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HomeMy WebLinkAbout03-0596Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01 / 1999, Series 1999-1, PLAINTIFF, Vo Deborah L. Hoover James L. Hoover 49 Mountain Lane Newburg, PA 17240 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: .7-dq CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDiATAMENTE. SINO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Tetephone: 215-886-8790 Fax: 215-886-8791 A?~.~.~s for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01 / 1999, Series 1999-1, PLAINTIFF, Vo Deborah L. Hoover James L. Hoover 49 Mountain Lane Newburg, PA 17240 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1, through its attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 CPlaintiff'), is a corporation with a principal place of business at 909 Hidden Ridge Drive, Suite 200 Irvine, TX 75038. 2. The Name and mailing address of each Defendant is: Deborah Hoover, 49 Mountain Lane, Newburg, PA 17240. James Hoover, 49 Mountain Lane, Newburg, PA 17240. o On 02/01/1999 James L Hoover and Deborah L Hoover made, executed and delivered a mortgage upon the premises hereinafter described to Equity One Inc., which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1520, Page 874, said Mortgage was recorded on 02/19/1999. BY Assignment of Mortgage recorded 09/05/2002 the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 689, Page 4981. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set forth at length. The real property which is subject to the Mortgage is generally known as 49 Mountain Lane, Newburg, PA 17240, (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. The interest of each individual Defendant is as Mortgagor, Real Owner or both. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate, however, the estate of said Defendant is hereby released from liability for the debt secured by the Mortgage. The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of 10/01/2002 and have not been paid. Upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below, are immediately due and payable. The following amounts are due as of February 6, 2003: Principal of Mortgage debt due and unpaid $134,227.21 Interest due and owing from 08/01/2002 to 2/6/2003 at 10.125%, $37.26 per diem 7,042.14 Plus Late Charges of $60.83 per month, assessed on the 11 th day after payment is due Escrow Advance Attorney's Fees 243.32 849.11 6,711.36 TOTAL $149,073.14 10. Interest accrues at a per diem rate of $37.26 and late charges accrue at a monthly rate of $60.83, assessed on the 11th day payment is past due for each date after the payment due date, and Plaintiff may incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. 11. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 11/05/2002. WHEREFORE, Plaintiff demands judgment against Defendants James L Hoover and Deborah L Hoover, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $149,073.14 plus the following amounts accruing after 2/6/03, to the date of judgment: (i) interest at a per diem rate of $37.26; (ii) late charges of $60.83 per month assessed on the 11 th day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of suit. Date: _February 6, 2003 RICHARD M. SQUJ. I~E & ASSOCIATES, LLC Richard M. Squire, ~Esqui~4 '~ 115 West Avenue, Suite I~4 Je~into~, PA 19046 215-886-8790 Attorneys for Plaintiff UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL PURPOSE. BE USED FOR THAT VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintif£s agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Richard M. Squire, Esquire~ Attorney for Plaintiff Date: _February 6, 2003 ALL THAT CERTAIN tract of woodland situate in the Township of Hopewell, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake at the corner of lands now or formerly Walter Dunlap and the Thomas Paterson Estate, South 31 degrees 30 minutes East, 594.00 feet to an iron pin; thence by lands now or formerly ora person, or persons by the name of Drultt, South 37 degrees 30 minutes West, 140.25 feet to an iron p/n; thence by other lands now or formerly of Grantors herein, NoRh gO degrees 05 minutes 34 seconds West, 768.76 feet to an iron pin; thence by other lands now or formerly of Luke B Heberh Heberlig, his wife, North 7 de~ ~ -:- ~' ..... ' 'g and Mabel W. r~,~,~o ~u mmmes v~ast, 344.02 feet to a stake; thence by lands now or formerly of Walter Dunlap, North 73 degrees 30 minutes East, 508.38 feet to the place ofbegilming. Containing 7.754 acres pursuant to a survey of Noel B. Smith~ R.S., dated January ~972. TOGETHER with a fight ofpa.s~age in said Grantees, their heirs and assigns to use a certain dirt mountain road running from the property now Walter Dunlap property in a Southwesterly direction or formerly known a.q the .. through the tract herein conveyed to Grantees to property now or formerly of Luke B. Hebeflig and Mabel Heberlig, husband and wife, Grantors said right of way to be shared in common with the Grantors, their he/rs and assigns, and with Walter Dunlap, his heirs and assigns. SHERIFF'S RETURN - REGULAR CASE NO: 2003-00596 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS HOOVER DEBORAH L ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOOVER DEBORAH L the DEFENDANT , at 1835:00 HOURS, on the 4th day of March , 2003 at 49 MOUNTAIN LANE NEWBURG, PA 17240 by handing to DEBOP~AH HOOVER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 42.49 Sworn and Subscribed to before me this /~ ~ day of t £ Prothonotary ~ ~ So Answers: R. Thomas Kline 03/05/2003 RICHARD SQUIRE & ASSOCIATES By: D~uty She~ff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00596 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS HOOVER DEBORAH L ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOOVER JAMES L the DEFENDANT , at 1835:00 HOURS, on the 4th day of March , 2003 at 49 MOUNTAIN LANE NEWBURG, PA 17240 by handing to DEBORAH HOOVER, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~O ~-- day of ~ A.D. ~ / Prothonotar~ ' So Answers: R. Thomas Kline 03/05/2003 RICHARD SQUIRE & ASSOCIATES Deputy Sheriff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 ! 15 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 PLAINTIFF, Vo Deborah L. Hoover James L. Hoover 49 Mountain Lane Newburg, PA 17240 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 03-596 CIVIL ACTION PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against James L. Hoover and Deborah L. Hoover, Defendants for their failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in the Complaint $149,073.14 Interest from 02/10/2003 to 4/8/2003 $ 2,123.82 TOTAL $151,196.96 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copies attached. Richard M. Squire, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED PROTHONOTARY Richard M. Squire,, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1, Deborah L. Hoover James L. Hoover 49 Mountain Lane Newburg, PA 17240 Court of Common Pleas Civil Division Cumberland County No. 03-596 To-' Deborah L. Hoover 49 Mountain Lane Newburg, PA 17240 DATE OF NOTICE: March 25, 2003 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire,, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1, Deborah L. Hoover James L. Hoover 49 Mountain Lane Newburg, PA 17240 Court of Common Pleas Civil Division Cumberland County No. 03-596 To.' James L. Hoover 49 Mountain Lane Newburg, PA 17240 DATE OF NOTICE: March 25, 2003 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 (1 O) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One i enkintown Station, Suite 104 I 15 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 PLAINTIFF, Vo Deborah L. Hoover James L. Hoover 49 Mountain Lane Newburg, PA 17240 DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 03-596 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, 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 defendants 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 Defendants James L. Hoover and Deborah L. Hoover are over 18 years of age and reside at 49 Mountain Lane, Newburg, PA 17240. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 Atlorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 PLAINTIFF, Deborah L. Hoover James L. Hoover DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-596 CWIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Dated Issue Writ of Execution in the above matter. Amount Due Interest From 04/10/2003 to 03/03/2004 ~ $37.26 per diem * plus fees and costs $151,196.96 $ 12,258.54 $163,455.50 Richard. Squire 8¢/As~iates, LLC// Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 On~ l~k/ntown Station, Suite 104 115 We, st Avenue J~nkintov~n, Pa 19046 Telc'phon¢: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 PLAINTIFF, V. Deborah L. Hoover James L. Hoover DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-596 CWIL ACTION MORTGAGE FORECLOSURE WRIT OF EXECUTION (Mortgage Foreclosure) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (specifically describe property below): All real property and improvements thereon located at: 49 Mountain Lane, Hopewell Township, Newburg, PA 17240 Improvements consisting of a residential dwelling (See attached legal description) Amount Due Interest From 04/10/2003 to 03/03/2004 ~ $37.26 per diem * plus fees and costs $151,196.96 $ 12.258.54 $163,455.50 Seal of Court Date PROTHONOTARY BY: DeputyProthonotary 00~ © o o LEGAL DESCRIPTION ALL THAT CERTAIN tract of woodland situate in the Township of Hopewell, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a stake at the comer of lands now or fom~erly of Walter Dunlap and the Thomas Patterson Estate, South Thirty-one 01 ) degrees Thirty 00) minutes East, Five Hundred Ninety-four (594) feet to an iron pin; thence by lands now or formerly ora person or persons by the name of Dmitt, South Thirty-seven (37) degrees Thirty (30) minutes West, One hundred Forty and Twenty-five One-hundredths (140.25) feet to an iron pin; thence by other lands now or formerly of William G. Heberlig and Judith P. Heberlig, husband and wife, North Eighty (80) degrees Five (05) minutes Thirty-four (34) seconds West, Seven Hundred Sixty-eight and Seventy-six One-hundredths (768.76) feet to an iron pin; thence by other lands now or formerly of Luke B. Heborlig and Mabel W. Heberlig, his wife, North Seven (7) degrees Thirty (30) minutes East, Three Hundred Forty-four and Two One-hundredths 044.02) feet to a stake; thence by lands now or formerly of Walter Dunlap, North Seventy-three (73) degrees Thirty (30) minutes East, Five Hundred Eight and Thirty- eight One-hundredths (508.38) feet to the place of BEGINNING. CONTAINING 7.754 acres pursuant to a survey of Noel B. Smith, R.S., dated January, 1972. IMPROVEMENTS thereon consisting of a residential dwelling. BEING KNOWN AS 49 Mountain Lane, Newburg, PA 17240. BEING TAX PARCEL NO. 11-06-0043-029A. TOGETHER with a right of passage in said Grantees, their heirs and assigns, to use a certain dirt mountain road running from the property now or formerly known as the Walter Dunlap property in a Southwesterly direction through the tract herein conveyed to Grantees to property now or formerly of Luke B. Heberlig and Mabel W. Heberlig, husband and wife, said right of way to be shared in common with the ahovementioned William G. Heberlig and Judith P. Heberlig, their heirs and assigns, and with Walter Dunlap, his heirs and assigns. BEING the same premises which William G. Heberlig and Judith P. Heberlig, husband and wife, by Deed dated September 30, 1998 and recorded on October 2, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 186, Page 646, granted and conveyed unto James L. Hoover and Deborah L. Hoover, husband and wife, in fee. SEIZED AND TAKEN in execution as the property of James L. Hoover and Deborah L. Hoover, under Judgn~ent No. 03-596. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-596 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A. f/Ida LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 02/01/1999, SERIES 1999-1 Plaintiff (s) From DEBORAH L. AND JAMES L. HOOVER, 49 MOUNTAIN LANE, NEWBURG PA 17240. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 49 MOUNTAIN LANE, HOPEWELL TWP., NEWBURG PA 17240 (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. AmountDue $151,196.96 L.L. $.50 Interest 4/10/03 TO 3/3/04 ~ $37.26 per diem -- $12,258.54 Due Prothy 1.00 Other Costs Atty's Corem % Atty Paid $140.49 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQ. CURTIS R. LONG Prothonotary I] ~ Address: ONE JENKINTOWN STATION, STE. 104 115 WEST AVE.,, JENKINTOWN PA 19046 Attorney for: PLAINTIFF Telephone: (215) 886-8790 Supreme Court ID No. 04267 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suit~ 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 PLAINTIIC'F, V. Deborah L. Hoover James L. Hoover DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-596 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION Richard M. Squire, 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 o£Act 91 because it is: ( ) An FHA Mortgage ( ) Non-owner occupied ( ) Vacant (X) Act 91 Procedures have been fulfilled This certification is made subject to the penalties of~V~ Pa. CS. S~ct uns worn fai sific ati on to authori ties. . :~h~ .~ _ _~.~- //Richard M. Squire, Es< v Richard M. Squire & A Attorneys for Plaintiff o/n 4904/r~ating to Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 PLAINTIFF, V. Deborah L. Hoover James L. Hoover DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-596 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 49 Mountain Lane, Hopewell Township, Newburg, PA 17240: 1. Name and last known address of Owner(s) or Reputed Owner(s): Deborah L. Hoover James L. Hoover 49 Mountain Lane, Newburg, PA 17240 49 Mountain Lane, Newburg, PA 17240 2. Name and last known address of Defendant(s) in the judgment: Deborah L. Hoover James L. Hoover 49 Mountain Lane, Newburg, PA 17240 49 Mountain Lane, Newburg, PA 17240 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Michael R. E. Company, Inc. One R. E. Michael Drive, Glen Bumie, MD 21060 Richard L. Whisler, et al. 633 Brandy Run Road, Newville, PA 17241 First Nationwide Mortgage Corporation P.O. Box 9481 Gaithersburg, MD 20898 Whisler's Well Drilling 3661 Green Spring Road, Newville, PA 17241 Belco Community Credit Union Greenwood Trust Company 403 North 2nd Street, Harrisburg, PA 17108 329 15th Street, New Cumberland, PA 17070 Name and address of last recorded holder of every mortgage of record: P. o. Box 15530 Pennsylvania Housing 2101 North Front Street Finance Agency Harrisburg, PA 17105 Name and address of every other person who has any record lien on the property: None other. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Domestic Relations Section Court of Common Pleas 13 North Hanover Street, P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare Attn: Legal Department Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105-2675 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: Tenant/Occupant 49 Mountain Lane, Newburg, PA 17240 VERIFICATION 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. §4904 relating to unswom falsificati~ to authorities//- / Rich3qd IV~ Squirg'& ~sociat~,LLC ,, Jenkintown, PA 19046 Attorneys for Plaintiff Date: October 23, 2003 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One J~nkintown Station, Suite 104 115 W~st Avenue J~nkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 PLAINTIFF, V. Deborah L. Hoover James L. Hoover DEFENDANTS. IN THE COURT OF COMMON PLEAS iCUMBERLAND COUNTY, PENNSYLVANIA NO. 03-596 i CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Deborah L. Hoover James L. Hoover 49 Mountain Lane Newburg, PA 17240 Your house (real estate) at 49 Mountain Lane, Hopewell Township, Newburg, PA 17240 is scheduled to be sold at the Cumberland County Sheriff's Sale on Wednesday, March 3, 2004 at 10:00 a.m. prevailing local time, in the County Commissioners' Conference Room, 2nd Floor, at the new Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the judgment entered against you on April 10, 2003 in the amount of $151,196.96 plus interest, in the Court of Common Pleas of Cumberland County as No. 03-596, in favor of plaintiff, Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1. NOTE: NOTICE OF OWNER'S RIGHTS This law firm is a debt collector and is attempting to collect a debt on behalf of plaintiff in this matter. This notice is an attempt to collect a debt, and any information obtained hereby will be used for such purpose. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to plaintiff, the amount of the judgment plus costs, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Richard M. Squire, Esquire, at (215) 866-8790. 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 means. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the SheriWs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Shefiffat (717) 240-6390. 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. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened you may call the Cumberland County Sheriffat (717) 240-6390. IF the amount due fi'om the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriffand the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. You may be entitled to a share of the money that was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with the schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS NOTICE 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. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Tel: 717-249-3166 and 800-990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN t~act of woodland situate in the Township of Hopewell, County of Cun~berland and Commonwealth of Penusylvania, bounded and described as follows: BEGINNING at a stake at the comer of lands now or formerly of Walter Dunlap and the Thomas Patterson Estate, South Thirty-one (31) degrees Thirty (30) minut~ East, Five Hundred Ninety-four (594) feet to an iron pin; thence by lands now or formerly of a person or persons by the name of Druitt, South Thirty-seven (37) degrees Thirty (30) minutes West, One hundred Forty and Twenty-five One-hundredths (140.25) feet to an iron pin; thence by other lands now or formerly of William G. Heberlig and Judith P. Heberlig, husband and wife, Nox~th Eighty (80) degrees Five (05) minutes Thirty-four (34) seconds West, Seven Hundred Sixty-eight and Seventy-six One-hundredths (768.76) feet to an iron pin; thence by other lands now or formerly of Luke B. Heberlig and Mabel W. Heberlig, his wife, North Seven (7) degrees Thirty (30) minutes East, Three Hundred Forty-four and Two One-hundredths (344.02) feet to a stake; thence by lands now or formerly of Walter Dunlap, North Seventy-three (73) degrees Thirty (30) minutes East, Five Hundred Eight and Thirty- eight One-hundredths (508.38) feet to the place of BEGINNING. CONTAINING 7.754 acres pursuant to a survey of Noel B. Smith, R.S., dated January, 1972. IMPROVEMENTS thereon consisting of a residential dwelling. BEING KNOWN AS 49 Mountain Lane, Newburg, PA 17240. BEING TAX PARCEL NO. 11-06-0043-029A. TOGETHER with a fight of passage in said Grantees, their heirs and assigns, to use a certain dirt mountain road running from the property now or formerly known as the Walter Dunlap property in a Southwesterly direction through the lxact herein conveyed to Grantees to property now or formerly of Luke B. Heberlig and Mabel W. Heborlig, husband and wife, said right of way to be shared in common with the abovementioned William G. Heberlig and Judith P. Heberlig, their heirs and assigns, and with Walter Dunlap, his heirs and assigns. BEING the same premises which William G. Heberlig and Judith P. Heberlig, husband and wife, by Deed dated September 30, 1998 and recorded on October 2, 1998 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volme 186, Page 646, granted and conveyed unto James L. Hoover and Deborah L. Hoover, husband and wife, in fee. SEIZED AND TAKEN in execution as the property of James L. Hoover and Deborah L. Hoover, under Judgment No. 03-596. Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 PLAINTIFF, Deborah L. Hoover James L. Hoover IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-596 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. FINAL AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Richard M. Squire, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A', was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for Writ of Execution ou the date(s) appearing on the attached Certificates of Mailing. A Notice of Sheriff's Sale was sent to the Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit Ifa Return Receipt is not attached hereto, then service was by persoual service on the date specified on he attached Return of Service, attached heretu as Exhibtt B. If service was by Order of Court, then proof of compliance with said Order is atlached hereto as Exhibit All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Dated: Januat~ 27, 2004 RICHARD M. SQUIRE & ASSOCIATES ~ /[ I Richard M. Sg~ire, Esquire Attorney for Plaintiff AFFIDAVIT OF SERVICE Plaintiff- Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 Defendants - Deborah L. Hoover and James L. Hoover Serve at - 49 Mountain Lane, Newburg, PA 17240 County - Cumberland Type of Action - Notice of Sale Complete Service by - ASAP Sale Date -March 3, 2004 Please Serve Defendants County No. 03-596 SERVED Served andmadeknownto ~_J~'6~ ~, l~'*oO'g ~V defendant, onth?¥jl~dayof Commonwealth of Pennsylvania, in the manner described below: __Defendant personally served. )~ Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s) residence who refused to give name or relationship. __ Mangar/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person hi charge of Defendant(s)'s office or usual place ofbusineas. an officer of said Defandant(s)'s company. Other: Description: A~e~]~ He~ight~'~/¥t~We~g~t/~.~ Ra~ce l~/ ~ex~. O~'~e~' I, [~t~' ! fro ~ ~/~t'~ ~r~a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sale hi the manner ns set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and~bscribed ~o.~e Me thiFq .,,Z_ day / On the day of ., 200_ at. because: Moved Unknown Sworn to and subscribed before me this day of. ,200__ o'clock m., Defendant NOT FOUND No Answer Vacant Other Notary: ~ Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 " AFFIDAVIT OF SERVICE Plaintiff- Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 Defendants - Deborah L. Hoover and James L. Hoover Serve at - 49 Mountain Lane, Newburg, PA 17240 County- Cumberland Type of Action -Notice of Sale Complete Service by - ASAP Sale Date - March 3, 2004 Please Serve Defendants County No. 03-596 SERVED Served and made known to ~G~c~-~-~ ~- /~o~/'~defendantonthe , I(/~J/~'day of Co~onweal~ of Pe~sylva~a, h ~e m~er described below: Defendant personally served. ~-Adult fanfily member with whom Defendant(s) reside(s). Relationship is ~j-~:/O ._~ (5,f-,J __Adult in charge of Defendant(s) residence who refused to give name or relationship. Manger/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 Defendaat(s)'s company. Other: Description: A~s,- I c~ Height .d~rjt I,btdt6 ~t° ~ S ~$g/3x~t'Ja competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of Sale in the manner us set forth herein, issued in the captioned case on the date and at the address indicated above. Signed X: ~J~,~t_ ~.~.,~..~ Sworn to and subscribed tlefore , Notary: // / _/~_~ .,~//?*/ar//a~o.~.a,~a~ / /I/ ~//~, , On the day of ,200 at __ o'clock m., Defendant NOT FO,~D because: Mo~ved UnknOwn __ No Answer _. Vacant Other Sworn to and subscribed before me this day of__, 200__ Notary: Attorney for Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 AFFIDAVIT OF SERVICE Plaintiff- Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 Defendants - Deborah L. Hoover and James L. Hoover Serve at- 49 Mountain Lane, Newburg, PA 17240 County - Cumberland Type of Action - Notice of Sale Complete Service by - ASAP Sale Date - March 3, 2004 Please Serve Defendants County No. 03.-596 SERVED Served and rnade known to ~_~n-,&~ ~ l~.,oO~e~¥- defendant, on thoY~_~-~.day of Commonwealth &Pennsylvania, in the manner described below: __Defendant personally served. / X Adult family member with whom Defendant(s) reside(s). Relationship is ~ O ~/ __Adult in charge of Defendant(s) residence who refused to give name or relationship. __Manger/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:A Xght*''' We htJ' SRaceOther I, ~J~, .c/t~J~ ~/4.~/O~a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of Sale in the manner us set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and~bscribedj~,je~q//~ Me thi~ day of - ~f~,~/ / / Nota~: '\/ f'~ tllx'X,~/'] / ~' ~ I~ta~ml I On the __ day of ,200 at __ o'clock m., Defendant NOT FOUND because: Moved Unknown __ No Answer Vacant Other Sworn to and subscribed before me this day of ,200__ Notary: Attorney forPlantiff Richard M. Squ~e, Esquire- I.D. No. 04267 ll5WestAvenne, Suite 104 Jenkintown, PA19046 215-886-8790 AFFIDAVIT OF SERVICE Plaintiff- Lasalle Bank, N.A., f/k/a Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated 02/01/1999, Series 1999-1 Defendants - Deborah L. Hoover and James L. Hoover Serve at- 49 Mountain Lane, Newburg, PA 17240 County - Cumberland Type of Action - Notice of Sale Complete Service by - ASAP Sale Date - March 3, 2004 Please Serve Defendants County No. 03-596 SERVED Scrvedand madeknown to x~(LV~e-~ L, ~.v'..~V ~'~defendant, on the ~day of ~ ~.~ 200~at ~:~O o'clock ~m.,at q~ ~~[~ k~ ~U~G Co~onweal~ of Pe~sylvama, m the ~er described below: Defendant personally served. ~Z~-Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s) residence who reused to give name or relationship. Manger/Clerk of place of Iodging m which Defendant(s) reside(s). Agent or person ~ charge of Defen~nt(s)'s office or usual place of business. O~er: an officer of said Defendant(s)'s company. Description: A~ "Weigh[ J ~ ccx~ Other I,~ ~ S ~a competent adult, being duly sworn accor~g to law, depose and state that I personally ~nded a ~e and co~ect copy of the Notice of Sale in the ma~er us set fo~ here~, issued in the captioned case on the date and at the address indicated above. Sworn to and subschbed ' efore '~ ~ SignedX:~~.~]/]~ // / / On the ~_ day of ,200 at because: M~ved U~own Sworn to and subscribed before me this --_ day of ,200__ o'clock __m., Defendant NOT FO~ No Answer Vacant Other Nomry: Attorney for Plantiff Richard M. Squire, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 LaSalle Bank, N.A. f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement Dated 2/1/99, Series 1999-1 VS Deborah L. Hoover and James L. Hoover In The Court of Common Pleas of Cumberland Cotmty, Pennsylvania Writ No. 2003-596 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Richard Squire. Sheriff's Costs: Docketing 30.00 Poundage 19.73 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 30.00 Service 27.60 Law Journal 456.05 Patriot News 367.12 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $1006.32 paid by attorney 03/05/04 Sworn and subscribed to before me So Answers: This ~ day of ~q4~t,_~ ~'~ ~'~ R. Thomas Kline, Sheriff 2004, A.D. k'--,-/~z.~ {5). ')].L~%%y Prothonotary Real Estat~Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, ptace and character of publication are true; and That he has personal knowledge of the facts aforesaid end is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to e resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of ~auphin in,Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION C O PY Sworn to and ~bscr~is 23rd day ~'Feb~ 2004 A.D. 'rem/L Russell, Nota~/ u Cib/OfHamst~urg, Oa ph Coun~ I ,_,,-,~ ,-~,f',.-,~,,,-.,~.----- ~.- My Commission Exp~res June 6, 2(~6 I N(~I'ARY PUoLIC Uember, Penns,/~vaniaAs~3dat~nOfNo~i~t commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 367.12 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE 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: JANUARY 16, 23, 30, 2004 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. REAL ESTATE 8ALE NO. 64 Writ No. 2003-596 Civil LaSalle Bank, N.A.. f/k/a LaSalle National Bank, as Trustee Under the Pooltog and Servicing Agreement Dated 2/1/99, Series 1999 1 VS. Deborah L. Hoover and James L. Hoover Atty.: Richard Squire LEGAL DESCRIPTION ALL THAT CERTAIN tract of wood land situate In the Township of Hope well. County of Cumberland and Commonwealth of Pennsylvania. bounded and described as follows: BEGINNING at a stake at the comer of lands now or formerly of Walter Dunlap and the Thomas Patterson Estate, South Thirty-one (311 degrees Thirty (301 minutes East, Five Hundred Ninety four (5941 feet to an iron pin: thence by lands now or formerly of a person or persons by the name of Druitt. South Thirty seven (371 degrees Thirty (301 minutes West, One htm- dred Forty and T~enty five Onc-htm- dredths 1140.25) feet to an iron pin: thence by other lands now or for merly of William G. Heberlig and dudlth P. Heberlig, husband and wife, North Eighty (80) degrees Five (051 minutes Thirty four (34) sec- onds West, Seven Hundred Sixty- eight and Seventy-six One-hun- dredths (768.76) feet to ail iron pin; thence by other lands now or for merly of Luke B. Heberlig and Mabel W. Heberlig, his wife, North Seven {7) degrees Thirty {30} minutes East, Three Hundred Forty-four and Two One hulldredths (344,02} feet to a stake; thence by lands now or for SWO (_//RN TO AND sCuBsCR]BEDa/L//s Marieoyne, E~itor before me this 30 day of JANUARY 2004 LOIS E, SNYDER, Notary Public Cadisle Boro, Cumberland County My Commission Expires March 5, 2005 Atty.: Rlctmrd Squire LEGAL DESCRIPTION ALL THAT CERTAIN tract of wood- land situate in the Township of Hope well, Gounty of Cumberland and Commonwealth of Pennsylvania, bounded and described as foIlows: BEGINNING at a stake at the corner of lands now or formerly of Walter Dunlap and the Thomas Patterson Estate, South Thirty-one {311 degrees Thirty {30} minutes East. Five Hundred Ninety-four (5941 feet to an iron pin; thence by lands now or formerly of a person or persons by the ~ame of Drultt, South Thlrty~seven (,371 degrees Thirty (30) minutes West, One hun- dred Forty and Twenty-five One-hun- dredths [140.251 feet to am Iron pin; thence by other lands now or for- merly of William G. Heberlig and Judith P. Heberlig, husband and wife, North Eighty (80) degrees Five (051 minutes Thirty-four [341 sec- onds West, Seven Hundred Sixty eight and Seventy six One-hun dredths 1768.76) feet to an iron pin; thence by other lands now or for merly of Luke B. Heberllg and Mabel W. Heberllg, his wife. North Seven {7) degrees Thirty 130l minutes East. Thr~e Hundred Forty-four and One-hundredths [344.02) feet to a stake; thence by lands now or for- merly of Waiter Dunlap, North Sev- enty-three (73} degrees Thirty (B0} minutes East. Five Hundred Eight and Thirty eight One-hundredths {508.38) feet to the place of BEGIN NING. CONTAINING 7.754 acres pur- suant to a survey of Noel B. Smith. R,S., dated January, 1972. IMPROVEMENTS thereon con sistin4~ of a residentiaJ dwelling, BEING KNOWN AS 49 Mountain Lane, Newburg, PA 17240. BEING TAX PARCEL NO. I 1-06 0043-029A. TOGETHER with a right of pas sage in said Grantees, their heirs and assigns, to use a certain dirt mountain road running from the property now or formerly knoval as the l/¢alter Dunlap property in a Southwesterly direction through the tract herein conveyed to Grantees to property now or formerly of Luke B. Heberlig and Mabel W. Heberlig, husbaud and wife, said right of way to be shared in common with the abovementioned William G. Heberlig and Judith P. Heberlig, their heirs and assigns, amd with Waiter Dun- lap, Ills heirs and assigns. BEING the same premises which Wlllian~ G. Heberlig and Judith P. Heberllg, husband and wife, by Deed dated September 30, 1998 and re corded on October 2, 199B in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 186. Page 646. grant- ed and conveyed unto James L, Hoover and Deborah L. Hoover, bus band and wife, in fee. SEIZED AND TAKEN in execu tlon as the property of James L. Hoover and Deborah L, Hoover. under Judgment No, 03-596. LO~$ E. SNYDER, Notary Public Ca~tisle Bom, cumberland County My Commission Exp~es t, tamh 5, 20(}5