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HomeMy WebLinkAbout05-4747 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 !ll2L~63-7000 WASHINGTON MUTUAL BANK, FA, S/I/l TO HOMESIDE LENDING, INe. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM {!;u~LY~ v. NO. 05-/../7'17 CUMBERLAND COUNTY MARK E. COLLINS 319 CHARLES ROAD MECHANICSBURG, P A 17050 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 (1 written appearance personally or by attorney and filing in writing with the court your defenses 01 ohJections 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 eourt without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORM A TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ',",' 13;J 'joJ;J - h'il ~ 'ZiI:i:.. :,.. . ".'~ ~'M,,,'~8u"'~~'\'''' 1Itl\Jil!\\ ,~\YJ ,.,Hh f' ',J' , " Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File#: \2272\ File #: 12272\ 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 EST A TE. .. ~ 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, S/lII TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: MARK E. COLLINS 319 CHARLES ROAD MECHANICSBURG, P A 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/23/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BARNETT MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1441, Page: 715. By Assignment of Mortgage recorded 6/15/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 579, Page 508. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2005 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. Filc#: 122721 . 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2005 through 09/12/2005 (Per Diem $9.10) Attorney's Fees Cumulative Late Charges 03/23/1998 to 09/12/2005 Cost of Suit and Title Search Subtotal $47,457.19 1,501.50 1,225.00 175.92 $ 550.00 $ 50,909.61 Escrow Credit Deficit Subtotal 0.00 332.51 $ 332.51 TOTAL $ 51,242.12 7. The attorney's fees set forth above are in confonnity 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 ofIntention 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 51,242.12, together with interest from 09/12/2005 at the rate of $9.10 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 ALLINA,N. & SCH~IE~',L" P - ." ~ ' ,- Xt!L?~ . / 'da~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 122721 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast comer of Charles Road (50 feet wide) and Del-Brook Road (60 feet wide); thence Eastwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No.9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No.9, Block D, a distance of87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No, 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling house. BEING the same premises which Central Penn Builders, Inc., by its Deed dated August 8, 1955, and recorded August 8, 1955, in Deed Book Q, Volume 16, Page 136 granted and conveyed unto Harry W. Micheals and Cora M. Micheals, his wife. The said Harry W. Micheals having died on October 5, 1980, thereby vesting title in Cora M. Micheals, the surviving tenant by entirety. PREMISES BEING: 319 CHARLES ROAD. File # 122721 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. ~s.?~L ranClS S. Hallman, EsqUire . Attorney for Plaintiff DATE: () -/2, t'S . "~:~:..r",,__-.:_:~-~,-_~,~<~~:.:.,:",':.::-:-:-,.-:..: :;_;: ,,:;:::-: :.:.;:": :-: :,.;;: =::.: : ".';-',.':' ~.,:.::<-:<..: ~:_-:.: _.~,-._-.:-_ . ..." - .. . . - -. _ ~"."-~~'~-._'-'~' '-',.-.-~'. ~-.-. ."- .'." . -'~ p ~ ~ ~ (J{ \- U{ tn - ~ C> ~ CQ. .-- ~ ~ (..:J W -~~ ~ .' w - ---- ~':) ~ ' ' " .-- " - r'~ ---------- ... .. 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, P A 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4747 CIVIL TERM MARK E. COLLINS 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 MARK E. COLLINS and , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/13/05 to 9/11/06 TOTAL $51,242.12 $3,312.40 $54,554.52 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. ~~C~RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED. DATE: ~ WOCp 122721 ~ .... PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (715) 'ifi1-7000 WASHINGTON MUTUAL BANK, FA, S/IJI TO :COURTOFCOMMONPLEAS HOMESIDE LENDING, INC. Plaintiff : CNIL DNISION Vs. : CUMBERLAND COUNTY MARK E. COLLINS : NO. 05-4747 CNIL TERM Defendants TO: MARK E. COLLINS 319 CHARLES ROAD MECHANICSBURG, P A 17050 FILE COPy DATE OF NOTICE: OCTORRR 12, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENf TO YOU IN AN ATIEMPT 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENf OF LIEN AGAINST PROPERTY. IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY 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 ruDGMENT MAY BE ENfERED 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 ALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON 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 .. " 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/III TO HOMESIDE LENDING, INC. 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4747 CIVIL TERM MARK E. COLLINS 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 MARK E. COLLINS is over 18 years of age and resides at, 319 CHARLES ROAD, MECHANICSBURG, P A 17050 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, E IRE Attorney for Plaintif t ~ \ ~ iT " (~ 8 l" ~ ~ :V ~ ~ ~ p:: A.t~"~ r." ~ ~ r~~-'" 1-..-'":\ ::;j , .;. - h.:: --.~ '. ~ ~ . - i'....) c::: ... , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4747 CIVIL TERM MARK E. COLLINS Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~. By: ,;-- If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, DIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y 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. * * (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. Plaintiff, v. No. 05-4747 CIVIL TERM MARK E. COLLINS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'l cost Interest from 9/11/06 to DECEMBER 6, 2006 (per diem -$8.97) $54,554.52 $ $771.42 and Costs TOTAL $55,325.94 -~t3~. DANIEL G. SCHMIEG, ES~ 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. 122721 >- ~ b W-r oE, 1+-[ ..L. 1""--- ~& ~w iE ~ Q If'l Q t"- ~ < ~ ~ ~ ;;;J ~ 00. U i-I Z ~ Z U ~ < ~ 0 ~ ~Z i-I "'0 E-i ~ v 0< 00. ;;;J ~ t: 00.> <U u v <...;l ~'F ~ rn ~Z V ~> ~i-I ,.D ...;loo. ~g 00. ~ ~ 00. >. ..- ~Z Z ~.s ~ S N i-I ~ r--- Zz ...;l o ~ N o~ =8 ...;l E-i &. rn N ;.... ..- ~~ 0 ~~ v ~> ...;lZ U == ~ <~ ..,j . ~ ~ U 0.. OE-i ;;;J...;l ~ ~ ~ v UZ E-i~ ~ ~ ~ ;.... ~ v ~;;;J ;;;JQ o't f'ti ~ 00 ~t;.l ~ ~ = E-iU Z~ ~6 Vi rn ~Q O~ ~ ~ ;;;J~ i-I "'0 E-io U "'0 "'0 8; "'== ~ v <r: - ~o ''''; ~ ~~ ==E-i ~ ==~ 00. E-i~ ~ Z;;;J i-Iu o ..::r '-....J ~ 14 -.J- . j uJ ~ ~ ~ ~ N) " -J ~ t"'C) ~ VJ .......... ~ l ~ CJ r r-- -;Y' ~~ ~-', . .. 0:> x: oo:r . -J:' )-4.. .... ':: ::- -+1 J: .. Q(::::tJ ~l;;...~:: I,:J .... ~-: CJ f I I l -, !) a <)~aoll) 'C) . . I . tJ) -9 lA &-- C)" ~c:'t)lIJ ~ ~ '" , ~ -J,~ ~lZ ..1."~ ;z:; , 'JLLI ale.... ..",,' ..?: => U c3~ () () o L? . '- . bt- ~ N 0- W U') ...0 = = "" DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast comer of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eastwardly along Del-Brook Road, a distance of87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No.9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No, 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HA VING thereon erected a one and one-half story brick and frame dwelling house. BEING the same premises which Central Penn Builders, Inc., by its Deed dated August 8, 1955, and recorded August 8, 1955, in Deed Book Q, Volume 16, Page 136 granted and conveyed unto Harry W. Micheals and Cora M. Micheals, his wife. The said Harry W. Micheals having died on October 5, 1980, thereby vesting title in Cora M. Micheals, the surviving tenant by entirety. Being Parcel # 10-21-0279-285 BEING No. 319 Charles Road, Mechanicsburg, P A 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark E. Collins, by Deed from Cora M. Micheals, widow, dated 7-12-91, recorded 7-15-91 in Deed Book 35F, page 278. 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, P A 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MARK E. COLLINS NO. 05-4747 CIVIL TERM 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: ( ) 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. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff o c Z -''''0 Ff~ n;f'. ~~ ~ .g:. ~ '-0 N - c; ..e~... ~~,~~~ J7C: >~ ~ --' ~~ -om -:-1)9 00 '.:~ -~..~ ;c; :!J (",.0 'brn ..:..\ ..,.". ~ -e;. :>> C? :.c:- o . ~ . " WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MARK E. COLLINS NO. 05-4747 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK. FA. S/III TO HOMESIDE LENDING. INC., 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 .319 CHARLES ROAD. MECHANICSBURG. P A 17050 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK E. COLLINS 319 CHARLES ROAD MECHANICSBURG, PA 17050 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 ;"0 , 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 Assocation 2730 Liberty Avenue Pittsburgh, P A 15222 5. Name and address of every other person who has any record lien on the property: Name Township of Hampden Last Known Address (if address cannot be reasonably ascertained, please indicate) 230 South Sporting HilI Road Mechanicsburg, P A 17055 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 319 CHARLES ROAD MECHANICSBURG, P A 17050 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Dept. #280601 Harrisburg, P A 17128 Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, P A 15222 P.O. Box 8486 Willow Oak Building Harrisburg, P A 17105-8486 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. Department of Public Welfare TPL Casualty Unit Estate Recovery Program September 11,2006 DATE >>A~tJ.~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff o ,- ~~-; "'::.."'" ~""'CJ (CO q;JfL .~; I (j ,~ ;::,:, \::.::: r-,;) = = a' (/'> f"1l -0 N ::::'/C.._ .~:;;; Ie ~2 :;t;'" :1"{ Cf,) ., ~ ~:o l~ -r:1\-, ~.Q '-" ,-' ).., :.~ ~1 'c~o ...;:;',rn S "'l'> ~ :;::'" o \r WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4747 CIVIL TERM v. MARK E. COLLINS Defcndant(s). September 11,2006 TO: MARK E. COLLINS 319 CHARLES ROAD MECHANICSBURG, P A 17050 **THIS FIRM IS A DEBT COLLECTOR AlTEMPTING 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 B AN AlTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 319 CHARLES ROAD. MECHANICSBURG. PA 17050. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $54.554.52 obtained by WASHINGTON MUTUAL BANK. FA. SIIII TO HOMESIDE LENDIN4 INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be mad, 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,ay costs and reasonable attorney's fees due. To find out how much you mU8 call: (215) 563-7000. 11 the 2. You may be able to stop the sale by filing a petition asking the Court I judgment, if the judgment was improperly entered. You may also as' postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceed , 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 HA VE 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 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 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 CARLISLE, PA 17013 (717) 249-3166 . DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast comer of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eastwardly along Del-Brook Road, a distance of87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No.9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No.1 0, Block D, Plan No, 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HA VING thereon erected a one and one-half story brick and frame dwelling house. BEING the same premises which Central Penn Builders, Inc., by its Deed dated August 8, 1955, and recorded August 8, 1955, in Deed Book Q, Volume 16, Page 136 granted and conveyed unto Harry W. Micheals and Cora M. Micheals, his wife. The said Harry W. Micheals having died on October 5, 1980, thereby vesting title in Cora M. Micheals, the surviving tenant by entirety. Being Parcel # 10-21-0279-285 BEING No. 319 Charles Road, Mechanicsburg, P A 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark E. Collins, by Deed from Cora M. Micheals, widow, dated 7-12-91, recorded 7-15-91 in Deed Book 35F, page 278. <"...J ....... -1:"'; $0 .:.;r o:::n c:: -;>0 <: ?' Om '-., .:;::-I -< .:::- 5:] C:' -=: r--.:I = <:::::> c:I"' (/) rrl \".1 CD ~ ~ mFJ -0 rn ~'56 :",.:;1:fi .':.;:D >~C) brn .,-; ~ =< N :0- :-l: .... ... o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4747 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC., Plaintiff (s) From MARK E. COLLINS (1 ) You are directed to levy upon the property of the defendant (s )and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,554.52 L.L. $.50 Interest FROM 9/11/06 TO 12/6/06 (PER DIEM - $8.97) -- $771.42 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $118/80 Other Costs Plaintiff Paid Date: SEPTEMBER 21,2006 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 , ". AFFIDA VIT OF SERVICE , PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. MARK E. COLLINS CUMBERLAND COUNTY I DEFENDANT(S) SERVE MARK E. COLLINS AT 319 CHARLES ROAD MECHANICSBURG, P A 17050 No. 05-4747 CIVIL TERM f~~'ddld\ ACCT. #8471434848 Type of Action - Notice of Sherifrs Sale Sale Date: MARCH 7,2007 Served and made known to ...M Q,.." (;. at~o'c1ockl2m.,at~1 q SERVED (0 ( {,' t'\. ~ . Defendant, on the CJ'l.t:41' (eo S Rd. Is day of(!}c/.~b tr . 20~, , Commonwealth of Pennsylvania, in the manner described below: VDefendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age }...'lo Height$')q " Weight 2.io Race ~ Sex,lV\ Other I, b 0Lu 1 'J rt6 he/' t S ,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct 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. By: D~~ PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ISSian Expires June 16, 2008 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 - J.D. No. 62205 ~ J}/ t--:> r~ ~:;; o -n ~ r-:1:O ,. m t- ,./ -' -0 .....;,"'. ry ~rn ;0 -<. 1',.) PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103 -1814 (215) 563-7000 Washington Mutual Bank, FA, s/i/i to Homeside Lending, Inc. ATTORNEY FOR PLAINTIFF : Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Mark E. Collins Defendant( s) : No. 05-4747 C.T. ,,/ PRAECIPE TO THE PROTHONOTARY: _Please mafk the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: I/pfM- I ; ;:J;~.f /:~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 122721 , , ~ ~ ~ :3 .....4 ~ ~ fAe r ".i~ F ?? -::\('G u-, , :c"y -l '<it0, -...) C><) 0- ~ -l:> t><J A. .>> ~:!~ r"f' ~ - .!:.. ~, - -::::\ v"- ~'" g 0 5J U) ';;.c. Washington Mutual Bank, FA s/i/I to Homeside Lending, Inc. VS Mark E. Collins In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4747 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 13,2006 at 1930 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Mark E. Collins, by making known unto Phyllis Collins, wife of Mark E. Collins, at 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19,2007 at 1020 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark E. Collins located at 319 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Mark E. Collins, by regular mail to his last known address of 319 Charles Road, Mechanicsburg, P A 17050. This letter was mailed under the date of January 12,2007 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 letter of instruction from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge 30.00 315.08 15.00 15.00 .50 1.00 19.36 15.00 20.00 ). .Sb (!Jc':J' 7':/'1 5 Rfl~ jaj10t! Law Journal Patriot News Share of Bills 355.00 124.03 16.83 $ 926.80 ,/ ,-q fOIl fovl 9- So Answers: r~~~ R. Thomas Kline, Sheriff ". WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MARK E. COLLINS NO. 05-4747 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK. FA. SIIII TO HOMESIDE LENDING. INC., 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 .319 CHARLES ROAD. MECHANICSBURG. P A 17050 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK E. COLLINS 319 CHARLES ROAD MECHANICSBURG, PA 17050 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) PNC Bank, National Assocation 2730 Liberty Avenue Pittsburgh, P A 15222 5. Name and address of every other person who has any record lien on the property: Township of Hampden Last Known Address (if address cannot be reasonably ascertained, please indicate) 230 South Sporting Hill Road Mechanicsburg, P A 17055 Name 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 319 CHARLES ROAD MECHANICSBURG, PA 17050 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 17105 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Square Dept. #280601 Harrisburg, P A 17128 Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, P A 15222 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, P A 17105-8486 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. September 1 L 2006 DATE ~ t=:j.~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff 10/05/2006 15:58 FAX 92155670072 Phelan Hallinan Schmieg I4l 002 WASHINGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4747 CIVIL TERM v. MARK E. COLLINS Defendant(s). October 5, 2006 TO: MARK E. COLLINS 319 CHARLES ROAD MECHANICSBURG, P A 17050 ""THiS FiRM IS A DEBT COLLECTOR A ITEMPT1NG TO COLLECT A DEBT AND ANY /NFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFTRMED. THTS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. U Your house (real estate) at. 319 CHARLES ROAD. MECHANICSBURG. PA 17050. is scheduled to be sold at the Sheriffs Sale on MARCH 7.2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $54.554.52 obtained by WASHINGTON MUTUAL BANK. FA. 8/III TO HOMESIDE LENDING. INC. (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 OWNFtij.'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 attonley'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. 10/05/2006 15:58 FAX 92155670072 Phelan Hallinan Schmieg [4]003 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 Wlless exceptions (reasons why the proposed distribution is wrong) are tiled 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the Northeast comer of Charles Road (50 feet wide) and Del- Brook Road (60 feet wide); thence Eastwardly along Del-Brook Road, a distance of 87.5 feet to a point; thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No. 9, Block D, on the hereinafter mentioned Plan of Lots; thence Westwardly along said Lot No.9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No, 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HA VING thereon erected a one and one-half story brick and frame dwelling house. BEING the same premises which Central Penn Builders, Inc., by its Deed dated August 8, 1955, and recorded August 8, 1955, in Deed Book Q, Volume 16, Page 136 granted and conveyed unto Harry W. Micheals and Cora M. Micheals, his wife. The said Harry W. Micheals having died on October 5, 1980, thereby vesting title in Cora M. Micheals, the surviving tenant by entirety. Being Parcel # 10-21-0279-285 BEING No. 319 Charles Road, Mechanicsburg, P A 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark E. Collins, by Deed from Cora M. Micheals, widow, dated 7-12-91, recorded 7-15-91 in Deed Book 35F, page 278. WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4747 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, S/I/I TO HOMESIDE LENDING, INC., Plaintiff (s) From MARK E. COLLINS (1) You are directed to levy upon the property of the defendant (s )and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,554.52 L.L. $.50 Interest FROM 9/11/06 TO 12/6/06 (PER DIEM - $8.97) -- $771.42 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $118/80 Plaintiff Paid Other Costs Date: SEPTEMBER 21, 2006 (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 lUB~i31~S ~lB~sglB~lI -'\/\, l'V"'I();\il , ~ '''',YJ r rl \ ,'1 \j J i r ,/, :A8 900Z 'I € l~qolJO :~lBa .U!~l~q P~lB10dJOJU! ~JU~l~J~l S!ql Aq pUB lpM S!ql ql!M P~lY "v" l!q!qXg UO p~qpJS~p Ann] ~lOUl '1bnqsJ!UBqJ~W 'PBOlI S~pBq;) 6 I € SB p~l~qUlnu pUB UMOU)I Vd 'AlUnO;) pUBp~qUln;) 'd!qSUMOl U~pdUlBH U! p~lBnl!S All~dold IB~l ~ql U! lS~l~lU! s, lUBPU~J~P ~ql uodn P~!A~l JJP~qS ~ql 900Z 'I € l~qolJO uO € I # ~lBS ~lBlsg IB~lI ~'!'f~ €B c;::::.3 \~ t~ <3 LO :b v' (j"/ '-,,1,' J,' an07 1(., "_"-' IU (. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : SSe 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: January 26, 2007 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. ~ .b1Qt <;a l'y r NOTA'R!ALSEAl i LO~S F ._3NV~ER, N~tary Public 5,', ,,',,' Unr;), i",..\,Jm, "bena,nd County , M'; i;:1(P'!'8S tv1arch 5, 2009 L.~~:'A",~I,...>~,-_",-~;'ltI.t.".-_,.,~"".,1IF;';<'~ REAL ESTATE SALE NO. 13 Writ No. 2005-4747 Civil Washington Mutual Bank, FA s/i/i to Homeside Lending, Inc. vs. Mark E. Collins Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point the North- east corner of Charles Road (50 feet wide) and Del-Brook Road (60 feet wide); thence Eastwardly along Del- Brook Road, a distance of 87.5 feet to a point: thence Northwardly on a line parallel with Charles Road, a distance of 85 feet to Lot No.9, Block D, on the hereinafter men- tioned Plan of Lots; thence West- wardly along said Lot No.9, Block D, a distance of 87.5 feet to the Easterly line of Charles Road; thence Southwardly along the Easterly line of Charles Road, a distance of 85 feet to North side of Del-Brook Road, the place of BEGINNING. BEING Lot No. 10, Block D, Plan No, 1 of Del-Brook Manor, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 6, Page 42. HAVING thereon erected a one and one-half story brick and frame dwelling house. BEING the same premises which Central Penn Builders, Inc.. by its Deed dated August 8, 1955, and recorded August 8, 1955, in Deed Book g, Volume 16. Page 136 granted and conveyed unto Harry W. Micheals and Cora M. Micheals, his wife. The said Harry W. Micheals having died on October 5, 1980, thereby vesting title in Cora M. Micheals, the surviving tenant by entirety. Being Parcel # 10-21-0279-285. BEING No. 319 Charles Road, Mechanicsburg, PA 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark E. Collins, by Deed from Cora M. Micheals, widow, dated 7-12-91. recorded 7- 15-91 in Deed Book 35F. page 278. - 'l.o . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth ofPelillsylvania, County of Dauphinl 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 Conunonwealth 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 smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th day(s) of January 2007. 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 Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SA L E #13 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 w. _e.~ .....d' 'III DE8C1IIP'I'ION AIL lHAT CfXfAIN;pa:e tv pmd of land situate in 1IIIIpIen~, Cumbedand ComIty, Palls,..... more pIItiaiIarly ~1I1d~~fltows,towit BIdNNlNGIl. _.,~ lXIDCl' of Cbades '10M C'O ftd wille) '... DeI-Brook Road (60 feet wide); dIta:e ~ along Del-Brook ..... . ciiIIIee Of 87.s feet to a point; ~~ ..,..bcpdlrl with Cbades.... .......tte"".LotNo. 9. ~D'.;,r'l"".of Lots;II!Irre.;.,,~"Ut No.9, BloctlXt" " ,._..~ IiDe tl c:w. ........... tihIdy aIoog the...... ~i " of 85 fed 10 '4 ....the pJp',. BFJlIfGbt Brook ~. ~6. HA_ ~JJ(-~. ._ClIIO-baIf stoty.tiiili" , BeiDa-.. BuiIdm, lIIId __ PA" ;" RBJIItJ ' 'ITIfB.', "IS VIlS1ED IN Madt E. CoIIlIa. by''''. Cora M. ~ ......,.. 7-M .....,,;;fS. _I' '.- ,n&.