The URL can be used to link to this page

Home My WebLink About04-6070 FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., S/BIM TO BANK UNITED 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FORPLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. ()4 -W70 ~iL>~l~~ CUMBERLAND COUNTY v. DENNIS R. RITCHEY SHERRY Y. RITCHEY 4707 NORTH CLEARVIEW DRIVE CAMP HILL, P A 17011 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. W YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 99545 File #: 99545 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE V ALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. I. Plaintiff is WASHINGTON MUTUAL BANK, F.A., S/BIM TO BANK UNITED 11200 WEST PARKLAND A VB. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: DENNIS R. RITCHEY SHERRY Y. RITCHEY 4707 NORTH CLEARVIEW DRNE CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/20/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FLEET REAL ESTATE FUNDING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1114, Page: 664. By Assignment of Mortgage recorded 10/5/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 590, Page 778. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 99545 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 12/02/2004 (Per Diem $9.59) Attorney's Fees Cumulative Late Charges 01120/1993 to 12/02/2004 Cost of Suit and Title Search Subtotal $71,796.32 3,231.83 1,250.00 253.60 $ 550.00 $ 77,081.75 Escrow Credit Deficit Subtotal 0.00 502.60 $ 502.60 TOTAL $ 77,584.35 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 77,584.35, together with interest from 12/0212004 at the rate of$9.59 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN PHEL!'N:.C'~~ By: ~ Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 99545 - ., -,:,::';1 ,', -j j ':1 j .- ~~~.. , I -, \ i I ALL THAT ~ piece or paree~ of ~and situ.ata in H<<lJIIP(1en 'rownship, CUmber1~d Caunty, pentlsy~van1:a. boun<S.ed ....nd. described in .cco~ca with .... survey and p1an thereof ~de by Wi~~ia_ &. 1Ihltt:o.ck. R.egistere.d 1>rofe.ssJ.ana.l. Engin_r. da.ted AU<:JUSt 3~, 1959, as fo.1~o.'Cols: BEGl:NNl:HG at a point on the North aide at: C1e.a.:rview Drive which. point 1.& 215 feet Wast af Ucuapden Avenue, thenoc' cxten41.ng _ a1.o.ng C1.ea.rvl.ew Orive. South 86 dagr_s 52 1llinutes West 60 feet to a point. of curve, thence ati1.1. a1.ong t:he same an a curve to. the right: havi.ng a radius af 512.20 feat, the arc distance af 5 teet: to a corner 0.1'. Lot No.. . 34 an the here.ina:rter 1Ilent1.aned pian 01: 1.atsl thence al.atlg-' Lot Ha. 34, Narth 2 degrees 39 lIl1.nutes West 11.2.60 ~eetl thenoe Narth 86 de.gre.e.s 52 .inu.tes East 65 feet to. a corner of Lot No.. 3;! an said pl.aol thence. a10nq Lot NO.. 3;! Sauth 2 degrees 39 minutes East 112.64 feet to. the pai.nt and pl.ace af BEG;oQfXNG. - BEJ:NG-~t No. 33 on P1an of Lots entit1.ed "General. P1an of Secti.o.n 2 a.n4 3 at: C::I,ea):'View F~s" as :recorded in Pl.an Jk)ak 9, Page 6, CWII.b6rl.and County records. KAV:J:NG thereon erected a one-story frallle 4wel.1.i.ng known as No. 4707 C1earv~ew P~1VQ. Camp Hi11. BEING THe S~E FREMISES which E11iott s. Newmark an~ Nora K. Newmark, his wife, by need dated AugQst 13, 1985 and recarded AU.gust" 15. ~985 in tne Recarder o~ Deeds Offioe in and for CUaber1and Caunty, Penosy1vania. in Oeed Book 31-K, page 741, granted and c:an~eyed unto Georg"" T. Thomson and Peb:t:'a A. Thomson, his wife, grantors herein. PROPERTY -BElfBG: 4707 HOUB CbEARVIEW DRIVE \ " ; " VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. 7 /lMv-~fi ;;; /11/ ' Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: #-f/ ~ -IQ. B IV ~ h f ~ w l"-..) 0 "" C) C..:..J C.~') -n ~ :::Q ~ S~"~; ....- --. '.-ir CJ ;rifD ~ ~ " r'-l n -'] r1""l ~ ! :;E~ r ~ :? c..) ~,r'i' , I .- ~ .. ~ ". '. () , ' i'n '. ~? '. : :.j -., '^: SHERIFF'S RETURN - REGULAR O! . CASE NO: 2004-06070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS RITCHEY DENNIS R ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITCHEY DENNIS R the DEFENDANT , at 1811:00 HOURS, on the 29th day of December, 2004 at 3125 CHESTNUT STREET CAMP HILL, PA 17011 by handing to DENNIS RITCHEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 4707 NORTH CLEARVIEW DRIVE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 _ ~a.,>?~1'/ .'" ~. -.-;;tf. ~ ,..~., A'>..,.,.,.' .,e;.., . '..' ,,*'..#,}~:::.;.._~'" ,!.~\t.. "....... ..._ R. Thomas Kline 12/30/2004 FEDERMAN & PHELAN me this /0 ~ day of /// / t J1J.u~~ 2m 'j A. D. -// 7 co f/// {J. ~ - \.........h~thonotary I ~ 1?0~ l~ Deputy Sheriff Sworn and Subscribed to before By: , SHERIFF'S RETURN - REGULAR CASE NO; 2004-06070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS RITCHEY DENNIS R ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITCHEY SHERRY Y the DEFENDANT , at 1811:00 HOURS, on the 29th day of December, 2004 at 3125 CHESTNUT STREET CAMP HILL, PA 17011 by handing to DENNIS RITCHEY, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 " " ,,'-. -~:p_. (J';<":~:":'_-' - ~"_ . .;- ,p' '" ".' ';"'~:"~~~;;? / e'."'...,J...,'"..,u...., r.~ L ' .""~'" - ~_."",' ~-~~ ...-....~..;; .:"" - . R. Thomas Kline ~ 12/30/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: kl~- Deput1 Sheriff e:::;, me this /D~ day of Cl.............JJ1 ;LD1J-~/ A. D. f C)~~tfan~~' ~ AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED CUMBERLAND COUNTY PJT No. 04-6070 CML DEFENDANT(S) DENNIS R. RITCHEY DENNIS R. RITCHEY ACCT. #6162660119 SERVE AT DENNIS R. RITCHEY Type of Action - Notice of Sherifi's Sale 3125 CHESTNUT STREET CAMP HILL, PA 17011 Served and made known to 6EtJV\S fJ~\kr:;E;DDefendant,onihe ,/3#' dayof ;f,(d{t(k .2ooff at Sf:3~.O'Clockf.m.,at ,3/tJ.. ') d~es~/-Jvrt sf-, / C-a-1r1 r j-}; II .Commonwealih of Pennsylvania, in the manner described below: Sale Date: JUNE 8, 2005 --->ot-Defendant personally served. -4-Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ManagerlClerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business_ an officer of said Defendant(s)'s company. Other: ~ . _'N I Description: Age..!i!2. Height~ WeightJ7!J Race~sexL Other 'j. ~S'c~ S I, C bf.t 1.)( Ie ~, G ~J-'I . J,fcompetent adult, being duly sworn according to law, depose and state that I personally handed a true and {;Qrrect copy oftbe N~fSheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. W;f\.:.. L '6 "^ '<. w<.{ y. (\\ J.c, ~ 7' NOTARIAl. SEAL LUCH..L.E H. Cofdm, Notary NIle l8lIBrMnny Township, FrIIlkfIn County My Cornmi88lo!1 Expir88 Nov. 10, 2001' Sworn to and subscribed before me thiS.. .1.3+i')d ay. . c:J&' ~e; ~ ot-rn":.: ~ 'l,200,.,) .1 I - ._ '. J). Notary. I '.. 'f...'.) {llc By. ~ (f.( PLE:t;~ ~~;PT ~ERVI~E A LEA TIMES. INDICATE DA & / MES OF SERVICE A TTEMI'TED. NOT SERVED Sworn to and subscribed before me this _ day of . 200 _ Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - l.0. No. 62205 ------- - - , AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WASHINGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED PIT No. 04-6070 CIVIL DEFENDANT(S) SHERRY Y. RITCHEY SHERRY Y. RITCHEY ACCT. #6162660119 SERVE AT SHERRY Y. RITCHEY Type of Action - Notice of Sheriff's Sale JUS CHESTNUT STREET CAMP HILL, PA 17011 Sale Date: JUNE 8, 2005 ':;e~~':~~:~~~~:to 5h.~vvi. i "ifltcl;:7:~~~"on~e' d'I'<~'"da;~ft0~CS. . ,200.:S"at '-i')~0'c1ockf-m.,at'3ir.J,.7) d,esfiJ,-k Sf-, I 'GlMf A ;11 , Commonwealth of Pennsylvania, in the manner described below: ~Defendant personally served, Adult family member with whom Defendant(s) reside(s), Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relatiooship, ManagerlClerk of place of lodging in which Defendant(s) reside(s), Agent or person io charge of Defeodant(s)'s office or usual place of business, an officer of said Defendant(s)'s company. Other: 8/J _I II 1,1(, I Descri tion: Age~ Height~ weightW RaceJ1&lSex-L- Other <J k>-9SF_::. I, C :7("el-'C "'- ).." G K. ,( cJn1(,~tent adult, being duly sworn according to law, depose and state that I personally handed a true and COffee copy of the Notice of Sheriff's Sale in the manner as set forth her in issued in the captioned case on the date and at the address indicated above. NOTARIAl. SEAl. Sworn to and subscribed LlJCUE H. CARTY, = Public before me this J.3+11 day ~ ~ 9 ~~Nov.1~ Of'7YiIN0C,', .20~,:" . .' !fJ ~$ . Notary: "-, .) / (~,,- LA By: '/uv? L).'\.-t __l;.L------- 'f-J J -C-<"(:'" PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DAT & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 Sl Attempt: I I Time: 2"d Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg~ Esquire - LB. No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. 'By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A., SIB/M TO BANK UNITED 11200 WEST PARKLAND A VENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-6070 CIVIL DENNIS R. RITCHEY SHERRY Y. RITCHEY 4707 CLEARVIEW DRIVE CAMP HILL, PA 17011 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DENNIS R. RITCHEY and SHERRY Y. RITCHEY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 12/3/04 to 312105 TOTAL $77,584.35 $ 863.1 0 $78,447.45 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DATE: (Y/'J~ :3 J..~ I DAMAGES ARE HEREBY ASSESSED AS INDICA T D. PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence l' Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (71'1) '101-7000 ATTORNEY FOR PLAINTIFF FILE COpy WASHINGTON MUTUAL BANK, FA, SIBIM TO : COURT OF COMMON PLEAS BANK UNITED Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DENNIS It. RITCHEY SHERRY y. RITCHEY Defendants : NO. 04-6070 CIVIL TERM TO: DENNIS R. RITCHEY 4707 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: JANUARV 1'1, 2885 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 WITHfN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ~J~~da: ~ FRANCIS S. HALUNAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP . By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (71'1) '101-7000 ATTORNEY FOR PLAfNTIFF WASHINGTON MUTUAL BANK, FA, SIBIM TO : COURT OF COMMON PLEAS BANK UNITED Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DENNIS It. RITCHEY SHERRY Y. RITCHEY Defendants : NO. 04-6070 CIVIL TERM TO: SHERRY Y. RITCHEY 4707 NORTH CLEARVIEW DRIVE CAMP HILL, P A 17011 DATE OF NOTICE: JANUARY 1'1, 2885 THIS FIRM IS A DEBT COLLECTOR ATTEMPTfNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREfN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE fN BANKRUPTCY, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAfNST PROPERTY. IMPORT ANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE fN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAfNST YOU. UNLESS YOU ACT WITHfN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAfNST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH lNFORMA TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WlTH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9\08 ?~ _~1I1A FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP .. By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (71'\) '101-7000 ATTORNEY FOR PLAINTIFF W ASHfNGTON MUTUAL BANK, FA, SIBIM TO : COURT OF COMMON PLEAS BANK UNITED Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DENNIS It. RITCHEY SHERRYY. RITCHEY Defendants :NO.~070CIVILTERM TO: DENNIS R. RITCHEY 3125 CHESTNUf STREET CAMP HILL, PAl 7011 DATE OF NOTICE: JANTfARY 1'1 2885 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU fN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE fN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARfNG AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH fNFORMA TION ABOUT HIRfNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERR.AL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ~.~ oJ./"" . FRANCIS S. HALLfNAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP ~ By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (71') '101.7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, SlBIM TO : COURT OF COMMON PLEAS BANK UNITED Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DENNIS It. RITCHEY SHERRY Y. RITCHEY Defendants : NO. 04.6070 CIVIL TERM TO: SHERRY Y. RITCHEY 3125 CHESTNlJT STREET CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 1'1, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTfNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREfN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE fN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAfNST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITfNG WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAfNST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVlDE YOU WITH fNFORMA TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~- ._~/AL~ FRANCIS S. HALLfNAN, ESQUIRE Attomeys for Plaintiff ~ t~\B t~~sSd ~~~1- Q.J r--- ~^ r---- {'"} ';cot, , .-\ -r~~ jl1F''- rn ;\'}, C.';() '-'1-n ~;~~ i:?)~?, C:~ '.~ ->:. /~,) I W (.I\ ctJ .,,~- .-. - IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Oennis R. Ritchey Sherry V. Ritchey Bk. No.1 04-04580 MDF Debtors Chapter No.7 Washington Mutual Bank, F.A. s/b/m to Bank United Movant 11 U.S.C. S362 v. Dennis R. Ritchey Sherry V. Ritchey a/k/a Sherry Y. Ritchey and Leon P. Haller, Esquire (Trustee) Respondents ORDER MODIFYING S362 AUTOMATIC STAY AND NOW, at Harrisburg, in said district, of Washington Mutual Bank, F.A. s/b/m to Bank United, is: upon Motion (Movant}. it ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 D.S.C. 362 is modified with respect to premises 4707 Clearview Drive, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 400l(a) 13) is not applicable and Washington Mutual Bank, F.A. s/b/m to Bank United may immediately enforce and implement this Order granting relief from the automatic stay. BY THE COURT, ?1~~~:::J- Date~ November 17, 2004 This electronic order is signed and filed on the same date. SHERIFF'S RETURN - REGULAR CASE NO: 2004-06070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS RITCHEY DENNIS R ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITCHEY DENNIS R the DEFENDANT at 1811:00 HOURS, on the 29th day of December, 2004 at 3125 CHESTNUT STREET CAMP HILL, PA 17011 by handing to DENNIS RITCHEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 4707 NORTH CLEARVIEW DRIVE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 .-,(.:" ~~ .iP"" /,,:!d' ~ . ? ,'>~Y~''''<'~-''7iC';\'!i!~t:: ,/~ ~ .. --. " . R. Thomas Kline 12/30/2004 FEDERMAN & PHELAN me this day of Pu~l~ Deputy Sheriff Sworn and Subscribed to before By: A.D. rrothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-06070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS RITCHEY DENNIS R ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITCHEY SHERRY Y the DEFENDANT , at 1811:00 HOURS, on the 29th day of December, 2004 at 3125 CHESTNUT STREET CAMP HILL, PA 17011 by handing to DENNIS RITCHEY, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 -.' r';:!'''' R. Thomas .+"-"__-:-;:1'. ~$ tC!~p~"~' _,,c<;""" -'\I'-/~'..r::~ ~ cot.; , Kline 12/30/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~I~ Deput-y Sheriff me this day of A.D. Prothonotary ., PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED Plaintiff, v. No. 04-6070 CIVIL DENNIS R. RITCHEY SHERRY Y. RITCHEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $78,447.45 Interest from 3/2/05 to JUNE 8, 2005 (per diem -$12.90) $1,264.20 and Cosls TOTAL $79,711.65 DANIEL G. SCHMIEG, ESQUI One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suile 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ... ... ... ... QQ t-t- ... ... << ~~ ...r...r == == Ii-<:$ ~~ Z << uu O~ . 0 ,.;,.; < ... ~~ ... 55 roo; ~ ,,; f;l;l>< ~~ u ..J", 0) ><>< ~e ...... i:: ~~ ~f;l;l ~~ "'''' 0) c=E:: f;l;l := ...... en Of;l;l ell 0) ~~ UU Ii-< 0 ~~ ,n ~~ ...... 0'" ~~ ~ ~ . ... o~ ~~ ;; ... ... s ci, ~~ "'''' ...~ ~;;.; f;l;lf;l;l en UZ .. == ~ Ii-<~ ~c= ~~ uu g- oO zO ,,~ l/ll/l P. U ot: NN ~~ 0'" 0) Zf;l;l Ii-< 0 ... ... ~ ~~ ...~ f;l;l= f;l;l6 ~~ ~ 8; ~Ee ~'" ~ z'" ... en U en ~f;l;l == ~ .;,; ~ 1 '" <lJ o:j ...~ < - .~ < ~ ~ ~ ~~ A U <P -+ ~n 'J 0 ~._~ 3 - -,,,- ~',,-~ r- ('-') -+ ~ I d~ r' ~ ~ '"' ~ ~ ;,'2. -- ~ rc' ~- v-' --61;; ~ Q- -r u- ,;::::> ~ ~ ~ , j J--...-- (' c;,~~ ~ ~ - - - dJ j c-" ~ ('/, ('T-~ lI) r') I I I I , <) ~ G - -:) a 0 Q ~ (J 8 8 ::t - -.-J () - 0 ~ a VJ VJ a- -.... 0) 0- ~ t)~ () <:-- ~ "i ~ t- -... r>1 - 15)- r'<J c) -- ~ ~~ ...... LEGAL DESCRIPTION ALL THAT CERTAIN piece Qr parcel of land situate in Hampden Townsbip, Cumberland County. Pennsylvania. bounded and descrihed in accordan.:e wilh a survey and plan thereof made by William B. Whittock, Registered Professional Engineer. dared Augll$t 31, 1959, as follows: BEGINNING at a point on tlie North side of Clearview Drive wllicb pointl~ 2 IS reet Wesl of Hampden A venue; thtince extending along Clearl'iew Drive South 86 degn:es 52 minult:S West 60 feet 10 a point of curve; thellce still along lite SlIme on a curve 10 the rigbl having a radius of Slt.tO feet, lhe arc dWllInce of 5 feet to a corner of Lot No. 34 on the hereinafter mentioned phm of lots; !benee aloog Lot No. 34, Nortl1 2 degrees 39 minutes West Il2.60 feel; thence North 86 degrees 52 minutes Ea!s165 feet to a corner of Lot No. 32 on said plan; t!lence along wt No. 32 South 2 degrees 39 minules EaSl 112.64 feet to the point and place of beginning. BEING LoI No. 33 on Plan of loIS emilled "General Plan of Section 2 and 3 of Clearview Farms' as I'el:Orded in Plan Book 9, p."gt: 6. Cumberland County Re<;<lrds. TITLE TO SAID I'REMISf;$ JS VESTED IN Dennis R. Ritchey and Sherry Y. Ritchey. husband and wife by Deed from George T. lbomson and Debra A. ThOl11son dated 1/2011993 and recorded 1/2211993. in Deed Book 36.C Page 486. TAX PARCEL # 10-21-279-47 PREMISES BEING: 4707 CLEARVIEW DRIVE, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6070 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED, Plaintiff (5) From DENNIS R. RITCHEY AND SHERRY Y. RITCHEY (1) You are directed to levy upon the property of the defendant (.)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 attachrnent 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 $78,447.45 L. L. $.50 Interest FROM 3/2/05 TO 6/8/05 (PER DIEM - $12.90) - $1,264.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.10 Plaintiff Paid Date: MARCH 3, 2005 Other Costs CURTIS R. LONG (Seal) Protho~ ~ "-....1 - P 7f.~./l/2r(...r- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BL VD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DENNIS R. RITCHEY SHERRY Y. RITCHEY NO. 04-6070 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~, ",/ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff t-;) c::.::.' c:::o ,;:J" -- -'~ () -('\ (..,) ~;.':; ~~ (Jl cP - ----- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W ASHlNGTON MUTUAL BANK, F.A., S/B/M TO BANK UNlTED CUMBERLAND COUNTY 11200 WEST P ARKLAND AVENUE COURT OF COMMON PLEAS CIVIL DIVISION Plainliff, v. NO. 04-6070 CIVIL DENNIS R. RlTCHEY SHERRY Y. RlTCHEY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for Ihe Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DENNIS R. RITCHEY is over 18 years of age and resides at , 3125 CHESTNUT STREET, CAMP HILL, PA 17011. (c) that defendant SHERRY Y. RITCHEY is over 18 years of age, and resides at, 3125 CHESTNUT STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /J /t'-" / " /: DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff o C" ....> c::::~ "':,~,.:;> CI"l Cl -n -. ..;,);.. -;,,, ;;;') , W ,:5 en c:) ~ --- · WASHINGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DENNIS R. RITCHEY SHERRY Y. RITCHEY NO. 04-6070 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. F.A" SlBfM TO BANK UNITED, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the dale the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4707 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS R. RITCHEY 3125 CHESTNUT STREET CAMP HILL, P A 17011 SHERRY Y. RITCHEY 3125 CHESTNUT STREET CAMP HILL, P A 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH BANK. MELLON BANK, CITIZENS BANK OF P A 8 WEST MARKET STREET WILKES BARRE, PA 18711-0101 FINANCE CONSUMER DISCOUNT COMPANY 2700 SANDERS ROAD PROSPECT HEIGHTS. IL 60070 MANUFACTURERS AND TRADERS TRUST COMPANY 213 MARKET STREET HARRISBURG, PA 17101 COMMUNITY BANKS 100 EAST KING STREET EAST BERLIN, PA 17316 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SMALL BUSINESS ADMINISTRATION TWO MELLON CENTER, ROOM 800 PITTSBURGH, P A 15258 P.O. BOX 3080 PITTSBURGH, PA 15230 360 RAINBOW BOULEVARD SOUTH NIAGRA FALLS, NY 14303-1192 MELLON BANK, N.A. CITIZENS BANK OF PA 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4707 NORTH CLEARVIEW DRIVE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of WeIfare PO Box 2675 Harrisburg, PA 17105 . I verify that the stalements 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. Sec. 4904 relating to unsworn falsification to authorities. March 2, 2005 DATE ,// ~Z--/ d~~ DANIEL G. SCHMIEG, ESQUI~ Attorney for Plaintiff '!'---} ~:::';:l ;~:;~ :.';:: siO I W C) .::ti ..... ::-r.-n r1'1r~ ~,:; rD. '.I)'-r" ':~:))C) " -r, .-\....n 'i::-~J~ .- (;:? crt GJ -:\ ~'~~ . ~ WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED CUMBERLAND COUNTY Plaintiff, No. 04-6070 CIVIL v. DENNIS R. RITCHEY SHERRY Y. RITCHEY Defendanl(s). March 2, 2005 TO: DENNIS R. RITCHEY 3125 CHESTNUT STREET CAMP HILL, P A 17011 SHERRY Y. RITCHEY 3125 CHESTNUT STREET CAMP HILL, PA 17011 "THIS FIRM /S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM A nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ,. Your house (real estate) at, 4707 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78.447.45 obtained by WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able 10 stop the sale by filing a petition asking the Court to strike or open the judgmenl, 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 contacl one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an atlorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, Ihe 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 oflhe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with Ihis schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have olher rights and defenses, or ways of getling your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land ~iluatc in Hampden Township, Cumberland County, Pennsylvania. bounded and descrihcd in accordance wilh a survey and plan thereof made by William B. Whiuock, Registered Professional Engineer, dated Augll$! 31. 1959. as foUows: BEGINNING at a j'Oint on the N0I11l side ofClearview Drive which j'Oinl \~ 215 Ced West of Hampden Avenue; theoce extending along Clearview Drive SoUlh 86 degrees 52 minules West 60 feet 10 a poim of curve; tl1ence still along Ihe same on a curve to the right having a radius of 512.20 feet, the arc di:;tance of 5 f~t tu a curner of Lot No. 34 on the hereinafter mentioned plan of lots; thence along Lot No. 34, North 2 OOgroes 39 minutes West 112.60 feel; thence North 86 degrees 52 minutes East 65 feel to a comer of Lot No. 32 on said plan; l.llence along Lot No. 32 SOllth 2 dellI~S 39 minutes F..asl 112.64 feet \0 the point and place of beginning. BEING Lot No. 33 on Plan of LolR entitled "General Plan of Section 2 and 3 or CIearview farms. as recorded in Plan Book 9, F-dge 6, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Dennis R. Ritchey and Sherry Y. Ritcl1ey, husband and wife by Deed from George 'f. Thomson and Debra A. Thomson dated 1/2011993 and recorded 1122/1993. in Deed IIook 36.C Page 486. TAX PARCEL # 10-21-279-47 PREMISES BEING: 4707 CLEARVIEW DRIVE, CAMP HILL, PA 17011 l_ ~ () C;;) ., 1;:['1 -)~~- 5:; , t..0 (:':3 Cf1 CJ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F .A., ) CIVIL ACTION S/B/M TO BANK UNITED ) vs. DENNIS R. RITCHEY SHERRY Y. RITCHEY ) CIVIL DIVISION ) NO. 04-6070 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) S8: I, DANIEL SCHMIEG, ESQUIRE attorney for W A8HINGTON MUTUAL BANK, F.A., 8/B/M TO BANK UNITED hereby verify that on March 8, 2005 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Aori126.2005 WASHINGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DENNIS R. RITCHEY SHERRY Y. RITCHEY NO. 04-6070 CIVIL Defendant(s). AFFlDA VIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, F.A., SIBIM TO BANK UNITED, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located al ,4707 NORTH CLEARVIEW DRIVE, CAMP HILL, PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS R. RITCHEY 3125 CHESTNUT STREET CAMP HILL, PA 17011 SHERRY Y. RITCHEY 3125 CHESTNUT STREET CAMP HILL, PA 17011 2. Name and address ofDefendant(s) in the judgment: Same as above -----~~~....,.--~~~~".-,...,' ".""ft"~..>".,.,~, .,.",,'-'_, "~".. ,;<;,,,.~ 'j~ 'Naffie"'and lii1;t khown~addtCs'S:bf"lvtiYjlfdg1ii~rrt"{fiMiiSr'\V~tidgm~1\.tl'~TM.cdf(fil~mrtlie"ttat~l!l!Mi '~-":~"'~7?,"1?~Jlroperty. t()' be- sold:TT":--,';1"T:~?7"'''''':~'~~'''(;~~~~~t~c'r,~~:~:'<:t~:;?i'~~~"fi"S;~~:~?;:;~~' "!?"":~':~t0:};~";~};f;,~t~<':}~f~;;~'1:'-J~}~,;~/:;}~,nrr:\~!jJ~:'':'~,f't'/~:'';ti'C.t:'1':;;~\:;;:;,,~?~,.,~t":;r:."':; Name ,. Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH BANK. MELLON BANK, CITIZENS BANK OF P A FINANCE CONSUMER DISCOUNT COMPANY 8 WEST MARKET STREET WILKES BARRE, PA 18711-0101 2700 SANDERS ROAD PROSPECT HEIGHTS, IL 60070 , MANUFACTURERS AND TRADERS TRUST COMPANY 213 MARKET STREET HARRISBURG, PA 17101 COMMUNITY BANKS 100 EAST KING STREET EAST BERLIN, PA 17316 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MELLON BANK. N.A. TWO MELLON CENTER, ROOM 800 PITTSBURGH, P A 15258 CITIZENS BANK OF PA P.O. BOX 3080 PITTSBURGH, P A 15230 SMALL BUSINESS ADMINISTRATION 360 RAINBOW BOULEVARD SOUTH NIAGRA FALLS, NY 14303-1192 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every ()ther personofwhom the plaintiff has knowledge who has any interest in the property which niay be affected bythesale:'i~' ", . ---"-_.._-"--~..._~"'._-~~~~..~,....,.-----,._." -"--'--""""'~'-~'--~-'~~--'-~---- "'N_"~,,,,,,>,,,,,,,"_~:"'.,"~,..:A;,,:~,,'-<,,",,'j""';,,,,,>_,,,,, ','" . !'llli'"!! t ''''''']Jame'!<i!iI''''.,,:i,< , 'tt''''''i.l! !Si&I<i:t !,@fW.~f:' nnIJl!~;I~'I<~~~diliil~1.iffd~f&llil'L1iJJtlll:til_!IIJ1l"; '"',,. ,''.'/:-'-''1:'f'\~ .' ..,' ;i?'~"'-~-'i:"<':'f:';~t'::~'<-,:~"K~~,;t;r7'~J~~~~:i;~~'::~''':0''!~~\'' reaSonablyascenaiiied;please" iifdicafe):".- .,-;-";~,{::_<,,.:::~_r~"h::l1{::~l.m~rr:,~;"~' Tenant/Occupant"'.""" '''''''''<~'',j,",~*''';''':i'Ii!!>if;!!iii4707 NORTII CLEARVIEW DRIVE,,,,,;.,,,,,.,,,,,,,,,;;,,,;;,,,,,,,,,,,,...,,,...,, CAMP HILL, PAl 7011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 ,016 SOO~ oOt t "' l 3GOOdIZ WOltl 031 BO lIWl LL ,00,110 "to $ VI ~O S3Mmil UNUd _ ~ c .-,...--.-... =- ,. i -I "'AA::.....I'ii1 .. ",0 ~~<;;3>.J,'> o \l ~ ~ Q.. --j :~ ....l .e <- " ;:l ~j1! ~;j~::! 4.0 ;::i ~ o<l!;dS-;- z.g >-.8 '<VJ"O_ ~;;~;?:: ....l ~ " <: ~~:.<:"" " . d' U ~.- ZS.E-a <: v 0"0 ...J~~"O ~8~~ ... ... =rI.I~ ~ '" " ~ ~ " !il""'" ~""..... z<o o <( ~ <>. ~ o:l ~ ~ .,r ....l ; U W CIl ~ ~ ~ ~ j ~ () ~" ~ 8 ~ U U.l @ Q" ~ ~ U.l <( ~ ~ ~ ~ ~ ~ .g _ z 15 0 U.l . CIl <>. ~ 5 ~ '" f:: ::r: oS <( l- ~ ....l :;! 1 ~ ~ :g f-< 0 ~ ~ ~ ~ 0 0 z Q U ~ CIl .c E ::I Z CIl u '€ <( " '" ::i on" t- v:> '" 6 o:l ~ - ::; 0 t- M - M ~ ~ g~ ~::i :< ~ U ::J .,rOO ~ ~ Q t: ~ ~" ~ ~ U.l :><: ....l 0 U 00 ~ q o "" ~ ..,{ 12 "" ..,. "" . 0 ~ :.<: ~~ U 00 15 Ul f::; 1ii Z N ~ b ~ U '" '" /~~\ { // ,~" \~/ J"" ~ CI ,,; o(l ~ ~ U.l _ 0 :I: ::0 ~ Q - ~ ~ ~ - ~ ~ ~ ~ @ H 0::; riI co N 0; rl rl i 0'14; oP, 0'1 rl '"~o rlOrl o >-<~i ZZrl 4;rl _cor- UJ cc >-1UJrl HZ H>-<rl ";ril4; HZO ~NP, ";rl H .. O-J r- ;;]~r.1 ~~rl (9uO::;>-<:I:U4; ,,; O::;Z(9 ~ H _4;";HE-< Z~CO~rilUJ Z Z :8:I:::O o -4;rno 0::; H:I:COrilUE-<E-< E-<E-< ~ U 4;::OZHE-<lilrn O:;OOHZP,O::; E-<rnH3:::ornril UJ HOOD HClIil -UO::;"; ZO::;:8E-<UJP,O:; H4; rilH E-< :8:> - riI D Oril~O::; RiHZE-i D4;rn UJOCO ,;-) CO E-< riI :I:riI Z3:E-<~ HOHO::; rnco4;4; DZriI:8 COH3: ...1;;]252;; ...1 :8ri1 ";0:83: :8\.00 U)<"'lUoo ..,. v:> on o r- o o \.0 - (9 (9 Z O::;H D ~ CO rnE-< Hrn 0::; 4; 0::; (il 4; :I: o:J m N m M \.0 M M r- M g ~ CO CI E-< CIl rn :8 U.l 4; 0 r:l : ~ ~ riI 0::; U.l riI riI @ 0::; E-< CIl E-< Z rn riI U ~ 25 ~ H - t-l Q;g ~ U~ ~~< o Z<>. 3: <( " E-< >5 _ ;;: b CIlCll ~o ~~ <>. " ~~ <(> o:l<( CIl~ 15- t:l~ bo u~ - D 0::;", rilO :80::; D rJlrn zo::; Oril UO Z riI"; uu) Z ,,; Z H ~ o o _M DE-< :z ~ ... N:; ";rilrJl 0::;;':; UJE-<Z ";rJl~ riI CO O:;E-< DriI>< E-<~E-< UO::;H ~~S 0::0 :8 OZ0'1:8 r-";rlO NZNU t- 00 Z ~ Z ~ CO Z o H H riI :8 0> o - - '" N :8 ~ W E-l '-- ~ ..,. .g ~ ~ II.>.!! ~ ~ ~.~~ a~~~ ~ .5 ~ 25 ~.g Eo.!:l '" uo"~ s" '0 "';.a ,s'":::a 8 e.-.,,::: u .~ ~ t~, ~ 3!: ~ . ..~ ,; 1U.5::s ~ ~.g ~.5 ~B] '" \.l.I._ "1:l 6' !:: 0- 1:! '..l 0 Q '" lUu.s ~~::g'~ ., ILl >-.... .... ~ to C ~ g b~. .g~2. <0"2 Ei e ~:::E.g"t:l .s ~.- ~ "'0 U Ei :;; ~... ::!.'6iJ 1~~ e ~8~ ~ u g . " ",t=: c". ~ i~~i5i~ g lj.~ 8 g~2"'" "'Ou..c.o O'~ g ~~ '2:l{l :u A,.g ",-;: o..p,fl -- 0 8 .- .- g ~o~] ~ ~g"21~ .....1::'" ;:l o.....~. _ co..... aN g€.~a~ ~;;]H ~ E os E.... "'0 ;g 0 ... 0:: ;:g 8 ti~<n" "",uogo ~i!~~ . ~ " , B !;! (j ~ 1; . ~ G: CIl " " J~ 2 e ~"' >- !lj 1:: 02 ~ CIl ~ U.l Q - " i~ ~ - ]~ S. ,,, Z ~ <<i 'u Z ~ ,.." on " " ~ ~ ~ 0", .8" ~ .0 z-; ~,~ ~~ () r--> ';-:~~-' ,:~l -.,- (-, ;,'f, ,- ,- -- " }'.-:- 0'. - ~ PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (711) 1t'i1- 7000 Washington Mutual Bank, F.A., S/B/M To Bank United Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland COUNTY Vs. Dennis R. Ritchey Sherry Y. Ritchey Defendant : No. 04-6070 Civil PLAINTIFF'S MOTION FOR ADDITIONAL DISTRTRlTTTON OF SAT .F. PROr.F.RDS 1. Plaintiff commenced the instant action by the filing of a Complaint in mortgage foreclosure on December 3, 2004. A true and correct copy of the complaint is attached hereto and marked as Exhibit "A". 2. Defendant failed to file an answer to the Complaint and a Default Judgment was entered on March 3, 2005. A true and correct copy ofthe judgment is attached hereto and marked as Exhibit "B". 3. Plaintiff entered Judgment in the amount of$78,447.45 and submitted a Praecipe for Writ of Execution, thereby causing the mortgaged property to be listed for Sheriff's Sale on August 3, 2005. 4. The property was exposed to Sheriff's Sale on August 3, 2005 and purchased by a third party for the sum of$102,000.00. 5. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums to pay real estate taxes and hazard insurance premiums and other costs collectable under the Note and Mortgage relative to the mortgaged property. True and correct copies of the mortgage and note are attached hereto and marked as Exhibit "C". 6. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of Cumberland County to distribute the sum of $85,253.90 to the Plaintiff. PHELAN HALLINAN & SCHMIEG, LLP Date: Anene! 9 ?OO~ By: Michel M. ra ford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 ~) ~fi1-7f)f)f) Washington Mutual Bank, F.A., S/BIM To Bank United Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CNIL DNISION : Cumberland COUNTY Vs. Dennis R. Ritchey Sherry Y. Ritchey Defendant : No. 04-6070 Civil CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of the foregoing Plaintiffs Motion for Additional Distribution of Sale Proceeds was sent via first class mail to the following parties on the date listed below: Dennis R. Ritchey Sherry Y. Ritchey 4707 Clearview Drive Camp Hill, PA 17011 Dennis R. Ritchey Sherry Y. Rilchey 3 [25 Chestnut Street Camp Hill, PA I7011 Mellon Bank, N.A. Two Mellon Center, Room 800 Pittsburgh, P A 15258 Citizens Bank ofPA P.O. Box 3080 Pittsburgh, P A 15230 Small Business Administration 360 Rainbow Boulevard South Niagra Falls, NY 14303-1192 Citizens Bank ofPA 8 W. Markey Street Wilkes Barre, PA 18711-0101 Household Finance Consumer Discount Company 2700 Sanders Road Prospect Heights, IL 60070 Manufacturers and Traders Trust Company 213 Market Street Harrisburg, PA 1710[ Community Banks 100 E. King Street East Berlin, P A 17316 Cormnonwealth Bank, Mellon Bank, Citizens Bank ofPA 8 W. Market Street Wilkes Barre, PA 18711-0101 Citizens Bank of P A c/o James T. Shoemaker, Esq. Hourigan Kluger and Quinn 600 Third Avenue Kingston, PA 18704 Office of the Sheriff Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP , Date: AlI!:?,st 9, ?f)f)~ By: Miche e . radfo , Esquire Attorney for Plaintiff ~ d-o ~r: :)l,i;3 -- ~~. -- '::k-,l -0 n~ > C5 A ",.. ~ l2. 7:;. .-' N <g <P "'" c:: C'> I..:', ."c'_ c..- :/:, ::2. t';'? x::- x:- , ~ECEIVED AIJ: 12 2005t} IN THE COURT OF COMMON PLEAS OF CUMBERLAN COUNTY, PENNSYLVANIA Washington Mutual Bank, F.A., S/B/M To Bank United Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland COUNTY Vs. Dennis R. Ritchey Sherry Y. Ritchey Defendant : No. 04-6070 Civil . )f~E~ AND NOW, this '<:ay of V~, 2005, upon consideration of Plaintiff s Motion for Additional Distribution of Sale Proceeds and Brief in support thereof, and upon consideration of any Response, it is hereby: ORDERED and DECREED that the Sheriff of Cumberland County is directed to distribute proceeds as follows: Principal Balance Interest to August 3, 2005 Escrow Late Charges Legal Fees and Foreclosure Costs $71,796.32 $4,842.95 $1,160.86 $512.47 $6.941.30 Total $85,253.90 ,/ ,/ BY THE("OURT: // \ o~-\v0.-0 RLED-OFRCE OF THE PROTHONOTARY Z005 AUG 15 Pli 3: 57 ell'''' "/'_' " TV .,_il"/';"__.-'j"" , -"l/'.i' .....n,....:....i I_~ t, _'v\..., \(1 PENNSYLVANiA . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Central Penn Propertv Serv Inc is the grantee the same having been sold to said grantee on the 3rd day of Aug A.D., 2005, under and by virtue of a writ Execution issued on the 3rd day of March, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 6070, at the suit of Washington Mutual Bank F A sbm Bank United against Dennis R Ritchev & Sherry Y is duly recorded in Sheriffs Deed Book No. 271, Page 47. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /q day of ,1p- , A.D. J-o oS .~. ~ zW' .~ fttl.l'j 0 I 1--t:, (~- - r . I U .d R"""w,er of Deeds ........ CII Deodt, c..,....... CNIIf, ~IIIIGI "YCY".. 1111~__"AIlUDadilWaI- Washington Mutual Bank F.A. slb/m To Bank United VS Dennis R. Ritchey and Sherry Y. Ritchey In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6070 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on February 13,2005 at 4:25 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 defendanls, to wit: Dennis R. Ritchey and Sherry Y. Ritchey, by making known unto Dennis Ritchey personally and husband of Sherry Y. Ritchey, at 3125 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kennelh Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 08, 2005 at 2:40 o'clock P.M., he posted a true copy of the within Real Estate Writ, Nolice, Poster and Description, in the above entitled action, upon the property of Dennis R. Ritchey and Sherry Y. Ritchey located at 4707 North Clearview Drive, Camp Hill, 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: Dennis R. Ritchey and Sherry Y. Ritchey, by regular mail to Iheir last known address of 4707 North Clearview Drive, Camp Hill, PA 17011. These letters were mailed under the date of April 18, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises al public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on August 03, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1 02,000.00 to Ann Gatchell for Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, P A 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $106,709.00. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 2,040.00 15.00 15.00 30.00 10.00 .50 1.00 22.20 2.14 Levy Surcharge Poslage Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 30.00 .74 20.00 270.05 267.85 16.47 25.00 39.50 $ 2,850.45 Sworn and subscribed to before me So Answers: This~dayof (Ju.-t...- ~~~~ (~1 nom.. as Kline, She. riff 2005, A.D.'. , ~ ~ ~ Prolh BY'. 0 ML Real Estat ergeant tv~ oJ- 3VPv ~\.')V Lk... 5' 130 I ,tL. It '1 (...2/ WASHINGTON MUTUAL BANK, F.A., S/B/M TO BANK UNITED CUMBERLAND COUNTY Plainliff, COURT OF COMMON PLEAS . Y. CIVIL mVISION DENNIS R. RITCHEY SHERRY Y. RITCHEY NO. 04-6070 CIVIL Defendanl(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. F.A.. SIBIM TO BANK UNITED, Plainliffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following informalion concerning the real property located at .4707 NORTH CLEAR VIEW DRIVE. CAMP HILL. PA 17011 . I. Name and address ofOwner(s) or reputed Owner(s): Name Lasl Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS R. RITCHEY 3125 CHESTNUT STREET CAMP HILL, PA 17011 SHERRY Y. RITCHEY 3125 CHESTNUT STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above "",." . 3: Name and last known address of every judgment creditor whose judgment is a record lien on the real"-',*,," '--7-"'-'- property to be sold:....--- .,.,....... ................... " ,',,,.....~;.... -'" ,_~,l+.,,,,",; '.,":......'",..~". -, """",,,""-"'!'[I.,,,,', '_".c:/,",~,~,'i''';i,~i1"~'}''-i'f; .J"c,w",'.0c' ~_;.i Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH BANK. MELLON BANK. CITIZENS BANK OF PA FINANCE CONSUMER DISCOUNT COMPANY 8 WEST MARKET STREET WILKES BARRE. PA 18711-0101 2700 SANDERS ROAD PROSPECT HEIGHTS. IL 60070 ;MANUFACTURERS AND TRADERS TRUST COMPANY 213 MARKET STREET HARRISBURG, PA 17101 COMMUNITY BANKS , 100 EAST KING STREET EAST BERLIN, PA 17316 4. Name and address of last recorded holder of every mortgage of record: N;lIllC I :,,) Kmmn Addn'" (if addre" cannot he reasonably ascertained, please indicate) MELLON BANK, N.A. TWO MELLON CENTER, ROOM 800 PITTSBURGH, PA 15258 CITIZENS BANK OF PA P.O. BOX 3080 PITTSBURGH, PA 15230 SMALL BUSINESS ADMINISTRA nON 360 RAINBOW BOULEVARD SOUTH NIAGRA I<'ALLS, NY 14303-1192 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and addiessofeveryofuerperson ofwhomtlle plaintiff has kDowledge who has any interest in the property which may be affected by the sale: ~'i1\'~.r.~i;lt ".t~ ;Name'(~4>-,t;r)-~,'lilLlll;f)it:\;~,~,~;')~J '.;" ~~j~1J:t2' ;l~' '1~'f'; I.;ast Known"Address (if address~c8tiii&t be'Vtt;;'~~J, :.,'l'i_~$,:)~':_ "'~~'?-~~"'" reasonably ascertained, please indicate)'. ' ., ..... ""'--'~ .."""..i;"....i..." Tenant/Occupant k ....... ,..........,.,:,.;........,"'."..... . 4707 NORm CLEARVIEW DRIVE....,._.;.,""""w"......,.".".",.. CAMP HILL, P A 17011 ",,,--.,,-,''1.,,.,..,, Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 underst3nd that false statements herein are made subjcct to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , '/ /7/ t> ~,7 ,/ /L---f' ---<J~~ DAN1EL G. SCHMIEG. ESQUIRE/' Attornc) for PlaintiJT March 2. 2005 DATE ;'i'~~~~:":W~<+"'W'<<~~~~'*.~#'0~,',',l'J':j4'~ ~it)'I~!,';)i)J~~~~".j~~~W:~"-:~,~,'l"<Qt'~~~"~~_~~~~._M~~';',tlu6W1'~,r-:"jr.]fi' lL'Jt:1(';,t,~~,~,''':'''> ."'''.-.~->"':'-'''''--':~,.r''""",-,-~-,,,,,,,,,~~~,,-,-,,,,,\",,...,.....- "~"~"'-r~r-""" ^,'''',~:''''"t~~'''i~'~ _.<-.' ,,,,\,,~iY....".ii~'..,__~',ii_~j,~;":\''''h'''; WASHINGTON MUTUAL BANK, F.A., S/BIM TO RANK I'NIlTD CUMBERLAND COUNTY Plaintiff, No. 04-6070 CIVIL v. DENNIS R RITCHEY SHERRY Y. RITCHEY Defendant(s). March 2, 2005 TO: DENNIS R. RITCHEY 3125 CHESTNUT STREET CAMP HILL, P A 170]] SHERRY Y. RITCHEY 3]25 CHESTNUT STREET CAMP Hll,L, PA ]7011 **THlS FIRM IS A DEBT COLLECTOR A7TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 7HIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 4707 NORTH CLEARVIEW DRIVE. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on JUNE 8.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Slreel, Carlisle, P A 17013, to enforce the court judgment of $78.447.45 obtained by WASHINGTON MUTUAL BANK. F.A.. SIB/M TO BANK UNITED (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: .. :~'~:"~~'.i;.~i!>:'<;'i"',~,~i::~""::i. "";\' ..' .". ,...."... i-,'.,>".kC'':''/'/r.'''''' ';''"':'',.'''''~~'C~';''~' .'1.:'::"..... ,'-,' i;:"*i'..,"~o;4!~"'r,.i-'..: 1-' ,'.,' -'-"."',.~:~~"";'''".'i-':'.':~h'..:'''''''.-.M~~..;.''cI..:~~i."',,:i,;'-';'''~~~'':'~, '''~y '-"TheslIle'W!II'be'canceJjed ifyoiilJaY to'the'iiiorigageethe'backpaYments, late-charges;........-.....- costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to asser; 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 Sherin's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequatc 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 ouI if this has happened, you may call (717) 240-6390. 4. If the amount due from Ihe Buyer is not paid 10 the Sheriff~ you will remain the owner of the property as if Ihe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of Ihe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless excepIions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately afler the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~q'~""F~" IMPORTANT NOTICE:' This property is sold at the direction of the plaintiff:"' It mavnot be sold"""""'"""""" ...~,..-_.... in the absence of a reoresentative of the plaintiff at the Sheriff's Sale:-The'sale must be '.' '. . ~-"--' postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .~ """,,"", "">";'~.'Iil~l:\:-\',.',"'''';>.''''.;~,''''''''';''; CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LE,GAL DESCRIPTION ALL THAT CERTI\IN piece or parcel of land situate in Harnp<l~n Township, Cumberland County. Pennsylvania. bounded and drscrihcd in acconlance wilh a survey and plan rhcrcof made by WiUiam D. Whinock. Registered Professional Engineer, dated AuguSt 31. 1959. as foUows: HEGINNING at" pfllm on the N0I1h side oi Clearvi~w Drive whICh poiot '" 215 ket West of Hllmp,kn A venue; thence ~xtending along Clearl'iew Drive Soulh 86 degrees 52 minut~s West 60 feet to a point of CUf\'C; thence still along tbe same on a ~urve to tbe right having a radius of 512.20 feet, !be arc llistam:e of 5 feet to a ~omer of wt No. 34 QIl the hereinafter menlione<l plan of lots; thence along Lot No. 34, Nonll 2 degree< 39 minutes West 112.60 feel; thence North 86 degrces.'52 minutes East 65 feet to a corner of Lot No. 32 on said plan; thence along Lot No. 32 South 2 degrees 39 minutes East 112.64 teet 10 the point and place of beginning. BEING Lot No. 33 on Plan of LOIS entitled "General Plan of Section 2 and 3 or Clearview I'arms. as recorded in Plan Book 9. Page 6. Cumberland CounlY Re""rds. TITLE TO SAID PREMISES IS VESTED IN Dennis R. Ritchey and Sherry Y. Ritchey, husband and wife by Deed from George T. 111Omson and Debra A. Thomson daled 112011993 and recorded 1122/1993. in Oeed Book 36.C Page 486. TAX PARCEL # 10-21-279-47 PREMISES BEING; 4707 CLEARVIEW DRIVE, CAMP HILL, PA 17011 ,j~~jnrl,i,i~~J_f~~~'~!t;,;~,ir~~~~':'~_~-t<~~,:r~___'Li7'7'~~'h'~:--' ;.__-j-:-i~~#-~~""'-'l,-.4~"'''''';~'_;}R;"'I'-'~~'':"-_''~~''~;'1r'''<i-w~~~,~,",W,~.~,;"'i~ :~(;.~_-l:'" 'i(",I:i~-#W"~.,,, 1 .~ ~-' "'" N,.,",._ """"",",.~.,"~-~..~_.....,..._, 'H_'~-"-~"""~"-"",,,___~,,,,-,,,,,,,,_, ,~.......-~ -",. -,-",'.,.,' ~',;",h.'<!".", . _>-",f<',"~__-:"', ,-+~"'; ^, .~_; ,,~<..' ;r:;.," WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6070 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBER.LAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SIB/M TO BANK UNITED, Plaintiff (s) From DENNIS R. RITCHEY AND SHERRY Y. RITCHEY (I) You are directed to levy upon the property of the defendanl (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 GARN[SHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,447.45 L. L. $.50 Interest FROM 312/05 TO 6/8/05 (PER DIEM - $12.90) - $1,264.20 AND COSTS Atty's Cornm % Due Prothy $1.00 Atty Paid $137.10 Plaintiff Paid Date: MARCH 3, 2005 Other Costs (Seal) CURTIS R. LONG Prothonotary ~: ~o-" P 7f.rfl/U r ;- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 "- -,. ~ 0;: 0- cr>-' f'") /.LJI- :r: ;; n; U):.... !:;:!\~,: i:: C'. 2;'~ ~J.'l~ Sf\ w._~_ co:::::: c..;, Q Cl:> I = ~ ....., 1e . Alnd:lQ :lllllsg: IU:lll. J~frPOr\:Afd ~Oo(; '0 [ l[:).JUW ::llUQ 'U!:l'!:ll[ P:llll.lOWO;)U! :l;)U:l.!:lp.! S!l[l Aq pUU l!.IM S!l[llfHM p:l1Y ~ c:::u;1 c:::u;1 c:;:::::a ~ "v" l!q!l[Xg: UO p:lqp;)S:lp AIlt1J :l.!ow 'mH dwu:J ':lA!.fQ M:l!A.JU:lI:J l[l.lON LOL17 su p:l.!:lqwnu puu UMOU)J: va 'AlunO:J pUU{.l:lqwn:J 'd!l[SUMOl u:lpdwUH U! P:llUnl!S Al.l:ldo.!d IU:l.! :ll[l U! lS:l.!:llU! S,lliUPU:lPP :ll[l uodn p:l!A:l[ ]]!.f:ll[S :ll[l ~ooz '0 I l[;).ffiW uQ 017# :lIUS :lllllsg: [U:lll. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2,1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on Ihe following dates, VIZ: April 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 Ihe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 29 day of April NOTARIAl SEAl LOIS E. SNYDER. Notary Public CarIi&le Boro. Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 40 Writ No. 2004-6070 CMl Washington Mutual Bank. F.A. s(h(m to Bank United vs. Dennis R. Ritchey and Sherry Y. Ritchey Atty.: Danie] Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in Hampden Town- ship, Cumberland County, Penn- sylvania. bounded and descI1bed in accordance with a survey and plan thereof made by WilHam B. Whit- lock, Registered Professional Engi- neer, dated August 31, 1959, as fol- lows: BEGINNING at a point on the North side of Clearview Drive which point is 215 feet West of Hampden Avenue; thence extending along Clearview Drive South 86 degrees 52 minutes West 60 feet to a point of curve; thence still along the same on a CUIve to the right having a radi- us of 512.20 feet, the arc distance of 5 feet to a comer of Lot No. 34 on the hereinafter mentioned plan of lots; thence along Lot No. 34, North 2 degrees 39 minutes West 112.60 feet; thence North 86 de~ grees 52 minutes East 65 feet to a comer of Lot No. 32 on said plan; thence along Lot No. 32 South 2 degrees 39 minutes East 112.64 feet to the point and place of begimung. BEING Lot No. 33 on Plan of Lots entitled "General Plan of Section 2 and 3 ofClearview Farms" as record~ ed in Plan Book 9, Page 6, Cumber~ land County Records. TITLE TO SAID PREMISES IS VESTED IN Dennis R. Ritchey and ShenyY. Ritchey, husband and wife by Deed from George T. Thomson and Debra A. Thomson dated 1/20/ 1993 and recorded 1/22/1993, in Deed Book 36~C Page 486. TAX PARCEL #10-2]-279-47. PREMISES BEING: 4707 CLEAR- VIEW DRIVE, CAMP HILL. PA 17011. oJ"- ~=--=,,;o THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and 10th day(s) of May 2005. That neither he nor said Company is interested in lhe subject matter of said printed nolice 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 Misce eous Book "M". Volume 14, Page 317. COPY SALE #40 ribed before ~ 25th day of /kt NOTA: YPUBLIC My commission expires June 6, 2006 PUBLICATION Sworn to and su CUMBERLAND COUNTY SHERIFFS OFF[CE 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 ahove stated dates 267.85 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 cosls and certifies that the same have been duly paid. By.................................................................... . .~ ~ RlALIQIUEUU ...."" W1IUlo. III I 11I.6 CIIIlI1lIoriII ~-=:=F.A.tII v. DennIs R. ~snd ~:"ii&a DESC..-.tON AIL 11IATCJiuAn; pio<eu pIItIl of land situale in I/aoIpdon Towasbip, Cumbedaad ~,_,lnOia, boaodod 1IllI_ in """""'""'...._lIlIIpId_made by William B. _'........ Pmfl:ssional liDplra'.dliedAipt31,19S9,.._ BI!GINNIIiG.. poiIt ......Nooh side of Cltarview Drive wIIi:h poiIt ~ m !oelWest of IiaqIdoa A_ _ exlalding iklog CteariioW Drive _ 86. dopoos ~ _ WestfO......poiItof__Ilil!.... ........ III . .......lIIatipl...... . radius of 51231 ...,... .........,5............ of IAI No. 34... .. ......._... of kJOa;_.....1iII 1iIII1Io.34,_Z.....39 ~_la_....._.... SZ_I!ioIOS_"IlI_alIAlNo.12 1Il. .. .; QimberIaodCoolil!Y...... . 11TLI!'Ri SAID... . ~ ..ill lle!miall.ltiIdIoy~y.;;"""'Y,_ IIllIwife,byDeed_(loorIeT.lbomsoo1aod DobraA.lbomsoo1_1/2lfI9931IllI_ lWl993,mDeed_J6.CPtli4l6. TAXI'l\llOlt",,-I().21.21!J47. PIIIlIoIIII!S BlIINlH1II7CJoomew Drive, CamplliU,PAl7011. AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 40 Date Filed: September 02, 2005 Writ No. 2004-6070 Civil Term Washington Mutual Bank FA slb/m to Bank United VS Dennis R. Ritchey and Sherry Y. Ritchey 4707 North Clearview Drive Camp Hill, PA 17011 Sale Date: Buyer: Bid Price: August 03,2005 Ann Gatchell for Central Penn Property Services, Inc. $102,000.00 Real Debt: Interest: Attorney Costs: $78,447.45 1,264.20 137.10 Total: $79,848.75 DISTRIBUTION: Receipts: Cash on account (03/10/2005): Cash on account (08/03/2005): Cash on account (08/19/2005): $ 1,500.00 10,200.00 96,509.00 Total Receipts: $108,209.00 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Marie Huber, Local Tax Collector Hampden Township Attorney Daniel Schmieg Washington Mutual Bank, F.A. Celtic Moon Publishing, Inc. $ 2,850.45 200.00 1,234.50 1,234.50 1,179.44 366.76 1,500.00 85,253.90 14,389.45 Total Disbursements: ($108,209.00) Balance for distribution: 0.00 So Answers: r~Ft~t:~/-4 R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 40 Date Filed: September 02, 2005 Writ No. 2004-6070 Civil Term Washington Mutual Bank F.A. slb/m to Bank United VS Dennis R. Ritchey and Sherry Y. Ritchey 4707 North Clearview Drive Camp Hill, PA 17011 Sale Date: Buyer: Bid Price: August 03, 2005 Ann Gatchell for Central Penn Property Services, Inc. $102,000.00 Real Debt: Interest: Attorney Cosls: $78,447.45 1,264.20 137.10 Total: $79,848.75 DISTRIBUTION: Receipts: Cash on account (03/1 0/2005): Cash on account (08/0312005): Cash on account (08/19/2005): $ 1,500.00 10,200.00 96,509.00 Total Receipts: $108,209.00 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Marie Huber, Local Tax Collector Hampden Township Attorney Daniel Schmieg Washington Mutual Bank, F.A. Celtic Moon Publishing, Inc. $ 2,850.45 200.00 1,234.50 1,234.50 1,179.44 366.76 1,500.00 85,253.90 12,482.85 Total Disbursements: ($106,302.40) 0.00 Balance for distribution: So Answers: r~~ R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 40 Held Wednesday, June 8, 2005 Date: August 12, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liabilily for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which George T. Thomson and Debra A. Thomson, his wife, by deed dated January 20, 1993 and recorded January 22, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book "C," Volume 36, Page 486, granted and conveyed to Dennis R. Ritchey and Sherry Y. Ritchie, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicls in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Clearview Drive. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Sections 2 and 3 of Clearview Farms, recorded in Plan Book 9, Page 6. 7. Building and use conditions and reslrictions as set forth in Deed recorded in Deed Book "X," Volume 16, Page 417. 8. Mortgage in the amount of $86,973.00 given by Dennis R. Ritchie and Sherry Y. Ritchie 10 Fleet Real Estale Funding Corporation dated January 20, 1993 and recorded January 22, 1993 in Mortgage Book 1114, Page 664. Said mortgage was assigned to Bank Uniled by instrument recorded October 5,1990 in Miscellaneous Record Book 590, Page 778. Complaint in mortgage foreclosure filed by Washington Mutual Bank, S.A., successor by merger to Bank United as Plaintiff, against Dennis R. Ritchie and Sherry Y. Ritchie, as Defendants, on December 3, 2004 in the Office of the Prothonotary of Cumberland County to File No. 2004-6070. Judgment in the amount of $78,447.45 entered March 3, 2005. 9. Mortgage in the amount of $500,000.00 given by Dennis R. Ritchie and Sherry Y. Ritchie to Celtic Moon Publishing, Inc. dated December 15, 1989 and recorded December 23, 1999, in Mortgage Book 1588, Page 997. 10. Mortgage in the amount of $50,000.00 given by Dennis R. Ritchie and Sherry Y. Ritchie to Administrator of the Small Business Administration dated April 24, 2002 and recorded May 29, 2002 in Mortgage Book 1760, Page 728. 11. Judgment in the amount of $375,208.67 entered by Mellon Bank, N. A. now by assignment Citizen's Bank of Pennsylvania, as Plaintiff against Dennis R. Ritchie and Sherry Y. Ritchie, as Defendants, on July 21, 2004 to File No. 2004-2309. 12. Judgment in the amounl of $24,859.65 entered by Community Banks, as Plaintiff against Sherry Y. Ritchie, as Defendant, on April 6, 2004 to File No. 2004-1467. Said judgment may be lien on the above-described premises in the event of the death of divorce of Dennis R. Ritchie. 13. Judgment in the amount of $428,691.22 entered by Mellon Bank, N. A. as Plaintiff against Sherry V. Yearick Ritchie, and Dennis R. Ritchie, as Defendant, on September 26 2003 to File No. 2003-5129. 14. Judgment in the amount of $109,305.67 entered by Mellon Bank, N. A. as Plaintiff against Sherry V. Yearick Ritchie, and Dennis R. Ritchie, as Defendants, on September 26 2003 10 File No. 2003-5131. 15. Judgment in the amount of $27,312.51 entered by Manufacturers and Traders Trust Company, as Plainliff against Sherry Y. Ritchie, and Dennis R. Ritchie, as Defendants, on December 22, 2003 to File No. 2003-6556. 16. Judgment in the amount of $7,857.49 entered by Household Finance Consumer Discount Company as Plaintiff against Sherry Y. Ritchie, as Defendant, on December 22,2003 10 File No. 2003-6557. Said judgmenl may be a lien on the subject premises in the event of a divorce or death of Dennis R. Ritchie. 17. Rights granted to Pennsylvania Power and Lighl Company and Bell Telephone Company of Pennsylvania by instruments recorded in Miscellaneous Record Book 120, Page 175, and in Miscellaneous Record Book 130, Page 64. 18. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances inlended to be divested by subject Sheriff Sale. 19. Satisfactory evidence to be produced that the advertisement of the property for sale is sufficient despite the lack of reference 10 any improvements on the subject property. 20. Real estate taxes accruing on and after January 1,2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to detennine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. J. Robert G. Frey, Agent Note: This Title Report shall not be valid or ing until countersigned by an authorized signat REAL ESTATE SALE NO. 40 Wrtt No. 2004-6070 CMI Washington Mutual Bank. F.A. s/b/rn to Bank United vs. Dennis R. Ritchey and Sherry Y. Ritchey Atty.: Daniel Schmieg LEGAL DESCRiPTION ALL TIfAT CERTAIN piece or par- cel of land situate in Hampden Town- ship. Cumberland County, Pennsyl- vania, bounded and described in accordance with a survey and plan thereof made by WllIiam B. Whit- lock. Registered Professional Engi- neer, dated August 31. 1959. as fol- lows: BEGINNING at a point on the North side of Clearvlew Drive ",Web point is 215 feet West of Hampd<m Avenue: thence extending along Clearview Drive South 86 degrees 52 minutes West 60 feet to a.point of curve; thence still along the same on a curve to the right having a radi- us of 512.20 feet, the arc distance of 5 feet to a comer of Lot No. 34 on the hereinafter mentioned plan of lots; thence along Lot No. 34. North 2 degrees 39 minutes West 112.60 feet~ thence North 86 de- grees 52 minutes East 65 feet to a comer of Lot No. 32 on said plan~ thence along Lot No. 32 South 2 degrees 39 minutes East 112.64 feet to the point and place of beginning. BEING Lot No. 33 on Plan of Lots entitled "General Plan of Section 2 and 3 of Clearview Fanns" as record- ed In Plan Book 9, Page 6. Cumber- land County Records. TITLE TO SAID PREMISES IS VESTED IN Dennis R. Ritchey and Sherry Y. Ritchey. husband and wife by Deed from George T. Thomson and Debra A. Thomson dated 1/20/ 1993 and recorded 1/22/1993. in Deed Book 36-C Page 486. TAX PARCEL #10-21-279-47. PREMISES BEING: 4707 CLEAR- ViEW DRIVE, CAMP HILL. PA 17011.