HomeMy WebLinkAbout03-5396WASHINGTON MUTUAL BANK, FA SUCCESSOR
IN INTEREST TO PNC MORTGAGE CORP. OF
AMERICA
Plaintiff
VS.
TRACY L. CLEMENTS AND
WILLIAM L. CLEMENTS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR TIlE PURPOSE OF COLLECTING TIlE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set fnrth in the following pages, you must take
within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney tu
filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail t(
the case may proceed without you and a judgment may be entered against you by the Court without further notice for any mone
claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rig[
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.
ction
d
do so
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 [ 'E
SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGt DO,
REGISTRE CON LA CORTE EN FOR/VIA 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 IMPORTANT iS.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFEREN~IA
DE ABOGADOS), (215) 238-6300. I
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 2 L1BERTY AVENUE
CARLISLE, PA 17013
717-249-3166
WASHINGTON MUTUAL BANK, FA,
Plaintiff
VS.
TRACY L. CLEMENTS AND
WILLIAM L. CLEMENTS,
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 DE] IT
COLLECTION PRACTICES ACT, 15 U.S.C. 1601
The undersigned attomey is attempting to collect a debt,wed to the Plaintiff, and any I
information obtained will be used for that purpose. Thc amount of the debt is stated in thi~
Complaint. Plaintiff is the creditor to whom the debt i~ owed. Unless the Debtor, within tl~irty
(30) days after your receipt of this notice disputes the wdidity 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) da~
period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney' ;hall
obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upo
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
different from the current creditor.
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney I.D.# 15700
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, FA
SUCCESSOR IN INTEREST TO PNC
MORTGAGE CORP. OF AMERICA,
Plaintiff
VS.
TRACY L. CLEMENTS AND
WILLIAM L. CLEMENTS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURIE
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR 1N INTEREST TO PNC MORT(
CORP. OF AMERICA, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665
MILWAUKEE, WISCONSIN 53201.
AGE
Defendant, TRACY L. CLEMENTS, is an adult individual, whose last known address is 219 YOR]¢
ROAD, CARLISLE, PENNSYLVANIA 17013. Defendant, WILLIAM L. CLEMENTS, is an adu!t
individual, whose last known address is 216 YORK ROAD, CA3?,i, ISLE, PENNSYLVANIA 1701 ~.
On or about, August 15, 1996, the said Defendants, executed and delivered a Mortgage Note in the~um
of $95,625.00 payable to PNC MORTGAGE CORP. OF AMERICA. The Said Note is not accessible/to
Plaintiffand is believed to have been lost. In further answer thereto, a copy is believed to be in the
possession of Defendants.
Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and Ihat
the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the
Pennsylvania Rules of Civil Procedure.
Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order t~
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 1336, Page 856 conveying to original Mortgagee the subject ~
premises. Washington Mutual Bank, FA is Successor in Interest to PNC Mortgage Corp. ofAmerici.
The Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 216 YORK ROAD, CARLISLE, PENNSYLVANIA 17012 and is
more particularly described in Exhibit "A" 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 o~ May
01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortg~ e:
UNPAID PRINCIPAL BALANCE
Interest at $20.84 per day
From 04/01/2003 To 11/01/2003
( based on contract rate of 8.500%)
Accumulated Late Charges
Late Charges $34.44
From 05/01/2003 to 11/01/2003
Escrow Balance
Attorney's Fee at 5% of Principal Balance
TOTAL
$89,520.29
$5,084.95
$172.23
$275.51
$550.01
$4,476.01
$100,079.00
**Together with interest at the per diem rate noted above after November 01, 2003 and other charg,
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 p~my purchaser at SheriWs Sale. Iff
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
~S
le
9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 61of
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. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners'
Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time
limitations as set forth therein or have been determined by the ]?lousing Finance Agency not to qualify
for assistance.
WItEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementio:
total amount due together with interest at the rate of 8.500% ($20.84 per diem), together with other charg~
costs including escrow advances incidental thereto to the date/o~heriff's Sale and for foreclosure and sal~
the property within described.
By:
PURCELL, KRUG & HALLER
Leon P. Hailer, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
ted
s and
of
ALL TNAT CERTAIN tract of land with the improvements thereon
erected, Situate in ~outh Middletown Township, Cumberland County,
Pennsylvania, bounded and describRd pursua~t to a survey by
Thomas A. Neff, dated April 5, 1995, and filed in the Office of
the Recorder of Deeds in end for Cumberland County in Plan Book
69, Page 128, as follows~
BEGINNING at an iron pin in the leqal rig~t-of-way of Y~ Road
(S.R. 74) end along property now or formerly of Robert and Betty
Hughes, South 37 degrees, 00 minutes, 00 seconds, west, 150.00
feet to an iron pin; thence along Lot No. 3: of the aforementioned
Plan, North 53 degrees, 00 minutes, 00 seconds, West, 50 feet to
an iron pin; thence along Lot Number 1 of the aforementioned
Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.80 feet
to an iron Din at the Corner of Lot No. 1 of the aforementioned
Plan end York Road (S.R. 74); thence along the right of way of
York Road ($.R. 74) South 53 degrees, 00 minutes, 00 seconds,
East, 50.08 feet to an iron pin, the place of BEGINNING.
BEING Lot Number 2 of the Plan of Lots of 9~onald and Barbara Lebo
as recorded in the Office of the Recorder of Deedz in and for
Cumberland County in Plan Book 69, Page 128. Being improved with
a dwelling known as 216 York Road.
CONTAINING 0.17 acres more or lees.
COMPANY NAME: m_q-m~ ~ ma<, m s~,~s~ m m~:sr ~o
VERIFICATION
I verify that the statements made in the foregoing Complaint are true
and correct.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
Dated cciu~a~ 8, 20o3
By
Dean LaRocha
Title Assr Secretary
SHERIFF'S RETURN -
CASE NO: 2003-05396 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL B~kNK ET AL
VS
CLEMENTS TP~ACY L ET AL
REGULAR
CPL. TIMOTHY REITZ ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT - MORT FORE
CLEMENTS TRACY L
DEFENDA/qT , at 1658:00 HOURS,
at 216 YORK ROAD
CARLISLE, PA 17013
WILLI~24 CLEMENTS, HUSBAND
a true and attested copy of COMPLAINT - MORT FORE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 14th day of October ,
together with
by handing to
2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
3 45
00
10 00
00
31 45
Sworn and Subscribed to before
me this . ~5/~, day of
~ ~:~-~ =2~ A.D.
/Prothonotary
So Answers:
R. Thomas Kline
10/15/2003
PURCELL KRUG HALLER
By:
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05396 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK ET AL
VS
CLEMENTS TRACY L ET AL
CPL. TIMOTHY REITZ
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
CLEMENTS WILLIAM L
DEFENDANT , at 1658:00 HOURS,
at 216 YORK ROAD
CARLISLE, PA 17013
WILLIAM CLEMENTS
a true and attested copy of COMPLAINT - MORT FORE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 14th day of October , 2003
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 2~.~ day of
ot~nonot ary
So Answers:
R. Thomas Kline
10/15/2003
PURCELL KRUG HALLER
Detfuty S~fer~
WASHINGTON MUTUAL BANK, FA SUCCESSOR
IN INTEREST TO PNC MORTGAGE CORP. OF
AMERICA,
PLAINTIFF
VS.
TRACY L. CLEMENTS
WILLIAM L. CLEMENTS.
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 03-5396 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s)
TRACY L. CLEMENTS and WILLIAM L. CLEMENTS 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
~llows:
Unpaid Principal Balance
Interest
Per diem of $20.84
From 04/01/2003
To 11/01/2003
Accumulated Late Charges
Late Charges
($34.44 per month to
11/01/2003)
Escrow Deficit
$89,520.29
$5,O84.95
$172.23
$275.51
$550.01
5% Attomey'sCommission
TOTAL
$4,476.01
$100,079.00
**Together with additional interest at the per diem rate indicated above from the date herein, based on
the cmrtract rate, and other charges and costs to the date of Sheriff's Sale.
PURCELL, KR~.~
By'--- LeT. Haller/PPA I.D7# 1(3700
1719 North Front Street
Harrisburg, PA 17102
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 03-5396 CIVIL TERM
WASHINGTON MUTUAL BANK, FA SUCCESSOR
IN INTEREST TO PNC MORTGAGE CORP. OF
AMERICA,
PLAINTIFF
VS.
TRACY L. CLEMENTS
WILLIAM L. CLEMENTS,
DEFENDANT(S)
TOTAL AMOUNT OF $100,079.00
JUDGMENT
Interest $2,500.80
Per diem of $20.84 to sale
date
Late Charges $103.32
$34.44 per month to sale
date
Escrow Deficit $2,000.00
TOTAL WRIT
$104,683.12
*Plus additional interest, late charges and other costs
to date of sherifPs sale.
SALE DATE: Wednesday, March 03, 2004
(PROTHONOTARY'S USE)
Pltf. Paid
Deft. Paid
Due Proth/Clerk
Other Costs
PRAEC1PE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Writ of Execution in the above caption~
Date: December 2, 2003 ~,-/'~~--/'~
Harrisburg, PA 17102 PA I.D. #15700
(717) 234-4178
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment interest and costs in the above captioned case, you are directed to levy upon and
se[I the property described in the attached description known as 216 YORK ROAD CARLISLE,
PENNSYLVANIA 17012
Date:
PROTHONOTARY/CLERK CIVIL DIVISION
BY
DEPUTY
ALL THAT CERTAIN tract of land with the improvements thereon
erected, s~tuate in South Middletown Township, Cumberland County,
Pennsylvania, bounded and described pursuant to a survey by
Thomas A. Neff, dated April 5, 1995, and filed in the Office of
the Recorder of Deeds in and for Cumberland County in Plan Book
69, Page 128, as follows:
BEGINNING at an iron pin in the legal rig~t-of-way of York Road
(S.R. 74) and along property now or formerly of Robert and Betty
Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00
feet to an iron pin; thence slong Lot No. 3 of the aforementioned
Plan, North 53 degrees, 00 minutes, 00 seconds, West, 50 feet to
an iron pin; thenoe along Lot Number 1 of the aforementioned
Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.00 feet
to an iron pin at the Corner of Lot No. 1 of the aforementioned
Plan and York Road (S.R. 74); thence along the right of way of
York Road ($.R. 74) South 53 degrees, 00 minutes, 00 seconds,
East, 50.00 feet to an iron pin, the place of BEGINNING.
BEING Lot Number 2 of the Plan of Lots of Ronald and Barbara Lebo
as recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Plan Book 69, Page 128. Being improved with
a dwelling known as 216 York Road.
CONTAINING 0.17 acres more or less.
HAVING THEREON ERECTED A DWELLING KNOWN AS 216 YORK ROAD, CARLISLE,
PENNSYLVANIA 17012
BEING THE SAME PREMISES WHICH Ronald L. W. Lebo and Barbara J. Lebo by deed dated 8/15/96
and recorded in Deed Book 144, Page 441, granted and conveyed unto William L. Clements and Tracy L.
Clements.
TO BE SOLD AS THE PROPERTY OF TRACY L. CLEMENTS AND WILLIAM L. CLEMENTS ON
JUDGMENT NO. 03-5396.
ASSESSMENT NO. 40-22-0487-120
WASHINGTON MUTUAL BANK, FA SUCCESSOR
IN INTEREST TO PNC MORTGAGE CORP. OF
AMERICA,
PLAINTIFF
Vs.
TRACY L. CLEMENTS
WILLIAM L. CLEMENTS,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 03-5396 CIVIL TERM
IN MORTGAGE FORECLOSURE
CERTIHCATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
[ hereby certify that on November 12, 2003 I 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
11:14
PURCELL KRUG ~ HALLER
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO PNC
MORTGAGE CORP. OF AMERICA
Plaintiff
VS,
TRACY L. CLEMENTS AND
WILLIAM L. CLEMENTS
Defendants
IN THE COURT OF COMMON PLEAS
CUMBEI~LAND COUNTY, PENNSYLVANIA
NO. 03-5396 CIVIL TERM
CIVIL ACTION LAW
IN MORTGAGE FORZCLOSUP~
P. 02
DATE OF THIS NOTICE: November 3.2, 2003
TO:
TRACY L. CLEMENTS
216 YORK ROAD
CARLISLE, PA 17013
WILLIAM L CLEMENTS
2 l 6 YORK ROAD
CARLISLE, PA 17013
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT, ANY INFOR~MATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE GE COLLECTING THE DEBT.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGALNST 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 HAV~ A LAWYER
OR CANNOT AFFORD ONE, GO TO OK TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
CUMBER.LAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
7 l 7-249-3166
o/~y ~or Plaintiff
t719 N. Front St., Harrisburg, PA 17102
(717) 2344178
TOTAL P.02
WASHINGTON MUTUAL BANK, FA SUCCESSOR
IN INTEREST TO PNC MORTGAGE CORP. OF
AMERICA,
PLAINTIFF
Vs.
TRACY L. CLEMENTS
WILLIAM L. CLEMENTS,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 03-5396 CIVIL TERM
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for said Commonwealth and County,
LEON P. HALLER, ESQUIRE xvho 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 m~d subscribed
before me this / <y
of d?a 20
NOTARIAL SEAL
MARYLAND K. FERRE'I~I, Notar7 put~t¢
Lower Paxton Twp., Dauphin Coun~
My Commission Expires Aug. 8, 2006
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-5396 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 PNC CORP OF AMERICA Plaintiff (s)
From TRACY L. AND WILLIAM L. CLEMENTS, 216 YORK ROAD, CARLISLE PA 17013.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 216 YORK ROAD, CARLISLE PA 17013 (SEE LEGAL
DESCRIPTION).
(2) You are also directed to attach the prnperty 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.
AmountDue $100,079.00 L.L. $.50
Interest PER DIEM OF $20.84 TO 3/3/04 = $2,500.80
Atty's Comm % Due Prothy 1.00
Atty Paid $129.45 Other Costs LATE CHARGES $34.44 per month
to 3/3/04 = $103.32: ESCROW DEFICIT = $2,000.00
Plaintiff Paid
Date: DECEMBER 3, 2003
(Seal)
REQUESTING PARTY:
Name LEON P. HALLER, ESQ.
Address: 1719 N. FRONT ST.
HARISBURG PA 17101
Attorney for: PLAINTIFF
Telephone: (717) 234-4178
Supreme Court ID No. 15700
CURTIS R. LONG
Prot O a
WASHINGTON MUTUAL BANK, FA SUCCESSOR
IN INTEREST TO PNC MORTGAGE CORP. OF
AMERICA,
PLAINTIFF
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 03-5396 CIVIL TERM
TRACY L. CLEMENTS
WILLIAM L. CLEMENTS,
DEFENDANT(S)
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
The Plaintiff in 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 216 YORK ROAD, CARLISLE, PENNSYLVANIA 17012:
1. Name and address of the Owner(s) or Reputed Owner(s):
TRACY L. CLEMENTS
216 YORK ROAD
CARLISLE, PA 17013
WILLIAM L. CLEMENTS
216 YORK ROAD
CARLISLE, PA 17013
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 and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
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
(ln the preceding information, where addresses could not be reasonably ascertained, the san~e 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 m/~e subject to the
penalties of 18 PA C.S. Section 4904 relating to unswom falsification to au~,.,/,/
etlon 1~. Haller PA I.D. #15700
Purcell, Krug &Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE:December 2, 2003
WASHINGTON MUTUAL BANK, FA SUCCESSOR
IN INTEREST TO PNC MORTGAGE CORP. OF
AMERICA,
PLAINTIFF
VS.
TRACY L. CLEMENTS
WILLIAM L. CLEMENTS,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 03-5396 CIVIL TERM
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, March 03, 2004
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pem~sylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting
of a statement of the measured boundaries of the property, together with a brief mention of the buildings
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
216 YORK ROAD
CARLISLE, PENNSYLVANIA 17012
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth m~d Cotmty to:
No. 03-5396 CIVIL TERM
JUDGMENT AMOUNT $100,079.00
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
TRACY L. CLEMENTS and WILLIAM L. CLEMENTS
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govenuuental 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 (i 0) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer can advise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cun~berlmxd County Bar Association
2 Liberty Avenue
Carlisle, Pe~msylvania 17013
71%249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You nlay file a petition with the Court of Common Pleas of the within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you.
2. After the 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 price or for other proper cause. This petition
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of the within County. The petition must be served on
the attorney for the creditor or on the creditor before presentation to the court and a proposed order or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Achninistrator's
Office - Civil Division, of the within County Courthouse, before a. presentation of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN tract of land with the improvements thereon
erected, situate in South Middletown Township, Cumberland County,
Pennsylvania, bounded and described pursuant to a survey by
Thomas A. Neff, dated April 5, 1995, and filed in the office of
the Recorder of Deeds in and for Cumberland County in Plan Book
69, Page 128, as follows:
BEGINNING at an iron pin in the legal right-of-way of York Road
(S.R. 74) and along property now or formerly of Robert and Betty
Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00
feet to an iron pin; thence along Lot No. 3 of the aforementioned
Plan, North 53 degrees, 00 minutes, 00 seconds, West, 50 feet to
an iron pin; thence along Lot Number 1 of the aforementioned
Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.00 feet
to an iron pin at the Corner of Lot No. 1 of the aforementioned
Plan and York Road (S.R. 74); thence along the right of way of
York Road (S.R. 74) South 53 degrees, 00 minutes, 00 seconds,
East, 50.00 feet to an iron pin, the place of BEGINNING.
BEING Lot Number 2 of the Plan of Lots of Ronald and Barbara Lebo
as recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Plan Book 69, Page 128. Being improved with
a dwelling known as 216 York Road.
CONTAINING 0.17 acres more or less.
HAVING THEREON ERECTED A DWELLING KNOWN AS 216 YORK ROAD, CARLISLE,
PENNSYLVANIA 17012
BEING THE SAME PREMISES WHICH Ronald L. W. Lebo and Barbara J. Lebo by deed dated 8/15/96
and recorded in Deed Book 144, Page 441, granted and conveyed tmto Willian~ L. Clements and Tracy L.
Clements.
TO BE SOLD AS THE PROPERTY OF TRACY L. CLEMENTS AND WILLIAM L. CLEMENTS ON
JUDGMENT NO. 03-5396.
ASSESSMENT NO. 40-22-0487-120
Washington Mutual Bank, FA, In the Court of Common Pleas of
Successor in Interest to PNC Cumberland County, Pennsylvania
Mortgage Corp. of America Writ No. 2003-5396 Civil Term
VS
Tracy L. Clements and William L. Clements
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Leon Hailer.
Sherif?s Costs:
Docketing 30.00
Poundage 2.49
Advertising 15.00
Mileage 3.45
Levy 15.00
Surcharge 30.00
Law Library .50
Prothonotary 1.00
Share of Bills 29.32
$126.76 paid by attorney
01/13/04
Sworn and subscribed to before me
Prothonotary
So Answers:
R. Thomas Kline, Sheriff
Real Estffte Deputy
WASHINGTON MUTUAL BA/~K, FA
SUCCESSOR IN INTEREST TO PNC
MORTGAGE CORP. OF AMERICA,
Plaintiff
VS.
TRACY L. CLEMENTS
WILLIAM L. CLEMENTS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAw
NO. 03-5396 Civil term
IN MORTGAGE FORECLOSURE
P RA E C I P E
TO THE PROTHONOTARY:
Please mark the judgment entered against the Defendant satisfied
of record, because the mortgage has been reinstated and the default
cured.
DATE: March 18, 2004
PURCELL, ~ & HALLER
Leon P. ~ller ID #15700
Attorney ~for Plaintiff
1719 North Front Street
Harrisburg, PA 17102