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HomeMy WebLinkAbout05-5776 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, SIIII TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORPORATION 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C!.;u;L ~82-hl. Plaintiff NO. OS -S'77fo v. CUMBERLAND COUNTY RONALD L. HOFFLER CASSANDRA L. HOFFLER 25 WEST LOCUST STREET MECHANICSBURG, P A 17055 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 125259 .. File #: 125259 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 ATE. .. 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, SII/I TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORPORATION 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: RONALD L. HOFFLER CASSANDRA L. HOFFLER 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/30/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GA TEW A Y FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1443, Page: 702. By Assignment of Mortgage recorded 04/03/1998 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 572, Page 846. 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 06/01/2005 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 a1\ interest due thereon are co1\ectible forthwith. File #: 125259 6. The following amounts are due on the mortgage: Principal Balance Interest 05/0112005 through 11/02/2005 (Per Diem $14.98) Attorney's Fees Cumulative Late Charges 03/3011998 to 11102/2005 Cost of Suit and Title Search Subtotal $91,112.82 2,786.28 1,250.00 186.66 $ 550.00 $ 95,885.76 Escrow Credit Deficit Subtotal 0.00 594.60 $ 594.60 TOTAL $ 96,480.36 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 96,480.36, together with interest from 11102/2005 at the rate of$14.98 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 & SCHWlIEG'L. ~'. ;.-:}-- r -, '. . , J -.::::.. / '.--- r- ,{it By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 125259 LEGAL DESCRIPTION ALL THAT CERTAIN dwelling house, numbered 25 West Locust Street, and piece or parcel ofland situate in the Borough of Mechanics burg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a post at the comer of Locust Street and Lamont Alley; thence along said Alley, south 22.25 degrees West, one hundred fifty (150) feet to a post; thence by an Alley, westward, thirty-nine (39) feet to a post; thence by lot now or formerly of Linda F. Millar, North one hundred fifty (150) feet to Locust Street; thence by said Street, east, twenty-seven (27) feet to the place of BEGINNING. BEING the same premises which Daniel R. Kruper and Faye B. George Kruper, husband and wife, by their deed dated October 29, 1993 and recorded November 3, 1993 in the Recorder of Deeds Office in and for Cumberland County in Deed Book P, Volume 36, Page 1061, granted and conveyed unto Brian P. Bleichner and Beth Bleichner, husband and wife, the Grantors herein. PROPERTY BEING: 25 WEST LOCUST STREET File #: 125259 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. ~ ~7~r;- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:Jl\ 2-\OS. () ~ ....' C) ~ -r.J , VI f") I:'::::> .." c:.? I.r\ c:: c:.11 --' ~ ::;- ~. .r:.--r. ~,.)" , 'C.S j'np Vl. \-, ..'~ ~('l ,T\ \ .~) ,-,:;; - ~ \) t,;' ..J '\i;;J -cJ ~r _.; ~ ?:~~ __~C) i _..~ .-_~,: rll ?- r- - : ~!; -- ~J:~ ~ r0 .- ~ _J - .---- " SHERIFF'S RETURN - REGULAR CASE NO: 2005-05776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK ET AL VS HOFFLER RONALD L ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE HOFFLER CASSANDRA L the DEFENDANT , at 2111:00 HOURS, on the 9th day of November, 2005 at 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 CASSANDRA L HOFFLER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 9.60 .00 10.00 .00 25.60 Sworn and Subscribed to before me this f.-& day of A.D. So Answers: _ ;::cr /'''. .",.?"" -.p I."L . <,-r _' _.".,_ ;?""':." ~':", . . . , ,,+'-~,/ .' <./'~ . _ . c- ...'-f' '. x , R. Thomas Kline 11/30/2005 PHELAN HALLINAN }CijMIEG By: ld .. SHERIFF'S RETURN - REGULAR CASE NO: 2005-05776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK ET AL VS HOFFLER RONALD L ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFLER RONALD L the DEFENDANT , at 2105:00 HOURS, on the 29th day of November, 2005 at 124 WOODS DRIVE MECHANICSBURG, PA 17055 by handing to RONALD HOFFLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.56 .00 10.00 .00 38.56 ,r~==t:<-~ R. Thomas Kline 11/30/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: A~ me this ,"" {.,~ day of ~ . Per-.' nota A.D. 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., S/B/M TO FLEET MORTGAGE CORPORATION 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-5776 CIVIL TERM v. RONALD L. HOFFLER CASSANDRA L. HOFFLER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RONALD L. HOFFLER and CASSANDRA L. HOFFLER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 11/3/05 to 1/5/06 TOTAL $96,480.36 $958.72 $97,439,08 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. JJ;wJJi _1 cL;} DANIEL G. SCHMIEG, ESQt5IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. a. 7 DATE, J"., '-, "'- '>>.tif-A>; PRO PROTHY ( _/- 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 \400 Philadelphia, PA \9\03 (? 1 'i) %,-7000 WASHINGTON MUTUAL BANK, FA, S/I/I TO : COURT OF COMMON PLEAS WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 05-5776 CIVIL TERM RONALD L. HOFFLER CASSANDRA L. HOFFLER Defendants TO: RONALD L. HOFFLER 124 WOODS DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: OFCFMRFR 20 2nn~ 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 DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE 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. IFYOU 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 INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA \7013 (800)990-9108 1b..a'l1A:'-? A 1~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 I? 1 'i) 'i~1-7000 WASHINGTON MUTUAL BANK, FA, SIIII TO : COURT OF COMMON PLEAS WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 05-5776 CIVIL TERM RONALD L. HOFFLER CASSANDRA L. HOFFLER Defendants TO: CASSANDRA L. HOFFLER 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: DFCFMRFR 20 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 DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE 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 MAY BE 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~"'''<:'2J_1~'1 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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., SIDTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 W ASIDNGTON MUTUAL BANK, FA, S/I/I TO W ASIDNGTON MUTUAL HOME LOANS, INC., CUMBERLAND COUNTY S/BfM TO FLEET MORTGAGE CORPORATION COURT OF COMMON PLEAS 11200 WEST P ARKLAND AVENUE CIVIL DIVISION Plaintiff, NO. 05-5776 CIVIL TERM v. RONALD L. HOFFLER CASSANDRA L. HOFFLER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RONALD L. HOFFLER is over 18 years of age and resides at , 124 WOODS DRIVE, MECHANICSBURG, PA 17055. (c) that defendant CASSANDRA L. HOFFLER is over 18 years of age, and resides at, 25 WEST LOCUST STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,f)~Jj_A~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff c XJ P ~ \f. 1 ....() L B, (") .-~ 0 - ';..:> -n r - ..J::. C:J', ~ ~ c.. .-1 l:3 T i':"-l;2 -,,'" , iT, ~ ).J I C ~ W 0' ~ -- t :.-',.. ~ - -C... ..c.. .. -- ,--... C..) (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW W ASmNGTON MUTUAL BANK, FA, S/I/I TO W ASmNGTON MUTUAL HOME LOANS, INC., SIB/M TO FLEET MORTGAGE CORPORATION 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-5776 CIVIL TERM v. RONALD L. HOFFLER CASSANDRA L. HOFFLER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been (:ntered against you on _ )::z.) &. 200.t.. BY~ If you have any questions concerning this matter, please contact: tlvvd JI J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 16]7 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 INFORMA nON 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-* , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASIDNGTON MUTUAL BANK, FA, S/IJI TO WASHINGTON MUTUAL HOME LOANS, INC., Sl8fM TO FLEET MORTGAGE CORPORATION Plaintiff, No. 05-5776 CIVIL TERM v. RONALD L. HOFFLER CASSANDRA L. HOFFLER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $97,439.08 Interest from 1/5/06 to JUNE 7, 2006 (per diem -$16.02) $2,451.06 and Costs TOTAL $99,890.14 5Ja~Jj_J~~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 1Cl 1Cl 0 r-- ... ~ 1Cl~ ~tS r--c' "'p ~al ~m 'U ~~ s~ me ~ ~~ ~~ ~ ~ ~ . ~fi'l .... e~ ~..... ~~~z ... < ~~ fi'l.... c' C ~~ -d ....~ ~%~g c'~ <J) ~~ .m b ~z fi'l... ~~ ~~o~ \;>l... fi'la .~ ~m if> ~~ ~ '" ...c .~ ~c p '$~ al......O o~ .s '$ . 'i~~~ 0% OJ P-< mO ~ ot: %~ 'a~ "" ~.... e uZ pz~O ,;, ~~ ~..B 0'" if> ... ~~ ~G O~ \j ...p "'o<llU 00 i'" .t fi'l ~~ ~~ . e ~~ g. U t;:)UI.:i ~o P< ~~ z~ "~ ~ ~ '" zz~~ ...C ....1Cl ~ 5~ 0$ .I.:i o<ll \;>l6 ....... ... <Il'" ~~ ~ ~ ~ ~~ I.:i~~~ U '0 ;j, if> $~o'$ ~ '" .;,; ..\:l e~ 0.... '" ~ ,.;:: ~... ~ ... ~p ~ U :E ~~~ ~ ~ .(Q.. 9-..\w- i0' - " VI ~ ~ T-' 0' . . . f ~ V\ - VI I) 8 \ ~ 0 \) ~ c ~ () c c- o fi I I -.) -I:. -- \ \ \ \ r~ '" -.I 0) <>7 -t; ~ (' ~ ~ ~ -.0 '-' - - ~ ~ - f - :: --s' 'v v. - ~~ w c" - - r'-\ - . ~ ;qr I ..------- " DESCRIPTION ALL THAT CERTAIN dwelling house, numbered 25 West Locust Street, and piece or parcel ofland situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a post at the comer of Locust Street and Lamont Alley; thence along said Alley, south 22.25 degrees West, one hundred fifty (150) feet to a post; thence by an Alley, westward, thirty-nine (39) feet to a post; thence by lot now or formerly of Linda F. Millar, North one hundred fifty (150) feet to Locust Street; thence by said Street, east, twenty-seven (27) feet to the place of BEGINNING. BEING the same premises which Daniel R. Kruper and Faye B. George Kruper, husband and wife, by their deed dated October 29, 1993 and recorded November 3, 1993 in the Recorder of Deeds Office in and for Cumberland County in Deed Book P, Volume 36, Page 1061, granted and conveyed unto Brian P. Bleichner and Beth Bleichner, husband and wife, the Grantors herein. Being Parcel # 16-23-0565-066 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ronald L. Hoffler and Cassandra L. Hoffler, husband and wife, by Deed from Brian P. Bleichner and Beth Bleichner, husband and wife, dated 3-30-98, recorded 4-3-98 in Deed Book 174, page 942. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Brian P. Bleichner and Beth Bleichner, husband and wife, by Deed from Daniel R Kruper and Faye B. George Kruper, husband and wife, dated 10-29-93, recorded 11-3-93 in Deed Book P-36, page 1061. PREMISES BEING: 25 WEST LOCUST STREET, MECHANICSBURG, P A 17055 ~ G.) -, r n _.J WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5776 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA SllII TO WASHINGTON MUTUAL HOME LOANS, INC., SIBIM TO FLEET MOltrGAGE CORPORATION, Plaintiff (s) From RONALD L. HOFFLER AND CASSANDRA L. HOFFLER (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 ganlishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,439.08 LL $.50 Interest FROM 1/5/06 TO 6/7/06 (PER DIEM - $16.02) - $2,451.06 AND COSTS Atty's Comm % Due Pro thy $1.00 Atty Paid $146.16 Other Costs Plaintiff Paid Date: JANUARY 13,2006 l (Seal) Prothonotary 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 lD No. 62205 ... WASHINGTON MUTUAL BANK, FA, SIIII TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION RONALD L. HOFFLER CASSANDRA L. HOFFLER NO. 05-5776 CIVIL TERM Defendant(s). AFFIDAvIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK. FA, smI TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORPORATION, 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 ,25 WEST LOCUST STREET, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD L. HOFFLER 124 WOODS DRIvE MECHANICSBURG, PA 17055 CASSANDRA L. HOFFLER 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 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) 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/Occnpant 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 ofl8 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. January 11. 2006 DATE ~~J1Jct~ DANIEL G. SCHMIEG, ES~ Attorney for Plaintiff C":J c C) ~','1 :.~j ~ ;1 C,) 'c':) {;1 -, PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIIII TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-5776 CIVIL TERM RONALD L. HOFFLER CASSANDRA L. HOFFLER 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: (X) an FHA mortgage () non-owner occupied () vacant o 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. ifJ~Jj JJt . DANIEL G. SCHMIEG, ES~ Attorney for Plaintiff C"\ ~:?, (- ,.1 ( , _.~ \ WASHINGTON MUTUAL BANK, FA, SIIII TO WASHINGTON MUTUAL HOME LOANS, INC., S/BIM TO FLEET MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-5776 CIVIL TERM v. RONALD L. HOFFLER CASSANDRA L. HOFFLER Defendant(s). January II, 2006 TO: RONALD L. HOFFLER 124 WOODS DRIVE MECHANICSBURG, PA 17055 CASSANDRA L. HOFFLER 25 WEST LOCUST STREET MECHANICSBURG, P A 17055 "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. 25 WEST LOCUST STREET. MJi:CHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $97.439.08 obtained by WASHINGTON MUTUAL BANK. FA. S/I/I TO WASHINGTON MUTUAL HOME LOANS. INC.. S/BIM TO FLEET MORTGAGE CORPORATION (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: I. The sale will be cancelled if you pay to the mortgagee the back payments. late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. : ( You may need an attorney to assert your rights. The sooner you (:ontact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 : f DESCRIPTION ALL THAT CERTAIN dwelling house, numbered 25 West Locust Street, and piece or parcel ofland situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a post at the comer of Locust Street and Lamont Alley; thence along said Alley, south 22.25 degrees West, one hundred fifty (150) feet to a post; thence by an Alley, westward, thirty-nine (39) feet to a post; thence by lot now or formerly of Linda F. Millar, North one hundred fifty (150) feet to Locust Street; thence by said Street, east, twenty-seven (27) feet to the place of BEGINNING. BEING the same premises which Daniel R. Kruper and Faye B. George Kruper, husband and wife, by their deed dated October 29,1993 and recorded November 3,1993 in the Recorder of Deeds Office in and for Cumberland County in Deed Book P, Volume 36, Page 1061, granted and conveyed unto Brian P. Bleichner and Beth Bleichner, husband and wife, the Grantors herein. Being Parcel # 16-23-0565-066 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ronald L. Hoffler and Cassandra L. Hoffler, husband and wife, by Deed from Brian P. Bleichner and Beth Bleichner, husband and wife, dated 3-30-98, recorded 4-3-98 in Deed Book 174, page 942. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Brian P. Bleichner and Beth Bleichner, husband and wife, by Deed from Daniel R Kruper and Faye B. George Kruper, husband and wife, dated 10-29-93, recorded 11-3-93 in Deed Book P-36, page 1061. PREMISES BEING: 25 WEST LOCUST STREET, MECHANICS BURG, P A 17055 - (.J c c;:) ,- .- AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF WASHINGTON MUTUAL BANK, FA, SIIII TO WASHINGTON MUTUAL HOME LOANS, INC., SIBIM TO FLEET MORTGAGE CORPORATION PMB No. 05-5776 CIVIL TERM ACCT. #8005079416 DEFENDANT(S) RONALD L. HOFFLER CASSANDRA L. HOFFLER Type of Action - Notice of Sheriff's Sale SERVE CASSANDRA L. HOFFLER AT 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 Sale Date: ruNE 7, 2006 SERVED ,20010:, at Iv: 3(. '1~ , o'clock L,m., at .:?\::> .' 1 f-t,! LD( \/$'\ , Defendant, on the ~~~ _ day of Jc,~u",y s+ 1))-ed.'c~'ICS bl/YJ PH \70S) Served and made knOW'll to (~:;~J""r,A'-'Ci ,/-i-'(JJ--f/..<'/ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) residers). 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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~o Height~' Weight ~ Race ~ Sex.L Other I, _ ~c. C;' (,,\....... Ph,' S- , a competent adult, being duly sworn according to law, depose and state that 1 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. ::e/dS~~ ~ C ta -=-- By: if'"" {;}-.^-- L (LJ...;-..." PT SERVICE A L~AS 3 TIMES. INDICATE DATES & TIMES OF SERVICE - ATTEMPTED. tate CI New Jersey A TRICIP, E. HARRIS Commission 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" Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscnbed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff naniel G. Schmieg, Esquire -I.D. No. 62205 ~~ 3& (") c: (- ....., <:~.:'.;I ~~ c;""> o -n ::r!~ nl-....j r- Tl'rr. :~?J9 .~?(l_, .~-"':,' ;~J~q on'i ~"G! ':JJ -< <- :';:.... -~ w ,7.);~ -,,,... -:;'." <;;> .!:"" en . . Washington Mutual Bank, FA s/i/I to Washington Mutual Home Loans, Inc. slb/m to Fleet Mortgage Corporation VS Ronald L. Hoffler and Cassandra L. Hoffler The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5776 Civil Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 15,2006 at 8:07 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 defendant, to wit: Ronald L. Hoffler, by making known unto Ronald L. Hoffler, personally, at 124 Woods Drive, Lot IIA, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 16,2006 at 4:18 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 defendant, to wit: Cassandra L. Hoffler, by making known unto Cassandra L. Hoffler, personally, at 25 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2006 at 1:03 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 Ronald L. Hoffler and Cassandra L. Hoffler located at 25 West Locust Street, Mechanicsburg, 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: Ronald L. Hoffler and Cassandra L. Hoffler by regular mail to their last known address of25 West Locust Street, Mechanicsburg, PA 17055. These letters were mailed under the date of April 06, 2006 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. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Law Library Prothonotary Mileage 30.00 5.76 15.00 15.00 15.00 30.00 .50 1.00 19.60 ~ ~\) \. <.Jt.~'i'\o ~_i'lnS'f , Postage Law Journal Share of Bills 1.17 141.00 19.57 $293.60 Sworn and subscribed to before me 2006, A.D. ~~~ , - ~ R. Thomas Kli e, Sheriff BY \.Iod~c~~ Real Estate ergeant . WASHINGTON MUTUAL BANK, FA, SIIfI TO WASHINGTON MUTUAL HOME LO~, INC., SIBIM TO FLEET MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v, CIVll. DIVISION RONALDL.HOFFLER CASSANDRA L. HOFFLER NO. 05-5776 CIVll. TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASIDNGTON MUTUAL BANK. FA. SM TO WASIDNGTON MUTUAL HOME LOANS. INC.. S/B/M TO FLEET MORTGAGE CORPORATION. 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 .25 WEST LOCUST STREET. MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RONALD L. HOFFLER 124 WOODS DRIVE MECHANICSBURG, PA 17055 CASSANDRA L. HOFFLER 25 WEST LOCUST STREET MECBANICSBURG, PA 17055 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 holSer 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 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 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 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. J anuarv 1 1. 2006 DATE fr~J1J~ DANIEL G. SCHMIEG, ES<f(nRE Attorney for Plaintiff .. WASHINGTON MUTUAL BANK, FA, SM TO WASHINGTON MUTUAL HOME LOANS, INC., SIBIM TO FLEET MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-5776 CIVIL TERM v. RONALD L. HOFFLER CASSANDRA L. HOFFLER Defendant(s). January 11, 2006 TO: RONALD L. HOFFLER 124 WOODS DRIVE MECHANICSBURG, PA 17055 CASSANDRA L. HOFFLER 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A1TEMPTING 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 SHOUW NOT BE CONSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at. 25 WEST LOCUST STREET. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriff's Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $97.439.08 obtained by WASHINGTON MUTUAL BANK. FA. SM TO WASHINGTON MUTUAL HOME LOANS. INC.. SIBIM TO FLEET MORTGAGE CORPORATION (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 Sheriff's 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. I , You may need an attorney to ass~ 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 Sherifl's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out 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 mav not be sold in the absence of a reoresentative of the olaintiff 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, P A 17013 (717) 249-3166 (800) 990-9108 .. r DESCRIPTION ALL THAT CERTAIN dwelling house, numbered 25 West Locust Street, and piece or parcel of land situate in the Borough of Mechanics burg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a post at the corner of Locust Street and Lamont Alley; thence along said Alley, south 22.25 degrees West, one hundred fifty (150) feet to a post; thence by an Alley, westward, thirty-nine (39) feet to a post; thence by lot now or formerly of Linda F. Millar, North one hundred fifty (150) feet to Locust Street; thence by said Street, east, twenty-seven (27) feet to the place of BEGINNING. BEING the same premises which Daniel R. Kruper and Faye B. George Kruper, husband and wife, by their deed dated October 29, 1993 and recorded November 3, 1993 in the Recorder of Deeds Office in and for Cumberland County in Deed Book P, Volume 36, Page 1061, granted and conveyed unto Brian P. Bleichner and Beth B1eichner, husband and wife, the Grantors herein. Being Parcel # 16-23-0565-066 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ronald L. Hoffler and Cassandra L. Hoffler, husband and wife, by Deed from Brian P. Bleichner and Beth Bleichner, husband and wife, dated 3-30-98, recorded 4-3-98 in Deed Book 174, page 942. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Brian P. Bleichner and Beth Bleichner, husband and wife, by Deed from Daniel R Kruper and Faye B. George Kruper, husband and wife, dated 10-29-93, recorded 11-3-93 in Deed Book P-36, page 1061. PREMISES BEING: 25 WEST LOCUST STREET, MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANIAj COUNTY OF CUMBERLAND) NO 05-5776 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASffiNGTON MUTUAL BANK, FA S/I/I TO WASHINGTON MUTUAL HOME LOANS, INC., S/B/M TO FLEET MORTGAGE CORPORATION, Plaintiff(s) From RONALD L. HOFFLER AND CASSANDRA L. HOFFLER (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) 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 $97,439.08 L.L. $.50 Interest FROM 1/5/06 TO 6/7/06 (PER DIEM - $16.02) - $2,451.06 AND COSTS Ally's Conun % Due Prothy $1.00 Ally Paid $146.16 Other Costs Plaintiff Paid Date: JANUARY 13, 2006 j!~ By: (Seal) 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 , Real Estate Sale # 38 On February 14,2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 25 West Locust Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14,2006 By: J~S~ Real E~~ate Sergeant ~ ~ Gi> ij:\'ti hl :01 \;j hl NVr GOOl Vd 'AHlIIlJJ UNVIl:J3liWn:J ;l::l1l:l3HS 3Hl dO 3:JI.:UO 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: April 7, 14,21,2006 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 statffilents as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 ~:'."'" .SE:AL LC'~ r:. :'f~r.:R, r\!0~iJ.rv "uhlic c. I r "CUH:0f: ~ .r,"j C:our,~ t' \.". ,~ " pc: ~v'1rch 0: ">o~ !.....:.,...........'.",-..,...,.."...w,""',.A.4>- . II&AL ..-rAft MJ.& 1fO. 38 Writ No. 2005-5776 eMl Washington Mutual Bank. FA s/I/1 to Washington Mutual Home Loans. Inc. s/b/m to Fleet Mortgage Corporation vs. Ronald L. HaIDer and Cassandra L. Homer Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN dwelling house. numbered 25 West Locust Street. and piece or parcel of land situate In the Borough of Mechanicsburg, Cumberland County. Pennsylvania. more par- ticularly bounded and described as , follows. to wit: BEGINNING at a post at the cor- ner of Locust Street and Lamont Alley; thence along said Alley. south 22.25 degrees West, one hundred fifty (15O) feet to a post; thence by , an Alley. westward. thIrty-nlne (39) r-t 14 a poot: _ by \at __ or fw..-ty of LInda F. MI1Iar. Nclrlh one hundred fifty {J!501 feet to L0- CUM Street: thence by _ street. edt, twenty-oeven (27) feet to the '*"'" of BEGINNING. BEING the same premises which Daniel R. Kruper and Faye B. George Kruper. husband and wtfe. by their deed dated October 29. 1993 and recorded November 3. 1993 In the Recorder of Deeds Of- fice in and for Cumberland County In Deed Book P. Volume 36. Page 1061. granted and conveyed unto Brian P. Blelchner and Beth Blelchner. husband and wife. the Grantors herein. BeIng Parcel # 16-23-0565-066 RECORD OWNER TITLE TO SAID PREM[SES [S VESTED IN Ronald L. Hoffler and Cassandra L. HaIDer. husband and WIfe, by Deed from Brian P. BleIclmer and Beth BleJchner. hus- band and wtfe. dated 3-30-98, re- corded 4-3-98 In Deed Book 174. page 942, PRIOR DEED INFORMATION TITLE TO SAID PREM1SES IS VESTED IN Brian P. Bleichner and Beth Bleiclmer. husband and wife, by Deed from Dantel R Kruper and Faye B. George Kruper. husband and wtfe. dated 10-29-93. recorded 11-3-93 In Deed Book P.36. page 106l. PREMISES BEING: 25 WEST LOCUST STREET. MECHANICS- BURG. PA 17055.