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HomeMy WebLinkAbout06-1162 . 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 ABN AMRa MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM eiu~L~82-~ v. NO. 0(", - IIL.,,~ CUMBERLAND COUNTY KEITH A DONLEY ANTOINETTE DONLEY 3514 CHESTNUT STREET CAMP HILL, PA 17011 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 131620 , File #: 131620 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST A TE. - 1. Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRNE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known addressees) of the Defendant(s) are: KETI1I A. DONLEY ANTOINETTE DONLEY 3514 CHESTNUT STREET CAMPHILL,PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 11/03/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN HOME BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1845, Page: 183. By Assignment of Mortgage recorded 12/19/03 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 704, Page 4338. 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 11/01/2005 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 #: 131620 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2005 through 02/28/2006 (Per Diem $13.64) Attorney's Fees Cumulative Late Charges 11/03/2003 to 02/28/2006 Cost of Suit aud Title Search Subtotal $82,969.02 2,059.64 1,250.00 76.54 $ 550.00 $ 86,90520 Escrow Credit Deficit Subtotal 0.00 228.03 $ 228.03 TOTAL $ 87,133.23 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 87,133.23, together with interest from 02/28/2006 at the rate of$13.64 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP o u~- "o-?-e~' By: IsIFraucis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 131620 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land located in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of George W. Walker, Registered Engineer, dated September 9, 1953 as follows: BEGINNING at a point on the northern line of Chestnut Street, one hundred twenty-four and thirty-seven one-hundredths (124.37) feet West of the northwest comer of the intersection of thirty-fifth Street and Chestnut Street, also being at the dividing line between Lots Nos. 10 and II, Block D on the hereinafter mentioned Plan of Lots; THENCE westwardly along the northern line of Chestnut Street, sixty (60) feet to a point at the dividing line between Lots Nos. 11 and 12, Block D on said Plan; THENCE North one (1) degree thirty-four (34) minutes West along the same, one hundred twenty (120) feet to a point; THENCE North eighty-eight (88) degrees twenty-six (26) minutes East, sixty (60) feet to a point at the dividing line between Lots Nos. 9 and II, Block 0 on said Plan; THENCE South one (1) degree thirty-four (34) minutes East along the same and along the dividing line between Lots Nos. 10 and II, Block D on said Plan; one hundred twenty (120) feet to a point, the place of BEGINNING. BEING Lot No. II, Block '0' on the Plan of Lots known as Plan No.3, Hampden Gardens, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 5, Page 63. HAVING THEREON ERECTED a dwelling house known as No. 3514 Chestnut Street BEING THE SAME PREMISES which Dauphin Deposit Bank and Trust Company, by its deed dated November 9,1994, recorded in the office ofthe Recorder of Deeds of Cumberland County in Deed Book 1 14, Page 852, granted and conveyed unto Ronald B. Purtle and Shelba J. Purtle, Grantors herein. AND, BEING THE SAME PREMISES for which Ronald R Purtle and Shelba J. Purtle, his wife, by Installment Sale Agreement, dated December 15,1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 634, Page 231, granted equitable title to Antoinette Marie Woll and Keith Allen Donley. The said Antoinette Marie Woll and Keith Allen Donley have subsequently intermarried, Antoinette Marie Woll now being known as Antoinette Donley, and said individuals as Keith Donley and Antoinette Donley are the Grantees herein, rile #: 13 [620 VRR TFTC A nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 'h j 1u~ DATE: ~/9-~4 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 1f (0 ~ ~ .~ ,-.) '.~_.l 1;,.' '- ~ C .J ~ "I) --.:i --- -.f::: .. .. -. "-C) ~ I G -=t fI! - --< "~... $:? -- r'.~ ~ ... .. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identitication 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 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, FL 32258-4455 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1162 Keith A. Donley Antoinette Donley 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 Keith A. Donlev and Antoinette Donlev, 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 03/01/06 to 05/01/06 TOTAL $87,133.23 $832.04 $87,965.27 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, copy attached. vr~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HJ]REBY ASSESSED AS JNDICATED. ~ DATE: {YJa'j fr Joob (~ PROPROTH · PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KEITH A. DONLEY ANTOINETTE DONLEY Defendants : NO. 06-1162 CNIL TERM TO: KEITH A. DONLEY 3514 CHESTNUT STREET CAMPHILL,PA 17011 FILE COpy DATE OF NOTICE: MARCH 29. 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 RECEIVED 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TillS NOTICE, A mDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGIITS. 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. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRlNG 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 )-.:- 5. J1~A' FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ~ PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KEITH A. DONLEY ANTOINETTE DONLEY Defendants : NO. 06-1162 CIVIL TERM TO: ANTOINETIE DONLEY 3514 CHESTNUT STREET CAMP HILL, PA I70Il fILE COpy DATE OF NOTICE: MARCH 29. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THlS 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, THlS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A mDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 3~ 5. N~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1162 Keith A. Donley Antoinette Donley 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant Keith A. Donley is over 18 years of age and resides at , 3514 Chestnut Street, Camp Hill, PA 17011 . (c) that defendant Antoinette Donley is over 18 years of age, and resides at, 3514 Chestnut Street, Camp Hill, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D~~G ~f:.ESQUJRE Attorney for Plaintiff 't~ =t- _ S ~ ~ ~ ar -, , R: ~ ~6 \) \~ ~~ (') c: ~ -01:.7< n"ln,' ""'7..., ~f'::;- 4-- ",..,. '::Q .- ,- <: ~8 z ::< ~ ff\ ~ :Jill :r,:n ~ "1Ti I ::g? ex> ':?;1 S? -- -+1 ",. 0"" :J: Zm <? '? c..n ~ .r;- . . "" (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1162 Keith A. Donley Antoinette Donley Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on fL';;/'-{ f 200t.. By I!u~ /- If you 1m" ,oy qu,,'om ~;og "'i> """'"', P]'~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ABN AMRO Mortgage Group, Iuc. Plaintiff, v. No. 06-1162 Keith A. Donley Antoinette Donley Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $87,965.27 $1,850.88 Interest from 05/01/06 to September 6, 2006 (per diem - $14.46) Additional Costs $2014.50 TOTAL $89,816.15 J>~ q:l DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. >- ~ "'-'0 S? fi[; :a:: ''-;:t.: "'" gfi G:jE ~ co I "- ~ ..." &: '" [;I;(;:!i oz <:I:l~ ~;;: ..l<:l:l !Il...z Zz Ofo;l :E!Il... :E;;.:- 0.... u~ [;1;(0 Ou ~~ 8~ ~fo;l ....~ Z~ ....U -::1' I.r) i?::: ~ _:5~ C)? --) ":"1:' )::>: :."",,:::! '-")~ '.::3tD --00: ::;;;; :::.J () .... .... .... .... == r- r- .... .... -<-< !Il...!Il... . . == .- ..... == z c..c.. 0 El ~ .... uu 1l .... ~ . . i:: ... ... oJ U " ~ 1A 1:1 ~'E' ~ .. 0) .... ... ... .n Q, fo;l a <:I:l<:l:l ~ == '" [;I;(~ ...:; E ",,, = ! s ,,- o ~ " - 1:1 ... '" '" 1:1 Q .... .. '" " ~ ~ QQ ii!~ "..= Q " eu g. ~ .; .t: ~~ """" Ill. ;> -< " 0) 1:: ..c:I .s QI:i~ .... .... ... Q on on 0) :E 1:: Q 01:: ........ ~ ~~ [;I;( Q ~ fo;l:E Ui en !Il..."" ~ :E .... u ~ -< fo;l z ~ ~ !Il... .~. ct~ - - - ~ - " , , , ::dt; , ~ (]::f " l; ... , " (). 0 ......<;;:; I I ~ \) <)'C) () ~ \) \) () \) 0J () C'l rY -....: () 0 l-, ~. lI), 00:. ') 0"- ~ t;;~ ...g t? "') ....... - < 1 ~ Ji -r- - -cd 3 j ~ J ..,.. <:"l 4 ~ ~ <l (0 ~ t'-- '" -.J '1 .~ ~ d (Y. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1162 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From KEITH A. DONLEY AND ANTOINETTE DONLEY (I) You are directed to levy upon the property of the defendaut (sland to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $87,965.27 L.L. $.50 Interest FROM 5/1106 TO 9/06/06 (PER DIEM - $14.46) - $1,850.88 Arty's Comm % Due Prothy $1.00 Arty Paid $139.20 Other Costs $2014.50 Plaintiffpaid Date: MAY 8, 2006 (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 ID No. 62205 DESCRIPTION ALL THAT CERTAIN tract or parcel of land located in Hampden Township, Cwnberland County, Pennsylvania, more particularly bounded and described according to survey of George W. Walker, Registered Engineer, dated September 9, 1953 as follows: BEGINNING at a point on the northern line of Chestnut Street, one hundred twenty-four and thirty- seven one-hundredths (124.37) feet West of the northwest corner of the intersection of thirty-fifth Street and Chestnut Street, also being at the dividing line between Lots Nos. 10 and II, Block Don the hereinafter mentioned Plan of Lots; THENCE westwardly along the northern (ine of Chestnut Street, sixty (60) feet to a point at the dividing line between Lots Nos. II and 12, Block 0 on said Plan; THENCE North one (I) degree thirty-four (34) minutes West along the same, one hundred twenty (120) feet to a point; THENCE North eighty-eight (88) degrees twenty-six (26) minutes East, sixty (60) feet to a point at the dividing line between Lots Nos. 9 and II, Block D on said Plan; THENCE South one (I) degree thirty-four (34) minutes East along the same and along the dividing line between Lots Nos. 10 and II, Block D on said Plan; one hundred twenty (120) feet to a point, the place of BEGINNING. BEING Lot No. II, Block '0' on the Plan of Lots known as Plan No.3, Hampden Gardens, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 5. Page 63. HAVING THEREON ERECTED a dwelling house known as No. 3514 Chestnut Street BEING THE SAME PREMISES which Dauphin Deposit Bank and Trust Company, by its deed dated November 9, 1994, recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book 114, Page 852, granted and conveyed unto Ronald B. Purtle and Shelba J. Purtle, Grantors herein. AND, BEING THE SAME PREMISES for which Ronald B. Purtle and Shelba 1. Purtle, his wife, by Installment Sale Agreement, dated December 15, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 634, Page 231. granted equitable title to Antoinette Marie Woll and Keith Allen Donley. The said Antoinette Marie Woll and Keith Allen Donley have subsequently intermarried, Antoinette Marie Woll now being known as Antoinette Donley, and said individuals as Keith Donley and Antoinette Donley are the Grantees herein. Being Parcel # 10-21-0275-149 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Keith Donley and Antoinette Donley, husband and wife, by Deed from Ronald B. Purtle and Shelba J. Purtle, husband and wife, dated 10-31-03, recorded 11-14-03 in Deed Book 260, page 1720. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO Mortgage Group, Inc. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION Keith A. Donley Antoinette Donley NO. 06-1162 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D^~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff (') ...... 0 = c: = " g: ..... vtJ: :x ~:!l n'fr :>:>- Z:,X -< ~~ ze I (f),I-' CX> ~. :::< """ :C=H ,;> ,- :x ~o 2;-.,"-;, >t:, '? Om Z ~ ~ UI .. , - ABN AMRO Mortgage Group, Inc. Plaintiff, CUMBERLAND COUNTY v. No. 06-1162 Keith A. Donley Antoinette Douley Defendant(s). May 1, 2006 TO: Keith A. Donley 3514 Chestnut Street Camp Hill, PA 17011 Antoinette Donley 3514 Chestnut Street Camp Hill, PA 17011 ..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 3514 Chestnut Street. Camp Hill. P A 17011. is scheduled to be sold at the Sheriff's Sale on September 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $87.965.27 obtained by ABN AMRO Mortl!al!e Group. Inc. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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. .( - 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. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 ofthe 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 2 "t7~ n,C"" ;:oJ fl " t;~~:,',' is;:;' Kf......' <'J>_. ~('.., ,l; _, r- :.?: :::.? ~ ~ ~ -.:- , Q) ~ ~ CJ) -i:'- !i? !ii:rJ iIf -J::::[J '5.n ;;"'f5 C5f'1'i f , 'ABN AMRO Mortgage Group, Inc. CUMBERLAND COUNTY Plaiutiff, v. COURT OF COMMON PLEAS Keith A. Donley Antoinette Donley CIVIL DIVISION NO. 06-1162 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ABN AMRO Morteaee Group. Inc., 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 3514 Chestnut Street. Camp Hill. P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Keith A. Donley 3514 Chestnut Street Camp Hill, PA 17011 Antoinette Donley 3514 Chestnut Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as ahove 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 t ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 3514 Chestnut Street Camp Hill, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department ofWeIfare 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 1"'"1",, ofl' P,. e.s. S". 4904 rei,,,,,, '" OO'W: f'hifi~'f to ,mhoriti". Mavl.2006 ~ ) V- DATE DANIEL G.'SCHMIEG, ESQUIRE Attorney for Plaintiff i ". g 'Ci\ ~ """ ;;: cro ;:r,o:; :Jill ~~ . ft"i ~ ~: .e' 1 -0 (;Q ;;Q, ;:;Co eo ~?1 ~C ~ 70 he 'Pc ~ ~ ~ <.fl ~ .r:- ( SHERIFF'S RETURN - REGULAR CASE NO: 2006-01162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DONLEY KEITH A ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DONLEY KEITH A the DEFENDANT , at 1724:00 HOURS, on the 8th day of March , 2006 at 3514 CHESTNUT STREET CAMP HILL, PA 17011 by handing to KEITH A DONLEY 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 13 .20 .00 10.00 .00 41.20 .r~--'<~-R R. Thomas Kline 03/09/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ~... . -f~, ~ - ~ty Sh~ me this 0I.1,A.k day of ~_A'D pr~th ary A SHERIFF'S RETURN - REGULAR ( CASE NO: 2006-01162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS DONLEY KEITH A ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DONLEY ANTOINETTE the DEFENDANT , at 1724:00 HOURS, on the 8th day of March 2006 at 3514 CHESTNUT STREET CAMP HILL, PA 17011 by handing to KEITH A DONLEY, HUSBAND 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: 6.00 .00 .00 10.00 .00 16.00 ~~~~ R. Thomas Kline 03/09/2006 PHELAN HALLINAN SCHMIEG me this .1(",* day of By: X~ ~ De ty Sher ff Sworn and Subscribed to before , . . AFFIDA VlT OF SERVICE PLAINTIFF ABN AMRO Mortgage Group, Inc. CUMBERLAND COUNTY IABN DEFENDANT(S) Keith A. Donley Antoinette Donley AMRO Mortgage Group, Inc. No. 06-1162 ACCT. #0641216338 SERVE Keith A. Donley AT 3514 Chestnut Street Camp Hill, PA 17011 Type of Action - Notice of Sheriff's Sale Sale Date: September 6, 2006 SERVED Served and made known to ~ ~ A. ~oI\ \ ey , Defendant, on the 7- 1 t'" day of /t-1a y . 20~, al~o'Clockl!..m.,at ~ S' II.{ c/fte.d.V\....+ S -1-. ,Commonwealth Sworn to and subscribed _auvct \ before me this z;::}~V ...........iniRES {l of ~~ MYISSION eJU" ./ N~ 03112009 By: ' ~ ,.........or1E'~t ~ if'EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200--, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer V scant 1.1 Attempt: / / Time: 2"d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 LZJ{ 1- ll{ (") ~; , "" c.;::, g;;:; ~ -I :I.,., f"lle "T).," :-)Q : C:~l >--1 ~("5 ;~~~; rn ~:;... ~n -< w s~ a .,r:-' '- '. AFFlDA VIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF ABN AMRO Mortgage Group, Inc. /ABN AMRO Mortgage Group, Inc. No. 06.1162 DEFENDANT(S) Keith A. Donley Autoinette Donley ACCT. #0641216338 SERVE Antoinette Donley AT 3514 Chestnut Street Camp Hill, P A 17011 Type of Action - Notice of Sheriff's Sale Sale Date: Septemher 6, 2006 SERVED Served and made known to A lit .{. 0 I "Co ++c DOli ley , Defendant, on the 2 7 +"- day of /U 4 Y .20<4 at 2: 3/ ,o'clock~.m., at 3S- JI.( Cl...eSf"l"'+ .!" f. . Commonwealth of Pennsylvania, in the manner described below: J;lefendant personally served. , V Adult family member with whom Defendant(s) reside(s). Name and Relationship is J'/4.J b (l^ L. ~_Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place of lodging 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: De~ption: Age 30-1(0 Height~l weight~6 Race W Sex...-0 Other I, \J CMJ. 'Q R 6 b et'f-J . a competent aduh, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscri~ before me this TI:::day n of A~20\TEVENV~~. j)'-~ ~ ~~ M'l CO":rr_ :.'..-I ~ P~:ASKATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of .200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant l't Attempt: 2nd Attempt: / / Time: Time: / / 3rd Attempt: / Time: / Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 ~q u \i D- ,'0' ....., c~..:;> G:::::J .:.--- C) -n .-1 ~ll 'I'F- -aili ~~:;$,6 " ---["1 -2 (") ?~;;-\ :::.~ 5J -< L_ (:-,. w C"J ..r:..~- ABN AMRO Mortgage Group, Inc. VS Keith A. Donley Antoinette Donley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1162 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 Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 30.00 1.00 .50 192.26 15.00 15.00 15.00 24.64 19.31 274.00 413.00 $1,029.71 / q -J/JOt, 9 s<~~ ~ R. Thomas Kline, Sheriff BK1~~~ Real Estate Sergeant I.tb ~ :5- 6" J. If \ ~ I 'jJ.' ';)'f ,.. 4 9 ABN AMRO Mortgage Group, Inc. , CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS Keith A. Donley Antoinette Donley CIVIL DIVISION NO. 06-1162 Defendant(s). AFFIDA VIT PURSUANT TO RULE 3129 (Affidavit No. I) ABN AMRO Mort2a2e Group, Inc., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 3514 Chestnut Street, Camp Hill, P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Keith A. Donley 3514 Chestnut Street Camp Hill, PA 17011 Antoinette Donley 3514 Chestnut Street Camp Hill, P A 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4 r 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 3514 Chestnut Street Camp Hill, PA 17011 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. e.s. Sec. 4904 relating to unsw-:: falSifiC~Or to authorities. Mav I, 2006 ~ ) l/- DATE DANIEL G....SCHMIEG, ESQUIRE Attorney for Plaintiff . ~ , ABN AMRO Mortgage Group, Inc. Plaintiff, CUMBERLAND COUNTY v. No. 06-1162 Keith A. Donley Antoinette Donley Defendant(s). May 1, 2006 TO: Keith A. Donley 3514 Chestnut Street Camp Hill, PA 17011 Antoinette Donley 3514 Chestnut Street Camp Hill, P A 17011 **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 SHOULD NOT BE CONSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 3514 Chestnut Street. Camp Hill. P A 17011. 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, PA 17013, to enforce the court judgment of $87.965.27 obtained by ABN AMRO Morteaee Group. Inc. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, 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 (2 15) 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 Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 DESCRIPTION " . . ALL THAT CERTAIN tract or parcel of land located in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and'described according to survey of George W_ Walker, Registered Engineer, dated September 9, 1953 as follows: BEGINNING at a point on the northern line of Chestnut Street, one hundred twenty-four and thirty- seven one-hundredths (124.37) feet West of the northwest comer of the intersection of thirty-fifth Street and Chestnut Street, also being at the dividing line between Lots Nos. 10 and 11, Block 0 on the hereinafter mentioned Plan of Lots; THENCE westwardly along the northern line of Chestnut Street, sixty (60) feet to a point at the dividing line between Lots Nos_ 11 and 12, Block 0 on said Plan; THENCE North one (1) degree thirty-four (34) minutes West along the same, one hundred twenty (120) feet to a point; THENCE North eighty-eight (88) degrees twenty-six (26) minutes East, sixty (60) feet to a point at the dividing line between Lots Nos_ 9 and 11, Block 0 on said Plan; THENCE South one (I) degree thirty-four (34) minutes East along the same and along the dividing line between Lots Nos. 10 and II, Block D on said Plan; one hundred twenty (120) feet to a point, the place of BEGINNING. BEING Lot No. 11, Block '0' on the Plan of Lots known as Plan No_ 3, Hampden Gardens, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 5, Page 63. HAVING THEREON ERECTED a dwelling house known as No. 3514 Chestnut Street BEING THE SAME PREMISES which Dauphin Deposit Bank and Trust Company, by its deed dated November 9, 1994, recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book 114, Page 852, granted and conveyed unto Ronald B. Purtle and Shelba J. Purtle, Grantors herein_ AND, BEING THE SAME PREMISES for which Ronald B. Purtle and Shelba J. Purtle, his wife, by Installment Sale Agreement, dated December 15, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 634, Page 231, granted equitable title to Antoinette Marie Woll and Keith Allen Donley_ The said Antoinette Marie Woll and Keith Allen Donley have subsequently intermarried, Antoinette Marie Woll now being known as Antoinette Donley, and said individuals as Keith Donley and Antoinette Donley are the Grantees herein_ Being Parcel # 10-21-0275-149 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Keith Donley and Antoinette Donley, husband and wife, by Deed from Ronald B. Purtle and Shelba J. Purtle, husband and wife, dated 10-31-03, recorded 11-14-03 in Deed Book 260, page 1720. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA} COUNTY OF CUMBERLAND) NO 06-1162 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From KEITH A. DONLEY AND ANTOINETTE DONLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $87,965.27 L.L. $.50 Interest FROM 5/1/06 TO 9/06/06 (PER DIEM - $14.46) - $1,850.88 Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Other Costs $2014.50 Plaintiff Paid Date: MAY 8, 2006 (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 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 50 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 3514 Chestnut Street, Camp Hill, more fully described on Exhibit" A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: J~~ &^N-~ Real Estate Sergeant E , :01 'v' I I HW qaOl c) '-\- o ~i') f 1, J ....._ ,', {'j' "" >. _ < u " . I , d , :. 1,1 -' 'J ii'" '} -:L-lW3HS :ufi JO iLJ'iJjo" 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 }9 ,.j,/ ( ~ r2tf I ~Cb0 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. , -,' _.,.~..' "," \.' .. -1 '.' SWORN TO AND ~SCRIBED before me this ~f' day of ~I ~~ ~)L. ~rr'M '..""'-~~'--'-~'-"'Notary'" '. .... .,',,,... .. ".. _..' <<-.______-.,..""", ..>';'.--.. - ..~ ' .. -, ......:.J :~ :.:::.-:...?,.:.),... ....: ":i ~: REAL ESTATE SALE NO. 50 Writ No. 2006-1162 CMI ABN AMRO Mortgage Group, Inc. vs. Keith A. Donley and Antoinette Donley ALL TIfAT CERTAIN tract or par- cel of land located in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to survey of George W. Walker. Reg- istered Engineer, dated September 9. 1953 as follows: BEGINNING at a point on the northern line of Chestnut Street, one hundred twenty-four and thirty- seven one-hundredths (124.37) feet West of the northwest corner of the intersection of Thirty-Fifth Street and Chestnut Street. also being at the dividing line between Lots Nos. 10 and 11, Block D on the herein- after mentioned Plan of Lots; THENCE westwardly along the northern line of Chestnut Street, sixty (60) feet to a point at the di- viding line between Lots Nos. 1 I and 12. Block D on said Plan; THENCE North one (I) degree thirty-four (34) minutes West along the same. one hundred twenty (120) feet to a point; THENCE North eighty-eight (88) degrees twenty-six (26) minutes East. sixty (60) feet to a point at the dividing line between Lots Nos. 9 and 11. Block D on said Plan; TI-IENCE South one (1) degree thirty-four (34) minutes East along the same and along the dividing line between Lots Nos. 10 and 11. Block D on said Plan; one hundred twenty (120) feet to a point, the place of BEGINNING. BEING Lot No. II. Block 'D' on the Plan of Lots known as Plan No. 3, Hampden Gardens. said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 5, Page 63. HAVING TIiEREON ERECI'ED a dwelling house known as No. 3514 Chestnut Street. BEING THE SAME PREMISES which Dauphin Deposit Bank and Trust Company, by its deed dated November 9. 1994, recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book 114. Page 852. granted and con- veyed unto Ronald B. Purtle ~nd Shelba J. Purtle, Grantors herem. AND BEING THE SAME PREM- ISES fo; which Ronald B. Purtle and Shelba J. purtle. his wife, by In- stallment Sale Agreement, dated December 15. 1999, recorded in the Office of the Recorder. of D~eds of cumberland County m Mlscella- neoUS Book 634, page 231, grante.d equitable title to Antoinette Mane Woll and Keith Allen Donley. T~e said Antoinette Marie Woll and Kelth Allen Donley have subsequently in- . tte Marie Woll termarried. Antome . noW being known as Antomette Donley, and said individuals as Keith Donley and Antoinette Donley are the Grantees herein. Being Parcel # 10_21-0275-149. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Keith Donley and Antoinette Donley. husband and wife by Deed from Ronald B. Purtle and'Shelba J. Purtle. husband and wife dated 10-31-03. recorded 11- 14-03 in Deed Book 260, page 1720. , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says; That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #50 ANIA I . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 i..",.,. \: ~ \ \ 'J ..