Loading...
HomeMy WebLinkAbout07-0664PHELAN 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 PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 142793 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. SABRINA A. HANCOCK A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK 536 C STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 --Lt ? (7,,, j t r--T. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 142793 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 (SEE ATTACHED ESPANOL AVISO) File #: 142793 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 File #: 142793 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 #: 142793 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SABRINA A. HANCOCK A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK 536 C STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR NBANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1913, Page: 4844. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 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 4: 142793 6. The following amounts are due on the mortgage: Principal Balance $156,993.82 Interest $5,769.36 07/01/2006 through 02/01/2007 (Per Diem $26.71) Attorney's Fees $1,250.00 Cumulative Late Charges $289.62 06/30/2005 to 02/01/2007 Cost of Suit and Title Search 550.00 Subtotal $164,852.80 Escrow Credit $0.00 Deficit $4,034.74 Subtotal $4,034.74 TOTAL $168,887.54 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 142793 9. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $168,887.54, together with interest from 02/01/2007 at the rate of $26.71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/ is S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142793 LEGAL DESCRIPTION ALL THAT CERTAIN tract of and with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Larry V. Neidlinger, RPLS, dated August, 1999, as follows to wit: BEGINNING at an iron pin set 159.60 feet West of Cherry Street on southern right-of-way line of 60 foot wide 'C' Street at corner of lands now or formerly of Frank Stets; thence along lands now or formerly of Frank Stets, South 06 degrees 13 minutes 00 seconds West 200.18 feet to approximate centerline of Waggoners Gap Road; thence along approximate centerline of Waggoners Gap Road, North 48 degrees 33 minutes 00 seconds West 346.98 feet to a point; thence along southern right-of-way line of 60 foot wide 'C' Street, South 83 degrees 47 minutes 00 seconds East 283.42 feet to an iron pin set, the Place of BEGINNING. CONTAINING 0.6512 acre and designated as 536 'C' Street, Carlisle. SUBJECT, HOWEVER, to such easements, restrictions and conditions as may apply to the afore-described tract of land. BEING the same premises which James M. Sloat and Laura M. Sloat, his wife, by their Deed dated October 31 st, 2001 and recorded November 1, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 249, Page 104, granted and conveyed unto John J. McAllen and Traci L. McAllen, husband and wife. PROPERTY BEING: 536 C STREET File #: 142793 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 02-Vm\C)q C? - l ?.i 40. Z \ V Z 7` r? c-? f`J 0 JiT'7 ws I (I oe3 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Lily.Hainey@fedphe.com Countrywide Home Loans, Inc. vs. Sabrina A. Hancock a/k/a Sabrina Ann Steele Brian K. Hancock Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-664-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Brian K. Hancock, by first class mail and certified mail to the Defendant at last known address, 866 Carl Wynne Manor, Apt C201, Carlisle, PA 17013 and to the mortgaged premises, 536 C Street, Carlisle, PA 17013, posting of the mortgaged premises, 536 C Street, Carlisle, PA 17013, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Brian K. Hancock, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 536 C Street, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the property is vacant. 4 2. The Sheriff of Cumberland County also attempted to serve the Defendant at 866 Carl Wynne Manor, Apt C201, Carlisle, PA 17013. As indicated by the Sheriff's Return of Service attached hereto as Exhibit "B", there was no response from the Defendant. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of March 28, 2007, there has been no other ruling on this case. 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on March 28, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's March 28, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Brian K. Hancock, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By aniel G. Schmieg, Esquir Attorneys for Plaintiff March 28, 2007 5 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Lily.Haiiiey@fedphe.com Countrywide Home Loans, Inc. vs. Sabrina A. Hancock aIk/a Sabrina Ann Steele Brian K. Hancock Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-664-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the 6 county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A" and "B" the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: March 28, 2007 7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00664 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HANCOCK SABRINA A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HANCOCK BRIAN K but was unable to locate Him in his bailiwick (`nT,ADT T TTTT TA/-Nn M nr?n" He 'therefore returns the NOT FOUND , as to the within named DEFENDANT HANCOCK BRIAN K 536 C STREET CARLISLE, PA 17013 PROPERTY IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answers, 6.00 --' - ?"` .00 5.00 R. T o as Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 03/05/2007 Sworn and Subscribed to before me this _ day of A. D. ,?(ht bid- s SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-00664 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HANCOCK SABRINA A ET AL R. Thomas Kline , Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: HANCOCK BRIAN K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAIN'T' - MORT FORE the within named DEFENDANT , HANCOCK BRIAN K 866 CARLWYNNE MANOR APT C 201 CARLISLE, PA 17013 DEFENDANT IS AVOIDING SERVICE, HE WAS HOME AND WOULD NOT ANSWER THE DOOR. NOT SERVED , as to Sheriff's Costs: So answers•'??% Docketing 6.00 Service 13.20 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 29.20 PHELAN HALLINAN SCHMIEG 03/05/2007 Sworn and Subscribed to before me this day of A. D. Exh?b?+ ? I FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 142793 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject:: Sabrina A. Hancock & Brian K. Hancock Current Address: 866 Carlwynne Manor, Apt. C201, Carlisle, PA 17013 - Brian K. Hancock Property Address: 536 C Street, Carlisle, PA 17013 Mailing Address: 866 Carlwynne Manor, Apt. C201, Carlisle, PA 17013 - Brian K. Hancock Possible Additional Mailing: 395 Northwoods Drive, Raeford, NC 28376 I, Kerri Smith, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Sabrina A. Hancock - xxx-xx-3866 Brian K. Hancock - xxx-xx-9322 B. EMPLOYMENT SEARCH Sabrina A. Hancock & Brian K. Hancock - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Sabrina A. Hancock reside(s) at: 395 Northwoods Drive, Raeford, NC 28376 & Brian K. Hancock reside(s) at: 536 C Street, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Sabrina A. Hancock & Brian K. Hancock. B. On 03-07-07 our office made several telephone calls to (910) 904-0107 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 03-07-07 our office attempted to contact Frank Stets, at 530 C Street, Carlisle, PA 17013, (717) 249-4683 and received the following information: spoke with an unidentified male who confirmed that the subjects do not reside(s) at 536 C Street, Carlisle, PA 17013. On 03-07-07 our office attempted to contact Joseph A. Gaskin, at 860 Carlwynne Manor, Apt. A205, Carlisle, PA 17013, (717) 243-1118 and received the following information: spoke with an unidentified female who confirmed Brian Hancock resides at 866 Carlwynne Manor, Apt. C201, Carlisle, PA 17013. On 03-07-07 our office made several phone calls in an attempt to contact A. Graham, at 390 Northwoods Drive, Raeford, NC 28376, (910) 904-0065 and received the following information: no answer. i On 03-07-07 our office made several phone calls in an attempt to contact Elaine Shaw, at 399 Northwoods Drive, Raeford, NC 28376, (910) 875-8496 and received the following information: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-07-07 we reviewed the National Address database and found the following information: Sabrina A. Hancock - 395 Northwoods Drive, Raeford, NC 28376 & Brian K. Hancock- 536 C Street, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 395 Northwoods Drive, Raeford, NC 28376. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Sabrina A. Hancock & Brian K. Hancock. VI. OTHER INQUIRIES A. DEATH RECORDS As of 03-07-07 Vital Records and all public databases have no death record on file for Sabrina A. Hancock & Brian K. Hancock. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Sabrina A. Hancock & Brian K. Hancock residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Sabrina A. Hancock - 06-13-1978 Brian K. Hancock - 01-1978 B. A.K.A. Sabrina Ann Steele * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. AFFIANT - Kerri Smith Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 7th day of March 2007. The above information is obtained from available public records kls and we are only liable for the cost of the affidavit. E u 1 Exhi !o1 t b PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Lily.Hainey@fedphe.com Lily Hainey, 1401 Service Department Representing Lenders in Pennsylvania and New Jersey March 28, 2007 Brian K. Hancock 536 C StreetCarlisle, PA 17013 and 866 Carl Wynne Manor, Apt C201, Carlisle, PA 17013 RE: Countrywide Home Loans, Inc. vs. Sabrina A. Hancock a/k/a Sabrina Ann Steele and Brian K. Hancock Premises Address: 536 C Street, Carlisle, PA 17013 Cumberland County, No. 07-664-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 2, 2007 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very(tIVly yours, Lily H i ey " t'1 For ni .1 G. Schmieg, Esquire 10 N w C%j 123 it?l? ',t ?? ?IU t.I_4 7 G: ?tri4 Y"^ 00630 S t t?, Y a?y. M O N a 0 b 14 r?a ? ? v -N U ? t Ln b4 a°w xU ? a ? ? f7 o? ko a, o r+ b d v U O o to n ? ? d 0 ?z t8 U M O U t^ r^^4 O a: U O (J x ?x 00 N M ? N N G `? ? O t!1 I- lr` 100 w ?c CIS ? N G' E 0 v. ro p " o Q o b o V? C bD y :O ? v .°o•? a?-y ou 2o o. ? o o '21 W o ,O U ,... O blo G > V o ? 'o td v o .. to ? N tom. a+ .??(C ^ .-" a? rA > o ? a p ? v ? o a ?xaw U a xw?? w ? H a. O W N r? ?ZI WWp{z_> O .D N z m O -? H Q+ r-i T-i VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP Dan G. Schmieg, Esquire Attorney for Plaintiff March 28, 2007 8 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Lily.Hainey@fedphe.com Countrywide Home Loans, Inc. vs. Sabrina A. Hancock a/k/a Sabrina Ann Steele Brian K. Hancock Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-664-Civil Term CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Brian K. Hancock: 536 C Street, Carlisle, PA 17013 866 Carl Wynne Manor, Apt C201, Carlisle, PA 17013 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Cc: Sabrina A. Hancock a/k/a Sabrina Ann Steele Respectfully submitted, Phelan Hallinan & Schmieg, LLP n r By: aniel G. Schmieg, Esquire Date: March 28, 2007 Attorney for Plaintiff 9 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION VS. SABRINA A. HANCOCK BRIAN K. HANCOCK Defendants CUMBERLAND County No. 07-664 PRAECIPE TO REINSTATE CIVII. ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage F with reference to the above captioned matter. By: Date: March 26, 2007 HALLINAN & $"Jf o, LLP, 35 S. HALLINAN, ESQUIRE 4CE T. PHELAN, ESQUIRE G. SCHMIEG, ESQUIRE for Plaintiff /1xh, Svc Dept. File# 142793 l7i APR 1 8 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home Loans, Inc. Civil Division VS. No. 07-664-Civil Term Sabrina A. Hancock a/k/a Sabrina Ann Steele Brian K. Hancock ORDER AND NOW, this 2o- day of oar-) , 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Brian K. Hancock, by: 1. Posting of the premises: 536 C Street, Carlisle, PA 17013. 2. First class mail to Brian K. Hancock at the last known address, 866 Carl Wynne Manor, Apt C201, Carlisle, PA 17013 and the mortgaged premises located at 536 C Street, Carlisle, PA 17013; and 2 Z 6 V Z C : 4 Wd 0Z Sdti LODZ A8VI00Hi(,l?id 3H.i 3Q 30IJ440-03JU 3. Certified mail to Brian K. Hancock at the last known address, 866 Carl Wynne Manor, Apt C201, Carlisle, PA 17013 and the mortgaged premises located at 536 C Street, Carlisle, PA 17013; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: z4zz J. 3 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND County SABRINA A. HANCOCK No. 07-664 BRIAN K. HANCOCK Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: HALLINAN & S(rHMWG, LLP 35 S. HALLINAN, ESQUIRE 1CE T. PHELAN, ESQUIRE G. SCHMIEG, ESQUIRE for Plaintiff Date: May 7, 2007 /lxh, Svc Dept. File# 142793 c ? ? y TD -? 1. PHELAN HALLI"AN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (9,15) 563-7000 COUNTRYWIDE HOME LOANS,INC. Plaintiff vs. SABRINA A. HANCOCK A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : NO. 07-664-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons BRIAN K. HANCOCK at 536 C STREET, CARLISLE, PA 17013 AND 866 CARL WYNNE MANOR, APT C201, CARISLE, PA 17013 on MAY 7_ 2MI, in accordance with the Order of Court dated APRIL 20, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: May 7, 2007 / / W "CIS S. HALLINAN, ESQUIRE Aktomev for Plaintiff CD i . j-n t _ Phelan Hallinan & Schmieg, LLP By: ]Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS,INC. : Court Of Common Pleas VS. : Civil Division SABRINA A. HANCOCK A/K/A CUMBERLAND County SABRINA ANN STEELE BRIAN K. HANCOCK No. 07-664-CIVIL TERM AFFIDAVTT OF SF.RVTCF. BY PI TRT.TCATTON IN ACCORDANCE WITH COT TRT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated APRIL 20, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THF. SFNTTNF.T, on MAY 12, 2007 and CAMBRIA COT TNTY LFGAT..TOT TRNAL on MAY 17, 2007. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificatigfi?to authorities. ?`ralpcis S. Hallinan,'Esquire Date: June 11, 2007 / 1 ATTORNEY FOR PLAINTIFF LILY HAINEY Service Dept. / -. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) May 12, 2007 COPY OF NOTICE OF PUBLICATION frOt}ICEflFMI BF?4lRE t?II! W rN Cbl1 otfi, oft" uw COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS Vs. SAOF104A A: HAN(IOCK M(/A CIVIL DIVISION SABRINA ANN SiEELE BRUIN K. HANCOCK CUMBERLAND COUNTY No. 07a864-CIVIL TERM TO -BRIAN K., 14ANCOCK: Yousue,her?y?notNisdton COUNTRYWIDE HOW LOAFS INC. ,1Med a re t "No71ee to Ddb, you in thl in oNCatttAs P of County P docketed to No. 07-88+1-CIVIL TERW Wh*Mn laq? "eke to on the pep{ij 1 Qn y0ut.p kwA d at ? G mo'Y STREET, CARL. E PA 170 3'+r101etl your prope?ty W'i11 dry flte Sheriff of CUMBERLAND County. Yov % rliptNpd to plsdd to the above Ritslrqvtced Compiakd on or before 20 ttoe 01*116 publication or a Jud4ment will be entered against you. If you to Qsfend, you must enter 8 wrflt pn appearance personally or by attorney anii?trbur definses or objections In wrltkg with ft court. You are warred that if you fail ((oo do loo the clt rrway proceed without you arhd Judgm indy be entered pains! yom wilhont farther rwNce ftlrtl» •raMsf ?e4a?ted by rite eplaMtlff. You may Ioee money or or bf8lic to you. YOU SHOULD TAK?TtI1S NQttCE TO 7wmNEITH ERaT ONCE. IF YOU DO VE GO TI OFFICE SET FORTH ELOW. THIS GE CAN PRVIORMATION ABOUT HIRING ALAfl: IF YCAfItOPIt370 HIRt A THI FFICE MAY BE ABLE TO PROVIDE'YOU WtTff INF©I144a1!}BNY IES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMSOLAND COUNTY LAWYER "ORAL SERVICE CUMBERLAND 04 . PAIq"OCIATION 32 SOUTH EbFORD Sl'REET CARLISLE, PA 17013 (am)"0-8108 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 15th. day of May, 2007. X, oqu" Notary Pu is My commission expires: q /I /m COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wol(e, Notary PUbNC Carlisle Boro, Cumberland Courtly My Ca arthssion E)pires Sept. 1, 2008 Member. Pennsylvania Association Of Notaries i r LEGAL JOURNAL 11 Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 536 C STREET, CARLISLE, PA 17013 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Ch, NO. 07-664-CIVIL TERM and say COUNTRYWIDE HOME LOANS, a legal INC. publish vs. the issi SABRINA A. HANCOCK A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK that of NOTICE herein TO BRIAN K. HANCOCK You are hereby notified that on FEBRUARY 2, 2007, Plaintiff, COUNTRYWIDE HOME LOANS, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of SWorI CUMBERLAND County Pennsylvania, docketed to No. 07-664-CML TERM. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 o law, deposes TO PROVIDE YOU WITH March 5, 1917, INFORMATION ABOUT AGENCIES as printed and THAT MAY OFFER LEGAL SERVICES a al Journal in g TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 11 of the matter 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 5-17-1t of J t 11.4 !% 1 4, 2007 N0T*RIAL SEAL (robin Mucha, Notary Public Upper Yoder Twp.. Cambria County 010 MY commission expires June 27, o __j C3 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00664 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HANCOCK SABRINA A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HANCOCK SABRINA A AKA SABRINA ANN STEELE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT HANCOCK SABRINA A AKA SABRINA ANN STEELE 536 C STREET CARLISLE, PA 17013 PROPERTY IS VACANT. Sheriff's Costs: So answer Docketing 18.00 Service 4.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 140,-7 ? 37.40 PHELAN HALLINAN SCHMIEG 03/05/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00664 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HANCOCK SABRINA A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HANCOCK BRIAN K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT HANCOCK BRIAN K 536 C STREET CARLISLE, PA 17013 PROPERTY IS VACANT. , NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge So answers* 6.00 .00 5.00 R. Tho6as Kline 10.00 Sheriff of Cumberland County 3/0716 ') ? 21.00 Sworn and Subscribed to before me this day of PHELAN HALLINAN SCHMIEG 03/05/2007 A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-00664 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HANCOCK SABRINA A ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: HANCOCK BRIAN K unable to locate Him in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the NOT SERVED , as to the within named DEFENDANT HANCOCK BRIAN K 866 CARLWYNNE MANOR APT C 201 CARLISLE, PA 17013 DEFENDANT IS AVOIDING SERVICE, HE WAS HOME AND WOULD NOT ANSWER THE DOOR. Sheriff's Costs: So answers* Docketing 6.00 Service 13.20 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 3/0-7/0 7 ? 9.20 PHELAN HALLINAN SCHMIEG 03/05/2007 Sworn and Subscribed to before me this day of A. D. AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY(LXH) COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. SABRINA A. HANCOCK A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant SERVE AT: 395 NORTHWOODS DRIVE RAEFORD, NC 28376 File Numberl42793 TYPE OF ACTION XX- Mortgage Foreclosure XX- Civil Action NO. 07-664 CIVIL TERM SF,RVF.D Served and made known to SABRINA A 14AN000K A/K/A SABRINA ANN STRRTR Defendant on the 16 th day of FEBRUARY , 2007at7 : 30pm o'clock,p. M., at 3 9 5 NORTHWOODS DRIVE RAEFORD NC 2 8 3 7 6 , City in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is BOYFRIEND SAMIrAL KASEY CARR Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: 1, T. WOLF , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to SAMEAL KASEY CARR a true and correct copy of theC'TVTL ACTION COMPLAINT issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this Ainay Of , 20kl Notary: ?? v Q n ?omm EX? 1 On the day of , 20_, at M., Defendant NOT FOUND because: Moved Unknown No Answer Other: o'clock Vacant Sworn to and subscribed Before me the day Of , 20_. Notary: Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 Z.. c.? SHERIFF'S RETURN - REGULAR CASE NO: 2007-00664 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HANCOCK SABRINA A ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HANCOCK BRIAN K the DEFENDANT , at 1450:00 HOURS, on the 10th day of May , 2007 at 536 C STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 536 C STREET CARLISLE 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: Docketing 18.00 Service 4.80 Posting 6.00 Surcharge 10.00 .00 s/12/0? ? 38.80 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 05/11/2007 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff A.D. • PHELAN HALLINAN & SCHMIEG, L.L.P. $x: 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 COUNTRYWIDE HOME LOANS, NIC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE 395 NORTHWOODS DRIVE RAEFORD, NC 28376 BRIAN K. HANCOCK 536 C STREET CARLISLE, PA 17013 CIVIL DIVISION NO. 07-664 CIVIL TERM 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 SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE and BRIAN K. HANCOCK, 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 Plaintiff s damages as follows: As set forth in Complaint Interest from 2/2/07 to 7/12/07 TOTAL $168,887.54 $4,300.31 $173,187.85 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. DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9/3/07 5 8 QK6 P O PROTHY 142793 JPHELAN 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 (125) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY SABRINA A.HAN000K A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendants NO. 07-664-CIVIL TERM TO: SABRINA A.HAN000K A/K/A SABRINA ANN STEELE 395 NORTHWOODS DRIVE RAEFORD, NC 28376 DATE OF NOTICE: MTNF. 13.2007 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 ET.TC:TBT.E PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S. HALLINAN, ESQUIRE for Plaintiff 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 (715) 561-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY SABRINA A.HAN000K A/K/A SABRINA ANN STEELE :NO. 07-664-CIVIL TERM BRIAN K. HANCOCK Defendants TO: BRIAN K. HANCOCK 866 CARL WYNNE MANOR APT C201 CARLISLE, PA 17013 DATE OF NOTICE:.TIJNF. 13, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 ` (800)990-9108 S. HALLINAN, ESQUIRE for Plaintiff 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 (915) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY SABRINA A.HAN000K A/K/A SABRINA ANN STEELE :NO. 07-664-CIVIL TERM BRIAN K. HANCOCK Defendants TO: BRIAN K. HANCOCK 536 C STREET CARLISLE, PA 17013 DATE OF NOTICE:,HJNF, 13.2007 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 ASSOC] 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 '-, S. HALLINAN, ESQUIRE 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 COUNTRYWIDE HOME LOANS, NIC. 7105 CORPORATE DRIVE Plaintiff, V. SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-664 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 SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE is over 18 years of age and resides at, 395 NORTHWOODS DRIVE, RAEFORD, NC 28376. (c) that defendant BRIAN K. HANCOCK is over 18 years of age, and resides at, 536 C STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff T \v ( n ? ? V 8' T ?Vr. V ?r n " r Y ( _ r .q? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, NIC. 7105 CORPORATE DRIVE Plaintiff, V. SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-664 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . By: s ?. a EPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQ 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 COUNTRYWIDE HOME LOANS, NIC. Plaintiff, V. SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK No. 07-664 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $173,187.85 Interest from 7/12/07 to DECEMBER 5, 2007 $4,156.62 and Costs (per diem -$28.47) Add'1 Costs $3,650.92 TOTAL $180,995.39 DANIEL G. SCHMIEG, ESQUI 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. 142793 a w d w? O V d OHZ ? a ? ? G? HU A ? Uz O? V ? ? C4 O V WW ? ? N ? z Z' U W o? H o OQ W w? U a m JA. -C JU f a .o r N U OW© r „a ?W a QV O •? H a ?W d en w V1. c ? Q N N h. rt w ?y ?,,? 4? 9? c? Q o p 4 VA b N o 00 x tq? COUNTRYWIDE HOME LOANS, NIC. Plaintiff, V. SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant(s). TO: SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE 395 NORTHWOODS DRIVE RAEFORD, NC 28376 July 12, 2007 CUMBERLAND COUNTY No. 07-664 CIVIL TERM BRIAN K. HANCOCK 536 C STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN t z -,'T/PTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE `,IPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF ALIEN AGAINST PROPERTY. ** Your house (real estate) at, 536 C STREET, CARLISLE, PA 17013, is scheduled to be sold at t= ` -'-'iffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South T Street, Carlisle, PA 17013, to enforce the court judgment of $173,187.85 obtained by ('Q N °TRYWIDE HOME LOANS, NIC. (the mortgagee) against you. In the event the sale is d, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOLT 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. A 10 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of and with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Larry V. Neidlinger, RPLS, dated August, 1999, as follows to wit: BEGINNING at an iron pin set 159.60 feet West of Cherry Street on southern right-of-way line of 60 foot wide 'C' Street at corner of lands now or formerly of Frank Stets; thence along lands now or formerly of Frank Stets, South 06 degrees 13 minutes 00 seconds West 200.18 feet to approximate centerline of Waggoners Gap Road; thence along approximate centerline of Waggoners Gap Road, North 48 degrees 33 minutes 00 seconds West 346.98 feet to a point; thence along southern right-of-way line of 60 foot wide 'C' Street, South 83 degrees 47 minutes 00 seconds East 283.42 feet to an iron pin set, the Place of BEGINNING. CONTAINING 0.6512 acre and designated as 536'C' Street, Carlisle. PARCEL 0x-19-164 SUBJECT, HOWEVER, to such easements, restrictions and conditions as may apply to the afore-described tract of land. BEING the same premises which James M. Sloat and Laura M. Sloat, his wife, by their Deed dated October 31 st, 2001 and recorded November 1, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 249, Page 104, granted and conveyed unto John J. McAllen and Traci L. McAllen, husband and wife. 1) Vested by Special Warranty Deed, dated 613012005, e n by John J. McAllen and Traci L.. McAllen, his wife to Brien K. Hancock and Sabrina A. Hancock, his wife, as tenants by the entireties and recorded 71812005 in Book 269 Page 40761 Instrument (12005m02 55 Real Property Owner. Brian K. Hancock and Sabrina A. Hancock COUNTRYWIDE HOME LOANS, NIC. Plaintiff, V. SABRINA A. HANCOCK, . A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-664 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, NIC., 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 ,536 C STREET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK 395 NORTHWOODS DRIVE RAEFORD, NC 28376 536 C STREET CARLISLE, PA 17013 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 Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 536 C STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Dept. #280601 Harrisburg, PA 17128 Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns`worn falsification to authorities. July 12, 2007 -.? b, ?;? DATE ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff c? ? o 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 COUNTRYWIDE HOME LOANS, NIC. Plaintiff, V. . SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-664 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: Q 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C) v O t _ D ' OC) t _ ` WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-664 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From SABRINA A.HAN000K, A/K/A SABRINA ANN STEELE AND BRIAN K. HANCOCK (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 $173,187.85 L.L. $.50 Interest FROM 7/12/07 TO 12/5/07 (PER DIEM - $28.47) - $4,156.62 AND COSTS Atty's Comm % Atty Paid $242.40 Plaintiff Paid Date: AUGUST 3, 3007 (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 Due Prothy $2.00 Other Costs ADD'L COSTS $3,650.92 LGJJUty Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION SABRINA A. HANCOCK A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant(s). NO. 67- AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to BRIAN K. HANCOCK on AUGUST 3, 2007 at 536 C STREET, CARLISLE, PA 17013 & 866 CARL WYNNE MANOR, APT. C201, CARLISLE, PA 17013 in accordance with the Order of Court dated APRIL 20, 2007. The property was posted on AUGUST 15, 2007. Publication was advertised in THE SENTINEL on AUGUST 18, 2007 & in CUMBERLAND LAW JOURNAL on AUGUST 24, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unworn falsification to authorities. W.NL LINAN & SCHMIEG, LLP By: SQ UIRE Dated: September 11, 2007 7160 3901 9845 0727 1235 S 7160 3901 9845 0727 1228 1 BRIAN K. HANCOCK j .. I BRIAN K. HANCOCK C201 866 CARL WYNNE MANOR, APT. TO: 536 C STREET j TO: CARLISLE, PA 17013 CARLISLE, PA 17013, • KXL R KXL 142793 ate; j 142793 REFERFJicE: i PS FOM 3M pill am isnuwv 2006 At MUM POMME 2 65 1 15 2 R CE P C RECEIPT Cwrf led Fes SERVICE . R . eroad Fee SERVICE R alm Flocillillill Fee RMum ReoW Fee e ? trl?ed R Reams TOW ftetW 3 Fees a ? TOM ft~ US Pao" 3aroia .o us Pb" 8e ! ' co Rees". for ?ILP Rem" fot Certid mmioi1 Certified NO C'oww ndionM Do w um W*wavww me ae.r Do Not U" -IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home Loans, Inc. Civil Division VS. No. 07-664-Civil Term Sabrina A. Hancock a/k/a Sabrina Ann Steele Brian K. Hancock ORDER AND NOW, this .2a day of agaQ , 20072 upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Brian K. Hancock, by: 1. Posting of the premises: 536 C Street, Carlisle, PA 17013. 2. First class mail to Brian K. Hancock at the last known address, 866 Carl Wynne Manor, Apt C201, Carlisle, PA 17013 and the mortgaged premises located at 536 C Street, Carlisle, PA 17013; and 2 3. Certified mail to Brian K. Hancock at the last known address, 866 Carl Wynne Manor, Apt 0201, Carlisle, PA 17013 and the mortgaged premises located at 536 C Street, Carlisle, PA 17013; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: 0- A" r? J. 1 vIV T w " M. I hens ttA imayfox ad 6100 of #0 C WW 9 Cofte Pi. 3 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, NIC. DEFENDANT(S) SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK PLEASE POST FOR BRIAN K. HANCOCK AT 536 C STREET CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 07464 CIVIL TERM ACCT. #142793 Type of Action - Notice of Sherffs Sale Sale Date: DECEMBER S, 2007 Served and made known to &(A N K • 44N ma- K , Defendant, on the 194 day of 4-9fuS t 200 I at o'clock -P.m., at 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 Defe ndant(s)'s company. Other Description: Age Height Weight Race Sex Other 1, ?? ? . ' • "' Lt- , a competent adult, being duly sworn according to law, depose and state that I personally a true and correct copy of the Notice of SheritPs Sale in the manner as set forth herein, issued in the captioned on the date and at the address indicated above. Sworn to and subscr before me this day of pF11CS 1 Notary: t ?MM1ON wAtp p3112009 P A TTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIM OF SERVICE ATTEMPTED. NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1't Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attornev for Plaintiff before me this day DANIEL G. SCIRWRG, Esquire - I.D. No. 62203 Of .200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 9 Z-3Z PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 18, 2007. COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 1st. day of Au ,gust, 2007. jm*All Notary Publi My commission expires: 91 ilo COMMONWEALTH OF PENN YLVANIA NOWW Seel Ctlroks L. Walls, Nd wy Pubic Co &1 1! Born, (hrnbetUtd County My Carmleeion E"a Sept 1.2008 Member, Pennsylvania Association OF Notaries 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 August 24, 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 24 day of August, 2007 Notary NOV RML SEAL DEBORAH A COLLINS N0kXY P1?7BC CARLISLE BORO. CUMBERLAND COUNTY My COrrrnadon EX" Apt 28.2010 CUMBERLAND LAW JOURNAL 1 oTICE OF Ac'TioN iN North 48 degrees 33 minutes 00 MORTGAGE FORECLOSURE seconds West 346.98 feet to a point; In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-644 CIVIL TERM COUNTRYWIDE HOME LOANS, INC. VS. SABRINA A. HANCOCK A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK NOTICE NOTICE OF SHERIFFS SALE OF REAL PROPERTY TO: BRIAN K. HANCOCK TAKE NOTICE that the real estate located at 536 C STREET, CAR- LISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, DECEMBER 5, 2007 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $173,187.85, obtained by COUN- TRYWIDE HOME LOANS, INC. (the mortgagee). ALL THAT CERTAIN tract of and with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Penn- sylvania, bounded and described in accordance with a survey prepared by Larry V. Neidlinger, RPLS, dated August, 1999, as follows to wit: BEGINNING at an iron pin set 159.60 feet West of Cherry Street on southern right-of-way line of 60 foot wide 'C' Street at corner of lands now or formerly of Frank Stets; thence along lands now or formerly of Frank Stets, South 06 degrees 13 minutes 00 seconds West 200.18 feet to ap- proximate centerline of Waggoners Gap Road; thence along approximate centerline of Waggoners Gap Road, thence along southern right-of-way line of 60 foot wide 'C' Street, South 83 degrees 47 minutes 00 seconds East 283.42 feet to an iron pin set, the Place of BEGINNING. CONTAINING 0.6512 acre and designated as 536 'C' Street, Car- lisle. SUBJECT, HOWEVER, to such easements, restrictions and condi- tions as may apply to the aforede- scribed tract of land. BEING the same premises which James M. Sloat and Laura M. Sloat, his wife, by their Deed dated October 31 st, 2001 and recorded November 1, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 249, Page 104, granted and conveyed unto John J. McAllen and Traci L. McAllen, husband and wife. Vested by Special Warranty Deed dated 6/30/1995, given by John J. McAllen and Traci L. McAllen, his wife to Brian K. Hancock and Sabrina A. Hancock, his wife, as tenants by the entireties and recorded 7/8/2005 is Book 269 Page 4076 Instrument #2005-024355. Being Premises 536 C STREET, CARLISLE, PA 17013. Improvements consist of residen- tial property. Sold as the property of SABRINA A. HANCOCK A/K/A SABRINA ANN STEELE & BRIAN K. HANCOCK. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sher- iff on JANUARY 7, 2008, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 . , CUMBERLAND LAW JOURNAL One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Aug. 24 -Oct r? cn ro C-n ' r AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF COUNTRYWIDE HOME LOANS,''NIC. / No. 07-664 CIVIL TERM DEFENDANT(S) SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE ACCT. #142793 BRIAN K. HANCOCK Type of Action SERVE SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE - Notice of Sheriffs Sale AT 395 NORTHWOODS DRIVE Sate Date: DECEMBER 5, 2007 RAEFORD, NC 28376 SERVED Served and made known to SABRINA HANCOCK , Defendant, on the 11 day of AUG. , 200Z at 1 : 00 , o'clock -P.m., at _ TALLYWOOD SHOPPING CEN'T'ER C>N RAFTn1RT) RD Commonwealth otey'vania, 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 tZ Height Weight F-yj Race a Sex +IC:' Other 1, LEONARD WOLF 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. Sworn to and subscribed before me this 15 day , Of AUG 200 7 Notary: c , J?yN By: LECNARD WOLF ANGELA BOWDEN4 PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. IND ATE DATES & TIMES F SERVICE ATTEMPTED. NOT SERVED On the day of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: Sy: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 - Po PHELAN, HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Ste. 1400 Philadelphia, PA 19104-1814 COUNTRYWIDE HOME LOANS, INC. VS. SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 07-664 CIVIL TERM SUGGESTION OF RECORD CHANGE RE: CORRECTION OF PLAINTIFF'S NAME TO THE PROTHONOTARY: Daniel G. Schmieg, Esquire, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the Plaintiff s Name was erroneously listed in the caption as: COUNTRYWIDE HOME LOANS, NIC. Kindly change the information on the docket to read as follows: COUNTRYWIDE HOME LOANS, INC. Date: October 25, 2007 Daniel G. Schmieg Attorney for Plaintiff 71F c '_•d c Ji cri R w SALE DATE: DECEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. No.: 07-664 CIVIL TERM VS. SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 536 C STREET, CARLISLE, PA 17013. As required, by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. r-. E)amzj DANIEL G. SC IEG, ESQU Attorney for Plaintiff Date: October 25, 2007 142793 H z ? ? w N r? & fF M n a n ^ iV Zx aF? z O x tri o w Y o 8 t CyA a ? z :° n o N? "'? O A 0 < n ee g 00 ?o ? ? w ?O ?n^n y P w Q. ?w b•N gn O? I c!? I A I w N I I co W e ) v 0 o E k - z 00 O kA ?N co Q o ° N? tn? O z C cn L n N? 00 n ?t -3 ? o d cr S- En o < trrf 7d Z 00M 4 4rD V c Y ??C >N z i? y ?w o O z rrf O x y er* (7 O O d o O ?. N ? o. o. Cn CT' En c? to a O>? .? Q d ?obr 97 ?Z "o a Cz ?, ?a cl) C.) 'r b x ? O ? gTNEY B4WE5 02 1M $ 02-100 'M 0004218010 AUG03 2007 MAILED FROM ZIP CODE 19103 R ?? ? ? ? D (? ?+ ? ?? ? ? ?? L ? N dt e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 9th day of Jan A.D., 2008, under and by virtue of a writ Execution issued on the 3rd day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 007 Number 664, at the suit of Countrywide Home Loans Inc against Sabrina A Hancock aka Sabrina Am Steele & Bri Hancock is duly recorded as Instrument Number 200803015. IN TESTIMONY WHEREOF, I have an eal of said office this , A.D. s set my hand day of of Deeds Desch, Gwn"nand County. Cadi*, PA ion Expires the First Monday of J&n. 2010 i Countrywide Home Loans, Inc. VS Sabrina A. Hancock a/k/a Sabrina Ann Steele And Brian K. Hancock In the Court of Common Pleas of Cumberland Count, Pennsylvania Writ No. 2007-664 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to la w, states that he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and De scription, in the above entitled action, upon the within named defendant to wit: Sabrina A. Han cock a/k/a Sabrina Ann Steele, by certified mail to her last known address of 3255 Fields Road, Fayetteville, NC 28312- 7184. This letter was mailed on August 22, 2007. The return receipt ca rd was signed by Sheri Ferguson, agent for Sabrina A. Hancock a/k/a Sabrina Ann Steele, on Se ptember 07, 2007. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2007 at 1000 hours, he served a true copy of the within R eal Estate Writ, Notice and Description, in the above entitled action, upon the within named defend t, to wit: Brian K. Hancock, by posting the premises located at 536 C Street, Carlisle, Cum berland County, Pennsylvania with a true and correct copy of the within Real Estate Wri , Notice of Sale and Description pursuant to order of court. Michael Barrick, Deputy Sheriff, who being duly sworn accordi g to law, states that on October 10, 2007 at 2100 hours, he posted a true copy of the within Rea Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sabri a A. Hancock a/k/a Sabrina Ann Steele and Brian K. Hancock located at 536 C Street, Carli sle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to la , states he served the above Real Estate Writ, Notice, Poster and Description in the following anner: The Sheriff mailed a notice of the pendency of the action to the within named defend ant, to wit: Sabriana A. Hancock a/k/a Sabrina Ann Steele by regular mail to her last known ad ess of 3255 Fields Road, Fayetteville, NC 28312-7184. This letter was mailed under the date of ctober 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to la w, 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 defen ant, to wit: Brian K. Hancock by regular mail to his last known address of 536 C Street, Carli sle, PA 17013. This letter was mailed under the date of October 12, 2007 and returned to the Sheri ffs Office on October 18, 2007 marked "Unable to forward." R. Thomas Kline, Sheriff, who being duly sworn according to la , states he served the above Real Estate Writ, Notice, Poster and Description in the following anner: The Sheriff mailed a notice of the pendency of the action to the within named defen ant, to wit: Brian K. Hancock by regular mail to his last known address of 866 Carlwynn M or, Apt. C201, Carlisle, PA 17013. This letter was mailed under the date of October 12, 2007 an never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to legal notice had been given according to law, he exposed the within d venue or outcry at the Courthouse, Carlisle, Cumberland County, Pen at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attor of Fannie Mae. It being the highest bid and best price received for the Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in 1 R. Thomas Kline the sum of $1,066.74. V. states that after due and ribed premises at public lvania on January 9, 2008 Daniel Schmieg, on behalf ne, Fannie Mae of 1900 execution, paid to Sheriff Sheriffs Costs: Docketing $30.00 Poundage 20.52 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.20 Certified Mail 9.85 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Posting 6.00 Law Journal 389.00 Patriot News 367.25 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 1,066.74 So Answers: f_o?? 1&549-e R. Thomas Kline, Sheriff BY Real Estate Sergeant d)' 6o CID " cn Ca 077 A-2ogzf,y COUNTRYWIDE HOME LOANS, NIC. CUMBERLAND COUNTY Plaintiff, V. COURT O COMMON PLEAS SABRINA A. HANCOCK, CIVIL D SION A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK NO. 07-66 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3 29 (Affidavit No. l) COUNTRYWIDE HOME LOANS. NIC. , Plaintiff in the above acti n, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the W t of Execution was filed the following information concerning the real property located at 536 C S BEET CARLISLE PA 170: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SABRINA A. HANCOCK, 395 NORTHW( A/K/A SABRINA ANN STEELE RAEFORD, NC BRIAN K. HANCOCK 536 C STREET CARLISLE, PA 1 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose j property to be sold: Name Last Known Address (. reasonably ascertained DRIVE is a record lien on the real ' address cannot be 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 ascertain , 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 ascertain , please indicate) None 7. Name and address of every other person of whom the plaintiff has owledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Last Known Address if address cannot be reasonably ascertain , please indicate) 536 C STREET CARLISLE, PA 17 13 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17 05 6th Floor, Strawt Dept. #280601 Harrisburg, PA 1 Square Thirteenth Floor 1001 Liberty Avi Pittsburgh, PA 1 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Build Estate Recovery Program Harrisburg, PA 1' I verify that the statements made in this affidavit are true and corr knowledge or information and belief. I understand that false statements penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to aul -7---- _n k- , July 12, 2007 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff 1300 05-8486 ,t to the best of my personal erein are made subject to the COUNTRYWIDE HOME LOANS, NIC. Plaintiff, V. SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE BRIAN K. HANCOCK Defendant(s). CUMBERLAND COUNTY No. 07-664 CIVIL TERM July 12, TO: SABRINA A. HANCOCK, A/K/A SABRINA ANN STEELE 395 NORTHWOODS DRIVE RAEFORD, NC 28376 BRIAN K. HANC 536 C STREET CARLISLE, PA 1 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A D it, BT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY CEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SH ULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENA NST PROPERTY." Your house (real estate) at 536 C STREET CARLISLE PA the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumber Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $1 COUNTRYWIDE HOME LOANS, NIC. (the mortgagee) against yo continued, an announcement will be made at said sale in compliance wit 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 costs and reasonable attorney's fees due. To find out I call: (215) 563-7000. 013, is scheduled to be sold at 1d County Courthouse, South 1,187.85 obtained by In the event the sale is Pa.R.C.P., Rule 3129.3. back payments, late charges, much you must pay, you may 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 You may need an attorney to assert your rights. The sooner yo contact one, the more chance you will have of stopping the sale. (See notice on page two on how to ?btain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sol( find out the price bid by calling X215) 563-7000. 2. You may be able to petition the Court to set aside the sale if inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff tb 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, 3 property as if the sale never happened. 5. You have the right to remain in the property until the full aj and the Sheriff gives a deed to the buyer. At that time, the buyer may you. to the highest bidder. You may bid price was grossly full amount due in the sale. To will remain the owner of the due is paid to the Sheriff legal proceedings to evict 6. You may be entitled to a share of the money which was paid or your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thin 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 i 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 gett ?ng 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 plai tiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY RE ERRJ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of and with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Larry V. Neidlinger, RPLS, dated August, 1999, as follows to wit: BEGINNING at an iron pin set 159.60 feet West of Cherry Street on soutl 'C' Street at corner of lands now or formerly of Frank Stets; thence along 1 South 06 degrees 13 minutes 00 seconds West 200.18 feet to approximate thence along approximate centerline of Waggoners Gap Road, North 48 d 346.98 feet to a point; thence along southern right-of-way line of 60 foot 1 minutes 00 seconds East 283.42 feet to an iron pin set, the Place of BEGR CONTAINING 0.6512 acre and designated as 536'C' Street, Carlisle. PARCEL 06-19-1645-056 SUBJECT, HOWEVER, to such easements, restrictions and conditions as of land. right-of-way line of 60 foot wide now or formerly of Frank Stets, :erline of Waggoners Gap Road; es 33 minutes 00 seconds West 'C' Street, South 83 degrees 47 apply to the afore-described tract BEING the same premises which James M. Sloat and Laura M. Sloat, his wife, by their Deed dated October 31 st, 2001 and recorded November 1, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 249, Page 104, granted and conveyed unto John J. McAllen and Traci L. McAllen, husband and wife. t} Vested by Special Warranty Iced, domed 6/30W 5 given by John J. ten and Traci L. McAllen, his wife to Brun K. Hancock and Sabrina A. Hancock, his wife, as tenants by the iretiea and rem 71812005 in Bonk 269 Page 4076 Instrument # 200"24355 Real Property Owner Brian K. Hancock and Sabrina A. Hancock WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-664 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From SABRINA A.HAN000K, A/K/A SABRINA ANN STEELE AND BRIAN K. HANCOCK (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 u on in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the ga paying any debt to or for the account of the defendant (s) and from delivering a (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is of anyone other than a named garnishee, you are directed to notify him/her that garnishee and is enjoined as above stated. Amount Due $173,187.85 L.L. $.50 Interest FROM 7/12/07 TO 12/5/07 (PER DIEM - $28.47) - $4,156.62 AND Atty's Comm % Due Prothy $2.00 Atty Paid $242.40 Other Costs ADD'L C( Plaintiff Paid Date: AUGUST 3, 3007 shee(s) is enjoined from property of the defendant in the possession has been added as a $3,650.92 `. R. Long, Prothonota y (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 Real Estate Sale # 28 On August 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 536 C Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 15, 2007 By: ,fib d Uvc.C Real Estate Sergeant Cj- t 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. .1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Jc State aforesaid, being duly sworn, according to law, deposes and says 1 Journal, a legal periodical published in the Borough of Carlisle in the ( was established January 2, 1952, and designated by the local courts as periodical for the publication of all legal notices, and has, since Januar issued weekly in the said County, and that the printed notice or publicz exactly the same as was printed in the regular editions and issues of thI Journal on the following dates, October 26, November 2 and November 9, 2007 arnal, of the County and iat the Cumberland Law ounty and State aforesaid, he official legal 2, 1952, been regularly ion attached hereto is said Cumberland Law Affiant further deposes that he is authorized to verify this state ent by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not 'nterested in the subject matter of the aforesaid notice or advertisement, and that all allegations i the foregoing statements as to time, place and character of publication are true. r Marie Coyne, SWORN TO AND S 9 day of No Notary before me this NOTARIAL SEAL EBORAH A COLLINS Notary Public CARLISLE ORO, CUMBERLAND COUNTY MY Co isalon Expires Apr 28, 2010 REAL ESTATE BALE NO. 28 Writ No. 2007-664 Civil Countrywide Home Loans, Inc. VS. Sabrina A. Hancock a/k/a Sabrina Ann Steele and Brian K. Hancock Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Penn- sylvania, bounded and described in accordance with a survey prepared by Larry V. Neidlinger, RPLS, dated August, 1999, as follows to wit: BEGINNING at an iron pin set 159.60 feet West of Cherry Street on southern right-of-way line of 60 foot wide 'C' Street at corner of lands now or formerly of Frank Stets; thence along lands now or formerly of Frank Stets, South 06 degrees 13 minutes 00 seconds West 200.18 feet to ap- proximate centerline of Waggoners Gap Road; thence along approximate centerline of Waggoners Gap Road, North 48 degrees 33 minutes 00 seconds West 346.98 feet to a point; thence along southern right-of-way line of 60 foot wide 'C' Street, South 83 degrees 47 minutes 00 seconds East 283.42 feet to an iron pin set, the Place of BEGINNING. CONTAINING 0.6512 acre and designated as 536 'C' Street, Car- lisle. PARCEL 06-19-1645-056. SUBJECT, HOWEVER, to such easements, restrictions and condi- tions as may apply to the afore- described tract of land. BEING the same premises which James M. Sloat and Laura M. Sloat, his wife, by their Deed dated October 31st, 2001 and recorded November 1, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 249, Page 104, granted and conveyed unto John J. McAllen and Traci L. McAllen, husband and wife. 1) Vested by Special Warranty Deed, dated 6/30/2005, given by John J. McAllen and Traci L McAl- len, his wife to Brian K. Hancock and Sabrina A. Hancock, his wife, as ten- ants by the entireties and recorded 7/8/2005 in Book 269 Page 4076 Instrument # 2005-024355. Real Property Owner: Brian K. Hancock and Sabrina A. Hancock. The Patriot-News Co. ,. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} Joseph A. Dennison, being duly sworn according to law, deposes and says: e?latriot News Now you know Iss That he is the Assistant Controller of The Patriot News Co., a corporation organize Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 81 Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-1 newspapers of general circulation, printed and published at 812 to 818 Market Street, in th+ The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and SE all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly a daily and/or Sundayl Metro editions which appeared on the date(s) indicated below. That r interested in the subject matter of said printed notice or advertising, and that all of the allec place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimous stockholders and board of directors of the said Company and subsequently duly recorded i in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran and existing under the laws of the Market Street, in the City of ews and The Sunday Patriot-News City, County and State aforesaid; that Member 18th, 1949, respectively, and printed and published in their regular ither he nor said Company is rions of this statement as to the time, npowered to verify this statement on passed and adopted severally by the the office for the Recording of Deeds the date(s) shown below: 10/24/07 10131/07 11/07/07 Sworn to arol sujAcribjid before me this 30 day of Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L hark. Notary Public City Of Harrisbxg, Dauphin County My Commission E=xpires June 2, 2008 Member, Pennsylvania Association of Notaries l , 2007 A.D. -I.- _ _