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HomeMy WebLinkAbout06-6635PHELAN 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 144040 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. KENNETH S. COLMAN SANDRA K. MASSE A/K/A SANDRA K. SHOEMAKER 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ?y NO. ''" -'/bL3T 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 #: 144040 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 #: 144040 1. 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: KENNETH S. COLMAN SANDRA K. MASSE A/K/A SANDRA K. SHOEMAKER 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/26/2004 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: 1865, Page: 453. 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 06/01/2006 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 #: 144040 6. The following amounts are due on the mortgage: Principal Balance $155,281.63 Interest 4,551.13 05/01/2006 through 11/15/2006 (Per Diem $22.87) Attorney's Fees 1,250.00 Cumulative Late Charges 154.81 04/26/2004 to 11/15/2006 Cost of Suit and Title Search 550.00 Subtotal $ 161,787.57 Escrow Credit -827.98 Deficit 0.00 Subtotal $- 827.98 TOTAL $ 160,959.59 9. 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 160,959.59, together with interest from 11/15/2006 at the rate of $22.87 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. PHE ALLINAN & SCHMIEG, LLP /s/Francis 1l i By: LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 144040 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Nottingham Drive at the common front property corners of Lot No. 12-A and Lot No. 12-B as shown on the hereinafter mentioned plan of lots; thence along said right-of-way North 08 degrees 01 minute 37 seconds West, a distance of 49.00 feet to a point at the dividing line between Lot No. 11-G and Lot No. 12-A; thence along said dividing line North 81 degrees 58 minutes 23 seconds East, a distance of 130.00 feet to a point; thence South 08 degrees 01 minute 37 seconds East, a distance of 49.00 feet to a point at the dividing line between Lot No. 12-A and Lot No. 12-13; thence along said dividing line South 81 degrees 58 minutes 23 seconds West, a distance of 130.00 feet to a point, said point being the Place of BEGINNING. CONTAINING 6,370.00 square feet. BEING Lot No. 12-A, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman and Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C, D, E and F. BEING TRACT NO. 1 which P.O.S.C., Inc., a Pennsylvania corporation, by its Deed dated December 10, 1999 and recorded December 17, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 213, Page 371, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. PREMISES BEING 54 NOTTINGHAM DRIVE File 4: 144040 VERIFICATION 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: fv?, w _ {? N Cn _ _ r C +l CID e? 3 F "? 113 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 WASHINGTON MUTUAL BANK, F.A. Plaintiff VS. KENNETH S. COLMAN SANDRA K. MASSE A/K/A SANDRA K. SHOEMAKER Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 06-6635 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. III IHlob Date Francis S. Hallinan, Esquire Attorney for Plaintiff VERIFICATION ' hereby states that he/she is Amy Weis ?`v f 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 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: // " ,--) y - O Co Loan: 3074897707 Name. Am Weis Title: AVP Company: Washington Mutual Bank ' iJT1.Z C? C p -Ti C co 'tom„ I :] SHERIFF'S RETURN - REGULAR CASE NO: 2006-06635 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK ET AL VS COLMAN KENNETH S JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE C_OLMAN KENNETH S was served upon the DEFENDANT , at 2100:00 HOURS, on the 17th day of November , 2006 at 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 Tr--TTY T T /" /-1T T /A A TT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.28 Affidavit. 00 y. Surcharge 10.00 R. Thomas Kline .00 33.28E 11/20/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day ep ty Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06635 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND WASHINGTON MUTUAL BANK ET AL VS COLMAN KENNETH S JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MASSE SANDRA K A/K/A SANDRA K SHOEMAKER was served upon the DEFENDANT , at 2100:00 HOURS, on the 17th day of November-, 2006 at 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 by handing to KENNETH COLMAN, BOYFIREND, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00- 16.00./ 11/20/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: c before me this day pu y Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff, V. KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6635-CIVIL TERM 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 KENNETH S. COLMAN and SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER, 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 11/16/06 to 1/8/07 TOTAL $160,959.59 $1,234.98 $162,194.57 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. '?-4ANIFEL G. SCHMIEG, E IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: J? IJ i 2 a7 PRO PROTHY 144040 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. : COURT OF COMMON PLEAS Plaintiff Vs. KENNETH S. COLMAN SANDRA K. MASSE A/K/A SANDRA K. SHOEMAKER Defendants TO: KENNETH S. COLMAN 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: DECEMBER 13, 2006 CUMBERLAND COUNTY NO. 06-6635 CIVIL TERM F?LE Ur Y 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 o F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CIVIL DIVISION 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. : COURT OF COMMON PLEAS Plaintiff Vs. KENNETH S. COLMAN CIVIL DIVISION : CUMBERLAND COUNTY SANDRA K. MASSE A/K/A SANDRA K. :NO. 06-6635 CIVIL TERM SHOEMAKER Defendants TO: SANDRA K. MASSE A/K/A SANDRA K. SHOEMAKER 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 FILE DAT E OF NOTICE: DECEMBER 13, 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 Ali/ ARA NCIS 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 AVENUE Plaintiff, V. KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6635-CIVIL TERM 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 KENNETH S. COLMAN is over 18 years of age and resides at, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050. (c) that defendant SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER is over 18 years of age, and resides at, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff lJ O d r- ru z-) ` , _- ? 7y . (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 AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-6635-CIVIL TERM KENNETH S. COLMAN SANDRA K. MASSE, AIK/A SANDRA K. SHOEMAKER . Defendant(s). . Notice is given that a Judgment in the above-captioned matter has been entered against you on ja6?>_ a 2001 By: If you have any questions concerning this matter, please contact: NIEL G. SCHMIEG, E IRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER No. 06-6635-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 1/8/07 to JUNE 13, 2007 (per diem -$26.66) TOTAL $162,194.57 $4,158.96 and Costs $166,353.53 DANIEL G. SCHMIEG, ES IRE 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. 144040 d O? Wa w? zz O F Uz 00 ?z o xw F U C' co L Ja" t_L- EJ J a ?? a d W d w O ? s? ? U z z w x x d ? ? x A z d O WU w? O? F ? o W of w? w w 9 a 1 l T V V r ? 14 en Q ? l7 ? Lo V V ry w I 'ti cz a w O tom, 0 0 0 0 r r dd as C7 C7 as UU zz ?x UU W W ?A HH oz •b d v a? rA cC 0 0 a ZJ? U . _I A / J C' (?C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6635 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINTON MUTUAL BANK, F.A., Plaintiff (s) From KENNETH S. COLMAN, SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER (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 $162,194.57 L.L. $.50 Interest FROM 1/8/07 TO 6/13/07 (PER DIEM - $26.66) - $4,158.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $131.28 Plaintiff Paid Date: JANUARY 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 Telephone: 215-563-7000 Supreme Court ID No. 62205 Other Costs - FULy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. KENNETH S. COLMAN , SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER Defendant(s). , CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6635-CIVIL TERM 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, DIRE Attorney for Plaintiff T_ _ • s Y l? WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6635-CIVIL TERM 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 ,54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 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. V A e-? January 8, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff na C 7 c°`? } J • [ r ' shy WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER Defendant(s). CUMBERLAND COUNTY No. 06-6635-CIVIL TERM January 8, 2007 TO: KENNETH S. COLMAN 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 "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, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050, 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 17013, to enforce the court judgment of $162,194.57 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 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 I DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Nottingham Drive at the common front property corners of Lot No. 12-A and Lot No. 12-B as shown on the hereinafter mentioned plan of lots; thence along said right-of-way North 08 degrees 01 minute 37 seconds West, a distance of 49.00 feet to a point at the dividing line between Lot No. 11-G and Lot No. 12-A; thence along said dividing line North 81 degrees 58 minutes 23 seconds East, a distance of 130.00 feet to a point; thence South 08 degrees 01 minute 37 seconds East, a distance of 49.00 feet to a point at the dividing line between Lot No. 12-A and Lot No. 12- B; thence along said dividing line South 81 degrees 58 minutes 23 seconds West, a distance of 130.00 feet to a point, said point being the Place of BEGINNING. CONTAINING 6,370.00 square feet. BEING Lot No. 12-A, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman and Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C,D,EandF. BEING TRACT NO. 1 which P.O.S.C., Inc., a Pennsylvania corporation, by its Deed dated December 10, 1999 and recorded December 17, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 213, Page 371, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. PARCEL IDENTIFICATION NO: 38-19-1621-232 Control #: 38002918 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kenneth S. Colman, single person and Sandra K. Masse, single person, as joint tenants with right of survivorship and not as tenants in common, by Deed from Fine Line Homes, Inc., dated 04116/2004, recorded 05/11/2004, in Deed Book 262, page 4727. N - > 'T7 f'- ? (YD AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) KENNETH S. COLMAN SANDRA K. MASSE, AXIA SANDRA K. SHOEMAKER SERVE KENNETH S. COLMAN AT 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 SERVED CUMBERLAND COUNTY No. 06-6635-CIVIL TERM ACCT. #3074897707 Type of Action T jk? 1 q q - Notice of Sheriffs Sale Sale Date: NNE 13, 2007 Served and made known to K ertn K S. n? „a?Q4 Defendant, on the ____L0_ day of jj? j P-4 200_7, at y • o'clock _ m., at sY W o a 1y,,,,% d /` Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is 4 u h G• 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 e Height 711 Weight 1 M Race W Sex F Other I, aut%A Q ab er fS _, 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. Sworn to and subscribed ?-- a this! d 0 a ' 0 200 \ By. ERVIC AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. P RLIA E. HARRIS Conimission Expires June 16, 2006 NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Ist Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 . Notary: By: Attorney for Plaintiff Daniel G. Schntieg, Esquire - I.D. No. 62205 Vacant 2nd Attempt: / / Time: / 5 Q -lam ? ' t'n C _ AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER SERVE SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER AT 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 SERVED CUMBERLAND COUNTY No. 06-6635-CIVIL TERM ACCT. #3074897707 Type of Action ?KS# Iqq 0q0 - Notice of Sheriff's Sale Sale Date: NNE 13, 2007 Served and made known to _ 5Ct A A (4 14 . _AA&Cs P_ Defendant, on the 10 day of Pe Iotucv-y ,200'19 at S -1 o'clock ?-.m., at S 4 r .)6 f4 ins k* 600-% 81'. , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ?1?Adult family member with whom Defendant(s) reside(s). Name and Relationship is S 1•?? d 4c?sk,?cr? 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: AgeIic-2.- Height Weight I jD Race 1.,V Sex F Other I, (? G? 1, d I ?Ob er+-r 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. By. Ccn.-s? G State o, New Jersey PATRICIA E. HARRIS Canmission Expires June 16, 2008 On the day of NOT SERVED 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1ST 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 SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Vacant 2°d Attempt: / / Time: 3:,w t°1'4 f _ 'T? -n f1T? PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG, ESQUIRE I.D. NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400/ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 WASHINGTON MUTUAL BANK, F.A. V. KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER #144040 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-6635-CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of WELLS FARGO BANK, N.A. I HOME CAMPUS, DES MOINES, IA 50328 r? DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Date: July 10, 2007 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of WELLS FARGO BANK, N.A. USE PLAINTIFF. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ? so ? po ? "? ? o ?! ` ? c.... ?-- a '? ? o =? -o -? ? t1) ? ?" ? ? ? N .C ---t ?i Washington Mutual Bank, F.A. VS Kenneth S. Colman and Sandra In the Court of Common Pleas of Cumberland County, Pennsylvania K. Masse, a/k/a Sandra K. Shoemaker Writ No. 2006-6635 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2007 at 1540 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: Kenneth S. Colman and Sandra K. Masse, a/k/a Sandra K. Shoemaker, by making known unto Kenneth S. Colman, personally and husband of Sandra K. Masse, a/k/a Sandra K. Shomaker, at 54 Nottingham Drive, Mechanicsburg, 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 0833 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 Kenneth S. Colman and Sandra K. Masse a/k/a Sandra K. Shoemaker, located at 54 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kenneth S. Colman and Sandra K. Masse a/k/a Sandra K. Shoemaker, by regular mail to their last known address of 54 Nottingham Drive, Mechanicsburg, PA 17050. 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 20.77 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 11.52 Levy 15.00 Surcharge 30.00 Law Journal 461.00 Patriot News 402.98 Share of Bills 16.17 Postpone Sale 40.00 94 ? i0/1$101 $1 058 9 , . 1- *X / s-V ? iQgGpq So Answers: i - ,'Sheriff R. KlineB 6 Real Estate ergeant 1 f WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS KENNETH S. COLMAN CIVIL DIVISION SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER NO. 06-6635-CIVIL TERM Defendant(s). J' 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 ,54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name KENNETH S. COLMAN SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER Last Known Address (if address cannot be reasonably ascertained, please indicate) 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 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. January 8, 2007 DATE DANIEL G. SCHMIEG, ESQUIU Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. CUMBERLAND COUNTY No. 06-6635-CIVIL TERM KENNETH S. COLMAN SANDRA K. MASSE, , A/K/A SANDRA K. SHOEMAKER Defendant(s). January 8, 2007 TO: KENNETH S. COLMAN 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 "THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 54 NOTTINGHAM DRIVE, MECHANICSBURG, PA 17050, 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 17013, to enforce the court judgment of $162,194.57 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 Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 1 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Nottingham Drive at the common front property corners of Lot No. 12-A and Lot No. 12-B as shown on the hereinafter mentioned plan of lots; thence along said right-of-way North 08 degrees 01 minute 37 seconds West, a distance of 49.00 feet to a point at the dividing line between Lot No. 11-G and Lot No. 12-A; thence along said dividing line North 81 degrees 58 minutes 23 seconds East, a distance of 130.00 feet to a point; thence South 08 degrees 01 minute 37 seconds East, a distance of 49.00 feet to a point at the dividing line between Lot No. 12-A and Lot No. 12- B; thence along said dividing line South 81 degrees 58 minutes 23 seconds West, a distance of 130.00 feet to a point, said point being the Place of BEGINNING. CONTAINING 6,370.00 square feet. BEING Lot No. 12-A, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman and Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C, D, E and F. BEING TRACT NO. 1 which P.O.S.C., Inc., a Pennsylvania corporation, by its Deed dated December 10, 1999 and recorded December 17, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 213, Page 371, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. PARCEL IDENTIFICATION NO: 38-19-1621-232 Control #: 38002918 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kenneth S. Colman, single person and Sandra K. Masse, single person, as joint tenants with right of survivorship and not as tenants in common, by Deed from Fine Line Homes, Inc., dated 04/16/2004, recorded 05/11/2004, in Deed Book 262, page 4727. ' - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6635 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINTON MUTUAL BANK, F.A., Plaintiff (s) From KENNETH S. COLMAN, SANDRA K. MASSE, A/K/A SANDRA K. SHOEMAKER (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 $162,194.57 L.L. $.50 Interest FROM 1/8/07 TO 6/13/07 (PER DIEM - $26.66) - $4,158.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $131.28 Other Costs Plaintiff Paid Date: JANUARY 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 Telephone: 215-563-7000 lJCyuLy Supreme Court ID No. 62205 rLMrJ GE) D:E?m Real Estate Sale # 07 On January 25, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 54 Nottingham Drive, Mechanicsburg, Silver Spring Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 25, 2007 By: slv? Real Estate Sergeant L fi :Z ci Z I NVF 1001 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 S A L E #7 r-? . ............................................ 0??. ........ .... Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L. Russell, Notary Public My Ot amsburg; Dauphin County W Corot ission Expires June 6, 2010 M nnsvlvania Association of Notaries N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 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. Lisa Marie Coyne, SW01N-T'0 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 REAL ROTATE SAIX NO. 7 Writ No. 2006-6635 Civil Washington Mutual Bank, F.A. vs. Kenneth S. Colman and Sandra K. Masse a/k/a Sandra K. Shoemaker Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Notting- ham Drive at the common front property corners of Lot No. 12-A and Lot No. 12-B as shown on the here- inafter mentioned plan of lots; thence along said right-of-way North 08 degrees 01 minute 37 seconds West, a distance of 49.00 feet to a point at the dividing fine between Lot No. 11-G and Lot No. 12-A: thence along said dividing line North 81 degrees 58 minutes 23 seconds East, a distance of 130.00 feet to a point; thence South 08 degrees 01 minute 37 seconds East, a distance of 49.00 feet to a point at the divid- ing line between Lot No. 12-A and Lot No. 12-B: thence along said di- viding line South 81 degrees 58 minutes 23 seconds West, a dis- tance of 130.00 feet to a point, said point being the Place of BEGIN- NING. CONTAINING 6,370.00 square feet. BEING Lot No. 12-A, Final Sub- division Plan of Southfjejd Crossing (Phase Two), P1epared by Hartman and Associates, Inc., Engineers and Surveyors, and recorded on Septem- ber 24, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C,D,EandF. BEING TRACT NO. 1 which P.O.S.C., Inc., a Pennsylvania cor- poration, by its Deed dated Decem- ber 10, 1999 and recorded Decem- ber 17, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, In Deed Book 213, Page 371, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. PARCEL IDENTIFICATION NO: 38-19-1621-232. Control #: 3800- 2918. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kenneth S. Colman, single person and Sandra K Masse, single person, as joint tenants with right of survivorship and not as ten- ants in common, by Deed from Fine Line Homes, Inc., dated 04/16/ 2004, recorded 05/11/2004, in Deed Book 262, page 4727. PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff : I Court of Common Pleas : I Civil Division : CUMBERLAND County vs KENNETH S. COLEMAN SANDRA K. MASSE A/K/A SANDRA K. SHOEMAKER Defendant : I No. 06-6635 CIVIL TERM PHS# 144040 TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: November 4, 2008 Francis S. Ha linan Attorney for Plaintiff ("Ti c. rr - , c ? o