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HomeMy WebLinkAbout03-0143FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MO1NES, IA 50392 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION JAMES W. MASONHEIMER WANDA L. ORTH 2258 PINE ROAD NEWVILLE, PA 17241 Plaintiff TERM NO. O.:?- /73 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 001128778-6NZB IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is PRINCI?AL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 The name(s) and last known address(es) of the Defendant(s) are: JAMES W. MASONHEIMER WANDA L. ORTH 2258 PINE ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/27/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST NATIONAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1372, Page 492. By Assignment of Mortgage recorded 5/I/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 546, Page 540. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2002 through 01/08/2003 (Per Diem $15.84) Attorney's Fees Cumulative Late Charges 03/27/1997 to 01/01/2003 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal $82,581.04 2,059.20 1,225.00 69.70 $ 55___00.00 $ 86,484.94 - 532.38 0.00 $- 532.38 TOTAL $ 85,952.56 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event cfa third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an author/zed consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 85,952.56, together with interest from 0'~8/2003 at the rate of $15.84 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL. that certaJ~ tract, of' land known ~ Lot Number 1, situate in Penn Township, CumberJand County, Pennsylvania, bounded and described in accordance with a survey made by [,any V. ~e~dJ~nger, Registered Surveyor, dated August 2, 197G, as f*ol~ows: BEG~NZ2qG at In ~ron pin On the Southern rlght-~F-way o~'LR.21008 (Pine Road) being the Northeast corner oFLot No. 1; thence along the land of'Mrs. R. Stanley WJtmet, now or Formerly, Soulh Nine (09) Degrees Forty (40) Minutes West Four Hundred Twenty. One and Fifty-Six Hundredths (421.56) Feet to an iron pin; thence along the property now or formerly of ~tark E. Kill,an North Eight-Seven (87) Degrees Twenty-Three (23) Minutes Thir~y-q'wo (32) Seconds West One Hundred Thirty-Two and Forty-Four Hundredths (I.1:2..t4) Feet to an ~ron pin; thence along Lot No. 2 North Nine (09) Degrees Twelve (12) M~n ~tes One (1) Second East Four Hundred Thirt -S' Hundredths f436. 75~ ~ .~ ~. .... : ...... ~' ~ and Seventy-Five , ~ Feet ,~, ,~,, ,u,, pm, mence mong tt~e :southern t~ght-of'-way ot~ LR 21008 South Eighty (80) Degrees Forty. Seren (47) M~nutes Fifty-Nine ($9) Seconds East One Hundred Thirty-Five (13S) Feet to the place oFBEGINNTNG. CONT.,M'NI~G 1 313 Acres and being Lot Number 1, according to a Sub-Division Plan by Larry V. Ne~d ~nger, p.l=., dated ,6ddgust 12, I~76 and recorded in the Office oFthe Recorder of Deed.= in and t"or Cumberland County, Pennsylvania in Plan Rook 29, at Page ~08. BEING the same I,roperty which AJ~'red L. Wagner and Deris $. Wagner, his wife, by'dend dated August ~6, 1978, and recorded in the Office or' the Recorder o1" Deeds in and i'or CumberL',nd Coun y, Pennsylvania, in Deed Book "Z", Volume 27, Page $39, granted ~nd conveyed unto Cr4, y R. Ful£er and Retry J. Fulrer, his wife, the Grentor~ herein. ]~F. TNG ICNOi4N AS: 2258 ~[NE ROAD. VERIFICATION TRACY MARTIN, hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2003-00143 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS MASONHEIMER JAMES W ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MASONHEIMER JAMES W the DEFENDANT , at 1451:00 HOURS, on the 13th day of January at 2258 PINE ROAD NEWVILLE, PA 17241 by handing to JAMES W MASONHEIMER a true and attested copy of COMPLAINT - MORT FORE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /./~ day of ~'~,~-,,~.~ ~3 A.D. / l~ ? Prothonotary ~ ' So Answers: R. Thomas Kline 01/14/2003 FEDERMAN & P~IEIz~I~ '-~ .. '~__ .~Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00143 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS MASONHEIMER JAMES W ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ORTH WANDA L the DEFENDANT , at 1451:00 HOURS, on the 13th day of January , 2003 at 2258 PINE ROAD NEWVILLE, PA 17241 JAMES W MASONHEIMER by handing to ADULT IN CHARGE 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 /~ day of ~__F~ ~3 A.D. / ;Prothonotary So Answers: R. Thomas Kline 01/14/2003 . /] FEDERMAN & PHE~/// ~ //~ ~ Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 Ve JAMES W. MASONI~JM R WANDA L. ORTH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-143-CV PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES W. MASONHEIMER and WANDA L. ORTH, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fi.om service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest fi.om 1/9/03 to 2/18/03 TOTAL $85,952.56 $ 649.44 $86,602.00 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA~D. PRO PROTHY FEDERMAN AND PHELA31 BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~1 ~ 563-7000 Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY JAMES W. MASONHEIMER WANDA L. ORTH : NO. 03-13-CIVIL Defendant (s) TO: JAMES-W. MASONHEIMER 2258 PINE ROAD NEWVILLE, PA 17~41 DATE OF NOTICE: FEBRUARY 4, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAV~PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICe. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FILE COP Frank Federman, Esquire AttOrney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kcnn~ly BOuleVard Suite 1400 Philadelphia, PA 19103-1814 s) s6 -7ooo Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff US o. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND cOUNTY JAMES W. MASONHEIMER WANDA L. ORTH : NO. 03-t3-CIVIL Defendant (s) TO: WANDA L. ORTH 2258 PINEROAD NEWVILLE, PA 17241 DATE OF NOTICE: FEBRUARY 4, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVe, PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 6LE COPY Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET Plaintiff, JAMES W. MASONltEIMER WANDA L. ORTH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-143-CV VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES W. MASONHEIMER is over 18 years of age and resides at 2258 PINE ROAD, NEWVILLE, PA 17241 . (c) that defendant WANDA L. ORTH is over 18 years of age, and resides at 2258 PINE ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PRINCIPAL RESIDENTIAL MORTGAGE, INC. : Plaintiff, : V. .. JAMES W. MASONHEIMER : WANDA L. ORTH : Defendant(s). : No. 03-143-CV TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/19/03 to 6/11/03 (per diem -$14.24) TOTAL $86,602.00 '~/ $ 1,609.12 and Costs $88,211.12 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. DESCRIFrION ALL THAT CERTAIN tract of land known as Lot Number 1, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Larry V. Neidlinger, Registered Surveyor, dated August 2, 1976, as follows: BEGINNTNG at an iron pin on the Southern right-of-way of LR21008 (Pine Road) being the Northeast corner of Lot No. 1; thence along the land of Mrs. R. Stanley Witmer, now or forrnerly, South Nine (09) degree, s forty (40) minutes West four hundred twenty-one and fifty-six hundredths (,,21.56) feet to an iron pin; thence along the property now or formerly of Mark E. Killian North eight-seven (87) degrees twenty-three (23) minutes thirty-two (32) seconds West one hundred thi .rty-two and forty-{bur hundredths (132.44) feet to an iron pin; thence 'along Lot No. 2 North nine (09) degrees twelve (12) minutes one (1) second East four hundred thirty-six and seventy-five hundredths (436.75) feet to an iron pin; thence along the Southern right-of-way of LR 21008 South eighty (80) degrees forty-seven (47) minutes fifty-nine (59) seconds East one hundred thirty-five (135) feet to the place of BEGINNING. CONTAINING 1.313 acres and being Lot Number 1, according to a Sub-Division Plan by larry V. Neidlinger, P.E., dated August 12, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 29, at Page 108. Tax Map//11-302, Parcel//016 .TITLE TO SAID PREMISES IS VESTED IN lames W. Ma$onheimer and Wands L. Orth, single individuals, as joint tenants wit~ rights of survivorship by Deed from Curtis W. Fuller, Executor under the Last Will and Testament of Betty I. Fuller, deceased dated 3/27/1997 and recorded 3/31/1997 in Deed Book 155, Page 129. Premises: 2255 ~INE ROAD, NEWVILLE, PA, 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-141 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff (s) From 17241. (1) (2) of JAMES W. MASONHEIMER and WANDA L. ORTH, 2258 PINE ROAD, NEWVILLE PA You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 258 PINE ROAD, NEWVILLE PA 17241 (SEE ATTACHED LEGAL DESCRIPTION). You are also directed to attach the property of the defendant(s) not levied upon in the possession 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 $86,602.00 Imerest 2/19/03 TO 6/11/03 ~ $14.24 per diem Atty's Comm % Atty Paid $134.28 PlainfiffPaid Date: 2/21/03 L.L. $.50 $1,609.1~_ Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Prothi~otary By: ~J~ CURTIS R. LONG Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD. - SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (21s) s63-7ooo PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, JAMES W. MASON-HEIMER WANDA L. ORTH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-143-CV CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, JAMES W. MASONItEIMER WANDA L. ORTH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-143-CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipc for thc Writ of Execution was filed the following information concerning thc real property located at ~2258 PINE ROAD, NEWVILLE~ PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES W. MASONHEIMER 2258 PINE ROAD NEWVILLE, PA 17241 WANDA L. ORTH 2258 PINE ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nallle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Sanle PENNSYLVANIA STATE BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 1 NORTH HANOVER STREET CARLISLE, PA 17103 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX Last Known Address (if address cannot be reasonably ascertained, please indicate) 6TM FLOOR, STRAWBERRY SQt Am DEPT. #280601 ATTN: JOHN MURPHY HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 the property which may be affected by the sale: Name and address of every other person of whom the plaintiffhas knowledge who has any interest in Sanle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 2258 PINE ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 18, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. JAMES W. MASONHEIMER WANDA L. ORTH Defendant(s). TO: JAMES W. MASONHEIMER 2258 PINE ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 03-143-CV February 18, 2003 WANDA L. ORTH 2258 PINE ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ,,t LIEN AGAINST PROPERTY.** Your house (real estate) at ~ 2258 PINE ROAD~ NEWVILLE~ PA 17241~ is scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86~602.00 obtained by PRINCIPAL RESIDENTIAL MORTGAGE~ INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may ' find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To fmd out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 pESCRIVHON ALL TI{AT CERTAIN tract of land known as Lot Number 1, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by 'Larry V. Neidlinger, Registered Surveyor, dated August 2, I976, as follows: BEGINNING at an iron pin on the Southern right-of-way of LR21008 (Pine Road) being the Northeast comer of Lot No. 1; thence along the land of Mrs. R. Stanley Witmer, now or formerly, South Nine (09) degree, s forty (dO) minutes West four hundred twenty-one and fifty-six hundredths (~21.56) feet w an iron pin; thence along the prol~z~ now or formerly of Mark E. KilP.n North eight-seven (87) degrees twenty-three (23) minutes thirty-two (32) seconds West one huzKIred thi ,rgt-two and forty-four hundredths (132.44) feet to an iron pin; thence along Lot No. 2 North nine (09) degrees twelve (12) minutes one (1) s~.ond. East four hundred thirty-six and seventy-five hundredths (436.75) feet m an iron pin; thence along the Southern right-of-way of LR 21008 South eighty (80) degrees forty-seven (47) minutes fif~t-niae ($9) seconds East one hundred thirty-f'rve (13:5) feet to the place of BEOINNIHG. · :CONTAINING 1.313 acres and being Lot Number 1, according. to a Sub-DiviSion P-lanbY Larry V. Ncidliager, P.E,, dated August 12, 1976 and recorded in the Office of thc Recorder of Deeds in and for Cumberland County, Pennsylvania in P'lan Book 29, at Page 108. Tax Map# 11-302, Parcel//016 TITLE TO SAID PREMISES IS VF~STED I..N. lames W. Masonheimer and Wands L. Orth, single individuals, as joint tenants with rights of survivorship by Deed from Curtis W. Futfer, Executor under the Last Will and Testament of Betty 1. Fuller, de'~ dated 3/2711997 and recorded 3/31/1997 ia Deed Book 155, Page 129. Premises: 2258 PINE ROAD, NEWVILLE, PA, 17241 AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) JAMES W. MASONHEIMER WANDA L. ORTH SERVE WANDA L. ORTH AT 2258 PINE ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY KMD No. 03-143-CV ACCT. #001128778-6 Type of Action - Notice of Sheriff's Sale Sale Date: 6/11/03 SERVED Served and made known to W)x~t~p~ O~TI~ , Defendant, on the at ~ ' ~ ' __ ,0 ,oclockl~.m.,at ~ZS~ ~-'1~, ~ M~W~6~ ~ day of ~AJ~g~H ,2003__, , Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age t/O Height Si ~ u Weight Z O 0 Race ~ Sex ~ Other I, ~7 {¢O~ .~t?O, I~$ , a competem adult, berg duly sworn accor~g to law, depose ~d state ~at.i pers6nally handed a ~e and co~ect copy of~e Notice of Sheriffs Sale ~ ~e ~er as set fo~ here~, issued ~ ~e captioned case on the date and ~t · e ad,ess ~cated above. Sworn to ~d subscribed before me t~s ~ day of ~, ,200~. , Nota~: ~~ ~~~ By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. I~]CATE DATES & T~ES OF SER~CE ATTEMPTED, NOT SERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer __ Vacant 1st Attempt: / / Time: · 2nd Attempt: / / Time: · 3rd Attempt: / / Time: · Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF OErENOA T(S) AFFIDAVIT OF SERVICE PRINCIPAL RESIDENTIAL MORTGAGE, INC. JAMES W. MASONHEIMER WANDA L. ORTH SERVE JAMES W. MASONHEIMER AT 2258 PINE ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY KMD No. 03-143-CV ACCT. #001128778-6. Type of Action - Notice of Sheriff's Sale Sale Date: 6/11/03 SERVED Served and made known to 3Pd~£3 ]"4ASolaH~r. Oo~ ,Defendant, onthe at <~-0~)., o'clock~__.rr~, at ~,~.5~ ~)I'b~ gl) /~t,~Nbt~'t~ '7, t~P day of j~AAg~O/ ,200.]_~ _, Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. o4, Adult family member with whom Defendant(s) reside(s). Relationship is ~Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of smd Defendant(s) company. Other: Description: Age &/0 Height ~' ~'' Weight ZoQ Race ~ Sex /~ Other I, ¢ ]e~ ~(.tt 1¢.~ eom etent adult, being duly sworn according to law, depose and state that I personally handed ,~a~. !p~ ~ · . ............. * c,,rth herein issued in the captioned case on the date and at a tree and correct copy of the Notice ot ~nenn' s ~a~e ~n me naum~x a~ o .... , __ the address indicated above, i ' ~ i UndaJ.~, N°t~a~/Pffalic Sworn to and sub, sr~bed I Oarl~ IS:to, C, um~fland Gour~ _ I before me this q ~'~ day . . t/nm~.~la~a~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of .., 200~, at __ Moved Unknown ~ No Answer 1St Attempt: / / Time: ' o'clock __.m., Defendant NOT FOUND because: Vacant 2"d Attempt: / / Time: 3rd Attempt: / / Time: ' Sworn to and subscribed before me this ~ day of ., 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: PRINCIPAL RESIDENTIAL MORTGAGE, INC. ) ) CIVIL ACTION VS. JAMES W. MASONHEIMER WANDA L. ORTH ) CIVIL DIVISION ) NO. 03-143 CV AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC. hereby verify that on 2/19/03 & 4/22/03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 8, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ? SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Pennsylvania State Bank is the grantee the same having been sold to said grantee on the 1 lth day of June A.D., 2003, under and by virtue of a writ Execution issued on the 21st day of Fe~b, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 143, at the suit of Principal Residential Mt lnc against James W Masonheimer & Wanda L Orth is duly recorded in Sheriff's Deed Book No. 258, Page 1986. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this iT i day of , A.D. 2003 ~R~er of Deeds Principal Residential Mortgage, Inc. VS James W. Masonheimer and Wanda L. Orth In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-143 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 9:00 o'clock PM, 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: Jason W. Masonheimer, by making known unto Jason W. Masonheimer, personally, at 2258 Pine Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 9:00 o'clock PM, 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: Wanda L. Orth, by making known unto Jason W. Masonheimer, adult in charge of residence, at 2258 Pine Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 10, 2003 at 10:14 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 James W. Masonheimer and Wanda L. Orth located at 2258 Pine Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: James W. Masonheimer, by regular mail to his last known address of 2258 Pine Road, Newville, PA 17241. This letter was mailed under the date of April 7, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Wanda L. Orth, by regular mail to her last known address of 2258 Pine Road, Newville, PA 17241. This letter was mailed under the date of April 7, 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 June 11, 2003 at 10:00 o'clock A,M. He sold the same for the sum of $96,201.00 to Pennsylvania State Bank. It being the highest bid and best price received for the same, Pennsylvania State Bank of 2148 Market Street, Camp Hill, PA 17011, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $98,325.02. Sheriffs Costs: Docketing 30.00 Poundage 1,924.02 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 17.94 Levy 15.00 Surcharge 30.00 Law Journal 321.20 Patriot News 244.54 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $2,743.94 This 4 ~ day of 2003, A,D. ~,,.~ ~.~ ).?t,~, ~a,$~ ,~ R.By~Thomas Kline, Sheriff Prothonotary Real Estatt0Deputy SCHEDULE OF DISTRIBUTION SALE NO. 60 Date Filed: July 11, 2003 Writ No. 2003-143 Civil Term Principal Residential Mortgage, Inc. VS James W. Masonheimer and Wanda L. Orth 2258 Pine Road Newville, PA 17241 Sale Date: Buyer: Bid Price: June 11, 2003 Pennsylvania State Bank $96,201.00 Real Debt: $86,602.00 Interest: 1,609.12 Attorney Costs: 134.28 Total: $88,345.40 DISTRIBUTION: Receipts: Cash on account (03/14/03): $1,500.00 Cash on account (06/11/03): 9,620.00 Cash on account (06/24/03): 88,705.02 Total Receipts: $99,825.02 Disbursements: To Sheriffs Costs: $ 2,743.94 To Legal Search: 200.00 To Principal Residential Mortgage, Inc. $88,345.40 To Attorney Federman $ 1,500.00 To Pennsylvania State Bank $ 7,035.68 Total Disbursements: Balance for distribution: ($99,825.O2) 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. 60 Held Wednesday, June 11, 2003 Date: June 11, 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 2003, and recorded 2003, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Curtis W, Fulfer, Executor of the Estate of Betty J. Fuller by deed dated March 27, 1997 and recorded March 3 l, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 155, Page 129, granted and conveyed to James W. Masonheimer and Wanda L.Orth. 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 L. R. 21008, known as Pine Road. 6. Building setbacks and conditions as set forth on the Subdivision Plan by Larry V. Neidlinger, P.E. dated August 12, 1976 and recorded in Plan Book 29, Page 108. Mortgage in the amount of $89,300.00 given by James W. Masonheimer and Wanda L. Orth to First National Mortgage Corporation. dated March 27, 1997 and recorded March 31, 1997 in Mortgage Book 1372 Page 492. Assigned to Principal Residential Mortgage, Inc. by instrument recorded May 1, 1997 in Miscellaneous Record Book 546, Page 540.. Complaint in mortgage foreclosure filed by Principal Residential Mortgage, Inc. as Plaintiff against James W. Masonheimer and Wanda L. Orth as Defendants in the Office of the Prothonotary of Cumberland County on January 9, 2003 to file no. 2003-143. Default judgment in the amount of $86,602.00 entered February 21, 2003. Mortgage in the amount of $32,000.00 given by James W. Masonheimer and Wanda L. Orth to PA State Bank dated August 17, 2000 and recorded August 22, 2000 in Mortgage Book 1633, Page 1068. 8. Building and use restrictions imposed by instrument recorded December 7, 1976 in Miscellaneous Record Book 225, Page 591. 9. Rights granted to United Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 231, Page 149. 10. Satisfactory evidence to be prodt~ced flint proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. 11. Real estate taxes accruing on and after July 1, 2003 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. P,F.,AL ESTATE SALE NO. 60 Writ No. 2003-143 Civil Principal Residential Mortgage, Inc. vs. James W. Masorlhetmer and Wanda L. Orth Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN tract of land known as Lot Number 1, situate in Penn Township, Cumberland Cotm- ty, Pennsylvania, bounded and de- scribed in accordance with a survey made by Larry V. Neldlinger, Regis- tered Surveyor, dated August 2, 1976, as follows: BEGINNING at an iron pin on the Southern right-of-way of LR21008 (Pine Road) being the Northeast cor- ner of Lot No. 1; thence along the land of Mrs. R. Stanley Witmer, now or formerly, South Nine {09) degrees forty {40) minutes West four hun- dred twenty-one and fifty-alx hun- dredths {421.56) feet to an iron pin; thence along the property now or formerly of Mark E. Klllian North eight-seven {$7) degrees twenty-three {23) minutes thirty-two {32) seconds West one hundred thirty-two and forty-four hundredths (132.44) feet to an h-on pin; thence along Lot NO. 2 North nine (09) degrees twelve {12) minutes one (i) second East four hundred third-six and seventy-five hundredths (436.75] feet to an iron pin; thence along the Southern right-of-way of LR 21008 South eighty (80) degrees forty-seven {47) minutes filly-nine (59) seconds East one hundred thirty-five {135) feet to the place of BEGINNING. CONTAINING 1,313 acres and being LOt Number 1, according to a Sub-Division Plan by Larry V. Neid- linger, P.E., dated August 12, 1976 and recorded in the Office of the Recorder of Deeds in arid for Cum- berland County, Pennsylvania In Plan Book 29, at Page 108. Tax Map #11-302, Parcel //016. TITLE TO SAID PREMISES IS VESTED IN Ja~nes W. Masonheimer and Wanda L. Orth, single individu- als, as joint tenants with rights of survivorship by Deed from Curtis W. Fulfer, Executor under the Last Will and Testament of Betty J. Fulfer, deceased dated 3/27/1997 and recorded 3/31/1997 in Deed Book 155, Page 129. Premises: 2258 PINE ROAD, NEWVILLE, PA, 17241. · PRINCIPAL RESIDENTIAL MORTGAGE, LNC. Plaintiff, JAMES W. MASONHEIMER WANDA L. ORTH Defendant(s). AFFIDAVIT PURSUANT CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-143-CV COPY PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,2258 PINE ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES W. MASONHEIMER 2258 PINE ROAD NEWVILLE, PA 17241 WANDA L. ORTH 2258 PINE ROAD NEW'VILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: NBIIle PENNSYLVANIA STATE BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 1 NORTH HANOVER STREET CARLISLE, PA 17103 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. maine COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX Last Known Address (if address cannot be reasonably ascertained, please indicate) 6TM FLOOR, STRAWBERRY SQUARE DEPT. #280601 ATTN: JOHN MURPHY HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2258 PINE ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my per~0nal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 18, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, JAMES W. MASONHEIMER WANDA L. ORTH Defendant(s). TO: JAMES W. MASONItEIMER 2258 PINE ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 03-143-CV February 18, 2003 WANDA L. ORTH 2258 PINE ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR A TTEMPT1NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 2258 PINE ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,602.00 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL TItAT CERTAIN tract of land known as Lot Number 1, situate in Penn Township, Cumberland County, Penn,sylvania, bounded and described in accordance with a survey made by La~y V. Neidllnger, Registered Surveyor, dated August 2, 1976, as follows: BEGINNING at an iron pin on th~ Southern fight-of-way of LP,21008 (Pine Road) being the Northeast comer of Lot No. 1; thence along the land of Mrs. R. Stanley Witmer, now or formerly, South Nine (09) degree, forty (40) mln~]t~ West foul' hlmdred twenty-one and fifty-six h-nt~lredths (421.56) feet to an iron pi,~; thence along the property now or formerly of Mark E. Kil!inn North eight-s~'cn (87) d~gree8 t'wellty-three (23) mlnut{~ thi~otwo (32) seconds West uno humh'ed thir0t-two and forty-four hundredths (132.44) feet to an iron pin; ~ along Lot No. 2 North nine (09) degrees twelve (12) minutes un~ (i) secun{I East four hundred thirty-six ami seventy-five hundredths (436.7:5) feet to an iron pin; thence along file Southern fight-of-way of LR 21008 South eighty (80) degrees forty-seven (47) minutes fiRy-nine (/ii)) s~comis Ea~ one hundred thirty-five (135) feet to the place of BEGINNING. CONTAINING 1.313.acres and t~ihg Lot Number 1, according, to a Sub-Division Pisa by Larry V. Neidlinger, P.E., dated August 12, 1976 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in P'lan Book 29, at Page 108. Tax Map# 11-302, Paxce~ 016 TITLE TO SAID PREMISES IS VF, STED IN lam~s W. Masom'leimer and Wands L. Orth, single individuals, as joint tenants with rights of survivorship by Deed from Curtis W, Futfer, Executor under the Last Will and Testament of Betty L Fulfer, deceased dated 3/27/1997 and recorded 3/31/1997 in Deed Bo6k 133, Page 129. Premises: 2255 PINE ROAD, NEWVILLE, PA, 17241 Real Estate Sale # 60 On March 14, 2003 the sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA known and numbered as 2258 Pine Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2003 Real Estate Deputy