Loading...
HomeMy WebLinkAbout08-2714 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No 08- n4 Giv?l te-r%,, vs. COMPLAINT IN CIVIL ACTION HELEN M MCCURDY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06467256 C N Pit SMI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. HELEN M MCCURDY Defendant Civil Action No COMPLAINT AND NOTICE TO DEFEND 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 this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: HELEN M MCCURDY 1650 RITNER HWY SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX1301 4. Defendant made use of said credit card and has a current balance due of $4723.51 , as of March 19, 2008 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 29.200% per annum on the unpaid balance from March 19, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , HELEN M MCCURDY , INDIVIDUALLY , in the amount of $4723.51 with continuing interest thereon at the rate of 29.2001 per annum from March 19, 2008 plus costs. James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pitts r h, PA 15219 (412) 43 -7955 FAX: 41 -338-7130 0646 2 6 C N Pit SMI This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. 5 T O -?o C o m G, O 8 m =?2? ' rs ? a O -no- ml r • ?n 3 P p N 7 ' - p a W - • Z O 01 F N O N m P b N W ? y n ? ? n ? Z c N HNf O ° ? 3 i W 5 ? W -? za W m ?AH3 j $ 1 b D 4 = wz 3[« V - S5 7 M- n A & a In 4% O 1 y? EC a«r 3 W y? -? ti R N N S ?' r lil V Oe W m n r m O O o ir e (? S w W m - c N m i A - P O ? - F w 0 N m ® 0 ? g apt x xg ZA2o S sa> > m mod mmm s N 8888 4? a W w O Q o ? M O n V m gn ? xyQ ?$ a F m 3Xb V ! o 3 z IC or g g. V 3 I- z CA O s 4 s a VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs MCCURDY, HELEN M The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank, Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of histher knowledge, information and belief. TRACY TAYLOR Notary Public r? - AA?,??f6 ., 4862362578581301 A D49 WELTMAN, WEINBERG & REIS CO., L.P.A. p r ,? -603.. a oa 9-31 cr O a WC J a r.., czn `_' no tai ._ ti J r.r.? z._! O SHERIFF'S RETURN - REGULAR CASE NO: 2008-02714 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONEIBANK USA N A VS MCCURDY HELEN M MARK CONKLI , Sheriff or Deputy Sheriff of Cumberland C unty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCCURDY HELE M the DEFENDANT at 1650 RI SHIPPENSBU at 0009:55 HOURS, on the 3rd day of May 2008 ER HWY PA 17257 HELEN MC DEFENDANT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 17.00 Affidavit .00 Surcharge 10.00 00 307 bP- ? 45.00 Sworn and Su scibed to before me this day of , So Answers: R11-Thomas Kline/ 05/05/2008 WELTMAN WEINBERG & REIS By. D u y Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. HELEN M MCCURDY Defendant No. 08-2714 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06467256 LXR Judgment Amount $ 4997.31 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN T14E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-2714 CIVIL TERM HELEN M MCCURDY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, HELEN M MCCURDY above named, in the default of an Answer, in the amount of $4997.31 computed as follows: Amount claimed in Complaint $4723.51 Interest from MARCH 19, 2008 TO JUNE 90, 2008 at the legal interest rate of 29.200% per annum $273.80 TOTAL $4997.31 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JAMES C ?ROIT, ESQUIRE PA I.D.#4 24 Weltman e' berg & Reis Co., L.P.A. 2718 K pers ldg. 436 Se enth venue Pittsb gh, A 15219 (41 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1650 RITNER HWY SHIPPENSBURG,PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-2714 CIVIL TERM HELEN M MCCURDY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J dgment was entered against you on ! 7.OD$ (xx) Assumpsit Judgment in the amount of $4997.31 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PRO ONOT HELEN M MCCURDY 1650 RITNER .HWY SHIPPENSBURG,PA 17257 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7a` Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff HELEN M MCCURDY Defendant(s) IMPORTANT NOTICE TO: HELEN M MCCURDY 1650 RITNER HWY SHIPPENSBURG,PA 17257 Date of Notice: OG I ld ob WWR#: 06467256 Case # n?)- aI l4 CIVIL I @Rm 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ?Q_ 1'l(JV??cl?J ?OO tJ ctii.of- BY: PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. HELEN M MCCURDY Defendant Case no: 08-2714 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, HELEN M MCCURDY is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, HELEN M MCCURDY is not in the military service. Further Affiant sayeth naught. SWORN TO AND S>J SCR?bED in my presence this _J day COMMONWEALTH OF PENNSYLVANIA _ Notarial Seat Y PUB Wayne A. Jones, Notary Public City Of Ptsbu-rli AlDegheny County My Ccmrnssioo Cxpires June 28, 2010 Member, Pennsyivania Association of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. LXR Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act JIJN-3 0-2008 11:16:45 < bast Name First/Middle Begin Date Active Duty Status Service/Agency M.CCURDY HELEN Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Auk r?. ,t?«e,-.cam,.. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: hhtt ://www.defenselink.mil/faq/pis/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/30/2008 LXR by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:XSNGOBLPCW https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/30/2008 Sheriff s Return Page 1 of 1 Shields, Samantha From: webmaster. pro@county.allegheny. pa. us Sent: Monday, June 30, 2008 2:17 PM To: Shields, Samantha Cc: promaii@county.allegheny.pa.us Subject: Sheriff Return For :Patricia L. Felix(AR-08-008154) SHERIFF'S RETURN Case#: Case Description: Defendant: Writ Description: Requested Method of Service: SERVICE INFORMATION: Service Address: Served on: Served By: Service Result: Service Comments: AR-08-008154 Chase Bank USA N.A. vs Felix Patricia L. Felix Complaint Personal 3080 Felix Drive SOUTH PARK, PA 15129 Monday, June 30, 2008 Joe Thomas Served - Defendant(s) Personally Served NONE More information can be obtained by clicking on Service history of this case. Service History LEGAL DISCLAIMER Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, forwarding, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Any questions should be directed to Allegheny County Help Desk at 412-350-HELP (412-350-4357) or e-mail HelpDesk@AlleghenyCounty.US 6/30/2008 rk l'? w -rr 1-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. HELEN M MCCURDY Defendant No. 08-2714-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT and LEVY) BELCO COMMUNITY CREDIT UNION WOODFOREST NATIONAL BANK PNC BANK, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6467256 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 08-2714-CIVIL TERM HELEN M MCCURDY -1650 Ritner Hwy, Shippensburg Pa 17257 Defendant BELCO COMMUNITY CREDIT UNION- 3500 Trindle Rd, Camp Hill, Pa 17011 WOODFOREST NATIONAL BANK- 100 S Conestoga Dr, Shippensburg Pa 17257 PNC BANK, - 2 W Pine St, Mt. Holly Springs Pa 17065 Garnishee PRAECIPE FOR WRIT OF EXECUTION Levy on all of Defendant's Property TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against HELEN M MCCURDY, Defendant 3. against BELCO COMMUNITY CREDIT UNION, WOODFOREST NATIONAL BANK & PNC BANK, Garnishee 4. Judgment Amount $ 4997.31 Interest $ 102.68 Costs $ SUBTOTAL: $ 5099.99 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?• William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6467256 r Q W -4(L ilk go ?w cn o -o t p t, i . t? :-C. Tom' J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2714 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From HELEN M. McCURDY, 1650 Ritner Hwy, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell all of Defendant's property (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: BELCO COMMUNITY CREDIT UNION, 3500 Trindle Rd, Camp Hill, Pa 17011 WOODFOREST NATIONAL BANK, 100 S. Conestoga Dr., Shippensburg, PA 17257 PNC BANK, 2 W. Pine Street, Mt. Holly Springs, PA 17065 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,997.31 Interest -- $102.68 Atty's Comm % Atty Paid $150.50 Plaintiff Paid Date: 12/30//08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curtis R. Lo 0 onot By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 Supreme Court ID No. 47437 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02714 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS MCCURDY HELEN M And now NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:00 Hours, on the 8th day of January , 2009, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , MCCURDY HELEN M in the hands, possession, or control of the within named Garnishee WOODFOREST NATIONAL BANK 60 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to TRAVIS LEHR (ASST BRANCH MANAGER personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His true and made Sheriff's Costs: So? Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 01/12/2009 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D x V SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02714 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS MCCURDY HELEN M And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:51 Hours, on the 8th day of January , 2009, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MCCURDY HELEN M hands, possession, or control of the within named Garnishee PNC BANK 105 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KIMBERLEE BOROSKY (TELLER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this , in the true and made So answers: .00 .00 rpowoa?? .00 R. Thomas Kline .00 Sheriff of Cumberland County vv 01/12/2009 day of B Y Y Deputy Sheriff A.D C= s.. w SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02714 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS MCCURDY HELEN M And now TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0016:05 Hours, on the 5th day of January , 2009, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , MCCURDY HELEN M , in the hands, possession, or control of the within named Garnishee BELCO COMMUNITY CREDIT UNION 3500 TRINDLE RD CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to REBEKAH NICHOLSON (BRANCH SPECIALIST personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this true and made So a s .00 .00 .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 00 01/12/2009 day of By zt - 7 /P- uty She iff A.D C C= -V t- nit;,. x r1l 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 08-2714 CIVIL TERM vs. PRAECIPE FOR JUDGMENT AGAINST GARNISHEE (AS TO BELCO COMMUNITY CREDIT UNION ONLY) HELEN M MCCURDY Defendant BELCO COMMUNITY CREDIT UNION WOODFOREST NATIONAL BANK PNC BANK Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06467256 -""" ou -Y'/o9 Gt$ It, I , ?" A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. HELEN M MCCURDY Defendant BELCO COMMUNITY CREDIT UNION WOODFOREST NATIONAL BANK PNC BANK Garnishee Civil Action No. 08-2714 CIVIL TERM PRAECIPE FOR JUDGMENT AGAINST GARNISHEE TO THE PROTHONOTARY: Kindly enter Judgment against the Garnishee, BELCO COMMUNITY CREDIT UNION *5ee bay 4'?d£', in the amount of $4697.31, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories. WELTMAN, WEINBERG & REIS CO., L.P.A. r" --, &? By: ( /W' `' WILLIAM T. MOLCZAN, ESQUI PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06467256 I hereby certify that the address of the Plaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 3500 TRINDLE ROAD, CAMP HILL, PA 17011 ?! C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff V5. HELEN M MCCURDY Defendant BELCO COMMUNITY CREDIT UNION WOODFOREST NATIONAL BANK PNC BANK Garnishee Belco Community Credit Union 3500 Trindle Road Camp Hill, Pa 17011 Civil Action No. 08-2714 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $4697.31 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( } Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary 1171 16uQ. By: OTH Y OR DEPUTY) . , .. P DATED: WWR#6467256 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. HELEN M MCCURDY Defendant and No. 08-2714-CIVIL TERM Answers io INTERROGATORIES IN ATTACHMENT BELCO COMMUNITY CREDIT UNION WOODFOREST NATIONAL BANK PNC BANK Garnishee FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REiS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6467256 voc G4(972 q, ~ 4 A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. HELEN M MCCURDY Defendant and BELCO COMMUNITY CREDIT UNION WOODFOREST NATIONAL BANK PNC BANK Garnishee Civil Action No.: 08-2714-CIVIL TERM TO: BELCO COMMUNITY CREDIT UNION Suggested Reference No.: XXX-XX-4267 WOODFOREST NATIONAL BANK PNC BANK RE: HELEN M MCCURDY 1650 RITNER HWY SHIPPENSBURG PA 17257 HAPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. .- . ,, 0 V . INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? VND I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. \ , 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? I(S 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? \?C 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? 00 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? ?O 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. f)O 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. nD WELTMAN, WEINBERG & REIS CO., L.P.A. By. f Ir William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6467256 • . . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is P LO%afAX tlir n (2-ap of &Vp Can Ln CA Mj F-( 1, farnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. I'll War ArJA ( NATURE) `=- _ - ? SEI r C7 -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 08-2714 CIVIL TERM VS. PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE BELCO COMMUNITY FEDERAL CREDIT UNION ONLY HELEN M MCCURDY Defendant BELCO COMMUNITY FEDERAL CREDIT UNION Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 William T. Molczan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06467256 .1? -. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. HELEN M MCCURDY Defendant BELCO COMMUNITY FEDERAL CREDIT UNION Garnishee Civil Action No. 08-2714 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO THE GARNISHEE BELCO COMMUNITY FEDERAL CREDIT UNION ONLY TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above captioned matter upon the records of the Court and mark the cost paid as to Garnishee, BELCO COMMUNITY FEDERAL CREDIT UNION, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By: J.M Jamt PA Wil, Esquire PA.WEBERG & REIS CO., L.P.A. 140ing 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06467256 Sworn to and sub ibed . Before me the _ COMMOHwE.ALTH OF PENN_ _ VOTARY ri Notarial SM public ;nns di J. ?e1N AN,,Wy courly City ()f pMs M E) NOS. 4 w -? " corniWor, 4,1,111 Association of Not PU my Q TH E pR T 7 ?10 iAPY, 2009 MA Y I 1 PH 2: 5 7 *%. cc> Po AM C,0 4 4SLO3a8 W* OU 4908 Jun. 4. 2009 1;45PM ))'?No.389 P. 7/9 ?? o rah Mau IN`I' RRQGATORIIMS IN ATTACHMII+NT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or id he claim that you owed him any money or were liable to him for any reason? N Ia. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to dohndant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. P J)k 2. At the time you were served or at any subsequent time was them In weed solely ssiin,part by the control of yourself and one or more other persons any property of any natum defendant. ?0 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 00 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? PC). 5. ar time pursuant to your dbudonsororcoconsenid the Ef so what was the cons d rratiioon pthe a?P to you or to any parson o place P go 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise diecWge any claim of the defendant against you? 0 1? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on it recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each emption and the entity electronically depositing those funds on a recurring basis. 11 ?l Jun. 4. 2009 1:45PM No. 3894 P. 8/9 8. If you are a bank or other financial Institution, st the time you were served or at any subsequent time did the defendant have f4ads on deposit in an account in which the fimds on deposit, not including any otherwise exempt Hands, did not w=W the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. W13LTMAN, WEINBBRC3 & REIS CO., L.F.A. By. Will . Mo azan, re PA I.D. #47437 WEMMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenuo Pittsburgh, PA 15219 (412} 4347955 W WR#6467256 Capital One Bank VS. Helen M McCurdy Case No. 08-2714 VERIFICATION I, d hereby state that the facts above set forth are true and correct to t e best "oofmmyy knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unworn falsification to authorities). Date: _ By: Ch s A. Vernon Sr. Vice President Woodforest National Bank 25231 Grogan's Mill Rd., Suite 440 The Woodlands, TX 77380 832-375-2828 - Phone 832-375-3828 - Fax STATE OF TEXAS COUNTY OF MONTGOMERY Be a me, the and signed authority 'eers?onally appeared Charles A. Vernon on the _ day of o" k t\61'and stated that the foregoing is of their personal knowledge and is true and correct. NOTARY PUBLIC AND FO E Meliss?`A.Wolff Public STATE OF TEXAS ?s"AV Nory * State d Texas es 01-11-2011 Commission EcPir TE OF ; ; - Fl! ,JF At FT+ f' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. HELEN M MCCURDY Defendant WOODFOREST NATIONAL BANK Garnishee No. 08-2714 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE WOODFOREST NATIONAL BANK ONLY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C Warmbrodt, Esquire PA LD #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06467256 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. HELEN M MCCURDY Defendant WOODFOREST NATIONAL BANK Garnishee Civil Action No. 08-2714 CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE, WOODFOREST NATIONAL BANK, ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, WOODFOREST NATIONAL BANK, only, upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscribed Before me the Day of July 2009. Y By: James C War b •odt, Esquire PA I.D #425 4 WELTMA INBERG & REIS CO., L.P.A. 1400 Kopp rs uilding 436 Seven venue Pittsburg , A 15219 (412)43 955 WWR#06467256 COMMONWANIA i Seel wrim p A. 0JWW, *, AVMO*"Y c of June 26, 2oto my u Merr?W, on OF THE PROTHONOTARY 2009 AUG t8 A'9: Liu- PE: pp A'ITN 4POSI3 ?- aaq 3101 a iJ- TI-` Capital One Bank USA VS 21A, 91ItOV 12 A I I ?r Helen McCurdy Writ of Execution Docket No. 2008-2714 r R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDED. No action has been taken in the last six months. Sheriff's Costs: Docketing $18.00 Surcharge 70.00 Garnishee 27.00 Levy 60.00 Mileage 17.10 Law Library .50 Prothonotary 2.00 Poundage 3.89 $198.49 So Answers: R. Thomas Kline, Sheriff BY 11; erge `.o C,4 1.295 del X13 3 5/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which CSMC ARMT 2006-3 TR is the grantee the same having been sold to said grantee on the 7TH day of OCT A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 2949, at the suit of CSMC ARMT 2006-3 TR against LEONARD HEDRICK JR & BONNIE is duly recorded as Instrument Number 200938333. IN TESTIMONY WHEREOF, I have hexeunto set my hand and seal of said office this --? day of , A.D. ae Ala of Deeds Awu* d f3 aft Cumbarand County, Cuficfe, PA My Cmwission Expires the First fly of Jan. 2010 F! Ems- 40 f' In the Court of Common Pleas of Cumberland County, Pennsylvania 2099 NOY -5 AM 10: 16 Writ No. 2008-2949 Civil Term US Bank National Association, As Trustee for CSMC ARMT 2006-3 Vs Leonard Hedrick, Jr. and Bonnie Hedrick William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1515 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Leonard Hedrick, Jr. and Bonnie Hedrick, by making known unto Leonard Hedrick, Jr. and Bonnie Hedrick, personally, at, 109 Southside Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copy of the same. Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2009 at 0930 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of, Leonard Hedrick, Jr. and Bonnie Hedrick, , located at 10 East Street , Mt Holly Springs, Cumberland County, Pennsylvania according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Leonard Hedrick, Jr. and Bonnie Hedrick, by regular mail to their last known address of 109 Southside Drive, Newville, PA 17241. This letter was mailed under the date of April 2, 2009 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 7, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of US Bank National Association As Trustee, for CSMC ARMT 2006-3, of, 3476 Stateview Boulevard, Fort Mill, SC 29715 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 966.09 Sheriff's Costs: Docketing 30.00 Poundage 18.94 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 19.80 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 276.92 Share of Bills 15.43 Post Pone Sale 40.00 Distribution of Proceeds 25.00 Sheriff's Deed 49.50 966.09 ? © 9 `M So Answer, R. Thomas Kline, Sheriff By Real Estate Coordinator . a? c rz? 7 16 q /ec?.? 13 3 ?? SOU USA BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC APUMT 2006-3 V. Plaintiff, LEONARD HEDRICK, JR. BONNIE HEDRICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2949 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC ARMT 2006-3, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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,10 EAST STREET, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name LEONARD HEDRICK, JR. BONNIE HEDRICK Last Known Address (if address cannot be reasonably ascertained, please indicate) 109 SOUTHSIDE DRIVE NEWVILLE, PA 17241 109 SOUTHSIDE DRIVE NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name MERS AS A NOMINEE FOR ACT LENDING CORPORATION DBA ACT MORTGAGE CAPITAL MERS, INC. ACT LENDING CORPORATION DBA ACT MORTGAGE CAPITAL Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2026 FLINT, MI 48501-2026 3300 SE 34TH AVENUE, SUITE 101 OCALA, FL 34474 481 SAWGRASS CORPORATE PARKWAY, SUNRISE, FL 33325 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 10 EAST STREET MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS AS A NOMINEE FOR GMAC MORTGAGE LLC GMAC MORTGAGE, LLC 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 P.O. BOX 2026 FLINT, MI 48501-2026 ATTN: CUSTOMER SERVICE P.O. BOX 4622 WATERLOO, IA 50704-4622 BRIAN BLEASDALE, ESQ. 931 CHISLETT STREET PITTSBURGH, PA 15206 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.A. § 4904 relating to unsworn falsification to authorities. February 24, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .r- US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC ARMT 2006-3 Plaintiff, CUMBERLAND COUNTY No. 08-2949 CIVIL TERM V. LEONARD HEDRICK, JR. BONNIE HEDRICK Defendant(s). February 24, 2009 TO: LEONARD HEDRICK, JR. 109 SOUTHSIDE DRIVE NEWVILLE, PA 17241 BONNIE HEDRICK 109 SOUTHSIDE DRIVE NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 10 EAST STREET, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $125,245.09 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC ARMT 2006-3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 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 the 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 30 days of the 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 distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot'of ground situate in the Borough of Mt. Holly Springs, County of Qumberland, and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50.00 feet northwest of South Street; thence extending along land now or formerly of Virgil Miller, South 43 degrees 45 minutes West, 180.00 feet to a point on the northeast side of an alley (presently unopened); thence along the same, North 46 degrees 15 minutes West, 91.00 feet to a corner of land now or formerly of Thomas K. Nell; thence along said land, North 43 degrees 45 minutes East, 180.00 feet to a point on the southwest side of East Street aforesaid; thence along the same, South 46 degrees 15 minutes East, 91.00 feet to the point and place of BEGINNING. BEING THE SAME PREMISES VESTED IN Leonard Hedrick, Jr. and Bonnie Hedrick, his wife, by Deed from Steven D. Kellam and Renay R. Kellam, h/w, dated 04/14/2006, recorded 04/21/2006, in Deed Book 274, page 616. PREMISES BEING: 10 EAST STREET, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 23-32-2336-112 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2949 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for CSMC ARMT 2006-3, Plaintiff (s) From LEONARD HEDRICK, JR and BONNIE HEDRICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thgreof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $125,245.09 L.L. $.50 Interest from 9/04/08 - 6/10/09 (per diem - $21.12) -- $5,913.60 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $205.00 Other Costs Plaintiff Paid Date: 2/25/09 Aurtis. ong, Prothon y (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 q COP'Y FROM RECO r' in teubl urhow, I bore unto W lr' WN-d Slid COW A Cam, Pa. -.?.+ aft Real Estate Sale # 78 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mount Holly Springs, Cumberland County, PA Known and numbered as 10 East Street, Mount Holly Springs, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: (1? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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: May 1, May 8, and May 15, 2009 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. lr-? , isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 15 day of May. 2009 ZA6W2 W I", ' CZ - Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 PAPAL. IOWA" 40" lei. TO Writ No. 2008-2949 Civil US Bank National Association, As Trustee for CSMC ARMT 2006-3 vs. Leonard Hedrick, Jr. and Bonnie Hedrick Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Mt. Holly Springs, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with a sur- vey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 24, 1964, as follows: BEGINNING at a point on the southwest side of East Street, said point being 50.00 feet northwest of South Street; thence extending along land now or formerly of Virgil Miller, South 43 degrees 45 minutes West, 180.00 feet to a point on the northeast side of an alley (presently unopened); thence along the same, North 46 degrees 15 minutes West, 91.00 feet to a corner of laud now or formerly of Th=ms X. Ned; thence aloft mAN lased, North 43 deFees 45 a R&K, 160.00 test to a point an the small" eat aide of Rest Sts afvreaaid; thence along the same, South 46 degrees 15 minutes East, 91.00 feet to the point and place of BEGINNING. BEING THE SAME PREMISES VESTED IN Leonard Hedrick, Jr. and Bonnie Hedrick, his wife, by Deed from Steven D. Kellam and Renay R. Kellam, h/w, dated 04/14/2006, recorded 04/21/2006, in Deed Book 274, page 616. PREMISES BEING: 10 EAST STREET, MOUNT HOLLY SPRINGS, PA 17065. PARCEL NO. 23-32-2336-112. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ZhePatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 04124/09 05/01109 05/08/09 `s?.. 771 J1 I:L... ......... . Sworn to >nd bscribed before me this 12 flay of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA f(' Notarial Seal Sherrie L Kisner, Notary Public City Of Harrisburg, Dauphin County W Commission Expires Nov. 26, 2011 Member, Pennsylvanla Assoclatlon of Notaries Real Estate Sale No '7i Vt' It No. 2008.2949 Civil Terms US Bank National Association, As Trustee for CSMC ARMT 2006-3 VS Leonard Hedrick, Jr. Bonnie Hedrick Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CBRfAiN lip. o ground sio the Borough of Mt. Holly Springs, C ut Cumberland, and State of Penns% ..r bounded and described in accordance with survey and plan thereof made by Erne,: Walker, Professional Engineer, dated July ya 1964, as follows: BEGINNING at a point on the Southwest ndi, r' East Street, said point being 50.0(i tt,, northwest of South Street; thence extendm- along land now or formerly of Virgil Mille: South 43 degrees 45 minutes West, 180.00 iec, a point on the northeast side of an ahes tpresentiy unopened); thence along the ?aint? North 46 degrees 15 minutes West. 91.(H) tri-r a comer of land now or rrnerlt ;u t h, , , Nell; thence along said land. North 43 degree: 45 minutes East. 180.00 feet to a point on th southwest side of East Street aforesaid; thence along the same, South 46 degrees 15 minute, East. 91.00 feet to the point and place BEGINNING, BEING THE SAME PREMISES VESTED }D- Leonard Hedrick, Jr. and Bonnie Hedrick, h: wife, by Deed from Steven D. Kellam an:. Renay R. Kellam, hfw, dated 0411412000. recorded 0412112006, in Deed Book 274, pegs PREMISES BEING. I;i EAST "TRf AOUNT HOLLY SPRINGS. PA ;,fws "ARCEL NG.