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HomeMy WebLinkAbout03-1005WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA Plaintiff VS. DOROTHY E. TUBBS AND ARTHUR D. TUBBS, SR Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE m THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff VS. DOROTHY E. TUBBS AND ARTHUR D. TUBBS, SR, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attomey within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff VS. DOROTHY E. TUBBS AND ARTHUR D. TUBBS, SR, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665 MILWAUKEE, WISCONSIN 53201. Defendant, DOROTHY E. TUBBS, is an adult individual, whose last known address is 1514 NEWVILLE ROAD, CARLISLE, PENNSYLVANIA 17013. Defendant, ARTHUR D. TUBBS, SR, is an adult individual, whose last known address is 1514 NEWVILLE ROAD, CARLISLE, PENNSYLVANIA 17013. On or about, November 20, 1995, the said Defendants, executed and delivered a Mortgage Note in the sum of $73,000.00 payable to PNC MORTGAGE CORP. OF AMERICA, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1292, Page 432 conveying to original Mortgagee the subject premises. PNC Mortgage Corp. of America is now known as Washington Mutual Bank, FA. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 1514 NEWVILLE ROAD, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $68,197.53 Interest at $15.41 per day From 06/01/2002 To 04/01/2003 ( based on contract rate of 8.250%) $5,146.94 Accumulated Late Charges $158.47 Late Charges $22.63 From 07/01/2002 to 04/01/2003 $248.92 Escrow Balance $95.46 Attorney'sFeeat5% of PrincipalBalance TOTAL $3,409.88 $77,257.20 **Together with interest at the per diem rate noted above after April 01, 2003 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.250% ($15.41 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described.By: ~tJ~~/~~C~LL~ LLER L'6on P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Wm~27622.t±~ (1600x2800x2 ti~t) [12] 'NOTE . c~s~ ,: 00-,2-e-050,,7~ -~- ' LEAR'S 1:07-1B-45718 NOTICE' THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEP~~NT OF VETERANS AFFAI~ OR I~ AUTHORIZED , - ~VEHBER 20, 1995 CA. ISLE PE~SYLV~IA' 1514 ~WVILLE R0~, C~ISLE. PENRS~V~NIA 17013-~8g L BO~OWEE'S PROM[SE TO PAY [ ~m~ m ~Y U S. $73 000 00 ................... (this ~o~t i~ eall~ ~ ~ for a I~ t~t I ha~ ~i~, · · · 'pfiaei~'), plm ia~t, m the o~ o~ ~ ~. ~ ~ is P~ ~RTGA~ C~P. 0F ~RICA. AN 0HI0 CORPORA1~ . ~hat ~ ~d~ ~Y ~ ~his No~. ~ ~ or ~o~ who ~ th~ No~ by ~ymm~ ~ ~ Nora ~ ~1~ ~ 'Note ~ I~T In~ will ~ ~ on u~d ~nci~ ~ ~ f~! ~o~ y~tl~ mm o~ ................ 8.2500%. · ' ~ ~ ~m ~ ~ t~ ~ 2 ~ ~ ~m I will ~ 6(B) of ~ Nom. 3. PA~TS (~ T~e aaa ~ Of eay~u . ' ..... I Mql ~y ~ ~ in~ oy ~ ~ym~ ~ mo I will make ~ m~y ~ym~ on ~ FIRST ~y of ~h mofl~ ~giaaiag on J~Y t , c~rg~ ~ ~ow ~% [ may owe tm~ ~s ~. My mofl~ty ~ym~m l w~l mn~ my montMy paym~nt 440 N~1H FAI~AY 0~, VER~N ~ILLS. ILLI~IS ~61 (B) ~ount ~ M~ly ~ymcn~ ~ money ~t wiU ~ ia ~ amount ~ U~. S 5a8.42 ............... · 4. BO~OW~'S ~O~ TO PR~AT 5. LO~ C~RO B a ~w, w~h ~ m ~ !~ and ] .~ ~ ...... ,+~ -u:- 6. SO~OW~ S ~ML~TO PAY ~ ~QU~D A ~te~r f~Overdue~ym~ t~ ~m it ~ d~, l ~ pya lam c~ to ~ ~om ~J~. t~ imo~ o[ ~ u,~ .. of mY ~ ~ym~k l w~l ~y ~ la~ ~ ~m~Y ~ ~Y ~ ~ ~ch late ~t. Wm~27622.ti~ (1600x2800x2 ti~) [13] (C) Notic~ of Dut.eul. t ....... e- written notice mllln~ me H I am in ~a~ }~o~ nm~ may ~ ~ '~m~ia~i~ the f~l 9. WITNE~ THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ARTHUR O: TUBBS SR. -~otrow~r SSN: (.SeaL) SSN: DOROTHY E. TUBGS ' SSN: pay TO THE ORDER OF: PI-,:~ t.;?/?~ag, a Co~p. ot atmwk~ (scm) Ferm 3nO 12/83 Wm~27622.ti~ {1600x2800x2 ti~; [8] ~oo~.1292 ~ 438 COMPANY NAME: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated ~ 4, 2003 Lo'vey~Bargetr3' . Title_Att. Asst. Secretary_ SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01005 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS TUBBS DOROTHY E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT TUBBS DOROTHY E but was unable to locate Her in his bailiwick. He therefore returns the. COMPLAINT - MORT FORE , the within named DEFENDANT HOUSE IS VACANT. , NOT FOUND , as to , TUBBS DOROTHY E NO FORWARDING ADDRESS AT POST OFFICE. Sheriff'~ Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 R. as Kline Sheriff of Cumberland County PURCELL KRUG HALLER 03/12/2003 Sworn and subscribed to before me this [.~ day of ~i~q~L SHERIFF'S RETURN - NOT FOUND CASE N6: 2003-01005 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS TUBBS DOROTHY E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT TUBBS ARTHUR D SR unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the , NOT FOUND , as to the within named DEFENDANT , TUBBS ARTHUR D SR HOUSE IS VACANT. NO FORWARDING ADDRESS AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6 00 00 5 00 10 00 00 21 00 R.t--Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER 03/12/2003 Sworn and subscribed to before me this [7~ day of ~ 2 oo9 A. .O WASHINGTON MUTUAL BANK, FA Plaintiff VS. DOROTHY E. TUBBS ARTHUR D. TUBBS, SR Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-1005 CIVIL TERM PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: April 15, 2003 PURCELL, KRUG, & HALLER Leon P. Haller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS TUBBS DOROTHY E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TUBBS DOROTHY E the DEFENDANT , at 1036:00 HOURS, on the 30th day of April , 2003 at 221 MEADOW ROAD NEWVILLE, PA 17241 by handing to ARTHUR TUBBS SR, HUSBAND 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 Service Affidavit Surcharge 18 00 11 04 00 10 00 00 39 04 Sworn and Subscribed to before me this ~ ~ day of ~ ~2~k3 A.D. ~ ~brot hOnot-~rlf So Answers: R. Thomas Kline 05/01/2003 PURCELL KRUG HALLER SHERIFF'S RETURN - REGULAR CASE NO: 2003-01005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS TUBBS DOROTHY E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TUBBS ARTHUR D SR the DEFENDANT , at 1036:00 HOURS, on the 30th day of April , 2003 at 221 MEADOW ROAD NEWVILLE, PA 17241 by handing to ARTHUR TUBBS 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 Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~ ~ day of ~ ~0~ A.D. ? P~r~t h-onot ary So Answers: R. Thomas Kline 05/01/2003 PURCELL KRUG HALLER By: WASHINGTON MUTUAL BANK, FA, Plaintiff Vs. DOROTHY E. TUBBS AND ARTHUR D. TUBBS, SR, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA No.03-1005 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE VOLUNTARY SUBSTITUTION OF WASHINGTON MUTUAL BANK~ FA SUCCESSOR IN INTEREST TO PNC MORTGAG CORP. OF AMERICA PURSUANT TO RULE 2352 (a) 1. PNC Mortgage Corp. of America, is the Original Mortgagee. Washington Mutual Bank, FA is the successor in interest to PNC Mortgage Corp. of America and wishes to substitute itself for Plaintiff. 2. Material facts in which the right if succession and substitution is based are as follows: (a) On November 20, 1995, Defendants executed a Mortgage to PNC Mortgage Corp. of America in the amount of $73,000.00. (b) On January 31, 2001, Washington Mutual Bank, FA acquired PNC Mortgage Corp. of America. 3. Washington Mutual Bank, FA successor in interest 'to PNC Mortgage Corp. of America does voluntarily substitute itself as Plaintiff herein. ID//15700 Attorney for Plaimiff Date: May 29, 2003 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF : VS. : DOROTHY E. TUBBS AND : ARTHUR D. TUBBS, SR., : DEFENDANTS : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 1005 CIVIL TERM IN MORTGAGE FORECLOSURE RETURN OF SERVIC~ I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on June 18, 2003 , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Dorothy E. Tubbs 221 Meadow Road Newville, PA 17241 Arthur D. Tubbs, Sr. 221 Meadow Road Newville, PA 17241 TMS Mortgage d/b/a The Money Store 1770 Tribute Road Suite 100 Sacramento, CA 95815 The Money Store 3310 E1 Camino Avenue Suite 100 Sacramento, CA 95821 Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street Southwest Washington, D.C. 27410-8000 U.S. Department of Housing and Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOHN W. PURCELL HOWARI) B KRUG LEON P. HALLER JOIIN W. PURCELL JR BRIAN J TYLER JILL M WINEKA NOTICE TO: LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 Dorothy E. Tubbs 221 Meadow Road Newville, PA 17241 Arthur D. Tubbs, Sr. 221 Meadow Road New-~ille, PA 17241 TMS Mortgage d/b/a The Money Store 1770 Tribute Road Suite 100 Sacramento, CA 95815 The Money Store 3310 E1 Camino Avenue Suite 100 Sacramento, CA 95821 Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 27410-8000 U.S. Department of Housing and Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 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 y~Q~ have an opportunity to protect your interest, if any, by/~g notified of said Sheriff's Sale. Leon P. Haller PA I.D.15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, PLAINTIFF VS. DOROTHY E. TUBBS AND ARTHUR D. TUBBS, SR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003 1005 CIVIL TERM : : 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 held: DATE: TIME: LOCATION: (real estate) WEDNESDAY, SEPTEMBER 3, 2003 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be 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: 1514 NEW-~ILLE ROAD CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $77,257.20 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2003 1005 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DOROTHY E. TI/BBS A_ND ARTHUR D. TI/BBS, SR. 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 ALL that certain tract of land or lot of ground Iocaled in West Pennsboro Towuship,Cumberland Coonty, Pennsylvania, mom fully bounded and described as follows: ALL of Lot No. 9 and the eastern 20 feet of Lot No. 8 as shown on Tract "A", of that certain plan of lots known as "The Cohick Lots" and conlaining 70 feel in frontage along Ihe Newville Public Road and extending in depth a distance of 170 feet to other lauds now or formerly of Frank S. Cohick and Lois J. Cohick. It being all of Lnt No. 9 and easlem 20 feet of Lot No. 8 on Tract "A", of the Cohlck Lots as p~parcd by T. Elliott Middletoo, Registered Surveyor, and prepared April I, 1952. SAID conveyance being made subject to all tile building and other reslrictions altacbed to the aforesaid plan of lots which plan of lots is duly recorded in the Office of Ihe Recorder of Deeds in Plan Book 5, Page 33. HAVING THEREON ERECTED A DWELLING KNOWN AS 1514 NEWVILLE ROAD, CARLISLE, PA 17013. BEING THE SAME PREMISES WHICH Steven L. Jones and Vickie L. Jones by deed dated 11/20/95 and recorded 11/21/95 in Deed Book 131 Page 648 granted and coneyed unto Arthur D. Tubbs, Sr. and Dorothy E. Tubbs. TO BE SOLD AS THE PROPERTY OF ARTHUR D. TUBBS, SR. AND DOROTHY E. TUBBS ON JUDGMENT NO. 2003 1005. ASSESSMENT NO. 46-19-1653-012 EX Re: WAMU v. Tubbs Cumberland 9/3/03 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 Postage: One piece of ordinary mail Dorothy E. Tubbs 221 Meadow Road Newville, PA 17241 addressed to: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Arthur D. Tubbs, Sr. 221 Meadow Road Newville, PA 17241 Postmark:[~, U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail TMS Mortgage d/b/a The Money Store 1770 Tribute Road Suite 100 Sacramento, CA 95815 addressed to: Postmark: $ 00.900 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail The Money Store 3310 E1 Camino Avenue Suite 100 Sacramento, CA 95821 addressed to: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 27410-8000 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: U.S. Department of Housing and Urban Development Albany Office, Region II 82 Corporate Circle Albany, New York 12203-5121 Postmark: ,_ $ 00.90o U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND j~ SS: I, Robert P. Ziegler, Recorder of Deeds in mad for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs of Washington D C is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue ora writ Execution issued on the 10th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1005, at the suit of Washington Mutual Bank against Dorothy E Tubbs & Arthur D Sr is duly recorded in Sher/ff's Deed Book No. 261, Page 2859. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~,~il~z day of Washington Mutual Bank, FA Successor in interest to PNC Mortgage Corp of America VS Dorothy E. Tubbs and Arthur D. Tubbs, Sr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1005 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2003 at 12:26 o'clock PM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within nan~ed defendant, to wit: Dorothy E. Tubbs, by making known unto Arthur D. Tubbs, Sr., husband of defendant, at 221 Meadow Drive, 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 Barr/ck, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2003 at 12:26 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: Arthur D. Tubbs, Sr., by making known unto Arthur D. Tubbs, Sr., personally, at 22 l Meadow Drive, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Shannon Shenzer, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 12:13 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dorothy E. Tubbs and Arthur D. Tubbs, Sr. located at 1514 Newville Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Dorothy E. Tubbs, by regular mail to her last known address of 221 Meadow Road, Newville, PA 17241. This letter was mailed under the date of July 07, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Arthur D. Tubbs, Sr., by regular mail to his last known address of 221 Meadow Road, Newville, PA 17241. This letter was mailed under the date of July 07, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A,M. He sold the same for the sum orS1.00 to Attorney Leon P. Hailer for The Secretary of Veterans Affairs of Washington, D.C., His Successors and/or Assigns. It being the highest bid and best pr/ce received for the same, The Secretary of Veterans Affairs of Washington, D.C., His Cuccessors and/or Assigns of Ocwen Federal Bank FSB, 12650 Ingennity Drive, Orlando, FL 32826, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $823.09, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 16.14 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer ! 0.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Surcharge 30.00 Law Journal 270.05 Patriot News 263.20 Postpone Sale 20.00 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 823.09 Sworn and subscribed to before me This ¢~t~. da? of ..~.~ 2004, A.D. (,.-_~ro~O_thon~otary)'k~,~,,.5 ,~ So Answers: R. Thomas Kline, Sheriff Real Estate Dh*puty THE Ir ATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct Ne. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", PUBLICATION ...... ~ ~ ~ ,~ ] N~ARY PUBLIC My commission exp{res June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To TIdE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Nota~ Fee(s) Total $ 261.45 $ 1.75 $ 263.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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 : SSo 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: JULY 18, 25, 2003 AUGUST l, 2003 Affiant fin~er 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 E~TA'f~ ~tALE NO. 54 Writ No. 2003 1005 CI~I Washington Mutual Bank, FA successor in interest to PNC Mortgage Corp. of America VS. Dorothy E. ~ubbs and Arthur D. Tubbs. Sr. Atty.: Leon P. Hailer ALL that certain tract of land or lot of ground located in West Pennsboro Township, Cumberlalld County. Pennsylvania, more fully bounded and described as follows: ALL of Lot No. 9 and the eastern 20 feet of bet No. 8 as shown on Tract "A~. of that certain plan of lots known as *The Cohick Lots" and containing 70 feet in frontage along the Newville Public Road and extend- hag ha depth a distance of 170 feet to other lands now or formerly of Frank S. Cohick and Lois J. Cohick. It being all of Lot No. 9 and the east- ern 20 feet of Lot No. 8 on Tract *A', of the Cohick Lots as prepared by T. Elliott Mlddleton, Registered Surveyor. and prepared April 1, 1952. SAID conveyance being made subject to all the building and other restrictions attached to the afore said plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 33. HAVING THEREON ERECTED A DWELLING KNOWN AS 1514 NEWVILLE ROAD, CARLISLE, PA 17013. BEING THE SAME PREMISES WHICH Steven L. dories and Vlckie L. Jones by deed dated 11/20/95 and recorded 11/21/95 in Deed Book 131 Page 648 granted and con- veyed unto Arthur D. Tubbs, Sn and Dorothy E. Tubbs. SW~tq TO AND SUBSCRIBED before me this 1 dayof AUGUST, 2003 20 feet of Lot No. $ as shown on Tract ~A~. of that certai~i plm~ of lots known as "The Cohick Lots" and containing 70 feet in frontage along the Newvllle Public Road and extend h~g in depth a distance of 170 feet to other Iaiads ~ow or formerly of Frank S, Cohick and Lois J. Cohick. It being all of Lot No, 9 and the east- ern 20 feet of Lot No. 8 on Tract "A". of the Cohick Lots as prepared by T. Elliott Middleton. Registered Surveyor, and prepared April I, 1952. SAID conveyance bei~g made subject to nj1 the building and other restrictions attached to the afore- said plan of lots which plan of lots is duly recorded ir~ the Office of the Recorder of Deeds in Plm~ Book Page HAVING THEREON ERECTED A DWELLING KNOWN AS 1514 NEWVILLE ROAD, CARLISLE. PA 17013. BEING THE SAME PREMISES WHICH Steven L. Jones and Vickie L. Jones by deed dated 11/20/95 and recorded 11/21/95 in Deed Book 131 Page 648granted and con- veyed unto Arqhur D. Tubbs. Six and Dorothy E. 'lMbbs. TO BE SOLD AS THE PROP~ ERTY OF ARTHUR D. TUBBS, SR. AND DOROTHY E. TI/BBS ON JUDGMENT NO, 2003 1005. ASSESSMENT NO. 46-19 1653- 012 EX.