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HomeMy WebLinkAbout06-6452PHELAN 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 143196 PNC BANK, N.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. BRIAN R. THATCHER LAURA S. THATCHER 14 WEST DULLES DRIVE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oto -r0 q90 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 #: 143196 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 #: 143196 Plaintiff is PNC BANK, N.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN R. THATCHER LAURA S. THATCHER 14 WEST DULLES DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/29/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1167, Page: 974. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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 #: 143196 6. The following amounts are due on the mortgage: Principal Balance $53,538.12 Interest 1,467.62 06/01/2006 through 11/0 1 /2006 (Per Diem $9.53) Attorney's Fees 1,250.00 Cumulative Late Charges 171.84 09/29/1993 to 11/01/2006 Cost of Suit and Title Search 550.00 Subtotal $ 56,977.58 Escrow Credit 0.00 Deficit 671.32 Subtotal 671.32 TOTAL $ 57,648.90 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 57,648.90, together with interest from 11/01/2006 at the rate of $9.53 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. By: /s/Francis S. Hallman WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHEL ALLINAN & SCHMIEG, LP File #: 143196 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of an existing concrete walk adjacent to the southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said Plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2-17 and 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of Beginning. BEING Lot No. 2-F on the Resubdivision Plan: Plan No. 12 Ridley Park, as prepared by D. P. Raffensperger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Sharon J. Whipkey, a/k/a Sharon L. Whipkey by deed dated October 31, 1989 and recorded November 3, 1989 in the Recorder of Deeds Office in and for Cumberland County in Book 34-G, Page 597 granted and conveyed unto Jon R. Simpson, one of the Grantors. PREMISES BEING 14 WEST DULLES DRIVE File #: 143196 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 unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?? U Jl.) b J °` 7 7N> C7,% U PHELAN HALLINAN & SCHMIEG, LLP By Lawrence T. Phelan, Esquire, ID. No. 32227 Francis S. Hallinan Esquire, ID No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PNC BANK, N.A. Plaintiff VS. BRIAN R. THATCHER LAURA S. THATCHER Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 06-6452 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. it/2 n f06 Date IJ2?i Francis S. Hallinan, Esquire Attorney for Plaintiff VERIFICATION 4u, L,3 Us hereby states that he/she is 1( .P of WASHINGTON MUTUAL BANK, mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 13 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: , -M \.t 'J C-n 5 DATE: f bv. 15'?' Dak Title: Ad . Company: Washington Mutual Bank Loan: 5004742234 i...? P _7 _ (?? I't {?? ?. - --?- ? n? --•: - ... -.. ? ?? . ,?. ,.. _j ? ? . __? ?-., p...? ..? - PHELAN HALLINAN & SCHMIEG, L.L.P. r By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PNC BANK, N.A. 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY MILWAUKEE, WI 53224 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-6452 BRIAN R. THATCHER LAURA S. THATCHER 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 BRIAN R. THATCHER and LAURA S. THATCHER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/2/06 to 12/13/06 TOTAL $57,648.90 $400.26 $58,049.16 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,,egpy attached. Z Attorney DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -b-2r r. I P ( ;?60(= . SCHYAIE-0; 143196 * - 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 PNC BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY BRIAN R. THATCHER LAURA S. THATCHER :NO. 06-6452 CIVIL TERM Defendants TO: BRIAN R. THATCHER 14 WEST DULLES DRIVE CAMP HILL, PA 17011 ILE C C DATE OF NOTICE: NOVEMBER 29, 2006 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 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 PNC BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY BRIAN R. THATCHER LAURA S. THATCHER :NO. 06-6452 CIVIL TERM Defendants TO: LAURA S. THATCHER 14 WEST DULLES DRIVE FILE CAMP HILL, PA 17011 DATE OF NOTICE: NOVEMBER 29.2006 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 t •. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, N.A. 11200 WEST PARKLAND AVENUE Plaintiff, V. BRIAN R. THATCHER LAURA S. THATCHER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6452 Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ?? IP 200,E By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIE , ESQ IRE Attorney fo Plaintiff ONE PE CENTER T S URBAN STATION 1617 JOHN F. KENNE 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." • 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 PNC BANK, N.A. 11200 WEST PARKLAND AVENUE Plaintiff, v. BRIAN R. THATCHER LAURA S. THATCHER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6452 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 BRIAN R. THATCHER is over 18 years of age and resides at, 14 WEST DULLES DRIVE, CAMP HILL, PA 17011. (c) that defendant LAURA S. THATCHER is over 18 years of age, and resides at, 14 WEST DULLES DRIVE, 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. S'd'I* qp - r:?? -n b ? CD c`7 r e ? ,_? CIO SHERIFF'S RETURN - REGULAR CASE NO: 2006-06452 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS THATCHER BRIAN R ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the! within COMPLAINT - MORT FORE was served upon THATCHER BRIAN R the DEFENDANT , at 2029:00 HOURS, on the 8th day of November , 2006 at 14 WEST DULLES DRIVE CAMP HILL, PA 17011 by handing to ADULT IN CHARGE together with LAURA S THATCHER a true and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff'--13 Costs: So Answers: Docketing 18.00 13 2 0 {"'`ALL Y °s Service . .? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 - 41.20,/ 11/09/2006 PHELAN HALLINAN SCHMI EG Sworn and Subscibed to ? ) `-> By: before me this day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06452 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND PNC BANK N A VS THATCHER BRIAN R ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THATCHER LAURA S the DEFENDANT at 2029:00 HOURS, on the 8th day of November , 2006 at 14 WEST DULLES DRIVE CAMP HILL, PA 17011 by handing to LAURA S THATCHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 11/09/2006 .2, v PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sh riff of A. D. 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 PNC BANK, N.A. Plaintiff, V. BRIAN R. THATCHER LAURA S. THATCHER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6452 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D_ANIEL . SCHN G, ESQUIRE f Attorney r Plaint a ...? ?} ?j ?-- `-=' it c f--? ':. E_^' ;=? ,' --?i_ ? -? ? ?:_ ,'; ? < ti ,, ?' _.. s .f t._'? '"^ 'PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS BRIAN R. THATCHER CIVIL DIVISION LAURA S. THATCHER NO. 06-6452 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PNC BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,14 WEST DULLES DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name BRIAN R. THATCHER LAURA S. THATCHER Last Known Address (if address cannot be reasonably ascertained, please indicate) 14 WEST DULLES DRIVE CAMP HILL, PA 17011 14 WEST DULLES DRIVE 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 r 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) AMERICAN GENERAL FINANCE, INC. 2054 FRUITVILLE PIKE LANCASTER, PA 17601 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 14 WEST DULLES DRIVE 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 mad--§UAect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsifiNation to authorities. December 13, 2006 7-2:1- DATE ANIEL . SCHMIE , ES Attorney or Plaintiff I PNC BANK, N.A. V. Plaintiff, BRIAN R. THATCHER LAURA S. THATCHER Defendant(s). December 13, 2006 TO: BRIAN R. THATCHER 14 WEST DULLES DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 06-6452 LAURA S. THATCHER 14 WEST DULLES DRIVE 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 A LIEN AGAINST PROPERTY. Your house (real estate) at, 14 WEST DULLES DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff s Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $58,049.16 obtained by PNC BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 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 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 1 DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of an existing concrete walk adjacent to the southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said Plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; the along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of Beginning. BEING Lot No. 2-F on the Resubdivision Plan: Plan No. 12 Ridley Park, as prepared by D. P. Raffensperger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Sharon J. Whipkey, a/k/a Sharon L. Whipkey by deed dated October 31, 1989 and recorded November 3, 1989 in the Recorder of Deeds Office in and for Cumberland County in Book 34-G, Page 597 granted and conveyed unto Jon R. Simpson, one of the Grantors. PARCEL IDENTIFICATION NO: 09-17-1042-077E CONTROL #: 09004781 Premises: 14 West Dulles Drive, Camp Hill, PA 17011 Township of East Pennsboro, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian R. Thatcher and Laura S. Thatcher, husband & wife, by Deed from Sharon J. Whipkey and Jon R. Simpson, husband & wife, dated 09/29/1993, recorded 10/01/1993, in Deed Book 0-36, page 362. I` : l-. J < .:l fi` -?? ? (_?_ :"? ?.? '-, _ C= -- -_ i' ft ? - - +' , -_ t, DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of an existing concrete walk adjacent to the southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said Plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of Beginning. BEING Lot No. 2-F on the Resubdivision Plan: Plan No. 12 Ridley Park, as prepared by D. P. Raffensperger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Sharon J. Whipkey, aWa Sharon L. Whipkey by deed dated October 31, 1989 and recorded November 3, 1989 in the Recorder of Deeds Office in and for Cumberland County in Book 34-G, Page 597 granted and conveyed unto Jon R. Simpson, one of the Grantors. PARCEL IDENTIFICATION NO: 09-17-1042-077E CONTROL #: 09004781 Premises: 14 West Dulles Drive, Camp Hill, PA 17011 Township of East Pennsboro, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian R. Thatcher and Laura S. Thatcher, husband & wife, by Deed from Sharon J. Whipkey and Jon R. Simpson, husband & wife, dated 09/29/1993, recorded 10/01/1993, in Deed Book 0-36, page 362. ?-a cl, a3 . ' J C>> PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PNC BANK, N.A. Plaintiff, V. No. 06-6452 BRIAN R. THATCHER LAURA S. THATCHER Defendant(s). , TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $58,049.16 Interest from 12/13/06 to 6/13/07 (per diem -$9.54) TOTAL Add' I fees $1,736.28 and Costs $61,824.94 $ 2,039.50 DANIEL G SCHMIE V QUIRE O ne P nn enter at Su n Station 1617 o F. Kennedy vard, 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. 143196 O? ce) wa a? az zz ?a UGH 00 H U 0 U?y xW H? ?U z z z Qr xx UU xx HH F OD U? wo O ? F ? bA a? U a w° a? as H way xx UU w Aq as Aq w N C? 110 _rn M C}' DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of an existing concrete walk adjacent to the southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said Plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of Beginning. BEING Lot No. 2-F on the Resubdivision Plan: Plan No. 12 Ridley Park, as prepared by D. P. Raffensperger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Sharon J. Whipkey, a/k/a Sharon L. Whipkey by deed dated October 31, 1989 and recorded November 3, 1989 in the Recorder of Deeds Office in and for Cumberland County in Book 34-G, Page 597 granted and conveyed unto Jon R. Simpson, one of the Grantors. PARCEL IDENTIFICATION NO: 09-17-1042-077E CONTROL #: 09004781 Premises: 14 West Dulles Drive, Camp Hill, PA 17011 Township of East Pennsboro, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian R. Thatcher and Laura S. Thatcher, husband & wife, by Deed from Sharon J. Whipkey and Jon R. Simpson, husband & wife, dated 09/29/1993, recorded 10/01/1993, in Deed Book 0-36, page 362. O Q Q C ^ ; -' i L I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-6452 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, N. A. Plaintiff (s) From BRIAN R. THATCHER AND LAURA S. THATCHER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$58,049.16 L.L.$.50 Interest FROM 12/13/06 TO 6/13/07 (PER DIEM - $9.54) - $1,736.28 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Other Costs ADD'L FEES - $2039.50 Plaintiff Paid Date: DECEMBER 28,2006 /? C)e 26Z4? - urtis R. Long, Prothonotary (Seal) By: OC CG-u? 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 AFFIDAVIT OF SERVICE PLAINTIFF PNC BANK, N.A. DEFENDANT(S) BRIAN R. THATCHER LAURA S. THATCHER SERVE BRIAN R. THATCHER AT 14 WEST DULLES DRIVE CAMP HILL, PA 17011 PAW CUMBERLAND COUNTY No. 06-6452 ACCT. #5004742234 Type of Action - Notice of Sheriff's Sale Sale Date: 6/13/07 SERVED 1 Served and made known to IJ 4 ?L K . Tkg 4.C k c'/` Defendant, on the l C1 }? day of n ct - 2001 at Z o'clock ..m., at _ I (4 L/ . 1J c- I (P J I` , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(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 of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3 y Height c[ 0 " Weight k*d Race l bV Sex/,O Other 4 S . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. to and By: E _A Tj EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State cr :Jew Jersey PATRICIA E. HARRIS NOT SERVED CoSi j* sion Expires JVne 1P, 2008 n e ay o 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1'" Attempt: / / Time: 2°d Attempt: / -/-Time:., 3rd Attempt:,/ / Time: Sworn to and subscribed before me this day of . 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 f? 2 7? ? o O tom- ?..a. Fri ? -? °? X? pa' CA AFFIDAVIT OF SERVICE PAW CUMBERLAND COUNTY PLAINTIFF PNC BANK, N.A. DEFENDANT(S) BRIAN R. THATCHER No. 06-6452 ?S# i i3 Q C? LAURA S. THATCHER ACCT. #5004742234 SERVE LAURA S. THATCHER AT Type of Action 14 WEST DULLES DRIVE - Notice of Sheriff's Sale CAMP HILL, PA 17011 Sale Date: 6/13/07 SERVED Served and made known to _? 4 u r'4 5 . Th u '? C k et , Defendant the I q4 --?? day of ?4 on ?wd'Y , 200 L at +ZC o'clock m., at H W . 6L,11 e 5 a r. , Commonwealth of Pennsylvania, in the manner described below: -,Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is 221_( an Adult in charge of Defendant(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 of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: jAge nL yS Height ??? Weight / 5'6 Race -II .Z Sex 44 Other I, j e? +'S a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and subscriW 207, BY: ASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE r". ?11C ATTEMPTED. Slate c., .yew Jersey MkICiA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 . Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 Vacant 2°d Attempt: / / Time: z 7Z C. ? -rs r'rl nj ,.0 µ 1 4 3 g IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION BRIAN R. THATCHER LAURA S. THATCHER NO. PNC BANK, N.A. 06-6452 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for PNC BANK, N.A. hereby verifies that on JANUARY 55_ 2flE a true and Correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the Recorded Lienholder(s) and any known interested party. P .d ?Z- op DANIEL G. SC MIE , ESQUIRE Attorney for Plaintiff Date: June 7, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahsence of a representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 143196 ? g . a ?• r f- a y W r i G O3d2 Woad amr n 0 0 0 r_ otoelwioio .? e dim xY RAI F?fit S r •" U I p A ? ? pp.. A R F ? ? O a N ?1 a1 H? ? ^ N l'r1 ? Vl 1p (? 00 Q? O •? N r+'1 g o c. ...., ? ?? - . --Y , y t _ . .-„?, s r -? ?..? z ?:? ?? t? --<' ?; , PNC Bank, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Brian R. Thatcher and Laura S. Thatcher Writ No. 2006-6452 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2007 at 1956 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Brian R. Thatcher and Laura S. Thatcher, by making known unto Laura S. Thatcher, personally and wife of Brian R. Thatcher, at 14 West Dulles Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1007 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 Brian R. Thatcher and Laura S. Thatcher located at 14 West Dulles Drive, 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 defendants, to wit: Brian R. Thatcher and Laura S. Thatcher, by regular mail to their last known address of 14 West Dulles Drive, Camp Hill, PA 17011. These letters were mailed under the date of April 3, 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 request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 21.77 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Law Journal 473.00 Patriot News 423.98 Postpone Sale 40.00 Share of Bills 16.17 , $1,110.22 ? 1011110 So Answers: R. Thomas Kline, Sheriff Byj- Real Estate rgeant SID Cj,_ 6 b59 9 j&, )116J"7 r PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS BRIAN R. THATCHER CIVIL DIVISION LAURA S. THATCHER NO. 06-6452 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PNC BANK, N.A. , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at X14 WEST DULLES DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name BRIAN R. THATCHER LAURAS.THATCHER Last Known Address (if address cannot be reasonably ascertained, please indicate) 14 WEST DULLES DRIVE CAMP HILL, PA 17011 14 WEST DULLES DRIVE 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) AMERICAN GENERAL FINANCE, INC. 2054 FRUITVILLE PIKE LANCASTER, PA 17601 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 14 WEST DULLES DRIVE 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 knowledge or information and belief. I understand that false statements herein are ma penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. December 13, 2006 DATE .S to the PNC BANK, N.A. V. Plaintiff, BRIAN R. THATCHER LAURA S. THATCHER Defendant(s). December 13, 2006 TO: BRIAN R. THATCHER 14 WEST DULLES DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 06-6452 LAURAS.THATCHER 14 WEST DULLES DRIVE CAMP HILL, PA 17011 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS ISNOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 14 WEST DULLES DRIVE, CAMP HILL, PA 17011. is scheduled to be sold at the Sheriffs Sale on 6/13/07 at. 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $58.049.16 obtained by PNC BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance W 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 L215) 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 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 ' a. DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of an existing concrete walk adjacent to the southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said Plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of Beginning. BEING Lot No. 2-F on the Resubdivision Plan: Plan No. 12 Ridley Park, as prepared by D. P. Raffensperger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Sharon J. Whipkey, a/k/a Sharon L. Whipkey by deed dated October 31, 1989 and recorded November 3, 1989 in the Recorder of Deeds Office in and for Cumberland County in Book 34-G, Page 597 granted and conveyed unto Jon R. Simpson, one of the Grantors. PARCEL IDENTIFICATION NO: 09-17-1042-077E CONTROL #: 09004781 Premises: 14 West Dulles Drive, Camp Hill, PA 17011 Township of East Pennsboro, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brian R. Thatcher and Laura S. Thatcher, husband & wife, by Deed from Sharon J. Whipkey and Jon R. Simpson, husband & wife, dated 09/29/1993, recorded 10/01/1993, in Deed Book 0-36, page 362. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-6452 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, N. A. Plaintiff (s) From BRIAN R. THATCHER AND LAURA S. THATCHER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$58,049.16 L.L.$.50 Interest FROM 12/13/06 TO 6/13/07 (PER DIEM - $9.54) - $1,736.28 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Other Costs ADD'L FEES - $2039.50 Plaintiff Paid Date: DECEMBER 28,2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE /s/ 64AAX44 k. A, ?J Curtis R. Long, Prothonotary ?J/? By: GGr-yLQ ad'e JL- ?C Deputy 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 ON) Real Estate Sale # 12 On January 25, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 14 West Dulles Drive, Camp Hill, East Pennsboro Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 25, 2007 By: Real Estat Sergeant ?? f I 'V b - AN LOOZ 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 Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 NOTARIAL. SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 JMAL >M'tJXT, WA IW. 13 Writ No. 2006-6452 Civil PNC Bank, N.A. vs. Brian R. Thatcher and G Lot No. 2-F on the RasRidley Laura S. Thatcher division plan.: Plan NO. P Raffen- ed by D. Ra Atty.: Daniel Schmieg park, as prepar and Engineers iates, DESCRIPTION sperger Assoc H ll pp' dated Camp All THAT CERTAIN tract or par- Surveyors, d recorded in 1977 an cel of land and premises, situate. March 17, Page 63. 30 l tying and being in the Township of , es OIL Book as No. 14 Dul BEING known East Pennsboro in the County of Drive, West. ses which ame prenu CUMBERLAND and Commonwealth of Pennsylvania, more particularly BEING the s Sharon ron J. Whipkey' a/k?a October described as follows: Sha L ?pkey by deed dateNovember d recorded BEGINNING at a point on the $ 989 an 1 he Recorder of C un 3 southerly line of an existing concrete ty 1989 in t o , C walk adjacent to the southerly line office in and for of Dulles Drive, which point page 59Scan ow ne 0 the dividing line between Nos. , n o gook 34- Jon R 2-F and 2-G on the hereinafter men- conveyed unto tioned Phan of Lots; thence along the souther line of said exis of PARCEL e GratIDENTIFICATION NO'. CONTROL crete walk South 60 degrees 00 077E 09-17-1042- minutes West a distance of 37.5 feet divi d in oint lin b 09004781' 14 West Dulles Drive, Ases' p e- id tween Lots Nos. 2-E an F onesa pren gfll pp, 17011, To berlana Cum Plan; thence along said dividing line Eat pennsboro. nnsylvania' South 30 degrees 00 minutes East di t f 120 f County, Pe OWNER RD a s ance o eet through the common wall of a dwelling house to RECO D PREMISES IS TITLE TO S? tither and T a point along land now or formerly f D IN Brian R d gt wife, ban r h h ?T S o East Pennsboro Township Board of Education; thence along said land , on e , Thatc key l aur Sharon from J. bpd & Deed from husband North 60 degrees 00 minutes East di f by Jon R. and 9J29?199B ok 6 a stance o 37.5 feet to a point, o 0-3 , ated 0 d Deed said point being at the dividing line 10?01?19g3, in between Lots Nos. 2-F and 2-G on page 1/62. the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of Beginning. f THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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#12 Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My commis ' Expires June 6, 2010 I, Mem r. Pen . ani? 49sociation of Notaries PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013