The URL can be used to link to this page

Home My WebLink About03-4331WASHINGTON MUTUAL BANK, FA SUCCESSOR 1N INTEREST TO HOMESIDE LENDING, 1NC Plaintiff VS. DALE L. STILES AND N1COLE L. STILES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 03- c/ 3/ THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a wriUen appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claflin in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMB.~R~AND COUNTY LAWYER REFERRAL SERVICE CUMBE1L~AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC, Plaintiff VS. DALE L. STILES AND NICOLE L. STILES, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC, Plaintiff VS. DALE L. STILES AND NICOLE L. STILES, De~ndants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ~-~ - t/-75 t ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC, is a Corporation, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. Defendant, DALE L. STILES, is an adult individual, whose last known address s 15 BELLLMORE ROAD, CAMP HILL, PENNSYLVANIA 17011. Defendant, NICOLE L. STILES, is an adult individual, whose last known address is 15 BELLMORE ROAD, CAMP HILL, PENNSYLVANIA 17011. On or about, December 23, 1996, the said Defendants, executed and delivered a Mortgage Note in the sum of $86,800.00 payable to THE LONG ISLAND SAVINGS BANK, FSB, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1359, Page 453 conveying to original Mortgagee the subject premises. The Mortgage was subsequently a~'~g~ned to HOMESIDE LENDING, INC. and recorded in the aforesaid County in Mortgage Book 541, Page 951. Washington Mutual Bank, FA is Successor in Interest to Homeside Lending, Inc. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 15 BELLMORE ROAD, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $81,010.01 Interest at $17.34 per day From 02/01/2003 To 10/01/2003 ( based on contract rate of 7.750%) $4,196.28 Accumulated Late Charges $157.55 L~e Charges $31.51 From03/01/2003 to 10/01/2003 $252.08 Escrow Balance $764.23 Attomey'sFee~5% of Principal Balance TOTAL $4,050.50 $90,430.65 **Together with interest at the per diem rate noted above after October 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.750% ($17.34 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. / By: PURC ER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) - p~d~b~mthe~otlhem.~lxadmmby~,~mM(d S[VEN AND '~HI~E i2g/kK~l:~ I)~h~t,hdlbemi,~m ~0! OLG CO'TRY ROAD, #~LVILLE., NEN YORIC 1~747 ] Ob~ ~:KyI D~I.E L STILES- PM TO I~ Olmm VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 3, 2003 SHERIFF'S RETURN - CASE NO: 2003-04331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS STILES DALE L ET AL REGULAR HAROLD WEARY , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE STILES DALE L DEFENDANT at 15 BELLMORE CAMP HILL, PA 17011 NICOLE L STILES, ADULT IN CHARGE a true and attested copy of COMPLAINT - , at 1753:00 HOURS, on the ROAD Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of September, 2003 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this /7? day of .L~_~ A. D. So Answers: R. Thomas Kline 09/i0/2003 PURCELL KRUG HALLER By: F D~ep~uty~ri f f SHERIFF'S RETURN - REGULAR CASE NO: 2003-04331 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS STILES DALE L ET AL HAROLD WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE STILES NICOLE L DEPENDANT at 1753:00 HOURS, at 15 BELLMORE ROAD CAMP HILL, PA 17011 NICOLE STILES a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of September, 2003 by handing to - 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 /7 ~ day of ~rothonotary So Answers: R. Thomas Kline 09/10/2003 PURCELL KRUG HALLER Deputy SherR~ff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC, PLAINTIFF VS. DALE L. STILES NICOLE L. STILES, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4331 MORTGAGEFORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiffand against Defendant(s) DALE L. STILES and NICOLE L. STILES for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $! 7.34 From 02/01/2003 To ! 0/01/2003 Accumulated Late Charges Late Charges ($31.51 per month to 10/01/2003) Escrow Deficit 5% Attorney's Commission TOTAL $81,010.01 $4,196.28 $157.55 $252.08 $764.23 $4,050.50 $90,430.65 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of SheriW s Sale. PURCELL, KRU~ 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN iNTEREST TO HOMESIDE LENDING, [NC, PLAINTIFF Vs. DALE L. STILES NICOLE L. STILES, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4331 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 6, 2003 [ served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC, Plaintiff VS. DALE L. STILES AND NICOLE L. STILES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4331 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: October 6, 2003 TO: DALE L. STILES 15 BELLMORE ROAD CA~MP HILL, PA 17011 NICOLE L. STILES 15 BELLMORE ROAD CAMP HILL, PA 17011 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR/TTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 7174249-3166 ~ LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC, PLAINTIFF VS, DALE L. STILES NICOLE L. STILES, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4331 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN : Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. ItALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before methisZ' day of ~2d_ 20 d~ LE~QUIRE~ ~ IN THE COURT OF COMMON PLEAS OF cUMBERLAND COU~qTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 03-4331 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN lNTEREST TO HOMESIDE LENDING, INC, PLAINTIFF VS. TOTAL AMOUNT OF JUDGMENT Interest Per diem of $17.34 to sale date DALE L. STILES NICOLE L. STILES, DEFENDANT(S) Late Charges $31.51 per month to sale date Escrow Deficit $90,430.65 $2,687.70 $126.04 $2,000.00 HA AS Deed TOB/~ NO. 03 ASSEs~ TOTAL WRIT $95,244.39 *Plus additional interest, late charges and other costs to date of sherifPs sale. SALE DATE: Wednesday, March 03, 2004 (PROTHONOTARY'S USE) Plff. Paid Deft. Paid Due Proth/Clerk Other Costs PRAEC1PE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: NoYember 30, 2003 ~ Leo~ Haller PA I.D. #15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PEN~NSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon sell the property described in the attached description known as 15 BELLMORE ROAD CAMP ItlLL, PENNSYLVANIA 17011 Date: PROTHONOTARY/CLERK CiVIL DiVISION BY DEPUTY ALL THAT CERTAIN tract or parcel of land situate and being in the Township o fLower Allen, Cumberland County, Permsylvania, more particularly bom~ded and described as follows: In Accordance with a survey and plan thereof made by Gerrit J. Betz, R.S., dated June 19, 1974 as follows, tc wit= BEGINNING at a point on the westerly line of Bellmore Road (50 feet wide) which said point is 159.76 feet north of the northwesterly corner of Eartzdale Drive and Bellmore Road extended and at dividing line between Lots--Nos. 8 and 9, Block K on the hereinafter mentioned Plan of Lots~ thence along said dividing line South 47 degrees 40 minutes West 125.0 feet to e pointl thence along the easterly line of Lots Nos. 13 and 14, Block K, on said Plan North 42 degrees 20 ~nutes West 75.0 feet to a point et dividing line between Lots Nos. 7 and 8, Block K on said Plan~ thence along said dividing line North 47 degrees 40 minutes East 125.0 feet to a point on the westerly line of Bellmore Road aforesaidl thence along the westerly line of Bellmore Road South 42 degees 20 minutes East 75.0 feet to a point, the place of BEGINNING. BEING Lot No. 8, Block K on the Plan of Country and Town Eomes~ Inc. recorded in Plan Book 7, Page 41. HAVING THEREON ERECTED A ONE STORY BRICK AND ALUMINUM DWELLING KNOWN AS l 5 BELLMORE ROAD CAMP HILL, PENNSYLVANIA 17011 BEING THE SAME PREMISES WHICH Stanley E. Gipe et al by deed dated 12/23/96 and recorded in Deed book 151, Page 672 granted and conveyed unto Dale L. Stiles and Nicole L. Stiles. TO BE SOLD AS THE PROPERTY OF DALE L. STILES AND NICOLE L. STILES ON JUDGMENT NO. 03-4331 ASSESSMENT NO. 13-25-0020-030 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4331 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F A SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC. Plaintiff (s) From DALE L. and NICOLE L. STILES, 15 BELLMORE ROAD, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)und to sell REAL ESTATE LOCATED AT 15 BELLMORE ROAD, CAMP HILL PA 17011 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon th the possession of GARNISHEE(S) as £oilows: 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 defendam (s) and from delivering any property of the defendant (s) or othep,vise 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 Mm/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due ~' ~'~, L,~, $~-~ L.L. $.50 Interest PER DIEM OF $17.34 TO 3/3/04 -- $2,687.70 Atty's Corem % Due Prothy 1.00 Atiy Paid $134.97 Other Costs LATE CHARGES $31.51 PER MONTH TO 3/3/04 -- $126.04: ESCROW DEFICIT - $2,000.00 Plamhff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Protholl~tary WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESiDE LENDING, INC, ?LAINTIFF VS. DALE L. STILES NICOLE L. STILES, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4331 IN MORTGAGEFORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiffin the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 15 BELLMORE ROAD, CAMP HILL, PENNSYLVANIA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): DALE L. STILES l 5 BELLMORE ROAD CAMP HILL, PA 17011 NICOLE L. STILES 15 BELLMORE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name mrd address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOV~): Empire Funding Corp. 9737 Great Hills Trail Austin, Texas 78759 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants if any... DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsifica~k)n to authorities..,.~ Leon P. Haller Pfi~15~7 0C(/' Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:November 30, 2003 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO HOMESIDE LENDING, INC, PLAINTIFF VS. DALE L. STILES NICOLE L. STILES, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-4331 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, March 03, 2004 TIME: I0:00 O'clock A.M. LOCATION: Cumberlm~d County Courthouse Carlisle, Pemlsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together wifl~ a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 15 BELLMORE ROAD CAMP HILL, PENNSYLVANIA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth m~d County to: No. 03-4331 JUDGMENT AMOUNT $90,430.65 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DALE L. STILES and NICOLE L. STILES A SCHEDULE OF DISTRIBUTION, being a list of the persons m~d/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Infonnation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal fights to prevent your property from being taken away. A lawyer can advise you more specifically of these fights. If you wish to exercise your fights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland Comaty Bar Association 2 Liberty Avenue Carlisle, Pemasylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Cormnon Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate pfice or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or fights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within Comity. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Com't. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land situate and being in the Township of Lower Allen, Cumberland County, Pem~sylvania, more particularly bounded and described as follows: In Accordance with a survey and plan thereof made by Gerrit J. Betz, R.S., dated June 19, 1974 as follows, tc wit: BEGINNING at a point on the westerly line of Bellm0re Road i50 feet wide} which said point is 159.76 feet north of the northwesterly corner of Hartzdale Drive and Bellmore Road extended and at dividing line between Lots--Nos. 8 and 9, Block K on the hereinafter mentioned Plan of Lots; thence along said dividing llne South 47 degrees 40 minutes West 125.0 feet to a point; thence along the easterly line of Lots Nos. 13 and 14, Block K, on said Plan North 42 degrees 20 minutes West 75.0 feet to a point at dividing line between Lots Nos. 7 and 8, Block K on said Plan; thence along said dividing llne North 47 degrees 40 minutes East 125.0 feet to a point on the westerly line of Bellmore Road aforesaid; thence along the westerly line of Bellmore Road South 42 degees 20 minutes East 75.0 feet to a point, the place of BEGINNING. BEING Lot No. 8, Block K on the Plan of Country and Town Bomes, Inc. recorded in Plan Book 7, Page HAVING THEREON ERECTED A ONE STORY BRICK AND ALUMINLrM DWELLING KNOWN AS 15 BELLMORE ROAD CAMP HILL, PENNSYLVANIA 17011 BEING THE SAME PREMISES WHICH Stanley E. Gipe et al by deed dated 12/23/96 and recorded ha Deed book 151, Page 672 granted and conveyed unto Dale L. Stiles and N/cole L. Stiles. TO BE SOLD AS THE PROPERTY OF DALE L. STILES AND NICOLE L. ST[LES ON JUDGMENT NO. 03-4331 ASSESSMENT NO. 13-25-0020-030 Washington Mutual Bank, FA Successor In Interest to Homeside Lending, Inc. VS Dale L. Stiles and Nicole L. Stiles In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4331 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriff's Costs: Docketing 30.00 Poundage 9.18 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Sumharge 30.00 Service 19.32 Law Journal 215.80 Patriot News 88.29 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 468.41 paid by attomey 02/24/04 Sworn and subscribed to before me ¥ This day of ~7~x~_~,~7 Prothonotary R. Thomas Kline, Sheriff Real Est~e Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, 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 20th day(s) of January 2004. 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 D{~ul~hin in Miscellaneous Book "M", PURLICATION ................................................................................... COPY Sworn to and sub iS 23rd day.~,ebr, a~/~//' 2004 A.D. ~,~~~y commission expires June 6, 2006 CUMBERED ~U~ SHERIFFS O~ICE CUMBERED ~ ~OUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO,, Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 88.29 Publisher's Receipt for Advertising Coat The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ._ COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TAT~ SAI~ NO. 68 Writ No. 2003-4331 Civil Washington Mutual Bank, FA Homeside Lending Inc. Dale L. Stiles and Nicole L. Stiles Arty: Leon P. Hailer ALL THAT CERTAIN tract or par- cel of land situate alld being in the Township of Lower Allen, Cumber land County, Pennsylvania, more particularly bounded and described as follows: In Accordance with a survey and plan thereof made by Gercit J. Betz, R.S., dated June 19, 1974 as fol- lows, to wit: BEGINNING at a point on the westerly line of Bellmore Road (50 feet wide) which said point is 159.76 feet north of the northwest- erly corner of Hartzdale Drive and Bellmore Road extended and at di vlding line between Lots Nos. 8 and 9, Block K on the hereinafter men- tioned Plan of Lots; thence along said dividing line South 47 degrees 40 minutes West 125.0 feet to a point; thence along the easterly line of Lots Nos. 13 and 14, Block K, on said Plan North 42 degrees 20 rain utes West 75.0 feet to a point at dividing line between Lots Nos. 7 mad 8, Block K on said Plan; thence along said dividing line North 47 degrees 40 minutes East 125.0 feet to a point on the westerly line of Belhnore Road aforesaid; thence along the westerly line of Bellmore Road South 42 degees 20 minutes East 75.0 feet to a point, the place of BEGINNING. BEING Lot No. 8, Block K on the Plml of Country and Town Homes, Inc. recorded in Plan Book 7, Page 'sa Marie Coyne, E4itor SWOR~a~ND SUBSCRIBED before me this 30 _day of JANUARY 2004 LOiS E. SNYDER. Nota~/Public Ca,isle Boro, Cumbefla~l County My Commission Expires March 5, 2005 riding line between Lots Nos. $ and 9, Block K on the hereinafter men tioned Plan of Lots; thence along said dividing line South 47 degrees 40 minutes West 125.0 feet to a point; thence along the easterly line of Lots Nos. 13 and 14, Block 14. on said Plan North 42 degrees 20 utes West 75,0 feet to a point at dividing line between Lots Nos, 7 and 8, Block K on said Plan; thence along said dividing line North 47 degrees 40 minutes Bast 125.0 feet to a point on the westerly line of Bellmore Road aforesaid; thence along the westerly line of BeIlmore Road South 42 degees 20 minutes East 75.0 feet to a point, the place of BEGINNING. BEING Lot No. 8. Block K on the Pla]:[ of Country and Town Homes, Inc. recorded in Plan Book 7, Page 41. HAVING THEREON ERECTED A ONE STORY BRiCK AND ALUMI- NUM DWELLING KNOWN AS 15 BELLMORE ROAD, CAMP HILL, PENNSYLVANIA 17011. BEING THE SAME PREMISES WHICH Stanley E. Gipe et al by deed dated 12/23/96 and recorded in Deed book 151, Page 672 grant- ed and conveyed unto Dale L. Stiles and Nicole L. Stiles. TO BE SOLD AS THE PROPER- TY OF DALE L, STILES AND NI- COLE L. STILES ON JUDGMENT NO. 03-4331. ASSESSMENT NO. 13-25-0020- 030,