sworn and subscribed to before me this 2:0 4E? day of ?t?--- o2.and- A.D. 6 ., ? y Pro h notary' SHERIFF'S RETURN - REGULAR CASE NO: 2002-04369 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS BENDER DIANNE K HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BENDER RAY SR - TENANT the DEFENDANT , at 2125:00 HOURS, on the 16th day of September, 2002 at 15 NOTTINGHAM DRIVE MECHANICSBURG, PA 17055 by handing to RAY BENDER SR. a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His 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 ,?.o i?R day of .2UDL A.D. V M C ` v Prt)thonotary So Answers: R. Thomas Kline 09/17/2002 PURCELL KRUG HALLER By: Deputy Sheri f WASHINGTON MUTUAL BANK, FA Plaintiff VS. DIANNE K. BENDER Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 02-4369 RETURN OF SERVICE Kindly file the Out of State Service Return on the above captioned matter. DATE: October 16, 2002 PURCELL, G, & HALLER BY Leon P. Haller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 Commonwealth of Pennsylvania Case Number: 02-4369 Plaintiff: WASHINGTON MUTUAL BANK, F.A., vs. Defendant: DIANNE K. BENDER County of CUMBERLAND Common Pleas Court For: Leon Haller PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 er, D Received by IANNE BENDER, 3079 ICE PROCESS-ORLANDO LALANE, PALM HARBOR a FLORIDA 34684002 at 1:21 pm to be served on I, Gregory Douglas Miller, being duly sworn, depose and say that on the 1st day of October, 2002 at 6:40 pm, I. SUBSTITUTE SERVED: Pursuant to 48.031(1) by leaving a true copy of this ACTION OF MORTGAGE FORECLOSURE AND COMPLAINT IN MORTGAGE FORECLOSURE with the date and hour of service endorsed thereon by me, at the within named person's usual place of abode, to a person residing therein who is 15 years of age or older to wit: TERENCE NOLAN, CO-RESIDENT and informing said person of the contents thereof. Military Status: Bases upon inquiry of party served, defendant is not in the military service of the United States of America. Additional Information pertaining to this Service: THE CORRECT ADDRESS IS: 3079 LAHLOR LANE, TARPON SPRINGS, FLORIDA. DIANNE K. BENDER IS NOT A MARRIED PERSON. I certify that I am over the age of 18, have no interest in the above action, and am a certified process server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 3rd day of CHOICE PROCESS-ORLANDO ctober, 2002 by affiant who is personally known 132 E Colonial Dr e Ste 220 Orlando, FL 32801 NOTARY PUBL? (407) 423-0667 Our Job Serial Number: 2002012234 AFFIDAVIT OF SERVICE Vtaa+tn..,,. MY COMMISSION # CC907MB EXPIRES February 1 2004 •• •P' BONDED111RU TROY FAIN INSURANCE INC. Copyright 01992-2001 Database Services, Inc. - Process Servefs Toolbox V5.5f 4hfN c n - ( i r r?r c7 _ 7 r WASHINGTON MUTUAL BANK, FA PLAINTIFF VS. DIANNE K. BENDER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 4369 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 Defendant DIANNE K. BENDER 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 $106,919.25 Interest $ 4,924.83 (Per diem of $23.06 from 4/1/02 to 10/1/02) Accumulated late charges $ 164.03 Late charges $ 273.98 ($39.14 per month to 10/02) Escrow Balance $ 1,319.32 5% Attorney's Commission 5,345.96 TOTAL $118,947.37** ** 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, KRRUUG BY --- -- Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA PLAINTIFF VS. DIANNE K. BENDER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 4369 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on OCTOBER 29, 2002 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. By ' Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 WASHINGTON MUTUAL BANK, FA, Plaintiff VS. DIANNE K. BENDER Defendant DATE OF THIS NOTICE: October 29, 2002 TO: DIANNE K. BENDER 3079 LAHLOR LANE TARRON SPRINGS FL 34684 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4369 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE 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 POUR 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, KRUG & H.A ,By. LEO- N P: IIAI,LER, Attorney f- o tiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIANNE K. BENDER NO. 2002 4369 DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS 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 before me this day of L'?v2C 2061d of ry P b is LEON P. HALLER, ESQUIRE -- NOTARIAL SEAL public MARYt.ANI) K. FERRETTI, Notary Lower Paxton Twp., Dauphin County My C,ornmission Expires Aug. 8, 2006 I f 1 _ mJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 4369 WASHINGTON MUTUAL BANK, FA PLAINTIFF VS. DIANNE K. BENDER DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $118,947.37 Interest at $23.06 per diem to sale date $ 3,551.24 Late charges at $39.14 per month to sale date $ 156.56 Escrow Deficit $_ 21000.00 TOTAL $124,655.17* *SALE DATE: WEDS.,MARACH 5, 2003 (PROTHONOTARY'S 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 ca t' Date: December 2, 2002 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 p coned case. Leon P. Haller PA I.D. ##15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 15 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17055. Date: PROTHONOTARY/CLERK CIVIL DIVISI BY DEPUTY USE) K]MKF\DOCS\CUMBERLMBENDER. W s a. Ln4 d w? C' R r? ccr)c c? n i ?_ ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, shown on a plan entitled Final Subdivision Plan of Phase 1, Southfield Crossing, dated July 30, 1984, and revised April 30, 1986, in Cumberland County Plan Book 51, Page 17, more particularly bounded and described as follows, to wit: BEGINNING at a point an the southerly sideline of Nottingham Drive, a fifty foot (50.00') public right-of-way, at the dividing line between Lot No. 13-D and Lot No. 13-E as shovni on said Plan- thence by Lot No. 13-D South nine degrees. thirty-five minutes fifty-nine seconds East (S 09°35'59" E), a distance of one hundred thirty-three and forty-six one hundredths feet (133.46 j to a point-, thence by lands nov., or formerly, of Southfield Crossing Limited North eighty degrees twenty-four minutes one second East (N 80°24'01" E), a distance of twenty-five feet (25.00') to a point; thence by Lot No. 13-E North nine degrees thirty-five minutes fifty-nine seconds West (N 09°35'59" W), a distance ofone hundred twenty and ninety-two one hundredths feet (120.92) to a point on the southerly sideline.of Nottingham Drive; thence by said sideline by the arc of a curve to the left having a radius of one hundred seventy-five feet (175.00'), an arc length of twenty-eight feet (28 00'), the place of BEGINNING. BEING Let No. 13-E of the above referenced Plan and containing 3,190.26 square feet, more or less HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 15 NOTTINGHAM DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. BEING THE SAME PREMISES WHICH Salvatore G. Carrera and Cheryl K. Carrera by deed dated. 8/28/97 and recorded 10/13/97 in Deed Book 165, Page 1072 granted and conveyed unto Dianne K. Bender. TO BE SOLD AS THE PROPERTY OF DIANNE K. BENDER ON JUDGMENT NO. 2002 4369. ASSESSMENT # 38-19-1621--155 IN THE COURT OF COMMON PLEAS Y, PENNSYLVANIA COUNT WASHINGTON MUTUAL BANK, FA CUMBERLAND PLAINTIFF CIVIL ACTION _ LAW N0. 2002 4369 VS. IN MORTGAGE FORECLOSURE IANNE K. BENDER D NDANT 3129.1 DEFE TO P.R.C.P• AFFIDAVIT PURSUANT Purcell, by its attorneys writ in the above action, e the praecipe for the the The Plaintif of the dat f information conlCSgURG, PP` ets forth as Krug & Haller, sfiled, the following DRIVE, MECHAN of execution w located at 15 NOTTINGHAM real Property uted Owner(s) 17055: of the Owner(s) or Rep 1. Name and address Dianne K. Bender 3079 Lahlor Lane if springs, FL 34684 Judgment, Tarron Defendant (s) in the and address of SAME Name listed judgment 2. that different from udgment creditor whose of every 7 to be sold: a the real property appe3ar.s of Name reandcord o on n 4• Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) Salvatore Carrera 1017 SW 37th Street Cape Coral, Cheryl Carrera 1017 SW 37thFstr et Cape Coral, Green Tree Consumer Discount Company 301 Hartzdapee Drive p11 Camp Hill, Wells Fargo Financial Bank c/o Nationwide Title Clearing 101 North Brand Boulevard Suite 1800 CA 91203 Glendale, 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 ... Ray Bender, Sr. 15 Nottingham Drive Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (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. Haller PA I.D. 415700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 2, 2002 ,;' ;;:. ??, _ . _, ?_ ???! c_ y ?-? .. ?_ .... __j c?? WASHINGTON MUTUAL BANK, FA PLAINTIFF VS. DIANNE K. BENDER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CONY' PENNSYLVANIA CIVIL ACTION NO. 2002 4369 IN MORTGAGE FORECLOSURE OF REAL ESTATE SALE NOTICE OF SHERIFF'S pURSUANT?T? PROCEDU_ RE 12 TAKE NOTICE of Real Property (real estate) will be Sale That the Sheriff's held: 2003 WEDNESDAY, MARCH 5, DATE: 10:00 O'clock A.M. TIME: Room Commissioner's Hearing LOCATION: 2nd Floor Courthouse Cumberland County 17013 Carlisle, Pennsylvania detail in a legal delineated in measured TO BE SOLD is of, the of a statement oon of the THE PROPERTY consisting with a brief ne--n land. description mainly together on the the property, rovements erected boundaries of other mayor imp buildings and any (SEE DESCRIPTION ATTACHED) rt to be sold is= THE LOCATION of your grope- 1' 15 NOTTINGHAM DRIVE MECHANICSBUCOTY CUMBERLAND PENNSYLVANIA 118,947.37 under or pursuant tc ount of $ docketed in the within THE JUDGMENT in the am ;n sold is which your property is be_ g Commonwealth and county to: NO. 2002 4369 THE NAME (S) OF THE OWNER(S) is: OR REPUTED OWNERS of this propert K-\MK PDOCS?CUMBERLA\BENDER. NOS DIANNE K. BENDER - REAL OWNER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to and mortgages tosale received receive part of the proceeds of the disbursed by the Sheriff (for example, banks that hold 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 specified herein as of the within County from the Sheriff of the Court at the Courthouse address YOUR PROPERTY. I PAY THE JUDGMENT. You may have legal rights to prevent your property from being ese rigs, Y r MUST hACT exercise uyourmore taken away. A uawwishca to advise rights. If Yo 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 ums in petition the l obligation or the e Court if you are aware of a legal defect 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. PliRCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234--4178 County ALL T , Pen 1-L1T CERTAIN tract of land Crossin nsylvan'a, shown on a p1 situate in Silver Pa g' dated July 30 1984 an entitled fi Sprint; 1b be 17, more , and revised April nal Subdivision Plan wnslris Cumberland Pa-ocularly bounded and des 30 1986 of Phase I cribed in Curnberland County Plan BEGINNING at as follows, to wit: an Book 51 (5Q.00 a pointon Public riglrt Y _ofwaY tltc soutiierl shov,rt on said P , at the dividin sideline ofNottin ha seconds E Ian; thence by r N g Ime between g m Drive, a fft o t (S 09°35'59" E), a d?ot istance of South nine degLot rees thi3-D and Lot N Y foot feet (133 . 13_ ei hty to a Point; thence b 1 one hundred thirty- rtY-five rni onutes. 617Y-nine g degrees tw y w7os `10'Vt!>ree and feat (25.oo,) to entY-four rninutes one or formerly c, eoutl4 eld one hundredths secondsWst(NOpo?int;IthencebyLot Noel°nd (N802401"£ Crossin L orth East o imited N feet (120 92' 3S 59 W) E North nine degrees thia distance of tweet - to a Point on a distance of one hundred tweet rhety_t m Y five the arc of a cu the souther) utes fifty _ lee curve to the left he so y sideline oFNottin h Y and ninetyu o one Y nine bth of twenty_e' ht feet g a radius of one hundreds Drive; thence b hundredtlrs (28 00), the vent _ Y said sideline by place ofBEQrNNII Ij - y five feet (175.00), an BEIi lC Let No. 13_E arc more or less. of the above referenced Plan and containing 3,190.26 square feet, HAVING GTHEREON EF.ECTED A NOTT RESIDENTI LOAM DRIVE, MECHANICSBURG, AL DWELLING BEING THE PENN-gY.LVANIA HOUSE KNOWN AS 165 Carre'a by SdeAME edPREMISES WHICH Sal 17055. 15 TO BE Page 1072 grante 8X28 ' /_97 d and conve d`Yecoede3 i pjrera and Cher yl K. SOLD AS m Yed unto ?1"/97 1n Deed Book NO, 2002 43691HE PROPERTY OF D-tanne K. Bender. DI ANNE K. BENDER ' JUDGMENT ASSESSMENT # 38- NT 19-1621-15.5 ?, ? ,, ?_ ' ?" -? ? ? ? - r'i' . > ?:','_ i Fem... ?i L.1. t ? ?. ? ..? P - t? • ? _ .+ r _ _ \ J l ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4369 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From DIANNE K. BENDER, 15 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,947.37 L.L. $.50 Interest AT $23.06 PER DIEM TO SALE DATE $3,551.24 Atty's Comm % Due Prothy $1.00 Arty Paid $130.14 Other Costs LATE CHARRGES AT $39.14 PER MONTH TO SALE DATE $156.56 - ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: DECEMBER 3, 2002 CURTIS R. LONG Prothonota (Seal) `By: O?, p r77/J ?? Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 WASHINGTON MUTUAL BANK, FA PLAINTIFF VS. DIANNE K. BENDER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200.2 4369 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have de osited in the U.S. Mails at Harrisburg, Pennsylvania on !; 02--1 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 l.ienholders 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: Dianne K. Bender 3079 Lahlor Lane Tarron Springs, FL 34684 Salvatore Carrera 1017 SW 37th Street Cape Coral, FL 33914 Cheryl Carrera 1017 SW 37th Street Cape Coral, FL 33914 Green Tree Consumer Discount Company 301 Hartzdale Drive Camp Hill, PA 17011 Wells Fargo Financial Bank c/o Nationwide Title Clearing 101 North Brand Boulevard Suite 1800 Glendale, CA 91203 Ray Bender, Sr. 15 Nottingham Drive Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KR UG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 2341206 LEON P. HALLER JOHN W. PURCELL JR. BRIAN .1. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Dianne K. Bender 3079 Lahlor Lane Tarron Springs, FL 34684 Salvatore Carrera 1017 SW 37th Street Cape Coral, FL 33914 Cheryl Carrera 1017 SW 37th Street Cape Coral, FL 33914 Green Tree Consumer Discount Company 301 Hartzdale Drive Camp Hill, PA 17011 Wells Fargo Financial Bank c/o Nationwide Title Clearing 101 North Brand Boulevard Suite 1800 Glendale, CA 91203 Ray Bender, Sr. 15 Nottingham Drive Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 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 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 against the said real estate will be divested by the sale and that yo have an opportunity to protect your interest, if any, by notified of said Sheriff's Sale. By: Leos . Haller PA .D.15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIANNE K. BENDER NO. 2002 4369 DEFENDANT 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: WEDNESDAY, MARCH 5, 2003 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor 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: 15 NOTTINGHAM DRIVE MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $118,947.37 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 4369 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: KAMKF\DOCS\CUMBERLA\BENDER.NOS DIANNE K. BENDER - REAL OWNER 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 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 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 Al_L THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, shown on a Plan entitled Final Subdivision Plan of Phase I, Southfield Crossing, dated July 30, 1984, and revised April 30, 1986, in Cumberland County Plan Book 51, Page 17, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly sideline of Nottingham Drive, a fifty foot (50.00') public right-of-way, at the dividing line between Lot No. 13-D and Lot No. 13-E as shown on said Plan; thence by Lot No. 13-D South nine degrees thirty-five minutes fifty-nine seconds East (S 09°35'59" E), a distance of one hundred thirty-three and forty-six one hundredths feet (133.46) to a point; thence by lands now or formerly of Southfield Crossing Limited North eighty degrees twenty-four minutes one second East (N 80°24'01'," E), a distance of twenty-five feet (15.00') to a point; thence by Lot No. 13-E North nine degrees thirty-five minutes fifty-nine seconds West (N 09°35'59" W), a distance of one hundred twenty and ninety-two one hundredths feet (120.92') to a point on the southerly sideline.of Nottingham Drive; thence by said sideline by the arc of a curve to the left having a radius of one hundred seventy-five feet (175.00'), an arc length of twenty-eight feet (28 00'), the place ofBEG:NNING. BEING Lot No. 13-E of the above referenced Plan and containing 3,190.26 square feet, more or less HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 15 NOTTINGHAM DRIVE, MECHANICSBURG, PENNSYLVA14IA 17055. BEING THE SAME PREMISES WHICH Salvatore G. Carrera and Cheryl K. Carrera by deed dated 8/28/97 and recorded. 10/13/97 in Deed Book 165, Page 1072 granted and conveyed unto Dianne K. Bender. TO BE SOLD AS THE PROPERTY OF DIANNE K. BENDER ON JUDGMENT NO. 2002 4369. ASSESSMENT ## 38-19-1621-155 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of CUMBERLAND Common Pleas Court Case Number: 2002-4369 Court Date: 3/5/2003 Plaintiff: WASHINGTON MUTUAL BANK, F.A., vs. Defendant: DIANNE K. BENDER For: Leon Haller PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 Received by CHOICE PROCESS-ORLANDO on the 10th day of January, 2003 at 8:43 am to be served on DIANNE K. BENDER, 3079 LAHLOR LANE, TARPON SPRINGS, FLORIDA 34684. I, Gregory Douglas Miller, being duly sworn, depose and say that on the 13th day of January, 2003 at 5:00 pm, I: SUBSTITUTE SERVED: Pursuant to 48.031(1) by leaving a true copy of this NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 with the date and hour of service endorsed thereon by me, at the within named person's usual place of abode, to a person residing therein who is 15 years of age or older to wit: SHELBY BENDER, DAUGHTER and informing said person of the contents thereof. I certify that I am over the age of 18, have no interest in the above action, and am a certified process server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 14th day of January, 2003 by the affiant who is personally known to me. NOTA w wrw Gregory6"60s Miller APPT # 56940229 CHOICE PROCESS-ORLANDO 132 E Colonial Dr Ste 220 Orlando, FL 32801 (407) 423-0667 Our Job Serial Number: 2003000182 'r Matthew McMin • MY C?# htwi `ELvL[)0? Database Services, Inc. -Process Server's To??lbox V5.5f *c November 18, LWO iif t BONDED nHnu reor FAIN n+suannM W Re: WAMU v. Bender Cumberland 3/5/03 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: Dianne K. Bender 3079 Lahlor Lane Tarron Springs, FL 34684 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Salvatore Carrera 1017 SW 37th Street Cape Coral, FL 33914 Postmark: sasn ? 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 t Cheryl Carrera 1017 SW 37th Street Cape Coral, FL 33914 Postage: Postage: METE?. EPA ? S76763505 .'9 0 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Green Tree Consumer Discount Company 301 Hartzdale Drive Camp Hill, PA 17011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark- sain Wells Fargo Financial Bank .? goo. c/o Nationwide Title Clearing 101 North Brand Boulevard t Suite 1800 fl- Glendale, CA 91203 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 Ray Bender, Sr. 15 Nottingham Drive Mechanicsburg, PA 17055 z iak roses V?; A F4::ta ;1t R U. S. POSTAL SERVICE CERTIFICATE OF MAILING _(In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (t1 SB-?,, 2 JAN •2'03 0 t, C U « PA SME?Ea s 6763565 4 r' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 )n Mutual Bank Loans Inc sbm to Fleet Mtg Corp is the grantee the same having been sold to sad grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Execution issued on the 3rd 4ay of December, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 of Washington Mutual Bank FA against Dianne K Bender is duly recorded in 256, Page 957. IN TESTIMONY WHEREOF, I and seal of said office this Yf I& u-L- , A.D. 2003 a 4369, at the suit ff's Deed Book No. hereunto set my hand A 1 day of Recorder of Deeds Washington Mutual Bank, FA VS Dianne K. Bender In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4369 Civil Term R. Thomas Kline, Sheriff, who being duly, sworn according to la, served the above Real Estate Writ, Notice and Description in the followij Sheriff mailed a notice of the pendency of the action to one of the within defendants to wit: Dianne K. Bender, by Certified Mail, Return Receipt Restricted Delivery, Deliver to Addressee Only to her last known address Lane, Palm Harbor, FL 34684-1779. This letter was mailed under the da 26, 2002. Unopened letter was returned to the Cumberland. County Sheri January 23, 2003 with reason checked "unclaimed." Valerie Weary, Deputy Sheriff, who being duly sworn according that on January 06, 2003 at 9:04 o'clock P.M., she posted a true copy of t Estate Writ, Notice, Poster and Description, in the above entitled action, property of Dianne K. Bender located at 15 Nottingham Drive, Mechanic Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to lave after due and legal notice had been given according to law, he exposed th described premises at public venue or outcry at the Courthouse, Carlisle, County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold t: sum of $1.00 to Attorney Leon P. Haller for Washington Mutual Bank, F Washington Mutual Home Loan, Inc., successor by merger in interest to Corp. It being the highest bid and best price received for the same, Wash Bank, FA, successor to Washington Mutual Home Loan, Inc., successor l interest to Fleet Mortgage Corp. of P.O. Box 1169, Dept. 2265, Milwad being the buyer in this execution, paid to Sheriff R. Thomas Kline the sui being costs. Sheriffs Costs: Docketing $30.00 Poundage 17.31 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 4.83 Certified Mail 12.80 Levy 15.00 Surcharge 20.00 , states he manner: The requested, of 3079 Lahlor of December r s Office on law, states within Real on the states that within -umberland ie same for the k, successor to leet Mortgage ington Mutual y merger in ee, WI 53201, 1 of $882.90, it Law Journal 321.20 Patriot News 300.55 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $882.90 Sworn and subscribed to before me This q - day of Oul? 2003, A.D. T` othonotary So Answers: R. Thomas Kline, S BY J Real Estate eputy 30 (,S &dl- 00,41- (4 WASHINGTON MUTUAL BANK, FA PLAINTIFF VS. DIANNE K. BENDER DEFENDANT AFF IN THE COURT OF'COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 4369 IN MORTGAGE FORECLOSURE TO P. The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praeci e for the writ of execution was filed, the following information concerning the real property located at 15 NOTTINGHAM DRIVE, MEC ICSBURG, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Dianne K. Bender_ 3079 Lahlor Lane Tarron Springs, FL 34684 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: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (APHID ANY O'T'HERS AS NOTED BELOW) Sal k; atore Carrera 1017 SW 37th Street Cape Coral, FL 33914 Cheryl Carrera 1017 SW 37th Street Cape Coral, FL 33914 Green Tree Consumer Discount Company 30-L Hartzdale Drive Camp Hill, PA 17011 Wells Fargo Financial Bank c/o Nationwide Title Clearing 101 North Brand Boulevard Suite 1800 Glendale, CA 91203 -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 perso of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Ray Bender, Sr. 15 Nottingham Drive Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresse 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. Haller IPA I.D. #15700 Purcel-, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 2, 2002 MUTUAL BANK, FA WASHINGTON PLAINTIFF VS. K. BENDER DIANNE FENDANT DE COMMON PLEAS THE COURT OF PENNSYLVANIA IN CUMBERLAND COUNT CIVIL ACTION NO. 20)02 4369 IN MORTGAGE F( JIFF' S ter,,.. RSUANT tTO PU TAKE NOTICE: Property (r That the Sheriff's Sale of Real held: 2003 WEDNESDAY, MARCH 5, DATE TIME: 10:0.0 O'clock A.M. Commissioner's Hearing Roo LOCATION: 211d Floor Courthou e Cumberland Count;' 17 13 Carlisle, Pennsylvania SURE estate) will be detail in a legal TO BE SOLD is delineated 1 of the measured THE PROPERTY a statem btief mention of the t.on mainly consisting her with a the land. descrip of the property, tog erected on other major impr,;vements boundaries buildings and any (SEE DESCRIPTION ATTACHED) to be sold is: THE LOCATION of your property 15 NOTTINGHAM DRIVE MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA 947.3' in the amount 0f 1. d do c THE JUDGMENT being sold is which your property is Commonwealth and County to: NO. 2002 4369 THE NAME (S) OF THE OWNER (S) OR REPUTED is: under or pursuant to =ted in the within of this property K:\MKF\DOGS\C UM BERLA\BEN DER. NOS DIANNE K. BENDER - REAL OWNER 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 accord nce with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of -he date t is filed. Information about the Schedule of Distribution ay be obtained from the Sheriff of the Court of Common Pleas of th within County at the Courthouse address specified herein. YOUR PROPERTY. AND PLA_C_ E (OF THE SALE IT MAY CAUSE PAY THE JUDGMENT. You may have legal rights to prevent your prop rty 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 NCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WH RE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 Association 17013 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 ( the within County to open the judgment if: you have defense against the person or company that has en against you. You may also file an petition with the you are aware of a legal defect in the obligation of used against you. .ommon Pleas of a meritorious tered judgment same Court if the procedure •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 prope cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED ISI DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be pr rented 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 o 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 f the petition to the Court. A copy of the Writ of Execution is attached he?eto. PURCELL, KRUG & HALLE] Attorneys for Plainti: 1719 North Front Stre( Harrisburg, PA 17102 (717) 234-4178 f !t ALL "THAT CERTAIN tract of land situate in Silver Spring Township Cumberland County, Pennsylvania, shown on a Plan entitled Final Subdivision Plan of Phas I, Southfield Crossing, dated July 30, 1984, and revised April 30, 1986, in Cumberland County Plan Book 51, Page 17, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly sideline of Nottingham Drive. (50.00') public right-of-way, at the dividing line between Lot No. 13-D and Lc shown on said Plan, thence by Lot No. 13-D South nine degrees. thirty-five mii seconds East (S 09°35'59" E), a distance of one hundred thirty-three and forty- feet (133.40) to a point; tlience by l.:nds now or formerly of Southfield Crossil eighty degrees twenty-four minutes one second East (N 80°24'01" E), a distant feet (25.00') to a point; thence by Lot No. 13-E North nine degrees thirty-five seconds West (N 09°35'59" W), a distance of one hundred twenty and ninety-t, feet (120.92') to a point on the southerly sideline.of Nottingham Drive; thence the arc of a curve to the left having a radius of one hundred seventy-five feet (I length of twenty-eight feet (28 00'), the place of BEGINNING. BEING Lot No. I3-E of the above referenced Plan and containing 3,1 more or less. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUE NOTTINGHAM DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 a fifty foot No. 13-E as utes fifty-nine ;ix one hundredths Limited North of twenty-five unutes fifty-nine io one hundredths y said sideline by 75.001 an arc 26 square feet, KNOWN AS 15 BEING THE SAME PREMISES WHICH Salvatore G. Carrera and Cheryl K. Carrera by deed dated 8/28/97 and recorded 10/13/9' in Deed Book 165, Page 1072 granted and conveyed unto Dianne K. ender. TO BE SOLD AS THE PROPERTY OF DIANNE K. BENDER ON NO. 2002 4369. ASSESSMENT 4 38-19-1621-155 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4369 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, A, Plaintiff (s) From DIANNE K. BENDER, 15 NOTTINGHAM DRIVE, MECHANICSBUR , PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE EGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee() 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 h s been added as a garnishee and is enjoined as above stated. Amount Due $118,947.37 L.L. $30 Interest AT $23.06 PER DIEM TO SALE DATE $3,551.24 Atty's Comm % Due Prothy $1.00 Atty Paid $130.14 Other Costs LATE CHARRGE AT $39.14 PER MONTH TO SALE DATE $156.56 - ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: DECEMBER 3, 2002 CURTIS R. LONG (Seal) REQUESTING PARTY: Deputy Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 45 On December 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA known and numbered as 15 Nottingham Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 9, 2002 By:jb --tip, Real Est tie Deputy Lam. - o __3 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphinj 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 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 P ot- of newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and atriNews 18th, 1949, respectively, and all have been continuous) published to September That the printed notice or publication which is securely attached the eto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. That neither he nor said Company is interested in the subject matter of said notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and printed That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimous) adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded this the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book «M, Y passed and Volume 14, Page 317. Y y in PUBLICATION -~-- COPY .. S A L E #45 Sworn to and subscri ed efo ?? this 14th di of Fery 2003 A D REAL ESTATE SALE No. 45 Writ No. 2002-4369 Ci ^ . . Notarial Se Terry L. Russell, Notary P J City Of Harrisburg Dauphin ? ; ? v il Term Washington Mutual Bank, FA ? , -- MY Commission Expires June 6, 2006 NNE T VpLI ARBLIC vs Dianne K. Bender Member. Pennsylvania Association of Notariey commission expires June 6 2006 Atty: Leon Haller , DESCRIPTION ALL THAT CERTAIN tract of land situate i CUMBERLAND COUNTY SHERIFFS OFFICE n Silver Spring Township, Cumberland County, Pennsylvania, shown on a Plan entitled Fi l CUMBER LAND COUNTY COURTHOUSE CARLISLE na Subdivision Plan of Phase I, Southfield Crossing, dated July 30 1984 and revi d A il , PA. 17013 , . se pr 30. 1986, in Cumberland C, !nty Plan Book 51, Page 17, more particularq bounded and described as more + Statement of Advertising Costs follow s, to wit: BEGINNING at a point on the southerly sideline of N i To THE PATRIOT-NEWS CO., Dr. For publishing the i ott ngham Drive, a fifty foot (50.00') public right-of-way, at the dividing line between Lot No. not ce or publication attached hereto on the above stated d 13-D and Lot No. 13-E as shown on said Plan; thence by Lot No. 13-D South nine degrees hi ates Probating same $ 298.80 Notary Fee(s) $ t rty-five minutes fifty-nine seconds East (S 09 degrees 35 minutes 59 seconds E) a di t TOtal 1 .75 , s ance of one hundred thirty-three and forty-six one 300.55 Publisher's Recei t f The Patriot News Co., i p or Advertising publisher of The Pat i c rculation, hereby acknowledge been duly paid. r ot-News and The Sunday Patriot-News, newspapers of receipt of the aforesaid notice and publication costs and general certifies that th e same have BY ................ hundredths lee[ 1 1!,1? 1 cur, atelk, lands now or formerly of Southfield Crossing Limited North eighty degrees twenty-i minutes one second East (N 80 degrees - minutes 01 second E), a distance of twenty-fist feet (25.00') to a point; thence by Lot No 13-1. North nine degrees thirty-five minutes fifty-nine seconds West (N 09 degrees 35 minutes S° seconds W). a distance of one hundred twenty and ninety-two one hundredths feet (120.92') to a point on the southerly sideline of Nottingham Drive; thence by said sideline by the are of a curve to the left having a radius of one hundred seventy-five feet (175.00'), an arc length of twenty-eight feet (28.00'), the place BEGINNING. BEING Lot No. i3-E of the above reierena,i Plan and containing 3,190.26 square feet. more er less. HAVING THEREON erected a residential dwelling house known as 15 Nottingham Drive. Mechanicsburg, PA 17055. BEING THE SAME PREMISES which Salvatore G. Carrera and Cheryl K. Carrera h•, deed dated 8/28/97 and recorded 10/13/97 in Deed Book 165, Page 1072 granted and conveyed unto Dianne K. Bender. TO BE SOLD AS THE PROPERTY of Diamic K. Bender on Judgment No. 2002 4369. ASSESSMENT #38-19-1621-155 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: JANUARY 31, FEBRUARY 7, 14, 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. 48 Writ No. 2002-4369 Civil Washington Mutual Bank, FA vs. Dianne K. Bender Atty.: Leon Haller ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, shown on a Plan entitled Final Sub- division Plan of Phase I, Southfield Crossing, dated July 30, 1984, and revised April 30, 1986, in Cumber- land County Plan Book 51, Page 17, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the southerly sideline of Nottingham Drive, a fifty foot (50.00') public right-of-way, at the dividing line between Lot No. 13-D and Lot No. 13-E as shown on said Plan; thence by Lot No. 13-D South nine degrees sa Editor WORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY 2003 LOI$ E. P, Notary PL!t k Carus em, Currbe&,w cc?t My Corm E*m Marl ;?, thirty-five minutes fifty-nine sec- onds East (S 09° 35' 59" E), a dis- tance of one hundred thirty-three and forty-six one hundredths feet (133.46') to a point; thence by lands now or formerly of Southfield Cross- ing Limited North eighty degrees twenty-four minutes one second East (N 80° 24' 01" E), a distance of twenty-five feet (25.00') to a point; thence by Lot No. 13-E North nine degrees thirty-five minutes fifty-nine seconds West (N 09° 35' 59" W), a distance of one hundred twenty and ninety-two one hundredths feet (120.92') to a point on the southerly sideline of Nottingham Drive; thence by said sideline by the are of a curve to the left having a radius of one hundred seventy-five feet (175.00'), an arc length of twenty-eight feet (28 00'), the place of BEGINNING. BEING Lot No. 13-E of the above referenced Plan and containing 3,190.26 square feet, more or less. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 15 NOTTINGHAM DRIVE, MECHANICSBURG, PENN- SYLVANIA 17055. BEING THE SAME PREMISES WHICH Salvatore G. Carrera and Cheryl K. Carrera by deed dated 8/ 28/97 and recorded 10/13/97 in Deed Book 165, Page 1072 granted and conveyed unto Dianne K. Bend- er. TO BE SOLD AS THE PROPER- TY OF DIANNE K. BENDER ON JUDGMENT NO. 2002 4369. ASSESSMENT #38-19-1621-155. t?