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HomeMy WebLinkAbout01-06513s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK as Trustee by its attorney in fact OCWEN FEDERAL BANK FSB, 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 VS. NO. Ciu' DONALD M. WILEY and PAULA W. WILEY 1709 Charles Street New Cumberland, PA 17070 CIVIL ACTION- ACTION MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. C: \DIANE\COMPLAIN\BOCK. DOC YOU SHOULD TAKE THIS PAPER TO A 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. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 C: \DIANE\COMPLAIN\BOCK. DOC I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK as Trustee by its attorney in fact OCWEN FEDERAL BANK FSB, 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 VS. /?. NO. DONALD M. WILEY and PAULA W. WILEY 1709 Charles Street New Cumberland, PA 17070 CIVIL ACTION- ACTION IN MORTGAGE FORECLOSURE 1. Plaintiff is First Union National Bank, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB, a federal savings bank with offices located at 1675 Palm Beach Lakes Blvd., West Palm Beach, FL 33401. 2. Defendants are Donald M. Wiley and Paula W. Wiley, adult individuals with a last-known address of 1709 Charles Street, New Cumberland, PA 17070. 3. Under date of October 23, 1999, defendants executed and delivered to Ameriquest Mortgage Co. a mortgage upon premises 1709 Charles Street, New Cumberland, PA 17070 to secure the payment of the sum of $161,250.00. The said mortgage is recorded in the Department of Records in and for the County of Cumberland in Mortgage Book No. 1579, page 281, recorded October 29, 1999 and is incorporated herein by reference. A copy of the legal description of the premises is attached hereto and made a part hereof as Exhibit "A". C: \DIANE\COMPLAIN\BOCK. DOC 5. By Assignment which is being duly recorded, the loan was ultimately assigned to First Union National Bank, as Trustee. 6. Ocwen Federal Bank FSB is the duly authorized servicing agent for First Union National 13ank, as Trustee. 7. The defendants are the real owners of the premises. 8. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act 6 of 1974, and Act 91 aforesaid, was sent to the defendant(s) and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B". 9. The said loan is in default as a result of the failure to pay the monthly installments of $1,475.02 due on May 1, 2001 and on the 1st day of each month thereafter. 10. The following is due on the loan: PRINCIPAL BALANCE $ 160,080.89 INTEREST (accrued thru 11/10/01 of $10,256.44 10,256.44 Interest after 11/10/01 shall accrue at the per diem rate of $46.53.) LATE CHARGES (accrued thru 11/10/01 of $716.58. 716.58 Late charges after 11/10/01 shall accrue at the monthly rate of $88.50.) ESCROW ADVANCES 3,828.61 FEES BILLED 210.74 COSTS 300.00 ATTORNEY'S FEE 8,000.00 TOTAL $183,393.26 11. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain C: \DIANE\COMPLAIN\BOCK. DOC and provide Defendants 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 Defendants the name and address of the original creditor if different from above. WHEREFORE, Plaintiff, First Union National Bank, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $160,080.89, plus interest thereon of $10,256.44 plus $46.53 per day from November 10, 2001 until judgment is paid in full, late charges of $716.58, plus late charges of $88.50 per month from November 10, 2001until judgment is paid in full, escrow advances of $3,828.61, fees billed of $210.74, costs of $300.00, attorney's fees of $8,000.00, plus record costs. STERN AND STERCHO BY: Gd t. 0Isecy RICHARD F. STERN, Attorney for Plaintiff C: \DIANE\COMPLAIN\BOCK. DOC VERIFICATION PAMELA ADAMS is the Default Servicing Liaison of Ocwen Federal Bank, FSB, and is authorized to sign this Verification on behalf of same, and states that she verifies the foregoing Civil Action against Donald M. Wiley and Paula W. Wiley and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. Section 4904 relating to the unworn falsification to authorities, and that same are true upon the signer's personal knowledge of information and belief. PAMELA ADAMS Default Servicing Liaison DATE: 11/9/01 z:1s 'c i j ,. . C y?Y iGtO t• ALL THAT crR$A2N tract or parcel of Sand Situats to the borough of Nevi cusbarland, County ' ei Cuebeslande and Commonwealth of Pennsylvania, more ParCieularly bounded and described as follows, to Witt st s dtatanoe of ens huWelsad 201 0000,108 We the ateayasid W1514 .ss »t7tset to a 310,11t; theno? degyeee tittY- one lire"o56 Charleseotrea (I ermx want s distanas of Four (SO e ty to a point. the point and place at hundred (100) Test eegi;minq. pg G Y,ot Mo. 31 on the Plan of peatovar Gasd pe si the Ctli? of the Reeordar . of ! fro 4ae Plan is eg ymovUrA remnsylvanis, in plan fBOOOr' and Page lea. B83IMm at a point in the easterly right-of-way line of Charles Street at the dividing line between tbm premises herein described and Lot go. 38,0n the hereinafter mentioned plan of lots. thence along said dividing line north fift - eight (681 degraec Five (08) minutes tranty (20) seconds oast a distance of one hundred twenty (1201 foot to a point; thence along tho line of laeda aW 'or fosberly of Conrail South thirty-one (31) degrees FLFty404r (641 minutes forty (40) Seconds east a 41o0ahOa of one hahdred•1100) feet to a point; thence along the dividing Gina between the praises herein described and Zat No. ]E on the hesaimsfter MWtiened' plan of into South fifty-eight (is) deysess give (031 WE HE.+FNY ( C01 BY: -- AMERIOUESTMC? COMPANY . , ) STERN & STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 Date: OCTOBER 5, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached naves. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling AgencL The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association maybe able to help you find a a er. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCLA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL PERECHO A REDI I R SU HIPOTECA. HOMEOWNER'S NAME:, ;DONALD M. WILEY AND PAULA WILEY 'PROPERTY ADDRESS: 1709 CHARLES STREET. NEWCUMBERLAND PA 17070 LOAN ACCOUNT. NO.: 30442065 ORIGINAL LENDER: AMERIOUEST MORTGAGE COMPANY CURRENT LENDER/SERVICER: FIRST UNION NATIONAL BANK. AS TRUSTEE BY ITS ATTORNEY IN FACT OCWEN FEDERAL BANK FSB MAILING ADDRESS: P.O. BOX 702. NEW CUMBERLAND. PA 17070 IMPORTANT CONSUMER NOTICE Pursuant to Section 1692 (g) of Title 15 of the United States Code you are hereby informed that this is an attempt to collect a debt, and any information obtained will be used for that purpose. Further, unless you notify this office within 30 days after you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from current creditor. This is an atttempt to collect a debt; any and all information obtained will be used for that purpose. HOMEOWNER'S L,AERGENCY MORTGAC, ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the counly in which the Droperty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOU APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During the !me, no foreclosure proceedings will pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to dateL NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1709 CHARLES STREET. NEW CUMBERLAND. PA 17070 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amount of $1.475.02 due for May 1.2001 through OCTOBER 1 2001 for a total of $8.850.12 Other charges (explain/itemize): Late Charges in the amount of $628.08., fees billed of $185.74 TOTAL AMOUNT PAST DUE: $9,663.94 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 9 6$ , 63.94 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made gayable and sent to: Richard F. Stern. Esquire Stern and Stercho 410 The Pavilion Jenkintown, PA 19046 1F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you Will still be required to pay reasonable attorney's fees that wer dually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime u to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender/Servicer: OCWEN FEDERAL BANK FSB Address: 1675 Palm Beach Lakes Blvd., West Palm Beach, FL 33401 Phone Number: 1-800-74 OCWEN Fax Number: 1-561-682-8160 Contact Person: Debbie Blanchard EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You - may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Y( MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached) Sincerely, STERN & T?ERCHO RICHARD F. STERN cc: Debbie Blanchard/Ocwen SENT CERTIFIED MAIL # 7000 1530 0003 0472 8404 and 7000 1530 0003 0472 8411 AND REGULAR MAIL CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc, 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority, 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 ? r n j D? N i?rn SHERIFF'S RETURN - REGULAR CASE NO: 2001-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS WILEY DONALD M ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WILEY PAULA W the DEFENDANT , at 1937:00 HOURS, on the 20th day of November , 2001 at 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 JESSICA WILEY, DAUGHTER was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this dAe? day of a&07 A. D. Prothonotary So Answers: R. Thomas Kline 11/21/2001 STERN & STERCHO -` By: ??/X?r - Dep y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-06513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS WILEY DONALD M ET CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILEY DONALD M the DEFENDANT , at 1937:00 HOURS, on the 20th day of November , 2001 at 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 by handing to JESSICA WILEY, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.05 Affidavit .00 Surcharge 10.00 .00 39.05 Sworn and Subscribed to before me this oL9"? day of ?Prothonotar So Answers: R. Thomas Kline 11/21/2001 STERN & STERCHO By: Dep, ty Sh ri t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against defendants DONALD M. WILEY AND PAULA W. WILEY for failure of said defendants to file a responsive pleading to the Complaint within twenty (20) days after service thereof. Please assess damages as follows: BALANCE DUE $ 160,080.89 INTEREST (accrued thru 12/21/01 of $12,164.17. 12,164.17 Interest after 12/21/01 shall accrue at the per diem rate of $46.53.) LATE CHARGES (accrued thru 12/01 of $893.58. 893.58 Late charges after 12/01 shall accrue at the monthly rate of $88.50.) \\Semer\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd -???m?, qua w?te? +?.3? r • ? : ?? ? ?;?? s? C-) e: rn rn =w CT? E3 Q Y S •J z -G N ESCROW ADVANCES FEES BILLED COSTS ATTORNEY'S FEE TOTAL 3,828.61 210.74 300.00 8,000.00 $ 185,477.99 STERN AND STERCHO BY HARD F. STERN, Attorney for Plaintiff \\Server\office dcc=\Dime\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #{ 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY CERTIFICATION UNDER RULE 237.1 I, the undersigned, attorney on the writ and attorney for plaintiff, hereby certify that a ten day notice of intention to enter judgment by default was sent to defendants in accordance with Pa. R.C.P. 237.1. A true and correct copy of said notice is attached hereto. STERN AND STERCHO BY- RICHARD F. S ERN, Attorney for Plaintiff \\Smer\off= docum\Diane\SALES\0CWEN-WILEY CUMBERLAND 12-01.wpd F 4 IN THE COURTOFCOMMON PLEAS OF CUMBERLAN COUNTY CIVIL ACTION - LAW RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK as Trustee by its attorney in fact, OCWEN FEDERAL BANK FSB VS. DONALD M. WILEY and PAULA W. WILEY :NO. 01-6513 CIVIL TERM NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: DONALD M. WILEY, 1709 Charles Street, New Cumberland, PA 17070 PAULA W. WILEY, 1709 Charles Street, New Cumberland, PA 17070 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 YOURPROPERTY 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: LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 1-800-990-9108 DATE: 12/11/01 STERN AND STERCHO A'L? BY: RIC RD F. STERN, Attorney for Plaintiff Merver\office chum\Am Marie\Teu Day\OCWEN.WMEY.CUMBERLAND 10 DAY.12.01.wpd x COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Ocwen Federal Bank FSB 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 STERN AND STERCHO BY: //? RICHARD F. STERN, Attorney for Plaintiff \\Smer\office doc=\Diane\SALES\0CWEN-WILEY CUMBERLAND 12-01.wpd 6 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY RICHARD F. STERN, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, defendants': 1. Last-known address is: 1709 Charles Street, New Cumberland, PA 17070 2. Are over the age of twenty-one. 3. Are not now nor have been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. Sworn to and subscribed before me this„ 1/ day of D j./4.,v 001. STERN AND STERCHO BY: CHARD F. STERN, Attorney for Plaintiff TAFHAI ML MELENM , Oct \\SeNer\office docmn\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd 7 r l C V zT rTi }. a =' ro c - Fr, PLY9fi4WAkMllr2 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 First Union National Bank, as Trustee, b its ......................... _.......... ................. . attorney in fact, Ocwen Federal Bank FSB In the Court of Common Pleas of V8 Cumberland County , Pennsylvania. No. _01-6513 Civil Donald.M...k]ay...an?l ?aulr?.F1 ........... To the Prothonotary: PRAECIPE FOR WRIT OF EXECUTION ('MORTGAGE FORECLOSURE) Issue writ of execution in the above matter: Amount Due $.185AAZZe. Interest from the date y and Costs. judgment is entered at the per diem rate of $46.53,_ . Note: Please attach description of Property. __ Attorne y for ki5e-rl ¢4:ntijf(s) RICHARD F. STERN, ESQ. #03315 .r. C O O ? N ? C E ? O ? V p O V O i a v J..S N H m ro m U Cl H w w o H road D?j ro o 4- v row N ri S itl rl m a a 3 O ra W ? O O W o W Q+ 0 0 0 04 a N' z z N rt .C U m V 4J 4-) r- -H k r-i C W a om O i S 3 ® Q t . r W , 204 O o p C] D'+ ti -I ? z PQ 2 w U H a 4 . rte c? _ s a r LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t,,,,,drM 11 nn) feet to a noint_ the ooint and Dlace of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/98 recorded 5/12/98 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 e r Cr, C? rn [ I r= -G co COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriff's Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to defendants and no timely response was made. STERN AND STERCHO BY: RICHARD F. STERN, Attorney for Plaintiff \\Smer\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd -v C45 C C C?l S Qri COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A \\Server\office docum\D1me\SALES\0CWEN-WILEY CUMBERLAND 12-01.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: 12/21/01 STERN AND STERCHO BY: CHARD R , Attorney for Plaintiff \\SmeAoffice docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd m.L s,"3'kP4?"s'S.v°a£1SA#bd. s'N fi3tfi:iEY3L?R.b' SiR??t5 "S4u"rt?ezu{ss.Fm ..e?=_ -,?""=t-dniAL'?. ??? I q n C M r i co COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen. Federal Bank FSB v5. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 5, 2002 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stem and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale.. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 2240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 \\SemAoffice docum\Diane\SALES\0CWEN-W1LEY CUMBERLAND 12-01.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 - (717) 240-6200 \\5mer\office docum\Di=XSALES\OCWEN-WILEY CUMBERLAND 12-01.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 5, 2002 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your, interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. STERN AND STERCHO 12/21/01 BY: '2f- C:4 CHARD F. STERN, Attorney for Plaintiff \\Server\office docum\Dia=\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB vs. NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET NEW CUMBERLAND PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 5, 2002 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. STERN AND STERCHO 12/21/01 BY: ZzL "= RICHARD F. TERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\0CWEN-W1.EY CUMBERLAND 12-01.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth,of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one n,,,,, irpd ftornn feet to a noint. the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/ 10/88 recorded 5/12/98 in the County of Cumberland in Deed Book 133 page 365. Parcel No. 26-23-0541-311 c> ?, ?- z.: <= ?;?; . '' -? ??.- «? r?,- U? ma - y =a L K ? !? r ;' _? <= ? .._ ?'?i fT. ?? -C RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee, by its attorney in fact, OCWEN FEDERAL BANK FSB :IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DONALD M. WILEY and PAULA W. WILEY NO. 01-6513 CIVIL CERTIFICATE OF SERVICE I, RICHARD F. STERN, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendant by regular and certified mail, return receipt requested on April 5, 2002. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on April 5, 2002 as evidenced by copy of certificates of mailing attached. STERN AND STERCHO BY: fd - CHARD F. STERN Attorney for Plaintiff 4105/2002 i 0 DFFna ? f?. Qye l .n .n PaeMBa $ o C] Cerflfled Fa S [] p:uMm RecalPlne9ulletll F6a ?atluaNnml? I G mml Pactepe BFam $ s .r sent'bonald M. Wiley land, PA 1 4 Clek A L PwMw $ P rn h O canhmd Fee S , PeNmRewlpFee M G (EhammamlRwaketl) 0 M Ra4ktetl0earerV Fae / ?FJpdBMaml Pequred) $ d , C 'MMPaab &Few Q' t rfl OPaula W. Wiley sinmt PLNa: o -ma 1Ni,Oq Charles Street G ann'St?N±°n-6arland. PA 1 ,f c S E \ pflWIDE fOP INSURANCE-P0.4T1MST9 LJ yb ur one Pixa or aralwry m.B.aare.aa ea: O 'R- h a Jyt Carlisle, PA 17013 z n`i' tix r 1p 'M Iti ? i,ll ?? yS ?MIIY `? n?t?4 1h "? r S k 4 Il',a ° ?°w?.u6I?"*x ym tg my a s$ k. U .s. Posr? mvlc CERTIFICATE F MAILING Carlisle, PA 17013 Pecelvtl Frem: STERN $ STERCHO A?Qmays at Law ¢'IB.... Psulil9n Jenkintown, PA 1 Hde ? c Domestic Relations u' ?* Cumberland Count Court h? 1 Courthouse Square PS Form 3817, Mar. 1988 MAY BE USED FOR OOME$TC AND INTePNATO1'UL rMIL, pOR NOT PROVIDE FOR INSUMNCE-POSTMASnEi Pawlved From; ®iC( ..?RN ? ?R ',A % •"c, . ?a ? dSn G1t®wn, PA `? „? 4 °7 5Q OM paw of orpnery meal atltlrewW r°: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square PS Farm 3817, Mar. 1989 ArN%rNMnin atempe °r r'y,AfE(ZaE V? mark. 19 Iralppl P,betmeaM,r lar?mdyn re:. - i C? or ,-Pnnaa• and AHtzfee hen in Mamfe mark?)nlNire^al }P Mmeater fdr7y \ Teti 1 I? . v c5 ca ? m Cl) T k yy ? tfS C 5S g?l S1RLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee BIG BEAR MEMBERS FIRST CREDIT UNION, INC. FKA BIG BEAR EMPLOYEES CREDIT UNION COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. ERIC JOBES and FIRST UNION NATIONAL BANK, GARNISHEE NO. 01-6613 ATTORNEY ID# TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, First Union National Bank, discontinued, upon payment of your costs only. r (1, X )v JON C. S IN Attorney for Garnishee 4 9/// 2 - - JA/? WILLIAM . MOL ZAN Attorney for Plai ff k G C+- d Gl' 57- G c? GJ ?f71 :lJ,/ First Union National Bank VS Donald M. Wiley and Paula W. Wiley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6513 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Richard F. Stern. Sheriffs Costs Docketing Surcharge Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Certified Mail Postpone Sale 30.00 30.00 .50 1.00 23.46 15.00 15.00 15.00 25.20 18.19 423.50 308.95 1.80 20.00 $927.60 paid by attorney 09/03/02 Sworn and subscribed to before me So Ans rs: This Y5' day of T? n a? R. Thomas Kline, Shererif_f 2002, A.D. BY JO&4 Rt, Prothonotary Real Estate Deputy '.jo CIe.- 3QOal jL-, ld 9317 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB Vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A \\Seuer\office docum\Diane\SALES\0CWEN-WILEY CUMBERLAND 12-01.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unworn falsification to authorities. Date: 12/21/01 STERN AND STERCHO BY: _ CHARD F. ?TIPRN-, Attorney for Plaintiff \\SemAoffice docum\Diane\SALES\OCWEN-Wn.EY CUMBERLAND 12-01.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #{ 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 5, 2002 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stem and Stercho, telephone (215) 572-8111. \\Semr\office docum\Diaue\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 \\Server\office docum\Diane\SALES\0CWEN-WILEY CUMBERLAND 12-01.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 - (717) 240-6200 \\Smer\offiw docum\Dime\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 5, 2002 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. STERN AND STERCHO 12/21/01 BY: - CHARD F. TERN, Attorney for Plaintiff \\Smer\offi docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 5, 2002 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. STERN AND STERCHO 12/21/01 BY: 4 RICHARD F. 'TERN, Attorney for Plaintiff \\Server\office docwn\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31)' degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t»,,,.irPei rtnnl feet to a noint_ the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133 page 365. Parcel No. 26-23-0541-311 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 5, 2002 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAX BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. \\Server\office doemn\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd ._. _... .._ __. 1....1... 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 \\Serve6offim doc=\Dime\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Server\offlce docnm\Dia e\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd t` LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t,,,,,tirm n nm f--et to a point. the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01 -6911 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OFCUMBRRLAND___,__._----COUNTY To satisfy the debt, interest and costs due _ First Union National Bank, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB PLAINTIFF(S) from Donald M. and Paula W. Wiley, 1709 Charles St., New Cumberland PA 17070. (t) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 1709 Charles St., New Cumberland PA 17070. (See attached 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/are 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 propertyof the defendant(s) not levied upon an subjectto attachment is found in the possessionot anyoneother than a named garnishee, you are directed to notify himthe r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $185,477.99 Interest 1-2-02 @ $46.53 per di6m Atty's Comm % L.L. $.50 Due Prothy $1.00 Other Costs Any Paid $127.05 Plaintiff Paid p21 t "Jdfiuary 2, 2002 REQUESTING PARTY CURTIS R. LONG Prothonotary, Civil Division by _-\ 0?- / Deputy Name Richard F. Stern, Esq. Address 410 The Pavilion Jenkintown PA 19046 Anorneyfor: --- Plaintiff Telephone: (215) 572-8111 Supreme Court ID No. 03315 REAL ESTATE SALE No. i3 On February 7, 2002, the sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA, known and numbered as 1709 Charles Street, New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. C;M r_- 11 3 Date: February 7, 2002 By: Jr l ? Real Estate Deputy t„ t!= ez ?i t xnr jj virl3 ?dtN3H..- i THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ??Gf.? G ................................................................. COPY A, he AF 17th day y A.D. S A L E #13 Notarial Sea] Terry L. Russ@6, Notary Public Harrisburg, Dauphin County NOT RY PUBLIC My Commission Expires June 6, 2002 y commission expires June 6, 2002 Member, Pennsylvania Association of Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 307.20 Probating same Notary Fee(s) $ 1.75 Total $ 308.95 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. By .................................................................... Urn, Ileum. .? First Union National Bank Do)wild M:Wlley and certain tract or parcel of land simme in sgb 9 %.w Cumberland. County of .and,, and Commonwealth of ma, more particularly bounded and as follows, to wit: NG at a point in the easterly right-of- of Charles Street at the dividing line he premises herein described and Cot the hereioafter mentioned plan of lots; mg said dividing line north fifty-eight tees five (05) minutes twenty (20) an a distance of one hundred twenty t to a point; thence along'the due of m formerly of Conrail somb thirty-one ees fifty-four (54) minutes forty (40) ast a distance of one hundred (100) feet' on "eight (58) degrees five (05) minutes ssecands West a Jismnce of one hun stance of one hundred (100) feet to a point andplace of13EGDMG. &L -No. 37 on the Plan of Wesmver which plan is recorded in the Office of der of Deeds in and for Cumberland mansylvania, in Plan Book 46 Page 126. UNG 12,000 Square Feet AND SUBJECT to all applicable s, reservations, easements and tights-of- :cord, including, but not limited to, a a -dated December 10, 1984 and;, Decgln,?g.f4..1PH?lr (ne.ftce ed r of Deeds in and for Cumberland ?en gIvFA1& m Miscellaneous Book X01, Page 372 and the Amendment iced A„ gust 19, 1985 and recorded on' 1;. 1985'in the O&ce of the Recorder of o and for Cumberland County, nia in 4iseellaneous Book Volume 308, MER and subjcm to a sanitary sewer >€T1TT.E is vested go Donald M. WOey and Paula M..'Wdey, his wife, by deed from James M. Garland dated 5110188 recorded 5112188 in the =County of Cumberland in Dad Boole 133 page 765. '''! Parcel No. 26-23-0541-311. 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. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 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. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 NOTARIAL SEAL SNYDER, seise Expires Aferr h 5, REAL ESTATE SALE M. 13 Writ No. 2001-6513 Civil First Union National Bank VS. Donald M. Wiley and Pau1a'W. Wiley Atty.: Rkbard F. Stern LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter men- tioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hun- dred twenty (120) feet to a point; thence along the line of lands now or formerly of Conrail south thirty- one (31) degrees fifty-four (54) min- utes forty (40) seconds east a dis- tance of one hundred (100) feet to a point; thence along the dividing line between the premises herein de- scribed and Lot No. 36 on the here- inafter mentioned plan of lots south fifty-eight (58) degrees five (05) min- utes twenty (20) seconds West a dis- tance of Ane hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thi ty-one (31) degrees fifty- four (54) minutes forty (40) seconds West a distance of one hundred (100) feet to a point, the point and place of bgghming. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is re- corded in the Office of the Record- er of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all ap- plicable restrictions, reservations, easements and rights-of-way of rec- ord, including, but not limited to, a Declaration dated December 10, 1984 and recorded on December 10, 1984 in the Office of the Record- er-q( D.ee „„ds_in_,,,anq, for Cumberland. ,,,,?, ?, _,_ PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 First Union.National Bank, as Trustee, its attorney in fact, Ocwen Federal Bank FSB vs ...... r In the Court of Common. Pleas of Cumberland County , Pennsylvania. No. 01-6513 Civil PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $ ]'85'477.99 ' ___ x j ¢ Interest from the date I d C s ' judgment is entered at the per dzem rate of $46.53 '° 1, o ts • an e C . ma ? y 2 i. . ....... Att n tt or e for a latntz (s) RICHARD N e F. STERN,' ESQ 403315 ot : Please attach description a_f Property. i 4 4 S 1 r J : [ }i +a.I M.? .T- v9sy, Y KV..?. S , 5t aa?? .r to v..tx . .. a{ J:aIY-.44 Y{4A•W VF'Y 4. SFIu{V ?K.:hSCA'MIY'.YI+?iM:P r ) l P.' w ?_ ?. ? o p ?o p 'Dl ' Vl sa t : ,a55.x5.' w.w:.c::we.,.C... ?... _._? ._..._......... <?:. ..._... ._. .., ..._?.. v. .__ _.. ?. _r. .. s,. .__,..n_a.._ .... .... .? .. ..e. ., ... ... H n? C 'T+ yy 3 ? z Ern S m .. ee n n a ` m sIT S en w p LO QQ (D (D , w Ln 0) A E - . n w e es . ~ - r in O '-gs?l?d'nY $4 p Yu'v.Ri??Rw k l 5:lu;;xa,A 4+}"ASL4 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t,,,, eirpri it nn) feet to a point. the Doint and Dlace of beQinninQ. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. DONALD M. WILEY and PAULA W. WILEY NO. 01-6513 CIVIL AFFIDAVIT PURSUANT TO RULE3129.1 RICHARD F. STERN; attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A \\Smer\office doc=\Dime\SALES\OCWEN-WILEY CUMBERLAND 12.01.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013. Domestic Relations Cumberland. County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: 1/27/03 STERN AND STERCHO BY: CHARD F. STERN, Attorney for Plaintiff \\5mer\office docum\Di=e\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. \\Server\office docum\Dime\SALES\0CWEN-WILEY CUMBERLAND 12-01.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 \\Servec\office docum\D%ne\SALES\0CWEN-W1LEY CUMBERLAND 12-01.%pd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Server\office doc=\Diane\SALES\OCWEN-WE.EY CUMBERLAND 12-01.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the _ premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t,,,,,,i-A n nn) fPer to a point. the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5110188 recorded 5/12198 in the County of Cumberland in Deed Book 133 page 365. Parcel No. 26-23-0541-311 C LJ -s'k rT- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO. 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. \\ServeyWrIce dm=\Diane\SALES\OCWRN-WB..EY CUMBERLAND 12A1.wpd f w 2. You may be able to stop the We by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 \\Smer\office doc=\Dia=\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Smer\office dmumMlme\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t„„+firPA (IM) feet to a nnint. the Doint and Dlace, of beainnina'. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0; 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Willey, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133 page 365. Parcel No. 26-23-0541-311 r C"} C3 Cl eza rr' y ?, ue = °' ?" T . "Tj =v l?J ?V S M ?_ RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 14046 (215) 572-8111 I.D.#03315 FIRST UNION NATIONAL BANK, as Trustee, by its attorney in fact, OCWEN FEDERAL BANK FSB v5. DONALD M. WILEY and PAULA W. WILEY :IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6513 CIVIL CERTIFICATE OF SERVICE I, RICHARD F. STERN, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by regular and certified mail, return receipt requested on March 5, 2003. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on March 5, 2003 as evidenced by copy of certificates of mailing attached. STERN AND STERCHO BY: RICHARD F. STERN Attorney for Plaintiff 3/05/2003 \\Se er\office docum\Anne Marie\Certificates\OCWEN.WQ.EY.CERT.CIJMBERLAND.3.03.wpd ,.,. euP ew: n?,u4;-x tc,,: Pi ilaM:.oM.^uJ flecei.atlFrom: STERN & STERCHO rn e aw ion Jenkintown, PA 19046 a.. ol.ca.I oMm.ry '1, seanuea m: Tax Claim Bureau s Cumberland County Courthouse Carlisle, PA 17013 V S, POSTAL sPRVICE aRTIMCATE OF MAILIN G MAT BE USED FOR DOMESTIC AND INiEPNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R..N.aa Fmm: STERN & STERCHO N ma T e ev Iion a O Jenkintown , PA 18 f9 0. Pleca d.NInrv m...aare.. te: 3 Domestic RUations G , S p 6 6 um er an County ur ouse 1 Courthouse Square Carlisle, PA 17013 e tit 0 tit afllm tea eamap ? 00 Pos mark.dequ???$o P. aa[eee eu(u y 2 R. o ?µrr A 9 a? .:fit S r N tit O O O i ill 0 In C? Y C?. .. 1 _,+ ca gl G First Union National Bank, as Trustee In The Court of Common Pleas of By its Attorney In Fact, Ocwen Federal Cumberland County, Pennsylvania Bank FSB Writ No. 2001-6513 Civil Term VS Donald M. Wiley and Paula W. Wiley R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Richard F. Stem. Sheriff's Costs: Docketing 30.00 Poundage 17.86 Posting Bills 15.00 Advertising 15.00 Mileage 23.46 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Library Prothonotary 1.00 Certified Mail Law Journal 400.25 Patriot News 337.90 Share of Bills 25.24 $ 930.71 paid by attorney 9/2/03 Sworn and subscribed to before me swe%: This 9 tv- day of l p R. Thomas Kline, Sheriff 2003, A.D. Ci`¢Qw Io?j BY?? Prothonotary Real Estate Deputy C ' iN C12..`I?9? i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A \\Semer\office docum\Di=e\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unworn falsification to authorities. Date: 1/27/03 STERN AND STERCHO BY: CHARD F. STERN, Attorney for Plaintiff \\Server\ofrice doc=\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. \\Smef\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd N 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 \\Smer\office docum\Diane\SALES\0CWEN-W1LEY CUMBERLAND 12-01.wpd m BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Server\office doc=\Dlme\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t,,,"eirp,i n nn) feef to a point. the point and place. of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, . Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/ 12/88 in the County of Cumberland in Deed Book 133 page 365. Parcel No. 26-23-0541-311 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stem and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. \\Se er\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 \\Sme6office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Servez\office dmc \Diane\SALES\OCWEN-WILEY CUMBERLAND 12-01.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEG TINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t ,,, eirP n nrn fPer to a point. the Dolph and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens; which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated December10, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, . Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5110188 recorded 5!12/88 in the County of Cumberland in Deed Book 133 page 365. Parcel No. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE, BY ITS ATTORNEY IN FACT, OCW4EN FEDERAL BANK FSB, Plaintiff (s) From DONALD M. WILEY AND PAULA M. WILEY,1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 (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 gamishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $185,477.99 L.L. Interest FROM THE DATE JUDGMENT IS ENTERED AT THE PER DIEM RATE OF $46.53 Arty's Comm % Due Prothy $1.00 Arty Paid $1067.15 Other Costs Plaintiff Paid Date: JANUARY 29, 2003 CURTIS R. LONG Prothonotary ^ L/ _ (Seal) .BY' 42 in.4 Deputy REQUESTING PARTY: Name RICHARD F. STERN, ESQUIRE Address: STERN AND STERCHO 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 Real Estate Sale # 02 On January 31, 2003 the sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA known and numbered as 1709 Charles Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 31, 2003 By j6 0VKU \ Real Estate Deputy 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, APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 2 _day of MAY, 2003 LOTS E. SWDER, PWIC CONA EOM, CUM - t Ex?res 6leth 5. REAL ESTATE SALE NO. 2 .. -- Writ No. 2001-6513 Civil First Union National Bank. as Trustee by its attorney in fact. Ocwen Federal Bank FSB vs. Donald X Wley and Paula W. Wiley Atty.: Richard F. Stern LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in the Borough of - New Cumberland. County of Cumber- land, and Commonwealth of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter men- tioned plan of lots; thence along said dividing line north fifty-eight (58) - degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point'. thence along the line of lands now or formerly of Conrail south thirty- one (31) degrees fifty-four (54) min- utes forty (40) seconds east a dis- tance of one hundred (100) feet to a point; thence along the dividing line between the premises herein de- scribed and Lot No. 36 on the here- inafter mentioned plan of lots south fifty-eight (58) degrees five (05) min- utes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street _ north thirty-one_ (31) degrees Hfty- four (54) minutes forty (40) seconds West a distance of one hundred (100) feet to a point, the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is re- corded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all ap- plicable restrictions, reservations. easements and rights-of-way of rec- ord, including, but not limited to. a Declaration dated December 10, 1984 and recorded on December 10. 1984 in the Office of the Record- er of Deeds in and for CumbcrIand ' (`rn mh• PPn...wlvania in Mi?rellan 1TE SALE No. 2 .2001-6513 ILTerm National Bank, _ ustee •ney In feet, leral Bank FSB vs- ln:wuey and i W. VPila hard F. Stein RIPTION IN tmct or parcel of land _ igh o New Cumberland, 1d, mxl Commonwealth of particularly bounded and )Wit: aintin Ilse easterly right-of- intent aLthe dividing line, herein described and Lot let mentioned plan of lots; g line north filly-eight )5) minutes twenty (20) _ cad one hundred twenty _ thence along the line of - of Conrail south thirty-one . revs five (D5) minutes twenty (20) a distance of one hundred.twenty - i point; thence along 0se aforesaid - (es Street, north thirty-one, (31) _ ice (54) minutes forty (40) seconds :e of one kuundred (100) feet to a .and place of beginning. No. 37 on the_Plm of Westover b plan is recorded in the Office of _ of Deeds in and for Cumberand _ rrariia, m Plan Book 466 Page 125. G 12,000 Square Peet. _ D SUB1Ilto all alplicable ?madons,ememens and rights-of- , inclutligg, but not limited to, a aced Dcceaber 1,0, 1984 an ecembu 1D. tq8 in the Office o? 3 August 19, 1985 and retarded on .. 185 in the Office of the Recorder of _ C to a sanitary Tan. Pdey and Paula _ Dm James M. 5088 in the da. 2(g2W41-3U.. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the 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 April and the 6th day(s) of May 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 verity this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. _ ..............? ... .............?... PUBLICATION ............ COPY Sworn to and sub ri d b e this 14th day of May 3 A. D. S A L E #2 Notarial Seal Terry L. Russell, Notary Public City Of Hamsburg, Dauph n Cou g M1?yCOrrttnisslonExplresJune 6,2006 N ARY PUBLIC T Memmbsr,PennsytuanlaAssociation OfNmfles My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs k To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached s hereto on the above stated dates $ 336.15 Probating same Notary Fee(s) $ 1.75 Total $ 337.90 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. By .................................................................... -, , PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.CY. 3180-3183 First Union.Naticnal Bank, as Trustee, b __ .....................-------•--------- _....-..... attorney in fact, Cowen Federal Bank FSB its In the Court of Common . Pleas of Cumberland County , Pennsylvanic. vs No 01-6513 Civil Donald..M....4Vi]:eX'-antl?Paula_Nl PRAECIPE FOR'WRIT.OF EXECUTION r ....._....._ .............- ---...... --.............. _........ _.. (MORTGAGE FORECLOSURE). To the Prothonotary: Issue writ of execution in the above matter; Amount Due „ $ 85 477.99 r 9' 1j, c a+ ' Interest from th ??te c and Cosh y judgment is entered at the perdiem. rate of $46.53., r ,rye i r YyR IY'? 4 $ V _° F - ?':. Attorney for the (s) ' ti RICHARD F. STERN,` ESQ X03315 Note: Please attach description of Property. r mr Y ? F Y { , r• f '? 1 r . .M A 1 i 1i ?. qx ..r'4 mgrs. ??`?/?? '. '.? +. ti 'Irc+Ai aWf -t'?•.xrK ?i_Y'p .?f. tip• L., r 'r ?.L:?11? 1.•1 _i'%' ,i l.. r ?i y. .1R V ? ? ' YJY'4 y 1`^. '1Y r. "YJ?.A'1? Kly,h i'r'.IN?..J i re Y '""ii?sanrs LAi..::?ir3z-?,i?M?#ilis*i?g(tltia?ekmlTdrG +k:F,?: xr..v ... 1.h3?r;2•:'?s%i?' ??6 ., FbhitvlWnc?s?t?' 1zb4S' l4 h d3*?-e, ?'? 4 . 5,.' ^t3tM atr; 0:,y tw',. Txi Q N 7 N ? g ? ? ro .n g. ? C d ;t 7 E w w 1-1 E'' N 'O N ..L4 u n.x -- - L L9 O . v . - Y ?.- ?f" . ?. . ' N N - ? O O2:C L v O N .-:+ : r.. . H L p yh c % ` q i S. Jl'`?iJt'G `LL1 Ny !? aY. z = ? O O W ? -w ._ rw . V W .d h? o'i '.'+Rx' rT4 :?..:? a ?c a?a_.' ' i. }>•.;'t ;j_r to ? I a ?I s, N i a v? ??a? Ul_ N G] N S 5F ro CL O „ LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40). seconds West a distance of one t,,,,,rirPri n no) feet to a noint. the point and place. of be-inning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 I. v N _ p r 1 C7 _S, Y, C 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE, BY ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB Plaintiff(s) From DONALD M. AND PAULA W. WILEY, 1709 CHARLES ST., NEW CUMBERLAND PA 17070. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1709 CHARLES ST., NEW CUMBERLAND PA 17070 (SEE LEGAL DESCRPTION). (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 $185,477.99 L.L. Interest FROM 1/2/02 @ $46.53 per diem Atty's Comm % Due Prothy $1.00 AttyPaid $2,013.76 Other Costs Plaintiff Paid Date: JUNE 3, 2004 CURTIS R. LONG Prothon tary (Seal) By: 1 "k Dep ty REQUESTING PARTY: Name RICHARD F. STERN, ESQ. Address: 410 THE PAVILION JENKINTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (215) 572-8111 Supreme Court ID No. 03315 I 2'dtl?NµA54]'ASaF. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA ((v)) (((JJJ IN RE: DONALD M. WILEY CASE NO.: 1-0343400 CHAPTER 13 Debtor(s) OR= DISMISSING CASE NOW, this l2lt, day of May, 2004, Upon consideration ofCertificate ofDefaultonStipulationonTrustee's Motionto Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee herebyisdischarged from furtherresponsibility inthis case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT: .- Y CE $2")\ HARRISBURG, PENNSYLVANIA BANKi PTCY JUDGE FILED i+nR PABURa . MAY 1z= Clerk, U.S. Bankruptcy Court 088308 fLueR,n35'?Skc?iimt?M1 ,:.vaa a§.t?LFmk,?=.?,x.? uw ?., ?-..-?, ? ? .?.,??-+?..r#f?Lfd??Ttl3tNa?eli4? a4c?e?'sx;?a may. ?'•,... N p 088308 213519088485076 r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be,sold at Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Helen\sales\CUMBERLAND\OCWEN-WE.EY CUMBERLAND 12-0l.wpd You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 1;VHelen\sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-01.wpd I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND PA 17070 Domestic Relations Cumberland County Courthouse 1 Courtlfbuse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. STERN AND STERCHO 6/1/04 BY: RICHARD F. STERN, Attorney for Plaintiff J:\Helen\sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-0l.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL, DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND. PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthrduse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/1/04 STERN AND TERCHO BY: RI HARD F. STERN, Attorney for Plaintiff J:\Helen\sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-01.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEG INNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t ,,, ?rP n no) feet to a point- the ooint and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder. of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. c= UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0., 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and. for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from lames M. Garland dated 5/10/88 recorded 5/12188 in the County of Cumberland in Deed Book 133 page 365. Parcel No. 26-23-0541-311 _ __ rv.J ,. , : ? z;n - i ?? ?; = ? ?t> -:.. ? =r„ - r' ' - m `?? = ? ?. .? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A J:\Helen\sales\CUMBERLAND\OCWEN-W1LEY CUMBERLAND 12-01.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unworn falsification to authorities. Date: 6/1/04 STERN AND STERCHO BY CHARD F. STERN, Attorney for Plaintiff J:\Helen\sales\CUMBERLAND\OCWEN-WiLEY CUMBERLAND 12-01.wpd ? ? n Q ?_ -? i..? ? ? ` -O ? ?J - `... -.ty ?-Tl ? ' ? ? ?'? i.. ? ?? L? First Union National Bank, as Trustee By its attorney in fact, Ocwen Federal Bank FSB VS Donald M. Wiley and Paula W. Wiley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6513 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Richard Stern. Sheriff's Costs: Docketing 30.00 Poundage 2.13 Law Library Prothonotary 1.00 Levy 15.00 Surcharge 30.00 Share of Bills 30.49 $108.62 paid by attorney 07/14/04 Sworn and subscribed to before me ,? w This /Seday of ?p, R. Thomas Kline, Sheriff 2004, A.D. 12 , '?"' I BY Prothonotary Real Es to Deputy ? ?,4Z 4 4y ? 9 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY C., AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A J:\Helen\sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-01.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unworn falsification to authorities. Date: 6/1/04 STERN AND STERCHO BY CHARD F. STERN, Attorney for Plaintiff 7:\Helm\sales\CUMBERLAND\OCWEN-wII.EY CUMBERLAND 12-01.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY __ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the courtjudgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Helen\.sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-01.wpd 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 YOUHAVE 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 Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 distributfdn of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 7:\Helen\sates\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-01.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND. PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. STERN AND STERCHO 6/1/04 BY: RICHARD F. STERN, Attorney for Plaintiff J:\Helen\sales\CUMBERLAND\OCWEN-WQ.EY CUMBERLAND 12-0l.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB v5. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND. PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courth`duse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the.Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/1/04 STERN AND TERCHO BY: HARD F. STERN, Attorney for Plaintiff J:\Helen\sales\CUMBERLAND\OCWEN-WR.EY CUMBERLAND 12-01.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one h,, ??P a r inn) feat.tn a noint. the ooint and place. of bezitmina. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way of record, including, but not limited to, a Declaration dated DecemberlO, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and, for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, . Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5110188 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE, BY ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB Plaintiff(s) From DONALD M. AND PAULA W. WILEY,1709 CHARLES ST., NEW CUMBERLAND PA 17070. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1709 CHARLES ST., NEW CUMBERLAND PA 17070 (SEE LEGAL DESCRPTION). (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 $185,477.99 L.L. Interest FROM 1/2/02 @ $46.53 per diem Atty's Comm % Atty Paid $2,013.76 Plaintiff Paid Date: JUNE 3, 2004 (Seal) REQUESTING PARTY: Name RICIIARD F. STERN, ESQ. Due Prothy $1.00 Other Costs CURTIS R. LONG Proth n tary By: Dep ty Address: 410 THE PAVILION JENKINTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (215) 572-8111 Supreme Court ID No. 03315 m. ?. ??wz?wau?aai vi,,,.:x.. o .. ? ».??,?m?*ws?+x??a??14?e?H€r3a1a+z unr?vvsara? Real Estate Sale #45 On June 15, 2004 the sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1709 Charles Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2004 By: Real Es to Deputy r.r '3d HOC AjNr,G '6? 330 jjIb3Fl= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA * CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment First Union National Bank, as Trustee by.its attorney in fact, ( ) Other Ocwen Federal Bank FSB File No. 01-6513 CIVIL vs. Amount Due $185,477.99 Donald M. Wiley and Paula W. Wiley Interest the date judgment i.s..entered.:.at the per diem rate of $46.53 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 1709 Charles Street New Cumberland PA 17070 See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [7) (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date MArch 25. 2005 Signature: Print Name: Ri rhnrd F. Stern Esq. Address: 410 The Pavilion Attorney for: Telephone: Supreme Court ID No.: Jenkintown, PA 19046 215) 572-8111 03315 (over) ,1?? arnT admkzcs;rcrtasiata ,k?r.Lsa?s.;u?1?e tr y?vv_;. ;. ,?. .is;?,•? ,. .i_i???s-. •,,•. .•a?'?.. "- Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133 page 365. 26-23-0541-311 f i' 'f li L{ R? C'I ccc o o CN P C3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE BY ITS ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB, Plaintiff (s) From DONALD M. WILEY AND PAULA W. WILEY (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 $185,477.99 L.L. Interest THE DATE OF THE JUDGEMENT IS ENTERED AT THE PER DIEM RATE OF $46.53 Atty's Comm % Due Prothy $1.00 Arty Paid $2136.48 Other Costs Plaintiff Paid Date: APRIL 4, 2005 CURTIS R. LONG Prothonotary (Seal) By: J/1 Qn s? Deputy REQUESTING PARTY: Name RICHARD F. STERN, ESQUIRE Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DONALD M. WILEY CHAPTER 73 QDPr Debtor(s) CASE NO.: 1-04-bk-03969 ORDER DISMISSING CASE NOW, at Harrisburg, in said District, Upon consideration of the Certificate of Default filed by Trustee, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediatelydue and payable to the U.S. Bankruptcy Court. Date: March 18, 2005 BY THE COURT, 71??)OIWVL This electronic order is signed and failed on the same date. 136527 i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111- I.D. N 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and fast known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A J:\Anne\Sales\C=beriand\Ocwen. Wiley.Relist.3.05.wpd 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: 3/25/2005 STERN AND STERCHO BY: RICHARD F. STERN, Attorney for Plaintiff J AAnne\Sales\Cumberland\Ocwen. Wiley.Relist.3.05.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND. PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stem and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stem and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Mne\Sales\Cumberland\Ocwen. W iley.Relist.3.05.wpd You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J: \Ame\U es\C=berland\Ocwen. W iley. Relist.3.05. wpd ?xr+zrvsee'k,.S' ?. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 7, 2005 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. 1 have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 3/25/05 STERN AND STERCHO BY: RI HARD F. STERN, Attorney for Plaintiff J: \Anne\Sales\Cumberland\Ocwen. wiley.Relist.3.05. wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND. PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 7, 2005 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 3/25/05 STERN ANDS ERCHO BY: RIC ARD F. STERN, Attorney for Plaintiff J: Wnne\Sales\Cmnberland\Ocwen. Wiley.Relist.3.05.wpd _...... . _ .1. w.:cc u. x _......v?.r.:i... r?! iAi?n I.. 1. _ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133 page 365. 26-23-0541-311 ?? ?? ??? c? o c? t?? o -n _ r r _ (/.'..??? 1 ? ? __? Cl? - ? --4 C;_ t '__! ..w ??T' l.A ?y J Q ? C ?y \y„^ ~ ? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Ame\Sales\C=berlmd\Ocwen. Wiley.Relis[.3.05.wpd 4 ?. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 7:\Anne\Sales\Cumberland\Ocwen. Wiley.Relis[.3.05.wpd ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133 page 365. 26-23-0541-311 Q Q ? 'TI n r? j E'nr= n _ CSC? ; ! / :> T 4z>. Xel? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB Vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY CERTIFICATE OF SERVICE I, RICHARD F. STERN, attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return receipt requested on June 10, 2005. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on June 10, 2005 as evidenced by copy of certificates of mailing attached. STERN AND STERCHO BY: ?1'74k RICHARD F. STERN Attorney for Plaintiff 6/10/05 emu. _ _ ?.?:..?:.::.,...a.?. ?.,..,_ ...._... _,. S _Ave t ' m WIN L ® IL 9? Y. @ a IL t FAM L P ?Q g W is V ¢? E Q Oc °I y ? E J 8 g ? o o. !p ? W F, ? wr 'L L91L5 09LI 1000 06E O 5M + % ? co rn ?Llo Carl G -1 4100 tT V7 0 PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: STERN STERCH® A mmostgatIal lf )oy The Pavilion r; to 4 26101d Or oa ui ,10 One piece of ordinary mail addressed ? ? ? CN7 D r d flk?b KP IM CLIM9 610d Col i Nur fha1 y vh A IUD in stamps tage and 'll nquire of or current - - - PS Form 3817, Mar. 1989 s e o ?- N O - 71 F c, Z OITI Crf C'0' _ , .. naaea?a.:. First Union National Bank The Court of Common Pleas of VS Cumberland County, Pennsylvania Donald M. Wiley and Paula W. Writ No. 2001-6513 Civil Term Wiley J. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2005 at 11:08 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Donald M. Wiley, by making known unto Donald M. Wiley, personally, at The Cumberland County Courthouse, Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2005 at 6:18 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Paula W. Wiley, by making known unto Donald M. Wiley, husband of Paula W. Wiley, at 1709 Charles Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 07, 2005 at 4:47 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 Donald M. Wiley and Paula W. Wiley, located at 1709 Charles Street, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Donald M. Wiley and Paula W. Wiley, by regular mail to their last known address of 1709 Charles Street, New Cumberland, PA 17070. These letters were mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Richard Stern. Sheriff's Costs Docketing 30.00 Poundage 13.60 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Mileage 27.20 Certified Mail 1.60 Surcharge 30.00 Law Journal 269.00 Patriot News 258.23 Share of Bills 18.20 Prothonotary 1.00 $693.83 Sworn and subscribed to before me This P65 day of 2005, S° A_nswgrs R. Thomas Kline, Sheriff BY Vftjj-4 ?y/' Real Estate Sergeant Cd2_. Sv 9.?„Z' d??-c.. 148 4G0 Y I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and fast known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4, Name and address of the last recorded holder of every mortgage of record: N/A J:\. n e\Sales\C=beriand\Ocwen.Wiley.Relist.3.05.wpd 5. Name and address of every other person who has any record lien on the property: N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: 3/25/2005 STERN AND STERCHO BY: /// eK? CHARD F. STERN, Attorney for Plaintiff J:\Ann kUes\Cumberlmd\Ocwen.Wiley.Relist.3.05.wpd 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Anne\Sales\C=berland\Ocwen. Wiley.Relist.3.05. wpd t You may need an attorney to assert your rights.. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 ]:\Ame\Sales\Cumberland\Ocwen. Wiley.Relist.3.05.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Oewen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 7, 2005 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 3/25/05 STERN AND STERCHO BY: RI HARD F. STERN, Attorney for Plaintiff J:\Anne\Sales\Cmnberrland\Ocwen. Wiley.Relist.3.05.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB vs. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND. PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 7, 2005 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 3/25/05 STERN ANDS ERCHO BY: RIC ARD F. STERN, Attorney for Plaintiff !:\Anne\Sales\C=berland\Ocwen. Wiley.Relist.3.05.wpd ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133 page 365. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE BY ITS ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB, Plaintiff (s) From DONALD M. WILEY AND PAULA W. WILEY (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. Amo?t Due $185,477.99 L.L. Interesf'THE DATE OF THE JUDGEMENT IS ENTERED AT THE PER DIEM RATE OF $46.53 Atty's Gomm % Due Prothy $1.00 Atty Paid $2136.48 Other Costs Plaintiff Paid Date: APRIL 4, 2005 URTIS R. NG Prothonotary (Seal) Deputy REQUESTING PARTY: Name RICHARD F. STERN, ESQUIRE Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 Real Estate Sale #19 On May 05, 2005 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1709 Charles Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 05, 2005 By: J S" Real Est e Deputy u .E V q-- ddv SOOT F?jR93NS -aF4IY?0?3? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. 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 ous Book "M", recorded in the office for the Recording of Deeds in and for said County of Dauphin in M77 Volume 14, Page 317. PUBLICATION ............. COPY Sworn to and so cri d before melMs 16th day of SALE #19 NOTAKY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 258.23 _REAL ESTATE SALE N°• 19 -- Wit No.2o01-6513 Civil Term ----- First Union National Bank vs _ Donald AA.Wiley and -7paulaW.Wiley Atty_ Richard Stern DESCRIPTION - 3lld. THAT CEMAIN naet rr parcel of land ,ys E-b the Borough of New Cumberland, q uu of Com6eciaiA and Commohwealth of vania, more -parbalartylrounded and ?ys tol7mvs; to wit: - - " R4 qE c m a ?t-et rise easterly righ4o e - e- C?iaiYes`Srteet at the dividing line Between the Preto, herein described and Lat -146.38 on the hereinafter memdoned Plan of Lots; - I- ai-Min line north fifty eight "theae Ong Set .-"'(58) dues five (05)vminuees twenty (20emnds east a distance of one hum6ed twenty (120) feet m e oflands a point; thence alonS La now or of Comtil south ihiftY-one (31) degrees formerly (54) minutes fott seconds east a _-56y`tom' ( 40) d1starce of one hundred (I 00) feet [o a point; .. a16ng [Ire dividing line between the premises ?remindescnbed and Let o.36 on cite m er mentioned Plan of Lots south sfty et%e ( ) degees the (05). _TIME is vested in Donald M. Wdey and Paula W. Wiley, his wife, by Deed from jam`s M. Goland rimed 5!10188 recorded 5117188 In the County 0f Cumbbedand in Deed Book 133 page 365 TAXPARCEL#Lb:'.3-0541_311._--_ __-- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, 22, 29, 2005 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. d isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 29 day of July. 2005 NOTARIAL SEAL - LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2009 9A?ENo• 19 ast,I, g6TO-T Wfit No. 2001.6513 Civil First Union National Baniz Donald MSWWil.eynd Paula W tem Atty. C. Stra torp ,?p,T CERTP3N of found situate Coup 9 of th of P eel of Cumberland, ed d. and Gomm°.nO y b ore - to nttlye es at tNN1NG almoi of Chareen e of a" gEG easterlY zi e °f din ei g 1 a - ed and d vi n ? Street at men- the premis o e here tong said l,ot NO tan of lotst thence gbt (581 ? eel one divydinF> lure o utes twenty---. __de eesrfive_ (._, ee of one i (hp?sdre6nentY(1201 ?f to dDint; ong the Une of la al south °ce "nelY °ey--four (5`1a or ( forty (40) second 1001 feet to a -ates of one hundred e d vtding 1ss?e th betweea ?t 0. a6 tsso scribed ?nentlonedp yve (O5)• inafte t (58) deeeDonald M• Wi- f tY•riTI,E is vested in il his wife by J>es Mey dated Garland ? ley and Ya the deed from 12/Dg8 00 recorded 'n °f County Be 43,311 13326 2 §] COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND EISENBERG The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I. D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: J:\ANNE\SALES\CUMBERLAND\OCWEN. W ILEY. RELIST.3.05.W PD N/A 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: N/A 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: 6/13/2006 STERN AND EISENBERG RICHARD F. STERN, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\OCW EN.W ILEY.RELIST.3.05.W PD §• ? e= 3d ? ?•-. t?EE1?{8£A'?k4?8J??K'AU?vty k5.xl?.?- ?v ?. _.'2'st a?v"r$rg5V5EaP'£ - IYEy{Wi?lY?SY{?}6?iMl?lff ?? GJ L. J N = Jt?. G7 = f11 :? Ave iNTHE COURT OF C 'MON PLEAS OF CUMBERLAND C iTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment First Union National Bank, as Trustee bytits attorney in fact, ( ) Other Ocwen Federal Bank FSB File No. o1-6513 CIVIL vs. Amount Due $185,477.99 Donald M. Wiley and Paula W. Wiley Interest the date judgment is,entesedaat the per diem rate of $46.53 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the.above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 1709 Charles Street, New Cumberland, PA 17070 See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date JUNE 14, 2006 Signature: Print Name: Address: Attorney for: Telephone: 410 The Pavilion Jenkintown, PA.19046 (215) 572-8111 Supreme Court ID No.: 03315 (over) /?rv C?• 1 In, ? qvy? G-I 1 w O a0 ? 0 _ ) U ?IP4 un ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133 page 365. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6513 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE BY ITS ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB, Plaintiff (s) From DONALD M. WILEY AND PAULA W. WILEY (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 $185,477.99 L.L. Interest THE DATE JUDGMENT IS ENTERED AT THE PER DIEM RATE OF $46.53 Atty's Comm % Due Prothy $1.00 Atty Paid $2845.31 Other Costs Plaintiff Paid Date: JUNE 21, 2006 CURTIS R. LONG (Seal) Prothono -By: a u e ? Oll Deputy REQUESTING PARTY: Name RICHARD F. STERN, ESQUIRE Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DONALD M. WILEY Debtor(s) CHAPTER 13 [ GA*/ CASE NO.: 1-05-BK-04961 ORDER DISMISSING CASE Upon consideration of Trustee's Certificate of Default by Debtor of Stipulation in settlement of prior Motion to Dismiss, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case beand they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediatelydue and payable to the U.S. Bankruptcy Court. By tile C81W4 Baa Dated: May 15, 2006 judge (Ew). This document is edectronicadlystgned and filed on the same. date. MUPA-DISMBSMPT REV SW5 035483 035483 23609035554017 .h COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on December 6, 2006 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Eisenberg the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J: W NNE\SALES\CUMBERLAND\OCW EN. W ILEY.RELIST.3.05. W PD 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 Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111. 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 a 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 on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:?ANNE\SALES\CUMBERLAND\OCWEN.WILEY.RELIST.3.05 WPD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle. PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on December 6, 2006 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/13/2006 STERN AND EISENBERG B ra - RICHARD F. STERN, Attorney for Plaintiff J: W NNE\SALES\CUMBERLAND\OC W EN. W ILEY.RELIST.3.05. W PD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I. D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on December 6, 2006 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/13/2006 STERc ?V ?JD EISEN^ERG BY: RICHARD F. STERN, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\OCW EN. W ILEY.RELIST.3.05. W PD c_ r .' :J 441, ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133 page 365. 26-23-0541-311 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW RICHARD F. STERN, ESQUIRE STERN and EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB vs. NO. 01-6513 CIVIL DONALD M. WILEY AND PAULA W. WILEY PRAECIPE TO ASSIGN JUDGMENT To the Prothonotary: Please assign the Judgment of First Union National Bank, as Trustee by its attorney in fact, Ocwen Federal Bank FSB entered on.January 2, 2002 in the amount of $185,477.99 to the use of Lehman Capital, a Division of Lehman Brothers Holdings, Inc. c/o Ocwen Loan Servicing, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. STERN AND EISENBERG LLP BY: RICHARD F. STERN Attorney for Plaintiff 7/27/2006 Xl , z c?fr -c 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215)572-8111- I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY AND PAULA W. WILEY CERTIFICATE OF SERVICE I, RICHARD F. STERN, attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendants by certified mail, return receipt requested on September 26, 2006. I further certify that notice of the Sheriffs Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on September 26, 2006 as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP B: RICHARD F. STERN Attorney for Plaintiff 9/28/06 'M` NX i 1 III ? e I • S , fLl ?n7 Pas age $ O Certified Fee 0 ° Rear m Receipt Fee r3 (Endorsement Required) C3 Restricted Delivery Fee rq (Endomemefd Required) ra m Total Postage A Fume q: cb?rnall? U) O- u J/ C3 N S RI IU Ln nJ '_r C3 Certflied Fee C3 E3 Return Receipt Fee (Endorserent Required) C3 Restricted Delivery Free r=l (Endorsement Required) ITi c3 Benr a Paula W. Wiley Ln o M1 ea,:rra 1709 Charles Street or PO Box No. New Cumberland, PA 17070 ch; Brere, as _ rsrnnn JBOO June 2002 See Reverse for Instruchonsy - U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: STERN & EISENBERG LLP Attorneys at Law X904 26101d York Read, Suite 410 ' , Cgs, C "l One pl- of nminnn, men '?F _ Domestic Relations NOI _ Cumberland County Courthouse 1 Courthouse Square - Carlisle, PA 17013 Pb Forrn 41511, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR OMESTIC PROVIDE FOR NSUDRANCE POSTMASTERNATIONAL MAIL, DOES NOT Received Fmm: STERN & EISENBERG LLP AttTo{r,inye,ys at LaV? q r ?s 2f1 York Read, Suite 410 : - One Tax Claim Bureau ,4,01,11\14 - Cumberland County Courthouse - 1 Courthouse Square _ Carlisle, PA 17013 PS Form 3817, January 2001 W G ^ A ??ry??. in stamps r t16c5t?,and ui1 of o?tma LC Ont %O 9 .pl. 41 pBe I stamps Ind r cunt a, r 10 rn? C) tr cc% 0 L o m T T ',. Q e , ' ? t r ? . ? 7 C7 v, , , ` l OD -)0 -< OD ?.a M ti ` COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB VS. : NO.01-6513 CIVIL DONALD M. WILEY AND PAULA W. WILEY CERTIFICATE OF SERVICE I, RICHARD F. STERN, attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendants by certified mail, return receipt requested on September 26, 2006 and received by the Defendants on September 30, 2006 as evidenced by copy of certified mail receipts and signed green cards attached. STERN AND EISENBERG LLP Z RICHARD F. STERN Attorney for Plaintiff 10/3/06 4 "Fx?Sn`?i I { 1? 7005 3110 0004 2524 2437 G co ?CC 3 G N CD (D- N fD ? NK ¢ N -0 SP. D O J O ,a am ° i Qppl '0 N? 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E 9 - n O N _ m m m N r m 3 m m S g m b ? m N 0 0 t O rn ? -L7, EA ,-? 3 o ^> ?._ C3 - ft7 CIM1 -L 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND EISENBERG The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, As Trustee, by its attorney in fact, Ocwen Federal Bank FSB vs. DONALD M. WILEY AND PAULA W. WILEY Civil Action Number: 01-6513 MORTGAGE FORECLOSURE ORDER TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. STERN AND D F. STERN for Plaintiff 3/17/2009 cs cn