HomeMy WebLinkAbout06-5933PHELAN HALLINAN & SCHMIEG, L.L.P.
• By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
WASHINGTON MUTUAL BANK, F.A.
11200 WEST PARKLAND AVE.
MILWAUKEE, WI 53224
Plaintiff,
v.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-5933
STEVEN R. NELSON
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 STEVEN R. NELSON
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 Complaint
Interest from 10/10/06 to 03/08/07
TOTAL
$89,875.96
$2,001.00
$97,876.96
I hereby certify that (1) 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.
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-C
DANIEL G. SCHM G, ESQU
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PROTHY"',L,---7
THY
139903
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 19103
(215) 563-7000
WASHINGTON MUTUAL BANK, F.A.
Plaintiff
Vs.
STEVEN R. NELSON
Defendants
TO: STEVEN R. NELSON
99 NORTH SAINT JOHNS ROAD, APT. A
CAMP HILL, PA 17011
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
NO. 06-5933-CIVIL TERM
DATE OF NOTICE: FEBRUARY 21, 2007
a
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
S
F CIS 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
WASHINGTON MUTUAL BANK, F.A.
11200 WEST PARKLAND AVE.
Plaintiff,
V.
STEVEN R. NELSON
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-5933
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 STEVEN R. NELSON is over 18 years of age and resides at, 99
NORTH SAINT JOHNS ROAD, APT.A, CAMP HILL, PA 17011.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WASHINGTON MUTUAL BANK, F.A.
11200 WEST PARKLAND AVE.
Plaintiff,
V.
STEVEN R. NELSON
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-5933
Defendant(s).
DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY."
Notice is given that a Judgment in the above-captioned matter has been entered against you on
1 * 200
By:
If you have any questions concerning this matter, please contact:
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
WASHINGTON MUTUAL BANK, F.A. .
Plaintiff,
V.
No. 06-5933
STEVEN R. NELSON
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 03/08/07 to JUNE 13, 2007
(per diem -$15.10)
$97,876.96
$1,464.70 and Costs
TOTAL
$95,650.59
DANIEL G. SCHM G, ESQU
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.
139903
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DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of
Cumberland, Commonwealth of Pennsylvania, more particularly described as follows:
BEGINNING at a point on the northeast right of way line of Saint John's Church Road, Pennsylvania
Legislative Route # 21079, 523.48 feet southeast of intersection of Pennsylvania State Route #570,
right of way line; thence along other lands now or late of Retura A. Westfall, North 48 degrees 53
minutes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura
A. Westfall South 54 degrees 25 minutes 30 seconds East 86.86 feet to a point; thence South 49
degrees 37 minutes West 120.01 feet to a point in the northeast right of way line of Saint John's
Church Road, Pennsylvania Legislative Route 421079; thence along the last mentioned line North 41
degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of BEGINNING.
BEING A PART OF Tract No. 2 of Summit Corporation property, made by D.P. Raffensperger,
Registered Surveyor, dated April 19, 1956, amended May 31, 1956.
HAVING THEREON ERECTED a dwelling known as 99 St. John's Road, Camp Hill, Pa. 17011
NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein
mentioned tract, this property is hereby specifically restricted against commercial use.
BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact, Gayle R.
Reeser, by Deed dated April 28, 1988 and recorded in Cumberland County Recorder of Deeds Office
in Deed Book H33, page 818, granted and conveyed unto John P. Alexander, Jr., single man and
Steven R. Nelson, single man, the Granters herein.
PARCEL IDENTIFICATION NO: 13-23-0553-007
Premises: 99 Saint Johns Road, Camp Hill, PA 17011
Lower Allen, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Steven R. Nelson, single man, by Deed from John P.
Alexander, Jr., single man and Steven R. Nelson, single man, dated 12/13/1999, recorded 12/27/1999,
in Deed Book 213, page 954.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5933 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 STEVEN R. NELSON
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRITPION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $97,876.96 L.L. $.50
Interest FROM 3/8/07 TO 6/13/07 (PER DIEM - $15.10) - $1,464.70 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $167.80 Other Costs
Plaintiff Paid
Date: MARCH 12, 2007
Curpfs R. Long, TmftMnota
(Seal) By:
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
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
WASHINGTON MUTUAL BANK, F.A.
Plaintiff, .
V. .
STEVEN R. NELSON .
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-5933
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
-l
DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
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' WASHINGTON MUTUAL BANK, F.A.
CUMBERLAND COUNTY
Plaintiff,
V. COURT OF COMMON PLEAS
STEVEN R. NELSON CIVIL DIVISION
Defendant(s). NO. 06-5933
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
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 ,99 SAINT JOHNS ROAD, CAMP
HILL, PA 17011.
1. Name and address of Owner(s) or reputed Owner(s):
Name
STEVEN R. NELSON
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
99 NORTH SAINT JOHNS ROAD, APT .A
CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MERS AS A NOMINEE FOR NEVSTAR
FINANCIAL CORPORATION
622 EMERSON ROAD
ST. LOUIS, MD 63141
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)
LOWER ALLEN TOWNSHIP 120 LIMEKILN ROAD
AUTHORITY NEW CUMBERLANAD, PA 17070
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
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
99 SAINT JOHNS ROAD
CAMP HILL, PA 17011
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.
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n March 8, 2007 '
DATE DANIEL G. SCHMIEG, ESQUI A
Attorney for Plaintiff
~
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WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY
Plaintiff,
V. No. 06-5933
STEVEN R. NELSON
Defendant(s).
March 8, 2007
TO: STEVEN R. NELSON
99 NORTH SAINT JOHNS ROAD, APT.A
CAMP HILL, PA 17011
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.
Your house (real estate) at, 99 SAINT JOHNS ROAD, CAMP HILL, PA 17011, is scheduled
to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 170131 to enforce the court judgment of $97,876.96 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:
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 may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
DESCRIPTION
-L THAT CERTAIN piece or parcel of land situate in the
Township imberiand,
GINNING of Pennsylvania, more of Lower Allen, County of
particularly described as follows:
'at a paint on the northeast right of way tine of
;islative Route # 21479, 523.48 feet southeast of intersection of #570,
Saint John's Church Road, Pennsylvania
It of way line; thence along other lands now or late of Retura
A. Pennsylvania State Routes 53 rth utes 30 seconds East 104 feet to a
point; thence continuing along her lands now degrees e
Nestfall South 54 degrees 25 minutes 30 seconds East 86 49
'ees 3 7 minutes West 124.01 feet to a point in the northeast right ?'?' or late of Rtura
rch Road, Pennsylvania Legislative 86 feet to a point; thence South 's
ees 06 minutes 30 seconds West 83.4 feute #21079; thence alonhe last maint John's
et to a oint the mentioned line North 41
p place of BEG v INNING.
1G A PART OF Tract No. 2 of Summit Corporation property, made by D.P. Raffensperger,
lered Surveyor, dated April 19, 1956, amended May 3119
G THE 56.
fN REON ERECTED a dwelling known as 99 St. John's R
VITHSTAIVDING the Lower Allen Township Road, Camp Hill, Pa. 17021
>ned tract, this property is hereby specifically r str ctged aasai
gfication governing the herein
nst commercial use.
THE SAME PREMISES which Retura A. Westfall, widow
by Deed dated April 28, 19$8 and recorded in Cumberland , by her Attorney in Fact, Gayle R.
Boob H33, page 818, granted and conveyed unto John P County
`.. Nelson, single man, the Granters herein. ty Recorder of Deeds Office
Alexander, Jr., single man and
DENTIFICATION N 3
99 Saint Johns Road -23-0553`007
Lower Allen ' Came Hill, PA 17011
'Sylvania Cumberland County
RECORD OWNER
? PREMISES IS VESTED IN Steven R. Nelson, single man, by Deed from John P.
,ngle page man 954. and Steven R. Nelson, single man, dated 12/13/1999, recorded 12/27/1999,
DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of
Cumberland, Commonwealth of Pennsylvania, more particularly described as follows:
BEGINNING at a point on the northeast right of way line of Saint John's Church Road, Pennsylvania
Legislative Route # 21079, 523.48 feet southeast of intersection of Pennsylvania State Route #570,
right of way line; thence along other lands now or late of Retura A. Westfall, North 48 degrees 53
minutes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura
A. Westfall South 54 degrees 25 minutes 30 seconds East 86.86 feet to a point; thence South 49
degrees 37 minutes West 120.01 feet to a point in the northeast right of way line of Saint John's
Church Road, Pennsylvania Legislative Route #21079; thence along the last mentioned line North 41
degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of BEGINNING.
BEING A PART OF Tract No. 2 of Summit Corporation property, made by D.P. Raffensperger,
Registered Surveyor, dated April 19, 1956, amended May 31, 1956.
HAVING THEREON ERECTED a dwelling known as 99 St. John's Road, Camp Hill, Pa. 17011
NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein
mentioned tract, this property is hereby specifically restricted against commercial use.
BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact, Gayle R.
Reeser, by Deed dated April 28, 1988 and recorded in Cumberland County Recorder of Deeds Office
in Deed Book H33, page 818, granted and conveyed unto John P. Alexander, Jr., single man and
Steven R. Nelson, single man, the Granters herein.
PARCEL IDENTIFICATION NO: 13-23-0553-007
Premises: 99 Saint Johns Road, Camp Hill, PA 17011
Lower Allen, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Steven R. Nelson, single man, by Deed from John P.
Alexander, Jr., single man and Steven R. Nelson, single man, dated 12/13/1999, recorded 12/27/1999,
in Deed Book 213, page 954.
J -TI
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 139903
WASHINGTON MUTUAL
BANK, F.A.
11200 WEST PARKLAND AVE.
MILWAUKEE, WI 53224
Plaintiff
V.
STEVEN R. NELSON
99 SAINT JOHNS ROAD
CAMP HILL, PA 17011
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
eur( l
NO. DG - 59 3-3
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 Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 139903
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.
File #: 139903
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:
STEVEN R. NELSON
99 SAINT JOHNS ROAD
CAMP HILL, PA 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 07/03/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A
NOMINEE FOR NEXSTAR FINANCIAL CORPORATION which mortgage is recorded in the
Office of the Recorder of CUMBERLAND County, in Book: 1822, Page: 4459. PLAINTIFF is
now the legal owner of the mortgage and is in the process of formalizing an assignment of same.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 05/01/2006 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 #: 139903
6. The following amounts are due on the mortgage:
Principal Balance $84,655.50
Interest 2,561.28
04/01/2006 through 10/09/2006
(Per Diem $13.34)
Attorney's Fees 1,250.00
Cumulative Late Charges 78.60
07/09/2003 to 10/09/2006
Cost of Suit and Title Search $ 550.00
Subtotal $ 89,095.38
Escrow
Credit 0.00
Deficit 780.58
Subtotal $ 780.58
TOTAL $ 89,875.96
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.
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.
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
$ 89,875.96, together with interest from 10/09/2006 at the rate of $13.34 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
Pei,
By: /s/Francis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 139903
LEGAL DESCRIPTION
Land referred to in this commitment is described as all that certain property situated in Lower Allen Township in the
County of CUMBERLAND and state of PA and being described in a deed dated DEC-13-1999, and recorded DEC-27-
1999, among the land records of the County and state set forth above and referenced as follows: Book 213 and page 954.
All that certain piece or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of
Pennsylvania, more particularly described as follows: Beginning at a point on the northeast right of way line of Saint
John's Church Road, Pennsylvania Legislative Route #21079, 523.48 feet southeast of intersection of Pennsylvania State
Route #570, right of way line; thence along other lands now or late of Retura A. Westfall, North 48 degrees 53 minutes 30
seconds East 100 feet to a point; thence continuing along other lands now or late of Retura A. Westfall, South 54 degrees
25 minutes 30 seconds East 86.86 feet to a point; thence South 49 degrees 37 minutes West 120.01 feet to a point in the
northeast right of way line of Saint John's Church Road, Pennsylvania Legislative Route #21079; thence along the last
mentioned line North 41 degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of beginning.
Tax ID # 13-23-0553-007
STEVEN R. NELSON
ADDRESS BEING 99 SAINT JOHNS ROAD
File #: 139903
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.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.
4904 relating to unworn falsification to authorities.
DATE: d 119
)'-, ?-r / )-P-?
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
r Z7
L-1
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.
Steven R. Nelson
Attorney for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 06-5933-Civil Term
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, Steven R.
Nelson, by first class mail and certified mail to the last known address, 99 North Saint Johns Road,
Apt. A, Camp Hill, PA 17011 and the mortgaged premises, 99 Saint Johns Road, Camp Hill, PA
17011, and in support thereof avers the following:
1. Attempts to serve Defendant, Steven R. Nelson, with the Complaint have been
unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged
premises, 99 Saint Johns Road, Camp Hill, PA 17011. As indicated by the Sheriffs Return of
Service attached hereto as Exhibit "A", there were numerous attempts made at this property,
including, Apartment A, but the Sheriff was unable to obtain personal service prior to the complaint
expiring.
2. 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 "B".
3. Plaintiff has reviewed its internal records and has not been contacted by the
Defendant as of December 7, 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,
?gkela allinan & Schmieg, L.L.P.
Daniel G. Schmieg, Esquire
Attorney for Plaintiff
Date: December 7, 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
NO. 06-5933-Civil Term
Steven R. Nelson
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 return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient
evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address
requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976).
An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the
Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of
local telephone directories, voter registration records, local tax records, and motor vehicle records.
As indicated by the attached Sheriffs Return of Service, attached hereto and marked
as Exhibit "A", 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 "B".
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.
D c ieg, squire
Attorney for Plaintiff
Date: December 7, 2006
EYbi b+ A
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-05933 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK F A
VS
NELSON STEVEN R
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
NELSON STEVEN R but was
unable to locate Him in his bailiwick. He therefore returns the
/"1/%1TRT1T T T7.TT Wfir%T11M T1 /l"Ta
the within named DEFENDANT NELSON STEVEN R
99 SAINT JOHNS ROAD APT A
NOT FOUND , as to
CAMP HILL, PA 17011
ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE
UNABLE TO SERVE PRIOR TO EXPIRATION.
Sheriff's Costs: So answers;
Docketing 18.00
Service 52.80
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
85.80 PHELAN HALLINAN SCHMIEG
11/13/2006
Sworn and Subscribed to before
me this day of ,
A.D.
Exhibit 5
FULL SPECTRUM LEGAL SERVICES, INC.
AFFIDAVIT OF GOOD FAITH INVESTIGATION
File Number: 139903
Attorney Firm: Phelan, Hallinan & Schmieg, LLP
Subject: Steven R. Nelson
Property Address: 99 Saint Johns Road, Camp Hill, PA 17011
Possible Mailing Address: 99 North Saint Johns Road, Apartment A, Camp Hill, PA 17011
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
Steven R. Nelson - 204-46-5805
B. EMPLOYMENT SEARCH
Steven R. Nelson - A review of the credit reporting agencies provided no employment information.
C. INQUIRY OF CREDITORS
Our inquiry of creditors indicated that Steven R. Nelson reside(s) at: 99 North Saint Johns Road,
Apartment A, Camp Hill, PA 17011.
II. INQUIRY OF TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE SEARCH
Our office contacted directory assistance, which indicated that Steven R. Nelson reside(s) at: 99
Saint Johns Road, Camp Hill, PA 17011. On 08-25-06 our office made a telephone call to the
subject's phone number (717) 761-2377 and received the following information: fax tone.
III. INQUIRY OF NEIGHBORS
On 08-25-06 our office made several phone calls in an attempt to contact Jeffrey F. Cope (717) 737-
4832, 94 Saint Johns Road, Camp Hill, PA 17011: answering machine.
On 08-25-06 our office made a phone call in an attempt to contact E. Grassmyer (717) 737-7503, 98
Saint Johns Road, Camp Hill, PA 17011: spoke with an unidentified female who could not confirm
that the subject reside(s) at 99 Saint Johns Road, Camp Hill, PA 17011.
On 08-25-06 our office made a phone call in an attempt to contact Andrew Eckert (717) 761-3668,
103 Saint Johns Road, Camp Hill, PA 17011: spoke with an unidentified female who could not
confirm that the subject reside(s) at 99 Saint Johns Road, Camp Hill, PA 17011.
On 08-25-06 our office made a phone call in an attempt to contact Stacy B. Jackson (717) 612-0249,
101 North Saint Johns Road, Camp Hill, PA 17011: fax tone.
On 08-25-06 our office made a phone call in an attempt to contact L. Stouffer (717) 730-9966,105
North Saint Johns Road, Camp Hill, PA 17011: spoke with an unidentified female who could not
confirm that the subject reside(s) at 99 North Saint Johns Road, Apartment A, Camp Hill, PA 17011.
On 08-25-06 our office made a phone call in an attempt to contact Edward M. Bucher (717) 761-
2250, 78 North Saint Johns Road, Camp Hill, PA 17011: spoke with an unidentified male who could
not confirm that the subject reside(s) at 99 North Saint Johns Road, Apartment A, Camp Hill, PA
17011.
IV. ADDRESS INQUIRY
A. NATIONAL ADDRESS UPDATE
On 08-25-06 we reviewed the National Address database and found the following information:
Steven R. Nelson - 99 North Saint Johns Road, Apartment A, Camp Hill, PA 17011.
B. ADDITIONAL ACTIVE MAILING ADDRESSES
Per our inquiry of creditors, the following is a possible mailing address: 99 North Saint Johns Road,
Apartment A, Camp Hill, PA 17011
V. DRIVERS LICENSE INFORMATION
A. MOTOR VEHICLE & DMV OFFICE
Per the PA Department of Motor Vehicles, we were unable to obtain address information on
Steven R. Nelson.
VI. OTHER INQUIRIES
A. DEATH RECORDS
As of 08-25-06 Vital Records and all public databases have no death record on file for Steven R.
Nelson.
B. COUNTY VOTER REGISTRATION
The county voter registration was unable to confirm a registration for Steven R. Nelson residing at:
last registered address.
VII. ADDITIONAL INFORMATION OF SUBJECT
A. DATE OF BIRTH
Steven R. Nelson - 03-24-1956
B. A.K.A.
Steven Ray Nelson; Steven Alexander
* 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 relati sworn falsification to authorities.
Pub4c
" F NORA r P county
AFFIANT -Brendan Booth ?`?'? oa ` ^ ^°^ .T" er '
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Full Spectrum Legal Services, Inc. '?'"?.---gy m-°-'???`
Sworn to and subscribed before me this 251h day of August, 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 unworn falsification to authorities.
Respectfully submitted,
Phelan Hallinan & Schmieg, L.L.P.
Daniel leg, Esquire
Attorney for Plaintiff
Date: December 7, 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.
Steven R. Nelson
Attorney for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 06-5933-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.
Steven R. Nelson at:
99 Saint Johns Road
Camp Hill, PA 17011
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,
allinan & SSieg, L.L.P.
By.
D g, squire
Date: December 7, 2006 Attorney for Plaintiff
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PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
WASHINGTON MUTUAL BANK, F.A.
Plaintiff
VS.
STEVEN R. NELSON
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
: CUMBERLAND COUNTY
: No. 06-5933
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.
Date: December 7, 2006
PHELAN HALLINAN & WHMIEG, LLP
By: .=- S•
FRANCIS S. HALLINAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
Attorneys for Plaintiff
/jmr, Svc Dept.
File# 139903
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-05933 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK F A
VS
NELSON STEVEN R
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
NELSON STEVEN R but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
99 SAINT JOHNS ROAD APT A
NELSON STEVEN R
, NOT FOUND , as to
CAMP HILL, PA 17011
ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE
UNABLE TO SERVE PRIOR TO EXPIRATION.
Sheriff's Costs: So answers--
Docketing 18.00
Service 52.80
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
85.80? PHELAN HALLINAN SCHMIEG
9, 11/13/2006
Sworn and Subscribed to before
me this day of ,
A.D.
l r rl 2006 'Y' ?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Washington Mutual Bank, F.A.
CIVIL DIVISION
VS. NO. 06-5933-Civil Term
Steven R. Nelson
ORDER
AND NOW, this 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 Plaintiff may obtain service of the
Complaint and all future pleadings on the above captioned Defendant, Steven R. Nelson, by:
1. First class mail to Steven R. Nelson at the last known address 99 North Saint
Johns Road, Apt. A, Camp Hill, PA 17011 and the mortgaged premises located
at 99 Saint Johns Road, Camp Hill, PA 17011; and
2. Certified mail to Steven R. Nelson at the last known address, 99 North Saint
Johns Road, Apt. A, Camp Hill, PA 17011 and the mortgaged premises located
at 99 Saint Johns Road, Camp Hill, PA 17011.
BY THE COURT:
J.
.'
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
WASHINGTON MUTUAL BANK, F.A.
Plaintiff
VS.
STEVEN R. NELSON
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 06-5933
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.
Date: January 18, 2007
, LLP
G
PHELAN HALLINA7/j!
By:
F NCIS S. HALL AN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
Attorneys for Plaintiff
ljmr, Svc Dept.
File# 139903
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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
_(215) 563-7000
Washington Mutual Bank, F.A.
Plaintiff
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
vs.
Steven R. Nelson
: CIVIL DIVISION
Defendant
CUMBERLAND COUNTY
: NO. 06-5933- 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 Steven R. Nelson at 99 North Saint Johns Road, Camp Hill, PA 17011 and 99
North Saint Johns Road, Apt. A, Camp Hill, PA 17011 on January 31, 2007, in accordance
with the Order of Court dated December 19, 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: January 31 2007 _.?
r'
F NCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
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7160 3901 9849 6780 6244 ?7160 3901 9849 6780 6251
TO' STEVEN R. NELSON ?:
99 NORTH SAINT JOHNS ROA STEVEN R. NELSON
D
CAMP HILL, PA 17011
i 99 NORTH SAINT JOHNS ROAD, APT. A
- i CAMP HILL, PA 17011
i
SENDER:
JMR
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SENDER:
REFERENCE: JMR
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P3 Form 3800 2?r
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RETURN
Page PS Form 38 00 January
RECEIPT
Fee
SERVICE Ce?dfiecf RETURN
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Return Receipt Fee SERVICE Cerffiecl Fee
Restricted Delivery Return Receipt Fee
TOM Pbetage & Fees Restricted paliyery
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Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Attorney I.D. No.: 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102
(215) 563-7000
WASHINGTON MUTUAL BANK, FA
Plaintiff,
V.
STEVEN R. NELSON .
Defendant(s).
Attorney fqr Plaintiff
CUMBERLAND CC
COURT OF COMM
CIVIL DIVISION
NO. 06-5933-CIVIL
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P., 404(2)/403 f
I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the ove
captioned matter was sent by regular mail and certified mail, return receipt requested, o STEVEN
R. NELSON on MARCH 8, 2007 at 99 SAINT JOHNS ROAD, CAMP HILL, P 7011 in
accordance with the Order of Court dated DECEMBER 19, 2006.
The undersigned understands that this statement is made subject to the penal{if s of 18
Pa.C.S. 4904 relating to the unsworn falsification to authorities. II
PHELAN HALLINAN & S? MIEG, LLP
By:
MIE Es? IRE
Dated: March 22, 2007
7160 3901 9849 9381 7023
TO:
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STEVEN R. NELSON
99 SAINT JOHNS ROAD
e CAMP HILL, PA 17011
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SENDER:
TEAM4/AXA
REFERENCE:
i 0629755265
PAIGE
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PS Forth 3800 January 2005
t RETURN Postage
RECEIPT Certified Fee 39
SERVICE Return Receipt Fee 2.40
0
Restricted Delivery 1.85
r Total Postage & Fees
US Postal Service POSTTfI?I `n
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Receipt for
Certified MailL
t No Insurance Coverage Provided
Do Not Use for International Mail
L..._-------- ---------
Er, 1 3 2006
?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Washington Mutual Bank, F.A.
vs.
Steven R. Nelson
CIVIL DIVISION
NO. 06-5933-Civil Term
ORD
AND NOW, this lQ 1 f? day %1=?O?eP, 2006, upon
consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is reby
ORDERED and DECREED that said Motion is GRANTED.
It is further ORDERED and DECREED that Plaintiff may obtain seolce of the
Complaint and all future pleadings on the above captioned Defendant, Steven R. Nelsor4 by:
1. First class mail to Steven R. Nelson at the last known address 99 Nbilth Saint
Johns Road, Apt. A, Camp Hill, PA 17011 and the mortgaged pre es located
at 99 Saint Johns Road, Camp Hill, PA 17011; and
2. Certified mail to Steven R. Nelson at the last known address, 99 North Saint
Johns Road, Apt. A, Camp Hill, PA 17011 and the mortgaged pre i es located
at 99 Saint Johns Road, Camp Hill, PA 17011.
BY THE COURT:
C? ? O
5-3
SALE DATE: JUNE 13, 2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
WASHINGTON MUTUAL BANK, F.A.
No.: 06-5933
VS.
STEVEN R. NELSON
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:
99 SAINT JOHNS ROAD, CAMP HILL, PA 17011.
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.
2 ?42
DANIEL SCHMIEG, ESQUjitf-
Attorney for Plaintiff
May 23, 2007
WASHINGTON MUTUAL BANK, F.A.
Plaintiff,
V.
STEVEN R. NELSON
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-5933
Amended
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 ,99 SAINT JOHNS ROAD, CAMP
HILL, PA 17011.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
STEVEN R. NELSON 99 NORTH SAINT JOHNS ROAD, APT.A
CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MERS AS A NOMINEE FOR NEVSTAR
FINANCIAL CORPORATION
MERS AS A NOMINEE FOR NEVSTAR
FINANCIAL CORPORATION
622 EMERSON ROAD
ST. LOUIS, MD 63141
P.O. BOX 2026
FLINT, MI 48501
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)
LOWER ALLEN TOWNSHIP 120 LIMEKILN ROAD
AUTHORITY NEW CUMBERLANAD, PA 17070
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
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
99 SAINT JOHNS ROAD
CAMP HILL, PA 17011
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Square
Dept. #280601
Harrisburg, PA 17128
Thirteenth Floor Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 16222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
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.
May 23, 2007
DATE DANIEL G. SCHMIEG, ESQUI
Attorney for Plaintiff
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_ ter.
Washington Mutual Bank F.A. In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
Steven R. Nelson Writ No. 2006-5933 Civil Term
Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on
March 26, 2007 at 2043 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: Steven R.
Nelson, by making known unto Steven Nelson, personally, at 99 North Saint Johns Road, Apt. A,
Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copy of the same.
Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on
April 18, 2007 at 0942 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 Steven R. Nelson, located at 99
Saint Johns Road, Camp Hill, 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: Steven R.
Nelson, by regular mail to his last known address of 99 Saint Johns Road, Apt. A, Camp Hill, PA
17011. This letter was mailed under the date of April 5, 2007 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 1,935.31
Advertising 15.00
Posting Handbills 15.00
Mileage 24.96
Levy 15.00
Surcharge 20.00
Prothonotary 1.00
Law Library .50
Share of Bills 16.17
Law Journal 455.00
Patriot News 434.48
$2
962
42
,
.
So, s:
.erc,P
R. Thomas Kline, Sheriff
BY - S,66?
Real Estate ergeant
WASHINGTON MUTUAL BANK, F.A. .
r CUMBERLAND COUNTY
Plaintiff,
V. COURT OF COMMON PLEAS
STEVEN R. NELSON CIVIL DIVISION
Defendant(s). NO. 06-5933
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
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 ,99 SAINT JOHNS ROAD, CAMP
HILL, PA 17011.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
STEVEN R. NELSON 99 NORTH SAINT JOHNS ROAD, APT.A
CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
A
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)
MERS AS A NOMINEE FOR NEVSTAR
FINANCIAL CORPORATION
622 EMERSON ROAD
ST. LOUIS, MD 63141
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)
LOWER ALLEN TOWNSHIP 120 LIMEKILN ROAD
AUTHORITY NEW CUMBERLANAD, PA 17070
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
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
99 SAINT JOHNS ROAD
CAMP HILL, PA 17011
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.
March 8, 2007
DATE DANIEL G. SCHMIEG, ESQUI
Attorney for Plaintiff
WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY
Plaintiff,
V. No. 06-5933
STEVEN R. NELSON
Defendant(s).
March 8, 2007
TO: STEVEN R. NELSON
99 NORTH SAINT JOHNS ROAD, APT.A
CAMP HILL, PA 17011
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY."
Your house (real estate) at, 99 SAINT JOHNS ROAD, CAMP HILL, PA 17011, is scheduled
to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,876.96 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:
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 may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of
Cumberland, Commonwealth of Pennsylvania, more particularly described as follows:
BEGINNING at a point on the northeast right of way line of Saint John's Church Road, Pennsylvania
Legislative Route # 21079, 523.48 feet southeast of intersection of Pennsylvania State Route #570,
right of way line; thence along other lands now or late of Retura A. Westfall, North 48 degrees 53
minutes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura
A. Westfall South 54 degrees 25 minutes 30 seconds East 86.86 feet to a point; thence South 49
degrees 37 minutes West 120.01 feet to a point in the northeast right of way line of Saint John's
Church Road, Pennsylvania Legislative Route #21079; thence along the last mentioned line North 41
degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of BEGINNING.
BEING A PART OF Tract No. 2 of Summit Corporation property, made by D.P. Raffensperger,
Registered Surveyor, dated April 19, 1956, amended May 31, 1956.
HAVING THEREON ERECTED a dwelling known as 99 St. John's Road, Camp Hill, Pa. 17011
NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein
mentioned tract, this property is hereby specifically restricted against commercial use.
BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact, Gayle R.
Reeser, by Deed dated April 28, 1988 and recorded in Cumberland County Recorder of Deeds Office
in Deed Book H33, page 818, granted and conveyed unto John P. Alexander, Jr., single man and
Steven R. Nelson, single man, the Granters herein.
PARCEL IDENTIFICATION NO: 13-23-0553-007
Premises: 99 Saint Johns Road, Camp Hill, PA 17011
Lower Allen, Cumberland County
Pennsylvania
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Steven R. Nelson, single man, by Deed from John P.
Alexander, Jr., single man and Steven R. Nelson, single man, dated 12/13/1999, recorded 12/27/1999,
in Deed Book 213, page 954.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5933 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 STEVEN R. NELSON
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRITPION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $97,876.96
L.L. $.50
Interest FROM 3/8/07 TO 6/13/07 (PER DIEM - $15.10) - $1,464.70 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $167.80
Plaintiff Paid
Other Costs
Date: MARCH 12, 2007
(Seal)
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
- 24'Ot'a4z
Curti R. Long, P onotar
By:
Deputy
Telephone: 215-563-7000
Supreme Court ID No. 62205
Real Estate Sale # 85
On March 15, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 99 Saint Johns Road,
s
Camp Hill, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: March 15, 2007
By-
Real Est a Sergeant
6 1 .E Cj ', 1, ? LOZ
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:
April 20, 27, May 4, 2007
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.
a Marie Co 7l' Editor
SWORN TO AND SUBSCRIBED before me this
4 day of MU, 2007
N®TARX SEAL
L0!S E. w.NYDER, Notary Public
Carisia Soro, Cumberland County
;1%, Cun,-,-si :,ion Expires March 5, 2009
REAL ESTATE SALE NO. 86
Writ No. 2006-5933 Civil
Washington Mutual Bank, F.A.
VS.
Steven R. Nelson
Atty.: Daniel Schmieg
DESCRIPTION
ALL THAT CERTAIN piece or
parcel of land situate in the Town-
ship of Lower Allen, County of
Cumberland, Commonwealth of
Pennsylvania, more particularly de-
scribed as follows:
BEGINNING at a point on the
northeast right of way line of Saint
John's Church Road, Pennsylvania
Legislative Route # 21079, 523.48
feet southeast of intersection of
Pennsylvania State Route #570,
right of way line: thence along other
lands now or late of Retura A.
Westfall, North 48 degrees 53 min-
utes 30 seconds East 100 feet to a
point; thence continuing along other
lands now or late of Retura A.
Westfall South 54 degrees 25 min-
utes 30 seconds East 86.86 feet to
a point; thence South 49 degrees
37 minutes West 120.01 feet to a
point in the northeast right of way
line of Saint John's Church Road,
Pennsylvania Legislative Route
#21079: thence along the last men-
tioned line North 41 degrees 06
minutes 30 seconds West 83.0 feet
to a point, the place of BEGINNING.
BEING A PART OF Tract No. 2
of Summit Corporation property,
made by D.P. Raffensperger, Reg-
istered Surveyor, dated April 19,
1956, amended May 31, 1956.
HAVING THEREON ERECTED a
dwelling known as 99 St. John's
Road, Camp Hill, PA 17011.
NOTWITHSTANDING the Lower
Allen Township Zoning classification
governing the herein mentioned
tract, this property is hereby spe-
cifically restricted against commer-
cial use.
BEING THE SAME PREMISES
which Retura A. Westfall, widow, by
her Attorney in Fact, Gayle R.
Reeser, by Deed dated April 28,
1988 and recorded in Cumberland
County Recorder of Deeds Office in
Deed Book H33, page 818, granted
and conveyed unto John P.
Alexander, Jr., single man and
Steven R. Nelson, single man, the
Granters herein.
PARCEL IDENTIFICATION NO:
13-23-0553-007.
Premises: 99 Saint Johns Road,
Camp Hill, PA 17011, Lower Allen,
Cumberland County, Pennsylvania.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Steven R Nelson, single
man, by Deed from John P.
Alexander, Jr., single man and
Steven R Nelson, single man, dated
12/13/1999, recorded 12/27/
1999, in Deed Book 213, page 954.
A
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
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with 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 18th and 25th day(s) of April and the
2nd day(s) of May 2007. 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
SALE#85
Sworn to and subscribed before me this 18th day of May 2007 A.D.
Nutariai Seal
Ferry L. Russell, Notary Public
City OF Harrisburg, Dauphin County
J Commission Expires June 6, 2010
l rnber, Penns
/ 46TARY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
DWA4 FJL
ALL THAT C1 pwpl old of lass
siWW in tie' 4t,6 r, Chay
of Cunbed¢d, Co" posweft of
PMDYtval, ease paw d xnkd as
follow:
B FG at a poW m the nuthast of
way tine of 5itim Jow's c Road,
ft"WAAW" '= 1079,523,48
;
feet
stagy oMC afS{B, of 'pry uk 6eoce
atwig oMW?u48 a'iv bn1t of
*M.A.
fl -d*as 53 sustdnes 30
swo" East lit? fat tp a po* sbeoce
t• '
A.5 rx
der ad r
ad 28,1988
Con*
acosded. is ?ftd5twL-
of Deals tlf ci-is•ftad1 RIR-
h.,
mm le Gmtm b
'PARCEL WWOW-ArON w 13-234553- i
007
PHELAN HALL,INAN & SCHMIEG, LLP
BY: FRANCIS S. HALLINAN, ESQUIRE
Identification No. 62695
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.
Steven R. Nelson
Plaintiff
VS.
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-5933 CIVIL TERM
Please mark the above referenced case Discontinued and Ended without
prejudice.
Please mark the above referenced case Settled, Discontinued and Ended.
X Please mark Judgments satisfied and the Action settled, discontinued and
ended.
Please Vacate the judgment entered and mark the action discontinued and
ended without prejudice.
Please withdraw the complaint and mark the action discontinued and
ended without prejudice.
Date: ! ??-- _:
Francis S. Hallinan, Esquire
Attorney for Plaintiff
PHS# 139903
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