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HomeMy WebLinkAbout03-5729 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GoLDBECK, JR. ATTORNEY 1.0. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER. 701~ARKETSTREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 OF CUMBERLAND COUNTY CNIL ACTION - LAW Plain(iff ACTION OF MORTGAGE FORECLOSURE vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Real Owner(s) Defendant(s) Term No. 01 - S?2.f C!...;(.)~l ~€A..r1 CIVIL ACTION: MORTGAGE FORECLOSURE 305 Raymon Ave Boiling Springs, P A 17007 TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally orby attorney and filing in writing with the cowt yourdcfenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint offor any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU wrm INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO lURE A LAWYER, TInS OFFICE MAYBE ABLE TO PROVIDE YOU WITH lNFORMATION ABOUT AGENCIES TIlA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 A.Yll.Q LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEIAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ~STE PAPEL A SU ABOGADO ENSEGUlDA. SI USTED NO nENE UN ABOGADO, VA Y A 0 LLAME POR TEL~FONO LA OFICINA FIJADA AQUI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGAOO, ~STA OFlCINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, 505 City Parkway West, Suite 100 Orange, CA 92868. 2. The name(s) and address(es) of the Defendant(s) is/are CHERYL A. MORRISON, 305 Raymon Ave, Boiling Springs, PA 17007 and DONALD F. MORRISON, 305 RaymonAve, Boiling Springs, PA 17007, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On March 23, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland Couoty as Book 1683 Page 234. The mortgage has not been assigned uoless said assigruoent to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE by Assigruoent of Mortgage, which assigruoent is lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due Juoe 01, 2003, and each month thereafter are due and uopaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and an interest due thereon are collectible forthwith. 6. The following arnouots are due on the mortgage: Principal Balance Interest from 05/01/2003 through 10/31/2003 at 12.9000% Per Diem interest rate at $36.13 Attorney's Fee at 5.0% of Principal Balance Late Charges from 06/01/2003 to 10/31/2003 Monthly late charge arnouot at $55.74 Costs of suit and Title Search $100,826.01 $6,647.92 $5,041.30 $809.36 Escrow Prepayment penalty NSF charges Fees Expenses Property inspection $900.00 $114,224.59 +$1,142.00 +$6,495.15 +$100.00 +$39.50 +$102.00 +$31.50 $122,134.74 7. 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 based on work actually performed. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the . Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Couoseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $122, 134.74, together with interest at the rate of$36.13, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: ~~ RTY & McKEEVER By: JOSEPH A. OLDB CK, JR., ESQUIRE ATTORNEY FO PLAINTIFF VERIFICATION I, Steve Whitaker, as the representative of the Plaintiff corporation within narned do hereby verify that I arn authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 10 - 'V71f/ ." / --;7-;;:;J//- L/ 6~ -:z:: ~ -. eve Whitaker AMERIQUEST MORTGAGE COMPANY TAX PARCEL NO. 40-28-2100-046 ALL THAT CERTAIN tract and parcel of landJ together with the improvements located thereon, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the corner of Rayman Avenue and the land now or formerly of Ira W. Miller; thence along the land of said Ira W. Miller, North 78 degrees 29 minutes 50 seconds East 172.36 feet to a pointt a corner of Lot No.3 on the hereinafter mentioned Plan of Lots; thence along said Lot No. 30, South 20 degrees 44 minutes 10 seconds East 116.83 feet to a point, a corner of Lot No. 24 on the hereinafter mentioned Plan of Lotsj thence along said Lot No. 24, South 78 degrees 29 minutes so seconds West 189.08 feet to a point in the Eastern side of said Rayman Avenuej thence along the Eastern side of the said Rayman Avenue, North 12 degrees 30 minutes West 118.61 feet to a point, the place of BEGINNING. BEING Lot No. 23 on the Plan of Lots of Mrs. Ellen E. Shughart Miller, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a brick and aluminum ranch type dwelling house. ~ J w_.~ 7182 b389 30bO 0285 1b18 ,00 ~~ AMERI~UFSr ~.. .:!1:9,~~, .~9~ P.O. tin 11100 s.... An.. CA 91711-1010 August 04. 2003 DONALD F MORRISON CHERYL A MORRISON 305 RAYMON AVE BOILING SPRINGS. PA 17007 .51 NMC EXHIBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: Property Address: Original Lender: CurretII Lender/Servicer: 0020277893 305 RAYMON AVE, BOILING SPRINGS PA.17007 Amerique.. Mortgage Company Amerique" Mortgage Company TIDS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AITEMPT TO COLLECT THJ: INDEBTEDNESS REFJ:RRJ:D TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TBA T PURPOSE. IF YOU HA VI: PREVIOUSLY RECEIVJ:D A DISCHARGE IN BANKRUPTCY, THIS CORRJ:SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. TIli. i. .. oIftclol .otic. thu th. mo........ your hOlll. i. iD del..... ..d th. leader iDleDd. to roreclo... s....m. bar_.dUD .bout th. ....re or th. delaah i. pl'OTided iD th. .tta....d P..'L Th. HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (llJ:MAP) m.y b. .ble to h..p to .."" yo.. hom.. T..i. N oti.. .I11I.i.. how th. p.......... ..orks. To ... ir REMAP ... ...Ip. YOU ..u.t MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Toke tbi. Notice with YOU ..h... you m.....ith th. co....n.. A....ey. Th. ...... .dd..... ..d pho.. umber or C....m.r Credit Cou...liD. A_d.. ..ni.. your Cou.tv are n.t.d at th....d or this Nod... Ir you h.v. ..y quemo.., you ..ay ..11 th. Peu.ylv..i. Hou.i.. Fin.... ARe..y toll r.....t 1-800-;U1-:zJ97.(P.no.. with imp.ired h.ariD.... eall (717) 780-1869). TIIil Notiee e._taia. importot legal iaformatioD. If yoo. have uy questio.., repretellt.dves at the CODlOmer Cr.dit Cou."liDl A.....y ".Y h. .bI. to h.lp explain it. You ".Y .Iso ....t to .o.t..t.. .ttora.y iD your .reL Th. 10001 b.r ......i.tio. ".y b. .bl. to ....p you fl.d . I...y.r. LA NOTlFlCACION EN AD.JUNTO ES DE SUMA IMPORTANCIA, PUES AJlECTA SU DERECHO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTlFlCACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO PAACTOIIICI'I12-02 AllllIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU B1POTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE JIOR 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 REQIDREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act. you are enIitIed to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time yon mnst arrange and attend a face-to-face meeting with one of the consnmer credit connseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (341) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MIlST I!RING YOUR MORTGAGE UP TO DATE. THE PART QF.'!1!IS NOJIkJ;; C~l-JlQ'HOW TO CURE YOUR MQII.TGAOE DEFAUI- T' ExPI.AINS HQW.TO BRING YOUR fyfORTQ~G:IH1PTO PATE CONSUMER CREDIT COUNSELING AGENCII!:S -- If you lI1Cet ....;th. oneot"tlle.collSDlDer credit counseling a~DCV listed at the end ofthis ootice, the lender may NOT take action lIl!ainst von for thirtv (30) davs after the date of~ m~The__es.J!dd!;es~sand telephone numbers of desi~ consumer credit counseliJl&~cies for the county in which the property is locate!!.lIleself011lt.lltl1!e ~d oft!1j~N!!lic::e. It is only necessary to schednIe one face-ta-face meeting. Advise yonr lender immediatelv ofyonr intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a defanIt for the reasons set forth later in this Nolice (see following JlIlges for specific information abont the nature ofyonr default.) If yon have tried and are unable to resolve this problem with the lender. yon have the right to apply for f"mancial assistance from the Homeowner's Emergency Mortgage Assistance Prognun. To do so. yon mnst fill ont, 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 yon in submitting a complete application to the Peonsylvania Housing Fioance Agency. Your application MUST be filed or postmarked within thirty (30) days ofyonr face-la-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, JIORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Ageucy under the eligibility criteria established by the Act. The Peonsylvania Honsing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time. no foreclosure proceedings will be pursued against you if yon have met the time requirements set forth above. Yon will be notified directly by the Peonsylvania Honsing Finance Agency of its decision on yonr application. ,,.,,o;r21PfCl'lr-O' August 04.2003 Loan Number: 0020277893 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 .....~J1~<Y'you eaa IIliII apply for Em"-"I!""gM..rt,al!"_A.osistane..) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin. it np to date). Jl!A'I'!JM Q~IHE DIl!'AUL T -The MORTGAGE debt by the above lender on your property locted at: at 305 RAYMON AVE. BOILING SPRINGS, PA 17007 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 06/01103 thru 08/01103 at $1 I 14.89 per mouth Mouthly Payments pIns late charge or other fees: $4220.75 Total Amonnt to Care Default: $4220.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do aot use ihot applicahle): N/A 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 $4220.75 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 cheet. certified check or money order made navable and sent to: Ameriquest Mortgage Company 505 City Parkway West, Suite 11100 Orange. CA 92868-2912 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: ~o not_~ if not aD1>licable.) NiA IF YOU DO NOT CURE THE DEFAUL T--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, thJ!J!o!l*r.!a*,l!d~ to eurcise it. ript. to aecelerate the mort...e de!!t, 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 inslruct its attorneys to start legal action to fo....looe UPH your mOrl1la.ed pl"!P.m. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff 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 the reasoaable attorney's fees that were actually incurred, up to $50.00. However. if legal proceedings are started against you. you will have to pay all reasouable 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 reasouable costs. If yon cure the default within t~TlIIRTY (JII}DA Y period, yon:!l"illlSotbereqairell to pay attorney'. f.... OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and aD other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the defauk within the THIRTY (30) DAY period and foreclosure proceedings have begun, yon still have the rig)U to cure the defaub and prevent the sa!e..at. any. time up to oue hour befc>!e.lI!e~h~s Sale. You may do so by pa.Y!aAlhe.l.ota1 amount then past due, plus any late or other charges then due, reasouable attorney's fees and cos.. connected with the foreclosure sale and anv other costs connected with the Sherifi's Sale as sneeified in writinlt by the lender and by '^""l'Illft:p"-1n perfQmUJ!g ll!!Y_otheu~gjrell!~ltl!!!deLthe !!lor\gJ!ge. Curing your def...lt in tho m......r set fortb in tbi. notioo ...ill restore your mortpllo to tho .ame po.ition a. if you bad nover lIefanlted. EARLIEST POSSIBLE SIIJI:IUIIF'S SALE DATE - It is estimated that the earliest dale that sncb a Sberill's Sale of the mortgaged property conId be held wonId be approximately (6) MONTHS from the date oHbis Notice. A notice oftbe ac:tual date of the Sheriffs Sale will be sent to yon before the sale. Of course. the amoont needed to CDre the defanIt will increase the longer you wBit You may find ont at any time exactly what the required payment or action will be by contac:ting the lender. HOW TO CONTACT THE LENDER: Ameriqnest Mortlla.o Comp...y 505 City pa.......ay West, Snile 11100 Oro.., CA 91868-1911 Phone Nnmbor 800-430-5161 . 5811 Fu Numbor 714134-3677 EFFECT OF SHERIFF'S SALE - Yon should realize that a Sherift's Sale will end yow ownership of the mortgaged property and yonr right to OCCDpy it. If yon continue to live in the property after the Sheri1l's Sale. a lawsnit to remove you and YODI furnishings and other belongings conId be started by the lender at any time. ASSUMPTION OF MORTGAGE -- Yon _ may or ~ may not (CHECK ONE) seD or transfer yoDI home to a buyer or transferee wbo will assume the mortgage debt. provided that all the outstanding payments. charges and attomey's fees and costs are paid prior to or at the sale and that the other reqnirements of the mortgage are satisfied. YOU 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 DEPAUL THAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGm TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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 ARE ATTACHED Vel}' Truly Yonrs, Ameriqnest Mortgage Company Cc: Ameriqnest Mortgage Company AUn: Collections Department Loan Number: 0020277893 Mailed by 1st Cia.. Mall od by Certified Mail ERlOJ~"'eFI3.03 Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg. PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N 6tb Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PAl 71 04 (717) 232-9757 FAX (717) 234-2227 AQPOolIl,"CP!r.-OI Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PAl 7325 (717) 334-1518 FAX (717) 334-8326 t;::.J ~ 'ifJ. ~ ~ ~ ~ ~ l-) f! ~ - ~ --.... - C'"J '-:! v:.' C. <; ......il,_,. ~1~~_, ~~). ~~"_.' ~~~~:'l -... ""-', =2 c:> r"~) --4 ;..j (") -Ti :_,) :::> c:> cfA . ) :~.-t -'-.... ~\J "< . l-~ , ..\() -., B SHERIFF'S RETURN - REGULAR CASE NO: 2003-05729 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS MORRISON CHERYL A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORRISON CHERYL A the DEFENDANT , at 1059:00 HOURS, on the 7th day of November, 2003 at 305 RAYMON AVE BOILING SPRINGS, PA 17007 by handing to DONALD F MORRISON, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.14 .00 10.00 .00 32.14 r;. ./'") ~~/ - '-/,!~. ~ ~ ,~...o~' . .......~~"-,,"'....,....: ::":::'4~ j R. Thomas Kline 11/10/2003 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: P7?~' Deputy S~ me this /,/f!;: day of ~.:Lo03 A.D. ~\ . ( .Y4u.- Q.. )11_d~d.fl4:. V Iprothonotary'-/-7 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05729 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS MORRISON CHERYL A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORRISON DONALD F the DEFENDANT , at 1059:00 HOURS, on the 7th day of November, 2003 at 305 RAYMON AVE BOILING SPRINGS, PA 17007 by handing to DONALD F MORRISON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~~./~l -r~" '.. ~,;-~"' ,"'~~~~ ... ..'~ .~,....~:..;;...!~_.,-.~ R. Thomas Kline 11/10/2003 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: o~~. Deputy S~ me this /'1 ~ day of ~~-.:) A.D. . "\ LJu-, . (2 1h~ "ff / Prothonotary . GOLDBECK McCAFFERTY & McKEEVER By: MICHAEL T. MCKEEVER, ESQ. AITORNEY J.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 A ITORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW Ys. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor and Record Owner) 305 RaymonAve Boiling Springs, P A 17007 No. 03-5729 Defendant( s) PRAECIPE TO REINSTATE COMPLAINT AND ADD DEFENDANT Kindly reinstate the Complaint in mortgage Foreclosure and add to the docket the UNITED STATES OF AMERICA Defendant, pursuant to Pa.R.C.P. 401 (b) (2). Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER By: ~/ ,/- y' /' /./. A/l /~;..,,, /. ./', ,t?'" / /'. C<"'.c.',~ Mic ael T. McKeever, Esquire Att mey for Plaintiff ~. 0 ~ "" ;;iiI ::;:l i~ n ~~ ~ Ke I {5 .." ::C=+I ~8 ::E O~ 7 :i>~ ca sa N ~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff J ./ \ WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 / IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION LAW CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor(s) and Record owner(s)) 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE No. 03-5729 Defendant( s) THE UNITED STATES OF AMERICA ORDER FOR JUDGMENT Please enter Judgment in favor of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, and against CHERYL A. MORRISON and DONALD F. MORRISON for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of$124,124.98. Joseph A. Go Attorney for Ph i 1 f I hereby certify that the above names are correct and that the prec~e res ence address of the judgment creditor is WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 and that the name(s) and last known addressees) of the Defendant(s) is/are CHERYL A. MORRISON, 305 Raymon Ave Boiling Springs, PA 17007 and DONALD F. MORRISON, 305 Raymon Ave Boiling Springs, PA 17007: \j~.: GOLDBEC;~ :'cCAFFERTY & McKEEVER BY: Joseph A oldbeck, Jr. Attomey fort"intiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 05/01/2003 through 12/22/2003 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Escrow Prepayment Penalty NSF Charges Fees Expenses Property Inspection AND NOW, this"?/" +'daYOfG~ $100,826.01 $8,526.68 $5,041.30 $920.84 $900.00 $1,142.00 $6,495.15 $ 100.00 $39.50 $102.00 $31.50 $124,124.98 GOLDBECK Ci ~ BY: Joseph A. Go d. Attorney for P1ain\ \ Y & McKEEVER , 2003 damages are assessed as above. ,~~-b'J ~.;;d~ ~ cr VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation wi thin named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Mili tary Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CHERYL A. MORRISON, is about unknown years of age, that Defendant's last known residence is 305 Raymon Ave, Boiling Springs, PA 17007, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise wi thin the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Mili tary Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, DONALD F. MORRISON, is about unknown years of age, that Defendant's last known residence is 305 Raymon Ave, Boiling Springs, PA 17007, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: In the Court of Common Pleas of Cumberland County WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange. CA 92868 Plaintiff vs. CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor(s) and Record Owner(s)) 305 Raymon Ave Boiling Springs, P A 17007 No. 03-5729 Defendant( s) THE UNITED STATES OF AMERICA PRAECIPE FOR JUDGMENT 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. Enter the Judgment in favor of Plaintiff and against CHERYL A. MORRISON and DONALD F. MORRISON and THE UNITED STATES OF AMERICA by default for want of an Answer. Assess damages as follows: $124,124.98 Debt Interest - 05/01/2003 to 12/22/2003 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurrei\d~~ I t ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 \"" Joseph ^ · Attorne~ ' J.D. #16 ck, Jr. . tiff AND NOW , , u gment is entered in favor ofWM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE and against CHERYL A. M SON and DONALD F. MORRISON and THE UNITED STATES OF AMERICA by default for want of an Answer and damages assessed in the sum of$124.124.98 as per the above certification. Prothonotary 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. DATE OF THIS NOTICE: December 3, 2003 TO: DONALD F. MORRISON 305 RaymonAve Boiling Springs, P A 17007 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 In the Court of Common Pleas of Cumberland County Plaintiff CNIL ACTION - LAW vs. Action of Mortgage Foreclosure UNITED STATES OF AMERICA CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor( s) and Record Owner( s)) 305 Raymon Ave Boiling Springs, P A 17007 Term No. 03-5729 THEUMTED STATES OF AMERICA Defendant(s) TO: DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 TMPORTANT NOTTeR 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 TillS 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: LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERlAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 GOLDBECK McCAFFERTY & McKEEVER BY Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 70 I Market Street Philade1phia,PA 19106 215-627-1322 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. DATE OF THIS NOTICE: December 3, 2003 TO: CHERYL A. MORRISON 305 RaymonAve Boiling Springs, P A 17007 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 In the Court of Common Pleas of Cumberland County Plaln(iff CNIL ACTION - LAW vs. Action of Mortgage Foreclosure UNITEDSTATESOFAMEroCA CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor( s) and Record Owner( s)) 305 Raymon Ave Boiling Springs, P A 17007 Term No. 03-5729 THE UNITED STATES OF AMEroCA Defendant(s) TO: CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 IMPORT ANT NOTJrF. 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 MAYBE 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: LEGAL SERVICES lNC 8 bvine Row Carlisle,PA 17013 717-243-9400 CUMBERlAND COUNTY BAR ASSOCIATION 2 Uberty Avenue Carlisle,PA 17013 GOLDBECK MeCAFFERTY & MeKEEVER BY: Ioseph A. Goldbeck. Ir., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627~1322 Rule o(Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff No. 03-5729 vs. CHERYL A. MORRISON DONALD F. MORRISON (Mortgagors and Record Owner(s)) 305 Rayman Ave Boiling Springs, P A 17007 Defendant( s) THE UNITED STATES OF AMERICA 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. NOTICE Notice is given that a judgment in the above-captioned. matter has been entered against you. Curt Long Prothonotary ~nJ1J .P7J(~ Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. I II S. Independence Mall East Philadelphia, PA 19106 215-627-1322 70 (::J -4 ~ (:J -Cg. (") ......, -a i ~, 0 t 'l :-.a c..:... -Tl , l ~ c ~- ::::I () r'~1 [11 :TI () ('; r ....... 0 r'~) ::= ~!~ - ~ - I'.,j r "'Q p:J l>" ,~j(L, J:: - -l.-' V1 ~ :'..... ,',- -'. \Y ; s :-;~; \' j ~ - -'.' ..0 nl ~ W ~ ~ '.~.-i C3 ~ Itf --....c:. -.... ~ 1"<1 - ~c ~< '-D p:: ~- ............. GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE Attorney 1.0.#56129 Suite 5000 . Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW v. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON DONALD F. MORRISON Term No. 03-5729 AND UNITED STATES OF AMERICA Defendants STIPULATION It is hereby stipulated and agreed by and between WM SPECIAL TV MORTGAGE LLC, WITHOUT RECOURSE, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiff's Complaint is owned by the defendants, CHERYL A. MORRISON and DONALD F. MORRISON. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendants, CHERYL A. MORRISON and DONALD F. MORRISON. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. !j2410 et sea. 4. The United States of America hereby accepts service of the complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant. 5. The United States of America has one tax lien against the property which are subject to the action of mortgage foreclosure, U.S. Department of the Treasury-#2001-02064, totaling $10,593.81 , both entered in the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in time to the Plaintiff's mortgage set forth in paragraph three (3) of plaintiff's Complaint. 7. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, P.O. box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant. United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. Dated: November 18, 2003 By hdwe r.Avbtlt~ vMichael T. McKeever, Esquire Attorney for Plaintiff Dated: I J--l/ I ()~ THOMAS A. MARINO United States Attorney BY: Gl-e. ~/ ~ Dennis Pfanne chmidt Assistant U.S. torney Attorney for United States of America ("" ~, C:"'J c:::; ,-^-' C) -I: -., fT~~ _n1T1 C) ~, >;~.; ~~) f" C' ,-.;) r--;- SHERIFF'S RETURN - REGULAR CASE NO: 2003-05729 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS MORRISON CHERYL A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORRISON CHERYL A the DEFENDANT , at 1059:00 HOURS, on the 7th day of November, 2003 at 305 RAYMON AVE BOILING SPRINGS, PA 17007 by handing to DONALD F MORRISON, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.14 .00 10.00 .00 32.14 /-C/ r~;;;:.>,>-;,~,... .~~ ' .- '~/ ' R. Thomas Kline 11/10/2003 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: p~~' Deputy S~ me this /'115: day of ~ 200.3 A.D. (~ (2 )yW.b..,~ -: . V Iprothonotary' ~7 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05729 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS MORRISON CHERYL A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORRISON DONALD F the DEFENDANT , at 1059:00 HOURS, on the 7th day of November, 2003 at 305 RAYMON AVE BOILING SPRINGS, PA 17007 by handing to DONALD F MORRISON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ./' ~t:,,~.F "' 1" . ""--.~ ',:( A''#.,,,,\~-C...''P~p R. Thomas Kline 11/10/2003 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: o~~. Deputy S~ /'1 ~ day of me this ~ 2or.J--3 A.D. CL.u.Olh~ ~ / PTothonotary , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jf. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION ~ LAW CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE No. 03-5729 Defendant( s) THE UNITED STATES OF AMERICA PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $124.124.98 Interest from 05/01/2003 to 12/22/2003 at 12.9000% (Costs to be added) ... " ;. - ~ ~ 00 ~ f-o 9 ~:gw'-O :> .:itt: ~C:O~:S 0 f-o =-:":2I"'N ~ :r: ~ :;> ci.~ 00 u~ 00 - N f-o "" ';:;' ~!3"-<,,, '" ~ '" " ~ .~ .e-o~~'"7 ..;l t:z(j) 8 ><: ... .g.p: .. P=l Q) ~ (-- I'< '" 0 ~ 0 '" ~ - ... (l,l cu "O.~ N ~ U Sr.t:lo(j)S: ",.5i o 0 it:..c:p...o1.O 0 ::J "'~'E~-< o ij O<H C'I: f-1 8...fhA .:>, U I <l) <1)..- "'~ ... -< E ~~ ~o8!:~~ Eo< 0 VO"O"ON ~'" " 0 00 ~'" .<: 0 ~Ot:l..:s o:2l~ ~gf ~~ V) I-< ..... ;::!O o~ ~: .:allQ)r.r.i~ E"i U 00 :21 ..; ] ,;:lll " - ;. 0 ~ '3::: ~o ~t >-, ""'''' ~O~ '" """'- f-ooO OU ~ rJ'J'" Oil '" 0 8 :21~ ....:l 1:;'0 t:l i!2 >-ZOr<l:.=: ",6 :>< ~ OJ) ..... :;> ~8 gl, ~ I'< ~ - 0 :r: t; u u U 0 ~ '" 6 == &l Eo< "" ~ '" :21 ~ --., ''.J O..J U..J [2't~ ",L~ '-L._..'__ (-'1-- I'CJ \-,~.J i:::Jl;::: N LLJ G_ r:dtu <-., u..~ '-'-i -. Q 'J_ ~, c::.:;, ~=) C) c.-.:> Cl '" ~': ~J~ o ~ <J _ <..n "" ~rI) ... ... ... , ... , J , . , ~ - : , ... \) ... , , ... \) I , I \J 1., 'loa -::, .......:. 'fi. J a 0'14 "- 'l5,.. 0 ~ ~o:.r) , lJJ ~ -...9 tI} ~ -... J -... ~ c-.. ~ V) ~ ...... --- c:-- \J 0- ~ -... It.:# ~c:!. I if -t '~ 8 ~ ~ j TAX PARCEL NO. 40-28-2100-046 ALL THAT CERTAIN tract and parcel of land I together with the improvements located thereon, situate in South Middleton Township, Cumberland County, pennsylvania, bounded and described as follows: BEGINNING at a point at the corner of Rayman Avenue and the land now or formerly of Ira W. Miller; thence along the land of said Ira W. Miller, North 78 degrees 29 minutes 50 seconds East 172.36 feet to a point, a corner of Lot No.3 on the hereinafter mentioned Plan of Lots; thence along said Lot No. 30, South 20 degrees 44 minutes 10 seconds Bast 116.83 feet to a point, a corner of Lot No. 24 on the hereinafter mentioned Plan of Lotsj thence along said Lot No. 24, South 78 degrees 29 minutes 50 seconds West 189.08 feet to a point in the Eastern side of said Rayman Avenue; thence along the Eastern side of the said Rayman Avenue, North 12 degrees 30 minutes West 11B.61 feet to a point. the place of BEGINNING. BEING Lot No. 23 on the Plan of Lots of Mrs. Ellen E. Shughart Miller, as recorded in the Office of the Recorder of Deeds for cumberland County in Plan Book 18, Page 75i and being improved with a brick and aluminum ranch type dwelling house. ~ ~ooklG8j~~t\~ f~OO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff(s) From CHERYL A. MORRISON, DONALD F. MORRISON, AND THE UNITED STATES OF AMERICA (I) 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 GARNlSHEE(S) as follows: and to notify the gamishee(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) Ifproperty 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 $124,124.98 L.L. $.50 Interest FROM 5/1/03 TO 12/22/03 AT 12.9000% Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $139.14 Plaintiff Paid Date: DECEMBER 26, 2003 CURTIS R. LONG (Seal) --- Prothono~ p 7n By ./(;? 12-;."., . . , {~T' V-- Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQillRE Address: SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Sui\~ 500 - The Bourse Bldg. . III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff Ys. CIVIL ACTION - LAW CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor(s) and Record Owner(s)) 305 Raymon Ave Boiling Springs, PAl 7007 ACTION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-5729 THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 305 Rayman Ave Boiling Springs, P A 17007 I.N ame and address of Owner( s) or Reputed Owner( s): CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 2. Name and address ofDefendant(s) in the judgment: CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: U.S. DEPT. OF THE TREASURY PITTSBURGH OFFICE, ROOM 808 1000 LIBERTY AVENUE PITTSBURGH. PA 15222-9974 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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/OCCUPANTS 305 Rayman Ave Boiling Springs, P A 17007 (attach separate sheet if more space is needed) I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation 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. DATED: December 22. 2003 \~\ GOLDBECK Me 10, RTY & McKEEVER BY: Joseph A. Go ccle, Jr., Esq. Attorney for PlaiAt ff ' ~ :-> "'> 0~ '-" .Q ~' t'\,) c) 0,. ::,.. c) r,'1 C. ~-;I --I -''' 6i;2 -,";!n .:-IC' .~~~. ~.'2 5::;J . () "-,:'n 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Raymon Ave Boiling Springs, PAl 7007 THEUNITTEDSTATESOFAME~CA Term No. 03-5729 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON, CHERYL A. CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 Your house at 305 Raymon Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$968,266.30 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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: I. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-5729 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 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 the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will he 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 schedule of distribution is filed. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 "" C;:'J ,:~'.) ~ r~ r:-:: (-. f"~) (}) :~:: --4 rii~n r--- I"n CJ (~) :':2~ -c! ~ ! i c:- - . , - 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Rayman Ave Boiling Springs, PAl 7007 THE UNITED STATES OF AMERICA Term No. 03-5729 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON. DONALD F. DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 Your house at 305 Raymon Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriff's Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $968,266.30 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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: I. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 03-5729 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. Yau 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 med by the Sheriffthirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distrihution is wrong) are med with the Sheriff within ten (10) days after the schedule of distrihution is med. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 t-., ?~? ....., = (" " '" (y\ () -1: ~~f!~ :-'::8 ~~~c) - ,..~ .,-, ';J2 .-,.-, -en ...,....~. c;::. f'.]' 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. AttomeyI.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Raymon Ave Boiling Springs, P A 17007 THEUNITEDSTATESOFAME~CA Term No. 03-5729 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Your house at 305 Raymon Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriff's Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $968,266.30 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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: I. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-5729 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Conrt to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Yau 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 below 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 NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to tbe highest bidder. You may find out the price bid price by calling the Sheriff 0017-240-6390. 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 ofyaur 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 the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 n ,'.'. .-:> = I~':) Lu o P"l C) N 0\ c; -n :..-::i fl'i~ .-::JC~: c'T ~:~s; ::::-- ) C", f"--_' WM Specialty Mortgage LLC, without Recourse VS Cheryl A. Morrison and Donald F. Morrison In The Court of Common Pleas of Cumberland Couoty, Pennsylvania Writ No. 2003-5729 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Levy Mileage Surcharge Postpone Sale Law Journal Patriot News Share of Bills 30.00 144.62 15.00 15.00 .50 1.00 15.00 8.28 30.00 20.00 237.50 251.74 29.26 $797.90 Sworn and subscribed to before me ~An~rs: />CO ~ r"~- :...t:#___ This ~ ~ay of - ['/ R. Thomas Kline, Sheriff 2004, A.D. I.... ;~J. - () fluitt,", ~' BY l)odu J'wd!; Prothonotary Real istate Deputy \.SO e.k. '1(.. ~(,.)..J ~ IS'ltfo9 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERI"AND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT NO 03-5729 Civil CIVIL ACTION - LAW RECOURSE, PIaintiff(s) From CHERYL A. MORRISON, DONALD F. MORRISON, AND THE UNITED STATES OF AMERICA (I) 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 attaclunent 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) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,124.98 L.L. $.50 Interest FROM 5/1/03 TO 12/22/03 AT 12.9000% Atty Paid $139.14 Due Prothy $1.00 Other Costs Atty's Comrn % Plaintiff Paid Date: DECEMBER 26, 2003 (Seal) CURTIS R. LONG Prothonot>> p ~ ~.4a,.I. .;' C('".4t:H'rV------ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 - THE BOURSE BLDG. III S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale #37 On March 02, 2004 the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, P A Known and numbered as 305 Raymon Ave., Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 02, 2004 By: J L' oUJ) ~~V1AJh /, Real Estate Deputy .) (",:".., , "'.... ^.. ' j;:i,\' ~ ~ ~ ~ Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for PlaintitT WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County PlaintitT vs. CIVIL ACTION - LAW CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor(s) and Record Owner(s)) 305 Raymon Ave Boiling Springs, PAl 7007 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 03-5729 THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 305 Rayman Ave Boiling Springs, P A 17007 I.Name and address ofOwner(s) or Reputed Owner(s): CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 2. Name and address ofDefendant(s) in the judgment: CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: U.S. DEPT. OF THE TREASURY PITTSBURGH OFFICE, ROOM 808 1000 LIBERTY AVENUE . PITTSBURGH, PA 15222-9974 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Weltare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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/OCCUP ANTS 305 Raymon Ave Boiling Springs, P A 17007 (attach separate sheet ifmore space is needed) I verif'y 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. DATED: December 22, 2003 Q~\ GOLDBECK Me '. RTY & McKEEVER BY: Joseph A. G-J eek, Jr., Esq. Attorney for Plaitf\;, 03-5729 GOLDBECK McCAFFERTY & McKEEVER' BY: Joseph A Goldbeck, Jr. Attorney LD.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia. P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE TN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Rayman Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERICA Term No. 03-5729 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON, CHERYL A. CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 Your house at 305 Raymon Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the courtjudgmel\t of $968,266.30 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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: I. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-5729 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of717-240-6390. 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 the Sheriff of717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 70 13 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jf. Attorney I.D.#16132 Suite 5000- MelIon Independence Center 70 I Market Street Philadelphia. P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Raymon Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERICA Term No. 03-5729 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON, DONALD F. DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 Your house at 305 Raymon Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$968,266.30 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 cancelIed if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay calI: 215-627-1322 03-5729 2. You may be able to stop the sale by filing a petition asking the Conrt to strike or open judgment, if the judgment was improperly entered. Yon 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 below 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 NOT 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 price by calling the Sheriff of 71 7-240-6390. 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 the Sheriffof7l7-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 305 Rayman Ave Boiling Springs, PA 17007 SOLD as the property of CHERYL A. MORRISON and DONALD F. MORRISON TAX PARCEL #40-28-2100-046 ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under I'd 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~ 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 27th day(s) of April and the 4th and 11th day(s) of May 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 dir,llctors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said C un of Daup.hin in 'Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #37 ~-.r;. ., n _.. ~ .' .~ ... W ,,'I t "-'" -....... . .-p~. "." ,"Ii:.,., ,'. '~'lllA'/'..!,...," .-'~ ,. . ...... .r:'l~;;t'.~ln It~ pcti"ll tbO... of """''''-tiLl'',*".~ of 1ft W. Ml1Iir......... tlIoliDd ,Ui.1ii W. , ..". .ft1. .... .A\. . 'BaIl. t..12:36.....III\...... ".' ....'.\tf.iit'. ....... 3 "'IW\!I.' N'.. . I'l'r~. ....... ' ...._14_ C' ..,. ....... __.l:..\1:"~".tt"t,.,.,,. . _lIttot""'Jr...*~__ ""'rllAI;_.....lIlItol,., U. """ "..... 29 ~)) _ lIbl!lr.ar . ..Ol''''''.'''-..ofllll__ ~..... ......... ....ot"" IUf __ _1Wib 12..... J)_ .....,""1 'i!llIo.Apolit;... pIaeo of ~.,,"-":-;;t:'~',;i1 .,.,~.~.,..tbOEI!llolLoltof 1IIn. ;'," , ""', '" ~"-" " . r.: . :....'... .....'.. ..)<.1..... r~~b, ,~ " t=-- '.' li\l!oo,i,."..-lJIle .fIIIIlaI!;Na40-2Ioi1_, 'S~:d"/~~ N:lf~e commission expires June 6, 2006 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 Total $ 251.74 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general edge receipt of the aforesaid notice and publication costs and certifies that the same have By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.l784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the Couoty 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 Couoty 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 Couoty, and that the printed notice or publication attached hereto is exactly the sarne as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 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 ESTATE SALE NO. 37 Writ No. 2003-5729 CM! WM Specialty Mortgage LLC. Without Recourse VB. Cheryl A. Morrtson and Donald F. Morrison Atty.: Joseph Goldbeck ALL THAT CERTAIN tract and parcel of land, together with the improvements located thereon, sttu. ate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the cor- ner of Rayman Avenue and the land now or formerly of Ira W. Miller: thence along the land of said Ira W. Miller, North 78 degrees 29 minutes 50 seconds East 172.36 feet to a point, a comer of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence along Bald Lot No. 30, South ..~<?. de~e_e~ ~~~nutes 10 seconds ~~.Eill - SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 ~(U "..) t.". 0/)'l-'f'L/U NO~~~~SEAL LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County My Commission Expiras March 5, 2005 .,- , ......,~"...z~'^'"..,~_._ '""'''-'''---'''~'';''' -'.. Chery! A. Monl:.'SVl~ a...... Donald F. Morrison Atty.: Joseph Goldbeck ALL THAT CERTAIN tract and parcel of land. together with the improvements located thereon, situ- ate in South Middleton Township. Cumberland County. Pennsylvania. bounded and descnbed as follows: BEGINNING at a poInt at the cor- ner of Rayman Avenue and the land now or formerly of Ira W. Miller: thence along the land of said Ira W. Miller, North 78 degrees 29 minutes 50 seconds Ea.st 172.36 feet to a point, a corner of Lot No. 3 on the hereinafter mentioned Plan of Lots: thence along said Lot No. 30. South 20 degrees 44 minutes 10 seconds East 116.83 feet to a point. a cor~ ner of Lot No. 24 on the hereinafter mentioned Plan of Lots: thence along said Lot No. 24, South 78 degrees 29 minutes 50 seconds West 189.08 feet to a point in the Eastern side of said Raymon Avenue; thence along the Eastern side of the said Raymon Avenue. North 12 degrees 30 min- utes West 118.61 feet to a point. the place of BEGINNING. BEING Lot No. 23 on the Plan of Lots of Mrs. Ellen E. Shughart Mil- ler, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75: and being Improved with a brick and alumInum ranch type dwelling house. TAX PARCEL NO. 40-28-2100- 046. Book 1683. Page 250. .JV .........) ......._ .;;I/u~.J _1., 0#7-lJl 1\.Tw~y ;; NOTARIAL: SEAL LOIS E. SNYDER, Notary Public Cartisle Boro, Cumbertand Count) My CommisSion Expires March 5, 2( WRIT OF EXECUfION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the deb~ interest and costs due WM SPECIALTY MORTGAGE LLC WlmOUT RECOURSE Plalntifl (s) From CHERYL A. MORRISON DONALD F, MORRISON 305 RAYMON AVE. BOILING SPRINGs, PA 17007 UNITED STATES OF AMERICA (I) 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 defcndant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notity the gamishee(s) that (a) an attachment has been issued: (b) the gamishcc(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) Ifproperty 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 notiJy himIher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due 5124,124.98 L.L. Interest FROM 0510112003 TO 1212212003 AT 12,90000/. Atty's Comm % Due Prothy 51.00 Atty Paid 5949.54 Other Costs Plaintiff Paid Date: OCTOBER 25, 2004 (Seal) CURTIS R. LONG Prothonotary By: ~~-~ r ~kJ. 9' J' Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr. Address: Suite 5000 - Mellon Independenee Center 701 Market Street, Philadelphia, PA 19106-1532 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court 10 No. 16132 Joseph A. Goldbeck, Jr. Attorney I.D.1I16]32 Suite 5000 - Mellon Independence Center 70 I Market Slreel Philadelphia, PA 19106-]532 215-627-1322 Altomey for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3 I 80-3183 WM SPECIALlY MORTGAGE llC, WITHOUT RECOURSE 505 City Parkway Wesl Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland Couuty Vll. CHERYl A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(.) 305 Rayman Ave Boiling Springs, P A 17007 CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 03-5729 THE UNITED STATES OF AMERICA Defendant(s) TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above mailer: AmOWll Due Interest from 05/01/2003 10 12/22/2003 01 12.9000% $124,124.98 (Costs to be added) FERTY & McKEEVER deck. Jr. ~ i ~ ..~ ~ ... !~ ~ 'Oi' e M "Cl 'C' .., i~! b on ~ ~ ~.. "'Ii - ~"'CI-J, Z", 0 loll .. 8J~:::l ::E ...I ~~l~~. u.lu.l ""- l!l~ Oe .t-UCI) -~ ~'" ..] u< I ~~u o~ i~ ! ~~~ .;. ~~11.i . g II .."i' ..,"" ~o > ~'ii~;a~ !-o~O OU <~~ ~ ~~ ~~ =' ::E~o~M Ezt~~ o .. ...,.....] >- "" 0 ~ 8. 0 e; 18 ;a U :c ~ Cl:l ""on "" fill U 0 U ~.~ = &l ; ~ :l !-o "" '" ~ '" ~ ~ .-- , ALL THAT CERTAIN tract and parcel of land, together with the improvements located thereon, situate in South Middleton Township, cumberland County, 1'ennsylvania, bounded and described as follows' TAX 1'ARCEL NO. 40_28-2100-046 BEGINNING at a point at the corner of Rayman Avenue and the land now or formerly of Ira W. Miller; thence along the land of said Ira W. Miller, North 78 degrees 29 minutes 50 seconds East 172.36 feet to a point, a corner of Lot No.3 on the hereinafter mentioned plan of Lots; thence along said Lot No. 30, South 20 degreeS 44 minutes 10 seconds East 116.83 feet to a point, a corner of Lot No. 24 on the hereinafter mentioned 1'lan of Lots; thence along ssid Lot No. 24, South 78 degrees 29 minutes 50 seconds West 189.08 feet to a point in the Eastern side of said Raymon Avenue; thence along the Eastern side of the said Rayman Avenue, North 12 degrees 30 minutes West 118.61 feet to a point, the place of BEGINNING. BEING Lot No. 23 on the plan of Lots of Mrs. Ellen E. Shughart Miller. as recorded in the Office of the Recorder of Deeds for cumberland County in 1'lan Book 18. Page 75; and being improved with a brick and aluminum ranch type dwelling house. /"" ~ J \ "- ~ ~~ "-I ~ ~ ~ ~ '-tl ~ l... ~ ~ ~ ,.OO) ..., ~~ ~ C' , . ~ , r: . ~ " .~ ~ & ~~ .l.'. ~ ~ c'.' :._1, , ~ ~ ;", .. , -, , , , ....~:. "" ., " ; t ,. ~ , u: .(."1 p . ~~ ., . . ~ :, .. ~ . ~ I I ol' r...) ~.) OJ -;.. Woo~!8~~..t ~OO ~~ "- ~ ~ ~ ~ ~ ~ ~ " Goldbeck McCafferty & McKeever BY:.Joseph A. Goldbeck, Jr. AttorneyI.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVll.. ACfION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor(s) aod Record Owoer(s)) 305 Raymon Ave Boiling Springs, PAl 7007 ACfION OF MORTGAGE FORECLOSURE Defendant( s) No. 03-5729 THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3119 WM SPECIAL TV MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above actioD, by ita attorney, Joseph A. Goldbeck. Jr.. Esquire, sets forth as of the date the praecipe for tbe writ of execution was filed the following information concerning the real property located at: 305 Raymon Ave Boiling Springs. P A 17007 I.Name and address of Owner(s) or Reputed Owner(s): CHERYL A. MORRISON 305 Raymon Ave Boiling Springs. P A 17007 DONALD F. MORRISON 305 Raymon Ave Boiling Springs. P A 17007 2. Name and address of Defendant(s) in tbe judgment: CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Raymon Ave Boiling Springs. P A 17007 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg. PA 17108-1754 3. Name and lost known address of every judgment creditor wbose judgment is a record lien on the property to be sold: U.S. DEPT. OF THE TREASURY pmSBURGH OFFICE, ROOM 808 1000 LIBERTY AVENUE PITTSBURGH,PA 15222-9974 BUREAU OF COMPLIANCE Depl. 280946 Harrisburg, P A 17128-0946 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: PA HOUSING FINANCE AGENCY 21\ N. Front Street Harrisburg, P A 17110 P A HOUSING FINANCE AGENCY 2101 N. Front Street Harrisburg, PA 17110 5. Name and address of every other person wbo bas any record interest in or record lien on the property and wbose interest may be affected by lite sale: 6. Name and address of every other person of wbom the plaintiff has knowledge wbo bas any record interest in lite property wbicb may be affected by the sale. 7. Name and address of every other person of wbom tbe plaintiff bas knowledge wbo has any interest in tbe property wbicb may be affected by tbe sale. TENANTSiOCCUP A1'lTS 305 Raymon Ave Boiling Springs. P A 17007 (attacb separate sheet if more space is needed) \ verify that the statements made in this affidavit are troe and correct to the best of my personal knowledge or information and belief. I understand that false statements berein are made subject to lite penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GOLDBECK Mc BY: Joseph A. Gol Attorney for Plainti DATED: October 19. 2004 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Slreel Philadelphia, P A 19106 215-{j27-1322 AlIomey for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cwnberland County Orange, C A 92868 Plaintiff CIVIL ACTION _ LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Raymon Ave Boiling Springs, P A 17007 TIlE UNITED STATES OF AMERICA Tenn No. 03-5729 Defendant(s THIS LA W FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AlTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. TO: MORRISON. CHERYL A. CHI!RYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Your house at 305 Raymon Ave. Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday. March 02, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Counhouse 10 enforce the Counjudgmenl of$124.124.98 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MA V BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you muslla!re immediale aClion: I. The sale will be cancelled if you pay 10 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE. the back payments, lale charges. costs and reasonable anomey's fees due. To fmd oUI how much you mUsl pay call: 215-627-1322 03-5729 2. You may be able to slop lhe sale by filing a petition asking the Court to strike or openjudgment, if the jUdgment was improperly entered. You may also ask lhe Court to POStpone the sale for good cause. 3. You may also be able 10 stop lhe sale through olher legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping lhe sale. (See notice below on how to obtain an allorney). I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out lhe price bid price by calling lhe Sberiff of717-240-6390. 2. You may be able to petition the Court to sel aside lhe sale if lhe bid price was grossly inadequate Compared to the valoe of your property. 3. The sale will go through only iflhe buyer pays lhe Sherifflhe full amount due in lhe sale. To find OUI iflhis has happened, you may call the Sheriff of 717-240-6390. 4. Iflhe amount due from the Buyer is not paid to lhe Sheriff, you will remain the owner of the property as if lhe sale never happened. 5. You have a right to remain in the property untillhe full amount due is paid to lhe Sheriff and lhe Sheriff gives a deed to Ihe buyer. At lbaltime, lhe buyer may bring legal proceedings to evict you. 6. You may be entitled to a share oflhe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sberiffs Sale. This schedole will state who will be receiving lhat money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed dislribution is wrong) are filed with lhe Sheriff wilhin ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of gelling your house back, if you act immediately after lhe 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERlAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 .. . (-) ....' ,- = , c.., . , - .-' ..' ('"~ , , ~.,") ~. ;. L U~ .' '. , -. ,. " (,oJ 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr. Attorney 1.0.#16132 Suile 5000- Mellon lndependeoc., Center 70 I Marlret Slreet Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITIlOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION _ LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and ReCord Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Rayman Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERICA Tenn No. 03-5729 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE AlTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A lTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. TO: MORRISON. OONALD F. DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Your house at 305 Raymon Ave, Boiling Springs, P A 17007 is scheduled 10 be sold al Sheriffs Sale on Wednesday, March 02, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd Fl Counhouse 10 enforce the coun judgment of$ 1 24, 124.98 obtained by WM SPECIALTY MORTGAGE llC. WITIfOllT RECOURSE against you. NOTICE OF OWNER'~GHTS YOU M;\ Y BE ABLE TO PR~VENT S SHERIFF'S SAI.E To prevent this Sheriffs Sale you must lake immediale action: I. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE llC, WITHOUT RECOURSE, the back payments. late charges, COSIs and reasonable attorney's fees due. To fmd OUI how much you mUSI pay call: 215-627-1322 03-5729 2. You may be able to stop the sale by filing a petition asking the Conn to strike or open judgment, if the judgment was improperly entered. You may also ask the Conn 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 below on how to obtain an attorney). ~OU M;Y:Tn; BE ABLE TO SAVE YOUR ~:ER:Y AND YOU RAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT T PL CEo I. If the Sheril1's Sale is not stopped, your property will be sold to the bighest bidder. You may tind out the price bid price by calling the Sberiff of717-240-6390. 2. You may be able to petition the Conn 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 tind out if this bas happened, you may call the Sheriff of7l7-240-6390. 4. If the amounl due from the Buyer is not paid to the Sberiff, you will remain the owner of the property as if the sale never bappened. s. 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 enlitled to a share of the money which was paid for your house. A schedule of distribution oflhe money bid for your house will be tiled by the Sheriff thirty (30) days from the date of the Sheril1's Sale. This scbedule will state wbo 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 tiled with the Sberiff within ten (10) days after the schedule of distribution is tiled. 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle. P A 17013 ~."? r-.' . , , . I '-' :.-1 l. c' - ; .. .- ..., -, , . .~ V , " . ,.~:-, . , -- (;J . 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0.#16132 Suite 5000- Mellon Independence Center 701 Marlret Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) 305 Raymon Ave Boiling Springs, P A 17007 THEllmTEDSTATESOFAMEmCA Tenn No. 03-5729 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Your house at 305 Raymon Ave, Boiling Springs. PA 17007 is scheduled to be sold at SheriO's Sale on Wednesday, March 02.2005, at 10:00 AM, in Commissioners Hearing Rrn 2nd FL Courthouse to enforce the court judgment of$124.124.98 obtained by WM SPECIALTY MORTGAGE LLC. WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SheriO's Sale you must take immediate action: I. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-\322 03-5729 2. Yau may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to poslpOne 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. Tbe sooner you contact one, the more cbance you will have of stopping the sale. (See notice below on how to obtain an attorney). Y~AY STlL~ B.:i ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS E IF THE S E FF'S SALE DOES NOT TAKE PLACE. I. If the Sheritl's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 7 17-240-6390. 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 call1be Sberiff of 717-240-6390. 4. If lbe amount due from lbe Buyer is not paid to the Sberiff, you will remain the owner of lbe property as if lbe sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and tbe 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 oftbe money bid for your house will be liIed by the Sberiffthirty (30) days from the date of the Sheritl's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are liIed with the Sheriff within ten (10) days after the schedule of distribution is liIed. 7. You may also have other rights and defen....s, or ways of gelling your house back. if you act immediately after the sale. YOU SHOULDTAK.E 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 170\3 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 . Jospeh A. Goldbeck, Jr. Attorney l.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street philadelpbia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIAL TV MORTGAGE LLC, WITHom RECOURSE 505 City Parkway West Suite 100 <>range, CA 92868 IN THE COURT OF COMMON PLEAS plaintiff of Cumberland County vs. CIVIL ACTION - LAW CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record owner(s) 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE Defendant( s) NO. 03-5729 THE UNITED STATES OF AMERICA 1, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and 1 further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. CERTIFICATION AS TO THE SALE OF REAL PROPERTY -r':. ,. f-' r-.... r.--';, c.-~ .'-1 .. (:' \,."':' --! r.:;--. .,.,' ,,' L~ ..,i.-' i.~:: C. " GOLDBECK McCAFFERTY & McKEEVER B.Y: Jo'seph A. Goldbeck, Jr. Attorney I.D.# 16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attome for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 AMQ-0041 03/02/2005 $124,124.98 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) Term No. 03-5729 305 Raymon Ave Boiling Springs, P A 17007 Defendant( s) THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 31291.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, h,~reby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: \.. 1 Personal Service by the Sheriffs Office/competent adult (copy of return attached). ~ Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attomey for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. 71bO 3901 9848 3827 8972 TO: THE UNITl'iOSTATES OF AMERlCA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER October 19, 2004 REFERENCE: MORRISON, CHERYL 1\./ AMQ-0041 03/02/05 - Cumberland PS Form 3800. June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail AFFIX POSTAGE TD MAIL PIECE TO COVER FIRST CLASS POSTAGE, CERTIFIED FEE, RETURN RECEiPT FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. 1 Detach [he form 3811. Domestic return receipt by tcaf' ing left to right across perf. A1lilch to !11Clilpmce by peclinq back. the adhesive strips dnd a(fixH\9 \0 front of nlili!piece if space permits Otherwise affix to [jack of ll1ailpiecc. 2 jf you do not wallt HlC receipt postmarked, slick the article # label to the right of the return Jddress, d<lle receipt and retain the receipt 3 tf yOll wanllhis receIpt l-)()stm8rkcd, slip the 3500 receipt between the return receipt, Clnd ltle mallpiece, and slide the edge of lira receipt to the gUnlmed edge of adhesive. This will hold the receipt in place to present \0 your mJilcel1ler, or post office servjce window. (SEE ILLUSTRATION) (Form 380llJ ~ "U'41'" l\....J~,\."'",,"'"J '>O"dO.0" ;,.':,;' ,~'.~::';;t::':'~~\7~t.",." "....".M....o''''.'""",, ,,,,,..,..,",,.,,.,,,, - y"",F!",,_ 1~__.tl2&f CIt\t.~l;l316 m1lUIR o ~"00Pf~ 1'.."..."..,.,""-< O~~ld D. Doe l~gel 509"'0'" "'~'~~\1~9 !h~.yor Wa!zPool.IS"lu,I<>n.,lnc. I~U S"ot~ "'(U'o~ I'Id. Sollf J10 F.Jlb'''OM,C...nlla.41!~ 4 Enter fees for tile scrVllY:', rcquuslcd in ilit) Clppnprl;;l[" spaces on the front of this recClpt 5 Save this receipt ,md pr('~'('Ii! ~I I! )'11l1ll1ake em Inquiry .... ....T~..lTi~.w...~..u,,~._.......,.. 7160 3"101 9848 3827 8965 TO: MORRISON, DONALD F. DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 GOLDBECK MCCAFFERTY & MCKEEVER October 19,2004 REFERENCE: MORRISON, CHERYL A.I AMQ.Q04\ 03/02/05 - Cumberland SENDER: PS Form 3800, June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees us Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use fOT International Mail "'----, POSTMA~~~~~, i<;~l;~ ,'..-',' ...0 "( :'c i< I - \ \ . ~ \. , !2 ,",'. ~ . /i-.:.' \"(-~,,,6 ,,^ \>6 ,\\" AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CU\SS POSTAGE, CERTIFIED FEE, RETURN RECEIPT FEE AND CHARGES FOR ANY SELECTED OPTION~L SERVICES. 1 Detach lhe form 3811, Domestic return receipt by lear- ing left to right aclOss perf Altach to mailpiece by peeling back the adhesIVe strips Jnu iltrixing to front of rndilpiBcr. if space permits. Otherwise affix to back of mailpiccc 2. If you do nol wan! the receipt postmdlked, ';;\ICK the Cirlide ;1 label to the right of tile return address, ddle receipt and retain the receipt. 3 if you want this receipt postmarked, slip the 3800 receipt between the return receipt, and the mailpiece. and slide the edge of the receipl to the gummed edge of adheSive. This win hold the receipt in place to present to your mailcenter. or post office service window_ (SEE ILLUSTRATION) (Form 3800) JOt ."l'U 711 ll.",'.'.I."".''',J 0,,'"00.. "..1......,' ~".."".,,...... ;:~: ::::~' ;J:'~,~~";..::;" ," "".."., ",,,,..,,,, - YOLO"Florn_ 1'i3-,,,,,,..:/54 Oily. 91$ 1230d _If o _OIIhXIPT!II!<lUO.lMI> .,.J"',...........", 0.";<1 o. o<>~ l.paI5.pm.n'Ma'k.t1n!l'U~.;8' Wa'zPo".'SOI"'lon.,'Oc. lSga S<>",~ "'loaloD Rd. S~!.. 1 '0 F.I'b,oo~. ell 920'8-~1\2 4 Enter rees for till) ''''';1"';;1 l\,tl<",li'd ill llll.' illJ!' ~'ljliiJ(c spaces on the front of Ihis rl'cf:)11J1 5 Save this receipt iHlrl pr';' 1;111 It ii you mIke em niqUlry .... ................ ........ .."/'... .... ...... r .. .... ....................-u.'" 7160 3901 9848 3827 9399 TO: MORRISON, CHERYL A. CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 SENDER: GOLDBECK MCCAFFERn' & MCKEEVER October 19, 2004 REFERENCE: MORRISON, CHERYL A, I AMQ-oD41 03/02/05 - Cumberl"od PS Form 3800 June 2000 RETURN Posta.ge RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Pos1age & Fees US Postal Service PO~1f<JA,,~~mr~, Receipt for '/ ~'\'~ I ,< , ! Certified Mail . r /~ ',' :,t No Insurance Coverage Provided \' '".~~,-----'<)' 00 Not Use for International Mail '''' t',; ~'\~2~/ , ---..-.-- ..-.'-.'"--- ._n___..'_._"h_.___._.. n u.._u_n_.._.. .._.__________~____ -..---" ~ - - -- . AFFIX POSTAGE TO MAIL PIECE TO COVER FIRST CLilSS POSTAGE, CERTIFIED FEE, RETURN'RECEiPT FEE AND CHARGES FOR ANY SELECTED OPTIOl'lAL SERVICES. 1 DctClch tlle form 3811, Domestic return receipt by loaf" irlg left to right BUDO',S pert. Attach 10 rl1ailpiece by peeling back the adhesive striPS and affixing to front of mailpiecf: if space permits Otherwise affix to back of mailpiece. 2 \f you do nol want the receipt poslmarked, slick the article If label to the right of the return address, d;lte receipt and retain the rec.eipt. 3 If you wan! this receipt pm;tmarked. slip the 3800 receipt between tl1e return receipt, and the maiJpiece, and slide the edge of the receipt to the gummed cdge 01 adhesive. This will hold tile receiplrn place to present to your ll1ailccl1!8r Of post office sef'Jice window. (SEE IllUSTRATION) ...11 14l 1.. '",.r.I,,',"._"".~ 0";'""0' ':.f,,~:;';;,~,~:::";:,M'''''' h.. 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CD -n 0) m ~ 0 (n [1 I-JL-,C, 'U I 0 0 r -. 0 c r.a - Ii I ~ ~ ~ ~ II ~ ~~ ~ UU I I t';rom OJ co bI e3~a I I Na.~ m "1J @;Oa~ ?O 1'"1 II ~ ~ i i' m ~ @~ ~ I 011 I ~.;: g ~ t~-~~N ::r:N" o~ I ~25r;:j1 tl)..... tl) ..... > =c.nz ... 0 3 i!i 3";:0)> ~...... "~I ~ tCwz c-Z fg-" 0 CD '< ' -g.o~ CPa ~ gz &?d1~Q~?~ <3::10 "1J::l \J-G>"'" (t~~Q'g~)( Jl ~g ~r;; ::i:!! $ g,~ ~8:i!~ "'OCDC ......@ -J(l)Z ~x---aS.m3 -0 ..... ..... @~ ~~lll"t:l ~ ~ 0 - 0 ~ o~:o. 8 5- ~ g en m ~a 12.lP (j3 .... )> "'~' 1Il G:l ep~ 0 ~ 'U :r s: '" "", m ~. ~ ~ ,- 0 w ~ .. ." ~ ... s: :-' "" 0 ~ AI ~ AI in -< " 0 " Z " " ll<> 'ii 0 '" <0 0 ro Z S. ~ ,- ~ 0 ." s: 0 AI ;;0 in 0 z C'l 0 3 " ~ ~ ... ~ ~ ~ :; 1'" Q '" ~ ." 0 a ." .. ::l - ,,: ;:;:-, '" tn 11> 11> "'ll ~ i' ~ )> lJ. fA !it 11> 3 11> " ~ o " ::tl 11> ~ ~ II> 11> r".' i '" " o ~ z =+;):> 0"''' -< ~ ~~ H <" "'~ 0- roil. o o :::o;ep 8'" oil. ~ .,,0 ffiO ."", ffio $~ ."", ffio $~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD,#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215,627,1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN TIlE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION - LAW vs, ACTION OF MORTGAGE FORECLOSURE CHERYL A, MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) Term No. 03-5729 305 RaymonAve Boiling Springs, P A 17007 Defendant( s) The United States of America AFFIDAVIT PURSUANT TO RULE 3U9 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A, Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 305 Rayman Aye Boiling Springs, P A 17007 I ,Name and address ofOwner(s) or Reputed Owner(s): CHERYL A, MORRISON 305 Rayman Aye Boiling Springs, P A 17007 DONALD F, MORRISON 305 Rayman Aye Boiling Springs, P A 17007 2, Name and address of Defendant(s) in the judgment: CHERYL A, MORRISON 305 Rayman Aye Boiling Springs, P A 17007 DONALD F, MORRISON 305 Rayman Aye Boiling Springs, P A 17007 . . THE UNITED STATES OF AMERICA Suite 217, Federal Bldg, 228 Walnut Street Harrisburg, PA 17108-1754 3, Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: U,S, DEPT, OF THE TREASURY PITTSBURGH OFFICE, ROOM 808 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128-0946 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg, ' Room 432 P,O, Box 2675 Harrisburg, PA 17105,2675 4, Name and address of the last recorded holder of every mortgage of record: P A HOUSING FINANCE AGENCY 211 N, Front Street Harrisburg, PA 17110 P A HOUSING FINANCE AGENCY 2101 N, Front Street Harrisburg, P A 17110 5, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6, Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale, 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/OCCUPANTS 305 RaymonAve Boiling Springs, P A 17007 (a~ch separate sheet ifmore space is needed) 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. DATED: January 14, 2005 ..." ,_._;:) C~'.) <:..I" C) "\'1 (- :r,;J'~ ." - ", ...' -0 =;~:: t:'? r<'1 C0 WM Specialty Mortgage LLC, In The Court of Common Pleas of Without Recourse Cumberland County, Pennsylvania VS Writ No, 2003-5729 Civil Term Cheryl A, Morrison and Donald F. Morrison Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 20,2004 at 9:09 o'clock PM, she served a true copy ofthe within Re I Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Cheryl A. Morrison, by making known unto Cheryl Morrison, personally, at 150 I English Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same, Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states th t on December 15,2005 at 7:10 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: Donald F. Morrison, by making known unto Donal Morrison, personally, at 47 Burwick Drive, Mechanicsburg, Cwnberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same, Kurt Haag, Deputy Sheriff, who being duly sworn according to law, states that 0 January 03, 2005 at 2:30 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 Cheryl A. Morrison and Donald F. Morrison located at 305 Raymon Ave" Boiling Springs, 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 ofthe action to the within named defendant, to wit: Cheryl A. Morrison, by regular mail to her last known address of 150 English Drive, Mechanicsburg, P A 17055. This letter was mailed under the date of December 29,2004 and never returned to the Sheriffs Office. R, Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Donald F, Morrison, by regular mail to his last known address of 47 Burwick Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of December 29,2004 and never returned to the Sheriffs Office. R, Thomas Kline Sheriff, who being duly sworn according to law, states this wri is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Poundage Advertising Posting Bills 30.00 13.47 15,00 15,00 ~ \ " \v \ ~,..fA,O ., . \ \ 'l. G @i\9 Levy Mileage Surcharge Law Library Prothonotary Law Journal Patriot News Share of Bills 15,00 11.84 30.00 1.00 237.50 287.56 30.73 $687.10 Sworn and subscribed to before me This..d.&.dayofl~~l. -2 2005, A.D/I' f).: ~~ :1/'.., Prothonotary ""]A> So $.~p~ y#,' /~~..f ".R'~ R. Thomas Kline, Sheriff ~ ( Goldbeck McCafferty & McKeever BY: Joseph A, Goldbeck, Jr, Attorney LD, #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215,627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PEAS of Cwnberland County Plaintiff vs. CIVIL ACTION - LAW CHERYL A. MORRISON DONALD F, MORRISON (Mortgagor(s) and Record Owner(s)) 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECL SURE Defendant(s) No, 03,5729 THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its atto y, Joseph A. Goldbeck, Jf., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the followi g information concerning the real property located at: 305 Rayman Ave Boiling Springs, P A 17007 I.Name and address of Owner(s) or Reputed Owner(s): CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 2, Name and address ofDefendant(s) in the judgment: CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg, 228 Walnut Street Harrisburg, P A 17108-1754 3, Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sol .. ( U,S, DEPT, OF THE TREASURY PITTSBURGH OFFICE, ROOM 808 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-9974 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PAl 7128-0946 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg, - Room 432 P,O, Box 2675 Harrisburg, PA 17105-2675 4, Name and address of the last recorded holder of every mortgage of record: P A HOUSING FINANCE AGENCY 211 N, Front Street Harrisburg, P A 17110 P A HOUSING FINANCE AGENCY 2101 N, Front Street Harrisburg, P A 1711 0 5. Name and address of every other person who has any record interest in or record lien on the property and whose i terest may be affected by the sale: 6, Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the p operty which may be affected by the sale, 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the propert which may be affected by the sale, TENANTS/OCCUP ANTS 305 Rayman Ave Boiling Springs, P A 17007 (attach separate sheet ifmore space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge r information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S. Sect n 4904 relating to unsworn falsification to authorities. GOLDBECK Me BY: Joseph A, Gal Attorney for Plainti DATED: October 19, 2004 03-57 9 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, k Attorney J.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT ~COURSE IN THE COURT OF COMMON PLEAS, 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION ' LAW vs, CHERYL A. MORRISON DONALD F, MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Rayman Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERICA Term No, 03-5729 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TIIIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON, CHERVL A, CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 Your house at 305 Rayman Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to eoforce the court judgment of $124, 124.98 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE against you, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To pH:vent this Sheriffs Sale you must take immediate action: l. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay call: 215-627-1322 03-57 9 2, Yau may be able to stop the sale by filing a petition asking the Court to strike or open judgment, f 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 yo will have of stopping the sale. (See notice below 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 DO);::> NOT TAKE PLACE. . I, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may [md out the price bid price by calling the Sheriff of717-240-6390, 2, Yau 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 the Sheriffof717-240-6390, 4, If the amount due Irom 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 SherilI 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 thirty (30) days from the date of the Sheriffs Sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is Moog) are filed with the Sheriff within ten (\ 0) days after the schedule of distribution is filed, 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, LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 03,572 . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jf. Attorney LD,#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627,1322 Attorney tor Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION ' LAW vs, CHERYL A. MORRISON DONALD F, MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Rayman Ave Boiling Springs, PAl 7007 THE UNITED STATES OF AMERICA Term No, 03,5729 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON, DONALD F. DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 Your house at 305 Rayman Ave, Boiling Springs, PA 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, March 02,2005, at 10:00 ANI, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the conrtjudgment of$124,124,98 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay call: 215-627,1322 03-57 9 2, You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, f 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 yo will have of stopping the sale, (See notice below 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 NOT TAKE PLACE. I, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390, 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 fin out if this has happened, you may call the Sheriff of717-240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5, You have 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 thirty (30) days from the date of t Sheriffs Sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are file with the Sheritfwithin ten (10) days after the schedule of distribution is filed, 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 T FIND OUT WHERE YOU CAN GET LEGAL HELP, LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 TAX PARCEL NO, 40..28-2100-046 ALL THAT CERTAIN tract and parcel of land} together with the improvements lac ed thereon, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the corner of Rayman Avenue and the land now or forme y of Ira W" Miller; thence along the land of said Ira W. Miller, North 78 degree 29 minutes 50 seconds EaBt 172.36 feet to a pointt a corner of Lot No.3 on th hereinafter mentioned Plan of Lotsi thence along said Lot No. 30{ South 20 degrees 44 minutes ~o seconds Bast 116.83 feet to a point, a corner of Lot No. 24 on the hereinafter mentioned Plan of Lotsi thence along said Lot No. 24, South 78 degrees 29 minutes 50 seconds West 189.08 feet to a point in the Eastern side f said Rayman Avenue; thence along the Eastern side of the said Rayman Avenue, North 12 degrees 30 minutes West 118.61 feet to a point, the place of BEGINNIN BEING Lot No. 23 on the Plan of Lots of Mrs. Ellen E. Shughart Miller, as recorded in the Office of the Recorder of Deeds for cumberland County in Plan Book 18, Page. 75; and being improved with a brick and aluminum ranch type dwelling house, ~ Wook16~i3~A6\ t~OO WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due WM SPECIALTY MORTGAGE LLC WITHOUT RECOURSE Plaintiff (s) From CHERYL A. MORRISON DONALD F. MORRISON 305 RAYMON AVE. BOILING SPRINGS, PA 17007 UNITED STATES OF AMERICA (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 fro paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defend t (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that helshe has been added as garnishee and is enjoined as above stated, Amount Due $124,124.98 L.L. Interest FROM 05/0112003 TO 12/22/2003 AT 12.9000% Ally's Comm % Ally Paid $949,54 Plaintiff Paid Due Prothy $1.00 Other Costs Date: OCTOBER 25, 2004 CURTIS R. LONG (Seal) Prothonotary By: -KJ'~.vUA r.:dI4? 90-1 Deputy REQUESTING PARTY: Name Joseph A. Goldbeck, Jr. Address: Suite 5000 - Mellon Independence Center 701 Market Street, Philadelphia, PA 19106-1532 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No, 16132 Real Estate Sale #02 On November 19,2004 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 305 Raymon Ave., Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 19,2004 By:JodJ-Ifmiih Real Estate Deputy \ ( :( d SZ tJO ~UUl lJd '^1l-lno3:)HlJllll~1~3rrfc? ,:J;lIB3HS <.:--ry c:u;l c::;:;:;J c:::::J G=eJ uva REAL ESTATE SALE NO. 2 Writ No, 2003-5729 Civil WM Specialty Mortgage LLC, without recourse vs, Cheryl A. Morrison and Donald F. Morrison Atty,: Joseph Goldbeck TAX PARCEL NO, 40,28,2100-046 ALL THAT CERTAIN tract and parcel of land, together with the improvements located thereon, situ' ate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the cor- ner of Rayman Avenue and the land now or formerly of Ira W, Miller; thence along the land of said Ira W. Miller, North 78 degrees 29 minutes 50 seconds East 172,36 feet to a point, a comer of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence along said Lot No. 30, South 20 degrees 44 minutes 10 seconds East 116,83 feet to a point. a cor- ner of Lot No, 24 on the hereinafter mentioned Plan of Lots; thence along said Lot No, 24, South 78 degrees 29 minutes 50 seconds West 189,08 feet to a point in the Eastern side of sald Raymon Avenue; thence along the Eastern side of the said Raymon Avenue, North 12 degrees 30 min- utes West 118,61 feet to a point, the place of BEGINNING, BEING Lot No, 23 on the Plan of Lots of Mrs. Ellen E, Shughart Mil, ler, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a brick and aluminum ranch type dwelling house, Book 1683 Page 250 . REAL ESTATE SALE No. 02 Writ tIo. 2003-5729 CMITerm WM Specially Mortgage LLC, Without I'8CllUrse Vs " ",Cheryl A. lIorrJson and I <~;:~~~e~~.' i, , DESCRIPllON' I. . ;,1 ALL 1l{AT'~ m and paJ.!ioi . !and, together with 1he improvements loCalod 1hereon, situate in South Middleton Town-ship, Cmnberland County, Pennsyl-vania, bounded and described as follows: BEGINNING at a point at the comer of j,laymon Avenue and 1he land now or fonnerlyof ; ha W, Miller; thence along1he land of said ha W. . MiI1er, North 78 de-grees 29 minotes 50 seconds East 172.36 feet to a point, a comer of Lot No. 3 on the hereinafter men-tioned Plan of Lots; thence along said Lot NO. 30, South 20 degrees 44 minutes 10 seconds East 11683 reet to a point, a comer of Lot 1'0.,24 on 1he hereinafter mentioned PIan of Lots; tbeIIce along said Lot No. 24, South 78 degrees 29min,1ltes50 seconds West 189.08 feet to a point in !he f<tem side of said Raymon Avenue, thence aIoll$1he Eastern side of 1he said Raymon Avenue, North 12 degrees 30 minutes West ,1l8.61feerto ~ "JlOint. 1he place of BEGINNING.", , . BEING Lot No, 23 on 1he PIan of Lots of MIs. Ellen E. Shughart MiI1er, as recorded in 1he OffiCe of 1he llocOrder of Deeds fur Cum,herland County in PIan Book 18, Page 75; and being improved -with a brick and aluminum ranch type dwelling house. Tax Parcel JJ40-28-2100-046. . j, , ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R,C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney 1.0,#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106,1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs, CIVIL ACTION - LAW CHERYL A, MORRISON DONALD F, MORRISON Mortgagor(s) and Record Owner(s) 305 Rayman Ave Boiling Springs, P A ] 7007 ACTION OF MORTGAGE FORECLOSURE No, 03-5729 Defendant( s) THE UNITED STATES OF AMERICA PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY; Issue Writ of Execution in the above matter; Amount Due Interest from 05/01/2003 to 12/2212003 at ]2,9000% $124,124,98 (Costs to be added) GOLDBE BY; Joseph A, G Attorney for PIai i Y & McKEEVER Jr, 'fC) C r- ~ ~ r C ~. f- ~ ~ c-- -p *- D \. "- ~ I:) ~ :r: ~ ~ ~ ...0 ~ ~~ r ""'- \ ""'" ~ ~ ~, ~ ,,---J ""\>~ '.l ",:::: ~ . . ~I. ~ ~~~ () ~, I . ~ -- ~ () () ~ f -J p::: , ~ : ~ f- --..:... , . 0:;'- ,'h~ ~ ~ 1\' ,\ <:s~~~ ~~ ~ ~ f"::. ~ ~ . t I' ~ , , 4 ~~ . . ~ ~ ~ ~ 'c ;;e. I -1 <2 --- ~:~; ~.I l}. r,"':',\"1 ;::.. ') \ ~t ),. ,C ....,.. Z C" ::;. ",,"';L) 7C: CR ~ s:- -_ c.f\ :C rile -::;;"" b:b ~:';~ DB :;:;:ri'\ o ''-'\ E ~ - -~ f-< 6 ~ \; rn g ..." <>( ::c " " ~ \::. ~ f-< tu '"' ;l M ~ "" '" v ~~ '" ~5 ~ g '" ~ 0 ~ " '" \l "7 S ~""-'" ~ 5rno ... I>l '" ~ 19~~ ~ ~ <>- I><'s a>~ "'", rj) t<< o i: .c-IVU':l,.-l(f"l "10 ~~ ~OUt:lCw ... '"'~ 1;)<~ gl;;; V '" O~~o~ ~~ ~~~~~ <>'" I>< ~o ". :2\ '""~" ~ 0 d' '-9 ",,00 ..." ~'t: V;:::~:a'" OU <O~ [j; "," - ~~ ~'2 ~~~'8 OS) ~~ ~:2\o~M o ... ~\r-'d :>< ~:zo"'~ ...0 ~o ~ 0 ~ o 0lJ ..... ~ ..,0 ... UJ. 0 ~ 0 u ::c 10 C!l e: ...0 "" -'" S1 - u ~ u " " u i I.:).~ '" :> ... "" ~ rn ~ if) ~ ~ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANiA) COUNTY OF CUMBERLAND) N003-5729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM Specialty Mortgage LLC, Without Recourse, 505 City Parkway West, Suite 100, Orange, CA 92868 Plaintiff (s) From Cheryl A. Morrison Donald F. Morrison 305 Raymon Ave., Boiling Springs, PAl 7007 (I) You are directed to levy upon the property of the defeudant (s)and to sell see legal description (2) (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 ofthe 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$124,124.98 L.L. interest Atty's Comm % Atty Paid $1651.64 Other Costs Due Prothy $1.00 Plaintiff Paid Date: June 7, 2005 CURTIS R. LONG Prothonotary (Seal) By: ~~MWL. ~,~ W . Deputy REQUESTING PARTY: Name Joseph A. Goldheck, Jr. Address: Suite 5000 -Mellon Independence Center 701 Market Street, Philadelphia, PA 19106-1532 Attorney for: Plaintiff Telephone: 215,627-1322 Supreme Court ID No, 16132 Goldbeck McCafferty & McKeever BY: Josep.1. A. Goldbeck, Jr. AtttJrneyI.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs, CIVIL ACTION - LAW CHERYL A. MORRISON DONALD F, MORRISON (Mortgagor(s) and Record Owner(s)) 305 Rayman Ave Boiling Springs, PAl 7007 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No, 03-5729 THE UNITED STATES OF AMERlCA AFFIDAVIT PURSUANT TO RULE 3129 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A, Goldbeck, Jr" Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 305 Rayman Ave Boiling Springs, P A 17007 I.Name and address ofOwner(s) or Reputed Owner(s): CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 DONALD F, MORRISON 305 Rayman Ave Boiling Springs, P A 17007 2, Name and address of Defendant(s) in the judgment: CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 DONALD F, MORRISON 305 Rayman Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERlCA Suite 217, Federal Bldg, 228 Walnut Street Harrisburg, PA 17108,1754 3, Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: -- U,S, DEPT, OF THE TREASURY PITTSBURGH OFFICE, ROOM 808 1000 LIBERTY AVENUE PITTSBURGH, PA 15222,9974 ~ BUREAU OF COMPLIANCE Dep!. 280946 Harrisburg, PA 17128-0946 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE, Bureau of Child Support Enforcement Health and Welfare Bldg, - Room 432 P,O, Box 2675 Harrisburg, PA 17105,2675 4, Name and address of the last recorded holder of every mortgage of record: P A HOUSING FINANCE AGENCY 211 N, Front Street Harrisburg, P A 1711 0 5, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6, Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale, 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/OCCUP ANTS 305 Rayman Ave Boiling Springs, P A 17007 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and betief, 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. GOLDBEC BY: Joseph Attorney for Plaintiff , DATED: Mav 26, 2005 .- ...~,(~_. n-"- \-J'---"'. ~t~S ~..-:- " ....." ~-. ~?~. \~: ~~ P..- ~~ ..<. .. (') ~ ~ '5'- '-- C-- ~ I ....l ~ 1. "'~ -oMJ "'"l1Q gb :1::H s:?O ..,-rtl o ..-\ <b ~ - -- ~ cg ..,. u\ Joseph A. Goldbeck, Jr. Attorney I.D, #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215,627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS Plaintiff vs, of Cumberland County CHERYL A, MORRISON DONALD F, MORRISON Mortgagor(s) and Record Owner(s) 305 Raymon Ave Boiling Springs, PAl 7007 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) NO, 03,5729 THE UNITED STATES OF AMERICA CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. (") <;:; 1;;5 =' cJ' ~ :;e: I -I ~ :f,: Q, ~ n~::n~ -0 -0 a ::.? " " "U <:;:lo :.c.-en ~3 ~-:'''' 3. C? r- U1 - 03-5729 . .. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Rayman Ave Boiling Springs, P A 17007 THE UNITED STATES OFAMEmCA Term No. 03-5729 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRlSON. CHERYL A. CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 Your house at 305 Raymon Ave, Boiling Springs, PA 17007 is scheduled to be sold at Sheriff's Sale on Wednesday, September 07,2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$124,124.98 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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: I. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 03-5729 + . 2, You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE. I, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriffof717-240,6390, 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 the Sheriff of717-240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5, You have 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 v,hich was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sberiffwithin thirty (30) days from the date of the Sheriffs Sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with tbe Sheriff witbin ten (10) days after the schedule of distribution is filed, 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, LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 .:.)(::" l-;'~ ~~-. -~:;~" .I'.,' (/,\ " ,.<-/ r~'-' '~~{~: ~ ~ ';)f. q:: $-'" ()'\ Q. '$.:1,1 ~~ '--:;':;\'^"\" ');,:C) :;'~(J .t-rr'\ ~-~ ~ ',"", (") C :?'. ~ '3'- 'e ~ \ -' ~ - 03-5729 . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr, Attorney I.D,#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627,1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs, CHERYL A. MORRISON DONALD F, MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Rayman Ave Boiling Springs, PAl 7007 THE UNITED STATES OF AMEIDCA Term No, 03-5729 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON, DONALD F. DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 Your house at 305 Rayman Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07,2005, at 10:00 AM, in Conunissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$124,124,98 obtained byWM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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 inunediate action: 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay call: 215-627-1322 . . 03-5729 2, You may be able to stop the sale by filing a petition asking the Court to strike or open 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, Yau 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 below on how to obtain an attomey), YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. I, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717,240-6390, 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 the Sheriffof717-240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have 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 within thirty (30) days from the date of the Sheriffs Sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed, 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 TARE THIS PAPER TO YOUR LA WYER 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, LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (") c: ~: '''Ol:I:; n"l,f' ~C!~: 0~~. r;\~> ~~~ ~ -~ ~ = <J' '- c:: :;z:: I -J :P" 3 <:? :r:- U1 ~ ~::!:l -rIm -0 I:( (J C) ~~~ "-,)0 ':-";"rn {5 ,-j :P- :~ 03-5729 ~ . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr, Attorney LD,#16132 Suite 5000, Mellon Independence Center 70] Market Street Philadelphia, P A ] 91 06 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs, CHERYL A. MORRISON DONALD F, MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Rayman Ave Boiling Springs, PAl 7007 THE UNITED STATES OF AMERICA Term No, 03-5729 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNtTED STATES OF AMERlCA Suite 217, Federal Bldg, 228 Walnut Street Harrisburg, PA 17108-1754 Your house at 305 Raymon Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07,2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$124,124,98 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE against you, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I, The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due, To fmd out how much you must pay call: 215-627-1322 " 03-5729 . 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE. I, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid price by calling the Sheriff of717,240,6390, 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 tbe full amount due in the sale, To find out if this has happened, you may call the Sheriff of717-240-6390, 4, Ifthe 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 within thirty (30) days from the date of the Sheriffs Sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed, 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, LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 () "-> ~ = ~ = ;f;~~) t;..n L.. :;i! c: &;~~,' z fn:!J I -aFn ~~ -.J :06 0 .e:(--"; -.... "'" :S::H :;.:o:r-..., :::;r , - )> ~,;~: ;7~ ~:; 'P. cS ~ ~:-t :~ .:c- -'" CJI :~ USBC PAM - LIVE - V2,6 - Docket Report Page 1 of3 CREDS, CLAIMS, 2002, 341Held U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:0S-bk-OOllO-MDF Assigned to: Mary D France Chapter I3 Voluntary Asset Date Filed: 01/07/2005 Donald F Morrison 47 Burwick Drive Mechanicsburg, P A 17050 SSN: xxx-xx-8561 Debtor represented by Steven P. Miner Metzger Wickersham Knauss and Erb 3211 North Front Street PO Box 5300 Harrisburg, PA 17110,0300 717238-8187 Fax: 717234-9478 Email: spm@mwke.com Charles J. DeHart, III (Trustee) P o Box 410 Hummelstown, P A 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, P A 17108 (717) 221,4515 Asst U.S. Trustee Filing Date # Docket Text 01/07/2005 1 Chapter 13 Voluntary Petition, Schedules A-J & Statement of Financial Affairs. Filing fee due in the amount of $ 194.00 filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison. (Miner, Steven) (Entered: 01/07/2005) 01/07/2005 Receipt of Chapter 13 Voluntary Petition - case upload(1 :05-bk- 00110) [caseupld,I305u] ( 194.00) filing fee. Receipt number 827878, amount $ 194.00. (U.S, Treasury) (Entered: 01/07/2005) 01/07/2005 2 Matrix filed/Creditor List Uploaded Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison (RE: related document(s)1 ). (Miner, Steven) (Entered: I I https://ecf,pamb.uscourts.gov/cgi-bin/DktRpt.pl?359993711193864-L _82_0-1 5/26/2005 ~ USBC PAM - LIVE - V2.6 - Docket Report Page 2 of3 0110712005) 01/10/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE, 2/24/2005 at 09:00 AM, (BR) (Entered: 01/10/2005) 01121/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 3/10/2005 at 09:00 AM. (DP) (Entered: 01/21/2005) 01126/2005 3 Chapter 13 Plan Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison (RE: related document(s)1), (Attachments: # 1 Affidavit # 2 Proposed Order) (Miner, Steven) (Entered: 01/26/2005) 01/26/2005 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 3/1 0/2005 at 09:00 AM. (BR) (Entered: 01/26/2005) 01/28/2005 4 Affidavit of disbursement of Trustee funds upon Dismissal and/or Conversion prior to confirmation afChapter 13 Plan Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison. (Miner, Steven) (Entered: 01/28/2005) 01/3112005 5 Request to BNC - Meeting of Creditors. 341 (a) meeting to be held on 3/1 0/2005 at 09:00 AM Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th FI, 228 Walnut St, Harrisburg, PA Proofs of Claims due by 6/8/2005 Last day to Object to Plan Confirmation 7/812005 (DP) (Entered: 01/31/2005) 0210212005 6 BNC Certificate of Mailing, (RE: related document(s).5.). Service Date 02102/2005. (Admin.) (Entered: 02/03/2005) 02/02/2005 7. BNC Certificate of Mailing, (RE: related document(s)5 ), Service Date 02102/2005. (Admin.) (Entered: 02/03/2005) 02/28/2005 8 Request for Notice under 2002 Filed by Jeffrey K Garfinkle of Buchalter, Nemer, Fields and Younger on behalf of AmeriQuest Mortgage Company. (BR) (Entered: 03/01/2005) 03/15/2005 9 Certification that 341 Meeting of Creditors Held (Ch. 13) on 3110105. (There is no image or paper document associated with this entry,). (dehart, IIl(ds), Charles) (Entered: 03/1512005) 04122/2005 lQ Motion for Relief from Stay, Filing fee due in the amount of $ 150,00 Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalfofWM Specialty Mortgage LLC Without Recourse. (Attachments: # 1 Proposed Order # 2 Movant Payment History# 3 https:/lecf.pamb,uscourts,govlcgi-bin/DktRpt.pl?359993711193864-L 82 0-1 5/26/2005 USBC PAM - LIVE, V2.6 - Docket Report Page 3 of3 Certificate of Non-Concurrence) (Puida, Leslie) Modified on 4/25/2005 to correct name of creditor, (BW) (Entered: 04/22/2005) 04/22/2005 Receipt of Motion for Relief From Stay(J :05-bk-00 II O-MDF) (motion,mrlfsty] ( 150.00) filing fee. Receipt number 997666, amount $ 150,00. (U.s. Treasury) (Entered: 04/22/2005) 04/25/2005 11 Notice to Filing Party (L. Puida): ** The name of the Creditor in the docket entry and the image of the Motion are not the same, The Court will correct the docket entry to correspond with the image **, (RE: related document(s)1Q), (BW) (Entered: 04/25/2005) 04/25/2005 12 Order (RE: related document(s)lQ ). Answers are due on: 5/1 0/2005, Hearing scheduled for 5/18/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (BW) (Entered: 04/25/2005) 04/26/2005 13 Certificate of Service to the Motion for Relieffrom the automatic stay Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of WM Specialty Mortgage LLC without Recourse (RE: related document(sHl, 10), (Puida, Leslie) (Entered: 04/26/2005) 05/16/2005 14 Order Granting Motion for Relief from Stay (RE: related document(s) Ii) ). (BW) (Entered: 05/16/2005) I PACER Service Center I I Transaction Receipt I I OS/26/2005 10:32:02 I IPA<;ER l~a0060 I Client Logm: Code: 1:05-bk-OOll0-MDF Fit orEnt: Description: Docket Search Fil Doc From: 0 Doc To: Report Criteria: 99999999 Tetm: y Links: n Fotmat: HTMLfmt Billable D810,16 I Pa!!es: https://ecf.pamb.uscourts.gov/cgi-binJDktRpt.pl?35999371ll93864-L_ 82 _0-1 5/26/200, USBC PAM - LIVE - V2,6 ' Docket Report Page I of3 CREDS, CLAIMS, 2002, 34IHeld U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:05-bk-OOllO-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 01/0712005 Donald F Morrison 47 Burwick Drive Mechanicsburg, P A 17050 SSN: xxx-xx-8561 Debtor represented by Steven P. Miner Metzger Wickersham Knauss and Erb 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 717238-8187 Fax: 717 234-9478 Email: spm@mwke.com Charles J. DeHart, III (Trustee) POBox 410 Hummelstown, P A 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 (717) 221-4515 Asst. U.S. Trustee Filing Date # Docket Text 01/07/2005 1 Chapter 13 Voluntary Petition, Schedules A,J & Statement of Financial Affairs, Filing fee due in the amount of $ 194.00 filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison. (Miner, Steven) (Entered: 01/07/2005) 01/07/2005 Receipt of Chapter 13 Voluntary Petition - case upload(1 :05-bk- 00110) [caseupld, 1305u] ( 194.00) filing fee. Receipt number 827878, amount $ 194.00. (U.S, Treasury) (Entered: 01/0712005) 01107/2005 2 Matrix filed/Creditor List Uploaded Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison (RE: related document(s)l). (Miner, Steven) (Entered: I https://ecf.pamb,uscourts.gov/cgi-binlDktRpt.pl?359993711193864-L ~82 _0-1 5/26/2005 USBC PAM, LIVE - V2.6 - Docket Report Page 2 of3 01107/2005) 01/10/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE, 2/24/2005 at 09:00 AM. (BR) (Entered: 01/10/2005) 01/21/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 3/10/2005 at 09:00 AM. (DP) (Entered: 01/21/2005) 01/26/2005 2 Chapter 13 Plan Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison (RE: related document(s)l). (Attachments: # 1. Affidavit # 2. Proposed Order) (Miner, Steven) (Entered: 01/26/2005) 01/26/2005 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 3/10/2005 at 09:00 AM. (BR) (Entered: 01/26/2005) 01/28/2005 4 Affidavit of disbursement of Trustee funds upon Dismissal and/or Conversion prior to confirmation of Chapter 13 Plan Filed by Steven p, Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison, (Miner, Steven) (Entered: 01/28/2005) 01/31/2005 ,5 Request to BNC - Meeting of Creditors. 34l(a) meeting to be held on 3/10/2005 at 09:00 AM Federal Bldg, Trustee Hearing Rm, Rm 1160, 11 th FI, 228 Walnut St, Harrisburg, P A Proofs of Claims due by 6/8/2005 Last day to Object to Plan Confirmation 7/8/2005 (DP) (Entered: 01/3112005) 02/02/2005 Q BNC Certificate of Mailing. (RE: related document(s)5), Service Date 02/02/2005. (Admin,) (Entered: 02/03/2005) 02/02/2005 1 BNC Certificate of Mailing. (RE: related document(s)5), Service Date 02/02/2005. (Admin.) (Entered: 02/03/2005) 02/28/2005 .8, Request for Notice under 2002 Filed by Jeffrey K Garfinkle of Buchalter, Nemer, Fields and Younger on behalf of AmeriQuest Mortgage Company, (BR) (Entered: 03/01/2005) 03/15/2005 9 Certification that 341 Meeting of Creditors Held (Ch. 13) on 3/10/05. (There is no image or paper document associated with this entry,). (dehart, I1I(ds), Charles) (Entered: 03//5/2005) 04/22/2005 IQ Motion for Relief from Stay. Filing fee due in the amount of$ 150.00 Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf ofWM Specialty Mortgage LLC Without Recourse. (Attachments: # 1. Proposed Order # 2. Movant Payment History# 2 https://ecf.pamb.uscourts,gov/cgi-bin/DktRpt.pl?359993711193864-L _ 82_ 0-1 5/26/2005 USBC PAM - LIVE - V2,6 - Docket Report Page 3 of3 Certiticate of Non-Concurrence) (Puida, Leslie) Modified on 4/25/2005 to correct name of creditor, (BW) (Entered: 04/22/2005) 04/22/2005 Receipt of Motion for Relief From Stay(l:05-bk-00llO-MDF) (motion,mrlfsty] ( 150.00) filing ft:e, Receipt number 997666, amount $ 150,00. (U.S. Treasury) (Entered: 04/22/2005) 04/25/2005 11 Notice to Filing Party (L. Puida): ** The name of the Creditor in the docket entry and the image of the Motion are not the same, The Court will correct the docket entry to correspond with the image **. (RE: related document(s)lQ). (BW) (Entered: 04/25/2005) 04/2512005 12 Order (RE: related document(s) 1 0 }, Answers are due on: 5/10/2005. Hearing scheduled for 5/18/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, P A. (BW) (Entered: 04/25/2005) 04/26/2005 n Certificate of Service to the Motionfor Relieffrom the automatic stay Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf ofWM Specialty Mortgage LLC without Recourse (RE: related document(s)12, Ii> ). (Puida, Leslie) (Entered: 04126/2005) 05/16/2005 11 Order Granting Motion for Relief from Stay (RE: related document(s) LQ ). (BW) (Entered: 05/16/2005) I PACER Service Center I I Transaction Receipt I I 05/26/2005 10:32:02 I IPA<;:ER l~a0060 I Client Logm: Code: 1:05-bk-00110,MDF Fil or Ent: Description: Docket Search Fil Doc From: 0 Doc To: Report Criteria: 99999999 Tenn: y links: n Fonnat: HTMlfmt Billable D~IO,16 I Pages: https://ecf.pamb.uscourts.gov/cgi-bin/DktRpl.pl?3599937lll93864-L _82_0-1 5/26/2005 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY WM SPECIALTY MORTGAGE LLC, WITIIOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs, No, 03-5729 CHERYL A. MORRISON and DONALD F. MORRISON 305 Raymon Ave Boiling Springs, PAl 7007 Defendant( s) ORDER AND NOW, this day of ,2005, upon consideration of the Motion of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE to Reassess Damages, it is, ORDERED: That the motion is granted and Plaintiff's judgment is hereby reassessed to $143,227,75, plus interest and costs. BY THE COURT: J. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs, CHERYL A MORRISON and DONALD F, MORRISON 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE No, 03-5729 Defendant(s) THIS IS 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 I'URPOSE OF COLLECTING THE DEBT. PLAINTIFF'S MOTION TO REASSESS DAMAGES AND NOW, this Plaintiff, WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, petitions the Court to Reassess Damages for the following reasons: }, Plaintiffs Complaint in Mortgage Foreclosure was filed on October 27,2003, 2, On December 26, 2003, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $124,124,98, based upon the demand in Plaintiff's Complaint. 3. On January 07, 2005 Defendants filed a petition in bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania (No. 05-00110) which stayed further prosecution of Plaintiffs action in mortgage foreclosure. 4, By order of United States Bankruptcy Court dated May 16, 2005 Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code, 5. Since the filing of the Complaint, interest has been accruing as have the escrow balance deficit and late charges under the terms of the mortgage contract involved. 6, Due to the stay of proceedings, Plaintiffs judgment is now insufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the property in question. 7, Upon disposition of this motion and the scheduling of a Sheriffs Sale on September 07,2005, the amounts due and owing on the mortgage will be as follows: Principal Balance $100,634,87 Interest from 5-1-03 thru 9-7-05 at 12.9000% Per diem interest rate at $36.13 Escrow Balance Deficit $21,019,82 $2,080.27 $6,708.36 Late Charges per Complaint Unpaid NSF Charges $68.50 Expenses Paid by AMC Mtg. Services, Inc. $1,241.78 Foreclsoure Fees $3,175.00 Reconveyance Fee $19.00 Recording Fee $27.00 Sheriffs Fee $2,696.20 Property Inspection $10.00 SUB-TOTAL Suspense Balance $137,680,80 -$234.79 SUB-TOTAL $137,446.01 Attorney's Fee at 5.0000% of principal balance $5,031.74 Costs of Suit and Title Search $750,00 TOTAL $143.227.75 WHEREFORE, Plaintiff prays that the motion be granted and Plaintiffs Judgment be reassessed to $143,227,75, plus interest and costs, ~'Y obm""", , , Gary E\ McCa '\ GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cmnberland County Plaintiff vs, CIVIL ACTION - LAW CHERYL A. MORRISON and DONALD F, MORRISON 305 Rayman Ave Boiling Springs, PAl 7007 ACTION OF MORTGAGE FORECLOSURE No. 03-5729 Defendant(s) VERIFICATION Gary E. McCafferty, Esq" hereby states that he is the attorney for Petitioner within named and that all of the facts set forth within the attached Motion to Reassess Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands "" ili, fo~g";"g ,,_~" = moo, ""'j~' '".~ p\ 8 P Esq, , , ) GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION ' LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE CHERYL A, MORRISON and DONALD F, MORRISON 305 Raymon Ave Boiling Springs, PAl 7007 No, 03-5729 Defendant( s) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff is entitled to the amounts due and owing on the mortgage contract at the time of the Sheriffs Sale of property involved, For reasons stated in the within motion, Plaintiffs judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, the escrow balance deficit and late charges have all been accruing while Plaintiffs action in mortgage foreclosure was stayed by Defendant(s) bankruptcy petition. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the motion be granted and Plaintiffs judgment be reassessed to $143,227.75, plus interest and costs, GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs, . CHERYL A. MORRISON and DONALD F, MORRISON 305 Rayman Ave Boiling Springs, PAl 7007 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No, 03-5729 CERTIFICATION OF SERVICE Gary E, McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiffs Motion to Reassess Damages was mailed by first class mail, postage prepaid to Defendant(s) CHERYL A. MORRISON and DONALD F, MORRISON @305 RYMON Avenue, Boiling Springs, PA 17007 and 1501 17055 on July 13, 2005. Drive, Mechanicsburg, PA erty, Esquire j GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. A Professional Corporation Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 JOSEPH A. GOLDBECK, JR, GARY E, McCAFFERTY MICHAEL T, McKEEVER July 13, 2005 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: CHERYL A, MORRISON and DONALD F, MORRISON No: 03-5729 To The Prothonotary: . Enclosed herewith please find an original and a copy of Plaintiffs Motion to Reassess Damages with regard to the above-referenced matter. Kindly file the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed herewith, ) cCAFFERTY GEM/mw Enclosure GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation AlIorney's at Law SUITE 5000 MELLON INDEPENDENCE CENTER 701 Markel Street PHILADELPHIA, PA 19106.15:12 (215) 627.1322 fax (215) 627,7734 JOSEPH A. GOLDBECK, JR. GARY E, McCAFFERTY' MICHAEL T, McKEEVER' KRISTINA G, MURTHA' July 13, 2005 CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, PA 17007 And /50/ English Drive Mechanicsburg, PA DONALD F, MORRISON 305 Rayman Ave Boiling Springs, PA 17007 And /50/ English Drive Mechallicsburg, P A RE: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE vs, CHERYL A. MORRISON and DONALD F. MORRISON NO, 03-5729 Dear CHERYL A, MORRISON and DONALD F. MORRISON: Enclosed please find a copy of Plaintiffs Motion to R,eassess Damages, the original of which has been duly filed of record with the Court. This Motion has been sent by first class postage-paid today, Wednesday, July 13, 2005, ~UI ~ FERTY GEM/mw Enclosure RE: #0020277893 - CHERYL A. MORRISON and DONALD F. MORRISON n ~,' 0 c:';> ~. c.-:) ..... 1:-'" ~ :i'-n '- C:. ,-- nlr~, - " 'J {}i ( ) '" " , , " ..-<'" ;-,.r-n )C ~'? ,~) ,[ ~;':" ( n _.0 J;" c<. - t-\ RECEIVED JUll 8 2oo5r GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215,627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON and DONALD F, MORRISON 305 Raymon Ave Boiling Springs, P A 17007 No, 03,5729 Defendant( s) RULE AND NOW, a rule is entered upon Defendant(s) to show caus,: why the relief requested in Plaintiff's Motion to Reassess Damages should not be granted. Rule returnable th~ Qa} 6f U;)~ Date: 1""" zP, Z4'(JJ" oi l:&-- "."""."4- /li,l ], ~ ~~ tj "::'<'.]n8 SS : II H~ 02 lflf SOUZ ""'("-'1":] -111,-'0 A('/~!~, J/\U: --L.\J:lr :j '. .:!' 3~)U:~O"-Q:n]:1 USBC PAM - LIVE - V2.6 - Docket Report Page 1 of3 CREDS, CLAIMS, 2002, 341Held U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:05-bk-OOllO-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 01/0712005 Donald F Morrison 47 Burwick Drive Mechanicsburg, PA 17050 SSN: xxx-xx-8561 Debtor represented by Steyen P. Miner Metzger Wickersham Knauss and Erb 3211 North Front Street PO Box 5300 Harrisburg, P A 1711 0-0300 717238-8187 Fax: 717 234-9478 Email: spm@mwke.com Charles J. DeHart, III (Trustee) POBox410 Hummelstown, PA 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, P A 17108 (717) 221-4515 Asst. U.S. Trustee Filing Date # Docket Text 01/07/2005 1 Chapter 13 Voluntary Petition, Schedules A-J & Statement of Financial Affairs. Filing fee due in the amount of$ 194,00 filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison. (Miner, Steven) (Entered: 01/0712005) 01/07/2005 Receipt of Chapter 13 Voluntary Petition - case upload(l :05-bk- 00110) [caseupld,1305u] ( 194.00) filing fee. Receipt number 827878, amount $ 194.00, (U.S. Treasury) (Entered: 01/07/2005) 01/07/2005 2 Matrix filed/Creditor List Uploaded Filed by Steven P. Miner of Metzger Wickersham Knauss and Eib on behalf of Donald F Morrison (RE: related document(s)l). (Miner, Steven) (Entered: https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?359993711193864-L_ 82 _ 0-1 5/26/2005 USBC PAM - LIVE - V2,6 - Docket Report Page 2 of3 01/07/2005) 01/10/2005 , Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE, 2/24/2005 at 09:00 AM. (BR) (Entered: 01/10/2005) 01/21/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 3/10/2005 at 09:00 AM. (DP) (Entered: 01/21/2005) 01/26/2005 ;) Chapter 13 Plan Filed by Steven p, Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison (RE: related document(s)l). (Attachments: # 1 Affidavit # 2 Proposed Order) (Miner, Steven) (Entered: 01/26/200:5) 01/26/2005 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 3/10/2005 at 09:00 AM, (BR) (Entered: 01/26/2005) 01/28/2005 LI Affidavit of disbursement of Trustee funds upon Dismissal and/or Conversion prior to confirmation afChapter 13 Plan Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison. (Miner, Steven) (Entered: 01/28/2005) 01/31/2005 5 Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 3/10/2005 at 09:00 AM Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th FI, 228 Walnut St, Harrisburg, PA Proofs of Claims due by 6/8/2005 Last day to Object to Plan Confirmation 7/8/2005 (DP) (Entered: 01/31/2005) 02/02/2005 Q BNC Certificate of Mailing. (RE: related document(s)5,), Service Date 02/02/2005. (Admin.) (Entered: 02/03/2005) 02/02/2005 1 BNC Certificate of Mailing. (RE: related document(s)5,). Service Date 02/02/2005. (Admin.) (Entered: 02/03/2005) 02/28/2005 B, Request for Notice under 2002 Filed! by Jeffrey K Garfinkle of Buchalter, Nemer, Fields and Younger on behalf of AmeriQuest Mortgage Company, (BR) (Entered: 03/01/2005) 03/15/2005 9 Certification that 341 Meeting of Creditors Held (Ch. 13) on 3/10/05. (There is no image or paper document associated with this entry.). (dehart, I1I(ds), Charles) (Entered: 03/15/2005) 04/22/2005 1Q Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf ofWM Specialty Mortgage LLC Without Recourse. (Attachments: # 1 Proposed Order # 2. Movant Payment History# .3. https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?359993711193864-L 82 0-1 5/26/2005 USBC PAM - LIVE - V2,6 - Docket Report Page 3 of3 Certificate of Non-Concurrence) (Puida, Leslie) Modified on 4/25/2005 to correct name of creditor, (BW) (Entered: 04/22/2005) 04/22/2005 Receipt of Motion for Relief From Stay(l :05-bk-00llO-MDF) [motion,mrlfsty] ( 150.00) filing fee.. Receipt number 997666, amount $ 150.00. (U .S. Treasury) (Entered: 04/22/2005) 04/25/2005 11 Notice to Filing Party (L. Puida): ** The name of the Creditor in the docket entry and the image of the Motion are not the same, The Court will correct the docket entry to correspond with the image **. (RE: related document(s)10 ). (BW) (Entered: 04/25/2005) 04/25/2005 }1 Order (RE: related document(s)H!). Answers are due on: 5/10/2005. Hearing scheduled for 5/18/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (BW) (Entered: 04/25/2005) 04/26/2005 11 Certificate of Service to the Motion for Relief from the automatic stay Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of WM Specialty Mortgage LLC without Recourse (RE: related document(s)}1, lQ), (Puida, Leslie) (Entered: 04/26/2005) 05/16/2005 14 Order Granting Motion for Relief from Stay (RE: related document(s) l!) ). (BW) (Entered: 05/16/2005) I PACER Service Center I I Transaction Receipt I I OS/2612005 10:32:02 I PACER ~a0060 I Client Login: Code: 1:05,bk,OOII0-MIDF Fil or En!: Description: Docket Search Fil Doc From: 0 Doc To: Report Criteria: 99999999 Tenn: y Links: n Fonna!: HTMLfmt Billable DEJIO,I6 I Pages: https:l/ecf.pamb,uscourts.gov/cgi-binlDktRpt.pl?359993711193864-L _82_0-1 5/26/2005 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs, No, 03-5729 CHERYL A, MORRISON and DONALD F, MORRISON 305 Rayman Ave Boiling Springs, P A 17007 Defendant( s) ORDER AND NOW, this day of ,2005, upon consideration of the Motion of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE to Reassess Damages, it is, ORDERED: That the motion is granted and Plaintiff's judgment is hereby reassessed to $143,227.75, plus interest and costs. BY THE COURT: J. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs, CHERYL A. MORRISON and DONALD F, MORRISON 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE No, 03-5729 Defendant( s) THIS IS 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 ]~URPOSE OF COLLECTING THE DEBT. PLAINTIFF'S MOTION TO REASSESS DAMAGES AND NOW, this Plaintiff, WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, petitions the Court to Reassess Damages for th,~ following reasons: 1. Plaintiff's Complaint in Mortgage Foreclosure was filed on October 27, 2003. 2. On December 26,2003, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $124,124.98, based upon the demand in Plaintiff's Complaint 3, On January 07, 2005 Defendants filed a petition in bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania (No. 05-00110) which stayed further prosecution of Plaintiffs action in mortgage foreclosure, 4, By order of United States Bankruptcy Court dated May 16, 2005 Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code. 5. Since the filing of the Complaint, interest has been accruing as have the escrow balance deficit and late charges under the terms of the mortgage contract involved. 6, Due to the stay of proceedings, Plaintiffs judgment is now insufficient to satisfY the amounts due and owing on the mortgage and the mortgage lien on the property in question. 7, Upon disposition of this motion and the scheduling of a Sheriffs Sale on September 07,2005, the amounts due and owing on the mortgage will be as follows: Principal Balance $100,634,87 Interest from 5-1-03 thru 9-7-05 at 12.9000% Per diem interest rate at $36,13 $21,019.82 Late Charges per Complaint $2,080,27 Escrow Balance Deficit $6,708,36 Unpaid NSF Charges $68,50 Expenses Paid by AMC Mtg. Services, Inc. $1,241.78 Foreclsoure Fees $3,175.00 Reconveyance Fee $19.00 Recording Fee $27.00 Sheriffs Fee $2,696.20 $10.00 Property Inspection SUB-TOTAL Suspense Balance $137,680.80 -$234.79 SUB-TOTAL $137,446.01 $5,031.74 Attorney's Fee at 5,0000% of principal balance Costs of Suit and Title Search $750.00 TOTAL $143.227.75 WHEREFORE, Plaintiff prays that the motion be granted and Plaintiff's Judgment be reassessed to $143,227.75, plus interest and costs. I I Gary E\ McCa '\ GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS ofCwnberland County Plaintiff vs, CIVIL ACTION ' LAW CHERYL A. MORRISON and DONALD F, MORRISON 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE No, 03-5729 Defendant( s) VERIFICATION Gary E, McCafferty, Esq., hereby states that he is the attorney for Petitioner within named and that all of the facts set forth within the attached Motion to Reassess Damages are true and correct to the best of his knowledge, information and belief, The undersigned understands tim, th, 'oregoing """=~l" = ~d""'>j<,ct '" th, ''''',\18 P Srelioo 4904. Esq. ) GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney 1.0.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627,1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION, LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRlSON and DONALD F, MORRlSON 305 Raymon Ave Boiling Springs, PAl 7007 No, 03-5729 Defendant( s) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff is entitled to the amounts due and owing on the mortgage contract at the time of the Sheriff's Sale of property involved. For reasons stated in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, the escrow balance deficit and late charges have all been accruing while Plaintiffs action in mortgage foreclosure was stayed by Defendant(s) bankruptcy petition. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the motion be granted and Plaintiffs judgment be reassessed to $143,227.75, plus interest and costs. y, Esquire GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE . CHERYL A, MORRISON and DONALD F, MORRISON 305 Rayman Ave Boiling Springs, P A 17007 No, 03-5729 Defendant( s) CERTIFICATION OF SERVIICE Gary E, McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiff's Motion to Reassess Damages was mailed by Ifirst class mail, postage prepaid to Defendant(s) CHERYL A. MORRISON and DONALD F. MORRISON @305 RYMON Avenue, Boiling Springs, PA 17007 and 1501 English Drive, Mechanicsburg, PA 17055 on July 13, 2005, erty, Esquire GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR A Professional Corporation Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 (215) 627-1322 FAX (215) 627-7734 JOSEPH A. GOLDBECK, JR, GARY E, McCAFFERTY MICHAEL T, McKEEVER July 13, 2005 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: CHERYL A, MORRISON and DONALD F, MORRISON No: 03-5729 To The Prothonotary: Enclosed herewith please find an original and a copy of Plaintiffs Motion to Reassess Damages with regard to the above-referenced matter. Kindly file the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed herewith. GEM/mw Enclosure GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation Attorney's at Law SUITE 5000 MELLON INDEPENDENCE CENTI,R 701 Market Street PHILADELPHIA, PA 19106,1532 (215) 627.1322 fax (215) 627-7734 JOSEPH A. GOLDBECK, JR. GARY E, McCAFFERTY' MICHAEL T, McKEEVER' KRISTINA G, MURTHA' July 13, 2005 CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, PA 17007 And 1501 English Drive Mechanicsburg, PA DONALD F, MORRISON 305 Rayman Ave Boiling Springs, PA 17007 And 1501 English Drive Mechanicsburg, PA RE: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE VS. CHERYL A. MORRISON and DONALD F, MORRISON NO, 03-5729 Dear CHERYL A. MORRISON and DONALD F, MORRISON: Enclosed please find a copy of Plaintiff's Motion to Reassess Damages, the original of which has been duly filed of record with the Court. This Motion has been sent by first class postage-paid today, Wednesday, July 13, 2005, GEM/mw Enclosure RE: #0020277893 - CHERYL A. MORRISON and DONALD F. MORRISON '-'." I n ~'. ~ r--' (~.:: ;) C;-:1 'or' '- C~ t~"~ ()"j ;.. -...-" ~ ~- "n-!..! \~--. ,.. ,-'") - t;? (n J;:' GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION ' LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE CHERYL A MORRISON and DONALD F, MORRISON 305 Raymon Ave Boiling Springs, P A 17007 No, 03-5729 Defendant( s) CERTIFICATION OF SERVICE OF RULE RETURNABLE Gary E, McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy ofPlaintif!'s Petition for Reassessment of Damages and Rule Returnable 20 days after service, was mailed by first class mail, postage prepaid to Defendant(s) CHERYL A MORRISON & DONALD F, MORRISON @305 Raymon Avenue, Boiling Springs, P A 17007 and ISO 1 Englis~ Drive, Mechanicsburg, P A on AUGUST 10. 2005 . Sworn and subscribed to me this /() +.:1. , d/U( u; c::::- Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN M. LION, Notary Public City of Philadelphia, Phila. County My Commission Expires May 14, 2008 Gary E. Mc~af I ., day of {, '(dj~u.L/ , 2005 COMMONWEALTH OF PEtlNSYLVANIA NOTARIAL SEAL KA THI,EEN M. LION, Notary Publio C <,' of Philadelphia, Phila. County My C.-'i1mission Ex 'res May I.,. .0 GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATfORNEYSATLAW SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 WWW.GOLDBJ<:CKl.A\V.COM August 10, 2005 DONALD F. MORRISON CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, PA 17007 And 1501 English Drive Mechanicsburg, PA RE: WM SPECIAL TV MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 v, CHERYL A, MORRISON & DONALD F, MORRISON NO, 03-5729 Dear CHERYL A. MORRISON and DONALD F, MORRISON: Enclosed please find a copy of Plaintiffs Petition for Reassessment of Damages and Rule Returnable Date, Very truly yours, GEM/mw RE: #0020277893 - CHERYL A. MORRISON and DONALD F, MORRISON ERTY (") ,...., ~ "'" c ~ -"~" -0\:; ~,.. --4 CIJ'C;-' c: if.,:JJ <:P -0',;; 'rj":') ::.nC? ~ N OL __...-iLl. ~ :;-r_~"~i .' ::% ,') -- ~~~~ -;...",0 'i? "(5 f1i ~ .-\ N Jb ;r:;- '-< GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr, Attorney I.D,#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215,627,1322 Attome for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 AMQ-0041 CF: 10/31/2003 SD: 09/07/2005 $124,124.98 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON DONALD F, MORRISON Mortgagor(s) and Record Owner(s) Term No, 03,5729 305 RaymonAve Boiling Springs, P A 17007 Defendant( s) THE UNITED STATES OF AMERICA CERTIFICATE OF SERVICJ!j; PURSUANT TO Pa.R.c.P. 3129.2 (llill Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: H ( ) Personal Service by the Sheriff's Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr, (original green Postal return receipt attached). Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr" Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendlmt(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult {copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached), ( ) Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A, Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties pr Section 4904, ~ Certified Mall Provides: . A mailing ,ecelpt . A unique Identlfler for your mallplece . A record of delivery kept by the Postal SelVlce for two years Important Rem/nors: . Certified Mall may ONLY be combined wirh First-Class Mal!$ or Priority MailQll. . Certified MaIlls not available for any class of international mail. . NO INSURANCe COVERAGE IS PROVIOED with Certified Mail. For valuables. please consider Insured or Registered Mall. a For an additional fee. a Return Receipt may be requested to provide proof of delivery. To obtain Aetum Recelp1: S8MC8, please complete and attach a Return Receipl (PS Form 3811) to the article and add applicable postage tEl cover the fee. E"ndorse maiIpiece qReturn A~ Aequestedq. To receive a fee waIVer for a duplicate retum receipt, a USPs. postmark on your Certified Mail receipt is required. . For an additional fee, delivery may be restric:ted fo the addressee or addressee's authorized agynt Advise the clerk or mark the mallpiece with the endorsement ~RestrictedDeJivery". . If a wstmark on the Certified Mail receip1 is desired, please present 1he arti- cle at the post office for postmarking. It a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Savelhl. re.elpland pre.ent It when making an inquiry. Inlernela..e..10 delivery InlormaUon is not available on mail addressed to APO. and FPOs. (B&l9A9l:f) Z()(2wnr 'OOBt WlO::I Sd . r'1 CJ .D IT' ~d Service"" ED N#AIL, RECEIPT 11 Only; "In ranee Coverage Provided) . II ~ Iii I!~ IH i. "" II dJ ;! It ;: Ufl;'}~;iI:ul.J11~_'J.'Uf"'~.', , liH1A L J::t6ge :J~a:i_,. ~> ,oF"" Y'iJS",~\~ :3,ptFea & ~ 'I ' ~:::;~~ 4. 4 2 ~~1~~7 ~'1to 'jY ",,&F... $ - 041<9P W d80tJ, DON,~LD r. J ),~ii.i"~;'h'~~~lm~.gr1*~s.::::::~:~::::~:2:?:~2::j .' iiP;:;jn____.~_________..~~__nnn~~uuun IT' U1 f'- IV '"" Cl Cl R Cl '" (' ,~ r ,~ C fist )[ .1, f ,d{ " WW usps com USE r r' ro ,., L ...II; ,..'f:ot :'] 1 Sf 1. '" " c .. .1I/4 '. Certitied Malll'rOllldes: ("",eM") ""'. """r '00"' w,O; So '. A. mailing receipt 'Ii A unique identifier tor your mailpiece I. A record 01 del1VEll'y kept by the Po'.i\a\ Service for two years Important Reminders: II Certified Mail may ONt Y be combined with First-Class Mai~ or Priority MaHI!ll n Cerlified Mail is not available for any Class of international mail. . NO INSURANCE COVERAGE IS PROVIDED with Certified Mail, For valuables. plaase consider Insured or Registered Mall. . For an additional fee, a Return RBCB;pt may be requested to provide proof of delivery. To obtain Return Receipt serv1ce, ptease complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the tee. Endorse mailpiece >>Return Receipt Aequested~. To receive a fee waiver tor a duplicate return receipt, a USPs. postmark on your Certified Mail receipt is reqUired. . For an additional fee. delivery may be restricted to the addressee or addressee's authorized a~nt. Advise the clerk or mark the mallpiece with the endorsement HRestrictedDeliveryH. . If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking, If a postmark on the Certified Mall receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this re.eipt and present II when making an inquirv, Internet access to delivery information is not available on mail addressed 10 APOs and FPOs. SENDER: tOMPLETE TI'IIS SECTION , . . Complete items 1, 2. and 3. Also complete ~em 4 ff Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space pennits. 1. Article Addressed to: AMQ-00419/7 MORRISON, DONALD F. 305 Raymon Ave Boiling Spring, PA 17007 2. Artlde Number (1Isnsfer from -- /sI1eO, ., ' PS Form 3811, February 2004 ,. "l . LErE THIS SECTION ON DEUVERY A Sj~lnatare x c. Date 01 3, I ~ 'Registered D Insured Mall D C.O.D. 4. Re,rtrlcted DeIl\lelY'l (Extm Fee) 0'1\ 1111111 ~IIIII~III~ IUIIIIII ~1I11~111I1111111I1I11111I11111I111111.1I1~11111~ IIIIIIIIIII~IIIIIIIII ',- ";" Q (3 ~ '1 1 ~ Q .1iI. 8 8 1 2 7. S 9 9 6 8 1 Domestic Return ReceIpt 102595-( ~ITED STATES POSTAL SERVICE~.. r,.' i 1..,11., I,'. ~ ~~1'm&t'.., ",', I' H' .~" 'l H__.---' ,~.,- . , ".'1 "~ i $t ~:~1 ~,._ ,EennlfN'o. r.L4n..", I j,"'''''''''-''_'"''--' ~-, . Sender: Please print ~l!I\l1~~;': a1~~Q,K!-:":' Oo.lD ~~-- '!J~91( /01 ~O _ 'MeC _ PItI.~M~l~I'!,'R 'LtftJ~C7" ~.,. - PIy,t.{ Iy ~ --PI-/14 '/)~P€MCkE, 'P.cl ."9 -.tv.Di,.,-fV€,n, ',i'(~'" -'VC~ -,,- 1 t5:J.& ' 9!;1Vr, III.".. .11.. 11,1,1., ,,11.1.1,,1,,1...1,1., II.. 1.,11 ~,.~. . Complete ilems 1, 2, and 3, Also Item 4 W Restricted Delivery Is desired, . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mall piece, or on the front W space permits. 1. Article Addressed to: amq-00419/7 MORRISON, CHERYL A. 305 RaymoroAve Boiling Spring, PA 17007 LETE THIS SECTJON ON DEL/VERY ---'" 01 en -- .. ,t_ 3. Smvice Type IVI certified Mall 0 EXpress Mall ~I Registered 0 Return Receipt for Me Cllnsured Mall 0 0,0,0. 4, Restricted Dollvery? (Extra Fee) 0 2. Article Number trom_ 9 , PS Form 3811, February 2004 Domestic Return REIl~eipt 10259: ITED STATES POSTAl SERVICE 1III11 Flrst-cl8S8 Mall P08lllg6 & Fee. Paid USPS Permit No, G-10 . Sender: Please print your name, a(ldre~, and ZIP+4 in this box. GOI..D ~re ~;J!~C/( A.o~ 701 ;-"'YO ,.,,~C P~/~~9t;~d7''y ~M 'I11A. " t;p~,.. C/(F"c.- ""')1 1 -''1.0/2, ssll€; S10B." -Net; ~~ '9,;]1) , 9t;1v7:€~ i...IIi.,.i...lili,..I..,I.I.! iI ..~... -... SENDER' t-UMI-L"TE ulls SECTION . Complete items 1. 2. end 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space pennlts. 1. MIele Addressed to: AMQ-0041 9/7 Mo. I IIlot:..iZl JO/v THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 2, ArtIcle Number (Tl8nsfer frt>m__ PS Fonn 3811, FebruaJ)/ 2004 3. SeNlca Type l;l Cortl1led Malt 0 ExpJeso Mall o Registered D Return ReceIpt for Mere o Insured Mall 0 c.o.n, 4, Restricted Dellve1)'7 (ExtJa Fee) 0 YE 11m ~111~IIII~mIOOHlliH~IUn~MlIII~IIIIW II ~7QgS11egQQg127599Sgg~ Domestic Return ReceIpt. 1O;;>!iQ"'J I ITED STATES PoSTAl SERVICE \ !! " . ..11111 , , Firet-Class Mail Postage & Fees Peid I USPS Penni! No, G,10 . Sender. Please print your name, addrew, "nd ZIP+4 in this box. gQt-Ds, $r~ ;; - 'fig", 70 ~ "nr.;.. '~Me p- t MAi..~-M€- GAFrr: ,'ljl j(,.;."JIfE -1.L ",f 't!v;:Je(p .r $1"- 9NJII[.'/Ty ~M, 'J.ftq,p f.p~,.. ''CV~L- ,;II -'v.D<-'l.!;sVl'" 1511''$ . ',::Nc~ ">l? - -1SJli Cf."!r. - -..,. . 1 I 1<$ 1 I<u. 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"- !M ILri ~I ,.: I" I G; ;;j: Icri ~'" '" 0 ,~ I ~i5' E 0 1 IJ~ , ,cO .I' 0 lI) ::;: 0- <t: ~ z o en (( c:: o ::;: LL o -' ot Z o o cd z o en (( c:: o ::;: <i -' fr w :I: (J GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D,#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CNIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) Term No. 03-5729 305 Raymon Ave Boiling Springs, P A 17007 Defendant( s) AFFIDAVIT PURSUANT TO RULE :1129 WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action, by its attorney, Joseph A, Goldbeck, Jr" Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 305 RaymonAve Boiling Springs, P A 17007 LNarne and address ofOwner(s) or Reputed Owner(s): CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 2. Name and address ofDefendant(s) in the judgment: CHERYL A, MORRISON 305 Raymon Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Raymon Ave Boiling Springs, PAl 7007 THE UNITED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108,1754 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: U.S, DEPT. OF THE TREASURY PITTSBURGH OFFICE, ROOM 808 1000 LIBERTY AVENUE PITTSBURGH, PA 15222,9974 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, PA 17128,0946 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPAR1MENT OF PUBLIC WELFARE, BureELu of Child Support Enforcement Health and Welfare Bldg. ,Room 432 P,O, Box 2675 Harrisburg, PA 17105,2675 4, Name and address of the last recorded holder of every mortgage of record: P A HOUSING FINANCE AGENCY 211 N, Front Street Harrisburg, P A 17110 5, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6, Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale, 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, TENANT~OCCUPANTS 305 Raymon Ave Boiling Springs, P A 17007 (attach separate sheet if more space is needed) 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 I 8 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. DATED: August 10, 2005 Q ~ ~ c_ ~ :t", ::2'" ~ r..';.:-" ,,J,' p'\f: r~. .., \ '" ....,\"JJ - - ,:3~) -r U). tJ' - ':;l-r, (' .,,-~ -0 r,- ..:."::. ~""" ") ._~~~I~;~ '> om <:? ,"I ',," , ;l ~:..\ - ,.< .r;:- - GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs, CIVIL ACTION - LAW CHERYL A. MORRISON and DONALD F, MORRISON 305 RaymonAve Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE No, 03-5729 Defendant(s) MOTION TO MAKE RULE ABSOLUTE AND NOW, this Plaintiff, WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, moves to make a rule absolute for the following reasons: 1. Plaintiff filed a Petition to Amend Judgment on JULY 15. 2005. (True and correct copy attached hereto). 2. A Rule was issued by the Court with a return date of 20 days after service sent to defendant(s) AUGUST ro.2005. 3, Plaintiffs Affidavit of Service is attached her'eto. 4. No response to the Petition has been made. WHEREFORE, Plaintiff prays that the Court make the attached Order. \\ Resp~ Gary E. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs. CHERYL A. MORRISON and DONALD F, MORRISON 305 RayrnonAve Boiling Springs, P A 17007 Defendant( s) AFFIDAVIT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-5729 Gary E. McCafferty, Esquire" subject to the penalties of 18 P,S, Section4904, deposes and says that he is the attorney for the within named Plaintiff and that all the acts se orth within the attached a Motion to Make Rule Absolute are true and correct to the best of his SWORN TO AND SUBSCRlBED: Before me this .3 (filhay: Of tLu.'-;r,c,J/ ) ,'6f;-- , ~ f,J (" Notary Public , 2005 COMMONWEt-:I,::-f-,' OF p.; :NSYLVANIA NOTAF\..',,-, ~l_ \L KATHLEEN M. LION, Notary Public Cily of Philadelphia. Phila. County My Cc:nmission Expires MJY 14, 2008 y, Es ' GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 Plaintiff vs, CHERYL A. MORRISON and DONALD F, MORRISON 305 RaymonAve Boiling Springs, P A 17007 Defendant( s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No, 03-5729 AFFICA VIr OF SERVICE Gary E. McCafferty, Esquire" attorney for Plaintiff, being duly sworn according to law, hereby certifies that he did serve Defendants CHERYL A MORRISON and DONALD F, MORRISON, a copy of Plaintiff's Motion to Make Rule Absolute by first class mail to CHERYL A. ORRISON AND DONALD F, MORRISON on AUGUST 31, 2005 @305 Rayman 'ling Springs, P A 17007 and 150 I English Drive, Mechanicsburg, P A. SWORN TO AND SUBSCRIBED: Before me this 3fp-day: Of fluE d:l;[AA,A""l./~~ Notary Public , 2005 COMMONWE:AL T~_OF' PE,,JNSYLVANIA NOTARIAL SEAL KA THLEEN M (ION, Notary Public !' 'hiIJ, Countv My Cc:nmissloll t"'i-',..es May 14, 2008 GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty AttorneyI.D.#42386 Suite 500 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff -0 ~ ~ ~ = GJ1 --I ":-..... :r0- mp;! ""VGJ c:: ~~.I,:' en -om ZI;~ ,ot:( (f),-: rv So, "< ,,' -", e:c:: -0 is:!:. ~F; ~ ,~O (srn )>c 'l? --\ ~ 1" ?O ;;.:: -< ",,' WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs, TION OF MORTGAGE FORECLOSURE No, 03,5729 CERTIFICATION OF SERVICE OF RUL][ RETURNABLE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiffs Petition for Reassessment of Damages and Rule Returnable 20 dalYs after service ,was mailed by first class mail, postage prepaid to Defendant(s) CHERYL A MORRISON & DONALD F, MORRISON @305 Raymon Avenue, Boiling Springs, PAl 7007 and 150 I EngliS~ Drive, Mechanicsburg, P A on 01 AUGUST 10. 2005 ; Gary E, Mcraf . Sworn and subscribed to I me this It) Ad.. day of ClUjt.wJ/, 2005 4u://.# c:::. Notary Public COMMON'M!ALTH PENNSYLVANIA NOTARIAL L KATHLEEN M, liON, Notary Public City of Philadelphia, Phil.. County M Ccmmission Expires M 14,2008. COMMONWEALTH OF PEI'JNS'VLVANIA NOTARIAL SEAL KATHLEEN M, LION, Nctary Public Cily 01 Philadelphia, Phila, County My Cc:nmission Expires May ,,~, .'1"(1 GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATfORNEYSATLAW SUITE 5000 MELLON INDliPENDENCE CENTER 701 MARKET STREET PHlLADELPHIA, P A 19106 W\'\IW.GQLn8F.CKI.AW.COM August 10, 2005 DONALD F. MORRISON CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, PA 17007 And 1501 English Drive Mechanicsburg, PA RE: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 v. CHERYL A. MORRISON & DONALD F. MORRISON NO. 03-5729 Dear CHERYL A. MORRISON and DONALD F. MORRISON: Enclosed please find a copy of Plaintiffs Petition for Reassessment of Damages and Rule Returnable Date. Very truly yours, ~'ARY E. McCAF ~ GEM/mw RE: #0020277893 - CHERYL A. MORRISON and DONALD F. MORRISON GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 5000 MELLON lNDEPENDENCE CENTER 70 I MARKET STREET PHILADELPHIA, PA 19106 WWW.GOLDBECKLAW.COM August 10, 2005 PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE vs. CHERYL A. MORRISON and DONALD F. MORRISON NO. 03-5729 To the Prothonotary: Enclosed herewith please find an original and a copy of CERTIFICATION OF SERVICE OF RULE RETURNABLE with regard to the above-referenced matter. Kindly file the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed herewith. Very truly yours, ~-: GEM/mw Enclosure GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff ATTC. · DRNEY Opy WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON and DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 No. 03-5729 Defendant( s) RULE AND NOW, a rule is entered upon Defendant(s) to show cause why the relief requested in Plaintiff's Motion to Reassess Damages should not be granted. Rule returnable the day of ,. Date: J. USBC PAM - LIVE - V2.6 - Docket Report Page 1 00 \" CREDS, CLAIMS, 2002, 341Held U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:0S-bk-OOllO-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 01/07/2005 Donald F Morrison 47 Burwick Drive Mechanicsburg, PA 17050 SSN: xxx-xx-8561 Debtor represented by Steven P. Miner Metzger Wickersham Knauss and Erb 3211 North Front Street PO Box 5300 Harrisburg, P A 1711 0-0300 717238-8187 Fax: 717 234-9478 Email: spm@mwke.com Charles J. DeHart, III (Trustee) POBox410 Hummelstown, P A 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, P A 17108 (717) 221-4515 Asst. U.S. Trustee Filing Date # Docket Text 01/07/2005 1 Chapter 13 Voluntary Petition, Sch,edules A-J & Statement of Financial Affairs. Filing fee due in the amount of$ 194,00 filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison, (Miner, Steven) (Entered: 01/07/2005) 01/07/2005 Receipt of Chapter 13 Voluntary Pt:tition - case upload(1:05-bk- 00110) [caseupld, 1305u] (194.00) filing fee. Receipt number 827878, amount $ 194.00. (U.S. Tn:asury) (Entered: 01/07/2005) 01/07/2005 2 Matrix filed/Creditor List Uploaded Filed by Steven P. Miner of - Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison (RE: related document(s)]l). (Miner, Steven) (Entered: https://ecf.pamb,uscourts.gov/cgi-binJDktRpt.pl?35999}711193864-L 112J)..1_ ,,"'''/'lO{), ____ ----- USBC PAM - LIVE - V2.6 - Docket Report Page 2 of3 01/07/2005) 01/10/2005 .' Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 2/24/2005 at 09:00 AM. (BR) (Entered: 01/10/2005) 01/21/2005 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 3/1012005 at 09:00 AM. (DP) (Entered: 01/21/2005) 01/26/2005 1 Chapter 13 Plan Filed by Steven P. Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison (RE: related document(s)l). (Attachments: # 1 Affidavit # l Proposed Order) (Miner, Steven) (Entered: 01/26/2005) 01/26/2005 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 3/10/2005 at 09:00 AM. (BR) (Entered: 01/26/2005) 01/28/2005 1 Affidavit of disbursement of Trustee funds upon Dismissal and/or Conversion prior to confirmation of Chapter 13 Plan Filed by Steven p, Miner of Metzger Wickersham Knauss and Erb on behalf of Donald F Morrison. (Miner, Steven) (Entered: 01/28/2005) 01/31/2005 5- Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 311012005 at 09:00 AM Federal Blclg, Trustee Hearing Rm, Rm 1160, 11 th FI, 228 Walnut St, Harrisburg, P A Proofs of Claims due by 6/8/2005 Last day to Object to Plan Confirmation 7/8/2005 (DP) (Entered: 01/31/2005) 02/02/2005 Q. BNC Certificate of Mailing. (RE: related document(s).5.). Service Date 02/02/2005. (Admin.) (Entered: 02/03/2005) 02102/2005 1 BNC Certificate of Mailing. (RE: related document(s)5.). Service Date 02/02/2005. (Admin.) (Entered: 02/03/2005) 02/28/2005 ~ Request for Notice under 2002 Filed by Jeffrey K Garfinkle of Buchalter, Nemer, Fields and Younger on behalf of AmeriQuest Mortgage Company. (BR) (Entered: 03/0l/2005) 03/15/2005 9 Certification that 341 Meeting of Creditors Held (Ch. 13) on 3/10/05. (There is no image or paper document associated with this entry.). (dehart, III(ds), Charles) (Entered: 03/15/2005) 04/22/2005 10 Motion for Relief from Stay. Filing fee due in the amount of $ 150.00 Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf ofWM Specialty Mortgage LLC Without Recourse. (Attachments: # 1 Proposed Order # 2. Movant Payment History# 3. https://ecf.pamb.uscourts~ov/cgi-binlDktRpt.Jlm599937ll19.18M-L.82 0-1 _~j!''-IiJ~OO~ USBC PAM - LIVE - V2.6 - Docket Report Page 3 00 ." Certificate of Non-Concurrence) (Puida, Leslie) Modified on 4/25/2005 to correct name of credl:tor. (BW) (Entered: 04/22/2005) 04/22/2005 Receipt of Motion for Relief From Stay(1 :05-bk-0011O-MDF) [motion,mrlfsty] ( 150,00) filing fe:e. Receipt number 997666, amount $ 150.00. (U.S. Treasury) (Entered: 04/22/2005) 04/25/2005 11 Notice to Filing Party (L. Puida): **' The name of the Creditor in the docket entry and the image of the Motion are not the same. The Court will correct the docket entry to correspond with the image *' *'. (RE: related document(s)10 ). (BW) (Entered: 04/25/2005) 04/25/2005 12 Order (RE: related document(s)10), Answers are due on: 5/1 0/2005. Hearing scheduled for 5/18/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (BW) (Entered: 04/2512005) 04/26/2005 .u Certificate of Service to the Motionfor Relief from the automatic stay Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf of WM Specialty Mortgage LLC without Recourse (RE: related document(s)12, 10). (Puida, Leslie) (Entered: 04/26/2005) 05/16/2005 11 Order Granting Motion for Relief from Stay (RE: related document(s) 10). (BW) (Entered: 05/1612005) \ PACER Service Center I I Transaction Receipt I I OS/2612005 10:32:02 \ IPACER l~a0060 I Client Login: Code: 1:05-bk-00llO-MDF Fit or Enl; Description: Docket Search Fil Doc From: 0 Doc To: Report Criteria: 99999999 Term: y Links: n Formal; HTMLfmt BUlable D~10.J6 I PaRe.: https://ecf.pamb.uscourts.gov/cgi-binlDktRpt.pl?~9993 7J 11 !}~.L82Q",1_- ___5.j26/~U!l{U"____ IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff VS. No. 03-5729 CHERYL A. MORRISON and DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 Defendant( s) ORDER AND NOW, this day of , 2005, upon consideration of the Motion of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE to Reassess Damages, it is, ORDERED: That the motion is granted and Plaintiff's judgment is hereby reassessed to $143,227.75, plus interest and costs. BY THE COURT: J. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff r? '" ''''' 0 c::, c.n Ti -. .. <- r;-'; c:: ::;:J:n , , r- n1r:-- ~~'! -Of"! ~ .. Ul ~~6 ./,,: v ~I,~ _.c'~ '. -c~ :i~ c- "'-'::' r:~ ., ... ,J:>- -( en ..0 .!..- -< WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON and DONALD F. MORRISON 305 Raymon Avo Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE No. 03-5729 Defendant( s) THIS IS 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. PLAINTIFF'S MOTION TO REASSESS DAMAGES AND NOW, this Plaintiff, WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, petitions the Court to Reassess Damages for th.e following reasons: 1. Plaintiff's Complaint in Mortgage Foreclosun, was filed on October 27,2003. 2. On December 26, 2003, judgment in mortgage foreclosure was entered in favor of Plaintiff and against Defendants in the amount of $124,124.98, based upon the demand in Plaintiff's Complaint. 3, On January 07, 2005 Defendants filed a petition in bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania (No. 05-00110) which stayed further prosecution of Plaintiff's action in mortgage foreclosure. 4. By order of United States Bankruptcy Court dated May 16, 2005 Plaintiff was granted relief from the automatic stay imposed by the Bankruptcy Code. 5. Since the filing of the Complaint, interest has been accruing as have the escrow balance deficit and late charges under the terms of the mortgage contract involved. 6. Due to the stay of proceedings, Plaintiff's judgment is now insufficient to satisfy the amounts due and owing on the mortgage and the mortgage lien on the property in question. 7. Upon disposition of this motion and the scheduling of a Sheriff's Sale on September 07, 2005, the amounts due and owing on the mortgage will be as follows: Principal Balance $100,634.87 Interest from 5-1-03 thru 9-7-05 at 12.9000% Per diem interestrate at $36.13 $21,019.82 Late Charges per Complaint $2,080.27 Escrow Balance Deficit $6,708.36 Unpaid NSF Charges $68.50 Expenses Paid by AMC Mtg. Services, Inc. $1,241.78 F orec1soure Fees $3,175.00 Reconveyance Fee $19.00 Recording Fee $27,00 Sheriff's Fee $2,696.20 Property Inspection $10.00 SUB-TOTAL Suspense Balance $137,680.80 -$234.79 SUB-TOTAL $137,446.01 Costs of Suit and Title Search $5,031.74 $750.00 Attorney's Fee at 5.0000% of principal balance TOTAL $143.227.75 WHEREFORE, Plaintiff prays that the motion be granted and Plaintiffs Judgment be reassessed to $143,227,75, plus interest and costs. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - MeUon Independence Ceuter 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW CHERYL A. MORRISON and DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE No. 03-5729 Defendant( s) VERIFICATION Gary E. McCafferty, Esq., hereby states that he is the attorney for Petitioner within named and that all of the facts set forth within the attached Motion to Reassess Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands "'" tlw fure",i.g '''",",00," = """'" ,.bjoo' ,. "" ',:' p \ Esq. GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Allorney for Plaintiff IN TIlE COURT OF COMMON PLEAS WM SPECIAL IT MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON and DONALD F. MORRISON 305 Rayman Ave Boiling Springs, PAl 7007 No. 03-5729 Defendant(s) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff is entitled to the amounts due and owing on the mortgage contract at the time of the Sheriffs Sale of property involved. For reasons stated. in the within motion, Plaintiff's judgment in mortgage foreclosure is insufficient to compensate Plaintiff for the amount due and owing under the mortgage. Specifically, interest charges, the escrow balance deficit and late charges have all been accruing while Plaintiff's action in mortgage foreclosure was stayed by Defendant(s) bankruptcy petition. CONCLUSION For the reasons stated above and in the within petition, Plaintiff respectfully requests that the motion be granted and Plaintiff's judgment be reassessed to $143,227.75, plus interest and costs. y, Esquire GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON and DONALD F. MORRISON 305 Raymon Ave Boiling Springs, PAl 7007 No. 03-5729 Defendant( s) CERTIFICATION OF SERVICE Gary E. McCafferty, Esquire, attorney for Plaintiff hereby certifies that a copy of Plaintiffs Motion to Reassess Damages was mailed by first class mail, postage prepaid to Defendant(s) CHERYL A. MORRISON and DONALD F. MORRISON @305 RYMON Avenue, Boiling Springs, PA 17007 and 1501 English Drive, Mechanicsburg, PA 17055 on July 13, 2005. erty, Esquire GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation Attorney's at Law SUITE 5000 MELLON INDEPENDENCE CENTER 701 Market Street PHILADELPHIA, PA 19106-15n (215) 627.1322 fax (215) 627-7734 JOSEPH A. GOLDBECK, JR. GARY E. McCAFFERTY' MICHAEL T. McKEEVER' KRISTINA G. MURTHA' July 13, 2005 CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, PA 17007 And 1501 English Drive Mechanicsburg, PA DONALD F. MORRISON 305 Raymon Ave Boiling Springs, PA 17007 And 1501 English Drive Mechanicsburg, PA RE: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE vs. CHERYL A. MORRISON and DONALD F. MORRISON NO. 03-5729 Dear CHERYL A. MORRISON and DONALD F. MORRISON: Enclosed please find a copy of Plaintiffs Motion 110 Reassess Damages, the original of which has been duly filed of record with the Court. This Motion has been sent by first class postage-paid today, Wednesday, July 13, 2005. GEM/mw Enclosure RE: #0020277893 - CHERYL A. MORRISON and DONALD F. MORRISON GOLDBECK McCAFFERTY & McKEEVER A PROFESSIONAL CORPORATION SUITE 5000 MELLON INDEPENDENCI, CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 WWW.GOLDBECKLAW.COM (215) 627-1322 FAX (215) 627-7734 August 31, 2005 Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 RE: WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE vs. CHERYL A. MORRISON and DONALD F. MORRISON NO. 03-5729 Dear Sirs: Enclosed herewith please find an original and a copy of Plaintiff's Motion to make Rule Absolute with regard to the above-referenced matter. Kindly file the same of record with the Court and return a time-stamped copy in the self-addressed stamped envelope enclosed herewith. Very trul yours, ( GEM/mw Enclosures Cc: CHERYL A. MORRISON AND DONALD F. MORRISON 305 Raymd'iAvenue Boiling Springs, PA 17007 and 1501 English Drive Mechanicsburg, PA L, n .-',') ,~.;J , ,) ,:-:,r"l o ~ :;;:l . 4') i'11~ -Tl],,~ - ~ 1__) (/J \"1, '-) I 0' ~?: "'b ....<;, 0' - jRECEIVED SEP 082005 \,,\ GOLDBECK McCAFFERTY & McKEEVER BY: Gary E. McCafferty Attorney I.D.#42386 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cmnberland County Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE CHERYL A. MORRISON and DONALD F. MORRISON 305 RaymonAve Boiling Springs, PAl 7007 No. 03-5729 Defendant( s) ORDER (/. day of r._h../~ AND NOW, this I ~.----, 2005, upon consideration of the Petition of WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE to Amend Judgment and Motion to Make Rule Absolute, it is, ORDERED: That the Rule is hereby made absolute and the petition is granted and Plaintiff's judgment is hereby reassessed to $143,287.75, plus interest and costs. J. COURT: ~;) BY THE !~ ~,,~ .(jJ ~\~ o . "\;(';'l , Iv OS :3 tt\J 21 d3S SOul COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which WM Specialty Mtg LLC is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue of a writ Execution issued on the 7th day of June, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5729, at the suit ofWM Specialty Mtg LLC against Cheryl A Morrison & Donald F is duly recorded in Sheriffs Deed Book No. 271, Page 3389. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 31 day of OJ'T , A.D. JJ::J" co lY);thu 6. ~ I dLfu*'" ........"'~.Cumbet\IOIdClUtY.CIItIlIIt.~ R'tcorder of Deeds My~EIci*1Ilhe_MallcliIr"'_1IlIII , WM Specialty Mortgage LLC, Without recourse VS Cheryl A. Morrison and Donald F. Morrison The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5729 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 19,2005 at 9:35 o'clock AM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Cheryl A. Morrison, by making known unto Cheryl Morrison, personally, at 1400 Bent Creek Blvd., Apt. 200, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her 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 27, 2005 at 9:56 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: Donald F. Morrison, by making known unto Donald F. Morrison, personally, at 47 Burwick Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 11,2005 at 8:15 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 Cheryl A. Morrison and Donald F. Morrison, located at 305 Raymon Ave., Boiling Springs, 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 defendant, to wit: Cheryl A. Morrison, by regular mail to her last known address of 1400 Bent Creek Blvd., Apt. 200, Mechanicsburg, PA 17055. This letter was mailed under the date of July 20, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to the within named defendant, to wit: Donald F. Morrison, by regular mail to his last known address of 47 Burwick Drive, Mechanicsburg, P A 17055. This letter was mailed under the date of July 20, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 5, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for WM Specialty Mortgage LLC, without recourse. It being the highest bid and best price received for the same, WM Specialty Mortgage LLC of 505 City Parkway West, Suite 100, Orange, CA 92868, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$849.11. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Postpone Sale Share of Bills Distribution of Proceeds Sheriffs Deed $ $30.00 16.65 15.00 15.00 30.00 10.00 1.00 19.20 3.46 15.00 30.00 293.00 268.10 20.00 18.20 25.00 39.50 849.11 Sworn and subscribed to before me This qE day of ~~~ 2005, A.D. (i!l.~ ProthornJt1it:y - -d So Answers: ~ ~/'?/ .A u ~ ~,,--... R. Thomas Kline, Sheriff ByJec1'i jh'LA-t ~ Real Estate ergeant pI.... cvP c1> 30 ~ j,O-V tk. S'/ {, (,7 ~j /10 W. . Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff WM SPEClALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW CHERYL A. MORRISON DONALD F. MORRISON (Mortgagor(s) and Record Owuer(s)) 305 Raymon Ave Boiling Springs, P A 17007 ACTION OF MORTGAGE FORECLOSURE Defenda11t(s) No. 03-5729 THE UNlTED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 WM SPECtAL TY MORTGAGE LLC, WITHOUT RECOURSE, Plaintiff in the above action. by its attorney, Joseph A. Goldbeck, Jr., Esquire. sets forth as of the date the praecipe tor the writ of execution was filed the following information concerning the real property located at: 305 Rayman Ave Boiling Springs, PAt 7007 I.Name and address ofOwner(s) or Reputed Owner(,): CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 2. Name and address ofDefendant(s) in the judgment: CHERYL A. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 DONALD F. MORRISON 305 Rayman Ave Boiling Springs, P A 17007 THE UNlTED STATES OF AMERICA Suite 217, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and lasI known address of every judgment creditor whose judgment is a record lien on the property to be sold: U.S. DEPT. OF THE TREASURY PITTSBURGH OFFICE. ROOM 808 1000 LIBERTY AVENUE PITTSBURGH, P A 15222-9974 BUREAU OF COMPLIANCE Dept. 280946 Harrisburg, P A 17128-0946 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: P A HOUSING FINANCE AGENCY 211 N. Front Street Harrisburg, PAt 711 0 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTSiOCCUP ANTS 305 Rayman Ave Boiling Springs, P A 17007 (attach separate sheet if more space is needed) 1 verify thaI 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. GOLDBEC BY: Joseph ec Attorney for Plaintif4 \ DATED: May 26. 2005 .. 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck. Jr. Attorney lD.#t6132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia. P A 19106 2tS-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Raymon Ave Boiling Springs, PAl 7007 THE UNITED STATES OF AMERICA Term No. 03-5729 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON, CHERYL A. CHERYL A. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 Your house at 305 Raymon Ave, Boiling Springs, P A 17007 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$124,124.98 obtained by WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 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: I. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's rees due. To find out how much you must pay call: 215-627-1322 , 03-5729 2. You may be able to slop tbe sale by liling a petition "king the Court to strike or open judgment, if the judgment was improperly entered. Yau 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 below 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 NOT 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 price by calling the Sheriff of717-240-6390. 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 the Sheriff of7t 7-240-6390. 4, lfthe 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 lor your house will be filed by the Sheriff within thirty (30) days from the date of the Sheritfs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 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. LEGAL SERVICES mc 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 . 03-5729 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon tndependence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE IN THE COURT OF COMMON PLEAS 505 City Parkway West Suite 100 of Cumberland County Orange, CA 92868 Plaintiff CIVIL ACTION - LAW vs. CHERYL A. MORRISON DONALD F. MORRISON Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 305 Raymon Ave Boiling Springs, P A 17007 THE UNITED STATES OF AMERICA Term No, 03-5729 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MORRISON, DONALD F. DONALD F. MORRISON 305 Raymon Ave Boiling Springs, P A 17007 Your house at 305 Rayman Ave, Boiling Springs, PAl 7007 is scheduled to be sold at Sheriffs Sale on Wednesday, September 07, 2005, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$124,124.98 obtained byWM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sherift's Sale you must take immediate action: 1. The sale will be cancelled if you pay to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE, the back payments, late charges, costs and reasonable attorney's fees due. To t1nd out how much you must pay call: 215-627-1322 03-5729 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE. ]. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff 01717-240-6390. 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 [md out if this has happened, you may call the Sheriff 01717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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 Sheritfwithin thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days aller the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately aller 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 .> TAX PARCEL NO. 40-28-2100-046 ALL THAT CERTAIN tract and parcel of landj together with the improvements located thereon, situate in South Middleton Townshipl Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the corner of Raymon AVenue and the land now or formerly of Ira W. Miller; thence along the land of said Ira W. Miller, North 78 degrees 29 minutes 50 seconds Sast 172.36 feet to a point, a corner of Lot No.3 on the hereinafter mentioned Plan of Lots; thence along said Lot No. 30, South 20 degrees 44 minutes 10 seconds East 116.83 feet to a point, a corner of Lot No. 24 on the hereinafter mentioned Plan of Lots; thence along said Lot No. 24, South 78 degrees 29 minutes so seconds West 189.Q8 feet to a point in the Eastern side of said Rayman Avenuei thence along the Eastern side of the said Rayman Avenue, North 12 degrees 30 minutes West 11B.61 feet to a point, the place of BEGINNING. BEING Lot No. 23 on the Plan of Lots of Mrs. Ellen E. Shughart Miller, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 18, Page 75i and being improved with a brick and aluminum ranch type dwelling house. ~ ) ~'ooR1Sf33~a~~ t~OO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) . COUNTY OF CUMBERLAND) N003-5729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM Specialty Mortgage LLC, Withont Recourse, 505 City Parkway West, Suite 100, Orange, CA 92868 Plaintiff (s) From Cheryl A. Morrison Donald F. Morrison 305 Raymon Ave., Boiling Springs, PA 17007 (I) You are directed to levy upon the property of the defendant (s)and to sell see legal description (2) (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 gamishee(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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$124,124.98 L.L. Interest Atty's Comm % Atty Paid $1651.64 Other Costs Due Prothy $1.00 Plaintiff Paid Date: June 7, 2005 CURTIS R. LONG (Seal) Prothonotary By: ~;'a. r .~/~ C}j Deputy REQUESTING PARTY: Name Joseph A. Goldheck, Jr. Address: Suite 5000 -Mellon Independence Center 701 Market Street, Philadelphia, PA 19106-1532 Attorney for: Plaintiff Telephone: 215-627-1322 Supreme Court ID No. 16132 Alndaq alUlsg 113a1{ lrllW1S lrypZrr :Aa ~oO(; 'sr aun[ :al13G .U!alaq pal13lOWO:>U! a:>ualaJal S!ql Aq pUB l!.lM S!ql ql!M pam "Y" l!q!qxg uo paq!l:>sap AnnJ alOUl 'S13U!ldS 13U!I!OH '.aAY UOUlA13"M ~Ot S13 palaqUlnu pUB UMOU)! ~ ~ Yd 'AlUno:) pU13paqUln:) 'd!qSUMO.l uOlaIPp!w qlnoS U! pal13t1l!S A:j.IadOld IBal aql U! lSalalU! s,lU13puaJap aql uodn pa!AaJJJ!laqs aql ~OOZ '0 aun[ uD Z9# aIBS al13lsg 113a"M 8E:j d 8- Nnf ~DDl /d 'Aii;I:J :UIlBHS :! 11 .'U ',I,,' '....':'.";' '. U.: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 Joseph A. Dennison, being duly swom 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 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 S ALE #62 ,. Sworn to and subscn efo# 16th day of A NOTARY 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 268.10 REAL ESTATE SALE No. 62 Writ No. 2003-5729 Civil Term WM SpecIalty MOrlg1lge LLC, wllhout recourse Va Cheryt A. Morrison ""d Donald F. MorrIson Ally: Joseph Goldbeck DESCR\Pl1ON AlL 1lIAT CERTAIN ttaCt '!lid pan:<:I of land, ..gedIerwiththe~ulocat<dthereon, sitwote in South Mi~ Thwnsbip, CUmbeliand County, r-ylV3llia; bounded '!lid de-scribed as ~: BEGINNING at a point at the~ ofRaymon Avenue and the land now or funnedy of Ira W. Miller; thence along the land of said ha W. Mill.., Nonh 78 deg= 29 mill"'" 50 se<oods East 11236feet to a polnt,a comer of Lot No. 3 on the he<cinafto-~P1anofl.olS;theorealoog said Lot No. 3O,SooIh 2tl degrees 44 minutes 10 secoodsEast 116.83 feet to a point,aCQ[[le(ofLot No. 24 on the hcreinaftermentioned Plan of Lots: thence along said Lot No. 24, South 78 degrees 29 minutes 50 seconds West 189.{18 feet to a point in the Eastem side of said Raymon Avenoe; thence aIong the Eastern side of the said RaymonAv..","" North 12 degrees 30 minuteS West 118.61 feet to a point,theplllceofBEGINNING. BEING Lot No. 23 00 the Pbo of Lou of Mrs. ElIenE.SllllgbartMiller,asre<<lf\led in the Office of the _ ofIleeds for CwnbeI\and CO'""y in Plan Book 18. Page 75; and being improved with a brick and alwninum ranch type dwelling hoose. Tax ParrelNo.40-28.21(X)..{)46, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND 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. \. r- SWORN TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NO SEAL lOIS E. SNYDER, Notary Public C a!~sle Boro, Cumberland County MV Commission Expires March 5, 2009 REAL ESTATE SALE NO. 62 Writ No. 2003-5729 Civil WM Specialty Mortgage LLC, without recourse VS. Cheryl A. Morrison and Donald F. Morrison Atty.: Joseph Goldbeck TAX PARCEL NO. 40-28:2100- 046. ALL THAT CERTAIN tract and parcel of land, together with the improvements located thereon, situ- ate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the cor- ner of Rayman Avenue and the land now or formerly of Ira W. Miller; thence along the land of said lra W. Miller, North 78 degrees 29 minutes 50 seconds East 172.36 feel to a point, a corner of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence along said Lot No. 30, South 20 degrees 44 minutes 10 seconds East 116.83 feet to a point, a cor- ner of Lot No. 24 on the hereinafter mentioned Plan of Lots: thence along said Lot No. 24, South 78 degrees 29 minutes 50 seconds West 189.08 feet to a point in the Eastern side of said Rayman Avenue; thence along the EasLem side of the said Raymon Avenue, North 12 degrees 30 min- utes West 118,61 feet to a point, the place of BEGINNING. BEING Lot No. 23 on the Plan of Lots of Mrs. Ellen E. Shughart Miller, as recorded in the Office of the Re- corder of Deeds for Cumberland County in Plan Book 18, Page 75; and being improved with a brick and aluminum ranch type dwelling house. Book 1683 Page 250. . Assi!wment of Bid NO. 03-5729 - MORRISON 305 Raymon Ave Boiling S1Jrings, P A 17007 I, Joseph A. Goldbeck, Jr., Esquire, hereby assign my bid at the Sheriff Sale dated October 05, 2005 to WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE 505 City Parkway West Suite 100 Orange, CA 92868 GOLDBECK MCCAFFERTY & MCKEEVER ;?'r~- JOSEPH A. GOLDBECK, JR. Date: October 7, 2005