HomeMy WebLinkAbout06-0437
..
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
PNC BANK, NA
11200 WEST PARKLAND AVE.
MILWAUKEE, WI 53224
ATTORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
c; u ~ L J'Cfi..h].
v.
NO.Ol... - J..f]'7
CUMBERLAND COUNTY
DOUGLAS L. SHELLEHAMER
328 SOUTH 5TH STREET
LEMOYNE, P A 17043
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH 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
1,_1
File #: 129078
File #: 129078
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.
c'
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE,
1. Plaintiff is
PNC BANK, NA
11200 WEST PARKLAND AVE.
MILWAUKEE, WI 53224
2. The name(s) and last known addressees) of the Defendant(s) are:
DOUGLAS L. SHELLEHAMER
328 SOUTH 5TH STREET
LEMOYNE, P A 17043
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 07/15/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PNC MORTGAGE CORP. OF AMERICA which mortgage is recorded
in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1331, Page: 878.
PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an
assignment of same.
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 09/01/2005 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.
File #: 129078
'"
6. The following amounts are due on the mortgage:
Principal Balance
Interest
08/01/2005 through 01/20/2006
(Per Diem $7.89)
Attorney's Fees
Cumulative Late Charges
07/15/1996 to 01/20/2006
Cost of Suit and Title Search
Subtotal
$39,745.23
1,364.97
1,250.00
16.20
$ 550.00
$ 42,926.40
Escrow
Credit
Deficit
Subtotal
59.35
0.00
$- 59.35
TOTAL
$ 42,867.05
7. The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 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.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$
42,867.05, together with interest from 01/20/2006 at the rate of $7.89 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 HALL~ & SCHMIEG, LLP ".
c<r~. /" ,-:;U~____
By: /sIFrancis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 129078
.
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel ofland situate in the Borough of Lemoyne, County of Cumberland,
Commonwealth of Pennsylvania, being more fully described as follows:
BEGINNING at a point, said point being located on the legal right-of-way line of Fifth Street at the dividing line of Lot
NO.9 and Lot No. 10, PreliminarylFinal Subdivision Plan for Michael Manning & Associates, Recorded in Plan Book 71,
Page 136. Thence by said right-of-way line North 39 degrees 54 minutes 30 seconds West a distance of 42.76 feet to a
point at the intersection of the legal right-of-way line of Fifth Street and the legal right-of-way line of Plum Alley. Thence
by the legal right-of-way line ofplum Alley, North 50 degrees 05 minutes 30 seconds East a distance of 71.00 feet to a
point at the dividing line of Lot No.6 and Lot No. 10, herein described. Thence by said dividing line, South 39 degrees 54
minutes 30 seconds East a distance of 42.76 feet to a point at the dividing line of Lot No.9 and Lot No. 10, herein
described. Thence by said dividing line, South 50 degrees 05 minutes 30 seconds West a distance of71.00 feet to a point,
the place of beginning.
BEING Lot No. 10, containing 3,035.96 square feet, as shown on PreliminarylFinal Subdivision Plan for Michael
Manning & Associates, recorded in Plan Book 71, page 136.
BEING subject to a 15 foot wide driveway easement, parallel with the northern property line of Lot No. 10, in favor of
Lot NO.6 and Michael Manning & Associates as shown on drawing number 91-76.10 attached hereto.
BEING further subject to all easements of record.
BEING PART OF THE SAME PREMISES which C. S. Willis & Sons, Inc., a Pennsylvania corporation, by its deed
dated November 15, 1995 and recorded November 16,1995 in the office of the Recorder of Deeds for Cumberlantl,
County in Deed Book 131, Page 415 granted and conveyed to Michael Manning and Associates, a Pennsylvania General,:
Partnership. Cl
I
PARCEL NO. 12-22-0822-316
a
PROPERTY BEING: 328 SOUTH 5TH STREET
'1 ,:,-,
d.
"
File #: 129078
I'
VRRIFIrATTON
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention
to substitute a verification from Plaintiff as soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
~ J M-,--
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
DATE: .J ) D/Ob
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00437 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA
VS
SHELLEHAMER DOUGLAS L
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SHELLEHAMER DOUGLAS L
the
DEFENDANT
, at 1200:00 HOURS, on the 26th day of January , 2006
at 328 SOUTH 5TH STREET
LEMOYNE, PA 17043
by handing to
DOUGLAS SHELLEHAMER
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
18.00
14.08
.00
10.00
.00
42.08
So Answers:
~L-;..";::/ . j~
r /?~,"':;''':->;1.~r;';':<, ..fr_~~
, .
R. Thomas Kline
01/27/2006
PHELAN HALLINAN SCHMIEG
Sworn and Subscribed to before
By:
p, ~;I! ~
Deputy Sheriff ~
me this ~O "f:
day of
A.D.
y
.
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
PNC BANK, N.A.
11200 WEST PARKLAND AVNUE
MILWAUKEE, WI 53224
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 06-437
DOUGLAS L. SHELLEHAMER
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 DOUGLAS L.
SHELLEHAMER, 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 1/21/06 to 3/1 0/06
TOTAL
$42,867.05
$ 1,279.80
$44,525.57
I hereby certify that (I) 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, co y ~ched.
/ I ()
I 1\, (,
V ~1)llU[L
DAN . S Mlli'P'/E QUIRE
..~or Plaintiff
\
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: '1-11-0' CU.,^'l.uJ f. ~U .
PRO PROTHY cr
.
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PNC BANK, N.A.
11200 WEST PARKLAND A VNUE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL Dl"lSION
v.
NO. 06-437
DOUGLAS L. SHELLEHAMER
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
3-q
20~.
If you have any questions concerning this matter, please contact:
----.,.,
~ -'-.
. D
'----:..
('
,
ANIEL G. SCHMIE, .
'. Attorney.fpr Plaintiff f
'01ilEPENN CENTER AT SUBURBAN STAT
1617 JOHNF. KENNEDY BLVD., SUITE 140
PHILADELPHIA, PA 19103-1814
(215) 563-7000
'.THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY..'
-
.
;>HELAN HALLINAN AND SCHMIEG
By: Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
One Penn Ceoter Plaza, Suite 1400
Philadelphia, PA 19103
(? I ';) ';61.7000
PNC BANK, N.A.
ATTORNEY FOR PLAfNTIFF
J
: COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
Vs.
: CUMBERLAND COUNTY
DOUGLAS L. SHELLEHAMER
Defendants
: NO. 06-427
TO: DOUGLAS L. SHELLEHAMER
328 SOUTH 5TH STREET
LEMOYNE, PA 17043
aE tOft
DATE OF NOTICE: FFRRIl ARV 16.2006
TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TillS 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 RECENED A DISCHARGE IN BANKRUPTCY, TIllS 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 MAYBE 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 IDRE 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 ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(800)990-9108
1Itnv ^^ 1\ l=!11~
NCIS 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., SIDTE 1400
PIllLADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY F'OR PLAINTIFF
i
PNC BANK, N.A.
11200 WEST PARKLAND A VNUE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DI"lSION
v.
NO. 06-437
DOUGLAS L. SHELLEHAMER
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 DOUGLAS L. SHELLEHAMER is over l8 years of age and
resides at, 328 SOUTH 5TH STREET, LEMOYNE, PA 17043.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
"
. ~ 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
PHlLADELPHIA,PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
I
PNC BANK, N.A.
11200 WEST PARKLAND AVNUE
CUMBERI.AND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 06-437
DOUGLAS L. SHELLEHAMER
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 DOUGLAS L. SHELLEHAMER is over 18 years of age and
resides at, 328 SOUTH 5TH STREET, LEMOYNE, PA 17043.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
PNC BANK, N.A.
Plaintiff,
v.
No. 06-437
DOUGLAS L. SHELLEHAMER
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$44,525.57
Interest from 3/10/06 to SEPTEMBER 6, 2006
(per diem -$7.11)
$1,279.80 and Costs
TOTAL
$44,525.57
-------,
Note: Please attach description of property.No.
IMPORTANT NOTICE: Tnis 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.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-437 Civil
CIVIL ACTION -- LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, N.A., Plaintiff (s)
From DOUGLAS L. SHELLEHAMER
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRITPION .
(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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $44, 525.57
L.L. $.50
Interest FROM 3/10/06 TO 9/6/06 (PER DIEM - $7.11) -- $1,279.80 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $124.08
Plaintiff Paid
Date: APRIL 7, 2006
Other Costs
CURTIS R. LONG
(Seal)
ProthonotaJY _
<~y: d;;n..vc. /<;) ~--2--1<I' ~
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
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
ALL THAT CERTAIN piece or parcel ofland situate in the Borough of Lemoyne, County ofCwnberland,
Commonwealth of Pennsylvania, being more fully described as follows:
BEGINNING at a point, said point being located on the legal right.of-way line of Fifth Street at the
dividing line of Lot No.9 and Lot No. 10, PreliminarylFinal Snbdivision Plan for Michael Manning &
Associates, Recorded in Plan Book 71, Page 136. Thence by said right-of-way line North 39 degfees 54
minutes 30 seconds West a distance of 42.76 feet to a point at the intersection of the legal right-of.way line
of Fifth Street and the legal right-of-way line of Plum Alley. Thence by the legal right-of-way line of Plum
Alley, North 50 degrees 05 minutes 30 seconds East a distance of 71.00 feet to a point at the dividing line
of Lot No.6 and Lot No. 10, hefein described. Thence by said dividing line, South 39 degrees 54 minutes
30 seconds East a distance of 42.76 feet to a point at the dividing line of Lot No.9 and Lot No. 10, herein
described. Thence by said dividing line, South 50 degrees 05 minutes 30 seconds West a distance of 71.00
feet to a point, the place of beginning.
BEING Lot No. 10, containing 3,035.96 square feet, as shown on PreliminarylFinal Subdivision Plan for
Michael Manning & Associates, recorded in Plan Book 71, page 136.
BEING subject to a 15 foot wide driveway easement, parallel with the northern property line of Lot No. 10,
in favor of Lot No.6 and Michael Manning & Associates as shown on drawing number 91-76.10 attached
hereto.
BEING further subject to all easements of record.
BEING PART OF THE SAME PREMISES which C. S. Willis & Sons, Inc., a Pennsylvania corporation,
by its deed dated November 15, 1995 and recorded November 16, 1995 in the office of the Recorder of
Deeds for Cumberland County in Deed Book 131, Page 415 granted and conveyed to Michael Manning and
Associates, a Pennsylvania Genefal Partnership.
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Douglas L. Shellehamer, by Deed from Michael Manning
and Associates, a Pennsylvania General Partnefship Consisting of Michael C. Manning and James W.
D'Angelo, partners, dated 07-15-96, recorded 07-17-96 in Deed Book 142, page 953.
PRIOR DEED INFORMATION
TITLE TO SAID PREMISES IS VESTED IN Michael Manning and Associates, by Deed from C.S Willis
and Sons, Inc., dated 11-15-95, recorded 11-16-95, in Deed Book 131, page 415.
Premises: 328 South 5th Street, Lemoyne, P A 17043
-
PNC BANK, N.A.
CUMBERLAND COUNTY
.
Plaintiff,
v.
COURT OF COMMON PLEAS
DOUGLAS L. SHELLEHAMER
CIVIL DIVISION
Defendant(s).
NO. 06-437
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
PNC BANK., N.A., 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 ,328 SOUTH 5TH STREET, LEMOYNE, fA 17043 .
I. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DOUGLAS L. SHELLEHAMER
328 SOUTH 5TH STREET
LEMOYNE, PA 17043
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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)
HINDES FAMILY TRUST, WALTER E. HINDES
AND JUDITH A. HINDES, TRUSTEE
28 WEST SIMPSON STREET
MECHANICSBURG, PA 17055
EQUlCREDIT CORPORATION OF AMERICA
10401 DEERWOOD PARK BLVD.
JACKSONVILLE, FL 32256-0503
..
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)
NICOLE L. SHELLEHAMER
47764 CALE ZAFIRO
INDIO, CA 92201
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
328 SOUTH 5TH STREET
LEMOYNE, PA 17043
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of WeIfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
L,"
April 3, 2006
DATE
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,
PNC BANK, N.A.
CUMBERLAND COUNTY
Plaintiff,
v.
No. 06-437
DOUGLAS L. SHELLEHAMER
Defendant(s).
April 3, 2006
TO: DOUGLAS L. SHELLEHAMER
328 SOUTH 5TH STREET
LEMOYNE, PA 17043
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION
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, 328 SOUTH 5TH STREET, LEMOYNE, PA 17043, is scheduled
to be sold at the Sheriffs Sale on SEPTEMBER 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 $44.525.57
obtained by PNC BANK. N.A. (the mortgagee) against you. In the event the sale is continued, an
announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU 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 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 ifthis has happened, you may call (717) 240-6390.
4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as ifthe sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
ALL THAT CERTAIN piece or parcel ofland situate in the Borough of Lemoyne, County of Cumberland,
Commonwealth of Pennsylvania, being more fully descn1>ed as follows:
BEGlNNING at a point, said point being located on the legal right-of-way line of Fifth Street at the
dividing line of Lot No.9 and Lot No. 10, Pre\iminaryfFinal Subdivision Plan for Michael Manning &
Associates, Recorded in Plan Book 71, Page 136. Thence by said right-of-way line North 39 degrees 54
minutes 30 seconds West a distance of 42.76 feet to a point at the intersection of the legal right-of-way line
of Fifth Street and the legal right-of-way line ofPlwn Alley. Thence by the legal right-of-way line of Plum
Alley, North 50 degrees 05 minutes 30 seconds East a distance of71.00 feet to a point at the dividing line
of Lot No.6 and Lot No. 10, herein described. Thence by said dividing line, South 39 degrees 54 minntes
30 seconds East a distance of 42.76 feet to a point at the dividing line of Lot No.9 and Lot No. 10, herein
described. Thence by said dividing line, South 50 degrees 05 minutes 30 seconds West a distance of71.00
feet to a point, the place of beginning.
BEING Lot No, 10, containing 3,035.96 square feet, as shown on PreliminaryfFinal Subdivision Plan for
Michael Manning & Associates, recorded in Plan Book 71, page 136.
BEING subject to a 15 foot wide driveway easement, parallel with the northern property line of Lot No. 10,
in favor of Lot No.6 and Michael Manning & Associates as shown on drawing number 91-76.10 attached
hereto.
BEING further subject to all easements ofrecord.
BEING PART OF THE SAME PREMISES which C. S. Willis & Sons, Inc., a Pennsylvania cOrporation,
by its deed dated November 15, 1995 and recorded November 16, 1995 in the office of the Recorder of
Deeds for Cumberland County in Deed Book 131, Page 415 granted and conveyed to Michael Manning and
Associates, a Pennsylvania General Partnership.
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Douglas L. Shellehamer, by Deed from Michael Manning
and Associates, a Pennsylvania General Partnership Consisting of Michael C. Manning and James W.
D'Angelo, partners, dated 07-15-96, recorded 07-17-96 in Deed Book 142, page 953.
PRIOR DEED INFORMATION
TITLE TO SAID PREMISES IS VESTED IN Michael Manning and Associates, by Deed from C.S Willis
and Sons, Inc., dated 11-15-95, recorded 11-16-95, inDeed Book 131, page 415.
Premises: 328 South 5th Street, Lemoyne, P A 17043
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PNC Bank, N.A.
VS
Douglas L. Shellehamer
In The Court of Common Pleas of
Cwnberland County, Pennsylvania
Writ No. 2006-437 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Daniel Schmieg.
Sheriffs Costs:
Docketing
Surcharge
Prothonotary
Law Library
Poundage
Share of Bills
Levy
Advertising
Posting Handbills
Mileage
30.00
20.00
1.00
.50
936.43
19.31
15.00
15.00
15.00
29.16
$1,081.40
l ~ '1l&~)()l.
~~
* R. Thomas Kline, Sheriff
BydD~~
Real Estate Sergeant
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...
PNC BANK, N.A.
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
DOUGLAS L. SBELLEHAMER
CIVll.. DMSION
Defendant(s).
NO. 06-437
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
PNC BANK. N.A., 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 .328 SOUTH 5TH STREET. LEMOYNE. P A 17043 .
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
DOUGLASL.SHELLEHAMER
328 SOUTH 5TH STREET
LEMOYNE, PA 17043
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address oflast recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
HINDES FAMILY TRUST, WALTERE. HINDES 28 WEST SIMPSON STREET
AND JUDITH A. HINDES, TRUSTEE MECHANICSBURG, P A 17055
EQUlCREDIT CORPORATION OF AMERICA 10401 DEERWOOD PARK BL YD.
JACKSONVILLE, FL 32256-0503
, 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)
NICOLE L. SHELLEHAMER
47764 CALE ZAFIRO
INDIO, CA 92201
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
328 SOUTH 5TH STREET
LEMOYNE, P A 17043
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
April 3. 2006
DATE
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i
PNC BANK, N.A.
CUMBERLAND COUNTY
Plaintiff,
v.
No. 06-437
DOUGLAS L. SHELLEHAMER
Defendant(s).
April 3, 2006
TO: DOUGLAS L. SHELLEHAMER
328 SOUTH 5TH STREET
LEMOYNE, P A 17043
UTHIS 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 AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ..
Your house (real estate) at. 328 SOUTH 5TH STREET. LEMOYNE. PA 17043. is scheduled
to be sold at the Sheriffs Sale on SEPTEMBER 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 $44.525.57
obtained by PNC BANK. N.A. (the mortgagee) against you. In the event the sale is continued, an
announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. the sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share 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
(800) 990-9108
ALL THAT CERTAIN piece or parcel ofland situate in the Borough of LeInoyne, County of Cumberland,
Colll1l1Onwea1th of Pennsylvania, being more fully described as follows:
BEGINNING at a point, said point being located on the legal right-of-way line of Fifth Street at the
dividing line of Lot No.9 and Lot No. 10, PreliminarylFinal Subdivision Plan for Michael Manning &
Associates, Recorded in Plan Book 71, Page 136. Thence by said right-of-way line North 39 degrees 54
minutes 30 seconds West a distance of 42.76 feet to a point at the intersection of the legal right-of-way line
of Fifth Street and the legal right-of-way line of Plum Alley. Thence by the legal right-of-way line of Plum
Alley, North 50 degrees 05 minutes 30 seconds East a distance of71.oo feet to a point at the dividing line
of Lot No.6 and Lot No. 10, herein descn"bed. Thence by said dividing line) South 39 degrees 54 minutes
30 seconds East a distance of 42.76 feet to a point at the dividing line of Lot No.9 and Lot No. 10, herein
described. Thence by said dividing line) South 50 degrees 05 minutes 30 seconds West a distance of 71.00
feet to a point, the place of beginning.
BEING Lot No~ 10, containing 3,035.96 square feet, as shown on PreliminarylFinal Subdivision Plan for
Michael Manning & Associates, recorded in Plan Book 71, page 136.
BEING subject to a 15 foot wide driveway easement, parallel with the northern property line of Lot No.1 0,
in favor of Lot No.6 and Michael Manning & Associates as shown on drawing number 91-76.10 attached
hereto.
BEING further subject to all easements of record.
BEING PART OF THE SAME PREMISES which C. S. Willis & Sons, Inc., a Pennsylvania corporation,
by its deed dated November 15, 1995 and recorded November 16, 1995 in the office of the Recorder of
Deeds for Cumberland County in Deed Book 131, Page 415 granted and conveyed to Michael Manning and
Associates, a Pennsylvania General Partnership.
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Douglas L. Shellehamer, by Deed from Michael Manning
and Associates, a Pennsylvania General Partnership Consisting of Michael C. Manning and James W.
D'Angelo, partners, dated 07-15-96, recorded 07,,17-96 in Deed Book 142, page 953.
PRIOR DEED INFORMATION
TITLE TO SAID PREMISES IS VESTED IN Michael Manning and Associates, by Deed from C.S Willis
and Sons, Inc., dated 11-15-95, recorded 11-16-95, inDeed Bookl31, page 415,
Premises: 328 South 5th Street, Lemoyne, P A 17043
(I :E d II HdV qOOl
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. .
WRIT OF EXECJJTION,and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-437 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, N.A., Plaintiff (s)
From DOUGLAS L. SHELLEHAMER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRITPION.
(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 $44, 525.57 L.L. $.50
Interest FROM 3/10/06 TO 9/6/06 (PER DIEM - $7.11) -- $1,279.80 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $124.08 Other Costs
Plaintiff Paid
Date: APRIL 7, 2006
CURTIS R. LONG
(Seal)
Proth.2
'---By: (2..p ~fJ.~/?/U11/
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
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
~
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~
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Real Estate Sale # 01
On May 03, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Lemoyne Borough, Cumberland County, P A
Known and numbered as 328 South 5th Street,
Lemoyne, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 03, 2006
By:
~~
Real Estate Sergeant
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.:ljl~3HS 3Hl .:10 3Jl.:!.:lO