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HomeMy WebLinkAbout06-1559 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO. O'=' - /5"!:9 C/'ucl ~82-~ CUMBERLAND COUNTY STEPHEN C. SHILEY A/KiA STEVEN SHILEY 203 MARKET STREET NEW CUMBERLAND, PA 17070 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUG/BLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File#: 131941 File #: 131941 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 ESTATE. 1. Plaintiff is WASHINGTON MUTUAL BANK, FA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: STEPHEN C. SHILEY AlKJA STEVEN SHILEY 203 MARKET STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 08/20/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MERS AS A NOMINEE FOR W ASHTENA W MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1878, Page: 3715. PLAINTIFF is now the legal owner ofthe mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1 I/O I/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 #: 131941 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2005 through 03fl3/2006 (Per Diem $10.34) Attorney's Fees Cumulative Late Charges 08/20/2004 to 03/13/2006 Cost of Suit and Title Search Subtotal $62,921. 04 1,695.76 1,250.00 92.84 $ 550.00 $ 66,509.64 Escrow Credit Deficit Subtotal - 304.Q2 0.00 $- 304.02 TOTAL $ 66,205.62 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of] 983, 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 hasfhave 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 $66,205.62, together with interest from 03fl3/2006 at the rate of $1 0.34 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 7._~J' )~- By: /slFrln~is S. H.;nn,an LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131941 LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern side of Market Street, a distance of twenty-five (25) feet North from the Northern side of Second Street; thence North along the said Eastern side of Market Street, a distance of twenty-five (25) feet to the dividing line between Lots Nos. 55 and 54; thence East by the said last mentioned dividing line, a distance of one hundred fifty (J50) feet to the line ofa public alley; thence South by the same, a distance of twenty-five (25) to a point; thence West and at right angles with the said alley through the center or partition wall of a double two and one-half story frame dwelling house, a distance of one-hundred fifty (J 50) feet ofthe Eastern side of Market Street, the place of BEGINNING. BElNG the Northern one-half of Lot No. 54 as marked on the General Plan of the Borough of New Cumberland. HA VING THEREON ERECTED a two and one-half story frame dwelling house and outbuildings known and numbered as 203 Market Street, New Cumberland, Pennsylvania. BEING the same premises which R. Thomas Kline, Sheriff of the County of Dauphin, granted and conveyed unto EMC Mortgage Corporation, by Deed dated 12/I0/200J and recorded 411/2002 in the Recorder's Office of Cumberland County, Pennsylvania, in Deed Book Volume 25] page 80. PROPERTY BEING: 203 MARKET STREET File #: 131941 VRUTFWATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/ J~~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1)\\j\\)~ , \ IV G:\ '<<l. ll=- lS.. 0 "-> Ji ~' -::> 0 C"',;l ~-'-' -n "- -1::. V( ~'" :r 8 ~ - ....... "\:) C> ;;.'::'; hii11 U'/ -nl"Tl ~ --.0 -0 -.J ,., tyJ {; i-,-j z; :? ::C) Fe ,-".., -1l.: '~)?~ ~ ~ ~"':) (.)rn r,) :~::1 ,'6 ~~ -< PHELAN HALLINAN & SCHMIEG, L.L.P. . By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUlTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST P ARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1559 STEPHEN C. SHILEY AlK/A STEVEN SHILEY 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 STEPHEN C. SHILEY AlKJA STEVEN SHILEY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/14/06 to 5/5/06 TOTAL $66,205.62 $548.02 $66,753.64 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. A }j DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS lNDICATEDJ '4 DATE: (Yl'::1y q ~e>ck> /o,~ . , PRO PROT~ 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, PA 19103 (? I 'i) 'i61-7000 ATTORNEY FOR PLAThITWF WASHINGTON MUTUAL BANK, FA Plaintiff : COURT OF COMMON PLEAS : CML DMSION Vs. : CUMBERLAND COUNTY STEPHEN C. SHILEY AIK! A STEVEN SHILEY Defendants : NO. 06-1559 TO: STEPHEN C. SIDLEY A!K/A STEVEN SIDLEY 308 DEERFIELD ROAD CAMP IDLL, PA 17011 ffLE COpy DATE OF NOTICE: APRn.14, 2006 1HIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.W YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 1HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VE FAILED TO ENTER A WRlTIEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITII 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 RIGlITS. 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE 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 & 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, PA 19103 (? I S) S1i1-7000 ATIORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA Plaintiff : COURT OF COMMON PLEAS : CML DMSION Vs. : CUMBERLAND COUNTY STEPHEN C. SHILEY NKI A STEVEN SHILEY Defendants : NO. 06-1559 TO: STEPHEN C. SHll..EY A/KJA STEVEN SHll..EY 203 MARKET STREET NEW CUMBERLAND, P A 17070 fiLE COpy DATE OF NOTICE: APRTT.14, 2001i lHIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. lHIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT TIlE 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITfEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH TIlE 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 TIllS 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 soum BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. . By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A. 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1559 STEPHEN C. SHILEY AlK1A STEVEN SHILEY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEPHEN C. SHILEY A!K/A STEVEN SHILEY is over 18 years of age and resides at, 203 MARKET STREET, NEW CUMBERLAND, P A 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff , ;0 \.) ~ ~ ~ l;t. 0 0 s - a ~ 2 ~ ~ """ ~ ~. .."... j W -0 (JJ :s: ~::o ~ 8 f'nr"-' :::< -... ..~ ~~ ::D .0:.--) \U' ~ ~~"\': 1 - , -f- v:> F \) W ~2:1 -r--. ~ :1:=+1 -!.. ~l~~ 06 2m r S? 9 2- ~ ::( - s:- . . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, FA 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1559 STEPHEN C. SHILEY AJKJA STEVEN SHILEY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~..q 200 (.,. By f~'7 If you have any questions concerning this matter, please contact: 1) DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. No. 06-1559 STEPHEN C. SHILEY A/K/A STEVEN SHILEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $66,753.64 Interest from 5/5/06 to SEPTEMBER 6, 2006 (per diem -$10.97) $1,360.28 and Costs TOTAL $68,113.92 j;) DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Statio 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. ~ ~ ... ~ ~ l).I ~ ~ ~ ~ c .0( ~ ~ ~ ..: z 'O~ ..t. ~ ~ t; -d ~ C '" ~;;.- ~ ~ ~ ~ ~ ~~ ..z ~'E '" ~ ~ 2> l).ItrJ ~ ~a ' ,~ z ~ \<0<0 -q~ \ i ~z ~ 01 ~~r ~ .0( ~: $ '" ~ ... ';J t' ~ g. 8~ ~ .;, ~~ e " P- i ~ ~~ ~ ~ '" \<o<s ..: ot:. ~ Ou ~ \<o<~ ~c:::. ~ ~ ~'-' ~ s~ u ~ ~ ~ U .:d ~~ ~ ~ ~ ~ ~ .~ ~ ~~ .0( ~ l).I ~ ~';J ~ u ~ .:r ?: 9 z ~1;i 1'::- ::J<( 0 uJ2~ r~-' -.., ~ ~C~ a c5~ - - - ~ ~ ... ~i5 C::J3 - Cf\ :52 ~; , 't, ::: ..J ~ '.-:r:.Z (1 ~ ::. 0 ,"lIS: .:J - :::. ~ .../. D::J - :s:: ~- I:::J , "" --" \ ~ g ::J I a (.) ~ 0 "" <J '\ '() 0 () ..j ..., 0- C Vl (j 0- 0 l.Il CJ l.Il tn lJ)' 0 - ~ ..s C) ~ - ~ - It)0" :r- ~ '"- 1 'V) n + '~ 3 J 'I: J'1 e -a t'" ~ ~ ......... '& C") ~ ~~ (;jc!. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-1559 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 STEPHEN C. SIDLEY AfKI A STEVEN SHILEY (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $66,753.64 L.L. $.50 Interest FROM 5/5/06 TO 9/6/06 (PER DIEM - $10.97) - $1,360.28 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $140.96 Other Costs Plaintiff Paid Date: MAY 9, 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 . PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land situate in the Borough of New Cumberland Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern side of Market Street, a distance of twenty-five (25 feet North from the Northern side of Second Street; thence North along the said Eastern side of Market Street, a distance of twenty-five (25) feet to the dividing line between Lots Nos. 55 and 54; thence East by the said last mentioned dividing line, a distance of one hundred fifty (150) feet to the line ofa public alley; thence South by the same, a distance of twenty-five (25) to a point; thence West and at right angles with the said alley through the center or partition wall of a double two and one-half story frame dwelling house, a distance of one-hundred fifty (150) feet of the Eastern side of Market Street, the place of BEGINNING. BEING the Northern one-half of Lot No. 54 as marked on the General Plan of the Borough of New Cumberland. HAVING THEREON ERECTED a two and one-half story frame dwelling house and outbuildings known and numbered as 203 Market Street, New Cumberland, Pennsylvania. BEING the same premises which R. Thomas Kline, Sheriff of the County of Dauphin, granted and conveyed unto EMC Mortgage Corporation, by Deed dated 12/10/2001 and recorded 4/1/2002 in the Recorder's Office of Cumberland County, Pennsylvania, in Deed Book Volume 251 page 80. Being Parcel # 25-25-0006-324 TITLE TO SAID PREMISES IS VESTED IN Steven Shiley, by Deed from EMC Mortgage Corporation, dated 5-29-02, recorded 6-5-02 in Deed Book 252, page 153. TITLE TO SAID PREMISES IS VESTED IN EMC Mortgage Corporation, by Deed from R. Thomas Kline, Sheriff of the County of Cumberland, dated 3-26-02, recorded 4-1-02, in Deed Book 251, page 80. PREMISES BEING: 203 MARKET STREET, NEW CUMBERLAND, P A 17070 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 PHILADELPHlA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION STEPHEN C. SHILEY AlKJA STEVEN SHILEY NO. 06-1559 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: o 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. cfJ DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff 0 ...., = ~ s;;; = ~- "" ;:g l;3 :x t?i;;a f'. ",. 7...;. -< ~;.'. ~l I ~Z C/) .i 0e. \0 12 :boo ::z!:r; ::x f5~ 9 <:.. ~ ~ .::- -< ~ ... WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS STEPHEN C. SHILEY A/K1A STEVEN SHILEY CIVIL DIVISION NO. 06-1559 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .203 MARKET STREET. NEW CUMBERLAND. P A 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHEN C. SHILEY A!KI A STEVEN SHILEY 203 MARKET STREET NEW CUMBERLAND, P A 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. '- 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 203 MARKET STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 5. 2006 DATE ~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 2 ~, ....:::n..>: 'Z\:i E~~).r t2.i~, -P'. :~ :2c, $c: z -.j -<. ,! .. ~ ~ ~ ~ , u::> ~ a .' ~ %\ 6~ ~ ~ - &' ,. - WASHINGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY v. No. 06-1559 STEPHEN C. SHILEY A1K/A STEVEN SHILEY Defendant(s). May 5, 2006 TO: STEPHEN C. SHILEY AlKJA STEVEN SHILEY 203 MARKET STREET NEW CUMBERLAND, PA 17070 ""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. 203 MARKET STREET. NEW CUMBERLAND. PA 17070. 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 $66.753.64 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 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav 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 (800) 990-9108 ". . ~ -g; :s: ~ ~i ~ .1 ~ ~ %fA a ~ .::.. ~ .r:- Q c_ ~ -vct:' r1"Ht \ Z":f: Z(1" "I t},~:c ::.;:-. '2 c. ~ ''''( z.;~ $-c: ~ -., AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY / No. 06-1559 OEFENDANT(S) STEPHEN C. SHILEY AIKIA STEVEN SHILEY ACCT. #0676755200 SERVE: STEPHEN C. SHILEY AJKJA STEVEN SHILEY 203 MARKET STREET NEW CUMBERLAND, PA 17070 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to S.J.epk('~ c.Sv.:/ey ,Defendant, on the 1&+"'- dayof AI\"'y ,20~ at 7:l{ ~ ,o'clock~.m.,at 2.CJ M~I'I'ef 5 fo. ,Commonwealth of Pennsylvania, in the manner described below: VDefendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place 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: Description: Age 30. '{O Height S-'7" Weight /9.r Race...k.L Sex.A-1 Other I, t 0.<1, 'cl e. rrb U'15 ,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, u cribld this :2;~ .D~ ~ ~~, tn~PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ate OJ; t'~ew .J~ft,~y /PATRICIA E. H,\RRIS NOT SERVED Commission Expires June 16, 2008 Dn the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of ,200 _' Notary: By: Atlornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 (1 11 .--' C.? ,'::::? ,",,' (.- ~ - v:; ~~'. ""';:.0-' - - .' r) ;;;i"'l C> "'.. .-\ ~~ :'7;\~ ..).0 .~~,.:.L ':;,~-~~ 9, 2" ~ SHERIFF'S RETURN - REGULAR ,i",A '-'t- CASE NO: 2006-01559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS SHILEY STEPHEN C ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn,ac;cording to law, says, the within COMPLAINT & NOTICE was served upon SHILEY STEPHEN C AKA STEVEN SHILEY the DEFENDANT , at 2008:00 HOURS, on the 24th day o~ March , 2006 at 203 MARKET STREET NEW CUMBERLAND, PA 17070 by handing to STEPHEN SHILEY a true and attested copy of COMPLAINT & NOTICE 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 14.96 .00 10.00 .00 42.96 r~--'~~ R. Thomas Kline 03/27/2006 PHELAN HALLINAN SCHMIEG M; ,).0(, A.D. Sworn and Subscribed to before By: me this N~ day of , , Prothonotary SHERIFF'S RETURN - REGULAR ~. - CASE NO: 2006-01559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS SHILEY STEPHEN C ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHILEY STEPHEN C AKA STEVEN SHILEY the DEFENDANT , at 2008:00 HOURS, on the 24th day of March , 2006 at 308 DEERFIELD ROAD CAMP HILL, PA 17011 by handing to STEPHEN SHILEY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments DEFENDANT WAS SERVED AT 203 MARKET STREET NEW CUMBERLAND, PA. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~~~~ R. Thomas Kline 03/27/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before me this J'i'E- day of M....." ..2tfO (,. A . D . By: if((: iff Prothonotary '" .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION STEPHEN C. SHILEY A/KIA STEVEN SHILEY Defendant(s). NO. 06-1559 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) 5S: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for WASHINGTON MUTUAL BANK, FA hereby verifies that on MAY 8, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s) and any known interested party. ~ D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: JULY 25, 2006 IMPORT ANT NOTICE: This property Is sold at the direction of the plaintiff. It mav not be sold In the absence of a reoresentative of the olalntiff 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. ~ .. ~t;l HE - - - t""Z VI ,4::>. W N -. -. ~'~ 0 q ~a, '" ~ 1.0 00 -.1 CI\ VI ~ i;l C/"J _E. @ !i ~ H ~ ~~ 0 8 a '" ~ ><: ~ "'." '" ~ Sl ...., $"g tTl !~ ~ .. . '" l E i ~. t=: l::l '" ~ ~ o ~ ~ ~ ~ '" '" E5 ..., ~ ~ N P ..., ~ '" tt1 ~ ~ j::j ~ ~ ~ ~ ~ ~ ~ ~t:H'" ",8_8 Ii ~~~~~ ~..Qlf H[~I -0 i:< ;;; g o' t..l 9 ... 0 ::I ........~...o S'5.8~' - .. (t 2 < ~."H g.p~~ ,'il 11 ~, , '" . .... ~ !5- n c. e. S~5gg. jell ~ "'8~~ g: ~HI ",~i1 ~ JaS~Q., h'~' .2 h ~~ ~C". 'tt4gg a:; ~ a !g.s.'S. ~...~ .. 0 8 " t:.~':S i ~iH ii" ~'=, ~ ~." g ~ ~ ~ , . ~ 0, ~ ~ . a ~ . g; to.;:! ~ e:'"""s i ~.:;gr' ~...<;)~ .g 8~ ~ lO:gi5 ~.1l~ ~ ;:",. - ~ iii-~.~ c.: i 8 t 'tl )> .., o .., o ...,.-&~~ .... gQj V : ~~~ -1--- . % ,.,a;""- ? ...."..",.......NEt'ft,OINCi 02 1A $ 01.250 0004309625 MAY 06 2006 MAILED FROM ZlPCODE 19103 . ",..."" '" N - ~ 8 g ~ ~ ~ ~ ~ R ; ~ j ~ ~ E:; on ~;j~! ..., 0 0 l _ "1 Z .. ~ ~ rJ1 ~ '" ~ ~ 0 z r '" () ;S ~ ~ < tt1 i ~ ~ (, ~ tg () ~ ~ ~ ~ ..., <;; o Z "1 0 ~ ~ ~ ~ 'tl < o tt1 to ;;<l ; ~ ~ ~ gj ~ ~ ~ - )> 'tl :::i )> 8 ..:; w - o <.h t"' 5' " o>z ....Cl... ;{'Cl.51 " ::! .. Cl.~" .. " ., Cl. > ;:1. i'j' Ii' z c 3 g ... "'-0'" =:~:I:I: .,...,"P1 g.~~~ -g:sg~ F"'~~ ."....= > (.'" = .., r _=.,0:0 \O(D-L. -c..u>~ 0'< c w a' ;;.;~a.f/l> __.,u> ...~=0 ~?r.~ ",u>=a .., c _ z if t"' ~....... b tI)~ ;" n 8 ' == o ~ ~ i II .., a .t . ,---'1 ~n :~ ~o':'l ;,.,~) _.J i",,) >'.". ;" CJ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Home Assoc American Legion Post 143 is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 9th day of Mav, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1559, at the suit of Washington Mutual Bank F A against Stephen C Shiley aka Steven Shiley is duly recorded in Deed Book No. 277, Page 1418. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;{t, day of ~ ' ( W Mr-e/l..- , A.D.:J-t.) () fa '/YfJ-~ (3 .;<?Jrl\ I dQf'~ Recorder of Deeds Recorder of Deeds, Cumberland County, CIdIsle PA My Commiaion Expirellhe FirIt Monday of JIn. '2010 Washington Mutual Bank, F.A. VS Stephen C. Shiley a/k/a Steven Shiley In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1559 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Stephen C. Shiley a/k/a Steven Shiley, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant, Stephen C. Shileya/k/a Steven Shiley. Eleven attempts at service were unsuccessful. One neighbor advised Mr. Shiley has not resided at 203 Market Street, New Cumberland, P A for two months. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 11 :02 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Stephen C. Shiley a/k/a Steven Shiley located at 203 Market Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $74,800.00 to John Balmer for American Legion Post 143. It being the highest bid and best price received for the same, American Legion Post 143 of214 Market Street, New Cumberland, PA 17070, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$78,339.38. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge $30.00 1,496.00 15.00 15.00 30.00 10.00 .50 1.00 59.84 15.00 30.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 431.00 348.80 19.31 25.00 40.50 $2,566.95 / i I) 2q f o~ ~ s~~-<</~ R. Thomas Kline, Sheriff BY~;: cl'-~)vnct: (1 Real Estate ergeant L ~2- cu.v '-u 3 c I. ,f', ')v 7 \ ' c:k. !S (, D{P /J r-t D.2D OCR...v' / q " 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 and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 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 #53 ~.- .~ " --~ , '. ,_:#/",''/ S~~;;;.;~. ~~~. ;~~:Cr . ~:: ;.~;ufV........ ."~W;;;;;~~~~~VANIA \" NOIarial Seal T~rry L Russell, Notary PUblic Ci Harrisburg, Dauphin County "r-/I " M miss' ~une6,2010 / / J Me ~.t/Z/r2 " NOT 4 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE NO. 53 Writ No. 2006-1559 Civil Term Washington MutuIII B8nk, F.A. Vs Stephen C. ShIley a/kIa Steven Shiley Atty: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland Cumberland 6unty, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern side of Market Street, a distance of twenty-five (25 feet North from the Northern side of Second Street; thence North along !be said Eastern side of Market Street, a distance of twenty-five (25) feet to a dividing line between Lots Nos, 55 and 54; thence East by the said last mentioned dividing line, a distance of one hundred fifty (150) feet to the line of a public alley; thence South by the same, a distance of twenty-five (25) to a point; thence West and at right angles with the said alley through the center or partition wall of a double two and one-half story frame dwelling house, a distance of one-hundred fifty (150) feet of the Eastern side of Market Street, the place of beginning. Being !be Northern one-half of Lot No, S4 as marked on !be General Plan of !be Borough of New CumberIaDd. Having thereon erected a two and one-half story frame dwelling house and J . r 1 JIaltIIrIl................... ~*'('. r .<~JI.4...., _..... ..................0{ die o.y of ......'.... 1M ~ 11IIIo EMC Mortgage Corporation, by Deed dilled 1211912001 and recorded 4/1/2002 in the Recorder's Of{ice of Cumberland County, Pennsylvania, in Deed Book Volume 251 page 80, Being PARCEL It 25-25-0006-324 Title to said premises is vested in Steven Shiley, by Deed from EMC: Mortgage Corporation, dated 5-294>2, recorded 6-5-02 in Deed Boob 252, page 153. Title to said premises is vested in EMC Mortgage Corporation, by Deed from R Thomas Kline, Sheriffllf.tl1e County of Cumberland, dated 3-26-02, recorded 4-T~ Book 251, page 80, Premises being~ 20.\ Market Street, New Cumberland. PA 17070 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4, 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. .--- SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 ~ ~~"L!7dvu ~\ C) .-r /.~ ; .'. :, <.~ i REAL ESTATE SALE NO. 53 Writ Nu, 20061559 (']\'j! Washingtun Mutual Bank, V \'s Stephen C Shiley a/kj a Steven Shiley AUy,: Daniel Schmie,E4 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of New Cumberland, Cumber land County, Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a point on the Eastern side of Market Street. a dis- tance of twenty-five (25) feet North from the Northern side of Second Street; thence North along the said Eastern side of Market Street. a dis- tance of twenty-five (25) feet to the dividing line between Lots Nos. 55 and 54: thence East by the said last mentioned dividing line, a distance of one llUndred fifty (150) feet to the line of a public alley; thence South by the same, a distance of twenty-five (25) to a point: thence West and at right angles with the said alley through the center or par- tition wall of a double two and one- half story frame dwelling house, a distance of one. hundred fifty (150) feet of the Eastenl side of Market Stref'. ,h:: lJJdll ,;f BEGINNING. BEING the Northern one-half 01 Lot No, 54 as marked on the Gen eral Plan of i he Borough of New Cumberland HAVING THEREON ERECTED a two and one-half story frame dwell- ing house and outbuildings known and numbered as 203 Market StreeL New Cumberland. Pennsyl vania BEING the same premises which R, Thomas Kline. Sheriff of the County of Dauphin. granted and conveyed unto EMC Mortgage Cor poration, by Deed dated 12/10/ 2001 and recorded 4/l /2002 in the Reconier's Office of Cumberland County, Pcnnsylvania. Il1 Deed Book Volume 251 page 80 Being Parcel # 25-25-0006-324, TITLE TO SAID PREMISES IS VESTED IN Steven Shiley. by Deed from EMC Mortgage Corporation. dated 5-29-02, recorded 6-5-02 in Deed Book 252. page 153, TITLE TO SAID PREMISES IS VESTED IN EMC Mortgage Corpo- ration, by Deed from R. Thomas Kline. Sheriff of the County of Cumberland. dated :~-26-02, re- corded 4- ]02 1T1 Deed Book 2:=i 1 page 80, PREMISES BEING: 203 Market Street, New Cumberland. PA 17070