HomeMy WebLinkAbout04-6401
PHELAN HALLINAN & SCHMIEG, LLP
LA WRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE l400
PHILADELPHIA, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
WASHINGTON MUTUAL BANK, F.A.
8120 NATIONS WAY
BUILDING lOO
JACKSONVILLE, FL 32256
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
Cu'~Lr~
Plaintiff
NO. 04 - tof.l 01
v.
CUMBERLAND COUNTY
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR,
AND ALL HEIRS AT LAW OF THE
ESTATE OF MARGARET R. RIGGINS
1042 WILLOWBROOK DRIVE
CHAMBERSBURG, PA 1720l
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 objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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 ELIGIBLE 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 #: 102369
File #: 102369
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
OBT AIN AND PROVIDE DEFENDANT(S) 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 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 AFTER 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 ESTATE.
l. Plaintiff is
WASHINGTON MUTUAL BANK, F.A.
8120 NATIONS WAY
BUILDING 100
JACKSONVILLE, FL 32256
2. The name(s) and last known address(es) ofthe Defendant(s) are:
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR,
AND ALL HEIRS AT LAW OF THE
ESTATE OF MARGARET R. RIGGINS
1042 WILLOWBROOK DRIVE
CHAMBERSBURG, PA 1720l
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 11/06/2002 MARGARET R. RIGGINS made, executed and delivered a mortgage
upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in
the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1783,
Page: 1283.
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 05/01/2004 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 #: 102369
6. The following amounts are due on the mortgage:
Principal Balance
Interest
04/01/2004 through 12120/2004
(Per Diem $l5 .28)
Attorney's Fees
Cumulative Late Charges
11/12/2002 to 12/20/2004
Cost of Suit and Title Search
Subtotal
$92,979.93
4,033.92
850.00
136.50
$ 750.00
$ 98,750.35
Escrow
Credit
Deficit
Subtotal
0.00
1,890.74
$ 1,890.74
TOTAL
$ 100,64l.09
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. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
9. This action does not come under Act 91 of 1983 because the mortgaged premises is not
owner-occupied.
10. Mortgagor MARGARET R. RIGGINS died on 04/04/2004, leaving a Will dated
03/1 9/2004, wherein she appointed MICHAEL A. MCNEW as her Executor. Letters
Testamentary were granted to him on 04/14/2004 in Cumberland County, No. 2104-358.
Decedent's surviving heir at law and next-of-kin is defendant JOSHUA A. RIGGINS.
11. By waiver dated 12/07/2004, JOSHUA A. RIGGINS waived his right to be named as a
defendant in the foreclosure action. Said waiver is attached as Exhibit "A".
12. Plaintiff does not hold the named Defendants, MICHAEL A. MCNEW, personally liable
on this cause of action and releases them from any personalliablity. This action is being
brought to foreclosure their interest in the aforesaid real estate only.
File #: 102369
13. Defendants, MICHAEL A. MCNEW, have been named in accordance with Pa R.C.P.
1144 (a)(2), in order to divest the equitable interests in the premises and have no personal
liability for the debt secured by the mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 100,641.09, together with interest from 12/20/2004 at the rate of$15.28 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.
/" PIfEL~?1:r;IEG. LLP.
By,:2 Is/Frands S. Hallinan
t.;RENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 102369
FEDERMAN AND PHELAN, LLP
By: Francis S. Hallinan
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, F.A.
v.
ESTATE OF MARGARET R. RIGGINS, DECEASED
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
I, JOSHUA A. RIGGINS, Devisee of the Estate of MARGARET R. RIGGINS, hereby
waive my right to be named as a defendant in a foreclosure action to be instituted by
WASHINGTON MUTUAL BANK, F.A. involving a mortgage secured on premises 11 OCKER
LANE, SHIPPENSBURG, P A 17257, which property was owned by decedent at the time of her
death.
I hereby consent to the foreclosure action, without any further notice of proceedings of
Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
Date: 12/0 7/0i
~~~~TIS~
Of the Estate of Margaret A. Riggins
* This firm is a debt collector. Any information we receive will be used for that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
EXHIBIT A
LEGAL DESCRIPTION
ALL that following described lot of ground situate, lying and being in Southampton Township, County of Cumberland,
Commonwealth of Pennsylvania, bounded and limited as follows, to wit:
BEGINNING at a corner of land now or formerly of Ralph Ocker, being the Northwesterly corner of the same where said
land joins corner ofland now or formerly of Errol V. Coy and Curvey M. Coy, his wife; thence along land now or
formerly of Ralph Ocker in an Easterly direction, a distance of 248 feet to a point, thence along land now or formerly of
Smith in a Northerly direction, a distance of215 feet to a point; thence by land now or formerly of Errol V. Coy and
Curvey M. Coy, his wife, in a Westerly direction, a distance of245 feet to a point; thence continuing by land now or
formerly of Errol V. Coy and Curvey M. Coy, his wife, in a Southerly direction, a distance of215 feet to a point, the place
of BEGINNING.
BEING NO. II OCKER LANE
File #: 102369
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.
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Fr~t~s S. Hallinan, Esquire
Attorney for Plaintiff
DATE: (Z I2-D J bt
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PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center Plaza
Suite 1400
Philadelphia, P A 19103
(215) 563,7000
WASHINGTON MUTUAL BANK, FA
Attorney For Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
v.
CUMBERLAND COUNTY
NO. 04-640 I-CIVIL TERM
EST ATE OF MARGARET R. RIGGINS,
MICHAEL A, MCNEW, EXECUTOR
AND ALL HEIRS AT LAW OF THE
EST ATE OF MARGARET R. RIGGINS
Defendant
STIPULATION FOR ENTRY OF IN REM JUDGMENT,
ACCEPTANCE OF SERVICE OF COMPLAINT. AND
WAIVER OF NOTICE OF SHERIFF'S SALE
It 1S hereby stipulated by and between Plaintiff, WASHINGTON MUTUAL BANK,
F.A., by and through its attorney, Francis S. Hallinan, Esquire, and the Defendant, MICHAEL A.
MCNEW, EXECUTOR OF THE ESTATE OF MARGARET R. RIGGINS, that:
I, Defendant hereby accepts service of Complaint filed in the within action on or about
12/21/04.
2. Defendant hereby waives the 10 day default notice provision provided under
Pa.R.C.P.237.
3. Judgment in rem only is entered in favor of Plaintiff and against Defendant in the
above-captioned matter; and damages are assessed as follows:
Amount set forth in Complaint
$100,641.09
together with interest from 12/20/04 at the rate of$15.28 per diem to the date of judgment,
and other costs and charges collectible under the mortgage and for foreclosure and sale of the
mortgaged property.
It is specifically understood by the parties that the Defendant has no personal liability for the debt
secured by the mortgage, and is consenting to the within Foreclosure action to divest his interest
in the subject mortgaged premises.
4. Defendant hereby consents to the legal action herein without any further notice of
institution ofIegal proceedings or sheriff's sale.
5. Specifically, Defendant waives the right to personal service of the notice of sale and
agrees that Plaintiff may effectuate notice of sale pursuant to Pa.R.C.P. 3129 upon him by regular
mail and thereafter filing an Affidavit of Service of same with the Office of the Prothonotary.
} /a 5/0r-
I
F ncis S. Hallinan, Esquire
Attorney for Plaintiff
d/ 1JIc/;
~A. McNew, Executor
Of the Estate of Margaret R. Riggins
Date:
Date:
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,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.
8120 NATIONS WAY, BUILDING 100
JACKSONVILLE, FL 32256
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 04.6401-CIVILTERM
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
11 OCKER LANE
SHlPPENSBURG, PA 17257
Defendant(s).
PRAECIPE FOR IN REM JUDGMENT IN COMPLIANCE WITH SIGNED STIPULATION
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against EST ATE OF
MARGARET R. RIGGINS, MICHAEL A. MCNEW, EXECUTOR, AND ALL HEIRS AT LAW
OF THE ESTATE OF MARGARET R. RIGGINS, Defendant(s) in accordance with signed
Stipulation for Entry ofIn Rem Judgment, Acceptance of Service of Complaint, and Waiver of Notice of
Sheriffs Sale:
As set forth in Complaint
Interest from 12/21/04 to 3/1/05
TOTAL
$100,641.09
$ 1.084.88
$101,725.97
I hereby certify that (1) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and
(2) that notice in accordance with Rule 237.1, is not required in this case per Stipulation.
DANIEL G. SCHMIEG, EIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS lNDIC(!;D.. y;
DATE: (f2'a/J r ~ ;;(., ~coS" E~ .J I:! .
PRO PROTHY
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
WASHINGTON MUTUAL BANK, F.A.
8120 NATIONS WAY, BUILDING 100
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 04-6401-CIVILTERM
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
(rJ~ .J. 20o.S.
If you have any questions concerning this matter, please contact:
DANIEL G. SCHMIEG. ESQUIRE
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
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.**
.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.
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
NO. 04-6401-CIVILTERM
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:
(X) an FHA mortgage
() non-owner occupied
() vacant
() 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.
/'J
DANIEL G. SCHMIEG, ES
Attorney for Plaintiff
, 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.
8120 NATIONS WAY, BUiLDING 100
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO.04-6401-CIVILTERM
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the 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 ESTATE OF MARGARET R. RIGGINS, MICHAEL A.
MCNEW, EXECUTOR, AND ALL HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS is over 18 years of age and resides at , 11 OCKER
LANE, SHIPPENSBURG, P A 17257 .
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
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CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
W ASHlNGTON MUTUAL BANK, F.A.
Plaintiff,
v.
No.04-6401.CIVILTERM
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$101,725.97
Interest from 3/1/05 to JUNE 8, 2005
(per diem -$16.72)
$1,655.28 and Costs
TOTAL
$103,381.25
DANIEL G. S HMIEG, ESQUI
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 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.
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LEGAL DESCRIPTION
ALL that following dw:ribed. lot of ground silUale, lying ar<<l being in SOIlIllam-pIOD TowllSbip, Counly
of (''nmber!alld. Commonwealth ofPcnnsylvania, bounded and Iimiu:d 118 follows, 10 wit:
BEGINNING al a comer of land oow or formerly of Ralph Ocker. ooing me Northwesterly corner of
!he same wbcre said land joins comer of land now or formerly of Errol V. Coy and Curvey M. Coy,
his wife; thence along land now or formerly of Ralph Oclrer in aJl ~crly direclion, a distance of 245
feel to a point,; lIlence a111ng 1Jmd JU}w or ft'lrmerly of Smith in a Northerly direction, a distance of 215
feet to a poimi tflence by land flOW or fOl'llletly of Br:rol V. Coy allll C\lTvey M. Coy. hill wife, in a
Westl:1'l,y direction, a dislallCe uf24S feet to II point: IhellCc continuing by land now or formerly of Errol
V. Coy and Curvey M. Coy. bis wife. in a Southerly direc\ioll. a <Ii.>lam':e of 215 feci to ill)oinl, lilt:
place of beginning.
fURTUER being described as Parcel F, in Plan 29--29.
TITLE TO SAID PREMISES IS VESTED IN Margaret Riggins, a single woman hy Deed from
Brian C. Hancocli: and Paula D. "allCOCk, husband and wife dated I0128f1999 and recorded
\1/1/1999, in Deed. Boot 210 Page 803.
TAX PARCEL # 39-37-2092-038
PREMISES BEING: 11 OCKER LANE, SHIPPENSBURG, P A 17257
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04.6401 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s)
From ESTATE OF MARGARET R. RIGGINS, MICHAEL A. MCNEW, EXECUTOR, AND
ALL HEIRS AT LAW OF THE ESTATE OFMARGARETR. RIGGINS
(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) lfproperty 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 $101,725.97 L.L. $.50
Interest FROM 3/1/05 TO 6/8/05 (PER DIEM - $16.72). $1,665.28 AND COSTS
Atty's Comm % Due Prothy $LOO
Atty Paid $82.00 Other Costs
Plaintitf Paid
Date: MARCH 2, 2005
CURTIS R. LONG
(Seal)
pr~tho~ ~
,-By. .
Deputy
~/2A' /'
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court lD No. 62205
"
WASHINGTON MUTUAL BANK, F.A.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
CIVIL DIVISION
NO.04-640I-CIVILTERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at. II OCKER LANE. SHIPPENSBURG.
PA 17257 .
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR,
AND ALL HEIRS AT LAW OF THE
ESTATE OF MARGARET R. RIGGINS
II OCKER LANE
SHIPPENSBURG, PA 17257
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
,
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
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)
COMMONWEALTH OF PENNSYLVANIA
BUREAU OF INDIVIDUAL TAX
INHERITANCE TAX DIVISION
ATTENTION: JOHN MURPHY
6TH FLOOR, STRAWBERRY SQUARE
DEPT. 280601
HARRISBURG. PA 17128
DEPARTMENT OF PUBLIC WELFARE
TPL CASUALTY UNIT
ESTATE RECOVERY PROGRAM
\3TH FLOOR. SUITE \300
1001 LIBERTY AVENUE
PITTSBURGH. PA 15222
P.O. BOX 8486
WILLOW OAK BUILDING
HARRISBURG. PA 17105-8486
INTERNAL REVENUE SERVICE
FEDERATED INVESTORS TOWER
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
11 OCKER LANE
SHlPPENSBURG, PA 17257
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 understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
March 1. 2005
DATE
/7
/..
DANIEL G. SCHMIEG, ES
Attorney for Plaintiff
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WASHINGTON MUTUAL BANK, F.A.
Plaintiff,
CUMBERLAND COUNTY
v.
No.04-6401-CIVILTERM
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
Defendant(s).
March 1, 2005
TO: ESTATE OF MARGARET R. RIGGINS, MICHAEL A. MCNEW, EXECUTOR, AND
ALL HEIRS AT LAW OF THE ESTATE OF MARGARET R. RIGGINS
11 OCKER LANE
SHIPPENSBURG, PA 17257
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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, 11 OCKER LANE, SHIPPENSBURG. PA 17257, 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, P A 17013, to enforce the court judgment of $101.725.97 obtained by
WASHINGTON MUTUAL BANK. F.A. (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
LEGAL DESCRIPTION
ALL that following: de~ribcd 101 of ground situate, lying and being in Southampton Township, County
of Cumberland, COllllIlonwealth of PClUlSylvania, bounde,", and limited ag follows, 10 wil:
BF.G1NN[NG al a comer of land now or formerly of Ralph Ocker, beillg thc Norrhwe.>rerly corner of
the same wbere said lalld joins corner (If land now or formerly of Errol V, Coy and Cuevey M. Coy.
his wife; lheoce along land now or formerly of Ralph Ocker in an Easterly dir~lion, a distance of 245
feel 10 :l )'nint; tllellCe along land now or formerly of Smillt in a Northerly directioo, a distllnce of 215
feet 10 a poilU; ll100ce by land now or fonllerl; of Errol V. Coy aOll Cuney M. CO), his wife, in a
Westerly direction, a di~laOO: uf245 flX1 to a puint; thence culltinuing by land oowor fonnerly (lfErrol
V. Coy and Curvey M, Coy. bis wife. ill a Soolherly directlon, a distance of 215 fCl:t to a point, the
place of beginn~.
FURTHER being described as Parcel F, in Plan 29,29.
TITLE TO SAID PREMISES IS VESTED IN Margarct Riggins, a single, woman by Deed from
Brian C, HallCoclc and Paula D. HancocK, husbllud and wife dated 1012811999 aOll recorded
1111I1999, in Deed Book 210 Page 803.
TAX PARCEL # 39-37,2092-038
PREMISES BEING: 11 OCKER LANE, SHIPPENSBURG, P A 17257
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-06401 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
RIGGINS MARGARET RESTATE ETAL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who be'ng
duly sworn according to law, says, that he made a diligent searc and
inquiry for the within named DEFENDANT
MCNEW MICHAEL A EXECUTOR OF
ESTATE OF MARGARET R RIGGINS
b twas
unable to locate Him in his bailiwick. He therefore returns t e
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, MCNEW MICHAEL A EXECUTOR OF
ESTATE OF MARGARET R RIGGINS
11 OCKER LANE
SHIPPENSBURG, PA 17257
11 OCKER LANE SHIPPENSBURG IS VACANT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
14.80
5.00
10.00
.00
47.80
So answ,:;::~
---:=?:~'~~,r-:-
R. Thomas Kline
Sheriff of Cumberland County
~/ ,-~ -------.--
PHELAN HALLINAN SCHMIEG
04/18/2005
Sworn and subscribed to before me
this
O(lO-o->--;;:D .
0'1:" 1YI~
Prothonotary
ol0-
day of
/P t ~l
~,..".,
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-06401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
RIGGINS MARGARET RESTATE ETAL
R, Thomas Kline
, Sheriff or Deputy Sheriff who b~ing
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
MCNEW MICHAEL A EXECUTOR OF
ESTATE OF MARGARET R RIGGINS
but was unable to locate Him in his bailiwick. He thereforE
deputized the sheriff of FRANKLIN County, pennsylvani , to
serve the within COMPLAINT - MORT FORE
On April
18th , 2005 , this office was in receipt of t e
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Franklin Co
6.00
9.00
10.00
100.00
.00
125.00
04/18/2005
PHELAN HALLINAN
So answery :>
::~~~
R. Thomas Kllne
Sheriff of Cumberland
-.,""'
.-'-
County
SCHMIEG
Sworn and subscribed to before me
this dj day of ~.
,Jo.o,~A.D.
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- prothono ry
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00002 T
.it
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
WASHINGTON MUTUAL BANK
VS
ESTATE OF MARGARET RIGGINS ET
KENNETH W. HALL
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT-MORT FORECLS
was served upon
MCNEW MICHAEL A
th
DEFENDANT
, at 0015:35 Hour, on the 12th day of January ,2005
at FRANKLIN CO SHERIFF'S OFFICE
157 LINCOLN WAY EAST
CHAMBERS BURG , PA 17201
by handing to
MICHAEL A MCNEW
a true and attested copy of COMPLAINT-MORT FORECLS
together ith
and at the same time directing His attention to the contents t reof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
.00
.00
.00
.00
.00
.00
KENNETH W.
By
/ Deputy
04/12/2005
CUMBERLAND CO SHERIFF
Sworn and Subscribed to
/37h day of
,
before
me
/'A.D.
_._--'-~
----.- Notarial ~cal
L Richard D. McCa.-ty, Not31)' Pubtic
Ch3lllbersburg Boro..Flanklm CCl~ty
My commission E'l:pue:, ,~. 29, _007
-------
k~b
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WASHINGTON MUTUAL BANK, FA
)
)
CIVIL ACTION
vs.
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR,
AND ALL HEIRS AT LAW OF THE
EST ATE OF MARGARET R. RIGGINS
) CIVIL DIVISION
) NO. 04-6401-CIVILTERM
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
SS:
I, DANIEL SCHMIEG, ESQUIRE attorney for WASHINGTON MUTUAL
BANK. F.A. 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: Mav 5. 2005
WASHINGTON MUTUAL BANK, F.A.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
CIVIL DIVISION
NO.04-640I-CIVILTERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No, I)
WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at, 11 OCKER LANE, SHIPPENSBURG,
PA 17257.
I. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR,
AND ALL HEIRS AT LAW OF THE
ESTATE OF MARGARET R. RIGGINS
11 OCKER LANE
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
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 intcrest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be reasonably
ascertained, please indicate)
COMMONWEALTH OF PENNSYLVANIA
BUREAU OF INDIVIDUAL TAX
INHERITANCE TAX DIVISION
ATTENTION: JOHN MURPHY
6TU FLOOR, STRA WBERRY SQUARE
D EPT. 28060 I
HARRISBURG. PA 17128
INTERNAL REVENUE SERVICE
FEDERATED INVESTORS TOWER
13m FLOOR. SUITE 1300
1001 LIBERTY AVENUE
PITTSBURGH. PA 15222
DEPARTMENT OF PUBLIC wELFARE
TPL CASUALTY UNIT
ESTATE RECOVERY PROGRAM
P.O. BOX 8486
wiLLOw OAK BUILDING
HARRISBURG. PA 17105-8486
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
11 OCKER LANE
SHIPPENSBURG, PA 17257
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 understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities.
March L 2005
DATE
DANIEL G. SCHMIEG, ES
Attorney for Plaintiff
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~ 02 1A $ 01.800
. ~ 0004300371 MIIR 08 2005
M/l.ILEOFROM ZIPCOOE 19103
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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 Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to
said grantee on the 8th day ofJune A.D., 202005, under and by virtue of a writ Execution issued on the
2nd day of March, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004
Number 6401, at the suit of Washington Mutual Bank F A against Michael A McNew exor/heirs is duly
recorded in Sheriffs Deed Book No. 269, Page 3903.
IN TESTIMONY WHEREOF, I have hereunto set my hand
-Ii
and eal of said office this I day of
,A.D.
der of Deeds
, Cumbo_ Counl)l, Carlisle PA
E>jlireo the Flrot Monday of Jan.' 2C08
Washington Mutual Bank, F.A
VS
Estate of Margaret R. Riggins, Michael
A. McNew, Executor, and all Heirs at Law
Ofthe Estate of Margaret R. Riggins
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-6401 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Estate of
Margaret R. Riggins, Michael A McNew, Executor, and all Heirs at Law of the Estate of
Margaret R. Riggins, but was unable to locate them in his bailiwick. He therefore
deputized the Sheriff of Franklin County, Pennsylvania, to serve the within Real Estate
Writ, Notice of Sale and Description according to law.
Franklin County Return: Served the within named defendant, Estate of Margaret
R. Riggins, Michael A McNew, Executor, and all Heirs at Law of the Estate of Margaret
R. Riggins, on March 28, 2005 at 10: I 0 o'clock A.M., by handing to Michael A McNew
at 5034 Lincoln Way West, Fayetteville, PA 17201. So Answers: Hon. Robert
Wollyung, Sheriff of Franklin County, PA.
Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law,
states that on April 14, 2005 at 6:07 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 Estate of Margaret R. Riggins, Michael A. McNew, Executor, and all Heirs at
Law ofthe Estate of Margaret R. Riggins, located at 11 Ocker Lane, Shippensburg,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Estate of Margaret R. Riggins, Michael A McNew, Executor and all
Heirs at Law of the Estate of Margaret R. Riggins, by regular mail to his last known
address of5034 Lincoln Way West, Fayetteville, PA 17201. This letter was 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 at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on June 8, 2005 at 10:00 o'clock AM. He sold the same for the
sum of$1.00 to Attorney Daniel Schmieg for Secretary of Veterans Affairs, an Officer of
the United States of America. It being the highest bid and best price received for the
same, Secretary of Veterans Affairs, an Officer of the United States of America of 1000
Liberty Ave., Pittsburgh, PA 15222, being the buyers in this execution, paid to SheriffR.
Thomas Kline the sum of $861.09.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
$30.00
16.89
15.00
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Postage
Out of County
Franklin County
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
$
15.00
30.00
10.00
.50
1.00
14.06
6.87
15.00
20.00
.37
9.00
72.48
256.10
267.85
16.47
25.00
39.50
861.09
Sworn and subscribed to before me So Ans~;JJ~
/"' .,.. ~PI-' ~"
This--.-r..:..dayof~ .'~ -r-,rr~ .~
~, . y. Thomas Klme, Shenff
2005, A.D. \.. ~;6ilio~o~Yh~O'", ~ BY\)och5~
Real Estate eputy
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WASHINGTON MUTUAL BANK, F.A.
,
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
CIVIL DIVISION
NO.04-640I-CIVILTERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3]29
(Affidavit No. I)
WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DAN]EL G.
SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at, 11 OCKER LANE. SHIPPENSBURG,
PA 17257.
I. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR,
AND ALL HEIRS AT LAW OF THE
ESTATE OF MARGARET R. RIGGINS
11 OCKER LANE
SHIPPENSBURG, PA 17257
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
,
Name
Last Known Address (if address cannot be
reasonably ascertained. please indicate)
None
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)
COMMONWEALTH OF PENNSYLVANIA
BUREAU OF INDIVIDUAL TAX
INHERITANCE TAX DIVISION
ATTENTION: JOHN MURPHY
6TH FLOOR. STRA WHERRY SQUARE
DEPT. 280601
HARRISBURG. PA 17128
INTERNAL REVENUE SERVICE
FEDERATED INVESTORS TOWER
13TH FLOOR, SUITE 1300
1001 LIBERTY AVENUE
PITTSBURGH. PA 15222
DEPARTMENT OF PUBLIC WELFARE
TPL CASUALTY UNIT
ESTATE RECOVERY PROGRAM
P.O. BOX 8486
WILLOW OAK BUILDING
HARRISBURG, PA 17105-8486
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
11 OCKER LANE
SHIPPENSBURG, PA 17257
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 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 understand that false statements herein are made subject to the
penalties ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
March 1, 2005
DATE
DANIEL G. SCHMIEG, ES
Attorney for Plaintiff
.
WASHINGTON MUTUAL BANK, F.A.
Plaintiff,
CUMBERLAND COUNTY
v.
No.04-6401-CIVILTERM
ESTATE OF MARGARET R. RIGGINS,
MICHAEL A. MCNEW, EXECUTOR, AND ALL
HEIRS AT LAW OF THE ESTATE OF
MARGARET R. RIGGINS
Defendant(s).
March 1, 2005
TO: ESTATE OF MARGARET R. RIGGINS, MICHAEL A. MCNEW, EXECUTOR, AND
ALL HEIRS AT LAW OF THE EST ATE OF MARGARET R. RIGGINS
11 OCKER LANE
SHIPPENSBURG, P A 17257
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 ,11 OCKER LANE. SHIPPENSBURG. PA 17257. 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, P A 17013, to enforce the court judgment of $101.725.97 obtained by
WASHINGTON MUTUAL BANK. F.A. (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
fmd out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5 . You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold
in the absence of a representative of the plaintiff at the Sheriffs 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
.
LEGAL DESCRIPTION
ALL that Mowing dcscri\lc(llot of gfOllnd situate. lying and beill8 in SOIllbamplOD TO\1/DSblp, County
of Cumberlml. Commonwealdl of Pua.syIVllDia, IlouJIdcd B!Illlimlled a., follows. 10 wit:
BF..GlNNING at a corner of land now or fonnerl)' of Ralph 0cIr0r. being the Nor!hwe$tetly corne-r af
the .same where said land joins comer ofland BOW or formerly of Enol V. Cuy and c.'urvey M. CQY,
his Wife; lIlence alone land now or formerly of Ralph Dew in an Easterly direction, a di$tance of 245
feet to a point; Ihence along IaD/llWw or formerly of Smid1 in II Nortberly dir~. II distanl:e of 215
feet 10 a poiLU; dletlce by land now or formerly of Eml V. Coy and C\lJYIlY M. COy. hill wife, in a
Westerly dlreetloD, II disJance of 245 ReI to II point: ~c l:OIIIinuing by llllld now or fonncrly of E'.m?I
V. Coy and Curvey M. Coy. bis wife. in a Soolherly direction. a distanee of 215 feet to II point, the
place of begimllng.
FURTlIER being described lIS Parcol F. in Plan 29-29.
TITLE TO SAID PREMISES IS VESTED IN Margaret Riggins, a single woman by Deed from
Brian C. HallCoc1c and Paula D. ~.k, husband and wife dated 10/2811999 and recuri.!ed
111111999, in Deed Book 210 Page !!O3.
TAX PARCEL # 39-37-2092-038
PREMISES BEING: 11 OCKER LANE, SHIPPENSBURG, P A 17257
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-6401 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK. F.A., Plaintiff (s)
From ESTATE OF MARGARET R. RIGGINS, MICHAEL A. MCNEW, EXECUTOR, AND
ALL HEIRS AT LAW OF THE ESTATE OF MARGARET R. RIGGINS
(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 $101,725.97 L.L. $.50
Interest FROM 3/1/05 TO 6/8/05 (PER DIEM - $16.72) - $1,665.28 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $82.00 Other Costs
Plaintiff Paid
Date: MARCH 2, 2005
CURTIS R. LONG
(Seal)
Protho~ p ~
"'-By: a.-,... 0 . :;P A'........(G.~
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG. ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
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Real Estate Sale #28
On March 09, 2005 the Sherifflevied upon the
defendant's interest in the real property situated in
Southampton Township, Cumberland County, PA
Known and numbered as 11 Ocker Lane,
Shippensburg, more fully described on Exhibit "A"
CT
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rued with this writ and by this reference incorporated herein.
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Connnonwcalth 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 Connnonwealth 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 andlor Sundayl 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 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 ofthc 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.
COpy
S ALE #28
Sworn to and s
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
PUBLICATION
Statement of Advertising Costs
To THE PATRIOT-NEWS CO.
For publishing the notice or publication attached
hereto on the above 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 costs and certifies that the same have
been duly paid.
By....................................................................
~~
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough ofCarIisle 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:
J\priI15,22,29,2005
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 advertiselT'?ut, and that all allegations in the foregoing
sta ?1.l1ents as to time, place and charact . "'blication are true.
SWORN TO AND SUBSCRIBED before me this
29 day of April
NOT ARI SEAl.
LOIS E. SNVDEfI, Notary Public
Cartisle 8010, Cumberland County
My Commission Expires March 5, 2009
.t,
REAL ESTATE SALE NO. 28
WIlt No. 2004-6401 CM!
Washington Mutual Bank, F.A.
vs.
Estate of Margaret R. Riggins,
Michael A. McNew, Executor and
AU Heirs at Law of the Estate of
Margaret R. Riggins
Atty.: Darnel Schmieg
LEGAL DESCRlPTION
ALL that following described lot
of ground situate, lying and being
in Southampton Township, County
of Cumberland, Commonwealth of
Pennsylvania, bounded and limited
as fonows, to wit:
BEGINNING at a comer of land
now or formerly of Ralph Ocker.
being the Northwesterly corner of
the same where said land joins cor-
ner of land now or formerly of Errol
V. Coy and Curvey M. Coy, his wife:
thence along land, now or formerly
of Ralph Ocker in an Easterly di-
rection, a distance of 245 feet to a
point; thence along land now of for-
tion. a distance of 215 feet to a point;
thence by land now or formerly of
Errol V. Coy and Curvey M. Coy.
his wife. in a Westerly direction. a
distance of 245 feet to a point;
thence continuing by land now or
formerly of Errol V. Coy and Cunrey
M. Coy. his wife. in a Southerly di~
reellon. a distance of 215 feet to a
point. the place of beginning.
FURTHER being described as
Parcel F. in Plan 29-29.
TITLE TO SAID PREMISES IS
VESTED IN Margaret Riggins. a
single woman by Deed from Brian
C. Hancock and Paula D. Hancock,
husband and wife dated 10/28/
1999 and recorded 11/111999. in
Deed Book 2 IO Page 803.
TAX PARCEL #39-37-2092-038.
PREMISES BEING: 11 OCKER
LANE. SHIPPENSBURG. PA 17257.
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Ill;
.