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HomeMy WebLinkAbout07-3500PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 153993 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D7 - 3S'66 eI vt L`T CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 153993 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 153993 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 153993 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 153993 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/22/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1858, Page: 4318. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 153993 6. The following amounts are due on the mortgage: Principal Balance $150,758.32 Interest $4,455.36 11/0 1/2006 through 06/12/2007 (Per Diem $19.89) Attorney's Fees $1,250.00 Cumulative Late Charges $205.15 03/22/2004 to 06/12/2007 Cost of Suit and Title Search 750.00 Subtotal $157,418.83 Escrow Credit ($499.81) Deficit $0.00 Subtotal $499.81 TOTAL $156,919.02 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 153993 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $156,919.02, together with interest from 06/12/2007 at the rate of $19.89 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153993 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, IF ANY. SITUATE IN WESTGATE DEVELOPMENT, South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION Plan FOR PHASE NO. III FOR'WESTGATE' DEVELOPMENT PREPARED BY HARTMAN & ASSOCIATES, A COPY OF WHICH IS RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY IN Plan BOOK VOLUME 81, PAGE 15 ON May 23, 2000, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE AT THE LINE OF Lot NO. 46, SAID POINT BEING LOCATED THE FOLLOWING TWO (2) COURSES FROM THE Northern RIGHT-OF-WAY LINE OF PARKWAY DRIVE; 1) BY A CURVE TO THE RIGHT, HAVING A RADIUS OF TWENTY-FIVE FEET (R=25.00 FEET), AN ARC DISTANCE OF THIRTY-EIGHT AND NINETY-EIGHT HUNDREDTH FEET (A/L=38.98 FEET); 2) North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED FIFTY-EIGHT AND THIRTY-FIVE HUNDREDTH FEET (158.35 FEET); THENCE FROM SAID POINT OF BEGINNING, BY SAID Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE, North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF EIGHTY AND ONE HUNDREDTHS FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 44 North SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS East (N 73 File #: 153993 DEG40 MINUTES 00 SECONDS E), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT; THENCE BY Lot NO. 79 South SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS East (S 16 DEG 20 MINUTES 00 SECONDS E), A DISTANCE OF EIGHTY AND ONE HUNDREDTH FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 46 South SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS West (S 73 DEG 40 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT. THE PLACE OF BEGINNING. SAID TRACT CONTAINS 10,401.30 SQUARE FEET. BEING Lot #45 OF THE FINAL SUBDIVISION Plan OF WESTGATE DEVELOPMENT, MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. EACH Lot IN THIS SUBDIVISION WILL BE LIMITED TO NO MORE THAN 2,015.00 SQUARE FEET OF IMPERVIOUS SURFACE. IF A Lot OWNER DESIRES TO EXCEED THE TOTAL PERMISSIBLE IMPERVIOUS SURFACE THE APPROVAL OF THE BOARD OF SUPERVISORS SHALL BE NECESSARY IN ADDITION TO ANY OTHER APPROVALS WHICH ARE REQUIRED BY LAW. THE TERM'IMPERVIOUS SURFACE' SHALL BE DEFINED AS SET FORTH IN THE SUBDIVISION ORDINANCE OF 1990. THIS RESTRICTION SHALL BE BINDING FOR ALL OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS OF THE APPLICANTS AND EACH Lot OWNER. WITH THE APPURTENANCES THERETO. PARCEL#: 40-12-0340-054 PROPERTY BEING: 104 WESTGATE DRIVE File #: 153993 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ')OPA4." Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: - - U ? V t (-! T (1 W ? I ^l ' ` - - r-n SHERIFF'S RETURN - REGULAR CASE NO: 2007-03500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HASSINGER DOUGLAS L ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HASSINGER VICKI L the DEFENDANT , at 2111:00 HOURS, on the 19th day of June 2007 at 104 WESTGATE DRIVE MT HOLLY SPRINGS, PA 17065 by handing to VICKI HASSINGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 Sc?uq(e 1 16.0 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/05/2007 PHELAN HALLINAN SCHMIEG By: -61 Deputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03500 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HASSINGER DOUGLAS L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT but was unable to locate Him in his bailiwick. /T1 %N? T T TTTT TRl1nm vnu He therefore returns the the within named DEFENDANT 104 WESTGATE DRIVE NOT FOUND , as to HASSINGER DOUGLAS L MT HOLLY SPRINGS, PA 17065 DEFENDANT LIVES IN NORTH CAROLINA. Sheriff's Costs: Docketing 13.00 Service 6.72 Not Found 5.00 Surcharge 10.00 i/64/b1 .00 ?.-? ? 39.72 So answers :? R. Thoma line Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 07/05/2007 Sworn and Subscribed to before me this day of A. D. Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Countrywide Home Loans, Inc. Court of Common Pleas Civil Division VS. Cumberland County Douglas L. Hassinger No. 07-3500-Civil Term Vicki L. Hassinger MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Douglas L. Hassinger, by first class mail and certified mail to the Defendant's last known address, 150 Woodbine Street, Apt. 24A, Kernersville, NC 27284 and mortgaged premises, 104 Westgate Drive, Mount Holly Springs, PA 17065, posting of the mortgaged premises, 104 Westgate Drive, Mount Holly Springs, PA 17065, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 4 1. Attempts to serve Defendant, Douglas L. Hassinger, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 104 Westgate Drive, Mount Holly Springs, PA 17065. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendant lives in North Carolina. 2. Plaintiff, by way of Private Process Server, attempted to serve the Defendant, Douglas L. Hassinger, at 150 Woodbine Street, Apt. 24A, Kernersville, NC 27284. As indicated by the Affidavit of Service attached hereto as Exhibit "B". 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of September 4, 2007, no Judge has previously entered a ruling in this case. 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant(s) on Au,?st 20, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s August 20, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5 6. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of September 4, 2007 to bring loan current. 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, Douglas L. Hassinger but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, P allinan & Schmieg, LLP By: Dame Z . Schmieg, Esquire Attorneys for Plaintiff September 4, 2007 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.rieco@fcdphe.com Countrywide Home Loans, Inc. vs. Douglas L. Hassinger Vicki L. Hassinger Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-3500-Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. 7 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. SgglxAles vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoution of Walk. 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265,(2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", and the Plaintiff's Process Server's Affidavit of service attached hereto as Exhibit "B", service could not be completed. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". 8 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: 'e Esquire Attorney for Plaintiff Date: September 4, 2007 9 g)(kj?* A SHERIPF18 RETURN - NOT FOUND CASE NO: 2007-03500 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HASSINGER DOUGLAS L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HASSINGER DOUGLAS L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , NOT FOUND , as to , HASSINGER DOUGLAS L 104 WESTGATE DRIVE MT HOLLY SPRINGS, PA 17065 DEFENDANT LIVES IN NORTH CAROLINA. Sheriff's Costs: So answers: Docketing 18.00 ?. Service 6.72 Not Found 5.00 R. Thoma -line Surcharge 10.00 Sheriff of Cumberland County .00 39.72 PHELAN HALLINAN SCHMIEG 07/05/2007 Sworn and Subscribed to before me this day of , A.D. E" A, b ; f S AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY (jmr) Countrywide Home Loans, Inc. Plaintiff Vs. Douglas L. Hassinger Vicki L. Hassinger a/k/a Vicki L. Barrick a/k/a Vicki L. Wagner Defendants SERVE AT: 150 Woodbine Street, Apt. 24A Kernersville, NC 27284 TYPE OF ACTION XX Mortgage Foreclosure X X Civil Action NO. 07-2569-Civil Term File Numberl53782 SERVED Served and made known to Douglas L. Hassin„g_er Defendant on the day of 20_, at o'clock, M., at City in the manner described below. Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give namelrelationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, , A Private Process Server and competent adult, being duly sworn according to law, depose and state that I personally handed to a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Description: Age Height Weight Race Sex Other Sworn to and subscribed Before me this day Served Bv: Of , 20_. Notary: NOT SERVED On the &- day of -,TuNr. , 20tA at 10 : t15 o'clock P.M., Defendant NOT FOUND because: Moved Unknown XNo Answer Vacant Other: Sworn to and subscribed Befo nit the day Of , 2001. No B DER-41 v LNOTAIRYPULIC Y, N O M CARp? n E*k" 10/18/2011 SeR4tcG A-M-MPTEP b-s-a0011 (a -9 - 200't b-LI -8=1 - it- Zoo's b - .42 - aeon to:0D6 P^^ 48'.03 PC ^ to%oS Arn V q°i QM dT3y pnn Not Served Bv: A At JUN-) Phelan Hatlinan a Schm , LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 ?-- ? ??' ?, ?? FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 153993 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Douglas L. Hassinger & Vicki L. Hassinger Property Address: 104 Westgate Drive, Mount Holly Springs, PA 17065 Possible Mailing Address: 150 Woodbine Street, Apartment 24A, Kernersville, NC 27284 I, Brendan Booth,' being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Douglas L. Hassinger - xxx-xx-1166 Vicki L. Hassinger - xxx-xx-1312 B. EMPLOYMENT SEARCH Douglas L. Hassinger & Vicki L. Hassinger - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Douglas L. Hassinger & Vicki L. Hassinger reside(s) at. 104 Westgate Drive, Mount Holly Springs, PA 17065. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Douglas L. Hassinger & Vicki L. Hassinger reside(s) at: 104 Westgate Drive, Mount Holly Springs, PA 17065. On 04-27-07 our office made a telephone call to the subjects' phone number (717) 486-8546 and received the following information: disconnected. B. On 04-27-07 our office made several telephone calls to the phone number (336) 655-5254 and received the following information: answering machine. On 04-27-07 our office made several telephone calls to the phone number (717) 323-0050 and received the following information: answering machine. On 04-27-07 our office made a telephone call to the phone number (336) 453- 9283 and received the following information: not in service. III. INQUIRY OF NEIGHBORS On 04-27-07 our office made several phone calls in an attempt to contact Jeffrey Matzner (717) 486- 4759,106 Westgate Drive, Mount Holly Springs, PA 17065: answering machine. On 04-27-07 our office made several phone calls in an attempt to contact Alan & Cecia Bynog (717) 486-3932,108 Westgate Drive, Mount Holly Springs, PA 17065: no answer. On 04-27-07 our office made several phone calls in an attempt to contact V. A. Hart (717) 486-3929, 109 Westgate Drive, Mount Holly Springs, PA 17065: answering machine. On 04-27-07 our office made several phone calls in an attempt to contact Phyllis Hollifield (336) 310-3047,150 Woodbine Street, Kernersville, NC 27284: answering machine. On 04-27-07 our office made several phone calls in an attempt to contact Michael Hauser (336) 996- 7422,150 Woodbine Street, Apartment 47B, Kernersville, NC 27284: no answer. On 04-27-07 our office made several phone calls in an attempt to contact Sharon Martin (336) 310- 3144,150 Woodbine Street, Kernersville, NC 27284: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-27-07 we reviewed the National Address database and found the following information: Douglas L. Hassinger -150 Woodbine Street, Apartment 24A, Kernersville, NC 27284 & Vicki L. Hassinger -104 Westgate Drive, Mount Holly Springs, PA 17065. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 150 Woodbine Street, Apartment 24A, Kemersville, NC 27284. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Douglas L. Hassinger & Vicki L. Hassinger. VI. OTHER INQUIRIES A. DEATH RECORDS As of 04-27-07 Vital Records and all public databases have no death record on file for Douglas L. Hassinger'& Vicki L. Hassinger. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Douglas L. Hassinger & Vicki L. Hassinger residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Douglas L. Hassinger -11-01-1962 Vicki L. Hassinger - 07-05-1960 B. A.K.A. Vicki L. Wagner * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 271h day of April, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit IND & k) 6 + 't) PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail.jason.rieco@fedphe.com Jason Ricco, 1482 Service Department August 20, 2007 Douglas L. Hassinger and Vicki L. Hassinger 104 Westgate Drive Mount Holly Springs, PA 17065 Representing Lenders in Pennsylvania and New Jersey RE: Countrywide Home Loans, Inc. vs. Douglas L. Hassinger and Vicki L. Hassinger Premises Address: 104 Westgate Drive, Mount Holly Springs, PA 17065 Cumberland County, No. 07-3500-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 9/1/07 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 13 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco,1482 Service Department August 20, 2007 Douglas L. Hassinger and Vicki L. Hassinger 150 Woodbine Street, Apt. 24A Kemersville, NC 27284 Representing Lenders in Pennsylvania and New Jersey RE: Countrywide Home Loans, Inc. vs. Douglas L. Hassinger and Vicki L. Hassinger Premises Address: 104 Westgate Drive, Mount Holly Springs, PA 17065 Cumberland County, No. 07-3500-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 9/1/07 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire 1 ?A N o l R r a n A v A N A 0 E r A ul W g-l m _ §1 L R ?, S m_ g ?. H IS g ?3 Ire. s; C r p, p ?O OC V O? to A W N r r r •Z i ? s ? n CO F g x x a9? 64 ? r yr a o? R 2 N tip2 `- g b ?e ??? rrs 02 1M $02-100 0004218010 AUG21 2007 MAILED FROM ZIP CODE 1910 3 R VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff September 4, 2007 10 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Countrywide Home Loans, Inc. Court of Common Pleas Civil Division VS. Cumberland County No. 07-3500-Civil Term Douglas L. Hassinger Vicki L. Hassinger CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Douglas L. Hassinger and Vicki L. Hassinger: 104 Westgate Drive Mount Holly Springs, PA 17065 150 Woodbine Street, Apt. 24A Kernersville, NC 27284 11 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan 'eg, LLP B Daniel 6. 3 c ieg, Esquire Date: September 4, 2007 Attorney for Plaintiff 12 cn v ?c? CAI) l PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE BANK, N.A. Plaintiff VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL, DIVISION CUMBERLAND COUNTY No. 07-3500- Civil Term PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: September 4.2007 P AN HALL7 G, LLP By: + S'. F CIS S. HALL MAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff rmr, Svc Dept. File# 153993 N P Q IPA _ W A COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. DOUGLAS L. HASSINGER, VICKI L. HASSINGER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 07-3500 CIVIL ORDER OF COURT AND NOW, this 10th day of September, 2007, upon consideration of the Plaintiffs Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants, Douglas L. Hassinger and Vicki L. Hassinger, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendants, Douglas L. Hassinger and Vicki L. Hassinger by posting a copy of the Complaint upon the premises located at 104 Westgate Drive, Mount Holly Springs, Pennsylvania, 17065; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known addresses at 104 Westgate Drive, Mount Holly Springs, PA 17065 and 150 Woodbine Street, Apartment 24A, Kernersville, NC 27284; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; i 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants, Douglas L. Hassinger and Vicki L. Hassinger by sending copies of same to Defendants' last known addresses by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, "X\-? ?XA M. L. Ebert, Jr., '0 J. .0aniel G. Schmieg, Esquire Attorney for Plaintiff ?Iouglas L. Hassinger ki L. Hassinger Defendants Cumberland County Sheriff _ ??' Q`lro?or( bas M 0# g0 :g N? ! d3S tl AWIQNC?a ,&& 40 Q PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Countrywide Home Loans, Inc Court Of Common Pleas Civil Division VS. Cumberland County Douglas L. Hassinger Vicki L. Hassinger No. 07-3500 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: ` Hp -V Phelan Hallinan and Schmieg, LLP By Francis S. Hallinan, Esquire Lawrence T. Phelan Daniel G. Schmieg File M 153993 f 7 C ? ma i S ? y ?.aS PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 07-3500 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: September 27, 2007 P N HALLINAN & S nP By: -- F RA IS S. HALLINN, ESQUIRE LA RENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 153993 ' O'o ? CJ QD .v. 7y , PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s) : CUMBERLAND COUNTY NO. 07-3500-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to DOUGLAS L. HASSINGER and VICKI L. HASSINGER at 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065 and 150 WOODBINE STREET, APT. 24A, KERNERSVILLE, NC 27284 on SEPTEMBER 27, 2007, in accordance with the Order of Court dated SEPTEMBER 10, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: September 27, 2007 - FRANCIS S. HALL AN, ESQUIRE Attorney for Plaintiff •7160 3901 4849 6779 5012 TO: DOUGLAS L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 i i SENDER: JMR ! REFERENCE: RETURN Postage j RECEIPT Certified Fee SERVICE Retum Receipt Fee Restricted Delius Total Postage & Fees POS US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Intemafional Mail 7160 3901 9845 2007 25 TO: DOUGLAS L. HASSINGER 150 WOODBINE STREET, A KERNERSVILLE, NC 27284 SENDER: JMR REFERENCE: 7160 3901 4845 2007 2512 TO: VICKI L. HASSINGER ' A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER 104 WESTGATE DRIVE f MOUNT HOLLY SPRINGS, PA 17065 I i SENDER: JMR REFERENCE: i RETURN Postage RECEIPT E Certified Fee RVICE S Return Receipt Fee n nn Restricted Delivery _ Total Postage & Fees I US Postal Service s Receipt for Certified Mail 1 1 No Insurance Coverage Provided ?\ a i 5 Do Not Use for International Mall Do Not Use for Intemational Mall POSTMARK QRT TE 1 RETURN Postage RECEIPT Certified Fee .41 SERVICE - 2.65 Retum Receipt Fee 215 Restricted Delivery Total Postage & Fees i US Postal Service PO DATE Receipt for 14?, Certified Mail No Insurance Coverage Provided Q'(?? L[? -- ------------- - - ----------- -- - -- 7160 3401 9845 2007 2536 To: VICKI L. HASSINGER A/K/A VICKI L. BARRICK A/K/A VICKI L. WAGNER 150 WOODBINE STREET, APT. 24A KERNERSVILLE, NC 27284 SENDER: JMR REFERENCE: Ps Form 3900 Janumv 2005 RETURN Postage I RECEIPT Certified Fee SERVICE Retum Receipt Fee 215 i i Restricted Delivery Total Postage & Fees POS DA US Postal Service Receipt for ' a I g Ve Certified Mail, No D NInsurance ational Mau a`y31N30 N??a i o C°?? ? ?' C ? ---' .? `' ? T -r? y --- •---^ _ .:._? { r?? ?'?. SHERIFF'S RETURN - REGULAR IV CASE NO: 2007-03500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HASSINGER DOUGLAS L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HASSINGER DOUGLAS L the DEFENDANT , at 1836:00 HOURS, on the 4th day of October 2007 at 104 WESTGATE DRIVE MT HOLLY SPRINGS, PA 17065 by hand ng to POSTED PROPERTY AT 104 WESTGATE DR MT HO LY SPRINGS a true and attested copy of COMPLAINT - MORT FOR, together with and at the same time directing His attention to ?he contents thereof. So Answers: 7 Sheriff's Costs: Docketing 18.00 Service 5.76 Posting 6.00 Surcharge 10.00 .00 f el/ g?o ?} 3 9. 7 6 Sworn and Subscibed to before me this day of , x. 'l,nomas &- Line 10/08/2007 PHELAN HALLINAN S HMIEG By : ,v I 9 1 / DBputy Shgi f f A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS HASSINGER DOUGLAS L ET AL GERLAD WORTHINGTON , Sheriff or Deput Sheriff of Cumberland County,Pennsylvania, who being duly sw rn according to law, says, the within COMPLAINT - MORT FORE was s rved upon HASSINGER VICKI L the DEFENDANT , at 1836:00 HOURS, on the 4th d y of October , 2007 at 104 WESTGATE DRIVE MT HOLLY SPRINGS, PA 17065 by hand ing to POSTED PROPERTY AT 104 WESTGATE DR MT HO LY SPRINGS a true and attested copy of COMPLAINT - MORT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Posting 6.00 Surcharge 10.00 R. Thomas Klin:CHMIEG .00 Jnl{9?o1 22.00 10/08,2007 PHELAN HALLINAN Sworn and Subscibed to By: before me this day Deputy Sh if of , A. D. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER ATTORNEY FOR PLAINTIFF : Court Of Common Pleas : Civil Division : CUMBERLAND County : No. 07-3500-CIVIL TERM I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated SEPTEMBER 10, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in C1TMBRRT.AND LAW 101TRNAT. on OC'T01RER 5, 2007 and THE qRN INF.T, on OCTOBER 3, 2007. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn Date: October 26, 2007 JASON RICCO Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising _Manag_er, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) October 03, 2007 'COPY OF NOTICE OF PVBUCATION Affiant -further deposes that he/she- is not interested in the subjee't matter -of the . aforesaid notice or advertisement, and"thk all allegations in the foregoing statement as to time, place and character of publication are true. or141 f 7" 1 Sworn to and subscribed before me this 03rd. day of October, 2007. Notary Pub c My commission expires: ql f /a? COMMONWEALTH OF PENNSYLVANIA Notarial SCI ChnStlna L. Wdbe Notary Pubk Carlisle Bm, Cur toUnd 0=* W Cor VnWiarl Expires Sept. 1, 2008 Member, Pennsylvania Association Or Notaries D GOUTY '4"If1N , 11- 3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 5, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis Marie Coyne, Yditor SWORN TO AND SUBSCRIBED before me this 5 day of October, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 20 10 1 i t1 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-3500-Civil Term Countrywide Home Loans, Inc. vs. Douglas L. Hassinger Vicki I. Hassinger NOTICE TO Douglas L. Hassinger and Vicki 1. Hassinger: You are hereby notified that on June 14, 2007, Plaintiff, Countrywide Home Loans, Inc., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumber- land County Pennsylvania, docketed to No. 07-3500-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 104 Westgate Drive, Mount Holly Springs, PA 17065 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Oct. 5 10 '?? C? ? ? ?:? -_? ---? r. .,, ?. ` ? '= " rF? N -- ? ? _3 .{ ?e 3. '? ?... ^? ww+ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff, DOUGLAS L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3500 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DOUGLAS L. HASSINGER and VICKI L. HASSINGER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the morta ed remis and assess Plaintiffs damages as follows: g g p es, As set forth in Complaint $156,919.02 Interest from 06/13/07 to 11/15/07 TOTAL $3,102.84 $160,021.86 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMI? E S Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDIC A TTT DATE: - - T?? 153993 COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. DOUGLAS L. HASSINGER, VICKI L. HASSINGER, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 07-3500 CIVIL ORDER OF COURT AND NOW, this 10th day of September, 2007, upon consideration of the Plaintiffs Motion for Service Pursuant to Special Order of Court under Pa. R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants, Douglas L. Hassinger and Vicki L. Hassin er unsuccessful, Plaintiffs Motion is GRANTED g have been IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Foreclosure upon Defendants, Douglas L. Hassin Mortgage ger and Vicki L. Hassinger by posting a copy of the Complaint upon the premises located at 104 Westgate Drive Mount Holly Springs, Pennsylvania, 17065; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known addresses at 104 Westgate Drive, Mount Holly Springs, PA 17065 and 150 Woodbine Street, Apartment 24A, Kernersville, NC 27284; 3. That the Plaintiff effect service by publication to include the no in Pa.R.C.P. 430, in a legal journal and news notice prescribed paper of general circulation in Cumberland County, Pennsylvania; 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants, Douglas L. Hassin er and 9 Vicki L. Hassinger by sending copies of same to Defendants' last known addresses by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P Cumberland County, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Daniel G. Schmieg, Esquire Attorney for Plaintiff Douglas L. Hassinger Vicki L. Hassinger Defendants 430, in a legal journal and newspaper of general circulation in Cumberland County Sheriff bas PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Ha ATTORNEY FOR PLAINTIFF llinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 1 S1 5f??_?noo COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants TO: VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: OCTOBER 60 007 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-3500 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 FILL (800)990-9108 CIS S. HALLINAN, eys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hall' ATTORNEY FOR PLAINTIFF ? Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 L2151 5f?_?nnn COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants TO: DOUGLAS L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: oCTogF.R 26, 007 COURT OF COMMON PLEAS CIVIL DIVISION :CUMBERLAND COUNTY :NO. 07-3500 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S. HAI LINAN, ESQUIRE for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hall' ATTORNEY FOR PLAINTIFF man, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 56-A-7nnn COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants TO: DOUGLAS L. HASSINGER 150 WOODBINE STREET, APT 24 A KERNERSVILLE, NC 27284 DATE OF NOTICE: OCTOBER 260 2007 COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY :NO. 07-3500 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 'Y PHELAN HALLINAN & SCHMIEG, LLP BY: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2151 5??_?nno COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants TO: DOUGLAS L. HASSINGER 2070 2-D SAMAT DRIVE HIGH POINT, NC 27265 DATE OF NOTICE: OCTORFR 26, 2007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY :NO. 07-3500 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE' CUNVIBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 r) RANCIS S. HALLINAN, ESQUIRE ttorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE V. Plaintiff, DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3500 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DOUGLAS L. HASSINGER is over 18 years of age and resides at, 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. (c) that defendant VICKI L. HASSINGER is over 18 years of age, and resides at, 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ;DANIEL G. SCHMIEG, ESQ RE 11 Attorney for Plaintiff ° cn _ ,', o . I f (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. . 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Plaintiff, CIVIL DIVISION DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s). NO. 07-3500 Notice is given that a Judgment in the above-captioned matter has been entered against you on IUvc? ?? 2ooT By: k1 D F_ it C>< If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQLARE Attorney for Plaintiff V ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. f t PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, , v. No. 07-3500 DOUGLAS L. HASSINGER , VICKI L. HASSINGER Defendant(s). , TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/16/07 TO 03/05/08 (per diem -$26.30) Add'l Costs TOTAL $160,021.86 $2,919.30 and Costs $2,580.44 $165,521.60 nn_n/1_ DANIEL G. SCHNTIEG, ES( One Penn Center at Suburban 1617 John F. Kennedy Boulei Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. Suite 1400 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153993 >z z ca z 0 H ,z ? w z u ?o w ?a a? A 0 o a? z A ? y '? " V a V >- cc cn C) U-JQ U C.4 008 0000 00 0I'o+n (a- so: C16 o 0 ?O tiD co ai a rv F-? t7 L7 zz a" a as as 00 xx H H zz 00 AA ? HH ? G.7 G7 4° H H ww E ? 00 V U W M a? ? M a 3 a Q cd LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, IF ANY. SITUATE IN WESTGATE DEVELOPMENT, South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION Plan FOR PHASE NO. III FOR 'WESTGATE' DEVELOPMENT PREPARED BY HARTMAN & ASSOCIATES, A COPY OF WHICH IS RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY IN Plan BOOK VOLUME 81, PAGE 15 ON May 23, 2000, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE AT THE LINE OF Lot NO. 46, SAID POINT BEING LOCATED THE FOLLOWING TWO (2) COURSES FROM THE Northern RIGHT-OF-WAY LINE OF PARKWAY DRIVE; 1) BY A CURVE TO THE RIGHT, HAVING A RADIUS OF TWENTY-FIVE FEET (R=25.00 FEET), AN ARC DISTANCE OF THIRTY- EIGHT AND NINETY-EIGHT HUNDREDTH FEET (A/L=38.98 FEET); 2) North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED FIFTY-EIGHT AND THIRTY-FIVE HUNDREDTH FEET (158.35 FEET); THENCE FROM SAID POINT OF BEGINNING, BY SAID Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE, North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF EIGHTY AND ONE HUNDREDTHS FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 44 North SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS East (N 73 DEG40 MINUTES 00 SECONDS E), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT; THENCE BY Lot NO. 79 South SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS East (S 16 DEG 20 MINUTES 00 SECONDS E), A DISTANCE OF EIGHTY AND ONE HUNDREDTH FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 46 South SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS West (S 73 DEG 40 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT. THE PLACE OF BEGINNING. SAID TRACT CONTAINS 10,401.30 SQUARE FEET. BEING Lot #45 OF THE FINAL SUBDIVISION Plan OF WESTGATE DEVELOPMENT, MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. EACH Lot IN THIS SUBDIVISION WILL BE LIMITED TO NO MORE THAN 2,015.00 SQUARE FEET OF IMPERVIOUS SURFACE. IF A Lot OWNER DESIRES TO EXCEED THE TOTAL PERMISSIBLE IMPERVIOUS SURFACE THE APPROVAL OF THE BOARD OF SUPERVISORS SHALL BE NECESSARY IN ADDITION TO ANY OTHER APPROVALS WHICH ARE REQUIRED BY LAW. THE TERM'IMPERVIOUS SURFACE' SHALL BE DEFINED AS SET FORTH IN THE SUBDIVISION ORDINANCE OF 1990. THIS RESTRICTION SHALL BE BINDING FOR ALL OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS OF THE APPLICANTS AND EACH Lot OWNER. WITH THE APPURTENANCES THERETO. Vested by Special Warranty Deed, dated 10/4/2002, given by Kollas and Costopoulos to Douglas L. Hassinger and Vicki L. Hassinger, husband and wife and recorded 10/21/2002 in Book 254 Page 703 Instrument # 2002-042432 D c?UNTY CUmBERLAN COMMON pLEA5 _.,T of ` COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3500 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) Plaintiff in the above action, by its attorney, DANIEL G. was filed the COUNTRYWIDE HOME LOANS INC., is forth as of the date the Praecipe for the Writ of Execution RIVE MOUNT SCHMIEG, ESQUIRE, se located at 104 WESTGATE following information concerning the real property iaii2mGS PA 17065 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address e indicate) be reasonably ascertained, plea DOUGLAS L. HASSINGER VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None •' ---v 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COUNTRY WIDE BANK, N.A. 1199 NORTH FAIRFAX STREET, SUITE 500 ALEXANDRIA, VA 22314 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 15, 2007 DATE Attorney for Plaintiff ? C? G; ..? °' :?... ? ':? ,- ?, ..?- `?). {`a ...G, ,:- "? ? '..? ?-„? '?.. ? ?,,,. ?=..'yds. +?' t...- ..?' d 'Y ..L PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ; Plaintiff, V. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3500 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i fl I i n A ' DAMEL G. SCHMIEG, ES Attorney for Plaintiff ri all LAND CUMBER CGUNTY INC. So. 0j.3500 jW• E LpAN ' YNVIDE lao aintiff CDUNTR P v. 5 L• IIASSINGER 2001 DpUGLA SSINGER November 151 VICKI L. KA Defe°da?tCs,ASSiNGERE 65 VICKIL•ATE DR1?NG5+YA 1?0 104 W;iolltv SP . KASS11vGER 5 ;?6vly's, DEMATION DOUGLATGAM DR VL NGSI 1'106 DEBT AND ANA DIS HARGE I TO 131, TD 104 wts K0j'L SpR1 TO COLLEO USLY OCEI NET B1, CON ' ;?6_0'f A?,I,EMPTINHAVE P 'VIO D SHOULD OPERTY BT COLL1, R OSE. IF Y DUTHIS IS NOT AND AGAINST Pp A IS A D1, R THAT PU AFFIE CEMENT OF A OLLY Spg1N Cumberland 0.00 a•m• moment of **TWI LIB1, US DEBT WAS BUT ONLY ENFOR VE Mpt1?T 11 OBTAINUPTOY AND THI OT A DEBT1 EsTGATE D Rcu 5 2000 c the cOUrt Je ag inst y°uR C P BANKR ATTEMPT TO COLLE at 104 W Sale OnM 13, to enf TnOgage AN l "V AN estate) s 1? 5 IN. the compliance Our house (re" sold at the SheriffC lisle' E j,p) C sale in Y t0 be Street, scheduled utbKan°veT YW1?E QOM be made at sal lls houSe 5o NTR Oun ent w Coin in by CpU ann cem an ?GgTS County 86 Obtained continued' X160 021• sale is cont S R' Zee event the ,rICE 0-F OBE Rule 3129 Np _rniFF'S SPi ABLE 'T C) ?Y BE e lmmealate action: Y . e y°u n'ust tak ents, late ya gal the back Pay" payc this gherlf f s ee much y°u Must T o prevent u pay to the f nano t how celled if y° due. To will be can ey s f ees to strike ° The sale able attorn COUP 1 d reason o asking the c a k the costs an 563-1000' to a petits nY ou may a filing calf 215 sale by "ly entered' le stop the ludgm od acas u impTop You ma?b ab er legal proceedings 2 ?udg t if he s the ale f °r g sale through °th tone, the m' pos pone be able to stop ,,,sale The sooner V obtain a,:, attomey You may also rights how to Ti page two on 3 • to assert y°ur n n attorney ee notice o You may o d ng the sale • S YOU will have of st pp YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, IF ANY. SITUATE IN WESTGATE DEVELOPMENT, South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION Plan FOR PHASE NO. III FOR 'WESTGATE' DEVELOPMENT PREPARED BY HARTMAN & ASSOCIATES, A COPY OF WHICH IS RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY IN Plan BOOK VOLUME 81, PAGE 15 ON May 23, 2000, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE AT THE LINE OF Lot NO. 46, SAID POINT BEING LOCATED THE FOLLOWING TWO (2) COURSES FROM THE Northern RIGHT-OF-WAY LINE OF PARKWAY DRIVE; 1) BY A CURVE TO THE RIGHT, HAVING A RADIUS OF TWENTY-FIVE FEET (R=25.00 FEET), AN ARC DISTANCE OF THIRTY- EIGHT AND NINETY-EIGHT HUNDREDTH FEET (A/L=38.98 FEET); 2) North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED FIFTY-EIGHT AND THIRTY-FIVE HUNDREDTH FEET (158.35 FEET); THENCE FROM SAID POINT OF BEGINNING, BY SAID Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE, North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF EIGHTY AND ONE HUNDREDTHS FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 44 North SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS East (N 73 DEG40 MINUTES 00 SECONDS E), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT; THENCE BY Lot NO. 79 South SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS East (S 16 DEG 20 MINUTES 00 SECONDS E), A DISTANCE OF EIGHTY AND ONE HUNDREDTH FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 46 South SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS West (S 73 DEG 40 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT. THE PLACE OF BEGINNING. SAID TRACT CONTAINS 10,401.30 SQUARE FEET. BEING Lot #45 OF THE FINAL SUBDIVISION Plan OF WESTGATE DEVELOPMENT, MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. EACH Lot IN THIS SUBDIVISION WILL BE LIMITED TO NO MORE THAN 2,015.00 SQUARE FEET OF IMPERVIOUS SURFACE. IF A Lot OWNER DESIRES TO EXCEED THE TOTAL PERMISSIBLE IMPERVIOUS SURFACE THE APPROVAL OF THE BOARD OF SUPERVISORS SHALL BE NECESSARY IN ADDITION TO ANY OTHER APPROVALS WHICH ARE REQUIRED BY LAW. THE TERM'IMPERVIOUS SURFACE' SHALL BE DEFINED AS SET FORTH IN THE SUBDIVISION ORDINANCE OF 1990. THIS RESTRICTION SHALL BE BINDING FOR ALL OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS OF THE APPLICANTS AND EACH Lot OWNER. WITH THE APPURTENANCES THERETO. Vested by Special Warranty Deed, dated 10/4/2002, given by Kollas and Costopoulos to Douglas L. Hassinger and Vicki L. Hassinger, husband and wife and recorded 10/21/2002 in Book 254 Page 703 Instrument # 2002-042432 a imp f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From DOUGLASA L. HASSINGER & VICKI L. HASSINGER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $160,021.86 L.L.$ 0.50 Interest from 11/16/07 to 3/05/08 (per diem - $26.30) -- $2,919.30 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $256.48 Plaintiff Paid Date: 11/16/07 (Seal) REQUESTING PARTY: Other Costs$2,580.44 rothonotaryy By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 `fi pro C?> ?-r? ? STS ? AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF COUNTRYWIDE HOME LOANS, INC. / No. 07-3500 DEFENDANT(S) DOUGLAS L. HASSINGER VICKI L. HASSINGER ACCT. #153993 SERVE VICKI L. HASSINGER AT Type of Action 104 WESTGATE DRIVE - Notice of Sheriffs Sale MOUNT HOLLY SPRINGS, PA 17065 Sale Date: MARCH 5, 2008 SERVED Served and made known to V I C'.K I L- 4A55 11g&F-A , Defendant, on the -61-14 day of D CGM BM 2003, at . 43 o'clock --r-m., at (04- A 3Rfl ST. , BO I LI N 6- 51pp_I M-65 i 1>,4 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 301 Height -51' Weight 170 Race VJ Sex E Other I, _ A-V 4(-D Al W- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. P. 0. 1,30 404 pEFRl 04IDtN7 V,4CA77I-D 5.4. A/ 0V. 01) 07 M6 VI #U (- TO 104 tI ?rA Sj., Sworn to and subscribed ?p1 1 /l{ [, S t N(,5 before me this ,Z7 day 1-7007 of ?f, e- .2007. Notary: ? By: ft4k4 R E ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY Wlgg EM_ 10125I2012 , 200, at o'clock _.in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-I814 (215) 563-7000 Z -71 G- ? rl...J a?, ATP ?lAa1. fm Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3500-CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to DOUGLAS L. HASSINGER on NOVEMBER 16, 2007 at 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065 & 150 WOODBINE STREET, APT. 24A, KERNERSVILLE, NC 27284 in accordance with the Order of Court dated SEPTEMBER 10, 2007. The property was posted on NOVEMBER 25, 2007. Publication was advertised in CUMBERLAND LAW JOURNAL on DECEMBER 7, 2007 & in THE SENTINEL on JANUARY 9, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN I?ALLINAN & SCHMIEG, LLP • By: PIANJIUEL G. S HMI , ESQUIRE Dated: January 31, 2008 7160 39Q.1 98 5 2009 649S i 7160 3901 9645 2009 6501 TO: TO: DOUGLAS L. HASSINGER DOUGLAS L. HASSINGER 150 WOODBINE STREET, APT. 24A . 104 WESTGATE DRIVE KERNERSVILLE, NC 27284 MOUNT HOLLY SPRINGS, PA 17065 l SENDER: TEAM4/PZR i SENDER; TEAM4/PZR REFERENCE: 153993 3 REFERENCE: 153993 HASSINGER , HASSINGER PS 2006 PS Forth 380 0 immim 2006 RETURN POO UP All RETURN PostW RE?IPT RE? - tertllied Fee 2-615 I RECEIPT SERVICE Certllied Fee ' 2.65 Return Receipt Fee }{ Rehxo Receipt Fee Rastrk tad Delivery j ResMded Delivery ! Total Postage & Fees 5.21 i Total Postage & Fees 1 US Postal somiC8 POST1dA /app ., U$ Postal Service Receipt; for ' ? m Receipt for 16 Certified Mail P kl d s a. ti0 Certified Mail I No Ups xwm Ca w e Provided Alt rov a NO kvKxv" Ca4wer 00 Not USN fat Inlsrr>sfional Mal ?? " I 00 Not Use for Irdematloal mall ?ICC? COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. DOUGLAS L. HASSINGER, VICKI L. HASSINGER, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBEhLAND COUNTY, PENNSYLVANIA 07-3500 CIVIL ORDER OF COURT AND NOW, this 10th day of September, 2007, upon consideration of the Plaintiffs Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendants, Douglas L. Hassinger and Vicki L. Hassinger, have been unsuccessful, Plaintiffs Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendants, Douglas L. Hassinger and Vicki L. Hassinger by posting a copy of the Complaint upon the premises located at 104 Westgate Drive, Mount Holly Springs, Pennsylvania, 17065; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known addresses at 104 Westgate Drive, Mount Holly Springs, PA 17065 and 150 Woodbine Street, Apartment 24A, Kemersville, NC 27284; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants, Douglas L. Hassinger and Vicki L. Hassinger by sending copies of same to Defendants' last known addresses by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, ?-XA '0 M. L. Ebert, Jr., J. Daniel G. Schmieg, Esquire Attorney for Plaintiff Douglas L. Hassinger Vicki L. Hassinger Defendants Cumberland County Sheriff bas AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) DOUGLAS L. HASSINGER VICKI L. HASSINGER PLEASE POST HANDBILL OF SALE AT MORTGAGE PREMISES: 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 07-3500 ACCT. #153993 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 SERVED Dsuc-c5 („ 4}?}ssrNF?R Served and made known to Vin ss t gr &EA . Defendant, on the ' 195 day of NO 0 , 2001,, at 10; 06 o'clock -a.m., at 104 1*1 Vk) MOU Art 4 LL-/ Spp (NG-S , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. V Other: P0STfsJE_?ND 61 LL OC- S 4 r, (i-k biop &6c& AF-Amss-> Description: Age Height Weight Race Sex Other I, 'Qe.(u6 Lt- , a competent adult, being duly sworn according to law, depose and state that I personally ) true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned c eon t e datwitSftOdr s above. Sworn to and subscribed NOTARY PUBLIC 0 offore me this Z: da#TATE OF N JERSEY No By: PLEASE A EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?9 ?q a ?S`?_, ?.'i>i ?Taj,_.., ??vj 1..t?+t: ?": "`.f3PYt ?,"p .?4 '?1Ar PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 7, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN-TO AND SUBSCRIBED before me this 7 day of December, 2007 Notary -?? NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 07-3500 Civil COUNTRYWIDE HOME LOANS, INC. VS. VICKI L. HASSINGER DOUGLAS L. HASSINGER NOTICE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VICKI L. HASSINGER, DOUGLAS L. HASSINGER TAKE NOTICE that the real estate located at 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065 is scheduled to be sold at Sheriffs Sale on Wednesday, MARCH 5, 2008 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $160,021.86, obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee). ALL THAT CERTAIN piece or parcel of land with buildings and im- provements thereon erected, if any, situate in Westgate Development, South Middleton Township, Cum- berland County, Commonwealth of Pennsylvania bounded and described in accordance with final subdivision plan for Phase No. III for `Westgate' Development prepared by Hartman & Associates, a copy of which is recorded in the Recorder of Deeds Office of Cumberland County in Plan Book Volume 81, Page 15 on May 23, 2000, bounded and described as follows: BEGINNING at a point on the eastern right-of-way line of Westgate Drive at the line of Lot No. 46, said point being located the following two (2) courses from the northern right- of-way line of Parkway Drive; 1) by a curve to the right, having a radius of twenty-five feet (R=25.00 feet), an arc distance of thirty-eight and ninety- eight hundredth feet (A/L=38.98 feet); 2) North sixteen degrees, twenty min- utes, zero seconds West (N 16 deg 20 minutes 00 seconds W), a distance of one hundred filly-eight and thirty-five hundredth feet (158.35 feet); thence from said point of beginning, by said eastern right-of-way line of Westgate Drive, North sixteen degrees, twenty minutes, zero seconds West (N 16 deg 20 minutes 00 seconds W), a distance of eighty and one hundredths feet (80.01 feet) to a point; thence by Lot No. 44 North seventy-three degrees, forty minutes, zero seconds East (N 73 deg 40 minutes 00 seconds E), a distance of one hundred thirty feet (130.00 feet) to a point; thence by Lot No. 79 South sixteen degrees, twenty minutes, zero seconds East (S 16 deg 20 minutes 00 seconds E), a distance of eighty and one hundredth feet (80.01 feet) to a point; thence by Lot No. 46 South seventy-three degrees, forty minutes, zero seconds West (S 73 deg 40 minutes 00 seconds W), a distance of one hundred thirty feet (130.00 feet) to a point, the place of BEGINNING. SAID TRACT CONTAINS 10,401.30 SQUARE FEET. EACH Lot in this subdivision will be limited to no more than 2,015.00 square feet of impervious surface. If a lot owner desires to exceed the total permissible impervious surface the approval of the Board of Supervisors shall be necessary in addition to any other approvals which are required by law. The term impervious sur- face' shall be defined as set forth in the Subdivision Ordinance of 1990. This restriction shall be binding for all owners, heirs, successors, and assigns of the applicants and each lot owner. CUMBERLAND LAW JOURNAL With the appurtenances thereto. Vested by Special Warranty Deed, dated 10/4/2002, given by Kol- las and Costopoulos to Douglas L. Hassinger and Vicki L. Hassinger, husband and wife and recorded 10/21/2002 in Book 254 Page 703 Instrument #2002-042432. Being Premises 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065 Improvements consist of residen- tial property. Sold as the property of VICKI L. HASSINGER & DOUGLAS L. HAS- SINGER. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on APRIL 7, 2008, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Dec. 7 . I • PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy Whitesel, Classified Advertising Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tanuary 09, 2008 COPY OF NOTICE OF PUBLICATION ??+? ? ifr4MM1 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 09th. day of Tanuary, 2008. Notary Pu c My commission expires: 01611 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ctxisina L. Wolfe, Notary Public Carlisle Boro, CurnberlaiW County My Corrxrtission Expires Sept 1.2008 Member, Pennsylvania Association Of Notaries nr+pRrtn+sIIr Fr?Nrr r 01b?aD AM 4XWAL I fin rr4 r tt ; 0 ° k J Ti L.,S COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. DOUGLAS L. HASSINGER VICKI L. HASSINGER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 07-3500 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. 1Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 29, 2008 DATE DANIEL G. SCHM G, ESQU Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s) CIVIL DIVISION NO. 07-3500 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 104 WF.STGATF DRIVF M01 NT HOLLY SPRINGS, PA 17065. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. Date: January 29, MOR DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in h ahs n of a representative of the plaintiff at the Sheriff c Sale- The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153993 w a w 06 GL C o? yb? U ? d 0« as a ?xa ?Uw;s a? o a a+00-a ? L H ? b z?0 £0 L6 l 3003 dIZ W02l=l a IIVW 8 L OOZ 6 L AON O LOS 4ZO000 VU zo s3Anoa A3Wlld 50 _ ?` ` ' pp .5 V+ •E J? 7 V H C I I g I ? ? I u' ? s W .J u.? o As .? a a x n w 'i ? ? 0 C. o r ? V a N Q Ed? E Ky Q 'pb u `u ? w ° o 0 ? U .r .47 7 ? Q ' 3 v v,?°.m o ? ?' w Vj N L+ ? ? u a i o G u._ ?= 04 o $ $ vFi O GU Q Q o ? .? o ? ? . E p ? C.1 a a '? q O w E N E W En y O y Ej i• r? o 00 M In (Yi en CD l ? i H ? •oa $ Wa ? A ' E ? •? w cw ? W s U A o 3 a ? ua " U Z 0 a ??. as 2d Q Z a W U' i/] U' a W EE* eq a 00 W F r4 E w w 4 WW a z O „? o ° v, a ? w v, H z n EA E, z M ° s p a. o - 3 Ao v1 d A ? c rA W d r W 9 u -° . ? a oo?DOn A 3 xa 040 F'' a ? O x ? a a 5 ? a a ?a V) 00 ' O H E o 0 w o m F z ''? E-+ a W E? ,,a G WW ,.a 0 zW a w '° s 0 Z w ? ?? O O? V3 ? a c 3 a 0 3 0 ?' z H m U W E 0 U'o L1a u WW A .`r'-? x W A x A z V h . L Q O Im T OT ? y r- N M r} kn za O ° a' :i . t CO PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3500 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 14, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on November 16, 2007 in the amount of $160,021.86. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on April 2, 2008. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $150,758.32 Interest Through April 2, 2008 $10,175.82 Per Diem $19.62 Late Charges $123.09 Legal fees $1,985.00 Cost of Suit and Title $2,510.98 Sheriffs Sale Costs $0.00 Property Inspections $450.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,807.21 TOTAL $169,810.42 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 6, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Ebert entered an order for special service dated September 10, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: J10 X CN nich INI. an c ieg, LLP By: Bradf r quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (,215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff VS. Civil Division CUMBERLAND County DOUGLAS L. HASSINGER VICKI L. HASSINGER No. 07-3500 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE DOUGLAS L. HASSINGER and VICKI L. HASSINGER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. vs Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping, Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fewer in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville HamMon Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ?)J 1?1) D Jh i tP By: ele .BradfoAttorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 153993 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 Defendants C7 a O r © n .. Fn rC`. -ri r •? W rt) v{ M ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C?1 _.3s CUMBERLAND COUNTY ATTORNEY FILE COPY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ? . s . r 19C1? within to oL: . si(1d ti+1 n. correct copy of the o cginAl filed of record Filc N: 153993 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 153993 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID, LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE. US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 153993 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Pile #: 153993 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/22/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1858, Page: 4318. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File fl: 153993 6 The following amounts are due on the mortgage: Principal Balance $150,758.32 Interest $4,455.36 11/01/2006 through 06/12/2007 (Per Diem $19.89) Attorney°s Fees $1,250.00 Cumulative Late Charges $205.15 03/22/2004 to 06/12/2007 Cost of Suit and Title Search 750.00 Subtotal $157,418.83 Escrow Credit ($499.81) Deficit $0.00 Subtotal 499.81 TOTAL $156,919.02 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 153993 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $156,919.02, together with interest from 06/12/2007 at the rate of $19.89 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP A I1 w /.n Y By: /s rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File H: 153993 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, IF ANY. SITUATE IN WESTGATE DEVELOPMENT, South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION Plan FOR PHASE NO. III FOR'WESTGATE' DEVELOPMENT PREPARED BY HARTMAN & ASSOCIATES, A COPY OF WHICH IS RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY IN Plan BOOK VOLUME 81, PAGE 15 ON May 23, 2000, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE AT THE LINE OF Lot NO. 46, SAID POINT BEING LOCATED THE FOLLOWING TWO (2) COURSES FROM THE Northern RIGHT-OF-WAY LINE OF PARKWAY DRIVE; 1) BY A CURVE TO THE RIGHT, HAVING A RADIUS OF TWENTY-FIVE FEET (R=25.00 FEET), AN ARC DISTANCE OF THIRTY-EIGHT AND NINETY-EIGHT HUNDREDTH FEET (A/L=38.98 FEET); 2) North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED FIFTY-EIGHT AND THIRTY-FIVE HUNDREDTH FEET (158.35 FEET); THENCE FROM SAID POINT OF BEGINNING, BY SAID Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE, North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF EIGHTY AND ONE HUNDREDTHS FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 44 North SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS East (N 73 File i1: 153993 DEG40 MINUTES 00 SECONDS E), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT; THENCE BY Lot NO. 79 South SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS East (S 16 DEG 20 MINUTES 00 SECONDS E), A DISTANCE OF EIGHTY AND ONE HUNDREDTH FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO, 46 South SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS West (S 73 DEG 40 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT. THE PLACE OF BEGINNING. SAID TRACT CONTAINS 10,401.30 SQUARE FEET. BEING Lot #45 OF THE FINAL SUBDIVISION Plan OF WESTGATE DEVELOPMENT, MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. EACH Lot IN THIS SUBDIVISION WILL BE LIMITED TO NO MORE THAN 2,015.00 SQUARE FEET OF IMPERVIOUS SURFACE. IF A Lot OWNER DESIRES TO EXCEED THE TOTAL PERMISSIBLE IMPERVIOUS SURFACE THE APPROVAL OF THE BOARD OF SUPERVISORS SHALL BE NECESSARY IN ADDITION TO ANY OTHER APPROVALS WHICH ARE REQUIRED BY LAW. THE TERM'IMPERVIOUS SURFACE' SHALL BE DEFINED AS SET FORTH IN THE SUBDIVISION ORDINANCE OF 1990. THIS RESTRICTION SHALL BE BINDING FOR ALL OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS OF THE APPLICANTS AND EACH Lot OWNER. WITH THE APPURTENANCES THERETO. PAR CEL#: 40-12-0340-054 PROPERTY BEING: 104 WESTGATE DRIVE File 0: 153993 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: - - Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, T. NEY F1 Plainh , V. DOUGLAS L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 401., CUMBERLAND COUNTY COktf F COMMON PLEAS n`CIVI c tQW) NO. 07-3500 C ?a 07 ' -? MM IN REM JUDGMENT FOR FAILURE TO?? d ?i *p 1 t TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ilitLA6 L. HASSINGER and VICKI L. HASSINGER, Defendant(s) for failure to file an A per to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 06/13/07 to 11/15/07 TOTAL I esses of the Pla (2) that notice orFlance with Rule $156,919.02 $3,102.84 $160,021.86 ) are as shown above, and DANIEL G. SCHMII Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 153993 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey March 6, 2008 DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 RE: COUNTRYWIDE HOME LOANS, INC. vs. DOUGLAS L. HASSINGER and VICKI L. HASSINGER Premises Address: 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND County CCP, No. 07-3500 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 11, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ai rul *ao el uire Fo r Phelan Hallinan & Schmieg, LLP Enclosure 0 0 a w U Ln dd z .a z .a W x a 0 U a 0 ? L C ? W) = za0 T?'5 - ° S a o ,5 ' 6 ? u N C H • d Q E C V ? ,.NA -A ? e w ti ? ,°? o 0 so ?s L 3000 diz woW (1311ew sooz so ?lvw o Los M7000 m ZO ° ovzo s o s3nnoa AwNiw ® ?Y u ? W y ? DO W W fy _ `? u caw V o g .. u , t ? O w 3 3 ? .0 0 O on g O oN o E .? W W W W u w E- ?CO?a ? ? V1 ? ? Vl ' ? a i p o u v?o HwPa ^O V] d' V] "C3 V) 00 C/) Q ? Q ? x N ? ? x ? m O W a o a° >a > v ' W,U. >1 a w W ? W G? o w ¢¢ ¢ a z' z Q? QQ °a .a 0 ? a o, o ¢ w n. a ?n d .a -- N M rt vl ?.O 1- 00 O, O N M ?Y Yl S 'Ll? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: ?') )A 6 P I' nI i LLP By: chel . B la or d, s ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3500 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 DATE: DOUGLAS L. HASSINGER VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 el Ili cl , LLP By: is le ra ford, re Attorney for Plaintiff --g COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. DOUGLAS L. HASSINGER, VICKI L. HASSINGER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3500 CIVIL ORDER OF COURT AND NOW, this 24th day of March, 2008, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before April 14, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, chele M. Bradford, Esquire Attorney for Plaintiff X /Douglas L. Hassinger Vicki L. Hassinger Defendant bas llv? ?_a v M. L. Ebert, Jr., 0 J. N ji- 31Nl ?O PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants CUMBERLAND County No. 07-3500 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of April 14, 2008 was sent to the following individual on the date indicated below. DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 DOUGLAS L. HASSINGER VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 DATE: a[ ??- 1 6 Wii jEsja By: Attorney for Plaintiff g, LLP e Mhel rd, re r?? " - ?a _. tt ?.a ^M? r+. -?? "" :_, :•, ?., .., T'-. ?_ (f1 ? ? _?{? ? . S f'?w. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3500 MOTION TO MAKE RULE ABSOLUTE COUNTRYWIDE HOME LOANS, INC., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on March 14, 2008. 3. A Rule was entered by the Court on or about March 24, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on March 27, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendants failed to respond or otherwise plead by the Rule Returnable date of April 14, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 15 0U 41 LLP By: IN, MAradfo4d e, e Attorney for P laintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3500 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on March 14, 2008. A Rule was entered by the Court on or about March 24, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on March 27, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 14, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. mieg, LLP DATE: s By: rch e RMBnr?adkrd, squire Attorney for Plaintiff Exhibit "A" COUNTRYWIDE HOME IN THE COURT OF COMMON PLEAS OF LOANS, INC. CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. DOUGLAS L. HASSINGER, VICKI L. HASSINGER, DEFENDANT NO. 07-3500 CIVIL ORDER OF COURT AND NOW, this 24th day of March, 2008, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before April 14, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele M. Bradford, Esquire Attorney for Plaintiff Douglas L. Hassinger Vicki L. Hassinger Defendant M. L. Ebert, Jr., J. bas Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 COUNTRYWIDE HOME LOANS, INCA- Plaintiff ? - Z` "' VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants 0 p u ib i l ATTORNEY FOR PLAIN*F :? Court of Common Pleas Civil Division CUMBERLAND County No. 07-3500 CERTIFICA'. OF SERVICE I hereby certify that a true and cor qq 66py of our Motion to Reassess Damages noting a Rule Return date of April 14, 2.0-0.8 wa;sk'nt to the following individual on the date indicated J:`!} below. DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 DOUGLAS L. HASSINGER VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 a a i eg, LLP DATE: hel M. 13rAdford, Es re Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: 5 el 1 n eg, LLP By Michele M. Bradford, Es ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-3500 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. DOUGLAS L. HASSINGER VICKI L. HASSINGER 150 WOODBINE STREET APT 24A KERNERSVILLE, NC 27284 DATE: I DOUGLAS L. HASSINGER VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 r7r T1#ceg, LLP By: iche e M. Bradford, uire Attorney for Plaintiff r?a lM7 ?.: a i 7 C ?_ r?? ? rt ?1 r -? .. ? _. t ??..? e t * L ?,.xJ APR 1 8 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County DOUGLAS L. HASSINGER VICKI L. HASSINGER No. 07-3500 Defendants S? ORDER AND NOW, this day of PQi %\ , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $150,758.32 Interest Through April 2, 2008 $10,175.82 Per Diem $19.62 Late Charges $123.09 Legal fees $1,985.00 Cost of Suit and Title $2,510.98 Sheriffs Sale Costs $0.00 Property Inspections $450.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 05- ? ? :o, W v ! Z ddv SON Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $3,807.21 $169,810.42 Plus interest from April 2, 2008 through the date of sale at six percent per annum. BY THE COURT - ?.%. -?,- ?A A? -- J. \ IV 153993 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Countrywide Home Loans, Inc. VS Douglas L. Hassinger & Vicki L. Hassinger In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3500 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested a true and correct copy of the original Real Estate Writ, Notice of Sheriffs Sale and Description to the within named defendants, to wit: Douglas L. Hassinger and Vicki L. Hassinger, to their last known address of 5070 Samet Drive, Apt. 2D, High Point, NC 27265. These letters were mailed on January 2, 2008. The return receipt cards were received by the Cumberland County Sheriffs Office on January 7, 2008. They were signed by Randy Alexander, and did not have a date of delivery on them. Michael Barrick Deputy Sheriff, who being duly sworn according to law, states that on January 9, 2008 at 1252 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Douglas L. Hassinger & Vicki L. Hassinger located at 104 Westgate Drive, Mt. Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Douglas L. Hassinger & Vicki L. Hassinger by regular mail to their last known address of 5070 Samet Drive, Apt 2D, High Point, NC 27265. These letters were mailed under the date of January 08, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 27.38 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 6.72 Certified Mail 10.42 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 575.00 Patriot News 613.01 Share of Bills 16.17 $1,396.20 uv?.h 5v Ck 63')v1 J't, 6 F'13o So Answers: R. Thomas Kline, Sheriff a1L? - By- Real state Se eant I . COUNTRYWIDE HOME LOANS, INC.. Plaintiff, V. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3500 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS L. HASSINGER VICKI L. HASSINGER Last Known Address (if address cannot be reasonably ascertained, please indicate) 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 10 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COUNTRY WIDE BANK, N.A. 1199 NORTH FAIRFAX STREET, SUITE 500 ALEXANDRIA, VA 22314 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 15, 2007 DATE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG,?L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-3500 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. DOUGLAS L. HASSINGER VICKI L. HASSINGER Defendant(s). CUMBERLAND COUNTY No. 07-3500 November 15, 2007 TO: DOUGLAS L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 VICKI L. HASSINGER 104 WESTGATE DRIVE MOUNT HOLLY SPRINGS, PA 17065 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 104 WESTGATE DRIVE, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriff s Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $160,021.86 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND WITH BUILDINGS AND IMPROVEMENTS THEREON ERECTED, IF ANY. SITUATE IN WESTGATE DEVELOPMENT, South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION Plan FOR PHASE NO. III FOR 'WESTGATE' DEVELOPMENT PREPARED BY HARTMAN & ASSOCIATES, A COPY OF WHICH IS RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY IN Plan BOOK VOLUME 81, PAGE 15 ON May 23, 2000, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE AT THE LINE OF Lot NO. 46, SAID POINT BEING LOCATED THE FOLLOWING TWO (2) COURSES FROM THE Northern RIGHT-OF-WAY LINE OF PARKWAY DRIVE; 1) BY A CURVE TO THE RIGHT, HAVING A RADIUS OF TWENTY-FIVE FEET (11=25.00 FEET), AN ARC DISTANCE OF THIRTY- EIGHT AND NINETY-EIGHT HUNDREDTH FEET (A/L=38.98 FEET); 2) North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED FIFTY-EIGHT AND THIRTY-FIVE HUNDREDTH FEET (158.35 FEET); THENCE FROM SAID POINT OF BEGINNING, BY SAID Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE, North SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS West (N 16 DEG 20 MINUTES 00 SECONDS W), A DISTANCE OF EIGHTY AND ONE HUNDREDTHS FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 44 North SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS East (N 73 DEG40 MINUTES 00 SECONDS E), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT; THENCE BY Lot NO. 79 South SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS East (S 16 DEG 20 MINUTES 00 SECONDS E), A DISTANCE OF EIGHTY AND ONE HUNDREDTH FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 46 South SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS West (S 73 DEG 40 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT. THE PLACE OF BEGINNING. SAID TRACT CONTAINS 10,401.30 SQUARE FEET. BEING Lot #45 OF THE FINAL SUBDIVISION Plan OF WESTGATE DEVELOPMENT, MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. EACH Lot IN THIS SUBDIVISION WILL BE LIMITED TO NO MORE THAN 2,015.00 SQUARE FEET OF IMPERVIOUS SURFACE. IF A Lot OWNER DESIRES TO EXCEED THE TOTAL PERMISSIBLE IMPERVIOUS SURFACE THE APPROVAL OF THE BOARD OF SUPERVISORS SHALL BE NECESSARY IN ADDITION TO ANY OTHER APPROVALS WHICH ARE REQUIRED BY LAW. THE TERM'IMPERVIOUS SURFACE' SHALL BE DEFINED AS SET FORTH IN THE SUBDIVISION ORDINANCE OF 1990. THIS RESTRICTION SHALL BE BINDING FOR ALL OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS OF THE APPLICANTS AND EACH Lot OWNER. WITH THE APPURTENANCES THERETO. Vested by Special Warranty Deed, dated 10/4/2002, given by Kollas and Costopoulos to Douglas L. Hassinger and Vicki L. Hassinger, husband and wife and recorded 10/21/2002 in Book 254 Page 703 Instrument # 2002-042432 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From DOUGLASA L. HASSINGER & VICKI L. HASSINGER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from. paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $160,021.86 L.L.$ 0.50 Interest from 11/16/07 to 3/05/08 (per diem - $26.30) -- $2,919.30 and Costs Atty's Comm % Atty Paid $253.98 Plaintiff Paid Date: 11/16/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs$2,580.44 Prothonotary By: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Deputy Real Estate Sale #54 On November 27, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 104 Westgate Drive, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 27, 2007 By• J Real Esta Sergeant 60 GT . The Patriot-News Co. . 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE cue PaftlotivNews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran or! the date(s) shown below: 01/30/08 02106/08 02/13108 12008 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie ? Km*r, Notary Public Cky O/ Harrisl urg Dauphin County ?' ?30res Nov. 28, 2011 MOMber, Pennsylvania Association of Notaries RM EiTATE ;KALE "a 54 W f t Ns. XW 09 OW Twm Coun6yw 1loanl/ Loans, Me. Y$ DQU91M L_ !(apis W ww Vk m L 11sssa w AUwnsy Gomm am 0 1.9 ALL THAT CERTASN MCE OA A411CBt. OF LAND WITH BUILDINGS AND BMPROVEMENTS TH8 BON EREC= IF ANY. Az$ w warAm 9eatlt It?LBt(>?N CM00M ALIR OF PENNSYLVANIA BOUNDED AND DESCRIBED IN ACCORDANCE WITH FINAL SUBDIVISION Plan FOR PHASE NO. III FOR `WESfGAIF DEVELOPMENT PREPARED BY HARTIIMM & ASSOCIATES, A COPY OF WHICH IS RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY IN Plan BOOK VOLUME 81, PAGE 15 ON May 23, 200, BOUNDED AND DESCRIBEDAS FOUgWS: BEGINNING AT A POINT ON THE Eastern RIGHT-OF-WAY LINE OF WESTGATE DRIVE AT THE LINE OF Lot NO 46, SAID POINT BEING LOCAIF.D THE FOLLOWING TWO (2) COURSES FROM THE Northern RIGHT-OF-WAY LINE OF PARKWAY DRIVE; 1) BY A CURVE TO THE RIGHT HAVING A RADIUS OF TWENTY-FIVE FEET (R=25A0 FEED, AN ARC DISTANCE OF THIRTY-EIGHT AND NINETY--EIGHT HUNDREDTH FEET (M--M.98 FEET); 2) North Dnm N DEGREES, TWENTY MINUTES, ZERO SECONDS West (N i6 DEG 20 MINUTES 00 SBCOIND6 W), A DISTANCE OF ONE HUNDRED FWTY-111 AND 'ff=TY-PtVE HIIWtFD1lI FEET (158.35 FEET); THWCE PROM SIB) POW OF BEGINNING, BY SAID Faaten RXW-OF WKY LINE OF WEMME DRIVE, Notth SIXTEEN DEGREES, TWENTY M LUTES, ZERO SECONDS West (N 16 DEG 20 M NUTES 00 SECONDS W), A DISTANCE OF EIGHTY AND ONE HUNDREDTHS FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO. 44 Na th SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS East (N 73 DEG 40 MINUTES 00 SECONDS E), A DISTANCE OF ONE HUNDRED nWY FEET (130.00 FEED) TO A POINT; THENCE BY Lot NO. 79 South SIXTEEN DEGREES, TWENTY MINUTES, ZERO SECONDS East (S 16 DEG 20 MINUTES 00 SECONDS E), A DISTANCE OF EIGHTY AND ONE HUNDREDTH FEET (80.01 FEET) TO A POINT; THENCE BY Lot NO 46 South SEVENTY-THREE DEGREES, FORTY MINUTES, ZERO SECONDS West (S 73 DEG 40 MINUTES 00 SECONDS W), A DISTANCE OF ONE HUNDRED THIRTY FEET (130.00 FEET) TO A POINT. THE PLACE OF BEGINNING. SAID TRACT CONTAINS 10,401.30 SQUARE FEET BEING Lot #45 OF THE FINAL SUBDIVISION Pin OF IVES GiiK1E DEVIIAPMENT MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. EACH Lot IN THIS SUBDIVISION WILL BE UWTED TO NO MORE THAN 2,015.00 SQUARE FEET OF IMPERVIOUS SURFACE. IF A Lot OWNER DESIRES TO EXCEED THE TOTAL PERMGSSIBLE IMPERVIOUS SURFACE THE APPROVAL OF THE BOARD OF SUPERVISORS SHALL BE NECESSARY IN ADDITION TO ANY OTHER APPROVALS WHICH ARE REQUIRED BY LAW. THE TERM `IMMVIOUS SURFACE' SHALL BE DEFINED AS SET FORTH IN THE SUBDIVISION ORDINANCE OF 1990. THIS RESTRICTION SHALL BE BINDING FOR ALL OWNERS, HERS, SUCCESSORS, AND ASSIGNS OF THE APPLICANTS AND EACH 11ti11lfllt(t Wftd by SpW Wamaty Dn4 MW IIHW 2m, On by luaus and Caa vaadn 4 Douglas L, Hassi w and PKti L. N husband and vi* and W=ded 10I2LM in Book 254PW 703lnstrnmern42002-042432 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOWIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expkes Apr 28, 2010 } aa? MU WTATZ "L c M. 54 Writ No. 2007-3500 Civil Countrywide Home Loans, Inc. vs. Douglas L. Hassinger and Vicki L. Hassinger Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land with buildings and im- provements thereon erected, if any, situate in Westgate Development, South Middleton Township, Cum- berland County, Commonwealth of Pennsylvania bounded and described in accordance with Final Subdivision Plan for Phase No. III for Westgate' Development prepared by Hartman & Associates, a copy of which is!` recorded in the Recorder of Deeds Office of Cumberland County in Plan Book Volume 81, Page 15 on May 23, 2000, bounded and described as follows: BEGINNING at a point on the eastern right-of-way line of Westgate Drive at the line of Lot No. 46, said point being located the following two (2) courses from the northern right-of-way line of Parkway Drive; 1) by a curve to the right, having a radius of twenty-five feet (R=25.00 feet), an are distance of thirty-eight and ninety-eight hundredth feet (A/ L=38.98 feet); 2) North sixteen de- grees, twenty minutes, zero seconds West (N 16 deg 20 minutes 00 sec- onds W), a distance of one hundred fifty-C*ht and thirty-five hundredth feet (1511.35 feet); thence from said point of beginning, by said eastern right-of-way line of Westgate Drive, North sixteen degrees, twenty min- utes, zero seconds West (N 16 deg 20 minutes 00 seconds W), a distance of eighty and one hundredths feet (80.01 feet) to a point; thence by Lot No. 44 North seventy-three degrees, forty minutes, zero seconds East (N 73 deg 40 minutes 00 seconds E), a distance of one hundred thirty feet (130.00 feet) to a point; thence by Lot No. 79 South sixteen degrees, twenty minutes, zero seconds East (S 16 deg 20 minutes 00 seconds E), a distance of eighty and one hundredth feet (80.01 feet) to a point; thence by Lot No. 46 South seventy-three degrees, forty minutes, zero seconds West (S 73 deg 40 minutes 00 seconds W), a distance of one hundred thirty feet (130.00 feet) to a point, the place of Beginning. SAID TRACT CONTAINS 10,401.30 SQUARE FEET. BEING Lot #45 of the Final Sub- division Plan of Westgate Develop- ment, Mt. Holly Springs, Cumberland County, Pennsylvania. EACH Lot in this subdivision will be limited to no more than 2,015.00 square feet of impervious surface. If a lot owner desires to exceed the total permissible impervious surface the approval of the Board of Supervisors shall be necessary in addition to any other approvals which are required by law. The term `impervious sur- face' shall be defined as set forth in the subdivision ordinance of 1990. This restriction shall be binding for all owners, heirs, successors, and assigns of the applicants and each lot owner. WITH THE APPURTENANCES THERETO. Vested by Special Warranty Deed, dated 10/4/2002, given by Kol- las and Costopoulos to Douglas L. Hassinger and Vicki L. Hassinger, husband and wife and recorded 10/21/2002 in Book 254 Page 703 Instrument # 2002-042432.