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HomeMy WebLinkAbout02-4173 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA a:2. '117,3 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. CASSANDRA L. HOFFLER AND RONALD L. HOFFLER Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TlON 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VI SO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTlCIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTlFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE EST A DEMANDA A UN ABOGADO IMMEDlA TEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LA WYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TlON 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE vs. CASSANDRA L. HOFFLER AND RONALD L. HOFFLER, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW p.;L - t{ / 7 j ACTION OF MORTGAGE FORECLOSURE vs. CASSANDRA 1. HOFFLER AND RONALD 1. HOFFLER, Defendants COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, W ASHlNGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., is a corporation, with an address of P.O. BOX 1169, DEPT. 2665 MILWAUKEE, WISCONSIN 53201. 2. Defendant, CASSANDRA 1. HOFFLER, is an adult individual, whose last known address is 25 WEST LOCUST STREET, MECHANICSBURG, PENNSYL VANIA 17055. Defendant, RONALD 1. HOFFLER, is an adult individual, whose last known address is 25 WEST LOCUST STREET, MECHANICSBURG, PENNSYL VANIA 17055. 3. On or about, March 30, 1998, the said Defendants, executed and delivered a Mortgage Note in the sum of $87,900.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment ofa copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1443, Page 702 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FLEET MORTGAGE CORP. and recorded in the aforesaid County in Mortgage Book 572, Page 846. Fleet Mortgage Corp. is now known as Washington Mutual Bank, FA Successor by Merger to Washington Mutual Home Loans, Inc. Successor in Interest by Merger to Fleet Mortgage Corp. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 25 WEST LOCUST STREET, MECHANICSBURG, PENNSYL VANIA 17055 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on May 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $83,602.63 Interest at $15.46 per day From 04/0I/2002 To 09/0I/2002 (based on contract rate of6.750%) $2,829.18 Accumulated Late Charges $146.54 Late Charges $44.02 From 05/0I/2002 to 09/0I/2002 $ I 76.08 Escrow Balance $1,109.14 $4,180.13 $92,043.70 Attorney's Fee at 5% of Principal Balance TOTAL --Together with interest at the per diem rate noted above after September 01, 2002 and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event ofa third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. II. The within Mortgage is insured by the Federal Housing Administration under Title II ofthe National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.750% ($15.46 per diem), together with other charges and costs including escrow advances incidental thereto to th ate of Sheriffs Sale and for foreclosure and sale of the property within described. By: PURe L, K UG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) " :'j:j't~it/ ,~ Fmc87783.tit (1696x2800x2 titt) l6J ----" i '--'-' ~, First American Title Insurance Company Commitment No. 642275 SCHEDULE C '. " ~,. ~ ! ; i j; , !~ ;, i !...: ~" ;, j;.. l"'; , I, , s' f i" I !" t l; )\ , f f l , , i I f" i- " ~ [ 1" ,. ,.;, , }\ ~ ,~ '. t! L r [": [, f ALL THAT CERTAIN dw~1l1nq house, nUOIbereJ.: U lrIe'it L\l~lIst Stl.~et, And lot 01 qfound t.i tUAte in lbr Sarouq:-' of 111t';:I..ni.t:5burg, Count.y of eUJlbe,.lo\n.:! and State 01 f"etlnsylvo\nh, boundpd om';! d'1'sC/"ib.d as follows, to wI h I: ~ ; :j " H 'I i BEGINNING at A post ~t lh. corn~r 01 Lu,u~l Stre.t and La~o~t AlleY1 thence a1oo9 said Alley. South 22.~~ deqree5 w.~t, on~ b"ndr~d 11fty 1..1 10 a post; thence by An Alley, Westward~ thirty-nine (~7) teet to a post; thence by lot ROW or fDrmer~y ~1 Llnda F. Millar, North one hundnd fifty (1:)0) teel to Lo~u't Strnt; thence by Solid Strut. East, lwent~-seYen (27) feet to th~ pl~ce of 8EO]~IING. ~ r 1- I\A" t::: Xh,biL COMPANY NAME: W\ffiIN:'KN M.JII.AL B'N<, FA q, (~""!,H BY ~ m ~ M.JII.AL /D<E Ia\N3, IN::. q, ( ~,,"! " IN INlERESI' BY l'ffiffi m FlEE!' M:RJ:G'\G': CXRP. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated B IH:r HI' 7.7. /.00;> Title it ;:; lrt ~ ~ ~f~ ~ ~ B B (') c -- ?,: '-'C'" [0r';--l ~::J; ,~2 ~: :".:':l- ;:C-., :'~:: ~:;. E~: ~~ i~ -< :.) .." 8 a "-) U) :T) o , t....,) o ., u:::J -,-~ ., -;.:::: -.if1 .y :1\") , .-._n :>r"5 _jrn s;! :..':] -< SHERIFF'S RETURN - REGULAR CASE NO: 2002-04173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUTAL BANK VS HOFFLER CASSANDRA L ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFLER CASSANDRA L the DEFENDANT , at 1941:00 HOURS, on the 9th day of September, 2002 at 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 by handing to CASSANDRA HOFFLER 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: Docketing Service Affidavit Surcharge So Answers: 18.00 6.90 .00 10.00 .00 34.90 ~a'~ ~ c,r >>.t;"<,..,,,"-.d<. "-r-f? R. Thomas Kline 09/10/2002 PURCELL KRUG HALLER Sworn and Subscribed to before me this /3'!:- day of 1.,-p;~_1u~ ~btJ.:L A.D. Ie) Ii;~ten~~~~~> ~' By: -~ ~J - J , D ty heriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUTAL BANK VS HOFFLER CASSANDRA L ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFLER RONALD L the DEFENDANT at 1941: 00 HOURS, on the 9th day of September" 2002 at 25 WEST LOCUST STREET MECHANICSBURG, PA 17055 by handing to CASSANDRA HOFFLER 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: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: .,,/""; _~_":-::,1 ?~.';,r. " R. Thomas Kline h/~ . ,)?~."~k.~:;:~ / 09/10/2002 PURCELL KRUG HALLER Sworn and Subscribed to before By: ~~_ )). w-J putoeriff me this /3 ~ day of ~~~ .;200..L. A.D. (}'r.l Q'~~ / Prothonotary' WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. CASSANDRA L. HOFFLER AND RONALD L. HOFFLER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 4173 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants CASSANDRA L. HOFFLER AND RONALD L. HOFFLER for failure to plead to the above action within twenty (20) days from follows: date of service of the Complaint, and assess Plaintiff's damages as Unpaid principal balance Interest (Per diem of $15.46 from 4/1/02 to 9/1/02) Accumulated late charges Late charges ($44.02 per month to 9/02) Escrow Deficit 5% Attorney's Commission TOTAL $83,602.63 $ 1,829.18 $ 146.54 $ 176.08 $ 1,109.14 $ 4.180.13 $92,043.70** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, By ..."- Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF\DOCS\CUMBERlA \HOFFLERP WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. CASSANDRA L. HOFFLER AND RONALD L. HOFFLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 4173 IN MORTGAGE FORECLOSURE DEFENDANTS CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 9, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. B~ Leon P. Haller. PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 WASHINGTON MUTIJAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INe. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4173 Plaintiff VS. : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE CASSANDRA L. HOFFLER AND RONALD L. HOFFLER Defendants DATE OF THIS NOTICE: October 9, 2002 TO: CASSANDRA L. HOFFLER 25 W. LOCUST STREET MECHANICSBURG, PA 17055 RONALD L. HOFFLER 25 W. LOCUST STREET MECHANICSBURG, P A 17055 TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FrND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 717-249-3166 PURCELL, KRUG~_,~AH ~.....,. /" /'/ ,// By-==.:.....::.::..:.:=~_.....::'"/ . LEON P. HALLER, Attorney for Plaintiff J.D. # 15700 1719 N. Front SI., Harrisburg, PA 17102 (717) 234-4178 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. CASSANDRA L. HOFFLER AND RONALD L. HOFFLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 4173 DEFENDANTS IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public In and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged In any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this 02---" day of ~lj~ 2Q9,?-- ~ tt" ~~ --~ry~C NOTARIAL SEAL MARYLAND K FERRETTI, NolaIy Public Lower Paxton Twp., Oaupmn County My Cormrission ExpIres Aug. 8, 2006 c -,:J 0 ~ li f'I ...a ~ ~ () 0 0 F C> .;: r"J , - ~ < :::J ~ -:") ;=.'" ;} ?:~~ :"'" C-) ~ - r ":.:- I -. {]v c' ~ ~ j .;- tv r'" ,",-.'~ --.0 J-.~ , 7:;" e: >< ':,~ ~ ...;_.;- r :/~ ";': ---. :...-, -' U:.J ~ ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg, Cumberland County, pennsylvania, described as follows: the Borough of bounded and BEGINNING at a post at the corner of Locust Street and Lamont Alley; thence along said Alley, South 22.25 degrees West, one hundred fifty (150) feet to a post; thence by an Alley, westward thirty-nine (39) feet to a post; thence by lot now or formerly of Linda F. Millar, North one hundred fifty (150) feet to Locust Street; thence by said Street, East twenty-seven (27) feet to the place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 25 WEST LOCUST STREET, MECHANICSBURG, PENNSYLVANIA 17055. BEING THE SAME PREMISES WHICH Brian P. Bleichner and Beth Bleichner by deed dated 3/30/98 and recorded 4/3/98 in Deed Book 174, Page 942 granted and conveyed unto Ronald :::..,. Hoffler and Cassandra L. Hoffler. TO BE SOLD AS THE PROEPRTY OF RONALD L. HOFFLER AND CASSN~DRA L. HOFFLER ON JUDGMENT NO. 2002 4173. ASSESSMENT # 16-23-0565-066 K :'.MKI-\OOCS\CUMBERLA \HOFFLER DES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 4173 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF TOTAL AMOUNT OF JUDGMENT $92,043.70 Interest at $15.46 per diem to sale date $ 2,844.64 Late charges at $44.02 per month to sale date $ 176.08 Escrow Deficit $ 2,000.00 TOTAL $97,064.42* VS. CASSANDRA L. HOFFLER AND RONALD L. HOFFLER, DEFENDANT(S) *SALE DATE: WEDS. ,MARCH 5, 2003 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: December 2, 2002 -~ Leon P. Haller PA I.D. #15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 25 WEST LOCUST STREET, MECHANICSBURG, PENNSYLVANIA 17055. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K :\MKF\DOCS\CUMBERLA \HOFFLER.W 70 ~ ~ ~~ ~ ~ ~ (") lU l0 ~ ---..0 L ~ ? +- U l ~.f4. . - </\1 6 () 10 I ( ~~ r:- :t (^ _ fA.. ~ '-J ~..(j D\ ... ~ ~ ~g2~gc2 I ( I I I I I ' (?-::-0 _~::~r-- ---~ Ci', -~~ ---l):::) -.... .- .... ........ . .... - - .. ....... 1...___1 Q r-.;' ~';' ~::> ,~, '11 I':Jf;. C; I~)~_" ~~: '.:..~ G:-.. ~'-~ (. - C:'~.; ~,-:--:; i. ! ~~ ~ .~~ :-., "';:'~I :.....) ::< \0 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. CASSANDRA L. HOFFLER AND RONALD L. HOFFLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 4173 DEFENDANTS IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 25 WEST LOCUST STREET, MECHANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s) Cassandra L. Hoffler 25 West Locust Street Mechanicsburg, PA 17055 Ronald L. Hoffler 25 West Locust Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every jUdgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 7 . Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 2, 2002 o c <. -'C. n~j f ;;; ~-'- ~> Cc:: ~. ~~:; L:_ _..,,1 -c c-.:_ \' :-:J ") en (=' WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. CASSANDRA L. HOFFLER AND RONALD L. HOFFLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 4173 IN MORTGAGE FORECLOSURE DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, March 5, 2003 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated In detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold lS: 25 WEST LOCUST STREET MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount which your property lS being Commonwealth and County to: of $92,043.70 under or pursuant to sold is docketed in the wi thin NO . 2002 4173 K :\MK f:\DOCS',C UMBERlA \HOFFLE R NOS THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property lS: CASSANDRA L. HOFFLER AND RONALD L. HOFFLER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLA,CE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: i. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator'S Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg, Cumberland County, Pennsylvania, described as follows: the Borough of bounded and BEGINNING at a post at the corner of Locust Street and Lamont Alley; thence along said Alley, South 22.25 degrees West, one hundred fifty (150) feet to a post; thence by an Alley, westward thirty-nine (39) feet to a post; thence by lot now or formerly of Linda F. Millar, North one hundred fifty (150) feet to Locust Street; thence by said Street, East twenty-seven (27) feet to the place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 25 WEST LOCUST STREET, MECHANICSBURG, PENNSYLVANIA 17055. BEING THE SAME PREMISES WHICH Brian P. Bleichner and Beth Bleichner by deed dated 3/30/98 and recorded 4/3/98 in Deed Book 174, Page 942 granted and conveyed unto Ronald L. Hoffler and Cassandra L. Hoffler. TO BE SOLD AS THE PROEPRTY OF RONALD L. HOFFLER AND CASSANDRA L. HOFFLER ON JUDGMENT NO. 2002 4173. ASSESSMENT # 16-23-0565-066 K :\MKF\DOCS\CUMB ERlA \HOFFLERDES (') (- ~~n.'i J-.._ >< en ~':~ -- Z-.;:' ': '::.~;: ( ",,-' S~~ ..:.--, -~ ;-::) "1 -) c:? c- C;:J -.- =0 -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4173 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff (s) From CASSANDRA L. HOFFLER AND RONALD L. HOFFLER, 25 WEST LOCUST STREET, MECHANIcSBURG, P A 17055 (I) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRITPION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $92,043.70 L.L. $.50 Interest AT $15.46 PER DIEM TO SALE DATE $2,844.64 Atty's Corom % Due Prothy $1.00 Other Costs LATE CHARGES AT $44.02 PER ESCROW DEFICIT $2,000.00 Atty Paid $142.90 MONTH TO SALE DATE $176.08 Plaintiff Paid Date: DECEMBER 4, 2002 (Seal) CURTIS R. LONG Prothonot~ n ~ ~ ~n~ .~ A~1I"..r- - Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Washington Mutual Bank, FA Successor By Merger to Washington Mutual Home Loans, Inc., Successor in Interest by Merger to Fleet Mortgage Corp. VS Cassandra L Hoffler and Ronald L Hoffler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4173 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriffs Costs: Docketing Surcharge Advertising Posting Bills Law Library Prothonotary Mileage Levy Poundage Share of Bills 30.00 30.00 15.00 15.00 .50 1.00 13.80 15.00 2.91 25.21 $ 148.42 paid by attorney 02/21/03 Sworn and subscribed to before me 7~~ This :J. 7~daY~f ~Lh ?'7_ 2003, A.D. (.-f~r-L--a /h..,~~_ .li'dfi7 Prothonotary R. Thomas Kline, Sheriff BYJ~S~ Real Est te Deputy j.-i) U<.. jq~l,.{ " ~ 13:J'o<{,> Lo_ l..!__ ).__ C,..) Ct.J C:.::, Real Estate Sale # 40 On December 6, 2002 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, P A known and numbered as 25 West Locust Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 6, 2002 ByJ-oc'Lu 5w~ Real Estate Deputy ~~ ~~ LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234,4178 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO WASHIGNTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS. CASSANDRA L. HOFFLER and RONALD L. HOFFLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4173 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: please mark the judgment entered against the Defendants satisfied of record. Dated: July 12, 2005 PURCELL, KRUG & HALLER BY: L p, Haller ID #15700 Attoney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234 -4178 '.;i. =' u' ,;;:: 'F~ - w :.S / -'~ o -n .-\ :r:-.. rn-d -1.-,'\-;-' ",',0 ,.J"l \~~ (1~ <~~,~~~ ,~ -0 ::1i' r;-? c::> N -,~.... ,,;:J ...<.