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HomeMy WebLinkAbout06-1265PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff v. J.M. SHEILDS A/K/A JOY MAXINE SHEILDS 308 EAST MAIN STREET MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM , r NO. dlo - I ~L~-~ ~t c~ ~~~~'I'~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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 Baz Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 131898 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, TF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 131898 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: J.M. SHEILDS A/K/A JOY MARINE SHEII.DS 308 EAST MAIN STREET MECHANICSBURG, PA 17055 who is/aze the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/20/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1743, Page: 3974. 4. The premises subject to said mortgage is described as attached. 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. Pile #: 131895 6. The following amounts aze due on the mortgage: Principal Balance $86,846 .16 Interest 2,473 .24 10/01/2005 through 03/03/2006 (Per Diem $16.06) Attorney's Fees 1,250. 00 Cumulative Late Charges 506 .22 12/20/2001 to 03/03/2006 Cost of Suit and Title Search $ 550. 00 Subtotal $ 91,625. 62 Escrow Credit - 92.53 Deficit 0.00 Subtotal $- 92.53 TOTAL $ 91,533.09 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 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 91,533.09, together with interest from 03/03/2006 at the rate of $16.06 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP fir.-a.r~.e,..~ ./~ !L~~s~.CG-.z.~.,= By: /s/Francis S Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 731898 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the street line of East Simpson Street (south side) and at the corner of a lot now or formerly of John Eisley and Sarah Eisley; thence along the street line of said East Simpson Street eastwardly forty (40) feet to a point at the comer of a lot now or formerly of Rankin F. Kuhns; thence along said lot now or formerly of Rankin F. Kuhns, southwardly one hundred three and eight-tenths (103.8) feet, more or less, to a point at King Alley; thence along the line of said King Alley, westwardly forty (40) feet to a point at the corner of a lot now or formerly of John Eisley and Sara Eisley; thence along the said lot now or formerly of John Eisley and Sara Eisley, northwardly one hundred three and ninety-five one-hundredths (103.95) feet, more or less, to a point the street line of said East Simpson Street and at the place of BEGINNING. HAVING erected thereon a double dwelling house numbered 106 and 108 East Simpson Street Mechanicsburg, Pennsylvania. BEING the same premises which Dauphin Deposit Bank Ba Trust Company, Trustee under the Last Will and Testament of George M. Markley, deceased, by Deed dated November 22, 1996 and recorded November 25, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 149, page 620, granted and conveyed unto Curtis W. Fulfer and Karen S. Fulfer, his wife, Grantors herein. File ~: 731898 FRANCES 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 1~-- FRANCIS S. HALLINAN, $SQUIRE Attorney for Plaintiff DATE: ~ ' V 5 ~n .{ G. ~.. PHELAN HALLINAN, & SCHMIEG, L.L.P. By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff vs. J.M. SHEILDS AlK1A JOY MAXINE SHEILDS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION N0.2006-1265 CUMBERLAND COUNTY SUGGESTION OF RECORD CHANGE RE: CORRECTION OF DEFENDANT'S ADDRESS TO THE PROTHONOTARY: Daniel G. Schmieg, Esquire, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the defendant's name was erroneously listed in the caption as: J.M. SHEILDS A1KlA JOY MAXINE SHEILDS Kindly change the information on the docket to read as follows: J.M. SHIELDS A/K/A JOY MAXINE SHIELDS ~S\\> _ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: Mazch 9.2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevazd Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. vs. J.M. Shields a/k/a Joy Maxine Shields Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0.06-1265 Civil Tenn MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, J.M. Shields a/k/a Joy Maxine Shields, by first class mail and certified mail to the last known address, 308 East Main Street, Mechanicsburg, PA 17055 and the mortgaged premises, 106-108 East Simpson Street, Mechanicsburg, PA 17055, and in support thereof avers the following: 1. Attempts to serve Defendant, J.M. Shields a/k/a Joy Maxine Shields, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 106-108 East Simpson Street, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", this property is tenant occupied. 2. The Sheriff of Cumberland County also attempted to serve the Defendant at 308 East Main Street, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", the property is vacant. The Sheriff further indicates the property is gutted and in the process of being remodeled. 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of Apri14, 2006 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By:~ __ ~, Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: Apri14, 2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 Washington Mutual Bank, F.A. vs. J.M. Shields a/k/a Joy Maxine Shields Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0.06-1265 Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs reNm of "No[ Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonaales vs. Polls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed [o last known address requires a good faith effort [o discover the wrrec[ address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort m locate [he defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Ac[, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Dekndan[ and (3) examinations of local telephone directories, voter regisVation records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Returns of Service, attached hereto and marked as Exhibits "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: h--r-~----~---_ Daniel c ieg, Esquire Attorney for Plaintiff Date: Apri14, 2006 ;~ A 4~, ~ SHERIFF'S RETURN - NOT FOUND C'~SE N0: 2006-01265 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SHEILDS J M AKA JOY MARINE SHE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEILDS J M AKA JOY MARINE SHEILDS unable to locate Her in his bailiwick COMPLAINT - MORT FORE , but was He therefore returns the the within named DEFENDANT SHEILDS 106-108 EAST SIMPSON STREET NOT FOUND as to SHFTT~DS J M AKA JOY MAXINF. MECHANICSBURG, PA 17055 APARTMENTS - TENANT, LYNN FERNBAUGH, SAYS THAT MARINE ARE MOTHER AND DAUGHTER (NOT ONE PERSON). Sheriff's Costs: So answer? ~~ ~'- Docketing 6.00 ~.-~.;~ -%~~~ Service 8.80 "~~'/~-~~ Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 29.80 PHELAN HALLINAN SCHMIEG 03/09/2006 Sworn and subscribed to before me this day of A.D. Prothonotary i}- 1~ 1 4 SHERIFF'S RETURN - NOT FOUND C~~'E NO: 2006-01265 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SHEILDS J M AKA JOY MARINE SHE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEILDS J M AKA JOY MARINE SHEILDS but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT SHEILDS 308 EAST MAIN STREET NOT FOUND as to SHEILDS J M AKA JOY MARINE MECHANCISBURG, PA 17055 HOUSE APPEARS TO BE VACANT, IS GUTTED AND BEING REMODELED. ~_~ _. - ~^-`' Sheriff's Costs: So answer '"" ^'~ Docketing 18.00 ",~ ~-~ Service 8.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 41.80 PHELAN HALLINAN SCHMIEG 03/09/2006 Sworn and subscribed to before me this day of A.D. Prothonotary M S1 FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 131895 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Joy M. Sheilds Property Address: 106-108 East Simpson Street, Mechanicsburg, PA 17055 Possible Mailing Address: 308 East Main Street, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Joy M. Sheilds - 207-52-0735 B. EMPLOYMENT SEARCH Joy M. Sheilds - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Joy M. Sheilds reside(s) at: 308 East Main Street, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Joy M. Sheilds, however did provide a listing for Dawn E. Biller at: 108 East Simpson Street, Mechanicsburg, PA 17055. B. On 02-27-06 our office a telephone call to the phone number (717) 697-6765 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 02-27-06 our office made a phone call in an attempt to contact Paul W. Wentz (717) 766- 9071,107 East Simpson Street, Mechanicsburg, PA 17055: spoke with unidentifed female who could not confirm that the subject reside(s) at 106-108 East Simpson Street, Mechanicsburg, PA 17055. On 02-27-06 our office made several phone calls in an attempt to contact Bradley A. Vores (717) 691-5363,109 East Simpson Street, Mechanicsburg, PA 17055: answering machine. On 02-27-06 our office made several phone calls in an attempt to contact Melissa Morningwake (717) 796-9735,110 East Simpson Street, Mechanicsburg, PA 17055: no answer On 02-27-06 our office made several phone calls in an attempt to contact Cabin Crafts (717) 691-9196, 123 East Main Street, Mechanicsburg, PA 17055: no answer. On 02-27-06 our office made a phone call in an attempt to contact Tori Wasserman (717) 691- 9824,121 East Main Street, Mechanicsburg, PA 17055: disconnected. On 02-27-06 our office made several phone calls in an attempt to contact Joys Ceramics (717) 766-2684,119 East Main Street, Mechanicsburg, PA 17055: answering machine. r N. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02-27-06 we reviewed the National Address database and found the following information: Joy M. Sheilds - 308 East Main Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 308 East Main Street, Mechanicsburg, PA 17055. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Joy M. Sheilds. VI.OTHER INQUIRIES A. DEATH RECORDS As of 02-27-06 Vital Records and all public databases have no death record on file for Joy M. Sheilds. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Joy M. Sheilds residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Joy M. Sheilds - 01-01-1965 B. A.K.A. Joy Maxine Sheilds * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsificOeri~~prities. AFFIANT -Brendan Booth Full Spectrum Legal Services, Inc. ~"'°~ j~C;TARIAISEAf NORA M f cRRER, Noa ry~utfit City of Ptulade~Phw, 22, tss~on Exp'ves Nover~ ;~~~~. ~" ~' 1ti~~, ~~ Sworn to and subscribed before me this 27~ day of February, 2006. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: ~t~- Daniel G. c ieg, Esquire Attorney for Plaintiff Date: Apri14, 2006 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, F.A. COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY J.M. Shields a/k/a Joy Maxine Shields NO. 06-1265 Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. J.M. Shields a/k/a Joy Maxine Shields at: 106-108 East Simpson Street Mechanicsburg, PA 17055 308 East Main Street Mechanicsburg, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By. _- -- Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: Apri14, 2006 ~..) l '... ~ 1~ ~ .^~ -r ..; . i:~ _~ ~a PHELAN HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (2151 563-7000 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS Plaintiff CNIL DIVISION vs. CUMBERLAND COUNTY J.M. SHIELDS A/K/A JOY MAXINE SHIELDS No. 06-1265 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN &SCHMIEG, LLP By: ~;.~= 5. u~ ~ ~- FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: Apri14.2006 /jmr, Svc Dept. File# 131898 .,. f -.-1 { i, til ..- r.. , r^1 R ~._ ~ -- _ •. ,. ,. APR I O '1006 ~~3v _--~-- -~I IN THE COURT OF COMMON PLEAS CUMBERLAND COLJN"TY, PENNSYLVANIA Washington Mutual Bank, F.A. vs. J.M. Shields a/k/a Joy Maxine Shields CNIL DIVISION N0.06-1265 Civil Term ORDER AND NOW, this / ? ' day of ~,o ., ~ , 2006, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, J.M. Shields a/k/a Joy Maxine Shields, by: 1. First class mail to J.M. Shields a/k/a Joy Maxine Shields at the last known address, 308 East Main Street, Mechanicsburg, PA 17055 and the mortgaged premises located at 106-108 East Simpson Street, Mechanicsburg, PA 17055; and 2. Certified mail to J.M. Shields a/k/a Joy Maxine Shields at the last known address, 308 East Main Street, Mechanicsburg, PA 17055 and the mortgaged -~m~~es located at 106-108 East Simpson Street, Mechanicsburg, PA 17055. BY THE COURT: J. /\~ '. __..,1 . ~ iii ~ ~ ~ 1 ' ~ . , a 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (2151563-7000 Washington Mutual Bank, F.A. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION J.M. Shields a/k/a Joy Maxine Shields Defendant(s) CUMBERLAND COUNTY N0.06-1265-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to J.M. Shields a/k/a Joy Maxine Shields at 106-108 East Simpson Street, Mechanicsburg, PA 17055 and 308 East Main Street, Mechanicsburg, PA 17055 on Mav 2, 2006, in accordance with the Order of Court dated Aaril 17, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Mav 2.2006 F NCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff , J ~ C- _ ~ ~~ _ i~ _ ~~~ ~~ .ir: i ~'; f -ni ~ ~7 -, h: ~ ~ ~h '~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01265 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SHEILDS J M AKA JOY MARINE SHE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEILDS J M AKA JOY MARINE SHEILDS but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT ILDS , 308 EAST MAIN STREET NOT FOUND as to SHEILDS J M AKA JOY MARINE MECHANCISBURG HOUSE APPEARS TO BE VACANT, IS GUTTED AND BEING REMODELED. _. . Sheriff's Costs: So answ - ~`~ - -~ ~- ,..__. Docketing 18.00 ~~ Service 8.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 41.80 PHELAN HALLINAN SCHMIEG 03/09/2006 Sworn and subscribed to before me this J/,a,~ day of ~1.G,~.r,~ a~G A.D. /~ Prot notary SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01265 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SHEILDS J M AKA JOY MARINE SHE R. Thomas K1 ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEILDS J M AKA JOY MARINE SHEILDS but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT SHEILDS J M AKA JOY MARINE SHEILDS 106-108 EAST SIMPSON STREET MECHANICSBURG, PA 17055 APARTMENTS - TENANT, LYNN FERNBAUGH, SAYS THAT JOY AND MARINE ARE MOTHER AND DAUGHTER (NOT ONE PERSON). Sheriff's Costs: So answer ~,. / -' --';~ Docketing 6.00 , '~'" Service 8.80 Not Found 5.00 ~ R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 29.80 PHELAN HALLINAN SCHMIEG 03/09/2006 Sworn and subscribed to before me this ,li.a,(- day of auv(, A.D Prothon ary ;r' PHELAN HALLINAN & SCHMIEG, LLP PHS#131898 By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station -Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attomey for Plaintiff (~ ~ s) s~~_~nno WASHINGTON MUTUAL BANK, F.A. . 11200 WEST PARKLAND AVENUE . MILWAUKEE, WI 53224 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v CIVIL DIVISION J.M. SHEILDS A/K/A JOY MARINE SHEILDS N0.06-1265 308 EAST MAIN STREET . MECHANICSBURG, PA 17055 . Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER ANT) AC4F4CMFNT nF T)AMAC'FC TO THE OFFICE OF THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against .T.M_ SHF.TT.DS A/K/A .TnY MAXTNF, SHFTi.T1S and ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in the Complaint $ 91,533.09 Interest - 3/4/06 TO 6/16/06 $1,686.30 TOTAL ~ 9'3~,~ 19'29 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) aze as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. G, ESQUII2E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDIC ED. DATEs~]~i~pQ(o PRO ROTHY ~ PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq, Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA [9103 1215) 563-7000 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION CUMBERLAND COUNTY J.M. SHIELDS A/K/A JOY MAXINE SHIELDS Defendants NO. 06-1265 CIVIL TERM TO: J.M. SHIELDS A/IC/A JOY MAXINE SHIELDS 308 EAST MAIN STREET MECHAN[CSBURG, PA 17055 DATE OF NOTICE: MAY 23.2006 FILE CC~Y THIS F[RM [S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU W[LL BE USED FOR THAT PURPOSE.[F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF L[EN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE [N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND F[LE [N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT H[R[NG 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHM[EG, LLP ~, By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. :COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY LM. SHIELDS A(KIA JOY MAXINE SHIELDS Defendants NO. 06-1265 CIVIL TERM TO: J.M. SHIELDS A/IUA JOY MAXINE SHIELDS C ~ ~ ~ ~ Q P 106-108 EAST SIMPSON STREET ` VV MECHANICSBURG, PA 17055 DATE OF NOTICE: MAY 23.2006 THIS F[RM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.[F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF L[EN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE [N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. [F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PIIELAN HALLINAN &SCHMIEG, LLP By: DANIEL G. SCHMIEG IdentiScation No. 62205 Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION J.M. SHEILDS A/K/A JOY MARINE SHEILDS NO. 06-1265 308 EAST MAIN STREET MECHANICSBURG, PA 17055 . Defendant(s). 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 lmowledge of the following facts, to wit: (a) that the defendant(s) is/aze 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 J.M. SHEILDS A/K/A JOY MARINE SHEILDS is over 18 yeazs of age and resides at 308 EAST MAIN STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SC IEG, ESQUIRE ~ta ~ ~' ~ x(1°7 ~f ~ ~ `~ rig Mfg (1~/, CS ~ O r - T \~ ~ ~ G --V m r .. ~ s,T- .,o T~ '~,.~, ~7 -C 1 (Rifle of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS CUMBERLAND PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. J.M. SHEILDS A/K/A JOY MAXINE SHEILDS 308 EAST MAIN STREET MECHANICSBURG, PA 17055 CIVIL DIVISION N0.06-1265 Defendant(s). Notice is given that a Judgment in the above captioned matter has been entered against you on ~ . ~ r~ to BY If you have any questions concerning this matter, please contact: DANIEL IEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 This firm is a debt collector attempting to collect a debt. Any information we obtain will be used for that purpose. If you have previously received a discharge in bankruptcy, this correspondence is not and should not be construed to bean attempt to collect a debt, but ouly enforcement of a lien against property. _~ (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. No. 06-1265 J.M. SHEILDS A/K/A JOY MAXINE SHEILDS Defendant(s). TO THE DIIZECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/16/06 to 12/6/06 (per diem -$15.32) $93,219.39 $ and Costs TOTAL DA C G, 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. A a o~ a ~~ ~ z a~ ZZ ~ ~, a ~ o H 4 ~ ;~ ~ "' .ec, OO ~ ~ O ~A ~ p O~,~~,, ~ W W W H ~, ~ Z" V ~ 1 ~ ~.,! A __ ; L ~ ~~- ~.; _ ~ R ~.. c~' -~ a ~S r ~, C~+ rn W C/~ 1++'~ U ~ Q W ~ ~ ~ w '~ ~ ~ ~ W c o ~ ~~ ~ a ~ '' ~, ~ 3 ~ d ~. 0, o U d ". • , ~ w Y ~ ~~ M r p ~ ~ ~ ~~ ~ r ~ ~ ~ q ~ l,n 3 ~ -S Q ~1 4 r ~ ~ N ~` '~'~, .~' ,~ .~ -~ ~~ `^~~, C ]~ ~`'.` ~~ ~~ ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described sus follows: BEGINNING at a point on the street line of East Simpson Street (south side) and at the corner of a lot now or formerly of John Eisley and Sarah Eisley; thence along the street line of said East Simpson Street eastwardly forty (40) feet to a point at the corner of a lot now or formerly of Rankin F. Kuhns; thence along said lot now or formerly of Rankin F. Kuhns, southwardly one hundred three and eight-tenths (103.8) feet, more or less, to a point at King Alley; thence along the line of said King Alley, westwardly forty (40} feet to a point at the corner of a lot now or formerly of John Eisley and Sara Eisley; thence along the said lot now or formerly of John Eisley and Sara Eisley, northwardly one hundred three and ninety-five one-hundredths (103.95) feet, more or less, to a point the street line of said East Simpson Street and at the place of BEGINNING. HAVING erected thereon a double dwelling house numbered 106 and 108 East Simpson Street Mechanicsburg, Pennsylvania. BEING the same premises which Dauphin Deposit Bank & Trust Company, Trustee under the Last Will and Testament of George M. Markley, deceased, by Deed dated November 22, 1996 and recorded November 25, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 149, page 620, granted and conveyed unto Curtis W. Fulfer and Karen S. Fulfer, his wife, Grantors herein. Being Parcel # 17-23-0565-212 TTTT.F. T(~ SATIN PRF.MTSF.R TS VF,STF.i~ TN J. M. Shields, single individual, by Deed from Curtis W. Fulfer and Karen S. Fulfer, husband and wife, dated 10-30-00, recorded 11-1-00 in Deed Book 232, page 1131. Premises being: 106-108 EAST SIlVIl'SON STREET MECHANICSBURG, PA 17055 Tax Parcel No. 17-23-0565-212 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1265 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From J.M. SHIELDS A/K/A JOY MAXINE SHEILDS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also duected 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 duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,219.39 L.L. $.50 Interest FROM 6/16/06 TO 12/6/06 (PER DIEM - $15.32) Atty's Comm % Due Prothy $1.00 Atty Paid $153.60 Other Costs Plaintiff Paid Date: JUNE 30, 2006 CURTIS R. LONG Prothonotary (Seal) B Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 161'7 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. J.M. SHEILDS A/K/A JOY MARINE SHEILDS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1265 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: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL H IEG, ESQUIRE Attorney for Plaintiff f" ., ~ ".~ t" ~-• Z G,1 ~ ~ - . - c._ ~+ rt,-:_: f, i.._.J ... ,_.. ~.... ',. I _, I~~I ~i, .. _~ APR 1 0 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,-PENNSYLVANIA Washington Mutual Bank, F.A. CIVIL DIVISION vs. N0.06-1265 Civil Term J.M. Shields a/kla Joy Maxine Shields l+- ORDER AND NOW, this 1 ~ ~t day of , 2006, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffmay obtain service of the Complaint and all future pleadings on the above captioned Defendant, J.M. Shields a/k/a Joy Maxine Shields, by: 1. First class mail to J.M. Shields a/k/a Joy Maxine Shields at the last known address, 308 East Main Street, Mechanicsburg, PA 17055 and the mortgaged premises located at 106-108 East Simpson Street, Mechanicsburg, PA 17055; and 2. Certified mail to J.M. Shields a/k/a Joy Maxine Shields at the last known address, 308 East Main Street, Mechanicsburg, PA 17055 and the mortgaged premises located at 106-108 East Simpson Street, Mechanicsburg, PA 17055. r9. L !n T ,t hand ~:; _ , ray and ;i:s ..,_„ , ~..;~ ;:nu;t at arlis,2, Pa. T .......l..SJ y of- ..... .., ~~ Prothon~ary M BY THE COURT: J. WASHINGTON MUTUAL BANK, F.A. . CUMBERLAND COUNTY Plaintiff, ~'" v, COURT OF COMMON PLEAS J.M. SHEILDS A/KIA JOY MARINE SHEILDS CIVIL DIVISION Defendant(s). N0.06-1265 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIIZE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,106-108 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) J.M. SHEILDS A/K/A JOY MARINE SHEILDS 308 EAST MAIN STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: «~ Name CURTIS W. FULFER AND KAREN S. FULFER 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 609 KELLER STREET MECHANICSBURG, PA 17555 106-108 EAST SIMPSON STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ., June 22, 2006_ DATE D G. S ,ESQUIRE Attorney for Plaintiff ALL,~THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the street line of East Simpson Street (south side) and at the corner of a lot now or formerly of John Eisley and Sarah Eisley; thence along the street line of said East Simpson Street eastwardly forty (40) feet to a point at the corner of a lot now or formerly of Rankin F. Kuhns; thence along said lot now or formerly of Rankin F. Kuhns, southwardly one hundred three and eight-tenths (103.8) feet, more or less, to a point at King Alley; thence along the line of said King Alley, westwardly forty (40) feet to a point at the corner of a lot now or formerly of John Eisley and Sara Eisley; thence along the said lot now or formerly of John Eisley and Sara Eisley, northwardly one hundred three and ninety-five one-hundredths (103.95) feet, more or less, to a point the street line of said East Simpson Street and at the place of BEGINNING. HAVING erected thereon a double dwelling house numbered 106 and 108 East Simpson Street Mechanicsburg, Pennsylvania. BEING the same premises which Dauphin Deposit Bank & Trust Company, Trustee under the Last Will and Testament of George M. Markley, deceased, by Deed dated November 22, 1996 and recorded November 25, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 149, page 620, granted and conveyed unto Curtis W. Fulfer and Karen S. Fulfer, his wife, Grantors herein. Being Parcel # 17-23-0565-212 TITT.F. T() SAID PRF.MTRF.4 TS VFSTFI~ TN T. M. Shields, single individual, by Deed from Curtis W. Fulfer and Karen S. Fulfer, husband and wife, dated 10-30-00, recorded 11-1-00 in Deed Book 232, page 1131. Premises being: 106-108 EAST SIlVIPSON STREET MECHANICSBURG, PA 17055 Tax Parcel No. 17-23-0565-212 ,. :-..a ~ _~ .... = fir: - --1 - i:. ~'. ? C'"'` ~ r- ,' ::~.: r WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. J.M. SHEILDS A/K/A JOY MARINE SHEILDS Defendant(s). CUMBERLAND COUNTY No. 46-1265 June 22, 2006 TO: J.M. SHEILDS A/K/A JOY MARINE SHEILDS 308 EAST MAIN STREET MECHANICSBURG, PA 17055 * *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 BANKRUPTCYAND 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 ,106-108 EAST SIMPSON STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,219.39 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU 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 maybe 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 ~ 15 56~ 3-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 maybe 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, PA 17013 (717} 249-3166 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particulazly described as follows: BEGINNING at a point on the street line of East Simpson Street (south side) and at the corner of a lot now or formerly of John Eisley and Sarah Eisley; thence along the street line of said East Simpson Street eastwazdly forty (40) feet to a point at the corner of a lot now or formerly of Rankin F. Kuhns; thence along said lot now or formerly of Rankin F. Kuhns, southwazdly one hundred three and eight-tenths (103.8) feet, more or less, to a point at King Alley; thence along the line of said King Alley, westwazdly forty (40) feet to a point at the corner of a lot now or formerly of John Eisley and Saza Eisley; thence along the said lot now or formerly of John Eisley and Sara Eisley, northwazdly one hundred three and ninety-five ane-hundredths (103.95) feet, more or less, to a point the street line of said East Simpson Street and at the place of BEGINNING. HAVING erected thereon a double dwelling house numbered 106 and 108 East Simpson Street Mechanicsburg, Pennsylvania. BEING the same premises which Dauphin Deposit Bank & Trust Company, Trustee under the Last Will and Testament of George M. Markley, deceased, by Deed dated November 22,1996 and recorded November 25, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 149, page 620, granted and conveyed unto Curtis W. Fulfer and Kazen S. Fulfer, his wife, Grantors herein. Being Parcel # 17-23-0565-212 TTTT.F. Tn SAiI~ PRF.MiRF.4 TS VF4TF>7 TN T. M. Shields, single individual, by Deed from Curtis W. Fulfer and Kazen S. Fulfer, husband and wife, dated 10-30-00, recorded 11-1-00 in Deed Book 232, page 1131. Premises being: 106-108 EAST SIlI~SON STREET MECHANICSBURG, PA 17055 Tax Parcel No. 17-23-0565-212 F•-,} ~~ F:,py ~~ 6, ~' -S, r Y..~ ~ ~ ~~ w ... r, SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WASHINGTON MUTUAL BANK, F.A. vs. J.M. SHEILDS A/K/A JOY MAXINE SHEILDS No.: 06-1265 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 106-108 EAST SIMPSON STREET, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed} and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~~~~ ~ ~ DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff February 2, 2007 .. -~ ~ r, n y s .A W N -- O ~ ~ a ~ ~ ~ ~ n Z 1 ~ ti ~ o ~~ ~ .-~ y o~-• ~~ o ~. n C ~~ ~ 3 ° ~~ a ~~ ~~ a~ w ^-' 3 ~ O ~ '~ n 3 as 00`9 m °°T~ 2' = ~ ° y w~d~~ ^ w p- ~ ~ o' ?: to ~ o a o" N3 ^" O .~ fH "' O ~ o ~ w o ~ C 3 7 Opp tD ooN ~'~ .~ . b~d~ ~- k o ~ ~ o ~ ° o m ^h (~ C n C1. o ~. ~ C < Vi C ~ a y tNi. N 7 ~co .OTC O O N d 7 ~ H O ^, x IT1 n ~.~9 ~ ~a N~ a¢~ ~~~~ d a ~~ o s N .p C ~ d ~ ~ £_ ~ ~~. tD tG R b ~ O o. va, o' m ~. 3 w=o2d 3'N a ~~'~ w ~ n x ~~~~. &"_.~ r ~ d, _. 0 0- a ~ ~ o rn 0 .-. 5' o sFO.~ ~~ o~ ° ~ w a ~v ~ ~ ~ o w ~ -, ~ ~ ~ ~ r~ ~ £~ v ,.~ ~ ~ ~ C't7 z Z ~ O ~ ~ ~ z '-~ Q Q ~ ~ a Q ~ 0. ~ ^ A l I v ~ ~ ~ x ~ ~ ~y ~ o ~ O o 7y ~ z ~ ~ ~ ~ ~ ~ ~ ~ ~ = °, ° [r9 ~ cn ~ ~ ~ "~ n A ~ c a ~ ~ ~ C A to z r y ~ z T7 J ~ ~ n `b z ~ ~ d d ~ a ~ ~ O Q ~ ~ ~ ~ a z ~ x ~ z O z ~"~ o ~ C ~ ~ C `C7 o rM~ ~ /~ a x '~ N ~j G~ o ~ ~ ,~'~ L!1 ~ ~ ^ l I ~ H ~ r C ~' ~ a _ ~ ~' W ~ ' o~~ ~ ~ ~ to a ~ ~' '~ 'A"i ~ 'C ~ ~ O c~.r b r O ~ Y ~ ~ ~ Z ~'~n~ ~ ~ n ~~ ~~ o~~Y ~-o ~ ~ ~ ~ ~ ~ ~ ~ ~ u. ~ ~ o ~ 0 b y d ,_ q'_ ~. ~ ` m~P~~s P~r~~~ ~, ti ~ '' ~ !~+ d ~ X31.55° ` - 02 ~~ JAr~125 207 -.e~ MAILED FROM Z4P GODS 9 91 03 ~~ _ 5.-7 __ 1 `i~ -._ ~°'~ 9 `..:-/ ~~'^ __ ,. l_ ff YJ 1 i ' (_' _1i.. :.r,~ Washington Mutual Bank FA VS J.M. Sheilds a/k/a Joy Maxine Sheilds In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1265 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2006 at 2050 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: J.M. Sheilds a/k/a Joy Maxine Sheilds, by making known unto Joy M. Sheilds personally, at 308 E. Main St., Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 0855 hours., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of J.M. Sheilds a/k!a Joy Maxine Sheilds located at 106-108 E. Main Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: J.M. Sheilds a/k/a Joy Maxine Sheilds, by regular mail to her last known address of 308 E. Main Street, Mechanicsburg, PA 17055. This letter was mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 18.68 Posting bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 26.40 Certified Mail 2.72 Levy 15.00 Surcharge 20.00 Law Journal 425.00 Patriot News 347.18 Share of Bills 15.94 Postpone Sale 20.00 $952.42 / 3~1y~67 So Answers: " R. Thomas Kline S e~i riff BY~ ,~ Real Estat Sergeant ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particulazly described as follows: BEGINNING at a point on the street line of East Simpson Street (south side) and at the corner of a Iot now or formerly of John Eisley and Sarah Eisley; thence along the street line of said East Simpson Street eastwardly forty (40) feet to a point at the corner of a Iot now or formerly of Rankin F. Kuhns; thence along said Iot now or formerly of Rankin F. Kuhns, southwardly one hundred three and eight-tenths (103.8} feet, more or Iess, to a point at King Alley; thence along the line of said King Alley, westwardly forty (40) feet to a point at the corner of a lot now or formerly of John Eisley and Sara Eisley; thence along the said lot now or formerly of Sohn Eisley and Sara Eisley, northwardly one hundred three and ninety-five one-hundredths (103.95} feet, more or less, to a point the street line of said East Simpson Street and at the place of BEGINNING. HAVING erected thereon a double dwelling house numbered 106 and 108 East Simpson Street Mechanicsburg, Pennsylvania. BEING the same premises which Dauphin Deposit Bank & Trust Company, Trustee under the Last Will and Testament of George M. Markley, deceased, by Deed dated November 22, 1996 and recorded November 25, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 149, page 620, granted and conveyed unto Curtis W. Fulfer and Karen S. Fulfer, his wife, Grantors herein. Being Parcel # 17-23-0565-212 TTTT F Tn SATi~ PR .MTR .S TS VF.STF.>7 TN 7. M. Shields, single individual, by Deed from Curtis W. Fulfer and Karen S. Fulfer, husband and wife, dated 10-30-00, recorded 11-1-00 in Deed Book 232, page 1131. Premises being: 106-108 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Tax Parcel No. 17-23-0565-212 WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. J.M. SHEILDS A/K/A JOY MARINE SHEILDS Defendant(s). , CUMBERLAND COUNTY . No. 06-1265 June 22, 2006 TO: J.M. SHEILDS AIK/A JOY MARINE SHEILDS 308 EAST MAIN STREET MECHANICSBURG, PA 17055 * *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 BANKR UPTCY 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 ,106-108 EAST SIMPSON STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,219.39 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU 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: X215) 563-7000. 2. You maybe 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find aut 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 maybe 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 safe. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 Al~L THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of ' Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the street line of East Simpson Street (south side) and at the corner of a lot now or formerly of Iohn Eisley and Sarah Eisley; thence along the street line of said East Simpson Street eastwardly forty (40) feet to a point at the corner of a lot now or formerly of Rankin F. Kuhns; thence along said lot now or formerly of Rankin F. Kuhns, southwardly one hundred three and eight-tenths (103.8} feet, more or less, to a point at King Alley; thence along the line of said King Alley, westwardly forty (40) feet to a point at the corner of a Iot now or formerly of John Eisley and Sara Eisley; thence along the said lot now or formerly of Sohn Eisley and Sara Eisley, northwardly one hundred three and ninety-five one-hundredths (103.95} feet, more or less, to a point the street line of said East Simpson Street and at the place of BEGINNING. HAVING erected thereon a double dwelling house numbered 106 and 108 East Simpson Street Mechanicsburg, Pennsylvania. BEING the same premises which Dauphin Deposit Bank & Trust Company, Trustee under the Last Will and Testament of George M. Markley, deceased, by Deed dated November 22, 1996 and recorded November 25, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 149, page 620, granted and conveyed unto Curtis W. Fulfer and Karen S. Fulfer, his wife, Grantors herein. Being Parcel # 17-23-0565-212 TTTi.F. TC} 4ATi~ PRF.MTRF.S iS VF,STF.T~ TN J. M. Shields, single individual, by Deed from Curtis W. Fulfer and Karen S. Fulfer, husband and wife, dated 10-30-00, recorded 11-1-00 in Deed Book 232, page 1131. Premises being: 106-108 EAST 5IMPSON STREET MECHANICSBURG, PA 17055 Tax Parcel No. 17-23-0565-212 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1265 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From J.M. SHIELDS A/K/A JOY MAXINE SHEILDS (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 $93,219.39 L.L. $.50 Interest FROM 6/16/06 TO 12(6/06 (PER DIEM - $15.32) Atty's Comm % Due Prothy $1.00 Atty Paid $153.60 Other Costs Plaintiff Paid Date: JUNE 30, 2006 CURTIS R. LONG Prothonot (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 `T~ "~ 0 Real Estate Sale # 06 On August 18, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 106-108 East Simpson Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 18, 2006 By: ~ a ~C~v~ Real Estate Ser eant g 8Z :I d ~ 1 111(' 9001 1_-f=f~ 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 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 Sworn to an su scri efore me this 15th day of November 2006 A.D. SALE #6 CpMMONyyEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County MY Comm' sion Expi une 6, 2010 . ..,._~.,, oe ~,a„a~~a s. riation of Notaries NOTA~'Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Ate.. _ ;; ~~ a~ - m ~e EiorrA~ # -a~' ~~ ~ ~~ of u foaewA -- Ptedge~.6as~ 10biQt hilt ~ilAr!9i~. ~~• PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, F~ditor SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006_, NOTARIIiI. SEAL LQIS E. SNYDER, Notary PubNc Carlisle Moro, Gxnberland Court My Commission Expkez March 5.2009 REAL ESTATE SALE NO. 6 Writ No. 2006-1265 Civil Washington Mutual Bank F.A. vs. J. M. Sheilds a/k/a Joy Maxine Sheilds Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or Paz- cel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the street line of East Simpson Street (south side) and at the corner of a lot now or .formerly of John Easley and Sarah Easley; thence along the street line of said East Simpson Street eastwazdly forty (40) feet to a point at the corner of a lot now or formerly of Rankin F. Kuhns; thence along said lot now or formerly of Rankin F. Kuhns, southwazdly one hundred three and eight-tenths (103.8) feet, more or less, to a point at King Alley; thence along the line of said King Alley, westwardly forty (40) feet to a point at the comer of a lot now or formerly of John Easley and Sara Easley; thence along the said lot now or formerly of John Easley and Sara Easley, northwazdly one hundred three and ninety-five one-hundredths (103.95) feet, more or less, to a point the street line of said East Simpson Street and at the place of BEGINNING. HAVING erected thereon a double dwelling house numbered 106 and 108 East Simpson Street Mechanicsburg, Pennsylvania. BEING the same premises which Dauphin Deposit Bank & Trust Company, Trustee under the Last Will and Testament of George M. Markley, deceased, by Deed dated November 22, 1996 and recorded November 25, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 149, page 620, granted and conveyed unto Curtis W. Fulfer and Kazen S. Fulfer, his wife, Grantors herein. Being Pazcel # 17-23-0565-212. TITLE TO SAID PREMISES IS VESTED IN J. M. Shields, single individual, by Deed from Curtis W. Fulfer and Karen S. Fulfer, husband and wife, dated 10-30-00, recorded 11-1-00 in Deed Book 232, page 1131. Premises being: 106-108 EAST SIMPSON STREET MECHANICS- BURG, PA 17055. Tax Parcel No. 17-23-0565-212.