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HomeMy WebLinkAbout05-0882 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPI-IlA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORl'. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. OS -?J>A. CIU;(T~ v. CUMBERLAND COUNTY RONALD WELLER 80A GREENWOOD CIRCLE LEMOYNE,PA 17043 Defendant 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGlBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Slreet Carlisle. PA ]7013 (800)990-9108 Fileil: 98347 Fileit-: 91(347 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE 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 MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is WASHINGTON MUTUAL BANK, FA, SIBIM TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE. WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: RONALD WELLER 80A GREENWOOD CIRCLE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/22/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1401, Page: 322. By Assignment of Mortgage recorded 6/1 0/99 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 615, Page 763. Said Mortgage was re-recorded on 6/10/99 in Mortgage Book No. 615, Page 765. 4. The premises subject to said mOl1gage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/0 I /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 #: 98347 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 021\5/2005 (Per Diem $153.45) Attorney's Fees Cumulative Late Charges 08/221\997 to 021\5/2005 Cost of Suit and Title Search Subtotal $759,456.77 58,464.45 1,250.00 828.81 $ 550.00 $ 820,550.03 Escrow Credit Deficit Subtotal 0.00 67,714.39 $ 67,714.39 TOTAL $ 888,264.42 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 ofl974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50.000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 888,264.42, together with interest from 021\5/2005 at the rate of $1 53.45 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. PHELAN HALLINAN & SCHMIEG, LLP.q /_ /' / . . - 5. ~------...-- By: C:::: LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff File Ii: 98347 ,.,,-. ALL THAT CERTAIN piece or parcel of land situate within the Plan of Pennsboro Manor, Revised, which Plan has been duly recorded in the Office for the Recorder of Deeds in and for the COUl\ty of cumberland, State of Pennsylvania, in Plan Book 3, page 6, located and situated in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: . BEGINNING at a stake on the Eastern line of Greenwood Circle at the Northern line of other lands of the Grantees herein; thence along the Eastern line of Greenwood Circle in a generally Northwardly direction by.a curve to the left having a radius of One Hundred (100) feet, an arc distance of. One Hundred Three and Forty-six One Hundredths (103.46) feet to a stake at the Southern line of lands' now or late of Dr. Francis Hall; thence along said Southern line of said last mentioned property in a generally Eastwardly direction North Forty-four (44) degrees No (00) minutes East Two Hundred Fifty-three and Ninety-three One Hundredths (253.93) feet to a stake on the Western right of way line of the Penna. Railroad Company; thence along said right of way line of Penna. Railroad Company in a generally Southeastwardly direction South Forty-six (46J degrees No (00) minutes East Three Hundred Seventy-one and Eighty-three One Hundredths (371.63) feet to a point on the Northern right of way line of Penna. State L.R. No. 708; thence along said last mentioned highwar ri~ht of way in a generally Southwestwardly direction the fa low1ng Two courses and distances: 1) South Forty-three (43) degrees Fifty (50) minutes Thirty (30) seconds West One Hundred Twenty-two and Eighty-three One Hundredths (122.63J feet; 2) by a curve to the left having a radius of Five Thousand Seven Hundred Twenty-nine and Sixty-one Hundredths (5,729.60) ~eet an arc distance of One Hundred Eleven and Forty-three One Hundredths (111.43) feet to a stake at line of other land~ of the Grantees herein; thence along said other lands of the Grantees herein the folloowing Two courses and distances: 1) in a generally Northwestwardly direction North Forty (40) degrees Five (05) minutes West Two Hundred Fifty and Seventy-eight One Hundredths (250.781 feet to a stake; 2) in a generally Westwardly direction South Sixty~seven (67) degrees Six (06) minutes West One Hundred Thirteen and Forty-nine One Hundredths ;(113.49) feet to a stake on the Eastern line of Greenwood Circle, the Place of BEGINNING. CONTAINING Two and Twenty-three One Thousandths (2.023) acres. BEING the same premises which Sandra S. Osler by Deed dated January 28, 1997 and recorded in CUmberland County, in Deed Book 153 page 44l conveyed unto Ron A. Weller. PREKISES. BEING:lJQA GREENWOOD. CIRCLJO; 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 infonnation supplied by Plaintiff and are true and correct to the best of its knowledge, infonnation 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. ~~/~{:~< Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ~# ~ "'Q. ;V ~ 8 \t- ~ (f1 1"'<" r.:' - C:-l .0 '" (). ,...J ',! ~ ,~./ .~ ::1 0 =cJ --rt D 1-':'''' .- ~ f' ?- c:.;) :'111'. ...a ~ - (Si 12 .-I:- <'f) (,,) SHERIFF'S RETURN - REGULAR CASE NO: 2005-00882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUJ\L BANK FA VS WELLER RONALD DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,~ennsylvania, who being duly sworn according to law, says, the wi thin C'OI'1PLAINT - MORT FORE WELLER RONALD DEFENDANT was served upon ac 1900:00 HOURS, on the 22nd day of February at 80A GREENWOOD CIRCLE LEMOYNE, PA 17043 RONALD WELLER by handing to a true and attested copy of COMPLAINT - MORT FORE together w th th 2005 and at the same time directing His attention to the contents ther of. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.10 .00 10.00 .00 39.10 Sworn and Subscribed to before me this 7 , day of ~ ~ (?.o ....---- A . D . t.J.'-/;~~- So Answers: ..",...,.--;. .",'</ . y~ ,.",... '.,.-;.;(;,~="",,.,,:..::: r:~ ",,-I"'" ''';.':;..,~~')' , ,,' ~' i R. Thomas Kline 02/23/2005 PHELAN HALLINAN SCHMIEG ..... 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, FA, SIB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-882 CIVIL TERM v. RONALD WELLER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RONALD WELLER and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 2/16/05 to 4/21/05 TOTAL $888,264.42 $9,974.25 $898,238.67 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ....---- DAMAGES ARE HEREBY ASSESSED AS INDICATED. /" / ,./ DATE: .6 /~/QJ / ' c~~ /( PRO PROTHY ob;~ ~ ~ ~ 11'--''-''''''. IlrLLL-U'.n." rLl'U ....vlU~lU_,..... ATTORNEY FOR PLAINTIFF By: Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg. Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (7.I,) ,1i1-7000 WASHINGTON MUTUAL BANK. FA. S/BIM TO WASHINGTON MUTUAL HOME LOANS, INC., FIKlA PNC MORTGAGE CORP. OF AMERICA Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. : NO. 05-882 RONALD WELLER Defendants TO: RONALD WELLER 80A GREENWOOD CmCLE LEMOYNE, PA 17043 DATE OF NOTICE: MARrH 1~, 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FA[LED TO ENTER A WRITTEN APPEARANCE PERSON ALL Y OR BY ATTORNEY AND FILE IN WRITING W[TH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLA[MS SET FORTH AGA[NST YOU. UNLESS YOU ACT W[TH[N TEN DAYS FROM THE DATE OF TH[S NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE TH[S PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFF[CE SET FORTH BELOW. TH[S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~i tl'~ CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 FRANCIS S. HALLINAN, ESQU[RE Attorneys for Plaintiff ~ -". f ~ ~ {\ I\\t ,,~~ ~ ~. \ \ c." N (" tv ",\ V " "J.\ -(, ....-1, "'.-(-.. .;;:,.t~ "'- -.-j -z C') .,c ~~ o "" r- g 0 e.n .. ~~:D (. ~-,,,r,:; N 1S{'? -":"-\ J ~..,. \ ~r.-~. ~,'" ~ (-5 2] .......~;;...C) co (5 in .. -~ (.11 ?n -.J -< 't ~ CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.c'P.3180-3183 WASHINGTON MUTUAL BANK, FA, SIB/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, No. 05-882 CIVIL TERM v. RONALD WELLER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $898,238.67 Interest from 4/21/05 to SEPTEMBER 7, 2005 (per diem -$147.66) $20,524.74 and Costs TOTAL $918.763.41 <:-------- --lc"v'~ \ C . GU)Y'fJi} IEL G. SCHMI , ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite'1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. '" "" <:> .... ,.., < ~ , ~ Z ~ ~ ~ .... ...$ ~ Z ~ o~ 0 ~~~ .... ~ ~~ "'" <Il~< ;;J .... -d ~,.. ..r:o" u u <\) ....00 ...::C"'" ~~ ~ ~ ~Z ~~~< ~ 0 Zz >'l ;::s '" ~;;J~U '" 0 ~ O>'l ...,2 ~ ~~ ~""'U; o t) ~ ~ ' ;;JZ~ ~ ... Z o~ ~ "'" ... ~ e ~~~< ,;, ;~ '" UZ ;;JZ<... ,. ~ ~~ t "'s ""'o~o ~~ go Ou ;;J"",- < p. ~"... . Z ot: ~ ~~ ~$~~ ~ ... <:> ~ s~ >'l'g ~ ""'oo....U ~ <Ii .... U; "<00 U '" <\) ~>'l ~~~ ~ -i:i /e ~ <\) ~ - ! ""'~ =00 .- ; ~ I"" ~""'... ! ~;;J i U ~ i I . DESCRIPTION ALL THAT CERTAIN piece or parcel of land situale within Ihe PI.n of Pennsboro Manor, Revi>ed. which Plan has been duly recorded in the Office for llIe Recording of Deeds in and for tile COllnty of Cumberland, Pennsylvania, in Plan Book 5 al Page 6, located and situated in the Borough of Wormleysburg, Cumberland County. Pennsylvania, more panicularly hounded and described as follows: BEGINNING at a Slake on the eastern line of Greenwood Circle al Ihe n",thcrn line of odiCI' lantls of tlte Grantees herein; tllenee along !he eastern line of Greenwood Circle in a generally northwardly direction by curve to the left having a radius of one hundred (100) feet. a curved distance of ODC hundred three and forty-six one lIundredths (103.46) feet to a Slake althe southern line of lands now or late of Dr. Francis Hall; thence along said southern line of said last mentioned property in a generally eastwardly direction north forty-four (44) degrees no (00) minutes casl two hundred fifty-three and ninety-three one hundredths (253.93) feet 10 a Slake on the western right-of-way line of tile Pennsylvania Railroad Company: thence along said right-of-way line or Pennsylvania Railroad Company in a generally southeastwardly direction south forty-six (46) degrees no (00) minutes east three hundred seventy-one and eighty-three one hundredths (371.83) feet to a point on !be nor!bem righl-of-way line of Pennsylvania Stale Legislative Route No. 708: thence along said last mentioned highway right-of-way in a generally southweslwardly direction the following two courses and distances: (l) Soulh forty-L1lree (43) degrees fifty (50) minutes thiny (30) seconds west one hundred twenty-two and eighly-three one hundredths (122.83) fet't. (2) By a curve 10 lhe 'eft having a radius of live L1mu",nd ;;even hundred twellty-nine and sixty one hundredths (5,729.60) feel, a curve distance of one hundred eleveo and forty-three one hundredths (It 1.431 feellU a stake at line of other lands of the Grantees herein. THENCE along said other lands of tbe grantees herein the following two courses alIll dist:ances: (I) In a generally northwestWardly direc1ion BOrth forty (40) degreL'S five (05) minutes west IWO hundred fifty and seventy.eight one hundredths (250.78) feet 10 a stake. (2) In a generally westwardly direction south sixty-seven (67) degrees six (06) minules west one buodred thirteen and forty-nine one hundredths (113.49) feet to a stalce on the eastern line of Greenwood Circle, the place of beginning. CONTAINING two and lWenl)'-lhree une tltousandths (2.023) aCres. SAVING and accepting tberefrom however, a right-of-way in easement for ingress. regress and eggress on tlte existiltg macadam driveway at the time alld date of IWS Deed from Greenwood Circle to lbe improved home located at 80 Greenwood Circlc, a small porOOn of whiclt mayor does exisl on tlte property being herein conveyed. Tax Parcel #47-20-1858-010. TITLE TO SAID PREMISES IS VESTED IN Ron A. Weller by Deed from Sondra S. Osler dared 1/281 I 997 and recorded 2/1811997. in Deed Book 153 Page 441. Premises: 80 A Greenwood Circle, Lemoyne, PA 17043 ~ ~ ~ ~ (' ~ "- , '} \\ ~ ~ ~ :,~'J~ ~'~~ (j ,. . ('... < \ v. '- '0 '-' c::,' a' ~ ~ \ ~(\ ~'* '" ~ ~ )., ..... ~ \j ~ 1 ~ >-.i:zr CA \ \ o ~ 0 ~~ ~ 1'1 ~~~~ ~;Q9 ~::::ICj :,c:r1 ~ P" \4 ,'j _L! :::r.:: ( ':';,.(-) "jj,i ,~ --I 'D- en ~ co l' 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 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIBIM TO W ASIDNGTON MUTUAL HOME LOANS, INC., F/K1A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-882 CIVIL TERM v. RONALD WELLER 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 ofthe 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 RONALD WELLER is over 18 years of age and resides at, 80 A GREENWOOD CIRCLE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I' r\ () ,J02\o Qjl "-:: DANIEL G. SCHMIE Attorney for Plaintiff ~X(r o F- ...., = =, CJ' ". -0 ::0 (~ N ~ =? fIi :D :ghi ,-)9 ::0 ::0, }~-d ,-_J --~ ~;.o om ~-:4 :'0 .< :1-.--;::"0- ~tt 9? U1- -.J (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW W ASIDNGTON MUTUAL BANK, FA, S/BIM TO W ASIDNGTON MUTUAL HOME LOANS, INC., FIK/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-882 CIVIL TERM v. RONALD WELLER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ,-5 /y 200...l~ I If you have any questions concerning this matter, pleas ~----- ~~c\2Y. ~ }Lh\u.ey r DANIEL G. SCHMIEG. ESQUIRE \\ Attorney for Plaintiff ' ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHNF. 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." ,..., = c:;';) ~~~ -<:. ~ <J~' :r'..,... rnr-: -.nIT, .. :89 . c),C) \ C.-r, f.J :C_.:, ;;:0 ;:':"-,m '.~ co ,~ .. ~:o en :< -' t J' ~ WASHINGTON MUTUAL BANK, FA, SIBIM TO WASHINGTON MUTUAL HOME LOANS, INC., . F/KJA PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY . COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. RONALD WELLER NO. 05-882 CIVIL TERM Defendant(s). AFFlDA VIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. FA, SIB/M TO WASHINGTON MUTUAL HOME LOANS, INC.. F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .80 A GREENWOOD CIRCLE. LEMOYNE, FA 17043. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD WELLER 80 A GREENWOOD CIRCLE LEMOYNE, PA 17043 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) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17043 .;",,-, '-CJ',) ,~). '. " ~ ~ ~ ~ ~~1'-". r:~~ ~l) ~:,~~ . s: {~01 C? '\., :-<. u' (P o G, ~~;7 \ (}l -'-~ i;_ ~~;. \. .~l-'-' {..:o-.;; -<--: .~-. -:. 1- ..," .~ 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) HARRIS SAVINGS BANK 234 N. SECOND STREET HARRISBURG, PA 17110 BUSINESS LOAN CENTER, INC. 645 MADISON AVENUE ISTH FLOOR NEW YORK, NY 10022 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 80 A GREENWOOD CIRCLE LEMOYNE, PA 17043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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. April 21. 2005 DATE ~----l" 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, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-882 CIVIL TERM RONALD WELLER Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled (") ~:; ~.1- = 0 ~ 11 ~. ~~ ~. -D,? 1\ ~:)o "",ri:::fj == 80 'E i.5 ITI (fl ~~ co -,: ;,;;.: --I -< This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~._'----.. f . WASHINGTON MUTUAL BANK, FA, SIB/M TO WASHINGTON MUTUAL HOME LOANS, INe., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, CUMBERLAND COUNTY No. 05-882 CIVIL TERM v. RONALD WELLER Defendant(s). April 21, 2005 TO: RONALD WELLER 80 A GREENWOOD CIRCLE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORJo.,fA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 80 A GREENWOOD CIRCLE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $898,238.67 obtained by WASHINGTON MUTUAL BANK. FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA (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: I. 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, ifthe 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. I. Ifthe Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly 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 ifthis 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 ofthe 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 DESCRIPTION AU THAT CERT ATN pi~ or parcel of land situate within the Plan of Pennsborn MaOOf, Revised, which Plan bas been duly recorded in tbe Office for the Recording of De<:ds in aod for tile County of Cumberland, Pennsylvania. in Plan Book 5 at Page 6, located and situated in the Borough of Wormleysburg, Cumberland County, Pennsylvania. more particularly bounded and described as follows: BEGINNING at a sute On tlte eastern line of Greenwood Circle at the northern line of other lands of the Grantees llcrein; thence along 1be eastern line of Greenwood Circle in a generally oorthwardly direction by cnf\'e to the left baving a radius of one huodred (IDO) foot, a curved distance of one hundred three and fony-six one hundredths (103.46) feet to a stake at the southern line of I.ods now or late of Dr. Francis Hall; thence alonS said southern line of said last mentioned property in a generally eastwardly direction nortll forty-four (44} degrees no (00) minutl;S caS! tWo Modred fifty-three and ninety-three one hundredths (253.93} feet to a stal<e on \he western right-of-way line of tlte Pelll1Sylvania Railroad Company; thence along said right-of-way line or Pennsylvania Railroad Company in a generally southeastwardly direction ""ulb rony-six (46) degrees no (00) minutes east three hundred sevenlY-<>oc and eighlY-lhree one hundredths (311.S3) reet to a poinl on the nortllem righHlf-way line of Pennsylvania Stale legislative Route No. 708; thence along said last mentioned highway right-of-way in a generally southwestwardly direction tbe following two courses and di<fJlnces: (1) Soutb forty-three (43) degrees fifty (50} minutes thirty (30) seconds west one hundred twenty-two and eighty-(bree one buodredths (122.83) feet. (2) fly a curve to Ibe left having a radius of five thousand seven hundred twenty-nine and sixty one hundredths (5,729.60} feel, a curve distance of ont huodrcd eleven and forty-three one hundredths (II 1.43) feet 10 a stake at line of other laods of the Grantees hereln. THENCE along said OIher lands of tbe grantees herein the followillg two courses and distances: (I) In a generally northwestwardly direction north forty (40) degrees five (OS) minuteS west two hundred fifty and seventy-eight one hundredths (250.78) reel to a slake. (2) In a generlllly westwardly direction south sixly-seven (67) degrees six (06) minutes west one bundred thirteen and forty-nille one hundredths (l 13.49) feet to a stue on the ell$lern Iille of Greenwood Circle, the place of beginning. CONTAlNlNO two and twenty-three one 1b0000000lbs (Z.023) acres. SAVING and accepting therefrom however, a right-of-way in easement for ingress, regress and eggress OIl me existing macadam driveway al the time and dale of tbis Deed from Greenwood Circle to the improved home located at 80 Greenwood Circle, a small portion of wbiell may or does exist OIl the property being herein conveyed. Tax Parcel #47-20-1S58-01O. Tl'T1.E TO SAID PREMISES IS VESTED IN Rou A. Weller by Deed from Sondra S. Osler dated 112811997 and recorded 2/18/1997, In Deed Book 153 Page 441. Premises: 80 A Greenwood Circle, Lemoyne, P A 17043 n (> ~ Q, i?, ~ <;J~:S h'>~ '"::b ~~~) z? (~';,q. ~ :,\?~~ :c": /.....-f~\ g.:-~.~ ::;... ~::c,' C<: )~,. (" :'1 OJ .' (.1"' c:P 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-882 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK FA F/KJA PNC MORTGAGE CORP. OF AMERICA Plaintiff (s) From RONALD WELLER, 80 A GREENWOOD CIRCLE, LEMOYNE, P A 17043 (I) 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) 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 $898,238.67 L.L. $ .50 Interest FROM 4/2I/05 TO SEPTEMBER 7, 2005 (PER DIEM - $147.66) $20,524.74 AND COSTS Atty's Conun % Atty Paid $121.10 Plaintiff Paid Date: 5/3/05 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) '"""]: . ~ J.-, ~ ~.. A f D uty REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF W ASIDNGTON MUTUAL BANK, FA, SIBIM TO W ASillNGTON MUTUAL HOME LOANS, INC., F/KJA PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY SMC No. 05-882 CIVIL TERM ACCT. #5100097871 DEFENDANT(S) RONALD WELLER Type of Action - Notice of Sheriff's Sale SERVE RONALD WELLER AT 80 A GREENWOOD CIRCLE LEMOYNE, PA 17043 Sale Date: SEPTEMBER 7, 2005 SERVED Served ~nd made known to ~1J~lJ. W~\\c:.v:-.. . Defendant. on the at~,o'clockfm.,at f35 A GV'<Oe.o..Jv.>oo~ O""'L\~ J of Penns~lvania, in the manner described below: ;J.,v.l day of 1-<;:. V-AOf tJ ~ fJAdt ,200~ , Cormnonwealth i- IDefendant personally served. ,Adult family member with whom Defendant(s) reside(s). Name aud Relationship is ~dult in charge ofDefendant(s)'s residence who refused to give name or relationship. l\1anager/Clerk of place oflodging in which Defendant(s) reside(s). i<\gent or person in charge of Defendant( s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: I '" Height !:> /! Weight 186 Race u)L, Sex11- Other skj(..~ '2)"Y"-{lt->'j \II. 0.' IL Descriptipn: Age ~ I,C~,,<,,(,- L, ("'11- a true anq correct copy of the the address indicated above. ., a competent adult, being duly sworn according to law. depose and state that I personally handed otice of Sheriffs Sale i s t forth herein issued in the captioned case on the date and at NOTARlALSfAL lUCI.I.E H. CARTY, NMY NJIIc Sworn to and subscribed T~. FtInIIIn CoII1ly ",fuK~ """" ......."" ,... of 0 , 200..0- _ J) ') Notary:, ~~. By: ~;J\ a. PLEl'\SE ATTEM;T SERVI~E AT LEAST 3 TIMES. INDICATE D & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at _ Mq,ved Unknown No Answer 1 st Atteq.pt: I I Time: 3rd Att~mpt: I I Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: I I Time: Sworn to ,*,-d subscribed before me Ihis _ day of . 200 _' Notary: By: Attorne r Plaintiff Daniel G. chmieg, Esquire - I.D. No. 62205 ,.., '-;;:?; :~:-... ,'-.-) '::-'1'1 -~ ;,-'\ C) \.;:J -- --- Washington Mutual Bank, FA et al VS Ronald Weller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-882 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Levy Mileage Certified Mail Surcharge Law Journal Patriot News Share of Bills Prothonotary 30.00 18.28 15.00 15.00 15.00 24.00 6.21 20.00 449.00 317.36 20.88 1.50 $932.23 Sworn and subscribed to before me so/~'i_ ...;; . ~~ R. Thomas Kline, Sheriff BY 00du Jrvu1h Real ~te Sergeant 2005, A.D. Prothonotary J.~4::> Lr__ )-0 9J& GL/I.m.y W ASIDNGTON MUTUAL BANK, FA, SfB/M TO W ASIDNGTON MUTUAL HOME LOANS, INC., FfKJA PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION RONALD WELLER NO. 05-882 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,80 A GREENWOOD CIRCLE, LEMOYNE, P A 17043 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD WELLER 80 A GREENWOOD CIRCLE LEMOYNE, PA 17043 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) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, P A 17043 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) HARRIS SAVINGS BANK 234 N. SECOND STREET HARRISBURG, P A 17110 BUSINESS LOAN CENTER, INC. 645 MADISON AVENUE 18TH FLOOR NEW YORK, NY 10022 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas 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 80 A GREENWOOD CIRCLE LEMOYNE, PA 17043 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. Anril 21. 2005 DATE ~w~, Q0 ~.n(V(.~C0d-. . DANIEL G. SCHM , ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA, SIBIM TO WASHINGTON MUTUAL HOME LOANS, INe., FIK/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, CUMBERLAND COUNTY (") c No. 05-882 CIVIL TERM os: ~;.-,:' ~_.~, v. ~~~ ;~": Ci:~j ~2 ~ RONALD WELLER Defendant(s). April 21, 2005 TO: RONALD WELLER 80 A GREENWOOD CIRCLE LEMOYNE, PA 17043 ....., = 0 = .." <.n :x: s=':n ,,. -< m~ I -am :;;;\9 N '=4g ",. :r: ";J =t: 0(', ~rn \..0 ,,"J ~ N on CJ1 -< "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. 80 A GREENWOOD CIRCLE. LEMOYNE. PA 17043. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $898.238.67 obtained by WASHINGTON MUTUAL BANK. FA. S/B/M TO WASHINGTON MUTUAL HOME LOANS. INC.. F/KIA PNC MORTGAGE CORP. OF AMERICA (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with PaRC.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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 attomey 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis 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 ofthe 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 DESCRIPTION ALL THAT CERTAIN piece <lr parcel of land situate wilhin the Plan of Pennsboro MlIfl(W, Revised, wllich Plan bas been duly recorded in lbe Office for lbe Recording of Deeds in and for die Collllty of Cwnberland, Pennsylvania, in Plan B001: 05 at Page 6, located and situated in the Borough of W ormlcysburg, Cumberland County, Pennsylvania. more particularly bounded and described as folk>ws: BEGINNING at a Slake on the eastern line of Greenwood Circle at die nollbern line of other lands of the Grantees herein; thence along tile eastern line of Greenwood Circle in a generally northwardly direction by curve to the left baving a radius of one hundred (100) feet, a curved distance of one hundred three and forty-six one hundredths (103.46) feet to a stake at the southern line of land. now or late of Dr. Francis Hall; thence along said southern line of said Ia8t mentioned property in a generally eastwardly direction north forty-four (44) degrees no (00) minutes east two hundred fifty-ll1ree and ninety-three one hundredths <2.53.93) feet to a stake on the WClItem right-<>f-way line of the Pell1lBylvania Railroad Company; thetlCC along said rigIJt-of-way line or PcnnsylvaniaRaiIroad Company in a generally southeastwardJy direction south forty-six (46) degrees 110 (00) minutes CllS\I tbree hundred scvellly-<>ne and elghly-three one hundredths (371.83) feet to a point on the northern rigbt-ilf-way line of Pennsylvania SlllIe Legislative Route No. 708; them:e along said last mentiOlled highway righl-of-way in a generally southwestwardly direction the following two COIUlreS and distances: (I) South forty-three (43) degrees fifty (050) minules Ihirty (30) seconds wesl one hundred twenty-two and eighty-three one hundredths (122.83) feet. (2) By a. curve to the left having a radius of five thousand seven hondred lWeuty-nine and sixty one hundredths (05,729.60) feet, a eurve distance of one hundred eleven and forty-three one hundredths (J 11.43) feel 10 a s<<lke altine of other lands of the Grantees herein. THENCE along said odter lllllds of the grantees herein the followillg two coUlses and dislallCeS: (I) In a generally northwestWaldly direction lIOrth forty (40) degrees five (OS) minutes west IWO hundred fifty and seventy-eight one hundredths (250.78) feet to a stake. (2) In a generally westwardly direction south sixty<<ven (fiI) degrees six (06) minutes west one hundred lbirteen and forty-nioe une hundredths (113.49) reet l(l a stake Ull the ea5tefllline of Greenwood Circle, the place of beginning. CONTAINING tw<l and twenty-three one thousandths (2.023) acres. SAVING and accepting therefrom huwever, a rigbt-<>f-way in e8lieIIlent for ingress. regress and eggress on the existing maea<lam driveway at the dme and date uf this Deed from Greellwood Cllde to IIIe improved home located at 80 Greenwood Circle, a small portion uf which may or does exist llII the properly being herein OO1Iveyed. Tax Parcel #47-20-1858-010. TInE TO SAID PREMISES IS VESTED IN Ron A. Weller by Deed from Sondra S. Osler dared 1128/1997 and recorded 2/18/1997, In Deed Book 153 Page 441. Premises: 80 A Greenwood Circle, Lemoyne, P A 17043 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-882 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK FA F/K1A PNC MORTGAGE CORP. OF AMERICA Plaintiff (s) From RONALD WELLER, 80 A GREENWOOD CIRCLE, LEMOYNE, P A 17043 (I) You are directed to levy upon the property ofthe 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) 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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $898,238.67 L.L. $ .50 Interest FROM 4/21/05 TO SEPTEMBER 7, 2005 (PER DIEM - $147.66) $20,524.74 AND COSTS Atty's Cornrn % Atty Paid $121.10 Plaintiff Paid Due Prothy $1.00 Other Costs Date: 5/3/05 f~1, (Seal) By: 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 Real Estate Sale #01 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 80 A Greenwood Circle, Lemoyne, more fully described on Exhibit "A" Date: May 04, 2005 By:V6c?! Sru1.1h Real Estate Deputy ~ ~ ~ ~ filed with this writ and by this reference incorporated herein. 'lS :01 'it E - ,(VN 500l Jd "J'" ,"" ,- ^ .Il"" J [,. '. 'I c" .:J.:J/1:J3HS:" ''',' Ie :J 0 "III:; JHl -,0 3JI.:!::![) THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Connnonwealth 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 and/or Sunday! Metro editions which appeared on the 19th and 26th day(s) of July 2005, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mis eous Book "M", Volume 14, Page 317, COpy SA L E #1 Sworn to and NOT PUBLIC My commission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 317 .36 urATE UUl No. " _tie. l _ CIlIlI'llIMI ~"""_k FAlIIbhnto~_.~ Home ~ Inc.,' f/kla PNC .....1pO.i Corp. of ""*"'" Vs RonsJd__ Ally: Ilsinl!IlllcllllllslI DESORIP'l1ON AIL THtJ CEKIAIN pil:<:e or pan:el of laod __ibePlanof_Maoor, Reviled, wbk:bPl&nbas bea1li11yrecooledin ibe OIli<eforibe~ofDeedsinandforibe cooDty of Cumberlaod, 1'emJsylvania, in Plan BooI< 5 II f!&e 6, locaIed and siluab:d in ibe BorolIjh of Wormk:y1burJ, Clmlb<rland County, PelmoyMoia, ..... ]lII1iculorly bowIded and '_.foIIows: BEGINNING II "om 00 ibe ....... line of GreellwoodCircleatlbo_lineofolber laods of ibe Or..- baeiD: '1beoce aIoog ibe ....... line of GIeemrood Cin:le in . ,.....,uy IIOltbwanlIydiredionbycurvetoibeleflhaving. roIius of one hundred (100) li:et,. curved dislllDce 2f one hundred _ aoilforty six ooo-bundredtbs 1103.46) feet to . om at ibe soUlbem line 01 Iands_oclaleofJlr.FnmcisIlaU; lhenreakmg said_line of said "" lIIllIIIioned property in.,.....,uyeastwaldlYdireCtionnortbfortyfoor (44) degrees 00 (00) Illioo\oa east two hundred lifty_andDiDoly...._ (25193) feet to . .... 00 ibe w-. right-of. w.y line oflbe-l'emJsylvania Railroad. Company: thence alODg said rigbt-of-way line or Pelmoylvania Railroad Company in . ,......uy sou1heastwIInIl__fortysix(46) degrees 00 (00) ..... east _ huo<l:ed "!OBlY one. and ei&blY _ __ (311.83) feet... poiol 00 dIo........ rigbl-of. way line of Pelmoyl..... _ LegislIIm: Jlm,b: No, 708: lhence along said !as! mentioned ,..~..... ..... '.-01 "",w__r in . geoerall Y .' . .' ..... ... ...... .... , ....... ., ... . . ..., -(4.1) .... fly 411I . . !311 _ ... .. ...... : twoaad.eighty-lhreeone'-~r ( feet. . (Z)BY'OIlvetoibeleftbaviog.ro!iusoffive _....._lWeIIIy nine and sixty ~(5,m,60)li:et,.curvedislllDce ofonehuo<l:edeIevenandforty_one- _11I1.43) feet to. om at 1ine of_ IandsofibeOr..-_ 11lENCE akmgsiiid olber Iands ofibe_ bereindlofoIIowiogtwocomseaand_ (1)In..,......uy~directioo -forty (40) elopes five (OS) minutes west two_liftyand.....tyeislttone- -(ZSI),78)feetto....... (Z).In . geuenlly weat'o'anlty ......... _ ...,..... (67)degreessix (06)__-.... _...... IIId forty .... ............ (l13.4!/) feet to . om 00 ... ...... line of _Cid<,ibe"""<t~. CON'I'AlNING two -:"'-'Y _ one- ttioosaDdJhs(Z,OOJ)..... SAVING and IlCl:<pling -from, bow"", a rigbl-of.wayin_for~_~ _ooibeexiating_drivewayatibe ....and..... ofllti.l Deed from Gloenwood Cin:1e to ibe ......... home _ II 110 GIeemrood Circle, a small portion of which may (X' does exist ooibepropertybeiugberein""""Yed TaxPan:eliH7.Zl).I85WIO, 1T1Ul TO SAID PREMISES IS VESTED IN Ron A Weller by Deed from _ S, OaIer - II1Nl'H7111d _1/18I1'H7, in Deed BooI<I53f!&e441. PremiJes.IW._Cin:Io,~,PA ~-.__.- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 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 al11egal 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: 9/1/; 16- ,2,j ~()..;- f , Affiant further deposes that he is authorized to verity this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and charr ~ter of publication are true. ORN TO AND SUBSCRIBED before me this 0202. day of ;; .0 /./ .....- f N A SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO, 1 Writ No, 2005-882 Civil Washington Mutual Bank, FA. s/b/m to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America vs. Ronald Weller Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate within the Plan of Pennsboro Manor. Revised. which Plan has been duly recorded in the Office for the Recording of Deeds in and for the County of Cumber- land, Pennsylvania, in Plan Book 5 at Page 6, located and sUuated in the Borough of Wormleysburg, Cumberland County. Pennsylvania. more particularly bounded and de- scribed as follows: BEGINNING at a stake on the eastern line of Greenwood Circle at the northern line of other lands of the Grantees herein; thence along the eastern line of Greenwood Circle in a generally northwardly direction by curve to the left having a radius of one hundred (lOO) feet. a curved distance of one hundred three and forty-six one hundredths (103.46) feet to a stake at the southern line of lands now or late of Dr. Francis Hall: thence along said southern line of said last mentioned property in a generally eastwardly direction north forty-four (44) degrees no (00) mIn- utes east two hundred fifty-three and ninety-three one hundredths (253.93) feet to a stake on the west- ern right-of-way line of the Penn- sylvania Ra1lroad Company: thence along said right-of-way line or Penn- sylvania Railroad Company in a gen- erally southeastwardly direction south forty-six (46) degrees no (OO) minutes east three hundred sev- enty-one and eighty-three one hun- dredths (371.83) feet to a point on the northern right-at-way line of Pennsylvania State Legislative Route No. 708; thence along said last men- tioned highway right-ot-way 1n a generally soutbwestwardly direction the following two courses and dis- tances: " (1) South forty-three (43) degrees fifty (50) minutes thlrty (30) seconds west one hundred twenty-two and eighty-three one hundredths (122- ,83) feet. (2) Bya curve to the left having a radius of five thousand seven hun- dred twenty-nine and sixty one hun- dredths (5,729.60) feet. a curve dis- tance of one hundred eleven and forty-three one hundredths (111.43) feet to a stake at line of other lands of the Grantees herein. THENCE along said other lands of the grantees heretn the following two courses and distances: (1) In a generally northwestwardly direction north forty (40) degrees five (05) minutes west two hundred fifty and seventy-eight one hun- dredths (250.78) feet to a stake. (2) In a generally westwardly di- rection south sixty-seven (67) de- grees six (06) minutes west one hundred thirteen and forty-nine one hundredths [l13.49} feet to a stake on the eastem line of Greenwood Circle. the place of beginning. CONTAINING two and twenty- three one thousandths (2.023) acres. SAVING and accepting therefrom however, a right -of-way in easement for ingress, regress and eggress on the existing macadam driVeway at the time and date of this Deed from Greenwood Circle to the improved home located at 80 Greenwood Circle, a small portion of which may or does exist on the property being herein conveyed. Tax Parcel #47-20-1858-010. TITLE TO SAID PREMISES IS VESTED IN Ron A. Weller by Deed from Sandra S. Osler dated 1/28/ 1997 and recorded 2/18/1997, in Deed Book 153 Page 441. Premises: 80 A Greenwood Cir- cle, Lemoyne, PA 17043.