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HomeMy WebLinkAbout05-4021 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 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM C('u~l't-~ I v. NO. OS' - /.j OJ../ CUMBERLAND COUNTY BARBARA A. MORAN 49 DREXEL PLACE NEW CUMBERLAND, P A ] 7070 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 HlRlNG 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle. PAl 70 13 (800)990-9108 File#: ]20248 File #". 120248 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. I. Plaintiff is WASHINGTON MUTUAL BANK, FA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: BARBARA A. MORAN 49 DREXEL PLACE NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/07/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1887, Page: 2656. 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 04/0 I /2005 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 -fr. \ 2024& 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2005 through 08/05/2005 (Per Diem $8.21) Attorney's Fees Cumulative Late Charges 03/2011998 to 08/05/2005 Cost of Suit and Title Searcb Subtotal $51,024.27 1,297.18 1,250.00 45.78 $ 550.00 $ 54,167.23 Escrow Credit Deficit Subtotal - 635.75 0.00 $- 635.75 TOTAL $ 53,531.48 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 Sheriff's 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/983, as amended in 1998, andior 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum 01'$ 53,531.48, together with interest from 08/05/2005 at the rate 01'$8.21 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHElAN HALLINAN & ~I~~___ ' 0--~ ~. /- By: IslFrancis S. Hallinan LAWRENCE T. PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File:#: 120248 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the building and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being more fully described on that certain As Built Plan of FoxIea Residential Community Village One, Phase I, Lower Allen Township, Cwnberland County. Pennsylvania, as prepared by Gerrit J. Betz Associates, Inc., Engineers & Surveyors, dated October 6, 1976. and last revised March 19, 1977, as recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on March 23, 1977, in Plan Book 26, page 50, which Plan is herein incorporated by reference as if hereto attached, as unit number 49, in Building 'H' consisting of 4724 square feet and described on said As Built Plan by metes and bounds which description is likewise herein incorporated by reference. BEING the same premises which John D. Marshall and Beverly Jane Marshall, his wife, by their deed dated September 30,1991 and recorded in Cumberland County Deed Book I, Volume 35, Page 350, granted and conveyed unto Thomas F. Moran and Barbara A. Moran, his wife. PREMISES: 49 DREXEL PLACE File #: [20248 VFRTmCA nON 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ s: l~jL .' DATE: 'x/~f$ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff (:J ~ t 7i lr( ~ <rt ..c: C> -- ~ r -l:: ~ 'C -t - ~ ~ -.c::. ::0 -I- -+- ---.c.. ~ ~ ~ ~- ~ :? .. ~ f1'\~ \ 15:6 Q:l =t .~' ,-,:1.) !C ~z-~~ _ o. o -, .. 'E tv :0<(. -l - SHERIFF'S RETURN - REGULAR CASE NO: 2005-04021 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS MORAN BARBARA A SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORAN BARBARA A the DEFENDANT at 1140:00 HOURS, on the 11th day of August 2005 at 49 DREXEL PLACE NEW CUMBERLAND, PA 17070 by handing to BARBARA MORAN a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.80 .00 10.00 .00 40.80 if''f?-~'''1-,~~~ R. Thomas Kline 08/12/2005 PHELAN HALLINAN AND SCHMIEG me this 1~~ day of Sworn and Subscribed to before By: PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST P ARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DMSION v. NO. 05-4021 CIVIL TERM BARBARA A. MORAN 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 ofthe Plaintiff and against BARBARA A. MORAN 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 8/6/05 to 9/22/05 TOTAL $53,531.48 $394.08 $53,925.56 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. ,lrcvw.J fi~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.{J:i~ DATE: q-J~~- PRO P OTRY- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF W ASIDNGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-4021 CIVIL TERM BARBARA A. MORAN 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 BARBARA A. MORAN is over 18 years of age and resides at , 49 DREXEL PLACE, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. tr~JI~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW W ASIDNGTON MUTUAL BANK, F.A. 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-4021 CIVIL TERM BARBARA A. MORAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 9 Q.,+-..11... 20oS. By: ~~~~ If you have any questions concerning this matter, please contact: ~~-if.-J~ DANIEL G. SCHMIEG, ES~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 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 INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVlOUSL Y RECENED 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 AND SCHMIEG 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, P A 19103 (71 'i) 'ih"1_7000 WASHINGTON MUTUAL BANK, FA Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CNIL DNISION Vs. : CUMBERLAND COUNTY BARBARA A. MORAN Defendants : NO. 05-4021 TO: BARBARA A. MORAN 49 DREXEL PLACE NEW CUMBERLAND, P A 17070 DATE OF NOTICE: SFPTI:MRFR 1 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. IMPORT ANT 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 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, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 7d ~ -"=;. C ....a n ~ Q. II ~ \l (~~ c.::> <.f' ~-n ~ () -,-, (I> C> r..... fl'P -0 -orn r -- ~ ~ f'.) "I'? ~ 0' '~!ltd -c t3 ~ -/~:.u \) 'l":" ::J.\,:: ,,0 ~ & ::D '-'--rn V) <? Q :.:;; {l.f ~ J:- / ::i '.:.2 x:- - N [-: r--- .------- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 W ASffiNGTON MUTUAL BANK, F.A. Plaintiff, v. No. 05-4021 CIVIL TERM BARBARA A. MORAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $53,925.56 Interest from 9/22/05 to MARCH 8, 2006 (per diem -$8.86) $1,479.62 and Costs TOTAL $55,405.18 fr~A~ljjA~ DANIEL G. SCHMIEG, ESQ 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. 0 I- 0 I- ... ~ ~ ~ ~ i ~ 8 roo.~ ~ o~ < ~ z 1i ~> ,.; p ~ ~ u ~~ '" ~~ '" ..;lrJi ~ ~ Q) ~ ~a ~ .C> ~~ ~ roo...s Po< ~ ~ 0 o ~ ~~ ,.J a ~~~ ~ ,.. ... q ~ ~ < ~~ l~ o~ ,;, go ;. ~ ~~ p. uz ~ ~! . 0 Q) ~g ~ ~ ~ u z ~ roo. Cl ~ ~ ~~ 0 ~6 u; ~ ~ e: '" p~ Q) 8; ~ u ] :g i ;:= ~ .~ <r: ~~ ~ ?-< ,..~ ~ ~p u ~ ~ ~ J :!; (J~)::)N <J~V)~~ ~~ ~ ~~ "* '\i) ~ , .J ~~ ~ '.~ ~~ "" ~~ ~ ~ ~ ~ ily i (J 0- N >: -.:l' ~ . 9 uJ Q ...~- " ) ""'~, ~o-c... ""::;: ,.--L~ (5 ~c ,0 ~u:: <-...J bJP.- n- dtH wJ u-\E V' ..,.., u~ ~ o ,..... " % I) ~ DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the building and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being more fully described on that certain As Built Plan of Foxlea Residential Community Village One, Phase I, Lower Allen Township, Cumberland County, Pennsylvania, as prepared by Gerrit J. Betz Associates, Inc., Engineers & Surveyors, dated October 6,1976, and last revised March 19,1977, as recorded in the Office ofthe Recorder of Deeds of Cumberland County, Pennsylvania on March 23, 1977, in Plan Book 26, page 50, which Plan is herein incorporated by reference as ifhereto attached, as unit number 49, in Building 'H' consisting of 4724 square feet and described on said As Built Plan by metes and bounds which description is likewise herein incorporated by reference. BEING the same premises which John D. Marshall and Beverly Jane Marshall, his wife, by their deed dated September 30,1991 and recorded in Cumberland County Deed Book I, Volume 35, Page 350, granted and conveyed unto Thomas F. Moran and Barbara A. Moran, his wife. Being Parcel # 13-25-008-002A-UH-49-1 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Barbara A. Moran, married woman, by Deed from Thomas F. Moran and Barbara A. Moran, husband and wife, dated 8-16-96, recorded 12-17-96 in Deed Book 150, page 753. PREMISES BEING: 49 DREXEL PLACE, NEW CUMBERLAND, P A 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4021 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From BARBARA A. MORAN (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 $53,925.56 L.L. $.50 Interest FROM 9/22/05 TO 3/8/06 (PER DIEM - $8.86) - $1,479.62 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $122.80 Plaintiff Paid Date: SEPTEMBER 26, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS BARBARA A. MORAN CIVIL DIVISION Defendant(s). NO. 05-4021 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK. F.A., 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 ,49 DREXEL PLACE. NEW CUMBERLAND. P A 17070 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BARBARA A. MORAN 49 DREXEL PLACE NEW CUMBERLAND, PAl 7070 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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 49 DREXEL PLACE NEW CUMBERLAND, P A 17070 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. September 22. 2005 DATE 'iYcvw.iJ JjJ ~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff T~' c::::> c:? ~~ </, ~-n -" !'., cr> ~ ~ :e..,-, ri1p -Of'1\ :::~it;} -:., .,', >L)~U ,:~..... ) >::- \';'\ c) ;,~ ~~ ~- 1'0 W ASIDNGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY v. No. 05-4021 CIVIL TERM BARBARA A. MORAN Defendant(s). September 22, 2005 TO: BARBARA A. MORAN 49 DREXEL PLACE NEW CUMBERLAND, PA 17070 "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, 49 DREXEL PLACE, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $53,925.56 obtained by WASHINGTON MUTUAL BANK.. F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. 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 maybe 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the building and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being more fully described on that certain As Built Plan ofFoxlea Residential Community Village One, Phase I, Lower Allen Township, Cumberland County, Pennsylvania, as prepared by Gerrit J. Betz Associates, Inc., Engineers & Surveyors, dated October 6, 1976, and last revised March 19, 1977, as recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on March 23,1977, in Plan Book 26, page 50, which Plan is herein incorporated by reference as if hereto attached, as unit number 49, in Building 'H' consisting of 4724 square feet and described on said As Built Plan by metes and bounds which description is likewise herein incorporated by reference. BEING the same premises which John D. Marshall and Beverly Jane Marshall, his wife, by their deed dated September 30, 1991 and recorded in Cumberland County Deed Book I, Volume 35, Page 350, granted and conveyed unto Thomas F. Moran and Barbara A. Moran, his wife. Being Parcel # 13-25-008-002A-UH-49-1 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Barbara A. Moran, married woman, by Deed from Thomas F. Moran and Barbara A. Moran, husband and wife, dated 8-16-96, recorded 12-17-96 in Deed Book 150, page 753. PREMISES BEING: 49 DREXEL PLACE, NEW CUMBERLAND, P A 17070 0 ,....> 0 "'" c = -n ::;:.".- <:J' ':i!,...,., (f) ,-<1 .." rnp _CrTi 1'-' .'rjC} 0' ;:--) , 'c,,<;:! ~::: .:~;:]~~ .c.. C CS i:sftl C:"o " , = :: r l-'iJ rv '-" RightFax 10/21/2005 11:09 PAGE 001/001 ~'ax server PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 Sandra Cooper Legal Assistant, En. 1258 Representing Lend ers in Pemliylvania and New Jersey October 21,2005 Office 0 f the Sheriff Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 ATTENTION: JODY FAX: 717-240-6397 Re: WASHINGTON MUTUAL BM'K, FA v. BARBARA A. MORAN No. 05-4021 CIVIL TERM Premises: 49 DREXEL PLACE, NEW CUMBERLAND, P A 17070 Dear Jody: Please STAYthe Sheriff's Sale of the above rererenced property, which is scheduled fur MARCH 8, 2006, The Derendant(s) filed a Chapter 13 Bankruptcy on 10/11/05 at 05-07780. Please return the original writ of execution to the Prothonotary as soon as possible. Very truly yours, Sandm Cooper Nov. 10, 2005 - Original writ returned to the Prothonotary's Office. Nov. 10, 2005 - Copy of writ and $1,500.00 check (#453525) returned to Attorney Schmieg' 5 Office.