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HomeMy WebLinkAbout01-6513COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. #03315 FIRST UNION NATIONAL BANK as Trustee by its attorney in fact OCWEN FEDERAL BANK FSB, 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 DONALD M. WILEY and PAULA W. WILEY 1709 Charles Street New Cumberland, PA 17070 CIVIL ACTION- ACTION MORTGAGE FORECLOSURE This is an attempt to collect a debt and anv information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. C: \DIANE\COMPLAIN\BOCK. DOC YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FL., CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 C: \D IANE\COMPLAIN\BOCK. DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. #03315 FIRST UNION NATIONAL BANK as Trustee by its attorney in fact OCWEN FEDERAL BANK FSB, 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 VS. DONALD M. WILEY and PAULA W. WILEY 1709 Charles Street New Cumberland, PA 17070 CIVIL ACTION- ACTION IN MORTGAGE FORECLOSURE 1. Plaintiff is First Union National Bank, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB, a federal savings bank with offices located at 1675 .Palm Beach Lakes Blvd., West Palm Beach, FL 33401. 2. Defendants are Donald M. Wiley and Paula W. Wiley, adult individuals with a last-known address of 1709 Charles Street, New Cumberland, PA 17070. 3. Under date of October 23, 1999, defendants executed and delivered to Ameriquest Mortgage Co. a mortgage upon premises 1709 Charles Street, New Cumberland, PA 17070 to secure the payment of the sum of $161,250.00. The said mortgage is recorded in the Department of Records in and for the County of Cumberland in Mortgage Book No.1579, page 281, recorded October 29, 1999 and is incorporated herein by reference. A copy of the legal description of the premises is attached hereto and made a part hereof as Exhibit "A". C: \DIANE\COMPLAIN\BOCK. DOC 5. By Assignment which is being duly recorded, the loan was ultimately assigned to First Union National Bank, as Trustee. 6. Ocwen Federal Bank FSB is the duly authorized servicing agent for First Union National Bank, as Trustee. 7. The defendants are the real owners of the premises. 8. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act 6 of 1974, and Act 91 aforesaid, was sent to the defendant(s) and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit "B". 9. The said loan is in default as a result of the failure to pay the monthly installments of $1,475.02 due on May 1, 2001 and on the 1st day of each month thereafter. 10. The following is due on the loan: PRINCIPAL BALANCE $ 160,080.89 INTEREST (accrued thru 11/10/O1 of $10,256.44 10,256.44 Interest after 11/10/O1 shall accrue at the per diem rate of $46.53.) LATE CHARGES (accrued thru 11/10/O1 of $716.58. 716.58 Late charges after 11/10/O1 shall accrue at the monthly rate of $88.50.) ESCROW ADVANCES 3,828.61 FEES BILLED 210.74 COSTS 300.00 ATTORNEY'S FEE 8.000.00 TOTAL $183,393.26 11. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain C: \DIANE\COMPLAIN\BOCK. DOC and provide Defendants with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from above. WHEREFORE, Plaintiff, First Union National Bank, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $160,080.89, plus interest thereon of $10,256.44 plus $46.53 per day from November 10, 2001 until judgment is paid in full, late charges of $716.58, plus late charges of $88.50 per month from November 10, 2001until judgment is paid in full, escrow advances of $3,828.61, fees billed of $210.74, costs of $300.00, attorney's fees of $8,000.00, plus record costs. STERN AND STERCHO BY: Gam- ~ asp ~ RICHARD F. STERN, Attorney for Plaintiff C: \DIANE\COMPLAIN\BOCK. DOC VERIFICATION PAMELA ADAMS is the Default Servicing Liaison of Ocwen Federal Bank, FSB, and is authorized to sign this Verification on behalf of same, and states that she verifies the foregoing Civil Action against Donald M. Wiley and Paula W. Wiley and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. Section 4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge of information and belief. PAMELA ADAMS Default Servicing Liaison DATE: 11/9/01 l:la 'C 1 t w • .. • fw ..pti,.Y ~.r f,~frf ...,,rf w~...rN .YH •Y,I M6 , ... ,1 • ' . 1. !:..I ~ ~~ 7-1.t. ~'N7-T CtAS712M trseE os poses Yo! lend situate in ~n4 ~~qti° .a SorooeA os Nw casbosiand, count ~ et Cv~eslsnd~ : ;; n~ : , Cosaen++ealth of Psnt~sylvaria, cots peztieulatly bsundtd and _ ;;~;;~, , desoribsd as dolia+s, to vit ~ :. ~ nEfljNNYt1G st a point in tAs eesterlY sight-of-rslr lies :o ~I ~ ` o! chssles streeC at the dividing dins betveen tbs psesises f ~ .i Rereit~ dasasibsd snd I.ot No. 10,on ti/t hereinsttss wse~tioned ;•~ ~~ ?,;; plan o! lots; thence along said 8lvidinq line nortA fattyy- ''' ""' eight IS,1 dsgreec dive toD) tiAtlta twnty (7D) seeends 6 t t o I cans s distanna of of~e hundsed ts-enlY (170} lost tQ a point: thence aloru! tAs line o! lends q01! , of lorssrly e! CenYail I eoutn thistY~-o+» (33~ 4e9sses ILCCY•totis I6s) llnntsf losCY I (ao) asoa-de east • dietu~w of o1N AW~dsea' (100} !es! 'Cs • points tpenoe along the dividing ~311s betwhet Ills psssisa hessin dNasiad and Lat xo, as ell !<hhs 11•SSine[ees lentiened ' plan e! letw aogt# tllty-e3O4t (it) dsgssM [31rs I06) wet s dlsts110s os ~ In1nd • wina~•,ss twntY isa) soeotnle tM etesysa even~y Ilao} .Net to • yoln~; +~~ ~~ ,seQseoe litcY~ • line o! Ct~srlos scsbt nortA o;M~ :ne~nt isn4 piao eo! loas• (St } •i~wtp ~ ostio (~ o point. lwrsd}sd (100) t p~inninq• ~~ Y,ot so. sy on the plan od ssetovss Gesdi ~~ ii y~ ie seeosded in the otiioe d ~+e RsooK4 plan *ook ts• cos ~Aesia-d rountY• tennsYivani•, in Paps 1a6. , WE HE.+EF+v C:... , BY: AMERIgtiEST MC+ ~ La 1' .E COn1PANY , , 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 Date: OCTOBER 5, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice e%plains how the program works. To see if HEMAP can helpsvou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency - The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (7171780-18692 Th_ is Notice contains important legal information. If you have andquestions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA II14PORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINIIIt SU HIPOTECA. HOMEOWNER'S NAME:, ;:DONALD M. WILEY AND PAULA ~'. WILEY 'PROPERTY ADDRESS: 1709 CHARLES STREET. NEW UMBERLAND PA 17070 LOAN ACCOUNT. NO.: 30442065 ORIGINAL LENDER: AMERIOUEST MORTGAGE COMPANY CURRENT LENDER/SERVICER: FIRST UNION NATIONAL BANK AS TRUSTEE BY ITS ATTORNEY IN FACT OCWEN FEDERAL BANK F B MAILING ADDRESS: P O BOX 702 NEW CUMBERLAND PA 17070 IlViPORTANT CONSUMER NOTICE Pursuant to Section 1692 (g) of Title 15 of the United States Code you are hereby informed that this is an attempt to collect a debt, and any information obtained will be used for that purpose. Further, unless you notify this office within 30 days after you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from current creditor. This is an atteempt to collect a debt; any and all information obtained will be used for that purpose. HOMEOWNER'S ~~vIERGENCY MORTGA(,~ ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU-MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIIiCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBII,ITY REQUIREMENTS ESTABLLSHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OFFORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY M_ ORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGA E UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and teleuhone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) ff you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner.'s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER Tl11ZE PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME lM1VIEDIATELY AND YOU APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During the ime, no foreclosure proceedings will pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETTI'ION 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 tlled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthlypavments in the amount of $1,475.02 due for May 1, 2001 through OCTOBER 1, 2001 for a total of $8,850.12 Other charges (explain/itemize): Late Charges in the amount of $628.08, ,fees billed of $185.74 TOTAL AMOUNT PAST DUE: $9,663.94 HOW TO CURE. THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 9 6$ , 63.94 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Richard F. Stern. Esquire Stern and Stercho 410 The Pavilion Jenkintown. PA 19046 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortt'aee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. ff full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. )T THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay reasonable attorney's fees that wer dually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30~ DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - ff you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and b~performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender/Servicer: OCWEN FEDERAL BANK FSB Address: 1675 Palm Beach Lakes Blvd.. West Palm Beach, FL 33401 Phone Number:. 1-800-74 OCWEN Fax Number: 1-561-682-8160 Contact Person: Debbie Blanchard EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Yl MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIlVIES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDTT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached) Sincerely, STERN & TiERCHO _ ~ ~~- RICHARD F. STERN cc: Debbie Blanchard/Ocwen SENT CERTIFIED MAIL # 7000 15300003 0472 8404 and 7000 1530 0003 0472 8411 AND REGULAR MAIL CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ' Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 ' Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 1 V '~9. ~. ,~ N n c~ ti (IJ ~T' v .1 Z ~~ CC> ~' C a .or_ "[) s c~ -, :~! r~~ m .:'J ~-r 1(T) ~-? i Cif r -AC L 1 s C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. DONALD M. WILEY and PAULA W. WILEY NO. 01-6513 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against defendants DONALD M. WILEY AND PAULA W. WILEY for failure of said defendants to file a responsive pleading to the Complaint within twenty (20) days after service thereof. Please assess damages as follows: BALANCE DUE $ 160,080.89 INTEREST (accrued thru 12/21/01 of $12,164.17. 12,164.17 Interest after 12/21/01 shall accrue at the per diem rate of $46.53.) LATE CHARGES (accrued thru 12/01 of $893.58. 893.58 Late charges after 12/01 shall accrue at the monthly rate of $88.50.) \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd r" C p N {~ f7'1 tt"1 ;;~ .. ~T.. ~ ~ { - ~ t-R t~7 .' N ,. -~ -: CJ <~ cam. n x" ~ .I -_ --Try. C.~J ~~. ~' ~~ O C7 '~ ~-i ...r- ESCROW ADVANCES FEES BILLED COSTS ATTORNEY'S FEE TOTAL 3,828.61 210.74 300.00 8,000.00 $ 185,477.99 STERN AND STERCHO BY: HARD F. STERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY CERTIFICATION UNDER RULE 237.1 I, the undersigned, attorney on the writ and attorney for plaintiff, hereby certify that a ten day notice of intention to enter judgment by default was sent to defendants in accordance with Pa. R.C.P. 237.1. A true and correct copy of said notice is attached hereto. STERN AND STERCHO BY: RICHARD F. S ERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd • ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 4 CIVIL ACTION -LAW RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 LD. /t03315 FIRST UNION NATIONAL BANK as Trustee by its attorney in fact, OCWEN FEDERAL BANK FSB VS. DONALD M. WILEY and PAULA W. WILEY :NO. 01-6513 CIVIL TERM NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: DONALD M. WILEY, 1709 Charles Street, New Cumberland, PA 17070 PAULA W. WILEY, 1709 Charles Street, New Cumberland, PA 17070 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST. YOU WITHOUT A HEARING AND YOU MAY LOSE 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: LAWYE.': REFERENCE SERVICE CUMBERL :ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 1-800-990-9108 STERN AND STERCHO DATE:12/11/Ol By; ~' RIC~iARD F. STERN, Attorney for Plaintiff \\Server\office docum\Am~e MarielTen Day\OCWEN.wII,EY.Ci7MBERL,AND 10 DAY.12.Ol.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Ocwen Federal Bank FSB 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 STERN AND STERCHO BY: RICHARD F. STERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd •• '~- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVTT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY RICHARD F. STERN, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, defendants' 1. Last-known address is: 1709 Charles Street, New Cumberland, PA 17070 2. Are over the age of twenty-one. 3. Are not now nor have been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. Sworn to and subscribed before me this,l/ day of ~.~cL+~-~~001. STERN AND STERCHO BY: CHARD F. STERN, Attorney for Plaintiff ~MOTAR4IL s~orn"ss°"~°' ~ue~c ooc \\Serverbffice docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd ~ ~~ -~. ~ ~ ~\ ~.a' ._~ r~ ~~ c 9-~ C ~ N ci z ~_ ~ 't~ ~ ' f V ~j C r~ - ` ~: C Ci ~y -~. ~ :-~i I>~ ~ ;_~~ Z PRAECIPE FOR WRIT OF ERECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 First Union National Bank, as Trustee, b its attorney in fact, Ocwen Federal Bank FSB n8 IDonaJ.d.M... Y~Ii~Y..ansl;;13au1r'z. fd....hLi ].~X---......... To the Prothonotary: In the Court of Common Pleas of Cumberland County ,Pennsylvania. No. Ol-B513_Civil PRAECIPE FOR 1'4'RIT OF E~ECL'TION (MORTGAGE FORECLOSURE) Issue writ of execution in the abore matter: Amount Due ~.7,85~477 ;99--,. Interest from the date $ ............................ and Costs. judgment is entered at the per diem rate of $46.53. __.. Attorney jor t a:nti~(s) RICHARD F. STERN, ESQ. #03315 Note: Pleaae attach deaeription of Property. O N a _e d. 6 O V e 0 V .~ C O M C C d C a e V ~, ro b [~/] ~w~. o .r., z °' ~ ~~~ b W m a~i 3 3 rti rt a a a~i 3 O O~ ~w `' ~ v a ., 0 0 a N z a~ . ~ ro •• U t ~ ~~a~ ~ d ~~'' ~ o . w ~~~ c~ a z w . ~ ~ a ~ a ':-.::..- ..{ ~ . .... . _....t'.... _....... _....... .~ ..: .~ ....: _.... n ..,n . '.. .. .+ , m,:,~1^'.pYFe~4Rw~.PtlY; x.14'. aY.RTR,~.'~ARa'1 ~4 ..;~ - J "~ n ~ •l. Si_. $ ~ mt~''r^~'t "~ rl -, _.. ~^ f ;.~;~r~ ~ ' rte -{ .? .. ; ca , . ~, C .. ~ i .. ~ ~ ~ ~ W - G LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31~) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Chazles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t,,,.,.~r~ rinnl fPer to a point. the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of--way of record, including, but not limited to, a Declazation dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/ 10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 -~ ~ ~ ~ ~ e c~ c.' r" `- r t ~ ~' i 7, c~ ~" C, u~ t :- ~v -7 ~n 'm `Y G ~ '~ O c7~ '~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. DONALD M. WILEY and PAULA W. WILEY NO. 01-6513 CIVIL CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriff's Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to defendants and no timely response was made. STERN AND STERCHO BY: RICHARD F. STERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd ~--- ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~' c7n~, ~ ~: t r`' 1 .. rn y ~ ~? ~ 1 Q ~ v I` ~ ~ CA ~ p ~.n ~ j C ~ 'S q ~G~ C ~ C ~ p ~ C7 ,~ , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 12/21/01 STERN AND STERCHO BY: CHARD F. , Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd .~-, G ~ ~ .~ ' ~ tr ~_ ; J : ~r ~ r ~,-- xf ~. -.; ~G o ~m J ;~ W COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CNIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on JUNE 5, 2002 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 1\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale.. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem .and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 - (717)240-6200 \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CNIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 5, 2002 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who aze also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 12/21/01 STERN AND STERCHO BY: CHARD F. `TERN, Attorney for Plaintiff NServer\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. DONALD M. WILEY and PAULA W. WILEY NO. 01-6513 CIVIL RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 5, 2002 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. STERN AND STERCHO 12/21/01 ~. BY: RICHARD F. TERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth,. of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31~) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one h,,,,~r~ ri nrn fPer to a point. the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gazdens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of--way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Gazland dated 5/ 10/88 recorded 5/ 12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 s N ' c;_ ~ CA7 . ~7 .- i m r,-~ b .A ~ ~, _ C/5 ~-~ te- `'" N -' - tr - . r CG '_~ (-~ Q `~iTi ~ ~ ~ <Y~ RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee, by its attorney in fact, OCWEN FEDERAL BANK FSB :TN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DONALD M. WILEY and PAULA W. WILEY NO. O1-6513 CIVIL CERTIFICATE OF SERVICE I, RICHARD F. STERN, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendant by regular and certified mail, return receipt requested on Apri15, 2002. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on April 5, 2002 as evidenced by copy of certificates of mailing attached. STERN AND STERCHO BY: (~- CHARD F. STERN Attorney for Plaintiff 4/05/2002 ~, fi`. =v~ G~ r. ~ ,.1:,. e ~~ .. . ~ `1~ N1Pq ~ ~ D~na ~d ~ ~ - • - c 2 -° ~ c I ,.O ProMne e " ~~ '^ g `_ O CeaMea Fee T ~ ~ ~ ' O (En ~em~nen~ 9 d ~ O PaelmeM -S Z'~ Nem 0 p R.elFlea obay Fee E a N R l a 0 ( n eleeme equ m l 7eltl Pe.Me.aF... 0 z ~ B° Donald M Wile . y A~ Pone r. xw; o _ W799 Charles Street ° Dm`S°M~'~umberland, PA 17070 ° r4 6P1 eq ~U S 9'4 ~ V J R ld .L ~ Pwtene S ~ ~qn In h~ ~ ~. ` ' O catlRetl Fw . il S u, ea o ~ ` 1 as Nem seal i Re o Iel ~ ~ ~Ai~••QJ ~ PeMCItl DINxY Fro ~ (OlMexnnt ReWM1e.1) U~J aF $ d ... mmrPamp. 0 s Q' ° °Paula W. Wiley rR ___~.._ ._._-_ _ r9 woo 96ef'eAw°Eq~09 Charles S treet _ ~ ~'8Y1°SPP,.ieh~mhPrland . PA 17070 !~ ,tax ..POSTAL SFAVI E CERTIFICATE OF MAILING MAV eE USED FOP DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ReoNVetl Fmm: l~ I~ 0 RN 8 8TER / Aft r aya at ,`?, ~~ J® kintown, PA `~ ,n o,~ 5z om gets et eMlnry mtll aaaneeea te: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 PS Form 3917, Mer. 7988 RsMwa From: DIM Pie~+ Re erdin.rv men .ear«..a m: 1 Courthouse Squar Carlisle, PA 17013 i 3817, Mu. 1888 h C N ~~ a ~ ,~ ir;~ ~ ~D -~~ m ~`. ('~.C.~ ~n ~ !:?~ ~~ o ~rn ~ y. l0 First Union National Bank VS Donald M. Wiley and Paula W. Wiley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6513 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Richard F. Stern. Sheriff s Costs Docketing Surcharge Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Certified Mail Postpone Sale 30.00 30.00 .50 1.00 23.46 15.00 15.00 15.00 25.20 18.19 423.50 308.95 1.80 20.00 $927.60 paid by attorney 09/03/02 Sworn and subscribed to before me ~-.~°S'o A~nsy~rs: ,, r This ~_ day of ~ 7" ~~~'' "`~~ ~~°~ R. Thomas Kline, Sheriff 2002, A.D. BY ~.~6G~.1.{ ~~'VI,C~3 Prothonotary Real Estate Deputy ~~io ch_ 3Po1`7 ~„ r;t 93i~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129 1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every othei person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 12/21/01 STERN AND STERCHO BY: ~ - CHARD F. , Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 5, 2002 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late chazges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stem and Stercho, telephone (215) 572-8111. \\Server\o~ce docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stem and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED \\Server\oftice docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. k 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET NEW CUMBERLAND PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Cazlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 5, 2002 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions aze filed thereto within ten (10) days thereafter. STERN AND STERCHO 12/21/01 BY: ~ ~ CHARD F. TERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-OLwpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. /{ 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET NEW CUMBERLAND PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Squaze Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on JUNE 5, 2002 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions aze filed thereto within ten (10) days thereafter. 12/21/01 STERN AND STERCHO BY: ~ RICHARD F. TERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Chazles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafer mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one h»»,tr~ n nnl feet to a nnint. the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gazdens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of--way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitazy sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Gazland dated 5/ 10/88 recorded 5/ 12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel Plo. 26-23-0541-311 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 5, 2002 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. \\Secver\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ot.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-O1.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Chazles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots.; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Chazles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one t,,,,,.~*~ rtlNll feet to a point. the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gazdens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Squaze Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of--way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/ 10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO D1_h51'i CIVIL I9 CIVIL ACTION - I_gyV -- TO THE SHERIFF OFCIIMB~RLAND - - _ COUNTY To satisly the debt, interest and costs due First Union National Bank, as Trustee, y its attorney in fact, Ocwen Federal Bank FSB __ _ __ ~---- PLAINTIFF(S) Iro rn onald M. and Paula W. Wiley, 1709 Charles St., New Cumberland PA 17070. _ _ _-_- -- --_ ------- -- DEFENDANT(S) (t) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 1709 Charles St., New Cumberland PA 17070. (See attached legal description.) ----- - (2) You are also directed to attach the propedy of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; thananam)edgarnshee,youardediecledtonotfyhem/heorthathe/slhethasbeenaddedasagarnsheea dsenjoinedasabover stated. AmouniDue $185,477.99 Interest 1-2-02 @ $46.53 per diem Atty's Comm Atty Paid Plaintiff F Da)e' " $127.05 'Ji3ifuary 2, 2002 REQUESTING PARTY Name _ Richard_F_ Stern, Esq. -- - - ------ Address: 10 The Pavilion Jenkintown PA 19046 - -- __- Attorneylor: ___ Plaintiff telephone _ (215) 572-8111 Supreme Court ID No. 03315 L.L. $ • 50 DueProthy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division ~~ Deputy G . REAL ESTATE SALE Na. ~ 3 On February 7, 2002, the sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA, known and numbered as 1709 Charles Street, New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. wJ Diu C.7 Date: February 7, 2002 By: ~:'C( s v~ Rea11"state Deputy ,. A1.k+. Js;fiJ ddtU31~~`~ ?~'.i dG 3cldd0 e. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News ands Gunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Ccunty and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ~ ..~~°~~ ....................... ................................... ~_~~'~ ' 17th day y A.D. COPY Notarial Seal ~C C SALE #13 Terty L. Ruse@II, Notary Public Hanieburg, Dauphin County NOT RY PUBLIC My Commission Expires June 6, 2002 y commission expires June 6, 2002 Member, PennsyNanla Association of Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 307.20 Probating same Notary Fee(s) $ 1 .75 Total $ 308.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ~~ ~re%3a Fpu l~kn l erw 1 __...,,. `a~+~1.319. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgeutltal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY 2002 L6tS ~, »?~YC~R, t! F'ubllc Car~:~ [3050, 4uiY9issrfat~ COWity My C,orsxnieaiai i.~iiea March 5, 2005 ~ _ __ ______ _ f.~....--,•_~aL Lsra~ ~ tea. i~ Writ No. 2001-6513 Civil First Union National Bank vs. Donald M. Wiley and Paula W, Wiley Atty.: Richard F. Stern LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows. to wiC BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter men- tioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hun- dred twenty (120) feet to a point; thence along the line of ]ands now or formerly of Conrail south thirty- one (31) degrees fifty-four (54) min- utes forty (40) seconds east a dis- tance of one hundred (100) feet to a point; thence along the dividing line between the premises herein de- scribed and Lot No. 36 on the here- inafter mentioned plan of lots south fifty-eight (58) degrees five (05) min- utes twenty (20) seconds West a dis- tance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty- tour (54) minutes forty (40) seconds West a distance of one hundred (100) feet to a point, the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gazdens, which plan is re- corded in the Office of the Record- er of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all ap- plicable restrictions, reservations. easements and rights-of-way of rec- ord, including, but not limited to, a Declaration dated December 10. 1984 and recorded on December 10, 1984 in the Office of the Record- er of Deeds in and for Cumberland County, Pennsylvania in Miscella- neous Book Volume 301. Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Otfiee of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitazy sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/85 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311. degrees five (05) minutes twenty (20) seconds east a distance of one hun- dred twenty (120) feet to a point; thence along the line of lands now or formerly of Conrail south thirty- one (31) degrees fifty-four (54) min- utes forty (40) seconds east a dis- tance of one hundred (100) feet to a point; thence along the dividing line between the premises herein de- scribed and Lot No. 36 on the here- inafter mentioned plan of lots south fifty-eight (58) degrees five (05) min- utes twenty (20) seconds West a dis- tance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty- four (54) minutes forty (40) seconds West a distance of one hundred (100) feet to a point, the point and place of beginning. BEING Lat No. 37 on the Plan of Westover Gazdens, which plan is re- corded in the Office of the Record- er of Deeds in and (or Cumberland County, Pennsylvania. in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all ap- plicable restrictions, reservations, easements and rights-of-way of rec- ord, including, but not limited to, a Declaration dated December ]0, 1984 and recorded on December 10. 1984 in the Office of the Record- er of Deeds in and for Cumberland County. Pennsylvania in Miscella- neous Book Volume 301. Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: T[TLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/SS in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) PaR.C.P. 3180-3183 First Union .National Bank, as Trustee, b its attorney in fact, Ocwen Federal Bank FSB roa Ronald.M.._Y~la.],.ey._and.P.avlr~. Fl....hTa.1.aY._.._..... To the Prothonotary: judgment In the tourt of Common Pleas of Cumberland '_' COUnty ~ PennsylvQnia. T?o. 01-6513 Civil PRAECIPE FOR T~ RIT OF ElEGL'TION (1iORTGAGE FORECLOSUP.E) Issue writ of execution in the above matter ,• ,, ;. Amount Due °. ~~ $-],85477 ^99 ;: ' . t }:: -•° xa Interest from the; date Y ..:.. :....... and Casts. w ~. is entered at the per diem rate of $46 53 ,., ;,'~. z `~ ~ ~; ,~ , . Attorney for th~Plainterj(s) RICHARD F. STERN;.: ESQ. #03315 `` Note: Plesse attach deaeripti:on o:_f Property. ,- - ~ - , r . . ' f , . 5r w. s \ i.. ? . ! y L_ ~ 1 1 .hµ.i.~ ~.:~ 1 1 c MJy {1.... ~ - . r .l t - ! .'! .r r..'.x a J' ~I}y .ti } `N+tVM ~~~ u h~aw:,lat th M1'~4!`,~"r• ?r.• t i u . , .. ~ 1 l . .. 1 ~ i rY x%'. v ~! r • wti ~.~ . , r :.' c ~- ~ . ;..0 y O = ~ ~ Z a .~. ~ N m ep ,~ CL C 3 ~ • ~ u .: . .~ ~• . •.. C dt ~ ,~:~ ::. O a, ~ U ~ a ~ ~ E .... '° .~ as.~: 6 ~, ~, V c c~ .,i a ~a m ~ v ~ ~~ E a~ \\c~ m m o ~' w ~. ~ o ., c d ~ ~' i o ~. U U ~ 9 ._ ,n (, ., ~~ _ .. • `` ' 'y ~ .: .` / r R ~Cl O ~ ~ ~ _ ~~a.~~ 0 0 a ~ M ~~~ ~~~\ ~ ~~ ~ ~ ~ ~ ~ ~ U LEGAj, D ALL THAT CE - - Curnberl RTAIN tract or ESC1~pTjON to wit: mod' and Commonwealth of Penn yl'~ariia Nate in the Borough of more particularly bounded Cumberland _ and described County ° f P ems. ~S h Te e'at a P°int in the easrerl ~ follows, divid' m described and y nght"of-w mg line Lot No. 38 on ay hne of Charles Street at hundred tu,ennorth fi~'_elght (58) de the hereinafter mentioned the dividin dl~Y-one (31. de 120) feet to a point grew five (p5) mutes twe plan of lots; thence etween the ) grees fi ~~ence alon n~' (20) seconds east a disc ~on° said to a Point; thence ~-f0~ (S4) minutes fo g the line of 1 hereinafter along the divid' n3' (40) seconds ea a a dis °r foi'InerI anCe °f one mentioned ing lme between the tance of o y °f Conrail south West a distance Plan of lots south fi premises here' ne hundred of one hun ftY-eight (58) de m described and Lot No. (100) feet Street north clred twenty (120) feet to grees five 36 on the h,,,,,~,.p,i ~~ ~'tY-one (31) de a point; thence alo0ni minutes twenty (20) seconds ~~~ fPer to grees fi£ty_four (54 b' the aforesaid line a point. the °o• )mutes for of Charles BEING Lot No. 37 int and olace of beQ' ty (40) seconds West a dist of Dee on the plan of Westover .inning ~ anCe of one ds in and for Cumberland Co Gardens, which unty, pe Plan is recorded in the Office of CONTgINING 12 ~.sylvama' in plan Book. 46 Pa the Recorder .000 Square Feet. ge 126. UNDIrR AND SUBJECT to all a record, includin PPlicable restricdo 10, 1984 ~ g' butnot limited to, a Declaration elated Decervations, easements the Office of the Recorder of Deeds in mberl0 and rights_Of way o f 141iscellaneous Book Volume 301, pa e .1984 and recorded on Dece recorded on g 37~ and for Cumberland. Co tuber August 20, 1985 ~ the G~.Ce o and the Amendment thereto dated Au ~ Pennsylvania m Pe~Ylvania in Miscellaneous Book Volume 308e Recorder of Deeds ' Est 19, 1985 and page 372, m and for Cumberland Coup . -4LSO UNDER AND SUBJECT to a sari tY. 2ECORD O tary sewer easement as shown on said WNER: plan. 'ITLE is vested in Donald arland dated 5/10/88 record d~sW2 88 and Paula W. m the Coun Wiley, his wife by deed from James 'arcel No. - tY of Cumberland in Deed Book I33 M. 26-23-0541-311 page 365. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 LD. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVTT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A \\Server\office documlDiane\SALESIOCWEN-WILEY CUMBERLAND 12-0l.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1/27/03 STERN AND STERCHO BY: CHARD F. STERN, Attorney for Plaintiff \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 1\Server\office documlDiane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED 1lserverloffice docum\Diaue\SALESIOCWEN-WILEY CUMBERLAND 12-Ol.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-0l.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (0~) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one h„r~rrP,~ rinrn feet to a nnint. the point and Dlace of beQinnin~. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of--way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December I0, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. _-_- .ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M, Wiley and Paula W. Wiley, his wife by deed from James M. Gazland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 ` ' ~~ L.. i ~ _ ./ ~.~ T;' LL ~I II' ly _.. .. _ -r~ !V G'~ ~f f-r _ ~'' -' .. 1' __ ~ i ~` - 1 ~. .~- -'~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111. I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stem and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To fine out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. \\Server\office docum\Diane\SALES\OCWEN-WILEY CUMBERLAND 12-Ol.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED \\Server\office documlDiane\SALES\OCWEN-WILEY CUMBERLAND l2-Ol.wpd BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 \\Server\office docum\Diane\SALESIOCWEN-WILEY CUMBERLAND 12-Ol.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Chazles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds West a distance of one h,,,,,~rP.+ rinrn fPer to a point. the Doint and place. of beoinnin~. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Squaze Feet. CINDER AND SUBJECT to all applicable restrictions, reservations, easements -and rights-of--way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. y-__ _ ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER• TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Gazland dated 5/ 10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 h c YJ ``r r;~ f - >~' !'J -. ~,~', r~ C r. _ ~ ~_, ~ = , . .. ~ ..J ,. !_ •L - RICHARD F. STERN, ESQUIRE STERN and STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee, by its attorney in fact, OCWEN FEDERAL BANK FSB :IN THE COURT OF COMMON PLEAS CUMBERLAZ~ID COUNTY VS. DONALD M. WILEY and PAULA W. WILEY NO. O 1-6513 CNIL CERTIFICATE OF SERVICE I, RICHARD F. STERN, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendants by regular and certified mail, return receipt requested on March 5, 2003. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on March 5, 2003 as evidenced by copy of certificates of mailing attached. 3/05/2003 STERN AND STERCHO BY: ~~~~~~~ ~ RICHARD F. STERN Attorney for Plaintiff \\Serverloffice docum\Anne Marie\Certificates\OCWEN.WILEY.CERT.CUMBERLAND.3.03.wpd r ~' '1 T -1 _ . ~ ~ U.S. POSTAL SERVICE C RTIFICATE F MAILING Af in a - • r • MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT meter-pS d n ~ PROVIDE FOR INSURANCE-POSTMASTER oat rr~rk. I i l c t` - ~ ~oatma~tsr fo r en ~ Received From: Tea, ll "`" " '"` " ~" "~~''' `' ` STERN & STERCHO ~ ,if, 0.w1 ~ (.J. Cam-) c ~ ~ i A rn ~ o - _ - n,t :poamg s i ST~j~ ., , ., y ' 8 8VI IOn - ~i~'~r sq „ ~ , , ; ~ ~ o,~ ~ 4 _ Jenkintown, PA 19046 w; ~`~~~ - CerNfled F 1 A7 i~~ l ~ J ~ -.:L'r m~ Aa~~ ~ yEnaaRSetum Rec~ t F~ ~.. r e ~ * ¢ ~~~~ .~ ~ A - - ~ 6- ?2, - ;{ Ona pieta of oNMery mail addrossM [o: t' ••/~ l~ _ p rtReatrletedDeHVery Fee f3~: ai ~ U~~~~ p~ ~..i„p; rdX Clalm Bureau ~ 1`~ 1 _ _ OrriErvloreemantRpuvecl ~ .rq 'r ~.. S .~ ~d wry n i , ~ ~l i _.1+ ' °<*aroealfro.o.9:a.F».. ~ AS 43o66ce nA ~a ~ Cumberland Count Courthouse y > ~ ll s;r rlXy, ,; . $ r Y ~ o m - n sresae+nta -I 0 .. ' ~ - f Pmr wl Ro 6e arrobt.a nYrtleihn ~ ~„ ~~ Qat-~Q,_ ~t,;!.)r~G atis~unveouehe Carlisle, PA 17013 'O,g Ill D- &e..rAPLNO Poe(oxNo ' '- us -s ,-- - ~ .L^r~Q`t~~-+C,/`~1'~ 342h Cie 'h ~-~a~lt rrrrr rrrr r~s M1 . '~, StetA ZIPi/ .. t -:. .. ,.F$~ ..., ~~ ^7~M PA•'~r ~®7 a ~ a a PS Form 3817, Mer. 1989 °i1~i°~es C.c.,... ..: .. 1 . e ... ~ •. • O ~ ~\• -? ~, r ,I~rf .naY,ni ~a ro«tse `m.. an , r W - . -nr , -:e - - - _ .. - - I7J ~.POetege A -, s a - s _ ' CertlfleO Fee .. -'.)r'~fi t a. ~ r i .,z< ATI 9 `` .`). `~ Rstum FtecefpNFee ~ :,3r r! -- Sj a i ~ 'y RistrEted Dal a ~ f!'~,Q F .: ai ~'4'7(Endoreemrn wlrFedlc i 9'g51.1:~ r.oq ~ Y Me=~,~,.;, eti ~ ._7 ,a5 . ~,. o c~-.:n xr3cYeil'Poaupe ark..r $xnn :pln, ~- ~~''gpti-+ ga x•i~ - (Flew Pdnt GeeM) po W complebo Oy S+ - . ~e ~~n0.~t~ lIi~N ~' ~1°1....ry nrt.t o tt - Q Apf. No 3r,PD box ~.a"" 1 '' -'t an aT s, •NE4vi ~. lam. PA lr '~~~ ~~ ~~ <~ . .PO TA Rvl E TIFI T F MAI MAY RE USED FOII DOMESTIC AND INTERNATIONAL MAIL DOES NOT , PROVIDE FOR INSURANCE-POSTMASTER Raoeived From: g~p A- ~N d gTERCHO T'O a _ J~nkintow PA t ~ q J9 Q One piece of ordinary mail atldreaud m: Domestic R~~ations G SA 66 um er an oun y ur ouse 1 Courthouse cl,pro Carlisle, PA 17013 Affix fee emp or m r e poe mark. jnqui~L p P aeter~or cu faa D Z ' OY Q >'a `~~:t~ ~ =~ ~~~~ ~~ o ':~ f~=~ d ' N (ti (~' O `D l~ ~ itt i O l rmrr+rr»rrrr. ~.. ~r C:s ~y. -r, . ..:y ^~ 1, y 'ate .;_ _,,,. -, Eiz~-`: ' _/ ~ , t ~ ~.., _ ~. : ; y: ~ ~y_ ~ • C... -1 ~n ~ c.] PRAECIPE FOR WRTT OF EYECUTION-(iYIORTGAGE FORECLOSITRE) P aR.C.P. 3180-3183 First Union .National Bank, as Trustee, bX its attorney in fact, Cowen Federal Bank FSB va 1 In the Court cf tommon Pleas of Cumberland -_ County ,Pennsylvania. Ko, 01-6513 Civil '' Donald.>x....WS~.~Y-_arid°.Y?aula. ~1....39.ia.ex-_.._..... PRAECIPE FOR 'GRIT OF ESECL'TIOiti ~- (~SORTGAGE FORECLO~UP.E) ....__.-.._.._.......~--•---_._.__...._..._...---.....__.. r To the Prothonotary: i!. ,xc `: y:: Issue writ of execution is the above matter: `r ?, - Amount Aue ~„ ~ .;~ 5 477.99 r r~ ~ . Interest from the, c'~ate S ;,,, ,. ,._ , , and Gash ~ ' 3udginent is entered at the per dxem~i^ate of $46 53 t~~,. , 5 ~~ ,. ' w. ~ ~ ~ 7 ,~, , >r ., ~,~ r: ~s,: ~~ ~ ~ Attorney for the, ,..(s) ~;~ . RICHARD F STERN, ESQ. #03315 .' ~. - Nate: Plesae aetach deacriptian of Property. "'' ' ~- -~ ;r,. .,. - .a,,;b. yw. ' .„ .' j ~ k.. -.--. 1 ~ { i i...... y 1-~ . : ~ N i '~~M S.' .~' ~'• 1 ~ ': - X .. 11. '~Yt 'C llf ..~ .rJi'9~ .::SP.y '` :.~:: 1 Y. v'.~,. A' ,gyp. y/'~~ ..A S 2/1..~ .A M A..c.GS J... '. ~ :e a~ ~ ... :$.Y. XnSi'n'a~'.lt r-.'..r vY .: :;: I ~`~--~::,. .{ t,~J K' n' ,. . i y;. , w y. t 0.yp,'+r i ai :11 ~+*!xFT du =~~~ , 5 l - <' , - a ~ ~ ., ~. ~~-~,, G - ti~ , ... _ „?'r r m r~ [,4:- r ;.,A ~y~ r y ~y l ~t ~ R ,~F+s s .:.: li". .. f' . Y ~d i?.~{ _. y - . N ~ = L ! ~ O E., -3 N ~ D ~ V am .~ .a 7 :: '. ry ~ ~ C .. L x n ~ Y W C ~ ~ ~ ,-i w w c ~ ~ ~£ti .i~ ., ,> .~ ~-x c x ~ m ' d ~ u ~ ~ - :;:;~0. •.~. c.« .. . .: ~a =ii >•~ 44- YleJi ar 9th R1s'k» !:Y . ay V ~ ~.. ~ ~ m ~ ~ 3 ` W o V c S+ .. ~ . ~ ~ 3 E ;. : CL a ~ L CL MJf 7 ey . n ~ ~ , O ~ W 1] G z ~ ~ I` 0 ~~ 5~~~ i \~ .. i , y!._Q a5 U H a - _ '• n i :. ., :~ i T/ iR T.r+ y >.. 1 +_ t rJ e ~Y i' A` h! 1 ~ .Y. ' ' ,,. s .. r ...,. i , ., ~ ~. LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGNNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence aloe, said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (ZO) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (32) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the gremises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) minutes twenty (20} seconds West a distance of one hundred twenty (120) feet to a point; theace along the aforesaid line of Charles Street north thirty-one (31) degrees fifty-four (54) minutes forty (40). seconds West a distance of one h~,,,.~~>~+ nnnl feet to a noint. thebointand place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126, CONTAINING 12,000 Square Feet. ~. UNDER AND SUBJECT to all applicable restrictions, reservaCions, easements and rights-of-way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 20, 2984 in [he Office of the Recorder of Deeds in and for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. y- __ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from lames M. Garland dated 5/10188 recorded 5!12188 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 -- ~, ~~ (~^n V f ~, ~~ ~-~ - ~ ~~ ~~ -~_SL--. ~ ~ ~~ ~// _~ ~~ ~~ s, c~ ~~ r ~ ~-. i^J ~ -r (...~ ~T. ~:~ LJ ~, - . -. _~ ~t `_- _ , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE, BY ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB Plaintiff(s) From DONALD M. AND PAULA W. WILEY, 1709 CHARLES ST., NEW CUMBERLAND PA 17070. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1709 CHARLES ST., NEW CUMBERLAND PA 11070 (SEE LEGAL DESORPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 $185,477.99 Interest FROM 1/2/02 @ $46.53 per diem Atty's Comm Atty Paid $2,013.76 Plaintiff Paid Date: JUNE 3, 2004 (Seal) REQUESTING PARTY: L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG Prothon tart' Dep ty Name RICHARD F. STERN, ESQ. Address: 410 THE PAVII,ION JENKINTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (215) 572-8111 Supreme Court ID No. 03315 UNITED STATES BANKRUPTCY COURT ~ ~ (~ MIDDLE DISTRICT OF PENNSYLVANIA f -v11 jjjJ JJJ~ IN RE: DONALD M. WILEY CASE NO.: 1-03-03400 CHAPTER 13 DebWr(s) pgnF.R DISMrsSiNG CASE NOW, ihis~2'u, day of May, 2004, Upon consideration of Certificate of Default on Stipulation on Trustee's Motion to Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-namai debtor(s) be and it hereby is dismissed and it is further ORDEREDthatthetmateeherebyisdischargedfrom fiutherresponsibilityin thiacase, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby arc dismissed, and it is further ORDERER that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT: MARYA ~~;PT CE 8~~( IIARRISBURG, PENNSYLVANIA BAN!tR ~j CY JUDGE FILED '~"'Rppp~'p w~Y ~ z goat Clerk, U.S. f3ankruptcy Court oasaue ~za~9088485016 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIl2ST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CNIL DONALD M. WILEY and PAULA W. WILEY r., NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stem and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Helen\sales\CUMHERLAND\OCWEN-WILEY CUMBERLAND 12-OLwpd 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 Stem and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a shaze of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 1:\Helen\sales\CUMBERLHND\OCWEN-WILEY CUMBERi.AND 12-OLwpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW RICHARD F. STERN, ESQUIItE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CNIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Squaze Carlisle, PA 17013 Deaz Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Cazlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who aze also the real owner(s) of said premises. 1 have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. STERN AND STERCHO 6/1/04 BY: RICHARD F. STERN, Attorney for Plaintiff 1:Welen\sales\CUMBERI,P.ND\OCWEN-WILEY Cl1MBERLP.ND 12-OLwpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CNIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CFIARLES STREET, NEW CUMBERLAND, PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Cazlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Cazlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/1/04 STERN AND TERCHO BY: F. STERN, Attorney for Plaintiff J:\Efeten\sales\CCIMBERLAND\OCWEN-WILEY CUMBERLAND 12-0l.wpd LEOAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more pazticulazly bounded and described as follows, to wit: BEGINNING at a point in Che easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feeC to a point; thence aloe; the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS} minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles !Street north thirty-one (31) degrees fifty-four (54) minutes forty (40). seconds West a distance of one h,,,,,~~.~ rinm fret to a point. the oointand place. of beainnin~. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements :and rights-of-way of record, including, but not limited to, a Declaration datedDecemberl0, 1984 and recorded on December 10, 1984 in the Office of [he Recorder of Deeds in and, for Cumberland. County, Peruisylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded oa August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pe~sylvania in Miscellaneous Book Volume 308, page 372. `ALSO UNDER AND SUBJECT co a sanitary sewer easement as shown on said plan. RECORD OWNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/ 10/88 recorded 5/12/88 in [he County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23--0541-311 ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVII, ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 C1VIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Chazles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A J:\Helen~sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-Ol.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 6/1/04 STERN AND STERCHO BY• CHARD F. STERN, -'' Attorney for Plaintiff J:\Helen\sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-Ol.wpd First Union National Bank, as Trustee In The Court of Common Pleas of By its attorney in fact, Ocwen Federal Cumberland County, Pennsylvania Bank FSB Writ No. 2001-6513 Civil Term VS Donald M. Wiley and Paula W. Wiley R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Richard Stern. Sheriff s Costs Docketing 30.00 Poundage 2.13 Law Library Prothonotary 1.00 Levy 15.00 Surchazge 30.00 Share of Bills 30.49 $108.62 paid by attorney 07/14/04 Sworn and subscribed to before me So ~~w This /3 ~ day of ~%~"~-s'~ ~f -'^y~~~e R. Thomas Kline, S7%%heriff 2004, A.D. ~e. ~ /~U[~, ~ . BYJfi~~~~,~ Prothonotary Real Es to Deputy 1~~4~4~9 n.. j5jl9s~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I,D. # 03315 FII2ST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CNIL DONALD M. WILEY and PAULA W. WILEY {, AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ ofExecution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Chazles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Stteet New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A J:Vielenkales\CUMBERLAND\OCWEN-WILEY CUMBER[ 4ND 12-Ol.wpd 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N1A 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 l~ Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 6/1/04 STERN AND STERCHO BY• CHARD F. STERN, Attorney for Plaintiff 1:Welen\sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND I2.Ol.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CNIL DONALD M. WILEY and PAULA W. WILEY r, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 A.M., in the Cumberland County Courthouse, Cazlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stem and Stercho the back payments, late chazges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stem and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Helen\sales\C[JMHERLAND\OCWEN-WILEY CLiMBERLAND 12.Ol.wpd You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELO W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 1:Vielen\sales\CUMHERLAND\OCWEN-W1LEY CUMBERLAND 12-Ol.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUII2E STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CNIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Deaz Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Cazlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who aze also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/1/04 STERN AND STERCHO BY: RICHARD F. STERN, Attorney for Plaintiff 1:V-Ielen\sales\CUMBERLAND\OCWEN-WILEY CUMBERLAND 12-Ol.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FII2ST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND. PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courtliduse Square Carlisle, PA 17013 Deaz Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 8, 2004 at 10:00 A.M. in the Cumberland County Courthouse, Cazlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who aze also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions aze filed thereto within ten (10) days thereafter. 6/1/04 STERN AND/TERCHO BY: RI HARD F. STERN, Attorney for Plaintiff 1:Vielen\sales\CIIMBERL.AND\OCWEN-WILEY COMBERL.AND l2-Ol.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, CO Wit BEGNNING at a point in the easterly right-of--way line of Chazles Street at [he dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (05) minutes twenty (20) seconds West a distance of one hundred twenty (120) feet to a point; thence along the aforesaid line of Charles 'Street north thirty-one (31) degrees fifty-four (54) minutes forty (40} seconds West a distance of one h,,,,,~,.A,~ nnm fPer to a nnint. the nointand place ofbe~innin~. BEING Lot No. 37 on the Plan of Westover Gazdens, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 46 Page 126. CONTAINING 12,000 Squaze Feet. ~. UNDER AND SUBJECT to all applicable restrictions, reservations, easements ;and rights-of--way of record, including, but not limited to, a Declaration dated Decemberl0, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds in and. for Cumberland. County, Pennsylvania in Miscellaneous Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book Volume 308, page 372. ,ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. ' ; RECORD OtiVNER: TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from lames M. Garland dated S/ 10J88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. Parcel No. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE, BY ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB Plaintiff(s) From DONALD M. AND PAULA W, WILEY, 1709 CHARLES ST., NEW CUMBERLAND PA 17070. (1) You aze directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1709 CHARLES ST., NEW CUMBERLAND PA 17070 (SEE LEGAL DESORPTION) . (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you aze directed to notify him/her that he/she has been added as a gamishee and is enjoined as above stated. Amount Due $185,477.99 Interest FROM 1/2/02 @ $46.53 per diem Atty's Comm Atty Paid $2,013.76 Plaintiff Paid Date: JUNE 3, 2004 (Seal) REQUESTING PARTY: L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG Proth n tary ' By: ~ Dep ty Name RICHARD F. STERN, ESQ. Address: 410 THE PAVILION JENKBVTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (215) 572-8111 Supreme Court ID No. 03315 Real Estate Sale #45 On June 15, 2004 the sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1709 Charles Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2004 xlh~:" ; ;,i~ ~~ia3~a ,,,.:o~.w~3o By: Real Es to Deputy ~ iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( )Confessed Judgment First Union National Bank, as Trustee by its attorney in fact, ~ ( ) Other Ocwen Federal Bank FSB File No. Ol-b 513 CIVIL vs. Donald M. Wiley and Paula W. Wiley Amount Due $185,477.99 Interest the date judgment is entered at the per diem rate of $46.53 Atty's Comm Costs TO THE PROTHONOTARY OFTHE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 1709 Charles Street, New Cumberland, PA 17070 See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date MArch 25. 2005 Signature: j~/L'L.____ l' Print Name: u; shard F. Stern Rc4. Address: 410 The Pavilion Jenkintown, PA 19046 Attorney for: Pi at nt; f f Telephone: (215) 572-8111 Supreme Court ID No.: 03315 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 ~ ~. ~ ~; ~ a W ,~ 6- ~ ~ ~, _ -i- ~ ~ c ~ CC GC c ~ ~ c ~ `~ J I ~ ~ ~-- 0 ~ ~ ~ l ~ ~ ~ _ _ ~~' ~~ ~~ _ __ -,;fir-- ~ ~ ~- ~~ WRIT OF EXECUTION and/ar ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE BY ITS ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB, Plaintiff (s) From DONALD M. WILEY AND PAULA W. WILEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $185,477.99 L.L. Interest THE DATE OF THE JUDGEMENT IS ENTERED AT THE PER DIEM RATE OF $46.53 Atty's Comm % Due Prothy $1.00 Atty Paid $2136.48 Other Costs Plaintiff Paid Date: APRIL 4, 2005 CURTIS R. LONG Prothonotary (Seal) ~j~y 7 _ Bv' ~// ~~. ~ / / / DDS o Deputy REQUESTEQG PARTY: Name RICHARD F. STERN, ESQUIRE Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Te]ephone:215-572-8111 Supreme Court ID No. 03315 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DONALD M. WILEY ~Op CHAPTER 13 Debtor(s) CASE NO.: 1-04-bk-03969 ORDER DISMISSING CASE NOW, at Harrisburg, in said District, Upon consideration ofthe Certificate of Default filed by Trustee, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. BY THE COURT, Date: March 18, 2005 v'1l~,~ lg~ p~J~uuL~ urns This electronic order is signed and filed on the same date. iwsx~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-811:` I.D. ~ 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: aV~A 4 Name and address of the last recorded holder of every mortgage of record: NrA 7 AApne~SalesVCumberlandVOcwen. Wiley.Relist3.05. wpd 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3/25/2005 STERN AND STERCHO BY: ~- " RICHARD F. STERN, Attorney for Plaintiff 7-iAnne\SaleslCumbedandlOcwen. Wiley.Relisr.3.OS.wpd r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN ANDSTERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : N0. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 7:\Anne\Sales\CumberlaM\Ocwen. W iley.Relist.3.O5.wpd You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 J:\Anne\Sales\Cumbedand\Ocwen. Wiley.Relist.3.O5.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND 5TERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. ~ 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES• 1709 CHARLES STREET NEW CUMBERLAND PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 7, 2005 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 3/25!05 STERN AND STERCHO BY: RI HARD F. STERN, Attorney for Plaintiff J:\Anne\Sales\Cumberla~\Ocwen. W iley.Relist.3.O5.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN ANDSTERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federa] Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET NEW CUMBERLAND PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 7, 2005 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold, This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 3/25/05 STERN ANDS ERCHO BY: RIC ARD F. STERN, Attorney for Plaintiff 7 ~\Anne\Sales\Cumberlandl0cwen. W iley. Relist.3.05. wpd ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Chazles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120} feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100} feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58} degrees five (OS) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from lames M. Garland dated 5110{88 recorded 5/12!88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 r-~ C7 ~.- i7 ~ -n ~. t i~- -.,IT 1 a i ~~LJ in r:. ~, (.J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank PSB 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 sa]e will be cancelled if you pay to Stern and Stercho the back payments, ]ate charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Anne\Sales\Cumberland\Ocwen. W iley.Relisc 3.O5.wpd You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff s Office by calling (717) 240-b390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (71?) 240-6200 1:1AnnelSaleelCamtxrlandl0cwen. Wiley. Relist.3. D5. wpd ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; Yhence along said dividing line north filly-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the tine of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five {OS) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12!88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 t-J ~ r. - r„ ~-, ~_; -~~ _._, _.J ~l l r._~. ~ ~.. l? f' ' O ~ C~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB V5. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W . WILEY CERTIFICATE OF SERVICE I, RICHARD F. STERN, attorney for the within Plaintiff, hereby certify that notice of tl~e Sherif~~ s Sale was mailed to the Defendants by certified mail, return receipt requested on June 10, 2005. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on June 10, 2005 as evidenced by copy of certificates of mailing attached. STERN AND STERCHO G L(l~ ~~ sue.., BY: RICHARD F. STERN Attorney for Plaintiff 6/10/05 } ~ _ . W IL IL m LL ~ . ~ ~ ~ m ?Q V m ~Q ~ m m ^ ~ m EE mE o a .s ~ ¢~ T>$ ~o ~ o , 11 ~ ~ ~ ~ m ~ ¢~ c ~ c I m ~.9ZS dQb'C 'LD00 D6E[] SDOz m C v tvO l 1~~ ~, ~ _ LL LLm LLm ~ a ~ ~~ ~¢ ~ ~ U ¢d ~~ om dm m m N ¢'~ V a p ~ O y ~~ ~ III? I' S ~0-Q6rI 'CDDD - 06ED 50DZ ~ N ti ~ v u.s. PosTAL sERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANC T R g ---.~.-._ ~--- , a. _ T,, Sail' Received From: Attorneys at LaW The Pavilion 261 Old York Road, Suite 410' ~ C~ e--a / One piece of ordinary mail addres d to: ~ `c~s~~.,~„r ~ '' l I'll ~L~~~Ctl,~ \ ti01-~~ . ~ ,~ 1~ 1 ` LItJ ~ t ~~1~1.) ~ r ~ ~ ~ >s~ ~ 1.~~ r-Q.. GAY 1-,.5 ~ ~ 1 ~1~1 PS Form 3817, Mar. 1989 ,~i~ee here in stamps or rrf9rer p~Stage -and qps rl~ Inquire of E~s~e~~~, current tee. ~ t: Z ^ €.. N Q ~` `` ~v D -C2~C0 V - ;~ ~.J~ a /f~ ~ ,~ ~o o .~ o -~ r o v? ~„~ a ~~~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: STERN & STERCHO The Pavilion ~ ~~'"~ "~~ , 261 Old or oa u~ , - . t~ : . ~, sp .~ ~ One piece of ordinary mail addressed ~ ~ ~ ~ ~ ~ (,~ \ \Ys ~ ~~ c~ i9. ~0~7111~ ,~ ~~~ r~~~ Q~~ ~'~u~t~ ~~~~ I ~~ ~ ~~~1 nZ~ ~ ~Q l~ ~ ; V / - I'1c~ PS Form 3817, Mar. 1989 ~ ~ ~ ~ ~~ -n _ r"°' ~ -n -_ - `._ r -n - -- W -,~; ~ rvl r 7 ' -t3 -~ -ri ' ::,.. c~ '~; w --: First Union National Bank The Court of Common Pleas of VS Cumberland County, Pennsylvania Donald M. Wiley and Paula W. Writ No. 2001-6513 Civil Term Wiley J. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2005 at 11:08 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Donald M. Wiley, by making known unto Donald M. Wiley, personally, at The Cumberland County Courthouse, Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2005 at 6:18 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Paula W. Wiley, by making known unto Donald M. Wiley, husband of Paula W. Wiley, at 1709 Charles Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 07, 2005 at 4:47 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donald M. Wiley and Paula W. Wiley, located at 1709 Charles Street, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Donald M. Wiley and Paula W. Wiley, by regular mail to their last known address of 1709 Charles Street, New Cumberland, PA 17070. These letters were mailed under the date of July O1, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Richard Stem. Sheriffls Costs Docketing 30.00 Poundage 13.60 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Mileage 27.20 Certified Mail 1.60 Surcharge 30.00 Law Journal 269.00 Patriot News 258.23 Share of Bills 18.20 Prothonotary 1_00 $693.83 Sworn and subscribed to before me This F"` day of 2005, Answ s r p R. Thomas Kline, Sheriff BY ~fl t Real Estate Sergeant C~ I.~ ~~p43.L ate. ~Lk'v~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-811 "t I,D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONP,LD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for rte Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A 1:\Armc\Sales\Cumberland\Ocwen. Wiley.Relist.3.O5.wpd 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Squaze Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3/25/2005 STERN AND STERCHO BY: RICHARD F. STERN, P.ttcrney for Plaintiff 7:\Anne\Sales\Cumberland\Ocwen. Wiley.Relist.3.O5.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 LD. N 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federai Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 A.M., in the Cumberland County Courthouse, Cazlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sate you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Stercho the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Stercho, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\Anne\Sales\Cumberland\Ocwen. W itey.Relist.3.05. wpd You may need an attorney to assert your rights.. The sooner you contact one, the more chance you will have of stopping the sale. (See notire on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Stercho, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Stercho, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)240-6200 }:\Arme\Sales\Cumberland\Ocwen.W iley.Rdist.3.D5. wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. it 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET NEW CUMBERLANll PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 7, 2005 at 10:00 A.M. in the Cumberland County Courthouse, Cazlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 3/25/05 STERN AND STERCHO BY: RI HARD F. STERN, Attorney for Plaintiff ):\Anne\Sales\Cumbedand\Ocwen. Wiley. Relist.3.O5.wpd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. ff 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES• 1709 CHARLES STREET. NEW CUMBERLAND~PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on SEPTEMBER 7, 2005 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 3/25/05 STERN ANDS ERCHO BY: C/ RIC ARD F. STERN, Attorney for Plaintiff I:\Anne\Sales\Cumberland\Ocwen. W iley.Relist.3.O5.wpd ALL THAT CERTAIN tract or pazcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particulazly bounded and described as Follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Gazland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6513 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE BY ITS ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB, Plaintiff (s) From DONALD M. WILEY AND PAULA W. WILEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you are directed to notify him/her that he/she has been added as a gamishee and is enjoined as above stated. Amou t Due $185,477.99 L.L. Interes~ THE DATE OF THE JUDGEMENT IS ENTERED AT THE PER DIEM RATE OF $46.53 Atty's Comm Atty Paid $2136.48 Plaintiff Paid Date: APRIL 4, 2005 Due Prothy $1.00 Other Costs Y URTIS R. NG Prothonot/a/ry (Seal) B~• G/ /f~ o ~ ~~//~ ~ Deputy REQUESTING PARTY: Name ~2ICHARD F. STERN, ESQUIRE Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 Real Estate Sale # 19 On May O5, 2005 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1709 Charles Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May O5, 2005 By. J~~ S~ Real Est e Deputy EO :~ d q- tidtl SUUi D~~ ~~~ ~~12i~H`~ ._FlI~JO ~ li~~U 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 Pattiot 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 Hazrisburg, 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 Mazket 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 regulaz 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 Sworn to and SALE #19 before r¢e'ffils 16th day of l~/l /o,~,ti ,~ 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 258.23 ~~a~we.>Is wax Mo. iaw~sts Clvll Firm Rr~t llralon DWorol Bank Vs DorsYd A1. WINy end iYah rY~9Urn .iJF~CRIPTION AI.L.I7IAT C®fpAPI hect or pmcel of land Nnulte in tlk Bocay6 of Nea CWmheslaod. w1-~• w •.~tiGs:frnrr# ~ dy Ime of (Led4stRa at me -Irwas me tne~eea harem deambcd aol let thence ebnq sue live mnhfilly eauadiateocc d'mehu~tedtwmty (I20)feetro a point tlwsce almg the lire of lends now a fotmaly of Comif mouth tl~utyme (3Q degRes 5fiy foie (54) Ninahs foray (40) secede eaaz a disrance of one hundred (100) feet m a pout iloog the dividigg Ime haween the p[emisea herein dacnbcd e~ Ia No. 36.E ih haeinaNa mmtiooee Plm of Lae mouth fdty eight (Sg) degrtnfive (OS). 7T{7E u vewW io IkmW M w,ky end peals w wdey, ms wjfe, by fkM tram 3amee hd. carmen ease SIIQ'88 sacmdad saves m ma County of CYtm~bas7eodm Ikod Hook l33 page 365. TAXPARC©.A36210541-311. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since Januazy 2, 1952, been regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz 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 isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 29 day of July. 2005 _ NOTARIAL SEAL " LOIS E. SNYDER, Notary Pub~C Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE BALE NO. 19 Writ No. 2001-6513 Civil First Union National Bank vs. Donald M. Wiley and Paula W. Wlley Atty.: Rfchazd Stem ALL THAT CERTAIN tract or par- cel of land situate in the Borough of New Cumberland, County of Cum- berland, and Commonwealth of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Loi No. 38 on the hereinafter men- tioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (720) feet to a point; thence along the line of ]ands now or formerly of Conrail south thh-ty- one (31) degrees tiky-four (54) min- utes forty (40) seconds east a dis- tance of one hundred (100) feet to a point; thence along the dividing line between the premises herein de- scribed and Lot No. 36 on the here- inafter mentioned plan of lots south fifty-eight (58) degrees flue (05). TITLE is vested in Donald M. Wi- ley and Paula W. Wiley his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book 133, page 365. 26-23-0541-311 YN'THE COURT OF C MON PLEAS OF CUMBERLAND C ITY, PENNSYLVANIA ~ CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( )Confessed Judgment , First Union National Bank, Other as Trustee byrits attorney in fact, ( ) Ocwen Federal Bank FSB File No. 01-6 13 VI . vs. Amount Due $185.477.89 Donald M. Wiley and Paula W. Wiley Interest the date judgment is:.entered:iat the per diem rate of $46.53 Atty's Comm _ Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 1709 Charles Street. New Cumberland. PA 17070 See full 1eea1 description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). '(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date .TUNE t4, 2006 Signature Print Name: Address: _~_<: 410 The Pavilion Jenkintown, PA .19046 Attorney for: Telephone: (215) 572-8111 Supreme Court ID No.: 03315 (over) i ` l~ RJ •-- ~ ~ ~ ~ ~ ~ "~J V'~ 1 ~~ -. -o ~-O _ ~bs. Vt h -0 tit, ~ ` = c '~oaGv'~w~`'1r C4 Q ~ ?r ~~d C C ~'' ~ , ~ ~: ~ ~ , , 1 .,~ _.. ° > r~. ~ ~ .. ~' 40 ~ ~ ~ ~, M1 ' ~ 1 ~ ` W M w _ ~ \ 1 .~ Y ti~ C Q ALL THAT CERTAIN tract or pazcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Chazles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Gazland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6513 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To saflsfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE BY ITS ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB, Plaintiff (s) From DONALD M. WILEY AND PAULA W. WILEY (1) You are duected to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $185,477.99 L.L. Interest THE DATE JUDGMENT IS ENTERED AT THE PER DIEM RATE OF $46.53 Atty's Comm % Due Prothy $1.00 Atty Paid $2845.31 Other Costs Plaintiff Paid Date: JUNE 21, 2006 CURTIS R. LONG (Seal) Prothono ,~ , A~_,, D ~ o A.?il Deputy REQUESTING PARTY: Name RICHARD F. STERN, ESQUD2E Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DONALD M. WILEY CHAPTER 13 l'a~ CASE NO.: 1-05-BK-04961 Debtor(s) ORDER DISMISSING CASE Upon consideration of Trustee's Certificate of Default by Debtor of Stipulation in settlement of prior Motion to Dismiss, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. Bf t)<i! ~Affi'tt ~P . ,~~' ~ Dated: May 15, 2006 Tlrls documcat is electranfca!!y signed undtPled ora-the same date: MDPA-018M6/2WPT REV !M6 035483 - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND EISENBERG The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 LD. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: J: V+NNE\SALES\CUMBERLAND\OCWEN. W ILEV.RELIST.3.05. W PD N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penaRies of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 6/13/2006 STERN AND EISENBERG Y: Pu-- RICHARD F. STERN, Attorney for Plaintiff J: ViNNE1SALESICLIMBERLAND\OCWEN. WILEY.RELIST.3.05. WPD ~ N CT er• r `,~~} Cam; i11 _-~ ~ _ r-n nJ i n CJ1 ,3! 4,i ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on December 6, 2006 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stem and Eisenberg the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J: W NNEtSAIES\CUMBERLANDIOC WEN. WILEY.REUST.3.05. WPD You may need an attorney to assert your rights. The sooner you contact one, the more IIhance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J: WNNE\SALES\CUMBERLAND\OCWEN. WILEY.RELIS7.3.05. WPD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215)572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET, NEW CUMBERLAND. PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on December 6, 2006 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest,. if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/13/2006 STERN AND EISENBERG .~ B ~-- RICHARD F. STERN, Attorney for Plaintiff J:W,NNE\SALES\CUMBERLAND\OC W EN.W ILEY.RELI5T.3.OS.W PD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F, STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET. NEW CUMBERLAND, PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on December 6, 2006 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/13/2006 STERN D EISENBERG BY: ~ RICHARD F. STERN, Attorney for Plaintiff J: WNNE\SALES\CUMBERLAND\OCW EN. W ILEY.RELIST.3.05. W PD ra n -° t c ~, ~ _., I". C.. S 1 ~~ 7 _ Y: ~~ ~, ~ I 1 _ ~ _. _,~ Ir rJ ~ ~"' ~~ ~ ~__ ~ 7 )~~(1 c~ - ui ALL THAT CERTAIN tract or pazcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Chazles Street at the dividing Line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL ACTION -LAW RICHARD F. STERN, ESQUIRE STERN and EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215)572-8111 I.D.#03315 FIRST UNION NATIONAL BANK, as Trustee by its attomey in fact, Ocwen Federal Bank FSB VS. NO.Ol-6513 CNIL DONALD M. WILEY AND PAULA W. WILEY PRAECIPE TO ASSIGN JUDGMENT To the Prothonotary: Please assign the Judgment of First Union National Bank, as Trustee by its attomey in fact, Ocwen Federal Bank FSB entered on,January 2, 2002 in the amount of $185,477.99 to the use of Lehman Capital, a Division of Lehman Brothers Holdings, Inc. c/o Ocwen Loan Servicing, LLC, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. STERN AND EISENBERG LLP BY: RICHARD F. STERN Attomey for Plaintiff 7/27/2006 ~ ~ .~ ~ O '.~ w d ~ ~ -~ ~~, ~. ~- ~~ .~ --.. ~ ~; r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB VS. : NO.Ol-6513 CIVIL DONALD M. WILEY AND PAULA W. WILEY CERTIFICATE OF SERVICE I, RICHARD F. STERN, attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendants by certified mail, return receipt requested on September 26, 2006. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on September 26, 2006 as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP e~~-~~- RICHARD F. STERN Attorney for Plaintiff 9/28/06 '~ ~ . ~ 1 ~ /• - 1 • -..- • .• y. ~ e „.y.d £ ^.`.F48 ~:. ' ^ ~~/ Postage $ y ~`~045'99 r Certified Fee _ Q ~ O Return Receipt Fee Z ~ostmarl~ t„y,~,~p O ~ `~`~ '~- (Endorsement Required) ~ ~ w O Restricted Delivery Fee ~-. J ~ (Endorsement Required) _ ri ~ . fTl Total Postage n Fee° ~ "` 0 Sent To Paula W.Wiley --- 1709 C'.harles Street ._ ~t;~e~ ~t No. or PO Box No. New Cumberland, PA 17070 Cftyy, State Z1Pi :~~ ~r ~~[[ '.' {.' ^~ I~ ~~ 8i. 1 Y ~ , L~ 1 ~~/ Postage $ Q Certified Feci ~~~~~~~ SHs~ P j Return Receipt Fee: O O ;:_ndorsement Required) ~, ~ O R®stricted Delivery Fee ~ C ,~ ;:Indorsement Required) n` fY"1 Total Fostage & Fees: ~a ,~ ;, y ~> 0 31entTv-- Donald M. Wiley ° -;~r~t ~At: No. 1709 Charles Street __..__..___ "r POa~x"°. New Cumberland, PA 17070 e;iry, StaState, ZIP ! Firll~illY : r r ~e r ~ i fi~ v R fd1 ' ~ U.S. POSTAL SERVICE CEF;7'IFICATE OF MAILING - MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N~")T PROVIDE FOR INSURANCE-POSTMASTER - - Received Fmm: STERN ~ E~S~.IV~ERG LI.P Attorneys at Law 1~'~4 261 Old York Read, Suite 410 Q . ``fir One piunc of nrrlinanr mail orlrlroccorl fn ~~ _ Domestic Relations ~ poi-` _ Cumberland County Courthouse 1 Courthouse Square - Carlisle, PA 17013 --- PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING - MAY BE USED FOR DOMESTIC AND INTERN~~TIONAL MAIL, DOES N(??' PROVIDE FOR INSURANCE-POSTMASTER Received From: $'~'ER(y ~ E~~EygERG I.LP ~ ~~~s.~; Attorneys ut f.~.t-r ~ 2 ~ -~--~~~~s'. Ti.~ 0...: e•... r'r7G"1"CS9 i17Qr~~,.. . 261 Old York Road, Suite 410 ~ ~ `, © 1 ' t ,. One Tax Claim Bureau ~~oi~in'~~ - Cumberland County Courthouse - 1 Courthouse Square Carlisle, PA 17013 FUf~ in stamps r ` gland +.rl~~quif~of 'o,~tma ~ r cul~nt ems. ~q '~,i ~ i ~~ 3y ~ y ~e ~~ _..~~, ~ ~, „ .~-• ~ 4f5 ~' f if!kl@~$~y stamps g~~nd siTtf"a uire~f ohs r curr,~nt e. y, -u ,~ c~c cr ~,~ ~ I~t~ .~~~ ~~ PS Form 3877, January 2001 + F» C ~ `ri ~ ,.`""f S T7 C..,, -,.a. ~' ,_a^~ .: r' Ly +c.._ .~ f ~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #03315 FIRST UNION NATIONAL BANK, as Trustee, by its attorney in fact, Ocwen Federal Bank FSB VS. : NO.01-6513 CIVIL DONALD M. WILEY AND PAULA W. WILEY CERTIFICATE OF SERVICE I, RICHARD F. STERN, attorney for the within Plaintiff, hereby certify that notice of the Sheriffls Sale was mailed to the Defendants by certified mail, return. receipt requested on September 26, 2006 and received by the Defendants on September 30, 2006 as evidenced by copy of certified mail receipts and signed green cards attached. STERN AND EISENBERG LLP B ~`~'~ RICHARD F. STERN Attorney for Plaintiff 10/3/06 7aa5 311a nap4 252c ~'~4'~ NS ~ ~ am o, _ ~.. s~; -{ ~ ~ , O~ m~ ~~ ~Og ~1 fl 0 3~i 3 3 C1 ) ~ D ~?. ~m gyp O m m C~. ( 6 ~ ...~7 `1 y 41 C~'fl m ~ ~ m ~ "1 ~ n a~ 8m m m ~ N O ~ N ~ m w ~' ~ ~ Q j 3 ~ m N ~ ~ ~. ~ ~ o V A of m n m C '3 m m j,~ pq~ .. S~~ 'a` ~d rn ~~ ~~ ~~ ,,...,~ . 7aa5 37~1a aaa4 2524 242a I~; ~. ~ m o°~ ~ 09 • 10i p ~ m~ fDC s°• "~ m ^m ~~ ''m ~ 9m m ~ G o »w ' l ~ O ~ n ~m ^~ ~y~ ~ ~ 0 ~ ^ .. ~^' CA ~ ~ ~ O D N '9 : ~ C7 -~ ~ O ~±. O O ~ n ~ "` ~ p to n f ~D Z j Q ~ ", ~ ~ 4 A " S '~ O ~. N ? ~i ~ ~ t9 i ~ ~3 j ~ c°fl~ `° a~o~Nm - 3 g ~ ~ ~ O ~m~33 47 O C j ~-+ ~ ~ ~ .+ ~ Q N w d ~ ~ ~ m US ~ ~ ~_ o ~N r N~ Q. ~cQ1i~ic~w xw Z N a ~ ~ Q' CD N D ~ o a N p 0 W O ~ .~. 3 ~ -~ a3 ' .?~ ~, ~ ~ ~ N N "~ O , ~ ~ m m -~1 O _ '~.~ 0 O O 3 Ln o W m ~ c ~ ~ C7 31 Q m m, D 'O 0 IlJ to fLl .~ 0 s N 3 0 A ~ ^ ^ ~ ~ N w a a m ~ ~ ~. ~. ~ oo^ ~ b~~ ~~ ~~ ~ z `~ ~~ m. ~~ a w o. C) r-~ ~n ~~" i J, `~' ["~ .--~ ~ -c-, - ~ f`` ~ ~ ,~ ~r _n rr ~ `~-, _ -;:~ l ~ ~~Ti . fy. ` , W ^~ °rJ C~ /~. 'p a -~ ~i.X~} First Union National Bank, as Trustee by its In the Court of Common Pleas of Attorney in Fact, Ocwen Federal Bank FSB Cumberland County, Pennsylvania VS Writ No. 2001-6513 Civil Term Donald M. Wiley and Paula W. Wiley Sgt Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on September 08, 2006 at 1110 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Donald M. Wiley, by making known unto Donald Wiley personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 2010 hours she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Paula W. Wiley, by making known unto Donald Wiley, adult in charge for Paula W. Wiley, at 1709 Charles Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1 1, 2006 at 1025 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donald M. Wiley and Paula W. Wiley located at 1709 Charles Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Donald M. Wiley and Paula W. Wiley, by regular mail to their last known address of 1709 Charles Street, New Cumberland, PA 17070. These letters were mailed under the date of October 10, 2006 and October 16 respectively and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Richard F. Stern. Sheriff s Costs: Docketing 30.00 Poundage 60.00 Posting bills 15.00 Advertising 15.00 Law Library Prothonotary 1.00 Mileage 29.92 Certified Mail 2.60 Levy 15.00 Surcharge 30.00 Law Journal 269.00 Patriot News 255.38 Share of Bills 15.94 Postpone Sale 20.00 $758.84 / 3j iy~o'1 So ~~~~ s~~ai~4s I ~-.. R. Thomas Kline, Sheriff BY ' d ~ ~ Real Estate rgeant o~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND EISENBERG The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I . D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY AFFIDAVIT PURSUANT TO RULE 3129.1 RICHARD F. STERN, attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or Reputed Owner(s): Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: Donald M. and Paula W. Wiley 1709 Charles Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: J:\ANNE\SALES\CUMBERLANDIOCWEN.WILEY.RELfST.3.05.WPD N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 6/13/2006 STERN AND EISENBERG ~v. ~u`. C~-R'"ICHARD F. STERN, Attorney for Plaintiff J:WNNE\SALES\CUMBERLANDIOCWEN.WILEY.RELIST.3.05.WPD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on December 6, 2006 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Eisenberg the back payments, fate charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:\ANNE\SALES\CUMBERLAND\OCWEN.WILEY.RELIST.3.05.WPD You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney. ) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Safe is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717} 240-6200 J:~.4NNE\SALES\CUMBERLAND\OCWEN.WILEY.RELIST.3.05.WPD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 t.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET NEW CUMBERLAND PA 17070 Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on December 6, 2006 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/13/2006 STERN AND EISENBERG B - ~- RICHARD F. STERN, Attorney for Plaintiff J:WNNE\SALES\CUMBERLAND\OCWEN.WILEY.RELIST.3.OS.WPD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 I.D. # 03315 FIRST UNION NATIONAL BANK, as Trsutee by its attorney in fact, Ocwen Federal Bank FSB VS. : NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY RE PREMISES: 1709 CHARLES STREET NEW CUMBERLAND PA 17070 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir: Please be advised that I represent the above creditor which has a judgment against the above defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on December 6, 2006 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, PA. The sale is being conducted pursuant to the judgment in the amount of $185,477.99 plus interest thereon entered in the above matter in favor of plaintiff against the above-named defendant(s) who are also the real owner(s) of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6/13/2006 STERN D EISENBERG ~s BY: ~ RICHARD F. STERN, Attorney for Plaintiff J:\ANNE\SALES\CUMBERLAND\OCWEN.WILEY.RELIST.3.OS.WPD ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterlyright-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four (54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58) degrees five (OS) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW RICHARD F. STERN, ESQUIRE STERN AND STERCHO 410 The Pavilion Jenkintown, PA 19046 (215) 572-8111 l.D. # 03315 FIRST UNION NATIONAL BANK, as Trustee by its attorney in fact, Ocwen Federal Bank FSB VS. NO. 01-6513 CIVIL DONALD M. WILEY and PAULA W. WILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD M. AND PAULA W. WILEY 1709 CHARLES STREET NEW CUMBERLAND, PA 17070 Your real estate at 1709 CHARLES STREET, NEW CUMBERLAND, PA 17070 is scheduled to be sold at Sheriffs Sale on December 6, 2006 at 10:00 A.M., in the Cumberland County Courthouse, Carlisle, PA, to enforce the court judgment of $185,477.99 obtained by Ocwen Federal Bank FSB against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Stern and Eisenberg the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J:WNNE\SALES\CUMBERLAND\OCWEN.WILEY.RELIST.3.05.WPD You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN iF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg, telephone (215) 572-8111, 4. 1f the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J:\ANNE\SALES\CUMBERLAND\OCWEN.WILEY.RELIST.3.05.WPD ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter mentioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (OS) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point ;thence along the line of lands now or formerly of Conrail south thirty-one (31) degrees fifty-four {54) minutes forty (40) seconds east a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 36 on the hereinafter mentioned plan of lots south fifty-eight (58} degrees five {OS) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Gazland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6513 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK, AS TRUSTEE BY ITS ATTORNEY IN FACT, OCWEN FEDERAL BANK FSB, Plaintiff (s) From DONALD M. WILEY AND PAULA W. WII.EY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $185,477.99 L.L. Interest THE DATE JUDGMENT IS ENTERED AT THE PER DIEM RATE OF $46.53 Atty's Comm % Due Prothy $1.00 Atty Paid $284531 Other Costs Plaintiff Paid Date: JUNE 21, 2006 CURTIS R. LONG Prothono (Seal) By: Deputy REQUESTING PARTY: Name RICHARD F. STERN, ESQUIRE Address: 410 THE PAVILION JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 03315 m~~ r„~ Real Estate Sale # 39 On August 25, 2006 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1709 Charles Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 25, 2006 By: ~~ Jb~ Real Estate Sergeant z =s d 9 - inr Soot ~I, 1 ,. r.l,~~ JU d!'~ Idl tV~.. ~ 11 V t~s'~v~vt ~. .~.~1~3NS ~~~1 _~~ 3JIJ~~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 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. ~---- Lis Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOTAAfAL SEAL ~ LOTS E. SNYDER, Notary Pub~C Carlyle Boro, Cumberland County My Commissan Expires March 5, 2009 REAL ESTATE S~ALa IfO. 39 Writ No. 2001-6513 Civil First Union National Bank, as Trustee by its Attorney in fact, Ocwen Federal Bank FSB vs. Donald M. Wiley and Paula W. Wiley Atty.: Richard F. Stern ALL THAT CERTAIN tract or par- cel of land situate in the Borough of New Cumberland, County of Cum- berland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of--way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter men- tioned plan of lots; thence along said dividing line north fifty-eight (58) degrees five (05) minutes twenty (20) seconds east a distance of one hundred twenty (120) feet to a point; thence along the line of lands now or formerly of Conrail south thirty- one (31) degrees fifty-four (54) min- utes forty (40) seconds east a dis- tance of one hundred (100) feet to a point; thence along the dividing line between the premises herein de- scribed and Lot No. 36 on the here- inafter mentioned plan of lots south fifty-eight (58) degrees five (05) TITLE is vested in Donald M. Wiley and Paula W. Wiley, his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 in the County of Cumberland in Deed Book I33 page 365. 26-23-0541-311 ~ y 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 in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. 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 ................... ....:~t~f ~~~lll..~.................................... COPY Sworn to ands s ribe before me this 1 COMNYONWE~L7N OF PENNSYLDVANIA SALE #39 Natariai Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Co mission Expires June 6, 2010 f/~ Member. anns~~~~~-. ~ ~~~.^^iaf~~n of Notaries / NOT Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013