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HomeMy WebLinkAbout05-1014 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/ A PNC MORTGAGE CORP. OF AMERICA 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS' -101'( C;(..)~ L ~VLl CUMBERLAND COUNTY v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES TRA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #, 112075 File #: 112075 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 MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. .1. Plaintiff is WASHINGTON MUTUAL BANK, FA, SIl/I TO WASHINGTON MUTUAL HOME LOANS, INC., FIK/A PNC MORTGAGE CORP. OF AMERICA 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known addressees) of the Defendant(s) are: WILLIAM L. CLEMENTS TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 0811511996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book: 1336, Page: 856. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 0910112004 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 #: 112075 .6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2004 through 02117/2005 (Per Diem $22.53) Attorney's Fees Cumulative Late Charges 08/15/1996 to 02/17/2005 Cost of Suit and Title Search Subtotal $96,739.80 4,528.53 850.00 526.48 $ 750.00 $ 103,394.81 Escrow Credit Deficit Subtotal 0.00 97.92 $ 97.92 TOTAL $ 103,492.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Jaw, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document. as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant( s) 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 $ 103,492.73, together with interest from 02/17/2005 at the rate of$22.53 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 By: :;/1~~.~Z~~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 112075 ALL THAT CERTAIN traet of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, pennsylvania, bounded and described pursuant to a survey by Thomas A. Neff, dated April 5, l??S, and filed in the Office of the Recorder of Deeds in and for Cumberland County in plan Book 69, Page 128, as follows, BEGINNING at an iron pin in the legal rig~t-of-way of York Road (S.R. 74} and along property now or formerly of Robert and Betty Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00 feet to an iron pin; thence along Lot No. 3 of the aforementioned Plan, North 53 degrees ,. 00 minutes, 00 sec:onds, West, 50 feet to an iron pin; thence along Lot Number 1 of tbe aforementioned Plan, North 37 degrees, 00 minutes, 00 sec:onds, East, 150.00 feet to an iron pin at the Corner of ~ot No. 1 of the aforementioned Plan and York Road (S.R. 741; thenee along the right of way of York Road (S.R. 741 South 53 degrees, 00 minutes, 00 seconds, East, 50.00 feet to an iron pin, the place of BEGINNING. BEING Lot Number 2 of the Plan of Lots of Ronald and Barbara Lebo as reeorded in the Office of the Recorder of Deeds in and for Cumberland County i~ Plan Book 69. Page 128. Being improved with a dwelling known as 216 York Road. CONT~INING 0.17 acres more or less. BEING the same property which Ronald L.W. Lebo and 5arbara J. Lebo his wife by deed dated August 11, 1995, and recorde~ in the Office ~f the Recorder of Deeds in and for Cumberland County in Oeed Book 126, Page ~44, granted and conveyed,unto Ronald L.W. Lebo and Barbara J. LebO, the Grantors here1n. PREMISES BEING: 216 YORK ROAD. 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. Furthennore, 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. i3:~~ ~<(4R_ rancis S. Hallinan, Esquire Attorney for Plaintiff DATE: 2,1 C(,-05 () ~ -p~ In. r~ ~ In. ::::'~ ;'; " l!\ - ...)::: Q "'.J ~ ~ (..I,) ~ -0 \> -t:) ,:'1 ~ W ~ " ~ '-C. ~. ~, ~ \"..1 +- --.......L - _e SHERIFF'S RETURN - REGULAR CASE NO: 2005-01014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND .-. - -- WASHINGTON MUTUAL BANK FA VS CLEMENTS WILLIAM L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland county, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLAMENTS WILLIAM L t e - - DEFENDANT , at 2047:00 HOURS, on the 2nd day of March , 2005 at 216 YORK ROAD CARLISLE, PA 17013 by handing to WILLIAM CLEMENTS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents t,ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: - 18.00 3.70 .00 10.00 .00 31.70 r~~ R. Thomas Kline me this 7 day of~ 03/03/2005 PHELAN HALLIN~kCijMIEG By: ~_JP,/~ I --... y..].~ , Deputy Sheriff ; Sworn and Subscribed to before do.. j.- A.D. ~~~'~ Prothonotary ,~ . SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS CLEMENTS WILLIAM L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLEMENTS TRACY L Lie DEFENDANT , at 2047:00 HOURS, on the 2nd day of March , 2005 - - at 216 YORK ROAD CARLISLE, PA 17013 by handing to WILLIAM CLEMENTS, HUSBAND a true and attested copy of COMPLAINT - MORT FORE togethe1 with and at the same time directing His attention to the contents hereof. - Sheriff's Costs: So Answers: Docketing 6.00 .r~~ Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 03/03/2005 PHELAN HALLINAN~CH~IEG Sworn and Subscribed to before By: )'L .-.----. ~- ~I -,,/ - 7 day of ~ ,_ I ' me this iDeputy Sheriff - I Pi' 0.0 J. ---- A.D. fi<-L '~r'~ ,~ - - AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF W ASIDNGTON MUTUAL BANK, FA, SIIII TO W ASIDNGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA IPMB No. 05-1014 CIVIL TERM ACCT. #5718913758 DEFENDANT(S) WILLIAM L, CLEMENTS TRACY L. CLEMENTS Type of Action - Notice of Sheriff's Sale SERVE TRACY L. CLEMENTS AT: 216 YORK ROAD CARLISLE, PA 17013 Sale Date: DECEMBER 7,2005 SERVED Served and made known to lit ';lct L. a e IM-e.....\-.s ,200J,:; S:5"~'clockfm.,at ~/G 10'<:)c. [(d,./ , Commonwealth of Pennsylvania, in the manner described below: --rf/-. , Defendant, on the ~ G<<..hs\~ day of gr-. ~Defendant personally served. d ~ ~Adnlt family member with whom Defendant(s) reside(s). Name and Relationship is '<)~ L.: . Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. ),J ..?"../L Manager/Clerk of place oflodging in which Defendant(s) reside(s). /:j'~" l'irre tL Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. , d r I ()'^", d."tt)c h.>,j L Description: AgeL1iL Heightn Weight /dlo Race tVL..sex_ Other I,C~~<e."'C<L h. C;J.t(. ~ ~ competent adult, being duly sworn according to law, depose and state that] personally handed a true and co ect copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, NOTARW.WL Sworn to and sub~ribed LUCIU.E H. CARTY, = PlMo before me this ~ d':L- {i;l;M'f 1O,f;J of ~("r:f'" 200~ . Notary~ ~. By' PLEASE ATTE~;;~ER~E AT LEAST 3 TIMES. NDICATE. ATTEMPTED. Other: NOT SERVED On the day of , 200_, at o'clock _.m.. Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 r<) ~-:;~ <;;.f'l N C:'i r"-,_'> AFFIDAVIT OF SERVICE PLAINTIFF W ASIDNGTON MUTUAL BANK, FA, S/I/I TO WASHINGTON MUTUAL HOME LOANS, INC., FIK/A PNC MORTGAGE CORP, OF AMERICA CUMBERLAND COUNTY IPMB No. 05-1014 CIVIL TERM ACCT. #5718913758 DEFENDANT(S) WILLIAM L. CLEMENTS TRACY L. CLEMENTS Type of Action - Notice of SherifPs Sale SERVE WILLIAM L. CLEMENTS AT: 216 YORK ROAD CARLISLE, PA 17013 Sale Date: DECEMBER 7, 2005 SERVED Served and made known to k); II ~21 "'" L, (/1 e we \IJ \s' , Defendant, on the at ;:'~~O'clockf-m.,at ~C foe}.: j(.J.. 7 Ci3-/C. \; s-\e.. s-cJI, daYOf~,20~ , Commonwealth of Pennsylvania, in the manner described below: )( , Defendant personally served. 1 l ( Adult family member with whom Defendant(s) reside(s). Name and Relationship is ad,"). ~IC.. ffe Adult in charge of Defendant(s)'s residence who refused to give name or relationship. IA I r< 1(" ~ Manager/Clerk ofptace oflodging in which Defendant(s) reside(s). rJ I:. , Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: - . " r I ""''' d~r\.k ~..) t<.. Description: AgeL.B..... HeightH Weight /:?~- Race i()~ Sex~ Other I, ~ ).....c.~ec. k.Grt..~ ;-r;, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the olIce ofShenff's Sale III the manner as set forth herem, Issued III the captIOned case on the date and at the address indicated above. ES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 C) ~:; c ~;.~ f'V p<) 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, S/I/I TO WASHINGTON MUTUAL HOME LOANS, INC., FIKlA PNC MORTGAGE CORP. OF AMERICA 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1014 CIVIL TERM v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS 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 WILLIAM L. CLEMENTS and TRACY L. CLEMENTS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/18/05 to 8/31/05 TOTAL $103,492.73 $4,393.35 $107,886.08 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. 1tcvvvd -11- Jc-~ DANIEL G, SCHMIEG, ESQtJIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~;;LboS .. 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/I/I TO W ASillNGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 8120 NATIONS WAY, BUILDING 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1014 CIVIL TERM v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLIAM L. CLEMENTS is over 18 years of age and resides at , 216 YORK ROAD, CARLISLE, PA 17013. (c) that defendant TRACY L. CLEMENTS is over 18 years of age, and resides at, 216 YORK ROAD, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. tr~Jj~~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff . , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASIDNGTON MUTUAL BANK, FA, S/IJI TO WASHINGTON MUTUAL HOME LOANS, INC., F/KJA PNC MORTGAGE CORP. OF AMERICA 8120 NATIONS WAY, BUILDING 100 Plaintiff, v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1014 CIVIL TERM By: ~~~ ~+ry If you have any questions concerning this matter, please contact: ;fr{}/",~l-Jj4~1RE DANIEL G. SCHMIEG, ES Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** . ~ . PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., rd. No. 32227 Francis S. Hallinan, Esq., rd. No. 62695 Daniel G. Schmieg, Esq., rd. No. 62205 Philadelphia, P A 19103 (715) 5n~-7000 ATTORNEY FOR PLAINTIFF FILE COpy WASHINGTON MUTUAL BANK, FA, S/I/I TO : COURT OF COMMON PLEAS WASHINGTON MUTUAL HOME LOANS, INC., F/KIA PNC MORTGAGE CORP. OF AMERICA : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 05-104 CIVIL TERM WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants TO: WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, P A 17013 DATE OF NOTICE: MARCH 23, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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 WITE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . '... . PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (?1 S) Sn1-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/III TO : COURT OF COMMON PLEAS WASHINGTON MUTUAL HOME LOANS, INC., F/KIA PNC MORTGAGE CORP. OF AMERICA : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 05-104 CNIL TERM WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendants TO: TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, P A 17013 DATE OF NOTICE: MARCH 23, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 0 r-> (j ~ c::-,) c) t (C) ,.::'::;:) -n c-..J" ~ -:-0 en ::::1 1k r"i i:'\1 :-El \) '..) ,- I [5 \y r"-' (~:~ 0 -. ~ .--- . ~~ ::--~ ~~?) r- ~J ~ \) ~ -- '--"0 ,-oj ~-n F :: ,.~ --- CJ1 - ,., r-- 6"- -..J :.:< .... ~ - ~ ~ --.c::- ~ . " CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 W ASIDNGTON MUTUAL BANK, FA, S/I/I TO WASHINGTON MUTUAL HOME LOANS, INC., FIKIA PNC MORTGAGE CORP. OF AMERICA Plaintiff, No. 05-1014 CIVIL TERM v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $107,886,08 v/ Interest from 8/31/05 to DECEMBER 7, 2005 (per diem -$17.73) $1,737.54 and Costs TOTAL $109,623,62 1r~fi.J~ DANIEL G. SCHMIEG, QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~~ ~~ Cc r--r-- ~~ << =-=- ~;:$ " ~ " ~ Z ..:l~ o~ ~~~ 0 oo..:l .... r!l 00> oo~~ ~ <..:l <0< ~ -d ~~ ~=S 00 u u~ <l) ..:loo ~oo ~'E , =-z ~~~< z~ ~~ <l) zz ~z ~ = tIl o~ ~~~u ~~ ~ <l) ~ Q ..0 ~=- =~u~ ~~ o";j ~~ >-. ~ " ~~z~ ..:l~ c:.l ro ~ """ s o~ ~~=-< U..:l ~~ ~~ ,,; .U tIl uz ;;. ..:l . I-< ~z<~ ~~ <l) ~~ ~;: 00 ~ 00 ~0S20 ~~ ~~ ~~-. 0.. ~u ~ ~ . ....u 01:: \0 \0 ~ ~~ Zz :'~ :S~ ~ Q ~ ~ M M <l) ~Z O...UO ~~ ~ 0< ~=zu ....~ =-- UPa ~oo"" ~ .... tIl Z~~ U tIl j , ~~ ~ ..c; 1 == =o~ <l) ....... ~~ .- oo~o =- ~ z~ ~ ..:l ....u A Q --j-. t-L '1 =t \J ~ ~ r- Q .......... ll"J ~ C"'--. J Ol ;;d - c. . --- ...j ....j. ~ ,..X__J C) -- ........ . , ....j ~ ~ {~) ('oJ & c I ~ ~ LLI ..Q~ () g ~ ~ -...... u:.:UJ -,"- LLJ 1-- V) 0"'''' c . cl :j --J u_ t..r)- c, 1 ~ 0 r= __4j -0) c\r) "---9 \J ~ d ~:~~:> 0 ('0./ ~'[0 c-n -......:. U ~ P -- .. DESCRIPTIQN ALL THAT CERTAIN tract of land with improvements thereon erected, situate in South Middletown Township, Cumberland County. Pennsylvania. bounded and described pursuant to a survey by TIlOmas A. Neff, dated April 5, 1995 and fil.ed in the Office of the Recorder of Deeds in and tor Cumberland County in Plan Book 69, Page 128. as follows: BEGlNNING at an iron pin in the legal right-ot-way of York Road (S.R. 74) and along property now or formerly of Robert and Betty Hughes. South 37 degrees. 00 minutes, 00 seconds. West. 150.00 feet to a iron pin~ thence along Lot No. 3 of the aforementioned Plan, North 53 degrees. 00 minutes, 00 seconds, West, 50 feet to an iron pin; thence along Lot Number I of the aforementioned Plan. North 37 degrees, 00 minutes. 00 seconds, East, 150.00 feet to an iron pin at the comer of Lot NO.1 of the aforementioned Plan and York Road (S.R. 74); thence along the right of way of York. Road (S.R. 74) South 33 degrees. 00 minutes. 00 seconds, East, 50.00 feet to an iron pin. the place of beginning. BErNG Lot Number 2 on the Plan of Lots of Ronald and Barbara Lebo as recorded in the Office of Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known as 216 York Road, CONTAINING 0.17 acres more or less. BEING THE SAME PREMISES WHICH Ronald L.W. Lebo and Barbara J. L.ebo, his wife by Deed dated 8Jl5/1996 and recorded 8116/1996 in the County of Cumberland in Deed Book 144, Page 441 conveyed unto William L. Clements and Tracy L. Clements. his wife, in fee. Tax Parcel #40-22..()487-120 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William L. Clements and Tracy L. Clements, his wife By Deed from Ronald L.W. Lebo and Barbara J. Lebo, his wife, dated 8/15/1996 and recorded 8/16/1996 in Deed Book 144, Page 441 . PREMISES BEING: 216 YORK ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1014 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., S/I/I TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP OF AMERICA Plaintiff(s) From WILLIA. AND TRACY L. CLEMEMNTS, 216 YORK ROAD, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 216 YORK ROAD, CARLISLE PA 17013 (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 enj oined 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 $107,886.08 L.L. $.50 Interest FROM 8/31/05 TO 12/7/05 @ $17.73 PER DIEM = $1,737.54 Atty's Comm % Due Prothy $1.00 Atty Paid 129.70 Other Costs Plaintiff Paid Date: SEPTEMBER 2, 2005 ( Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFKBLVD., STE.1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 ~.. WASIDNGTON MUTUAL BANK, FA, SIIII TO WASHINGTON MUTUAL HOME LOANS, INC., F/K1A PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS NO. 05-1014 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK., FA. SIIII TO WASHINGTON MUTUAL HOME LOANS. INC.. FIKlA 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 .216 YORK ROAD. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, P A 17013 TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. ........... 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 216 YORK ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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. Sec. 4904 relating to unsworn falsification to authorities. August 31. 2005 DATE :[J~JL!<~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff r-..:> c:::::) c.:.:., c..,f"J ~.-l' (/) rq "d n (-"- o -n I N ::-~ -t.,... -j,:- ~D Ul -.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 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIIII 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. 05-1014 CIVIL TERM WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant( s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities, V-~JI~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ------- f-' 0 C:> -n 5"; ~:'A .....r;,:} \ N - ~. WASillNGTON MUTUAL BANK, FA, SIIII TO W ASillNGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, CUMBERLAND COUNTY No. 05-1014 CIVIL TERM v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). August 31, 2005 TO: WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013 TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, P A 17013 * * 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. 216 YORK ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on DECEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$107.886.08 obtained by WASHINGTON MUTUAL BANK. FA. S/I/I TO WASHINGTON MUTUAL HOME LOANS. INC.. F/KJA 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 MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may 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 if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 ALL THAT CERTAIN tract of land with improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described pursuant [0 a survey by Thomas A. Neff, dated April 5, 1995 and filed in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 69, Page ]28, as follows: BEGINNING at an iron pin in the legal right-of-way of York Road (S.R. 74) and along property now or formerly of Robert and Betty Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150.00 feet to a iron pin; thence along Lot No. 3 of the aforementioned Plan, North 53 degrees, 00 minutes, 00 seconds, West, 50 feet to an iron pill; thence along Lot Number I of the aforementioned Plan, North 37 degrees, 00 minutes, 00 seconds, East, 150.00 feet to an iron pin at the corner of Lot No. 1 of the aforementioned Plan and York Road (S.R. 74); thence along the right of way of York Road (S,R. 74) South 33 degrees, 00 minutes, 00 seconds, East, 50.00 feet to an iron pin, the place of beginning. BEING Lot Number 2 on the Plan of Lots of Ronald and Barbara Lebo as recorded in the Office of Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known a<) 216 York Road. CONTAINING 0.17 acres more or less. BEING THE SAME PREMISES WHICH Ronald L.W. Lebo and Barbara J. Lebo, his wife by Deed dated 8/15/1996 and recorded 8/16/1996 in the County of Cumberland in Deed Book 144, Page 441 conveyed unto William 1.. Clements and Tracy L Clements. his wife. in fee. Tax Parcel #40-22-0487-120 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William L. Clements and Tracy 1.. Clements, his wife By Deed from Ronald L.W. Lebo and Barbara J. Lebo, his wife, dated 8/15/1996 and recorded 8/16/1996 in Deed Book 144, Page 441 . PREMISES BEING: 216 YORK ROAD, CARLISLE, PA 17013 -"--....- ..------............ o c:~- .~( r-~ ,':':...':") c::) (.J"\ e,1"> r"'" -'\J \ r"-' ,f) en -,~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WASHINGTON MUTUAL BANK, FA, S/VI TO WASHINGTON MUTUAL HOME LOANS, INC., FIKIA PNC MORTGAGE CORP. OF AMERICA ) CIVIL ACTION ) vs. ) CIVIL DIVISION ) NO. 05-1014 CIVIL TERM WILLIAM L. CLEMENTS TRACY L. CLEMENTS AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for WASHINGTON MUTUAL BANK. FA, SIIII TO WASHINGTON MUTUAL HOME LOANS. INC.. F/K1A PNC MORTGAGE CORP. OF AMERICA hereby verify that on 8/31105 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 2. 2005 IEL G. SCHMIEG, ES Attorney for Plain' W ASIDNGTON MUTUAL BANK, FA, S/IJI TO W ASIDNGTON MUTUAL HOME LOANS, INC., FIKIA PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION WILLIAM L. CLEMENTS TRACY L. CLEMENTS NO. 05-1014 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK., FA. S/I/I TO WASHINGTON MUTUAL HOME LOANS, INC.. FIKJA 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 ,216 YORK ROAD. CARLISLE. PA 17013. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013 TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record 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 216 YORK ROAD CARLISLE, PA 17013 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 COITect 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. August 31. 2005 DATE :tJ~JjJc~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff ~..; .. c ~g. . z i~ 0." "'0 ~ ~ ri It - ~ '{;8 ~ H ~~ ~& ~~ c 0 ~:;; r' ~g () .. t"' ~ ~ (Il Ii ~ ~ ~ n !~ ~ ~ z ~ g ~ g 3: . ~ ?g'ag.~~ ~ ~~'g z, "''''-o~ ~ ~ '0 ~ g. v~.g", 8.~.[g.5 CIl~ .... g g. -..c!3~o~ ~ =r~~ g, ~g-gg~ ~ll bi! if g.",8~ _ g.~ ~ ~ i 011> _.0 HgH o -.i ~ 0 c . . < ~ . a ~. ~ ~ 'i'!'iI~1 s ~ - . ;; ~. tTl n 'hli 11 S' S ~Q.~I ~ ~ ;:~. ~~.~ ~ ~" ~ - .... '" g (i1 ~J.~~. S-(i"~g o 0 ("J a "t:l::jCl p. ~"'~i1 ..iJ " _. ,~g~ ii~~i1 . ~ " ~. W&~.~ tJ~ ~5' s~'$\; " ~. . g::r8~ ~~ 8-g ~g~~ S:~'''t:l * t n" 8' "@.. ~.... - ... - v.> - '" - - - o "" 00 --l '" vo ... v.> '" - t"' 5 " ~ l'r iD Z I: 3 ". .. ... --l () " ~ en 0 0 ~ z ~ ~ S- ~ g ~ ~ -- ~ n ~ g tn :xl ~ Q~tn~ ~~Sl~~ o 0 0. '"rl Z .. " '"d Vi ~ ~ ~ ~ i ~ ~ 8 ~ ?::: t"'"' @ ; ~ ~ ~ . () 0 0 ~ ~ ~ [;; ;J :;! ..; ~ >- ~ t;; - 0 Z c3 '"0 0 ~ ~ ~ ~ ~ . 0 3 ~ to (Il ~ ~ ~ ~ i .~ (Il ?l to en % .~ ..; - :> cJ - v.> - -.l - o ~ o:>z '"" ~ "a 'JJ~ '" .., '" == 11 ~ ~"'l:l ~ ~ ...;-0"" ;:r'0\;:l::I: ::::';'-fbtr1 ......""t"" ""......(I)~ (I) 0 ::l -g.g::l -. "T1n~ p. g "O~- ~g;b ""O(1l~'L. _ "" rf1;PO. 0'-<: g..z !g'R~ oo~d"(/) :o:,,~n ",<rf1::I: ~~g~ .., 0 "rf1::l0 I: . () -. t"" oft. .g - ~ "... "" ::to :00 ;;:: to 4-t-~I'Os}.~ II~~~~- . Z \J. ~ -= ~..-. ? ~ P1TNU lJowa 02 1A $ 00.900 :.&. 0004300377 AUG 31 2005 . - MAILED FROM ZIP CODE 19103 .J \ \ \ \ \ \ \ \ \ \ ij () ~;, r-,:) c~~ c:_> r;,.-l C~:~) C') -n -< :J: .,.1 I\1F-:: "<,~i; -j-l ) :..,)l"n _,:1 :_6 -< CJ -,0 f".':') I'....'!- ,'-' Washington Mutual Bank FA s/i/i Washington Mutual Home Loans, Inc. f/kla PNC Mortgage Corp of America VS William 1. Clements and Tracy 1. Clements The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1014 Civil Tefll'!. Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2005 at 5:27 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: William 1. Clements and Tracy 1. Clements, by making known unto William 1. Clements, personally and husband of Tracy 1. Clements, at 216 York Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Banick, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2005 at 6:35 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 William 1. Clements and Tracy 1. Clements located at 216 York Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: William 1. Clements and Tracy 1. Clements, by regular mail to their last known address of 216 York Road, Carlisle, P A 17013. These letters were 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 this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 19.63 15.00 15.00 .50 1.00 14.40 1.33 15.00 30.00 Postage Law Journal Patriot News Share of Bills Sworn and subscribed to before me 2006, A.D. 1.11 461.00 376.49 20.89 1,001.35 ~ - -~ /tt:t!c r ~1'-- ~ R. Thomas Kline, Sheriff I.>b :JL 'f~ Ll'1 Rtu. 11'117y ;. ,.. .. \0 WASHINGTON MUTUAL BANK, FA, StIlI TO WASHINGTON MUTUAL HOME LOANS, INC., FtKJA PNC MORTGAGE CORP. OF AMERICA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION WILLIAM L. CLEMENTS TRACY L. CLEMENTS NO. 05-1014 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, FA, SIIII TO WASHINGTON MUTUAL HOME LOANS, INC., FtK/A PNC MORTGAGE CORP. OF AMERICA, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,216 YORK ROAD, CARLISLE, PA 17013. I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013 TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. " \0 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 216 YORK ROAD CARLISLE, PA 17013 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. August 31, 2005 DATE J3;;:''--1f~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff E '. W ASIDNGTON MUTUAL BANK, FA, S/IJI TO WASIDNGTON MUTUAL HOME LOANS, INC., F/KJA PNC MORTGAGE CORP. OF AMERICA Plaintiff, CUMBERLAND COUNTY No. 05-1014 CIVIL TERM v. WILLIAM L. CLEMENTS TRACY L. CLEMENTS Defendant(s). August 31, 2005 TO: WILLIAM L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013 TRACY L. CLEMENTS 216 YORK ROAD CARLISLE, PA 17013 **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. ** Y OUT house (real estate) at . 216 YORK ROAD. CARLISLE. P A 17013. is scheduled to be sold at the Sheriffs Sale on DECEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $107.886.08 obtained by WASHINGTON MUTUAL BANK. FA. S/III TO WASHINGTON MUTUAL HOME LOANS. INC.. FfKJA 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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, 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. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL V ANIAl COUNTY OF CUMBERLAND) NO 05-1014 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., SIIII TO WASHINGTON MUTUAL HOME LOANS, INC., F/K1 A PNC MORTGAGE CORP OF AMERICA Plaintiff(s) From WILLL~'t. AND TRACY L. CLEMEMNTS, 216 YORK ROAD, CARLISLE PA 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 216 YORK ROAD, CARLISLE P A 17013 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendaut( s) not levied upou 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) Ifprope11y 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 $107,886.08 L.L. $.50 Interest FROM 8/31/05 TO 1217105 @$17.73 PER DIEM ~ $1,737.54 Atty's Cormn % Due Prothy $1.00 Atty Paid 129.70 Other Costs Plaintiff Paid 11~ Date: SEPTEMBER 2, 2005 Y CUR~IsR.' LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE.1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court lD No. 62205 Real Estate Sale #50 On September 09,2005 the Sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A ~ =::) c'?' ~.;-: Known and numbered as 216 York Road, 1 .:) Carlisle, more fully described on Exhibit "A" -,~-1 U filed with this writ and by this reference incorporated herein;:::; Date: September 09, 2005 By: J,cb-I \~t~ Real Estate Sergeant (!;) c:::u::v CViJ t- , ~) GV;J . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} S5 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot~ News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and pubhshed 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 !me; 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 aud subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ;;;;;;;.,;.;;;;.;;,;;~. . .;," ;;,. ",;;;N;"m;;;;;;:;'.;:" NOTARIAL SEAl. Terry L. Russell, Notary Public City of Har~lsburg, Dauphin County My Comrn Slon ExR' June 6, 2006 r Member,PEl nsyjva~ A ocia!ionofNotaries /A""1it ()' U~ NOTA Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTAll! $ALl! No. SO Writ No. 2005-1014 CIvIl"""" WashingtOn Mutual Bank FA, SNI_gton Mutual Home Loans, Inc.. 1/kJa PNC Mortgage Corp. oIAmertca va WIWam L & llacy L. CIemenIs Atty: l)anlel SChmieg DESCRIP110N ALL THA'f'" CERTAIN tract of land wilb improvements lhereon erected. situate in South MiddlelOIl Township, Cumberland County, Pennsylvania, bounded and described pursuant to a $urvey by Thomas A. Neff. dated April 5. 1995 and filed in tbeOffice of the:.Rororder of Deeds in and for Cumberland County in Plan Book 69. Page 128, as follows: BEGINNlNG at an iron pin in the legal right-of- way of York Road (S.R. 74) and along property now or fof.merly of Robert and Betty Hughes, South 37 degrees 00 minutes, 00 seconds, West, 150.00 feet to an iron pin; thence along Lot No.3 of the afore-mentioned Plan. North 53 degrees, 00 minutes, 00 seconds, West, 50 feet to an iron pin; thence along Lot Number I of the afore- mentioned Plan, North 37 degrees, 00 minutes. 00 seconds, East, 150.00 feet to an iron pin at the comer of Lot No. I of the afore-mentlmzed Plan andYmkRood(S.R. 74):1hence~ong!berigbtof way of Yo IX Road (S.R. 74) South 33 degrees, 00 minutes, 00 seconds, East. 50.00 feet to an iron pin, !be p],ce of BEGINNING. BEING Lot Number 2 on the Plan of lcts of Ronald and Bmbara Lebo as recorded in the Office of Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being imProved with a dwellingkoown as 216 YootRood. ~O.l7iCWmare(ltless. _l1l&SAIIIl!'llllllilllS__ LW:lAIIo__l.lAiln.Iisd:.""Do:oI dIred 1II1Sll'" _ ...... iIl6Il!J16 ia.. Cftmty of CO' ... 'r[}d is))oed Bcd: -I...... 441 conveyed unto WilliamL. Clements and T*Y L. Clements, his wife, in fee. TAX PARCEL i/4().22-0487.120. TITLE 10 SAID PREMISES is vested in William L. Cleipeltts and Tracy L Clements, his wife, by Deed from Ronald L. W. Lebo and Bmara 1. Lebo, his wife, dated 8/1511996 and recorded 8/1611996 in Deed Book 144,Page441. PREMISES BEING: 2t6 Yod< Road, Carli,le, PA 17013. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on 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 matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. (~' itor ( S TO AND SUBSCRIBED before me this 28 day of October. 2005 1:~JJz-fl~ ;, , ," ,,- ""I"f"'- .~ I I _ t ~ LUI;> ~:'.i.U )-! '-;;'" ~ C;.F~i,:> ~~,nr') (:":Ti~:; r':,1"r; (-,~"., ' ~ .," \' ;, -'" '~',~;:;, <\'\ t-_:'; ~;l "i. , REAL ESTATE SALE NO. 50 Writ No. 2005-1014 Civil Washington Mutual Bank FA. 5/1/1 Washington Mutual Home Loans, Inc., F/K/A PNC Mortgage Corp. of America vs. William L. & Tracy L Clements Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected. situate in South Middletown Town- ship, Cumberland County. Pennsyl- vania, bounded and described pur- suant to a survey by Thomas A. Neff, dated April 5. 1995 and filed in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128, as follows: BEGINNING at an iron pin in the legal right-of-way of York Road (S.H. 74) and along property now or for- merly of Robert and Betty Hughes, South 37 degrees, 00 minutes, 00 seconds, West, 150,00 feet to a iron pin: thence along Lot No. 3 of the aforementioned Plan, North 53 de- grees, 00 minutes, 00 seconds, West. 50 feet to an iron pin: thence along Lot Number 1 of the afore- mentioned Plan. North 37 degrees. 00 minutes. 00 seconds. East. 150.00 feet to an iron pin at the comer of Lot No. 1 of the aforemen- tioned Plan and York Road (S.R. 74); thence along the right of way of York Road (S.H. 74) South 33 degrees, 00 minutes. 00 seconds. East. 50.00 feet to an iron pin. the place of beginning. BEING Lot Number 2 on the Plan of Lots of Ronald and Barbara Lebo as recorded in the Office of Recorder of Deeds in and for Cumberland County in Plan Book 69, Page 128. Being improved with a dwelling known as 216 York Road. CONTAINING 0.17 acres more or less. BEING THE SAME PREMISES WHICH Ronald L.W. Lebo and Bar~ bara J. Lebo, his wife by Deed dated 8/15/1996 and recorded 8/ 16/1996 in the County of Cumber- land in Deed Book 144. Page 441 conveyed unto William L. Clements and Tracy L. Clements, his wife. in fee. Tax Parcel #40-22-0487-120. RECORD OWNER TITLE TO SAID PREMtSES IS VESTED IN WiUlam L. Clements and Tracy L. Clements. his wife By Deed from Ronald L.W. Lebo and Bar~ bara J. Lebo, hts wife, dated 8/15/ 1996 and recorded 8/16/1996 in Deed Book 144, Page 44l. PREMISES BEtNG: 216 YORK ROAD, CARLISLE, PA 17013.