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HomeMy WebLinkAbout05-0525 Richard M. Squire, Esquire !.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA v. NO: OS - .f;J..S Cl~;C-~~ Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA 17011 CIVIL ACTION DEFENDANTS. MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of 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 HA VEA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 and 800-990-9108 F:\Clients\Ameriquest\Zeigler\Pleadings\Complaint.wpdPK Richard M. Squire, Esquire !.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attome 's for Plaintiff WM Specialty Mortgage LLC, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA v. NO: OS; - ,5),.5 ClO'LL l~ Bobbie Jo Zeigler 32 Chestnut Street CampHill,PA 17011 CIVIL ACTION DEFENDANTS. MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WM Specialty Mortgage LLC, Without Recourse, by and through its attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: I. Plaintiff, WM Specialty Mortgage LLC, Without Recourse ("Plaintiff"), is a corporation with a principal place of business at 505 City Parkway West, Suite 100 Orange CA 92865. 2. Defendant(s), Bobbie Jo Zeigler, is/are the real owner(s) and mortgagor(s) and grantee(s) in the last deed of record to the hereinafter described real estate located at 32 Chestnut Street Camp Hill, PA I 701 I, hereinafter "Premises." Defendant(s) resides at 32 Chestnut Street Camp Hill, PAl7011. 3. On 11119/2003 Defendant(s), Bobbie Jo Zeigler, made, executed and delivered a mortgage for the benefit of Ameriquest Mortgage Company as security for the payment by defendant( s) of certain sums due and owing by Defendant(s) under a promissory note executed by Defendant(s) on the same date in consideration for a loan made to Defendant(s) by Plaintiff. Said mortgage is recorded in the Office of the Recorder in and for Cumberland County, in Mortgage Book Vol. 1846, Page 2634, and is incorporated herein by reference by virtue of Pa. R.C.P. SI019(g). 4. Plaintiff is in the process of preparing a legal assignment. 5. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. 6. The premises subject to the aforesaid mortgage is described in Exhibit "A," which is attached hereto and incorporated herein by reference. The address of the mortgaged premises is 32 Chestnut Street, Camp Hill, P A 170 II. 7. The aforesaid mortgage is in default because the required monthly payments due under the terms of the aforesaid note and mortgage have not been made from 09/0112004 through the present date. By the terms of the said mortgage, upon breach and failure to cure said breach after notice, all sums secured by said mortgage shall be immediately due and owing. 8. The terms of the said mortgage further provide that in the event of default, Defendant shall be liable for Plaintiffs costs and attorney's fees. 9. The following amounts are due as of January 26,2005: Principal of Mortgage debt due and unpaid Accrued interest through January 26, 2005 Late Charges Corporate Advance Attorney's Fees $95,611.53 4,516.17 48.43 20.00 4,780.58 TOTAL $ 104.976.71 2 plus costs, interest at the rate of25.23 per diem for each day after January 26, 2005, until the entry of judgment, and interest from the date of judgment as provided by law. 10. Plaintiffhas demanded the total amount due from Defendant, but Defendant has failed to pay the same. 11. Notice of intention to Foreclose pursuant to 41 P .S. ~ 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983,35 P.S. ~ 1680A02c, et sea. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 11/2/2004. A true and correct copy of said notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. WHEREFORE, Plaintiff demands judgment in rem be entered in its favor and against Defendant(s) Bobbie Jo Zeigler, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $104,976.71 plus costs, interest per diem and interest from the date of judgment as provided by law, and for such other and further relief as the Court shall deem 1/ Dm, / f1(i, ( just and proper. By: AT:; 3 UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verifY much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the Date: '/ rh-left-\ penalties of 18 Pa.C.S.s4904 relating to unsworn falsificatio EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract offand situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the south side of Chestnut Street at the comer of Lot No. 16 in the hereinafter mentioned plan of lots; thence along the south side of Chestnut Street North 71 degrees 51 minutes East 75 feet to a point; thence along the line of Lot No. 18 in the hereinafter mentioned plan offots South 18 degrees 9 minutes East I 17.48 feet to a point; thence along the line of land now or formerly of Lower Allen Development Company South 71 degrees 9 minutes West 75 feet to a point; thence along the line of Lot No. 16 aforesaid North 18 degrees 9 minutes West 118.4 feet to a point, the place of BEGINNING. BEING Lot No. 17 in the Plan of Lots of Robert T. Stoner and Charlotte J. Stoner, his wife, made August 31, 1954, revised April 30, 1957, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 9, Page 5. HAVING THEREON ERECTED a dwelfing house known as 32 Chestnut Street. UNDER AND SUBJECT to conditions, easements, restrictions and covenants of prior record. P.O. Box 11000 Santa An.. CA 92711-1000 ~l~~~r 7182 b389 30bO 0499 2531 November 02, 2004 BOBBffi JO ZEIGLER 32 CHESTNUT ST CAMP HILL. PA 17011 us I liNt ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE STATEMENTS OF POLICY Loan Number: Property Address: Original Lender: Cunent Lender/SetVicer: 0062963921 32 CHES'l'NUTST, CAMP HILL PA.17011 Ameriques! Mortgage Company Ameriques! Mortgage Company TIDS FIllM 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 HA VI: 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an offici" noti" Illalllle mOrllla.. on your home i. in default. and IIIe lender intends 10 foreclose. Speelfie informalion ahoullhe nature of the defanlt Is provided in Ihe atlaehed Pale.. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM 1Hl!:MAP) may he ahle to helu 10 save yonr home. This Noti,eeJ:plains how the proaram works. To see if REMAP ean help. yon m.SI MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Nolieewith YOU when you meelwilh the COURsen_. Allen". The name. address and phone numher of Consumer Credit C""nseliDll A_des IIenillll y""r C"".tv are listed at the end of this N uti... If YOU have any uuestion.. yoa may ,all the Pellllsylunla Hounnll Finan.. A_n toll free all-800-342-2397./P'rson. wilh imuaired hearillll eo eall (711) 780,1869). Thia Notice eonlainslmportanlle.al informaliou. If you have any qaestio.., represelltati".. al the ConlUmer Credit Counsellnll Aaeney may he ahle 10 help explain it. Yo. may also wanl to eontaet an attorney In yoar area. Theloeal har associatioll may he ahle to hdp you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA lMPORTANCIA, PUJ:S ARCTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTAAGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ~1'01Ift/flcr',-1)I AIlRIBA. PU.EDES SER .EL.EGIBL.E PARA UN PRESTAMO POR.EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL pmDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE 1I0R I1INANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR. MORTGAGE PAYMENTS, AND . IF YOU MEET OTH.ER ELIGIBILITY Jl.EQIDREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Ac~ yon are entitled to a temporary stay offoreclosme on yonr mortgage for thirty (30) days from the date of this Notice. Doring that time yon mnstsrrange snd attcnda face-to-face meeting wilb one oflbe consnmer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIlE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL TOO EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CnDIT COUNSELING AGENCn:S -- !fyou meet wilb one oflbe consumer credit connseling aaencv listed at the end of this notice. Ibe lender may NOT lake action aaainst yon for thirtv (30) daYs aIler the date of this meeting. The names. sddresses and telenhone nombeR of designstcd consumer credit connseline aaencies for the COnJItv in which the DrODcrtv is located arc set forth at the end of this Notice. It is only necessary to schedule one face-t<>-face meeting. Advise yonr lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the rellSOns set forth later in this Notice (see following pages for specific information about the nature of your defauh.) If yOn have tried and are unable to resolve this problem with the lender, yon have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, yon must fill ont, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at Ibe end of this Notice. Only consumer credit connseling agencies have applications for Ibe program snd they will assist yOu in submitting a complete application to the Pennsylvania Honsing Finance Agency. Yom application MUST be filed or postmarked within thirty (30) days of your fsce-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTEIl, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance arc very limited. They wiD be disbursed by the Ageucy under the eligibility criteria established by Ibe Act. The Pennsylvania Honsing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you haye met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on yom application. ~"""CTWtcP!1.DI November 02, 2004 Loan Number: 0062963921 NOTE: iii' YOU ARE CUIUlENTL Y PROTECTED BY THE FILING Oil A PETITION IN BANKRUPTCY, THE 1I0LLOWING PART Oil THIS NOTICE IS II'OR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDEIlED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bonkruptcy you oan .tiD apply for Emerge.of MortplI" Asslstaau.) HOW TO CURE YOUR MORTGAGE DEIIAUL T /Brina iI Ull to date). NA TORE OF THE DEF AUL l' -The MORTGAGE debt by the above lender on yo... property locted at: at32 CHESTNUT ST, CAMP HILL, PA 17011 IS SERIOUSLY IN OEFAULTbecauae: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following moolhs lIIld the followillg amounts are now past due: 09/01/04lhru 11/01/04 at $807.23 per month Monthly Payments plus late charge or othet fees: $2528.55 Total Amount to Cure Default: $2528.55 B. YOU HAVE llAILED TO TAKE THE FOLLOWING ACTION (Do not use if Dot auulleahle): N/A HOW TO CUIlE THE DEFAULT --You may CUle the default within THIRTY (30) DAYS oflbe dale oflhis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2528.55 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made ...vable lIIld senl to: Ameriqnest Mortgage Company 505 City Parkway West, Suite 11100 Orllllge, CA 92868-2912 You can cure lIIlY other default by tiling the following action within THIRTY (30) DAYS of the dale of lhisletter: (Do 1101 use if 1l0t aoolicahle.) N/ A IF YOU DO NOT CURE THE DEFAULT--lfyou do not CUl'e thedefauh within THIRTY (30) DAYS of the dale of this Notice. tile lender intend. to eIercise it. riRht. to aceelerate tile mortane deht. This means that the entire outot.ndi1\g balance of this debt will be considered dne immediately and you may lose the chllllce to pay the mortgage in monthly installments. If full paymelll of the total amooot past due is oot made within THIRTY (30) DAYS, the lender also intends to iusUuct ilS attorneys 10 start legal action to f_l_ upon your mOrtla,ed uropertv. IJ1 THE MORTGAGE IS II'ORECLOSED UPON -- The mortgaged property will be sold by the Shcriffto payoff the mortgage debt. If the lender refers your case to its attorneys, but yoo CUl'e the delinquency before the lender begins legal proceedings sgains! yon, yoo will still be IeqniIed to pay Ihe reasonable attorney's fees that wete actually inCUIIed, np to $50.00. HoweveI, if legal pIoceedings SIe started agaiusl yoo, yon wiD have to pay all IeasonabIe attorney's fees actually incurred by the lendeI even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lendeI, which may also inclnde other re""onable costs. If you cure the default ..Ithin the THIIlTY (30) DAY ueri"d, you will Rot be required to pay attorney'. fee.. OTHER LENDER REMEDIES - The lender may also sue yon personally for tbe unpaid principal balance and aD other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERlFJI'S SALE -- Ifyoo have not OUIed tbedefanlt within tbe THIRTY (30) DAY period and foredoswe pIoceedings have begun. you still have the Iighllo eme the default and pIevent tbe sale 81 any time up to one hour befoIe the Sheriff's Sale. Yon may do SO by payinll the lolal amount then past due, plus lIIlY late 01 other chaIges theu dne, te8sonable attorney's fees and coslo cQDDected with the foteclolme sale lIIld anv otheI costs connected with the Sheriff's Sale as ~ed in Wlitioll by lhe lender and by ,,,...t:T8IM&P)'-02 nerforminF anv other reauirements under the mortgage. CHrlall y....r default Ia the manner let forth Ia tbll notiee win reltore your mortllalle to tbe lame pOliOOa ao if you had a""er defauhed. EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately (6) MONTHS from the date afthis Notice. A notice of the actual date of the Sherifi's Sale will be sent to y.... before the sale. Of course, the amount needed to cure the default will iDcrease the longer yon wait. Yon may fiad oat at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Amerique.t Mortsase Company PO Box 11000 Oranxe. CA 91711-1000 Phone Number 8011-438-5'6' Fu Number 714-347-5037 EFFECT OF SHERIFF'S SALE - You should realize thai a Sherift's Sale will eod yonr ownership of the mortgaged property and yonr right to occupy it. If you continue \0 live in the property after lbe Sheriffs Sale, a lawsuit to remove yon aod yonr furnishings and other belongings collld be started by tbe lender at any time. ASSUMPTION OF MORTGAGE -- You _ may or ~ may aot (CHECK ONE) seD or transfer your home \0 a buyer or transferee who will spume the mortgage debt. provided that aU the outstanding payments, cbarges and attorney's fees and costs are paid prior to or at the sale and that the other requitements of the mortgage are satisfied. YOU MAY ALSO HA VI: THE RIGHT: . TO SELL THE PROPERTY TO OBT AlN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIlER LENDING INSTlTIITION TO PAY OFF THIS DEBT. . TO HAVE THIS DEF AUL T CURED BY ANY TIURD PARTY ACTING ON YOUR BEHALF. .. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, .. TO ASSERT ANY OTHER DEFENSE YOU BELffiVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. .. TO SEEK PRO'lECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Very Troly Yours, Ameriquest Mortgage Company Co: Ameriqoes! Mortgage Company Attn: Collections Department Loan Number: 0062963921 Mailed by 10t Cia.. Mail and by Certified Mail U"lAl1lNCl'l,-QJ Homeowners' Emergency Assistance Program CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 "'orGoIT"'~P'Ij.-O' Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PAl 7325 (717) 334-1518 FAX (717) 334-8326 o ~ ~~~ --- \) ....... ~ \) -0 ~ l r-- z . "'> b +- J:- '- "'-",.' "".~ ~t.. 1",' cP q. ~-n r1"\t;;; -P',1 -.J, L\() ~;r,::,~;,.." '. (~i :::;:. -)," ".:._v C"., t..;? -~ - :..:.. 9 t:;~ :~:::.~) CJ'~ w - Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenklntown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886~8790 Fax,2Ij.886.8791 Attorne s for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 05"- S2S C;u;L'tw-v, v. Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA 17011 CIVIL ACTION DEFENDANTS. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Bobbie Jo Zeigler, Defendants for their 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 Plaintiffs damages as follows: As set forth in the Complaint Interest from 01126/2005 to 03/21/2005 TOTAL $ 104,976.71 $ 1,362.42 $ 106,339.13 I hereby certify that (1) 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. J), t/, ~) Cc {(, lf1f.AA.,l Richard M. Squire; Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: .2 / d. -116- r; ( I F:\Clients\Ameriquest\Zeigler\JudgmentlZiegler .wpdMG Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 115WestAvenue Jenkintown, Pa 19046 Telephone: 215~886-8790 Fax: 215-886~8791 Attorne s for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA 17011 NO 0 s- - f:'2~ c!';u;L ~S'LI CIVIL ACTION DEFENDANTS. VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, 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 defendants 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 Defendants Bobbie Jo Zeigler are over 18 years of age and reside at 32 Chestnut Street, Camp Hill, PAl 70 11. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i j . k~Lta( {.( Richard M. Squire, . squi e Attorney for Plaintiff F:\Clients\Ameriquest\Zeigler\Judgment\Ziegler. wpdMG Office of the PROTHONOTARY Cumberland County I Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date n.\' - .!:';).J; (}I~~~ WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, v. Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA 17011 DEFENDANTS. NOTICE TO: Bobbie Jo Zeigler 32 Chestnut Street Carnp Hill, PA 17011 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on fY/cy~J.....;l.J ;;) (~(jS-, ajudgment(decree)(order) was entered against you in this office in the I proceeding as indicated above. (jUJf.,;)~ .~ Prothonotary C Date Mailed: .J /d.~ /()~ { I F:\Clients\Ameriquest\Zeigler\Judgment\Ziegler. wpdMG Richard M. Squire, Esquire !.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-&86-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF, NO: OS- - S.2~ (}1~l-J~St2-r; CIVIL ACTION v. Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA 17011 MORTGAGE FORECLOSURE DEFENDANTS. TO: Bobbie Jo Zeigler 32 Chestnut Street Camp Hill PA 17011 DATE OF NOTICE: March 11. 2005 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 c1airns set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\CIientslAmeriquest\Zeigler\Pleadings\10 Day Notice. wpdlJC 1 ~\L ..lQ. 0 ,..., c <~~") ~ P ...cJ C c:? ~ ,J' -c\ c~~ ::r. .-l 1:- \l:- e) rr"~ j ", -po :r: rn:!l Z,:J 7" r- \) 7.:'''-- l'o> 'om (i1 :c'y f - -cJ ~r-~"'" u> 00 - :-1......; '" tr) ~c:, -0 )-- ~('\ 0 ~ ::r.: ,;,":0 ~ ~-;() t;;/'[1 .....t:.. )>' ,,' r:? ~ ~. z ....0 +:::. :1 &" ~'XJ lfJ' --....) c:> .-<< r- .{- r J: ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-00525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS ZEIGLER BOBBI JO VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ZEIGLER BOBBIE JO t e DEFENDANT , at 1658:00 HOURS, on the 15th day of February, 2005 at 32 CHESTNUT STREET CAMP HILL, PA 17011 by handing to WILL PRATHER, FRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge So Answers: 18.00 9.62 .00 10.00 .00 37.62 ~t;~":"""""./ ../?~~." r ~~''-.'-''>'--'''''''''''/ ~ , R. Thomas Kline me this Subscribed to before of 1fl~ 02/16/2005 RICHARD SQUIRE By: ~ Sworn and A.D. ...' .. Richard M. Squire, Esquire J.D. No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 05-525 Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, P A 17011 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. PRAECIPE FOR WRIT OF EXECUTION (Mortgage F orec1osure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due Interest From 03/21/2005 to 12/07/2005 @ $25.23 per diem * plus fees and costs $106,339.13 / $ 6,585.03 $112,924.16 Dated: September 1, 2005 / /i ~ F :\Clients\Ameriquest\Zeigler\Pleadings\writ. wpdHD - ... if> N if> I if> O. o 7. rJ </) ~~ Ci~~ ~~~ ~,.J~ ,.J~,g p.. 7.\ .... %oz'~ ~ ~ ~p..~~ 5 ~ ,.J .~ uto-< ~ ~',g ~p.. lQo~ to-<UO ~e~~ o~~ u ~.;j ~~~ to-< ~1 i ~o~ u '? ~ ~ ~~o ~ ~ r- Cbl:i- ..... r:f) ~....<C oap.. ~1n~ ~ ~..... ..... .a ';t. ~ u P- o N Co ~('<')a u 5 ...... 'i:-" G ~'O' x~ (.:L:l r./'J o 6~ 'i:-"O ~~ ~~ ~~ g 0 ~6 ~ u ~ p.. i ~ "'g $ ~ p .;j Q) ;.:: \J.< .~ @ "" ~ .~ i .! " .- C./" ~ f'\ cY -...} tcJ ~ r ~ 0 ~ 7fl - w ~ ~ r ~, --J- ~ ~ c;~ ,~ \.:...),.j \,......-\'f L ~ ~ ~ ~- , <> ~ <Q R, c ~. v -cJ P- ~ -.... - '\~ ~ ~ 0 c:> ~--\ e,J"' <f) .-\ "'_' .' ::C ..,-, J \1' f":; 1 -CJ \JJ, Cf> :,S,)~) r';'-:~ ~ v~;t~ r:-? ::;::~ v:> ":0 -.J :'< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-525 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE Plaintiff(s) From BOBBIE JO ZEIGLER, 32 CHESTNUT STREET, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 32 CHESTNUT ST., CAMP HILL PA 17011 (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 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 $106,339.13 L.L. $.50 Interest FROM 3/21/05 TO 1217/05 @ $25.23 PER DIEM = $6,585.03 Atty's Comm % Due Prothy $1.00 Atty Paid $119.62 Plaintiff Paid Other Costs Date: SEPTEMBER 6, 2005 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQ. Address: ONE JENINTOWN STATION, STE. 104 115 WEST AVENUE JENKINTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (215) 886-8791 Supreme Court ID No. 04267 - Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkmtown,Pa 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 05-525 Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, P A17011 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 32 Chestnut Street, Camp Hill, PA17011: 1. Name and last known address ofOwner(s) or Reputed Owner(s): Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA17011 2. Name and last known address ofDefendant(s) in the judgment: Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE OTHER 4. Name and address of last recorded holder of every mortgage of record: NONE OTHER F:\Clients\Ameriq uest\Zeigler\Pleadings\writ. wpd - 5. Name and address of every other person who has any record lien on the property: NONE OTHER 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: Commonwealth of P A Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, P A 17128-0946 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Domestic Relations 13 North Hanover Street Carlise, P A 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 32 Chestnut Street Camp Hill, PA 17011 F:\Clients\Ameriquest\Zeigler\Pleadings\writ. wpd VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsificati n to authoriti By: Date: September I, 2005 F: \Clien ts \Ameriq uest\Zeigler\Plead ings\ writ. wpd -- r::? C~ .-< C) r-.' ~) :/1 ('?, :"""0 o -n C'"\ Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA v. NO. 05-525 Bobbie J 0 Zeigler 32 Chestnut Street Camp Hill, PA 17011 CIVIL ACTION DEFENDANT. CERTIFICATION Richard M. Squire, 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: () An FHA Mortgage () Non-owner occupied () Vacant (X) Act 91 Procedures have been fulfilled t-:'> c:::> ~~:::;;;.." c;" 00 c:; C' -0 _:,,- -- \";'-: c..) ....J __ _u-- --- ----~~ ------ --- Richard M. Squire, Esquire 1.0. No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 05-525 Bobbie J 0 Zeigler 32 Chestnut Street Camp Hill, PA 17011 CNIL ACTION DEFENDANT. AFFIDAVIT OF LAST KNOWN ADDRESSES I, Richard M. Squire, being duly sworn according to law, hereby depose and say that I am counsel for plaintiff in the above matter and that the last known addresses for the parties herein Defendant: 32 Chestnut Street Camp Hill, PA 17011 ichard M. Squire, Esqui e Attorney for Plaintiff are as follows: r-~ = c:;::) \~J1 (n c::~ ~ .-\ -r:-r; n1r-=::; -~Jm -~)Y ;~3~); ~.~~ ~q ~;2t cr1 ~[~ ! c-. -0 ~ ~? (.0) -l --------- .--- Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 lIS West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attome s for Plaintiff WM Specialty Mortgage LLC, Without Recourse PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA 17011 NO. 05-525 CIVIL ACTION DEFENDANT. VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, 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 is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendant Bobbie Jo Zeigler is over 18 years of age and reside at 32 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. Richard M. Squire, Esquire Attorney for Plaintiff (I(jf F:\Cljen ts\Ameriquest\ZeiglerV udgment\Ziegler. wpdM G t"'> (:~~ ~~,' c:';') C:) CJ'1 (0 rrl -\J I C"'"I '-j -".,. N ~~) --..j o .1 -I n~ ::D r-- rr-: y ~ (-) rn .... Richard M. Squire, Esquire LD. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 05-525 Bobbie J 0 Zeigler 32 Chestnut Street Camp Hill, P A 17011 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. Date: September 1, 2005 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Bobbie Jo Zeigler PROPERTY: 32 Chestnut Street Camp Hill, P A 17011 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Tuesday December 7,2005 at 10:00am, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that Y01 may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wis to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 31 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Richard M. Squire, Esquire J.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 05-525 Bobbie 10 Zeigler 32 Chestnut Street Camp Hill, P A 17011 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bobbie 10 Zeigler 32 Chestnut Street Camp Hill, PA 17011 Your house (real estate) at 32 Chestnut Street, Camp Hill, PA 17011 is scheduled to be sold Sheriffs Sale on Tuesday December 7, 2005 at 10:00am, Cumberland County Courthouse, 1 Courthou Square, Carlisle, P A 17013 to enforce the court judgment of $106,339.13 plus interest to the sale d, obtained by WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Withe Recourse, the amount ofthe judgment plus costs or the back payments, late charges, costs a reasonable attorneys' fees due. To find out how much you must pay, you may call: Rich:: M. Squire, Esquire at (215) 886-8790. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open t judgment, ifthe judgment was improperly entered. You may also ask the Court to postpo the sale for good cause. 3. You may 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 yc will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHI 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 m: find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100 2. You may be able to petition the Court to set aside the sale if the bid price was gross 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 sa] To find out if this has happened you may call the Cumberland County Courthouse 717-240-6195. 4. Ifthe amount due from the buyer is not paid to the Sheriff, you will, remain the owner oft] property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff aJ the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule distribution of the money bid for your house will be filed by the Sheriff no later than 30 da after the Sheriffs Sale. This schedule will state who will be receiving the money. The mon will be paid out in accordance with this schedule unless exceptions (reasons why the propos' distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you :: immediately after th~ sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 and 800-990-9108 c' -' "'-, (~ c~::.;) (.:.r1 en r";-~ -0 ! l"'.) o Tl --/ fll [~ (~'j c'~J :::t1 C) ;..:;')rn :;:'1 "'h -< -~ V' (A) co COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which WM Specialtv Mtg LLC is the grantee the same having been sold to said grantee on the 7th day of December A.D., 2005, under and by virtue of a writ Execution issued on the 6th day of September, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 525, at the suit ofWM Specialtv Mtg LLc against Bobbie Jo Zeigler is duly recorded in Deed Book No. 272, Page 4117. IN TESTIMONY WHEREOF, I have hereunto set my hand .-d- and eal of said office this /? day of WM Specialty Mortgage, LLC Without recourse VS Bobbie Jo Zeigler The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-525 Civil Term Cpl. Trevor Kent, Deputy Sheriff, who being duly sworn according to law, states that on October 04, 2005 at 9:07 PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Bobbie Jo Zeigler, by making known unto Bobbie Jo Zeigler, personally, at 32 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2005 at 7:10 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 Bobbie Jo Zeigler located at 32 Chestnut Street, 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 defendant, to wit: Bobbie Jo Zeigler, by regular mail to her last known address of32 Chestnut Street, Camp Hill, P A 170 II. This letter was mailed under the date of October 06, 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 December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Richard Squire for WM Specialty Mortgage LLC, witho'ut recourse. It being the highest bid and best price received for the same, WM Specialty Mortgage LLC of c/o Ameriquest Mortgage Company 505 City Parkway West, Suite 100, Orange, CA 92865, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$887.98. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 17.41 15.00 15.00 30.00 10.00 .50 1.00 Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 24.96 2.33 15.00 20.00 .74 323.00 297.65 20.89 25.00 39.50 $ 887.98 Sworn and subscribed to before me This .N lZuay of q..,. '7 2006, A.D. Prothonotary So_ Ans~ ~ ~<:/~ , R. Thomas Kline, Sheriff ~~ ~v^--- vi> 3D ~ (.5 tk, )' UY:L I?u.. /I13:<5J.- Richard M. Squire, Esquire J.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 05-525 Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, P AI70ll CNIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 WM Specialty Mortgage LLC, Without Recourse, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 32 Chestnut Street, Camp Hill, P A17011: I. Name and last known address of Owner(s) or Reputed Owner(s): Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA17011 2. Name and last known address ofDefendant(s) in the judgment: Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PAI70ll 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE OTHER 4. Name and address oflast recorded holder of every mortgage ofrecord: NONE OTHER F ;\Clients\Ametiquest\Zeiglcr\Pleadings\writ.wpd 5. Name and address of every other person who has any record lien on the property: NONE OTHER 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: Commonwealth of P A Department of Revenue Bureau of Compliance Dep\. 280946 Harrisburg, P A 17128,0946 Department of Public Welfare Altn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Domestic Relations 13 North Hanover Street Carlise, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 32 Chestnut Street Camp Hill, P A 17011 F:\Clients\Ameriquest\Zeigler\Pleadings\writ.wpd VERIFICATION 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 By: lC ard M. quire, Esqui 115 West Avenue, Suite Jenkintown, PA 19046 Allomeys for Plaintiff Date: September I, 2005 F:\Clients\Ameriquest\Zeigler\Pleadings\writ. wpd ," .' LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract ofland situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wi\: BEGINNING at a point on the south side of Chestnut Street at the comer of Lot No. 16 in the hereinafter mentioned plan oflots; thence along the south side of Chestnut Street North 71 degrees 51 minutes East 75 feet to a point; thence along the line of Lot No. 18 in the hereinafter mentioned plan of lots South 18 degrees 9 minutes East 117.48 feet to a point; thence along the line of land now or formerly of Lower Allen Development Company South 71 degrees 9 minutes West 75 feet to a point; thence along the line of Lot No. 16 aforesaid North 18 degrees 9 minutes West 118.4 feet to a point, the place of BEGINNING. BEING Lot No. 17 in the Plan of Lots of Robert T. Stoner and Charlotte J. Stoner, his wife, made August 31, 1954, revised April 30, 1957, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 9, Page 5. HAVING THEREON ERECTED a dwelling house known as 32 Chestnut Street. UNDER AND SUBJECT to conditions, easements, restrictions and covenants of prior record. Parcel No. 13-23-0555-061 Property known as 32 Chestnut Street, Camp Hill, P A 17011 , Richard M. Squire, Esquire J.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, v. NO. 05-525 Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, P A 17011 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANT. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bobbie Jo Zeigler 32 Chestnut Street Camp Hill, PA 17011 Your house (real estate) at 32 Chestnut Street, Camp Hill, P A 17011 is scheduled to be sold at Sheriffs Sale on Tuesday December 7, 2005 at !0:00am, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $106,339.13 plus interest to the sale date obtained by WM Specialty Mortgage LLC, Without Recourse against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to WM Specialty Mortgage LLC, Without Recourse, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable allomeys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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 be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. lfthe Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff's Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriff's Sale. This schedule will state who will be receiving the 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 Sheriffwithin ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 and 800-990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract ofland situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the south side of Chestnut Street at the corner of Lot No. 16 in the hereinafter mentioned plan oflots; thence along the south side of Chestnut Street North 71 degrees 51 minutes East 75 feet to a point; thence along the line of Lot No. 18 in the hereinafter mentioned plan oflots South 18 degrees 9 minutes East 117.48 feet to a point; thence along the line ofland now or formerly of Lower Allen Development Company South 71 degrees 9 minutes West 75 feet to a point; thence along the line of Lot No. 16 aforesaid North 18 degrees 9 minutes West 118.4 feet to a point, the place of BEGINNING. BEING Lot No. 17 in the Plan of Lots of Robert T. Stoner and Charlolle 1. Stoner, his wife, made August 31, 1954, revised April 30, 1957, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 9, Page 5. HAVING THEREON ERECTED a dwelling house known as 32 Chestnut Street. UNDER AND SUBJECT to conditions, easements, restrictions and covenants of prior record. Parcel No. 13-23-0555-061 Property known as 32 Chestnut Street, Camp Hill, P A 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-525 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE LLC, WITHOUT RECOURSE Plaintiff(s) From BOBBlE JO ZEIGLER, 32 CHESTNUT STREET, CAMP HILL P A 17011. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL EST A TE LOCATED AT 32 CHESTNUT ST., CAMP HILL PA 17011 (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) 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 $106,339.13 L.L. $.50 Interest FROM 3/21/05 TO 12/7/05 @ $25.23 PER DIEM ~ $6,585.03 Atty's Comm % Due Prothy $1.00 Atty Paid $119.62 Plaiutiff Paid Other Costs Date: SEPTEMBER 6, 2005 f!.~ Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQ. Address: ONE JENINTOWN STATION, STE.I04 115 WEST AVENUE JENKINTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (2f5) 886-8791 Supreme Court ID No. 04267 Real Estate Sale #59 On September 12,2005 the Sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 32 Chestnut Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 12,2005 B j~' (li y:v <-~ Real Est e Sergeant 1 _D L') ~ c:;;;\ ~, c::::~ @;'~) ~ .. 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 bus mess at 812to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, O\vner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively. and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severaily 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 \1iscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S worn to and s . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL ESTAtE SALE No. 58 _ No. _& 52! ClvllTerm WU SpecIIdIy 110. ~ 9t:, LLC --- v. _ Jo ZeIgler Ally: _ Squint DESCIIIPnoN All mAT CF..RT.AIN'1otor tract ofIandsituate in the T~ of...tower Allen. County of Cumberland aad State of Pennsylvania, more particularly bounded and described as lollows, ., wit: BEGINNING at a point on the.south side of Cbestnut Snet at tbe comer of Lot No. 16 in the bcrein-afterlllOllliooedplaoollob;lheocealong thesoulhsideolCbestootStreetNorth71degn:es 51 minuteS East 15 feel. to a point; thence along the line oll.ol No. IS m theh<rdnaftermeotiooed plaoollols~lh 18 desrees 9_East 117 AS feet 10 a poiol; lheocealongthelineolland now or funnerly of Lower Allen Development Compaoy Sooth 71 degn:es 9....... Weal 75feet to apoiol; thettcealottgthe line oll.ol No. 16 _ Nollh 18 degn:es9 _ Weal f1S.4 feet., a point.the pIal:eolBF.GINNING. BEING 1.01 No. 17 m the PIao oll.ola olRobert T.S_ and CharloIIIo I. S_. his wile. made Aoguat 31. 1954. ..viIed April 30. 1957, and n:<:<JIl!edmtheOlliceolthe_ollleedom and lor Ctonbedaod Cowtty in PIao Book 9. Pose 5. . HAVING 11IFR,FDN erected a dwelling house koown as 32 c-.. Street. UNDER AND SUBJECT to CODditioos. easements, restrictions and covenants ofpriorrecord. Paltel#l3.~55-()61. Property koown as 32 Cheatnot Street. Camp Hill.PAI7011. . . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal. of the County and State aforesaid, being duly sworn. according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices. and has. since January 2. 1952, been regularly issued weekly in the said County, and that the printed notice or publication allached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 14,21,28,2005 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 mailer of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. tor '-- SWORN TO AND SUBSCR BED before me this 28 day of October. 2005 ~;~!&r;'_~~!::V ~,1 !\iOTf\FL-'\t. SE,:.L ;; v .. .'_ , ' , " ~ [ i._C<~, E. ;~:'t(~)H-;, N(,j:it\' l)'i i ',:::'ar;i:;I;:; L~;:::'t" '"><',:,-::)eri"n'j ~\;:.!"'" ''':,i''';;iYl;':'r; ~ : ';; \,'; REAL ESTATE SALE NO. 59 Writ No. 2005-525 Civil WM Specialty Mortgage, LLC without recourse v.. Bobbie Jo Zeigler Atty.: Richard Squire LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Lower Allen. County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a point on the south side of Chestnut Street at the comer of Lot No, 16 in the herein- after mentioned plan of lots; thence along the south side of Chestnut Street North 71 degrees 51 minutes East 75 feet to a point; thence along the line of Lot No. ] 8 in the herein- after mentioned plan of lots South 18 degrees 9 minutes East 117.48 feet to a point; thence along the line of land now of formerly of Lower Allen Development Company South 71 degrees 9 minutes West 75 feet to a point; thence along the liIle of Lot No. 16 aforesaid North 18 de- grees 9 minutes West 118.4 feet to a point, the place of BEGINNING. BEING Lot No. 17 in the Plan of Lots of Robert T. Stoner and Char- 10tte J. Stoner, his wife. made Au- gust 31, 1954, revised AprH 30, 1957. and recorded in the Oftke of the Recorder of Deeds in and for Cumberland County in Plan Book 9, Page 5. HAVING THEREON ERECTED a dwelling house known as 32 Chest- nut Street. UNDER AND SUBJECT to conditions, easements, restric- tions and covenants of prior record. Parcel No. 13-23~0555-061. Property known as 32 Chestnut Street, Camp Hill. PA 17011.