Loading...
HomeMy WebLinkAbout07-5610PHELAN 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 161366 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 67- S!wp Civil Term V. CUMBERLAND COUNTY RHETT L. HEFELFINGER 304 EAST LOUTHER STREET CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 161366 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 #: 161366 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 #: 161366 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 #: 161366 Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: RHETT L. HEFELFINGER 304 EAST LOUTHER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/17/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST NATIONAL BANK OF ARIZONA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1959, Page: 2450. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); 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 05/01/2007 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 #: 161366 6. The following amounts are due on the mortgage: Principal Balance $29,881.73 Interest $1,371.12 04/01/2007 through 09/21/2007 (Per Diem $7.88) Attorney's Fees $1,250.00 Cumulative Late Charges $51.00 07/17/2006 to 09/21/2007 Cost of Suit and Title Search 550.00 Subtotal $33,103.85 Escrow Credit $0.00 Deficit $884.32 Subtotal 884.32 TOTAL $33,988.17 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 161366 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $33,988.17, together with interest from 09/21/2007 at the rate of $7.88 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 By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 161366 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by property formerly of Charles Sharpley, now or formerly of Kathleen Minnich, on the South by an alley; on the West by property formerly of Mrs. Susan Swom, now or formerly of Arthur Martin; and on the North by East Louther Street; Containing 15 feet, more or less, on said East Louther Street and 197 feet, more or less, in depth to said alley. BEING PARCEL NO. 02-21-0318-329 304 EAST LOUTHER STREET, CARLISLE, PA 17013 File #: 161366 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: J -p D A C r; s_` Ga fV cn cn -Plf ?a SHERIFF'S RETURN - REGULAR CASE NO: 2007-05610 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS HEFELFINGER RHETT L JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HEFELFINGER RHETT L was served upon the DEFENDANT , at 0920:00 HOURS, on the 8th day of October , 2007 at 304 EAST LOUTHER STREET CARLISLE, PA 17013 by handing to RHETT HEFELFINGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit 18.00 4.80 .00 So Answers: Surcharge 10.00 „n R. Thomas Kline IoI31/?j9 4-7?h v' 32.80 10/09/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day e ty Sheriff of A.D. v 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. RHETT L. HEFELFINGER 304 EAST LOUTHER STREET CARLISLE, PA 17013 Defendant(s). NO. 07-5610 CIVIL TERM 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 RHETT L. HEFELFINGER and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/22/07 to 1/23/08 TOTAL $33,988.17 $977.12 $34,965.29 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRG' ROTH 161366 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. RHETT L. HEFELFINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5610 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RHETT L. HEFELFINGER is over 18 years of age and resides at, 304 EAST LOUTHER STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP ,to By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY RHETT L. HEFELFINGER Defendant : NO. 07-5610-CIVIL TERM TO: RHETT L. HEFELFINGER 304 EAST LOUTHER STREET CARLISLE, PA 17013 f r3 1 DATE OF NOTICE: DECEMBER 27, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 4"L-_ F S'vz' -' NCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff r 1? l cyj •?? ..? .1 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5610 CIVIL TERM RHETT L. HEFELFINGER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on n A 200&. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIkE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." P PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. No. 07-5610 CIVIL TERM RHETT L. HEFELFINGER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/24/08 TO 6/11/08 (per diem -$5.75) Add'1 Costs TOTAL $34,965.29 $805.00 and Costs $1,956.50 $37,726.79 D IEL G. SCHMIEG, ESQLTIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not.be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 161366 M ti O n ti a w a w? U o? z z ? w? o ? r w H a? W W c" a?i d w a Oz ?&OD w a wa za > ? w ? ° ? M Hv H? a x Oa? Z? W w o ? c a Q R s qu, 4Z 0 7- 00 O U' f?" ?' a 0 o° o d C- U U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION RHETT L. HEFELFINGER , NO. 07-5610 CIVIL TERM Defendant(s). , AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, 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 ,304 EAST LOUTHER STREET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RHETT L. HEFELFINGER 304 EAST LOUTHER STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 304 EAST LOUTHER STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 23, 2008 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff f ?? ,.. r"_: l '....? ? t ? .a iF t'. 7 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 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. RHETT L. HEFELFINGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5610 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff f '?, '? -_7 ? __ ?. ,' _, ? ? -,.. - - l, _ r?.? ,. f .. e' /L U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. RHETT L. HEFELFINGER Defendant(s). CUMBERLAND COUNTY No. 07-5610 CIVIL TERM January 23, 2008 TO: RHETT L. HEFELFINGER 304 EAST LOUTHER STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY." Your house (real estate) at, 304 EAST LOUTHER STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 34$ ,965.29 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE (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 0 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 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 lot of ground situated in The Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by property formerly of Charles Shapley, now or formerly of Kathleen Minnich, on the South by an alley; on the West by property formerly of Mrs. Susan Shrom, now or formerly of Arthur Martin; and on the North by East Louther Street; Containing 15 feet, more or less, on said East Louther Street and 197 feet, more or less, in depth to said alley. TITLE TO SAID PREMISES IS VESTED IN Rhett L. Hefelfinger, a single man, by Deed from Rhett L. Hefelfinger and Kelly L. Hefelfinger, n/k/a, Kelly L. Perez, formerly husband and wife, dated 07/17/2006, recorded 07/24/2006, in Deed Book 275, page 4029. PREMISES BEING: 304 EAST LOUTHER STREET CARLISLE, PA 17013 PARCEL NO. 02-21-0318-329 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5610 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee, Plaintiff (s) From RHETT L. HEFELFINGER (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 $34,965.29 L.L.$ 0.50 Interest from 1/24/08 to 6/11/08 ( per diem - $5.75) -- $805.00 Atty's Comm % Due Prothy $2.00 Atty Paid $151.80 Plaintiff Paid Date: //a9/09 (Seal) Other Costs $1,956.50 / 9-2 Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE -- CUMBERLAND COUNTY PLAINTIFF U.S. BANK NATIONAL ASSOCIATION AS / No. 07-5610 CIVIL TERM DEFENDANT(S) RHETT L. HEFELFINGER ACCT. #161366 SERVE RHETT L. HEFELFINGER AT: Type of Action 304 EAST LOUTHER STREET - Notice of Sheriff's Sale CARLISLE, PA 17013 Sale Date: JUNE 11, 2008 SERVED Served and made known to Ft-Fi N&ER kF Defendant , on the 4+t, day of F-A"v 002, at 6, 44, o'clock -F.m., at Z 0Q - aSCf Ltti ST2 s ?FJi' `", l (SL Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3? _QS Height ?Weight 9? Race 14 Sex M Other I, AD?J) /1440 "- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 4 day of E±-B2008. pa"D JIV4 Notary: / By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED STATF, OF NEW JERSEY On the - Oi?Ilf 6W EXP1RES'I$/25t2???-, at o'clock _ m., Defendant NOT FOUND because: mv_? 31 Moved Unknown No Answer I" Attempt: Time: 3rd Attempt: i I Time: Sworn to and subscribed before me this day of 200-. Notary: Vacant 2"d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 7, ? rz to ? 4 _ r" EP _s . ? t='= - 'ti.: ? , ?.; ? w SALE DATE: JUNE 11, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE No.: 07-5610 CIVIL TERM VS. RHETT L. HEFELFINGER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 304 EAST LOUTHER STREET CARLISLE; PA 17013. As required by Pa. R.C.P. )129?(a) Notice o! dale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. May 5, 2008 DAI`IIJ, SCI-IMIEG, ES Attorney for Plaintiff , . U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION RHETT L. HEFELFINGER NO. 07-5610 CIVIL TERM Defendant(s). , Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, 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 04 EAST LOUTHER STREET, CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RHETT L. HEFELFINGER 304 MAST LOUTHER STREET CARLISLE, 1'A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably asc?_ rtained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known p 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 r?asc??abl??rtained, 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 i,ast Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Borough of Carlisle 304 EAST LOUTHER STREET C^RLT?f.? . PA 17013 l? Nor1,- 17'!nover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept 25061 Harrisburg, PA 17128 12'" F!?;:u, "Mite 1300 l ("' I U' Avenue 'A 15222 P.O. Box x '6 Willow Oalc Building l larrisburg, PA 17105 c z W. c,,., f 1, St. C:rlisle, 1';1 17013 I verify that the statements made in this affidavit are true <)!id correct to the best of my personal knov:!,:dge or information and belief. I understand tl:: 1u!: ;.ents herein are made subject to the p?na!ties of 18 Pa. C.S. Sec. 4904 relating to unsworn to authorities. L/hv 5. 2008 DATE DAN I I;L G. MIEG, ESQUI Attorney for Plaintiff W w w O x a; C) ri ? oG7? lu ICY ? 0 00 0 G7 "d ? ??Ca U w •? r4 eo 4 £ 0 L 6 l 3000 d!Z W083 0311VW _ 8002 8Z NVr 00t •zo $ 0 L08 Lwb0Z0q 5??9 A3N1ld pp C `7b??rJ S??y`s O a d a ' a ? w E E ? ?G o k s z C z W coo W i H a. a QUO°Hw -Qa W3zp p z Uu 2 0 i IUMU 0a Z d v C 's g "a Q b zoo ? N Q _O • t-? _ ? O > O A «S C> O U ? 00 w 3 o 0 0 ?x > Gq o E 00 N >q 45 w O N Q?p 4r pp GIN Q ,,? 00 C7 U ?D OU a p. 0 r n a i Wz c ¢ o r, I '- I vi 0 CO--j 04 W O a O akn O ?Q Wa ?x U p., b cri? U O a 0 000 00 O v 'U a a: 110 M A? W U CIO a U w u •? A °- u 5?v o A ?.9 s C °e ° Eli x x v o 4 v O ° u vo 0 4 N O o ?? E g? d ? v v $ ° 'Em x s D W '? v u 240 v h ? c B V Q .. . y 'C VVV ? o " b vii C w - o a 0o ?a ° u ? o a ?$?wa c a 0 a ? u 10 0 a°w W a v o? zv Ha I i i ro ? \p 00 O N m z `a U 0 a O_ U ?00 ¢?,?Mo (U u, CT O V ? zoo C L E U O .41 H 8 F E 9 d 0 £0 L6 t 3000d1Z WONJ (1311VUy 80OZ 40J.M 0408LZb00o 090' 0 $ m z o P 3M OR A3Nlfd .C Y z Naod sd'? a° C .? H o A V ? •N O 3 A Q ?] z C? v? U d .a E z a? Q w ll a. ao R,? 0 H V 'O t e "vi 'O {G-XII E'Z 7 U H E ?W,o v u u j, a i0 E v?vv E y EW E °1 •o .o Nr$ y _ F 00 h O ?5,? aci .,ti. u W G °= A .a ? v o°o0 0 C 2,20 O W fF1 .r ^ O O O g a Ep ?n "'? id ttl c $ w w ? 2i?N ?p s v y h °` M F ss CG .-y z :s ? o U a v 6: (n U a yT U o E aw LLB W z a v ap 0 a va Ha .2 N V W z; t Q=M cn V'1 1p 00 01 ?a COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which U S BANK N A TR is the grantee the same having been sold to said grantee on the 1 ST day of OCT A.D., 2008, under and by virtue of a writ Execution issued on the 29TH day of JAN, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5610, at the suit of U S BANK N A TR against RHETT HEFELFINGER is duly recorded as Instrument Number 200834667. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?a day of j t-?- , A.D. aDD n of Deeds Reowdor of &-ads, Cumberland County, Car &, PA My Comrniesion Expires ft Fiat Monday of Jan. 2010 U.S. Bank National Association as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Rhett L. Hefelfinger Writ No. 2007-5610 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on February 19, 2008 at 1633 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Rhett L. Hefelfinger, by making known unto Rhett Hefelfinger personally at 304 E. Louther St., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1505 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 Rhett L. Hefelfinger located at 304 E. Louther St., Carlisle, 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: Rhett L. Hefelfinger by regular mail to his last known address of 304 W. Louther Street, Carlisle, PA 17013. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 1, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of U.S. Bank National Association as Trustee. It being the highest bid and best price received for the same, U.S. Bank National Association as Trustee, of 1100 Virginia Drive, Fort Washington, PA 19034, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $941.62. Sheriffs Costs: Docketing $30.00 Poundage 18.46 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 Law Journal 355.00 Patriot News 273.83 Share of Bills 14.73 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $ 941.62 I olkalbf 41 Ck- 4(,,? ps 12 alG)va So veers: 100-00 R. Thomas Kline, Sheriff 9 BY ?.??G 'h Real Estate rgeant ?r U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. RHETT L. HEFELFINGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5610 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 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 ,304 EAST LOUTHER STREET. CARLISLE. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name RHETT L. HEFELFINGER Last Known Address (if address cannot be reasonably ascertained, please indicate) 304 EAST LOUTHER STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 4,, , , 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) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 304 EAST LOUTHER STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h 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 23, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. RHETT L. HEFELFINGER Defendant(s). CUMBERLAND COUNTY No. 07-5610 CIVIL TERM January 23, 2008 TO: RHETT L. HEFELFINGER 304 EAST LOUTHER STREET CARLISLE, PA 17013 I **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 304 EAST LOUTHER STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $34,965.29 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE (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 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 lot of ground situated in The Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by property formerly of Charles Shapley, now or formerly of Kathleen Minnich, on the South by an alley; on the West by property formerly of Mrs. Susan Shrom, now or formerly of Arthur Martin; and on the North by East Louther Street; Containing 15 feet, more or less, on said East Louther Street and 197 feet, more or less, in depth to said alley. TITLE TO SAID PREMISES IS VESTED IN Rhett L. Hefelfinger, a single man, by Deed from Rhett L. Hefelfinger and Kelly L. Hefelfinger, n/k/a, Kelly L. Perez, formerly husband and wife, dated 07/17/2006, recorded 07/24/2006, in Deed Book 275, page 4029. PREMISES BEING: 304 EAST LOUTBER STREET CARLISLE, PA 17013 PARCEL NO. 02-21-0318-329 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5610 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee, Plaintiff (s) From RHETT L. HEFELFINGER (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 $34,965.29 L.L.$ 0.50 Interest from 1/24/08 to 6/11/08 ( per diem - $5.75) -- $805.00 Atty's Comm % Due Prothy $2.00 Atty Paid $151.80 Plaintiff Paid Date: //a29108 (Seal) Other Costs $1,956.50 Pr onotary By: REQUESTING PARTY: 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 Deputy Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale # 05 On February 14, 2008 the Sheriff levied upon the defendant's- interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 304 E. Louther Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2008 b.tl d C, 93 800t dd '1?lN(lU? 3N 3033 330 3.?1?3NS By: JD Real Est Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*ot-,AvXews 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 Stab= 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 Real Estate Sale #5 Writ No. 2007-5610 Civil Term U.S. Bank National Association, as Trustee VS Rhett L. Hefelfinger ' Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground situated in The Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by property formerly of Charles Shapley, now or formerly of Kathleen Minnich, on the South by an alley; on the West by property formerly of Mrs. Susan Shrom, now or formerly of Arthur Martin; and on the North by East Louther Street; Containing 15 feet, more or less, on said East Louther Street and 197 feet, more or less, in depth to said alley. TITLE TO SAID PREMISES IS VESTED IN Rhett L. Hefelfinger, a single man, by Deed from Rhett L. Hefelfinger and Kelly L. Hefelfinger, nikla, Kelly L. Perez, formerly husband and wife, dated 07/17/2006, recorded 07124/2006, in Deed Book 275, page 4029. PREMISES BEING: 304 EAST LOUTHER STREET CARLISLE, PA 17013 PARCEL NO. 02-21-0318-329 This ad ran on the date(s) shown below: Sworn tc?and bscribed before me this 27 day of May, 2008 A.D. Ae4 Notary Public hj 'tJ -iar6sL-uir S $uohir, Coutlty Jly Go?nn oss o : ir,,pites May 29, 201G _ _ ^"errT, - c l atlo ? oi-ries?? 04123/08 04130/08 05107/08 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: May 2, May 9, and May 16, 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. 1-4a Marie Coyne /Editor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 FWAL MiAf* 6 X0. 5 Writ No. 2007-5610 Civil U.S. Bank National Association, as Trustee VS. Rhett L. Hefelfinger Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground sit d in The Bw ugh of Carlisle, Cued EVAMy, T61a ' boun6W and described as kdlme: ON the Eaat by property formerly of Charles Shapley, now or Aaraaerly of Kathleen NUnnich, on the South by an alley; on the West by property formerly of Mrs. Susan Shrom, now or formerly of Arthur Martin; and on the North by East Louther Street; Containing 15 feet, more or less, on said East Louther Street and 197 feet, more or less, in depth to said alley. TITLE TO SAID PREMISES IS VESTED IN Rhett L. Hefelfinger, a single man, by Deed from Rhett L. Hefelfinger and Kelly L. Hefelfinger, n/k/a, Kelly L. Perez, formerly hus- band and wife, dated 07/17/2006, recorded 07/24/2006, in Deed Book 275, page 4029. PREMISES BEING: 304 EAST LOUTHER STREET, CARLISLE, PA 17013. PARCEL NO. 02-21-0318-329.