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Home My WebLink About03-2980CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION Plaintiff VS. MELRETTA C. SIMPSON, JUL1E M. WERKING AND THE UNITED STATES OF AMERICA Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiViL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TInS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend ag~fmst the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without fmther notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOT1FICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. FOR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 CENTEX HOME EQUITY COMPANY, LLC F/IOA CENTEX HOME EQUITY CORPORATION, Plaintiff VS. MELRETTA C. SIMPSON, JULIE M. WERKING AND THE UNITED STATES OF AMERICA : Defendants : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attomey is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Frout Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, Plaintiff VS. MELRETTA C. SIMPSON, JULIE M. WERK1NG AND THE UNITED STATES OF AMERICA Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~)._~ .. ~. ~} 6'0 ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, CENTEX HOME EQUITY COMPANY, LLC, F/K/A CENTEX HOME EQUITY CORPORATION, with an address of 1750 VICEROY DRIVE, DALLAS, TEXAS 75235. Defendant, MELRETTA C. SIMPSON, is an adult individual, whose last known address is 914 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, JULIE M. WERKING, is an adult individual, whose last known address is 914 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055. 3. The United States of America, is a nation located on the continent of North America. The United States of America is hereby joined as a party in accordance with the provisions of the Act of Congress of the United States of June 25, 1948, c. 646, 62 Stat. 972, as amended, 28 USCA Section 2410, and for the reason that the United States of America may allege to have an interest in the premises subject to the Mortgage herein on account of said tax lien. The United States of America is being joined herein for the purposes of having any liens discharged which it may have pursuant to PUB L. 89-719, Title I. Section 109, November 2d. 1966, 80 Stat. 1141, as amended, 26 USCA Section 7425. On July 29, 2002 the United States of America filed a tax lien against the Defendant, Melretta C. Simpson in the amount of $71,758.91 for income taxes due by the aforesaid Defendant for periods ending December 31, 1997, December 31, 1998, December 31, 1996, June 30, 1997, March 31, 1998, June 30, 1998, September 30, 1998, December 1, 1998, March 21, 1999, December 31, 1999, June 30, 2000, September 30, 2000, December 31, 2000, March 31, 2001, June 30, 2001. Said liens are further 2000, September 30, 2000, December 31, 2000, March 31, 2001, June 30, 2001. Said liens are further identified as Serial No. 230292077, Identification No. 23-2624434. Said liens are indexed to Judgment Docket No. FTL-2002-03611. A copy of the Tax Lien being attached hereto and made a part hereof as Exhibit "A". On July 29, 2002 the United States of America filed a tax lien against the Defendant, Melretta C. Simpson, in the amount of $1,812.39 for income taxes due by the aforesaid Defendant for periods ending December 31, 1999, December 31, 2000. Said liens are further identified as Serial No. 230292078, Identification No. 23-2624434. Said liens are indexed to Judgment Docket No. FTL 2002- 3612. A copy of the Tax Lien being attached hereto and made a part hereof as Exhibit "B". On January 30, 2003 the United States of America filed a tax lien against the Defendant, Melretta C. Simpson, in the amount of $26,450.42 for income taxes due by the aforesaid Defendant for the periods ending December 31,2001, March 31, 2000, September 30, 2001, December 31,2001, March 31, 2002, June 30, 2002. Said Liens are further identified as Serial No. 230300504, Identification No. 23- 2624434. Said Liens are indexed to Judgment Docket No. FTL 2003-449. A copy of the Tax Lien being attached hereto and made a part hereof as Exhibit "C". On March 27, 2003 the United States of America filed a tax lien against the Defendant Melretta C. Simpson in the amount of $6,504.40 for income taxes due by the aforesaid Defendant for periods ending September 30, 1997. Said Lien is further identified as Serial No. 230303086, Identification No. 23- 2624434. Said Lien is indexed to Judgment No. FTL 2003-1345. A copy of the Tax Lien being attached hereto and made apart of hereof as Exhibit "D". On March 27, 2003 the United States of America filed a tax lien against the Defendant Melretta C. Simpson in the amount of $1,238.18 for income taxes due by the aforesaid Defendant for periods ending September 30, 2002. Said Lien is further identified as Serial No. 230303004, Identification No. 23- 2624434. Said Lien is indexed to Judgment No. FTL 2003-1343. A copy of Tax Lien being attached hereto and made apart of hereof as Exhibit "E". 10. On or about, September 15, 1999, the said Defendant, Melretta C. Simpson, executed and delivered a Mortgage Note in the sum of $145,800.00 payable to CENTEX HOME EQUITY CORPORATION, which Note is attached hereto and marked Exhibit "F". 11. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1576, Page 831 conveying to original Mortgagee the subject premises. Centex Home Equity Company, LLC. ffk/a Centex Home Equity Corporation. The Said Mortgage is incorporated herein by reference. 12. The land subject to the Mortgage is: 914 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "G" attached hereto. 13. The said Defendants are the real owners of the property. 14. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 20, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $144,110.90 Interest at $47.97 per day From 12/20/2002 To 07/20/2003 ( based on contract rate of 12.150%) $10,169.64 Accumulated Late Charges $0.00 L~e Charges m $75.83 From01/20/2003 to 07~0/2003 $606.64 Escrow Balance $0.00 Attorney's Fee at 5% of Principal Balance TOTAL $7,205.55 $162,092.73 **Together with interest at the per diem rate noted above after July 20, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plalntiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 12.150% ($47.97 per diem), together with other charges and costs including escrow advances incidental thereto to~e date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PUR~Z~L~UG & HALLER Leon~P. Hailer, Esqu'lre Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 12:47 PM CCAC 499 Form 668 (¥)(c) Arae: ~MALT- BUSINESS/SELF EMPLOYED AR~A #3 lien. Un~ ~hooe: (%1Z) 395-5265 ~:~pr~ld~d ~ ~ecdon 6321, 6322, and 632~ of ~he Internal Ravenue ~ ;~ ~ e, we ~re ~n~ a notice thac uxe~ (Includes InCeresC and penalties) ~ /~ ~/~ ~e heart.assessed aplnst ~he ~oll~nff-named c~payer. We h~ve made I ~mnd Kor p~enc o~ this Uablll~, buc lc remains unpaid. ~ere~ore, · ~e b I lien In [avor of chi Unlc~ States on all proper~ and ri~hcs co ~r~ belon~nE co cms ~er for chi amount o~ ~hese ~es, and additional Penlldes, Interest, Ind costs chat may accrue. Name of TaXpayer M~LRETTA C SIMP~ON MELRETTA'S COMMERCIAL SERVICE : · in 18C 632~51s). Department of the Treasury - Internal Revenue SerVice Notice of Federal Tax Lien o.z. 3c// FTL Serial Number For Op[Jone~ Usa by Recordin0 Of:Ica 9i4 SPRIN,G CIRCLE MECKANICSBURG, PA 17055 II~PORT~NT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiJed by the date given in column lei, this notice shall, on the day following such da'~e, operate as a certificate of release as defined Identlfyfns Number (c) 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 Tax Period K~.4 of Tax Ending (b) 940 12/31/1997 940 12/31/1998 941 12/31/1996 941 06/30/1997 941 03/31/1998 941 06/30/1998 941 09/30/1998 941 12/31/1998 941 03/31/1999 941 12/31/1999 9&l 06/30/2000 941 09/30/2000 941 12/31/2000 9&l 03/31/2001 941 06/30/2001 Place of Filing Dice ~ Assessment 03/30/1998 o8/2o/2ool 09/22/1997 o3/23/1998 06/01/1998 08/20/2001 08/27/2001 08/20/2001 05/08/2000 09/24/2001 08/20/2001 o8/2o/2ool 08/20/2001 08/27/2001 10/D1/2001 Prothonotary Cumberland County Carlisle, PA 17013 PITTSBURGH, PA This nOlica was prepared and signed at 2302920?7 Last Day for Ce) o4/29/2oo o9/19/2Oll lo/22/2oo"/ ~/~/~ ~/~/~8 ~/~/~ o9/2~/2Oli o9/19/2Oll o6/o7/2olo 10/24/2Oll o9/19/2Oll o9/19/2o%1 o9/19/2Oll o9/26/20il lO/31/2Oll Total 09th day of July i Signature 'for DENNIS P. ZMUDZIN ~' ] Unpaid Balance of Assessment (0 83,56 255.64 297.68 1074.73 181.16 3997.51 2814.87 2232,61 511.38 2789.75 19037.93 14999.38 12512.16 5139.31 5831.24 71758.91 , on this, 2002 Title i REVENUE OFFICER 23-08-1441 (717) 221-3490 x1310 (I~IOTI[: Certifice':s of officer authorized by law ~o ta~a acknowledgrnem is not e~&snt;al :o ~he ~alidi~¥ of' No:ica of Federal Tax lien :erin 668 (Y)(c) 2~30~ Serial Number i ~MALL GUSIN~S~/g~LF EMPLOYED AREA ~3 ..ien Unit Phone: (4121 395-3265 230292078 As pr~lded ~ se~lon 6~21, 6~22, and 6~2~ of the lateral Revenue ~e, we are g~lng a notice that exes (Including Interest and penalties) have hen a~sessed aplnst the fdl~lng-~med ~xpayer. We h~e ~de a dema~ fff 9a~ent of this liablllw, but It remains unpaid. ~erefore, there is a ~ In fav~ of the Unlt~ S~tes on all proper~ and rlghU to ~ hlon~nK ~o thb Mxpayer for the amount of these Mxes, and additional p*naltles, Interest, and costs that mw ac~e. 'Name ~Y Texp%yar M~LRETTA C SIMPSON MELRETTA' S COMMERCIAL ~RV CCAC Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien ~or Optl0r ¢ U~e by Retarding Office Residence 914 SPRING CIRCLE MECI-IANIC~URG, PA 17055 11'4PORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the I~en is raffled by the date given in column Is), th~s notice shall. on the day following such date. operate es e certificate of release as defined in IRC 8327{a). ; Tax Period Date of Kind of Tax Ending Identifying Number Assessment (a) (b) (c) (d) 940 12/31/1999 23~2624434 10/01/~001 940 12/31/2000 23-2624434 08/27/2001 Prothonotary Cumberland Coun:y Carlisle, PA 17013 Place of Filing PITTSBURGh, PA This notice Was prepared end signed at Lzss Day for Retiring lO/ 1/2o1 09/26/20ii Tote Title REVENUE OFFICER (717) 221-3490 x13 0 the O~r_h dayof July 2002 P.05 [CE ~ ':" . "" C; r,~ ., Rev. RuI, 71-468, 1971 - Unpaid Balance M AsseSsmEnt 230.77 1581.62 lg12.39 , on this, 23-08-1441 of Notice of Federal Tax Ilea Form 6&e(Y)(c) {REv. 10-00) !':'~ 499 :~ i Department of the Treasury - internal Revenue SarvJ~e ?i ill~or~ &&$ (Y)(c) 'I,,...o.o,, Notice of Federal Tax Lien ~.';' , Area: Serial Number For ~:~ Use by Recording O,lce '~Jl J[S~L~ BUSINESS/SELP EMPLOYED ~EA ~ ~ '~ Lea Unit Phone: (4[2) aDS-S265 230300504 ~' ~[ ~ Pr~lde~ by section 6321, 6322, a.d 6323 ~ the Internal Revenue ' C~e, we ~e f~lnf a notice that uxes (Including Interest and penalties) ~ g~ h~e ~en meffed against the roll.nj-named taxpayer. We ~ve made ~ /~oq/ a d~and ~ pa~ent o[ tb~ Ilablll~, but k remains un~ld. ~erefore, there Is a lien In favor of the United States on all property and rights to property I~lon~ing to chis taxpayer for the amount of these taxes, and addk[onal penalties, Interest, and costa that may accrue. Name~ of Taxpayer MELRETTA C SIMPSON MELRETTA~ S COMMERCIAL SERVICE Residence 914 SPRING CIRCLE MEC}{ANICSBURG, PA 17055 II~PORT~NT RELEASE INFORMATION: For each assessment listed below, udleaa notice of the lien Is raffled by the date given in column (e), this notice shall on the day following such date, operate es a certificate of release es defined in 1RC Tax Period Date of Last Day ~r ~nd of Tax Ending IdentiFying Number Assessment Retiring '(a) (bi (c) (d) (e) 940 12/31/2001 23-2624434 10/07/2002 11/06/2012 941 03/31/2000 23-2624434 08/19/2002 09/18/2012 941 09/30/2001 23-2624434 08/19/2002 09/18/2012~ 941 12/31/2001 23-2624434 10/07/2002 11/06/20121 941 03/31/2002 23-2624434 08/26/2002 09/25/201Z 941 06/30/2002 23-2624434 09/30/2002 10/30/2012 Unpaid B~lance of Assessment 752.64 8131.08 5853.14 6642.78 3562.14 1508.64 Piece of Filing Prothonotary Cumberland County Carlisle, PA 17013 This notice was prepared and algned at PITTSBURGH, PA 26450.42 , on this, the 23rd dayo( January 2003 I Department of the Treasury - Internal Revenue Service [¥)(c) Notice of Federal Tax Men ~ ~o 3-/3~,-~' ~'7'/- ~,rea: Serial Number For Optic al Uae by Recording Office BUSII~E$S/SELF ~N~LOYED AREA #3 Unit Pho~e: (412) ~95-5265 230~03086 As ptevMedlby sectio~ 6321, 6322, and 6323 or the Internal Revenue Code, we ar~. givlnf a notice that taxes (tncludlnf Interest and penalties) have bten aSsessed aplnsr the followin[-named taxpayer. We have made a demand for payment of this liability, but It remains unpaid. Therefore, there Is a Ilnn In favor of the United States on all property and rights to property belonging to this taxpay.r for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. of Toxp'ayer MELRETTA C SIMPSON Reaider~ce 914 SPRING CIR MECHANICSBURG, PA 17055-4054 INPORTANT RELEASE [NFORHATION: [:or each assessment Ila~ad bsJow, unless not;c(* of the lion ID rallied by the dote given in column {e), this notice shall, on ~he day follow~ng such date. operate es a certificate of reloads aa defl~ad in IRC 6321~1al. Tax Period Date of Last Day for IOnd of Tax Endln~ Identifying Number A~sessment Reflflnf~ (a) ' Ch) (c) (d) (e) 941 09/30/1997 23-2624434 03/10/2003 04/09/2013 PITTSBURGH, PA Piece of Filing Prothonotary Cumberland County Carlisle, PA 17013 This ~otice was prepared and signed et Total the llth day of March 2003 for 'DE~t~'~ ZMUDZIN // (717) 221-3490 Piti 1 · Kept By Unpaid Babnc. of Assessment (0 6504.40 6504.40 , on this, 23-11-144% Notice of Federal Tax IJo~ ;or~ &II(Y)(c) ~sv lO-00i CAT./dO eoo26X Form 668 (¥)(c) Area: Serial Number SMALL BUSTNE$$/$~:LF EMPLOYED ~A ~3 L~en Unk Phono: (412) 395-5265 230303004 ~ wo~d~d by ~ecdon 6321, 6321, a.~ 63~3 of the In~al K~venue C~e, we are S~n~ a notke chic ~xes (Includln~ Inceres¢ and penakles) ~ve been ~sess~ a~aln~t the fo~n~-named ~x~er. We have made a demnd ~or pa~snt of this Ibblil~, but It remains unpaid. ~crefore, · ~e Is a lien In favor of the United States on all proper~ end rifhts to ~oper~ belon~ne to this ~p~er f~ the amount ~ these taxes, and ~dlclonal penakfes, Interest, and costs ~hac may accrue. ham~ of Taxpayer MEARETTA C SIMPSON 499 Department of the Treasury - InIernai Revenue Ser~ce Notice of Federal Tax Lien For Opdzonal UGa by Recbrdit~g Last Day for Reflflnf (e) 0i/oi/201~ Residence 914 SPRING CIR MECHANICSBURG, PA 17055-4054 IMPORTANT RELEASE INFOPJ4ATION: For each oasesamem listed below, unless notice of The lion ia refilod by ~he dote given In column tel, th~s notice shall, on the d~y following such data, operate of 8 certificate of release as defined in ~C S3~amh Tax Perl~ Date of ~d of T~ Endln~ IdentJ~ne Numar ~s.sment Ca) (b) (c) Prothonotary Cumberland County Carlisle, PA 17013 Place of Filing PITTSBURGE, PA This notice wes prepared end signed the 10th day of March 2003 Unpaid Balance of .,~sessment 1238.18 1238.18 , on thl~, 23-11-1441 245101938 NOTE [Date] [Ci~y] 1. BORRO~R'S PROMISE TO PAY 2, INTEREST Imercst will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 12.150 %. Thc interest rate required by this Section 2 is the rate I will pay both before and afler any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will mak~ my monthly payments on the 20~:h day of each month beginning on OCTOBER 20 1595. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payment~ will be applied to interest hafor¢ principal. If. on 9/94 g. LO~N CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the imerest or other loan · charges collected or to be collected in connection with this loan exceed the per.tied limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sum already collected from mc which exceeded permitted limits will be refunded to me. T~e Note Holder may choose to make this refund by reducing Ihe principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and imerest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date il is due. l will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that itl do not pay the overdue amount by a certain date, the Note Holder may require me to pay imnmdiately the hifi amount of principal which has not been paid and all the interest that [ owe on that amount. T~nat date must be at least 30 days a~er the date on which the notice is delivered or mailed to me. (D) No Waiver By Nots Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in thll as deacribnd above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holdar's Costs and Expenses If the Note Holder has required me to pay intmediatnly in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GI¥1NG OF NOTICES Unless applicable law requires a different methed, any notice that must be given lo me under this Note will he given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a nodce of my different address. Any nndce that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder al the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who ~akes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the righi to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give nndce to other persons that amounts due have not been paid. 10. APPLICABLE LAW This Note shall be governed by the laws of the State of Pennsylvania. If a law, which applies to this loan and sets maximum loan charges is finally interpreted so that the interest and other charges collected or to he collected in connection with this loan exceed the permitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other charge to the permitted limit; and (B) any sums already collected from me which exceed permitted limits will be refunded to me. The Note Holder may choose to make this rethnd by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment, but in no event will a prepayment charge be assessed if the No~e Holder chooses to reduce my principal balance by applying such excess amounts. 245101938 I1. ~NIFORM SECURED NOTE This Nolo is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note · Holder under Ills Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), da~ed thc same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security lnstrumem describes how and under what conditions I may ke required to make immediate paymt:nt in full of all amoums I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or aBenefleinilnterestinBorrower. If all or any pan of the Property or any interest in it is sold or transferred (or if a l~neficial inle~st in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate paymen~ in full of all sums secured by this Security Instrument. However, this option shell not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. period of not less then 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.~ ~'~----~ (Seal) (Seal) (Sign Original Only) Exhibit A ALL THAT CERTAIN lot, parcel, piece of ground, situate in Monroe Township, Cumberland County, Pennsylvania, moro particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Spring Circle, said point being at the dividing line between Lot Nos. 78 and 79 on the hereinafter mentioned Plan of Lots; thence continuing along the eastern line of Spring Circle, North Twelve (12) degrees Fifteen (15) minutes West Forty-four and Fifty-eight hundredths (44.58) Feet to a point; thence continuing along the eastern line of Spring Circle on a curve to the right having a radius of Seventy-five (75) feet, an arc length of One Hundred Seventeen and Eighty-one hundredths (117.81) ~t to a point on the southern line of Spring Circle; thence continuing along the southern line of Spring Circle, North Seventy- seven (77) degrees Forty-five (45) minutes East, Seventy-five (75) feet to a point at the dividing line between Lot Nos. 70 and 78 on said Plan; thence along said dividing line South Twelve (12) degrees Fifteen (15) minutes East One Hundred Nineteen and Fifty-eight hundredths (119.58) feet to a point at the dividing line between Lot Nos. 78 and 79 on said Plan; thence along said dividing line south Seventy-seven (77) degrees Forty-five (45) minutes West, One Hundred Fifty (150) feet to a point on the eastern line of Spring Circle, THE PLACE OF BEGINNING. BEING Lot No. 78 on Plan No. 8 of Trindle Spring Gardens, said Plan being recorded in Plan Book 22, Page 28. HAVING THEREON ERECTED a two story brick and aluminum dwelling house known and numbered as 914 Spring Circle, Plechanicsburg, PA COMPANY NAME: CENTEX HOME EQUITY COMPANY LLC VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated mm 20, 2oo3 By Title: Foreclosure Specialist CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION Plaintiff VS. MELRETTA C. SIMPSON, JUL1E M. WERKING, AND THE UNITED STATES OF AMEKICA Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIViL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-2980 CIVIL TERM PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: July 25, 2003 PURCELL, KRUG, & HALLER Leon P. Haller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaimiff Attorney ID# 15700 CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION Plaintiff vs. MELRETTA C. SIMPSON, JULIE M. WERKING AND THE UNITED STATES OF B_MERICA Defendants S T I P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2980 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE ULAT I ON It is hereby stipulated and agreed by and between counsel for plaintiff, and the United States of America, as follows: 1. That the premises referred to in Exhibit C of the Complaint is owned by the Defendants, Melretta C. Simpson and Julie M. Werking. 2. That the Federal Tax Lien filed on July 29, 2002 in the amount of $71,758.91, (copy attached) is junior in time to the plaintiff's mortgage set forth in paragraph 4 of said Complaint. 3. That the Federal Tax Lien filed on July 29, 2002 in the amount of $1,812.39, (copy attached) is junior in time to the plaintiff's mortgage set forth in paragraph 4 of said Complaint. 4. That the Federal Tax Lien filed on January 30, 2003 in the amount of $26,450.42, (copy attached) is junior in time to the plaintiff's mortgage set forth in paragraph 4 of said Complaint. 5. That the Federal Tax Lien filed on March 27, 2003, in the amount of $6,504.40, (copy attached) is junior in time to the plaintiff's mortgage set forth in paragraph 4 of said Complaint. 6. That the Federal Tax Lien filed on March 30, 2003 in the amount of $1,238.18, (copy attached) is junior in time to the plaintiff's mortgage set forth in paragraph 4 of said Complaint. 7. That the United States of America, agrees to the entry in this action of a judgment in favor of the plaintiff. 8. That the United States of America, is not indebted to the Plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which shall be served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Liens referred to in paragraph 2 above. 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Financial Litigation Unit, United States Attorney's office, Suite 309, Federal Building, Scranton, Pennsylvania 18501. 12. That the United States of America, preserves its right of redemption as provided in Title 28, United States Code, Section 2410. 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. BY: THOMAS A. MARINO United States Attorney Assistant U.S. Attorney Attorney for Defendant, United States of America LE E Attorney for Plaintiff Form 668 (¥)(c) Area: I Serial Number SMALL BUSINESS/SELF EMPLOYED AREA #3 Lien Unit Phone: (412) 395-5265 230292077 As provided by ·action 632 !, 6322, and 6323 of the Internal Revenue Code, we ~re g~vlng · notice that taxes (Including Interest and penalties) have been~assessed ·g·lnst the following-named taxpayer. We have made · demand/*or payment of this liability, hut It remains unp·ld. Therefore, there Is a lien In f·vor of the United States on all property and rights to prol)~rty belonGang to this taxpayer for the amount of these taxes, and _.additional penalties, Interest, and costs th·t may ·ccrue. Name of Taxpayer M~LRETTA C SIMPSON MELRETTA'S COMMERCi 499 Department of The Treasury - internal Revenue Notice of Federal Tax Lien Realdence 914 SPRIN,G CIRCLE MECHANICSBURG, PA 17055 IMPORTANT RELEASE ]NFOI~HATION: For each assessment listed beTow ua(ess notice of the lion Ig rallied by the da~e given in column lei, th;s notice shell, on the day folrow~ng auch date, opere,e as a ca.if cate of release aa defined ~ IRC 632~(a). Tax Period Ending 12/31/1997 12/31/1998 12/31/1996 06/30/1997 03/31/1998 06/30/1998 09/30/1998 12/31/1998 03/31/1999 12/31/1999 06/30/2000 09/30/2000 12/31/2000 03/31/2001 06/30/2001 Identlfyfng Number 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 Dace of Assessment 03/30/1998 08/20/2001 09/22/1997 03/23/i998 06/0i/1998 08/20/2001 08/27/2001 08/20/2001 o5/o8/2ooo 09/24/2001 08/20/2001 08/20/2001 08/20/2001 08/27/2001 10/01/2001 ~i Kind'of Tax 940 940 941 941 941 941 '! ~ Place of Filing .L SERVICE Last Day for Retiring i 09/19/2011, 10/22/2007' o /22/2oo81 07/0112008! 09/i9/201i! 09/26/2011 09/19/2011 06/07/2010 10/24/2011 09/19/2011 09/19/20%1 09/19/2011 09/26/2011 10/31/2011 Pro~honctary Cumberland County Carlisle, PA 17013 Total notice was prepared and signed et PITTSBURGH, PA Unpaid Balance ol' Assessment (f) 83.56 255.64 297.68 1074.73 181.16 3997.51 2814.87 2232.61 511.38 2789.75 19037.93 14999.38 12512.16 5139.31 5831.24 71758.91 , on this, 'the 09th day of Cull; 2002 ! Title I RE VEN~JE OFFICER (717) 221-3490 xl310 23-08-1441 i! em, 668 (Y)(c) ~,res:, '~"'~-'~el Number MALL BUSINESS/SEL~ EMPLOYED AREA ~3 ~ ~ pr~lded ~ section 6~21, 6~22, and 6323 of :he Int.rnal Revenue C~t, wa are gMns a notice that uxfl (Including Interest and penalties) have ~en a~sessad against the foll~ln~-~med ~xpayer. We have made ~ demand f~ pa~ent of this IJablll~, but It remains unpaid. ~erefore, therJ b a Ben In favor of the United S~tes on all proper~ and rights to ~rW h~onSng co this ~xpayer for the amount of these ~x~$, and iddltlonal p~naltles, Inter,st, and costs that may ac~ue. payer MEL,RETTA C SIMPSON MELRETTA'S COMME~CI. Residence Department of the Treasury - Internal Revenue Servlce,~ Notice of Federal Tax Lien 914 SPRING CIRCLE MEC~L~NICSfiURG, PA 17055 I]HPORTANT RELEASI: INFORHATION: For each assessment listed below, un[asa notice of the llen lB refl{ed by the date given in column la), this not~c~ shall, on the clay following such d~te, operate es e certificate of release es defined in IRC IGnd of Tax' 940 Tax ferlcKl Ending ~2/31/2oo0 Identlf./ing Number 23-2624434 23 -2624434 Prothonotary Oamberland County Carlisle, PA 17013 Assessment o~/27/2o~! Place of Filing PITTSBURGN, PA This notice was prepared and signed at the 0~[h day of July 20~2 SERVICE Last Da,/for Retiring ' Totet Unpaid aslant. of Assessment (f) 230.77 1581.62 1812.39 , on this, S,g natu r.e'"'i! Title (~ / ,/~,~,..~,.. ~.~,/~.,,~.~..~, // ~ REVERE OFFICEK 23-08-1441 for D~'~~. fMUDZ-IN "~ (717) 221-3490 x13~0 "-"--'"~--'-'~' Department of the Treasury - Internal Revenue ?o.. ~B (*)(,) J Notice of Federal Tax Lien ~ ...... ~ Area I Serial NumDer ~S~ BUSI.ZSS/SE~' ~.PLO~D ~EA ~3 t - 230300S04 ~ Lien Unit Photos (412 395-5265 ~ -- :---.'~*J ~" sec{lea 6321 6322, and 6323 of the Internal Revenue h~e beea a~e~e4 aplni~ the foll~la~-name~ ~ax~ayer. We have made a d~and for pa~ent of tab Ilablll~, but k remains unpaid. ~erefore, there Is a lien In favor ~ the United SMtes on all proper~ and rights to ~' ptoper~ b~lon~na to this ~xpayer for the amount of the~e taxes, and addklonal penalties, Interest~ and c~ts that may accrue. ~:ii~" MELRETTA~S COMMERCIAL SERVICE Residence 914 SPRING CIRCLE MECHA~ICSBURG, PA 17055 IIHPORTANT RELEASE INFORMATION: For each asea.smear listed below, unless notice of the lien Is refiled by the date given in column (a}. this notice shall. on the day following such date, operate es a certificate of release as dafineci in 1RC 8335{e). Tax Period Date of Last Day for *, Unpaid Balance Kind of Tax Ending Number Assessment Retiring of Assessment 12/31/2001 03/3~/20oo 09/30/2001 12/31/2001 03/31/2002 06/30/2002 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 23-2624434 10/07/2002 08/19/2002 08/19/2002 10/07/2002 08/26/2002 09/30/2002 940 941 941 941 941 941 Prothonotary Cumberland County Carlisle, PA 17013 Place of Filing 09/18/2012 09/18/20121 ;1/o6/2o12 09/25/201~ 10/30/2012 This notice wes prepared and sighed at Tote1 ?52.64 8131,08 5ri53.14 6642.78 3562,!4 1508.64 $ 26450.42 PITTSBURGH, PA : , on this, the 23rd day of January 2003 J "' ':' ;' Department of the Treasury - Internal Revenue ServJc~ ,erin &68 (Y)(c) J J Notice of Federal Tax Lien ~rea: J Serial Number ' For Optional U~s by Recordlnj OffiCe ;~L BUSINESS/SELF EMPLOYED ~EA 93 Unit PbORG: 412) 395-5265 230303086 ' As provldedLby section &321, 6322, and 6323 of :he Internal Revenue Code, we ar9 ~wlnf · notice that taxes (Including' Interest and penalties) have been assessed aplnst the followinf-named taxpayer. We have made a demand f~ payment of thb liability, but It remains unpaid· T~erefore, there Is a lien In favor of the United S~ates on all property and rights to property belon~dnj to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. iNama of Taxpayer MgI.,RETTA C STM?SON 914 SPRING CIR MEC~,ANICSBURG, PA 17055-4054 IMPORTANT RELEASE INFORMATION: Mar each aaea6sment II,tad be ow unJeae noti¢$ of the Ita~ la rallied by the date given in column (e), this notice shall, on the day following such date, operate es a cat, If cate o re ease ae clef ned in IRC 6325(al, ~ Tax Period Dare of Endln! Identifying Number Assessment (b) (c) (d) J09/30/1997 23-2624434 03/10/2003 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 PITTSBURGH, PA 2003 ':~ ~ ,' llth day L ; the of March This notice was prepared and signed at L~st Day for Reft[ins 04/o /20 3 Totat $ Unpaid Baiance of Assessment (0 6504.40 6504.40 __ , on this, for-'Dg~IS'~. ZHUDZIN // (717) 221-3490 ;arm 6&B(Y)(c) (Rmv, 10-00l 499 ' · J Department of the Treasury - Internal Revenue Ser~ce ~m 6am (Y)(c) j j ~.. o.ob., :0oo,, Notice of Federal Tax Lien 7L~. ~ J./J ? .. ~ FL Area: J Serial Number For Opdon.l Use by aac?dm~'0fflce S~L ~USI~SS/S~LF [M~LOYED ~A ~3 ~ ~ ~ ~ t,enUnmtPhone:(4;=) 395-5265 J 23030300~ ~<.~,~ /~.UO ~ provided by section 6321, 6322, and 6323 el the Internal Revenue C~e, we &re lb/lng a notice that taxes (Including Interest and penalties) I~ve been assessed against the following-named taxpayer. We have made a demand ~or payment of this IiablllLy, but It remains unpaid. Therefore, there Is a lien In favor of the United States on all properly and rights to properly belon~ln! to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. Nam~ of TaXpayer MEERIETTA C SIMPSON Residence 914 SPRING CIR MECHANICSBURG, PA 17055-4054 unless notice of the lien ia refUed by the data given in column (e), th(s not[ce shall, oo the day following such date operate eaa cart t cate of release as defined in ~C 6325(eL Kind or' Tax . (,) ~ 941 Place of RJing Tax Period Endln~ o~/~o/~oo~ IdentlflgnI Number 23-2624434 Date of A~sessment (d) _ 12/02/2002 Last Day for : ReflllnK (el 01/01/2013 Prothonotary ToleI Cumberland County Carlisle, PA 17013 F Unpaid Balance of Assessment 1238.18 1238.18 Thie notice was prepared end signed et PITTSBURGt~, PA -' i . , on this, the 10th day of March 2003 ~ ~~ ~/,C'~ ~ ] REVERE OFFICER 23-1!-1441 SHERIFF'S RETURN CASE NO: 2003-02980 P COMMONWEALTH OF PENNSYLVAi~IA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS. SIMPSON MELRETTA C ET AL CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,UNITED STATES OF AMERICA , by United States Certified Mail postage prepaid, on the 30th day of July ,2003 at 0000:00 HOURS, at TENTH & CONSTITUTION AVENUE NW MAIN JUSTICE BLDG ROOM 5111 WASHINGTON DC, 20530 , a true and attested copy of the attached COMPLAINT - MORT FORE Together with , receipt card was signed by ERNEST PARKER 08/05/2003 Additional Comments: The returned on Sheriff's Costs: Docketing 6.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 20.42 Paid by PURCELL KRUG HALLER Sworn and subscribed to before me this ~7~ day of ~,~_~7~ So answ~r - /~ Sheriff of Cumberland County on 08/15/2003 SHERIFF'S RETURN - CASE NO: 2003-02980 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS SIMPSON MELRETTA C ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT UNITED STATES OF AMERICA but was unable to locate Them deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On August 15th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 25.50 .00 50.50 08/15/2003 Sheriff of Cumberland County PURCELL KRUG HALLER Sworn and subscribed to before me this ~fday of ~ A.D. ~ Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-02980 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS SIMPSON MELRETTA C ET AL BRYAN WARD , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SIMPSON MELRETTA C PLAINTIFF , at 1522:00 HOURS, at 914 SPRING CIRCLE MECHANICSBURG, PA 17055 by handing to MARRETTA SIMPSON a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 13th day of Auqust the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this 2J~ day of ~z~othonot ary · __ So Answers: R. Thomas Kline 08/15/2003 PURCELL KRUG HALLER Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:August 5, 2003 at COMPLAINT IN MORTGAGE FORECLOSURE THE UNITED STATES OF AMERICA C/O DAVID BARASCH US ATTORNEY to PATRICIA WISCOUAIT (SEC) of the original COMPLAINT IN MORTGAGE FORECLOSURE to him/her the contents thereof at FEDERAL BUILDING 3 & WALNUT STREETS HARRISBURG, : CENTEX HOME EQUITY COMPANY LLC : THE UNITED STATES OF AMERICA Sheriff's Return No. 2071-T - -2003 OTHER COUNTY NO. 03 2980 3:00PM served the within upon by personally handing 1 true attested copy(les) and making known PA 17108-0000 Sworn and subscribed to before me this 5TH day of AUGUST, 2003 o ;o27 So Answers, Sheriff o~D~uphin County, Pa. Deputy Sheriff Sheriff's Costs: $25.50 PD 08/01/2003 RCPT NO 181363 T FRITZ SHERIFF'S RETURN - REGULAR CASE NO: 2003-02980 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS SIMPSON MELRETTA C ET AL RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WERKING JULIE M DEFENDANT , at 1944:00 HOURS, at 5217 EAST TRINDLE ROAD MECH3tNICSBURG, PA 17055 JULIE WERKING Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 15th day of August # 16 by handing to a true and attested copy of COMPLAINT - MORT FORE the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 22.21 Sworn and Subscribed to before me this 2~ day of So Answers: R. Thomas Kline 08/15/2003 PURCELL KRUG HAI~LER By: ~~D~eriff In The Court of Common Pleas of Cumberland County, Pennsylvania Centex Hcme Equity Cu,,pany LLC VS, Melretta C. Simpson et al SERVE: The United States of America No. 03-2980 civil Now, July 30, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA upon at by handing to a and made known to Affidavii of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed befbre me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA · o'~llglll~an tatum the card to you. B. by~lF~l~ne) C. · A~ ~i, ~ to ~, ~Ck of the maflpi~, ~liv~ ~ on the ~ ~ s~ce ~i~. O. ~d~l? ~Y~ 1. ~ ~ to: ~ YES, ~ delive~ ~ ~: ~No Unit~ Stat~ of ~rica US Att~ey's ~fice T~ & ~ti~tion Avenue ~ ~ J~ti~ Bldg R~ 5111 Wash~ ~ 20530 4, R~ ~ ~ F~) ~ y~ 2.~ ~~ 03-2980 clv~ CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVIL TERM MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) MELRETTA C. SIMPSON AND JULIE M. WERKING for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $47.97 From 12/20/2002 To 06/20/2003 Accumulated Late Charges Late Charges ($75.83 per month to 06/20/2003) 5% Attorney's Commission TOTAL $144,110.90 $9,258.2O $606.64 $7,205.55 $162,092.73 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG .&~~ By ~2~~ Harrisburg, PA 17102 (717) 234-4178 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW AT NO. 03-2980 CIVIL TERM CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT Interest Per diem of $47.97 to sale date Accumulated Late Charges and Late Charges $75.83 per month to sale date Escrow Deficit 5% Attorney's Commission TOTAL WRIT $175,040.59 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: WEDNESDAY, MARCH 03, 2004 $162,092.73 $10,841.22 $606.64 $1,500.00 7,205.55 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: December 2, 2003 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 914 SPRING CIRCLE MECHANICSBURG, PENNSYLVANIA 17055 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL THAT CERTAIN lot, parcel, piece of ground, situate in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Spring Circle, said point being at the dividing line between Lot Nos. 78 and 79 on the hereinafter mentioned Plan of Lots; thence continuing along the eastern line of Spring Circle, North Twelve (12) degrees Fifteen (15) minutes West Forty-four and Fifty-eight hundredths (44.58) feet to a point; thence continuing along the eastern line of Spring Circle on a curve to the right having a radius of Seventy-five (75) feet, an arc length of One Hundred Seventeen and Eighty-one hundredths (117.81) feet to a point on the southern line of Spring Circle; thence continuing along the southern line of Spring Circle, North Seventy-seven (77) degrees Forty-five (45) minutes East, Seventy-five (75) feet to a point at the dividing line between Lot Nos. 70 and 78 on said Plan; thence along said dividing line South Twelve (12) degrees Fifteen (15) minutes East One Hundred Nineteen and Fifty-eight hundredths (119.58) feet to a point at the dividing line between Lot Nos. 78 and 79 n said Plan; thence along said dividing line South Seventy-seven (77) degrees Forty-five (45) minutes West, One Hundred Fifty (150) feet to a point on the eastern line of Spring Circle, THE PLA[CE OF BEGINNING HAVING THEREON ERECTED A DWELLING KNOWN AS 914 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH Jeffrey H. Bingaman and Debra A. Bingaman, by Deed dated 5/21/99 and recorded 5/25/99 in Cumberland County Deed Book 200, Page 122, granted and conveyed unto Melretta C. Simpson and Julie M. Werking. TO BE SOLD AS THE PROPERTY OF MELRETTA C. SIMPSON AND JULIE M. WERKINO ON JUDGMENT NO. 03-2980 CIVIL TERM ASSESSMENT NO. 22-24-0783-121 CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF Vs. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVIL TERM 1N MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this r~'~ay 'Membm, penna~vania Ass~iation ~ Notaflea CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVIL TERM IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on September 11, 2003 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leo Attorney for Plaintiff Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, Plaintiff VS. MELRETTA C. SIMPSON, JULIE M. WERKING AND THE UNITED STATES OF AMERICA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2980 CIVIL TERM CWIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: SEPTEMBER 11, 2003 TO: MELRETTA C. SIMPSON 914 SPRING CIRCLE MECHANICSBURG, PA 17055 JULIE M. WERKING 5217 EAST TRINDLE ROAD APT.# 16 MECHANICSBURG, PA 17055 THIS LAW FIRM IS A DEBT COLLECTOR AND VqE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N 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: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PU~t CELL, KRUG & H~ LEONeP~. HALLER, Attorney for Plffi{ntiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2980 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHEPdFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENEX HOME EQUITY OMPANY, LLC f/k/a CENTEX HOME EQUITY CORPORATION Plaintiff (s) From MELRETTA C. SIMPSON, 914 SPRING CIRCLE, MECHANICSBURG PA 17055 and JULIE M. WERKING, 5217 EAST RINDLE ROAD, APT # 16, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 914 SPRING CIRCLE, MECHANICSBURG PA 17055 (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 fi.om 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 ~'/G,,~6q,~. '7'5 I~.I~. $.50 Interest PER DIEM OF $47~97 TO 3/3/04 -- $10,841.72 At~y's Corem 5% $7,205.55 Due Prothy 1.00 Arty Paid $209.34 Other Costs ACCRUED LATE CHARGES and late charges $75.83 PER MONTH to 3/3/04 = $606.64: ESCROW DEFICIT = $1,500.00: Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Protho~tary BY: /C~ ~JD~e ~p~tt'a~ CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVILTERM MELRETTA C. SIMPSON AND JUL1E M. WERKING, DEFENDANT(S) 1N MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 914 SPRING CIRCLE MECItANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): MELRETTA C. SIMPSON 914 SPRING CIRCLE MECHANICSBURG, PA 17055 JULIE M. WERKING 5217 EAST TRINDLE ROAD APT.//16 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: CSH Industries 203 Lynndale Court Mechanicsburg, PA 17055 Unemployment Compensation Fund 16th Floor, L & I Building Harrisburg, PA 17121 Guard Insurance Group 16 South River Street Wilkes-Barre, PA 18703 Tracy J. Erdossy 211 Maple Avenue Marysville, PA 17053 Pinnacle Health Hospitals P.O. Box 2353 Harrisburg, PA 17105 US Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Attorney's Office 10th & Constitution Avenue, N.W. Main Justice Building, Room 5111 Washington, DC 20530 Assistant U.S. Attorney U.S. Attorney's Office 633 U.S. Post Office and Courthouse Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Jeffrey H, Bingaman 50 Diane Avenue Lititz, PA 17543 Debra A. Bingaman 50 Diane Avenue Lititz, PA 17543 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are ma~g~ubject to the penalties of 18 PA C.S. Section 4904 relating to unsworu falsific~~ pL~ur°cne ~1: HalKrul~r~ HA alilDe ~ # 15700 / 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:December 2, 2003 C'~ O CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO, 03-2980 CIVIL TERM IN MORTGAGEFORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 03, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ora statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 914 SPRING CIRCLE MECHANICSBURG, PENNSYLVANIA 17055 TIlE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-2980 CIVIL TERM JUDGMENT AMOUNT $162,092,73 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MELRETTA C. SIMPSON AND JULIE M. WERKING A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland Cotmty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Peunsylvania 17013 717-243 -9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or fights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North From Street Harrisburg, PA 17102 (717) 234-4178 dj,L. TH.,4T CERT.4.1N lot, parcel, piece of ground, situate in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Spring Circle, said point being at the dividing line between Lot Nos. 78 and 79 on the hereinafter mentioned Plan of Lots; thence continuing along the eastern line of Spring Circle, North Twelve (12) degrees Fifteen (15) minutes West Forty-four and Fifty-eight hundredths (44.58) feet to a point; thence continuing along the eastern line of Spring Circle on a curve to the right having a radius of Seventy-five (75) feet, an are length of One Hundred Seventeen and Eighty-one hundredths (117.81) feet to a point on the southern line of Spring Circle; thence continuing along the southern line of Spring Circle, North Seventy-seven (77) degrees Forty-five (45) minutes East, Seventy-five (75) feet to a point at the dividing line between Lot Nos. 70 and 78 on said Plan; thence along said dividing line South Twelve (12) degrees Fifteen (15) minutes East One Hundred Nineteen and Fifty-eight hundredths (119.58) feet to a point at tile dividing line between Lot Nos. 78 and 79 n said Plan; thence along said dividing line South Seventy-seven (77) degrees Forty-five (45) minutes West, One Hundred Fifty (150) feet to a point on the eastern line of Spring Circle, THI~ PI...4CE OF BEGINNING HAVING THEREON ERECTED A DWELLING KNOWN AS 914 SPR1NG CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH Jeffrey H. Bingaman and Debra A. Bingaman, by Deed dated 5/21/99 and recorded 5/25/99 in Cumberland County Deed Book 200, Page 122, granted and conveyed unto Mel~etta C. Simpson and Julie M. Werking. TO BE SOLD AS THE PROPERTY OF MELRETTA C. SIMPSON AND JULIE M. WERKING ON JUDGMENT NO. 03-2980 CIVIL TERM ASSESSMENT NO, 22-24-0783-121 CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JUL1E M. WERKING, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVIL TERM IN MORTGAGE FORECLOSURE RETURN OF SERVICE _ I hereby certify that I have deposited in the U.S. Mails at Han'isburg, Pennsylvania on [ iq'gq') ~ ,a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P.J3129.1 to ~he Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: MELRETTA C. SIMPSON 914 SPRING CIRCLE MECHANICSBURG, PA 17055 JULIE M. WERKING 5217 EAST TRINDLE ROAD APT.# 16 MECHANICSBURG, PA 17055 Monroe Township Municipal Authority C/O Janes D. Bogar, Esquire & Jennifer B. Hipp, Esquire 1220 Boiling sgzings Road Suite 121 Mechanicsburg, PA 17035 CSH Industries 203 Lyrmdale Court Mechanicsburg, PA 17055 Unemployment Compensation Fund 16m Floor, L & I Building Harrisburg, PA 17121 Guard Insurance Group 16 South River Street Wilkes-Barre, PA 18703 Tracy J. Erdossy 211Maple Avenue Marysville, PA 17053 Pinnacle Health Hospitals P.O. Box 2353 Harrisburg, PA 17105 US Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Attorney's Office 10th & Constitution Avenue, N.W. Main Justice Building, Room 5111 Washington, DC 20530 Assistant U.S. Attorney U.S. Attorney's Office 633 U.S. Post Office and Courthouse Pittsburgh, PA 15219 Jeffrey H. Bingaman 50 Diane Avenue Lititz, PA 17543 Debra A. Bingaman 50 Diane Avenue Lititz, PA 17543 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 By 1719 North Front Stree. t Harrisburg, PA 17102 (717) 234-4178 HOWARD B. KRUG LEON P HALLER JOI~N W PURCELL JR JILLM WINKA BRIAN J TYLER NICNOLE M STALEY O'GORMAN LAW OFFICES 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A GUNNOF COUNSEL MELRETTA C. SIMPSON 914 SPRING CIRCLE MECHANICSBURG, PA 17055 JULIE M. WERKING 5217 EAST TR1NDLE ROAD APT.# 16 MECHANICSBURG, PA 17055 CSH Industries 203 Lynndale Court Mechanicsburg, PA 17055 Unemployment Compensation Fund 16th Floor, L & 1 Building Harrisburg, PA 17121 Guard Insurance Group 16 South River Street Wilkes-Barre, PA 18703 Tracy J. Erdossy 211 Maple Avenue Marysville, PA 17053 Pinnacle Health Hospitals P.O. Box 2353 Harrisburg, PA 17105 US Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Monroe Township Municipal Authority C/O Janes D. Bogar, Esquire & Jennifer B. Hipp, Esquire 1220 Boiling Springs Road Suite 121 Mechanicsburg, PA 17035 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Attorney's Office 10th ~ Constitution Avenue, N.W. Main Justice Building, Room 5111 Washington, DC 20530 Assistant U.S. Attorney U.S. Attorney's Office 633 U.S. Post Office and Courthouse Pittsburgh, PA 15219 Jeffrey H. Bingaman 50 Diane Avenue Lititz, PA 17543 Debra A. Bingaman 50 Diane Avenue Lititz, PA 17543 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest,~-- ~. if any, by being notified of said Sheriffs Sale. ~/-~ CENTEX HOME EQUITY COMPANY, LLC F/ledA CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) 1N THE COUKT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: TIME: Wednesday, March 03, 2004 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together 'with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 914 SPRING CIRCLE MECHANICSBURG, PENNSYLVANIA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-2980 CIVIL TERM JUDGMENT AMOUNT $162,092.73 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MELRETTA C. SIMPSON AND JULIE M. WERKING A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specil~ied herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD~ TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243 -9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or fi>r other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot, parcel, piece of ground, situate in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Spring Circle, said point being at the dividing line between Lot Nos. 78 and 79 on the hereinafter mentioned Plan of Lots; thence continuing along the eastern line of Spring Circle, North Twelve (12) degrees Fifteen (15) minutes West Forty-four and Fifty-eight hundredths (44.58) feet to a point; thence continuing along the eastern line of Spring Circle on a curve to the right having a radius of Seventy-five (75) feet, an are length of One Hundred Seventeen and Eighty-one hundredths (117.81) feet to a point on the southern line of Spring Circle; thence continuing along the southern line of Spring Circle, North Seventy-seven (77) degrees Forty-five (45) minutes East, Seventy-five (75) feet to a point at the dividing line between Lot Nos. 70 and 78 on said Plan; thence along said dividing line South Twelve (12) degrees Fifteen (~t5) minutes East One Hundred Nineteen and Fifty-eight hundredths (I 19.58) feet to a point at the dividing line between Lot Nos. 78 and 79 n said Plan; thence along said dividing line ,South Seventy-seven (77) degrees Forty-five (45) minutes West, One Hundred Fifty (150) feet to a point on the eastern line of Spring Circle, THE PLACE OF BEGINNING HAVING THEREON ERECTED A DWELLING KNOWN AS 914 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH Jeffrey H. Bingaman and Debra A. Bingaman, by Deed dated 5/21/99 and recorded 5/25/99 in Cumberland County Deed Book 200, Page 122, granted and conveyed unto Melretta C. Simpson and Julie M. Werking. TO BE SOLD AS THE PROPERTY OF MELRETTA C. S1MPSON AND JULIE M. WERKING ON JUDGMENT NO. 03-2980 CIVIL TERM ASSESSMENT NO. 22-24-0783-121 CENTEX HOME EQUITY COMPANY, LLC v. MELRETTA C. SIMPSON JUL1E M. WERKING Cumberland County Sale 3/3/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: MELRETTA C. SIMPSON 914 SPRING CIRCLE MECHANICSBURG, PA 17055 Postage: Postmark: Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: JULIE M. WERKING 5217 EAST TRINDLE ROAD APT.# 16 MECHANICSBURG, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 3877) Postage: Postmark: Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: Postmark: $ O0 90° CENTEX HOME EQUITY COMPANY, LLC v. MELRETTA C. SIMPSON IULIE M. WERKING Cumberland County Sale 3/3/2004 U. S. POS___TAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877} Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: CSH Industries 203 Lynndale Court Mechanicsburg, PA 17055 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Ptircell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Unemployment Compensation Fund 16th Floor, L & I Building Harrisburg, PA 17121 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Guard Insurance Group 16 South River Street Wilkes-Barre, PA 18703 Postage; Postmark: CENTEX HOME EQUITY COMPANY, LLC v. MELRETTA C. SIMPSON JULIE M. WERKING Cumberland County Sale 3/3/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Tracy J. Erdossy 211 Maple Avenue Marysville, PA 17053 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Pinnacle Health Hospitals P.O. Box 2353 Harrisburg, PA 17105 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: US Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Postmark: $ 00.90° CENTEX HOME EQUITY COMPANY, LLC v. MELRETTA C. SIMPSON JULIE M. WERKING Cumberland County Sale 3/3/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: U.S. Attorney's Office 10th ~ Constitution Avenue, N.W. Main Justice Building, Room 5111 Washington, DC 20530 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Assistant U.S. Attorney U.S. Attorney's Office 633 U.S. Post Office and Courthouse Pittsburgh, PA 15219 Postage; Postmark: CENTEX HOME EQUITY COMPANY, LLC v. MELRETTA C. SIMPSON JULIE M. WERKING Cumberland County Sale 3/3/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Jeffrey H. Bingaman 50 Diane Avenue Lititz, PA 17543 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3,877} Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Debra A. Bingaman 50 Diane Avenue Lititz, PA 17543 Postage: Postmark: Re: CENTEX V.SIMPSON- CM #7768 CUMBERLAND COUNTY - SALE - 03/03/04 Id. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 38771 Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postage: Postmark: MONROE TOWNSHIP MUNICIPAL AUTHORITY C/O JAMES D. BOGAR, ESQUIRE and JENNIFER B. HIPP, ESQUIRE 1220 BOILING SPRINGS ROAD SUITE 121 MECHANICSBURG, PA 17035 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Centex Home Equity Co is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 3rd day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2980, at the suit of Centex Home Equity Co fka Centex HOme Equity Corp against Melretta C Simpson & Julie M Werking is duly recorded in Sheriff's Deed Book No. 265, Page 4663. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this (~ ~ -'~ day of ~ , A.D2004 J ~/ ~~e-~e~r°fDeeds Centex Home Equity Company, LLC f/k/a Centex Home Equity Corporation VS Melretta C. Simpson and Julie M. Werking In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-.2980 Civil Term Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2003 at 9:17 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Melretta C. Simpson, by making known 'unto Shawn Quoid, adult in charge for defendant, at 914 Spring Circel, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2003 at 6:11 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Julie M. Werking, by making known unto Julie Werking, personally, at 5217 E. Trindle Road, Apt. #16, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 1:42 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofMelretta C. Simpson and Julie M. Werking located at 914 Spring Circle, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly swom according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Melretta C. Simpson, by regular mail to her last known address of 914 Spring Circle, Mechanicsburg, PA 17055. This letter was mailed under the date of January 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Centex Home Equity Company, LLC. It being the highest bid and best price received for the same, Centex Home Equity Company, LLC of 350 Highland Drive, Lewisville, TX 75067, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $907.91. Sheriffs Costs: Docketing $30.00 Poundage 18.19 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 18.63 Levy 15.00 Postpone Sale 20.00 Surcharge 30.00 Law Journal 339.80 Patriot News 270.97 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 907.91 Sworn and subscribed to before me This R$ e day of (~~ ~ro{fiono~ary ~ So Answers: R. Thomas Kline, Sheriff Real Estate(~eputy CENTEX HOME EQUITY COMPANY, LLC F/K/A CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVIL TERM ~O~~ IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, tCrug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following infm~ation concerning the real property located at 914 SPRING CIRCLE MECHANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): MELRETTA C. SIMPSON 914 SPRING CIRCLE MECHANICSBURG, PA 17055 JULIE M. WERKING 5217 EAST TRINDLE ROAD APT.# 16 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: CSH Industries 203 Lynndale Court Mechanicsburg, PA 17055 Unemployment Compensation Fund 16th Floor, L & I Building Harrisburg, PA 17121 Guard Insurance Group 16 South River Street Wilkes-Barre, PA 18703 Tracy J. Erdossy 211 Maple Avenue Marysville, PA 17053 Pinnacle Health Hospitals P.O. Box 2353 Harrisburg, PA 17105 US Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Attorney's Office 10th & Constitution Avenue, N.W. Main Justice Building, Room 5111 Washington, DC 20530 Assistant U.S. Attorney U.S. Attorney's Office 633 U.S. Post Office and Courthouse Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Jeffrey H. Bingaman 50 Diane Avenue Lititz, PA 17543 Debra A. Bingaman 50 Diane Avenue Lititz, PA 17543 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has arty record interest in the property and whose interest may be affected by the sale: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are ma~.9~ubject to the penalties of18 PA C.S. Section 4904 relating to unswom falsificatil~~ ~eon P. Haler pA I.D. #15700 / Purcell, Krug &Haller / 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:December 2, 2003 CENTEX HOME EQUITY CORPORATION, PLAINTIFF VS. MELRETTA C. SIMPSON AND JULIE M. WERKING, DEFENDANT(S) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-2980 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REALL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: TIME: Wednesday, March 03, 2004 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together ,~dth a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 914 SPRING CIRCLE MECHANICSBURG, PENNSYLVANIA 17055 THE JUDGMENT under or pursuant to which your property' is being sold is docketed in the within Commonwealth and County to: No. 03-2980 CIVIL TERM JUDGMENT A2.VIOUNT $162,092.73 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MELRETTA C. SIMPSON AND JULIE M. WERKING A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) clays after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of.the Court of Common Pleas of the within county at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD~ TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from bei:ng taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. .... _.¥O.U SHOULD __TAKE_THIS ~PAP~E1L.TO..¥OUR .LAW~:EK A.T--ONCE.-GO -.T-O- OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 170i3 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or fc,r other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERT.,4IN lot, parcel, piece of ground, situate in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Spring Circle, said point being at the dividing line between Lot Nos. 78 and 79 on the hereinafter mentioned Plan of Lots; thence continuing along the eastern line of Spring Circle, North Twelve (12) degrees Fifteen (15) minutes West Forty-four' and Fifty-.eight hundredths (44.58) feet to a point; thence continuing along the eastern line of Spring Circle on a curve to the rigl~t having a radius of Seventy-five (75) feet, an arc length of One Hundred Seventeen and Eighty-one hundredths (117.81) feet to a point on the southern line of Spring Circle; thence continuing along the southern line of Spring Circle, North Seventy-seven (77) degrees Forty-five 1145) minutes East, Seventy-five (75) feet to a point at the dividing line between Lot Nos. 70.and 78 on said Plan; thence along said dividing line South Twelve (12) degrees Fifteen (15) minutes East One Hundred Nineteen and Fifty-eight hundredths (119.58) feet to a point at the dividing line between Lot Nos. 78 and 79 n said Plan; thence along said dividing line South Seventy-seven (77) degrees Forty-five (45) minutes West, One Hundred Fifty (150) feet to a point on the eastern line of Spring Circle, THE PI..,dCE OF BEGINNING HAVING THEREON ERECTED A DWELLING KNOWN AS 914 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH Jeffrey H. Bingaman and Debra A. Bingaman, by Deed dated 5/21/99 and recorded 5/25/99 in Cumberland County Deed Book 200, Page 122, granted and conveyed unto Melretta C. Simpson and Julie M. Werking. TO BE SOLD AS THE PROPERTY OF MELRETTA C. SIMPSON AND JULIE M. WERKING ON JUDGMENT NO. 03-2980 CIVIL TERM ASSESSMENT NO. 22-24-0783-121 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) 'NO 03-2980 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENEX HOME EQUITY OMPANY, LLC f/k/a CENTEX HOME EQUITY CORPORATION Plaintiff (s) From MELRETTA C. SIMPSON, 914 SPRING CIRCLE, MECHANICSBURG PA 17055 and JULIE M. WERKING, 5217 EAST RINDLE ROAD, APT # 16, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 914 SPRING CIRCLE, MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) nol 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 'g I~, &0 6~,,~, '1 ~ L.L. $.50 Interest PER DIEM OF $4297 TO 3/3/04 = $10,841.72 Atty's Comm 5% $7,205.55 Due Prothy 1.00 Atty Paid $209.34 Other Costs ACCRUED LATE CHARGES and late charges $75.83 PER MONTH to 3/3/04 = $606.64: ESCROW DEFICIT = $1,500.00: Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. 15700 CURTIS R. LONG Protho~tary Real Estate Sale On December 11, 2003 the sheriff levied upon the defendant's interest in the real property situated in ///~/j~f0~ ~F-dTJJrT~ a, Cumberland County, PA Known and numbered as /~4~(~ tCgbOf~more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 11, 2003 By: ,J~ 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 busb~ess 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 201:h 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, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mis.~ellaneous. Book "M", ~.~- Volume 14, Page 317. /~/// // PUBLICATION COPY Sworn to and sub ..~his 23rd day (~eb~2004 A.D. S A L E #70 NotariaI SeaJ ~" .~ · _ .. ~'.~/~.f_ >~, ~,~,c~f~ £~,..~~ ~~~~. ~~ ~s~rg' Uaum~n ~'~Xe~L I y W~,~~ My~~ ~r~J~e 6,~ NOTARY PUBLIC ~ , ~,~~~ commission expires June 6, 2006 ;,~ ~ CUMBERED ~ur~ SHERIFFS OFFICE ; ~,~ ~, CUMBER~D~U~~USE ~. ~C;~~ ~;' CARLISLE, PA. 17013 ' , ..., ~ Statement of Advertising Costs '~ ' :'~:';~ To THE PATRIOT-NEWS CO., Dr. ~ For publishin~ tho notico or publication .~~~,~ horoto on tho abovo statod datos '~,~~~~ lotal $ 270.~7 ~~~~ Publisher's Receipt for Advertising Cost ,~~~~~ f., publisher of The Patriot-News and The Sunda~ Patriot-News, newspapers of general ~ ~ ~ ~ ~ ~, ~ ]e receipt of the aforesaid notice and publication costs and cedifies that the same have 02) ~ (~J) ~,w~ ~ ~a~~~ By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOUll2qAL (Under Act No. 587, approved May 16, 19,.9), 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 cxmrts 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 primed 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 tree. ESTATE SAL~ NO. 70 Writ No. 2003-2980 Civil Centex Home Equity Company, LLC f/k/a Centex Home Equity Corporation vs, Melretta C. Simpson and Julie M. Werking Atty: Leon P. Hailer ALL THAT CERTAIN lot, parcel, piece of ground, situate in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Spring Circle, said point being at the dividing line be- tween Lot Nos. 78 and 79 on the SW~JTO AND SUBSCRIBED before me this 30 day of JANUARY 2004 d LOIS E. ~NYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005