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HomeMy WebLinkAbout08-1009PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 171229 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 V. Plaintiff PAUL T. HEARN LINDA E. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 68 - 1009 010 (erm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 171229 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 #: 171229 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 #: 171229 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 #: 171229 1. Plaintiff is PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL T. HEARN LINDA E. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/15/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1870, Page: 4266. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 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 #: 171229 6 The following amounts are due on the mortgage: Principal Balance $81,159.65 Interest $2,154.96 09/01/2007 through 02/11/2008 (Per Diem $13.14) Attorney's Fees $1,250.00 Cumulative Late Charges $101.40 06/15/2004 to 02/11/2008 Cost of Suit and Title Search 550.00 Subtotal $85,216.01 Escrow Credit $0.00 Deficit $343.99 Subtotal 343.99 TOTAL $85,560.00 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 #: 171229 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $85,560.00, together with interest from 02/11/2008 at the rate of $13.14 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 ?7b7 ?)- ,y: FRA IS S. HALL AN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 171229 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN Lots OF GROUND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS Lots NOS. 21 AND 22 ON Plan OF HOME ACRES, SAID Plan BEING RECORDED IN CUMBERLAND COUNTY Plan BOOK 1 PAGE 93, AND THE SAID Lots BEING BOUNDED AND DESCRIBED AS FOLLOWS: TRACT NO. 1 - BEGINNING AT THE Northeastern CORNER OF THE INTERSECTION OF PITT AND'G' Streets; THENCE Northwardly ALONG THE Eastern SIDE OF PITT Street, 58 FEET TO A STAKE AT LINE OF INTERSECTION OF Lot NO. 23; THENCE Eastwardly ALONG Lot NO. 23,130 FEET TO A STAKE AT LINE OF Lot NO. 23; THENCE Southwardly ALONG LINE OF Lot NO. 23, 58 FEET TO A STAKE IN THE Northern LINE OF 'G' Street; THENCE Westwardly ALONG THE SAID Northern LINE OF 'G' Street, 130 FEET TO A STAKE, THE PLACE OF BEGINNING. TRACT NO. 2 - ALL THAT CERTAIN TRACT OR PARCEL OF GROUND WITH THE IMPROVEMENTS THEREON SITUATE IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS Lots NOS. 23 AND 24 IN THE HOME ACRES Plan, SAID Plan BEING RECORDED IN CUMBERLAND COUNTY Plan BOOK 1, PAGE 93, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE IN THE East LINE OF PITT Street, 58 FEET Northwardly FROM ITS INTERSECTION WITH THE North LINE OF 'G' Street; THENCE Northwardly 50 FEET File #: 171229 ALONG SAID PITT Street TO A STAKE; THENCE Eastwardly 130 FEET ALONG Lot NO. 25 TO A STAKE; THENCE Southwardly 50 FEET ALONG Lot NO. 23 TO A STAKE; THENCE Westwarldy 130 FEET ALONG Lot NO. 22 TO A STAKE, THE PLACE OF BEGINNING. PREMISES: 1111 NORTH PITT STREET PARCEL : 06-19-1641-054 File #: 171229 VERIFICATION I hereby state that I am the 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 I am 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 my 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. k 7a-7? ttorney for Pl intiff DATE: -,,I), X. be ??+ N d -r- aT O ? : r : Cw J iJ L.) . 00 , Y• CD ?l7 CASE NO: 2008-01009 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS HEARN PAUL T ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEARN PAUL T the DEFENDANT at 1145:00 HOURS, on the 22nd day of February-, 2008 at 1111 NORTH PITT STREET CARLISLE, PA 17013 PAUL T HEARN by handing to 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 Surcharge afaf 18.00 4.80 .00 10.00 .00 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/27/2008 PHELAN HALLINAN SCHMIEG By: eputy Sheriff A. D. v CASE NO: 2008-01009 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS HEARN PAUL T ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T-TT: L T? TT T . T T\Tn A T: the DEFENDANT , at 1145:00 HOURS, on the 22nd day of February , 2008 at 1111 NORTH PITT STREET CARLISLE, PA 17013 by handing to PAUL T HEARN, ADULT IN CHARGE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 zlal9l b? 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/27/2008 PHELAN HALLINAN SCHMIEG By: eputy Sheriff of A.D. 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 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1009 CIVIL TERM PAUL T. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 LINDA E. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 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 PAUL T. HEARN and LINDA E. HEARN, 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 $85,560.00 Interest from 02/12/2008 to 03/31/2008 $643.86 TOTAL $86,203.86 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. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO OTH) .--- ._ 171229 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff Vs. PAUL T. HEARN LINDA E. HEARN : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 08-1009 CIVIL TERM Defendants TO: PAUL T. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 DATE OF NOTICE: MARCH 19. 2009 Fc 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 LINDA NGUYEN, Lega Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff Vs. PAUL T. HEARN LINDA E. HEARN Defendants TO: LINDA E. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 DATE OF NOTICE: MARCH 18, 2008 :NO. 08-1009 CIVIL TERM t?C ?A` 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 COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY LINDA NGUYEN, Legal ss nt 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 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD Plaintiff, v. PAUL T. HEARN LINDA E. HEARN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1009 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 PAUL T. HEARN is over 18 years of age and resides at , 1111 NORTH PITT STREET, CARLISLE, PA 17013. (c) that defendant LINDA E. HEARN is over 18 years of age, and resides at , 1111 NORTH PITT 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, ESQ IRE Attorney for Plaintiff CZ ? ? C2 ' Q 00 Q CZ "`? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 CUMBERLAND COUNTY LEADENHALL ROAD COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 08-1009 CIVIL TERM PAUL T. HEARN LINDA E. HEARN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on March 3 200 s . By: If you have any questions concerning this matter, please contact: ;- J z DANIEL G. SCHMIEG, ESQUIRE 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." (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff, V. No. 08-1009 CIVIL TERM PAUL T. HEARN LINDA E. HEARN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/1/08 TO 9/3/08 (per diem -$14.17) Add'I Costs TOTAL $86,203.86 $2,210.52 and Costs $ 2,388.50 $ 90,802.88 DANIEL G. SCHMIEG, ES RE 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. 171229 w? a? O z z a u4 ? xx W > F:, W ? ~ ? H a a O O x pq x z? a ~v * * O g 00 00 - (? Q M M O O Q as ww as COO cn 0 H ww / V r ? H H (U HH o H E.., N o zz t W d -d ' a. w d N cil 77 , 00 O t vVJ `i ° " s o C G,J ? 9 ALL THOSE TWO CERTAIN Lots OF GROUND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND CC.0NTY; PENNSYLVANIA, KNOWN AS Lots NOS. 21 AND 22 ON Plan OF HOME ACRES, SAID Plan BEING RECORDED IN CUMBERLAND COUNTY Plan BOOK 1 PAGE 93, AND THE SAID Lots BEING BOUNDED AND DESCRIBED AS FOLLOWS: TRACT NO. 1 - BEGINNING AT THE Northeastern CORNER OF THE INTERSECTION OF PITT AND 'G' Streets; THENCE Northwardly ALONG THE Eastern SIDE OF PITT Street, 58 FEET TO A STAKE AT LINE OF INTERSECTION OF Lot NO. 23; THENCE Eastwardly ALONG Lot NO. 23, 130 FEET TO A STAKE AT LINE OF Lot NO. 23; THENCE Southwardly ALONG LINE OF Lot NO. 23, 58 FEET TO A STAKE IN THE Northern LINE OF 'G' Street; THENCE Westwardly ALONG THE SAID Northern LINE OF 'G' Street, 130 FEET TO A STAKE, THE PLACE OF BEGINNING. TRACT NO. 2 - ALL THAT CERTAIN TRACT OR PARCEL OF GROUND WITH THE IMPROVEMENTS THEREON SITUATE IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS Lots NOS. 23 AND 24 IN THE HOME ACRES Plan, SAID Plan BEING RECORDED IN CUMBERLAND COUNTY Plan BOOK 1, PAGE 93, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE IN THE East LINE OF PITT Street, 58 FEET Northwardly FROM ITS INTERSECTION WITH THE North LINE OF 'G' Street; THENCE Northwardly 50 FEET ALONG SAID PITT Street TO A STAKE; THENCE Eastwardly 130 FEET ALONG Lot NO. 25 TO A STAKE; THENCE Southwardly 50 FEET ALONG Lot NO. 23 TO A STAKE; THENCE Westwarldy 130 FEET ALONG Lot NO. 22 TO A STAKE, THE PLACE OF BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Paul T. Hearn and Linda E. Hearn, h/w, by Deed from Todd H. Harral and Susan E. Harral, h/w and Alan S. Meminger and Gilda T. Meminger, h/w, dated 04/15/1999, recorded 04/16/1999, in Deed Book 197, page 662. Premises : 1111 NORTH PITT STREET CARLISLE PA 17013 Parcel Numbers #1: 06-19-1641-054 CONTROL# 06000215 1 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS PAUL T. HEARN CIVIL DIVISION LINDA E. HEARN NO. 08-1009 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, 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 ,1111 NORTH PITT 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) PAUL T. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 LINDA E. HEARN 1111 NORTH PITT 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) Cach, LLC., 370 17th Street, Suite 5000 Denver, CO 80202 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) PNC Bank, National Association 2730 Liberty Avenue Pittsburgh, PA 15222 Nome • 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 1111 NORTH PITT 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. '? DANIEL G. SCHMIEG, ES ` IRE Attorney for Plaintiff C` } ^? ? ?- , ..? ? ?, ? ? r7i ^i ` ...? ?? r ^ -r^e t ?7 RJ ?? rt-. r?r? ? ? ? r ? ? . v ^? 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 PHH MORTGAGE CORPORATION Plaintiff, V. PAUL T. HEARN LINDA E. HEARN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1009 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, ESQi?IRE Attorney for Plaintiff ?V_ CZS i-n PHH MORTGAGE CORPORATION Plaintiff, V. PAUL T. HEARN LINDA E. HEARN Defendant(s). TO: PAUL T. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-1009 CIVIL TERM March 31, 2008 LINDA E. HEARN 1111 NORTH PITT 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at ,1111 NORTH PITT STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,203.86 obtained by PHH MORTGAGE CORPORATION (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. 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 ALL THOSE TWO CERTAIN Lots OF GROUND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS Lots NOS. 21 AND 22 ON Plan OF HOME ACRES, SAID Plan ' BEING RECORDED IN CUMBERLAND COUNTY Plan BOOK 1 PAGE 93, AND THE SAID Lots BEING BOUNDED AND DESCRIBED AS FOLLOWS: TRACT NO. 1 - BEGINNING AT THE Northeastern CORNER OF THE INTERSECTION OF PITT AND 'G' Streets; THENCE Northwardly ALONG THE Eastern SIDE OF PITT Street, 58 FEET TO A STAKE AT LINE OF INTERSECTION OF Lot NO. 23; THENCE Eastwardly ALONG Lot NO. 23, 130 FEET TO A STAKE AT LINE OF Lot NO. 23; THENCE Southwardly ALONG LINE OF Lot NO. 23, 58 FEET TO A STAKE IN THE Northern LINE OF 'G' Street; THENCE Westwardly ALONG THE SAID Northern LINE OF 'G' Street, 130 FEET TO A STAKE, THE PLACE OF BEGINNING. TRACT NO. 2 - ALL THAT CERTAIN TRACT OR PARCEL OF GROUND WITH THE IMPROVEMENTS THEREON SITUATE IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS Lots NOS. 23 AND 24 IN THE HOME ACRES Plan, SAID Plan BEING RECORDED IN CUMBERLAND COUNTY Plan BOOK 1, PAGE 93, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE IN THE East LINE OF PITT Street, 58 FEET Northwardly FROM ITS INTERSECTION WITH THE North LINE OF 'G' Street; THENCE Northwardly 50 FEET ALONG SAID PITT Street TO A STAKE; THENCE Eastwardly 130 FEET ALONG Lot NO. 25 TO A STAKE; THENCE Southwardly 50 FEET ALONG Lot NO. 23 TO A STAKE; THENCE Westwarldy 130 FEET ALONG Lot NO. 22 TO A STAKE, THE PLACE OF BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Paul T. Hearn and Linda E. Hearn, h/w, by Deed from Todd H. Harral and Susan E. Harral, h/w and Alan S. Meminger and Gilda T. Meminger, h/w, dated 04/15/1999, recorded 04/16/1999, in Deed Book 197, page 662. Premises : 1111 NORTH PITT STREET CARLISLE PA 17013 Parcel Numbers #1: 06-19-1641-054 CONTROL# 06000215 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1009 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From PAUL T. HEARN and LINDA E. HEARN (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 $86,203.86 L.L.$ 0.50 Interest from 4/01/08 to 9/03/08 (per diem - $14.17) -- $2,210.53 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs $2,388.50 Plaintiff Paid Date: 4/11/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 f -1 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff Vs. PAUL T. HEARN LINDA E. HEARN Defendant (s) ATTORNEY FOR PLAINTIFF CUMBERLAND County Court of Common Pleas CIVIL DIVISION : NO. 08-1009 CIVIL TERM FILE: 171229 LOAN #0027164268 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. 7 i r ? Z'/ r Francis S. Hailinan, Esquire Attorney for Plaintiff Dated: 4/15/08 VERIFICATION J?0.0-c -1 to ,Y) Ue hereby states that he/she is v'' C,-C- i CA"&41 of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ho e Name: G?lLC CS, H i A U e DATE: Title: V i Ce Company: PHH MORTGAGE CORPORATION Loan: 0027164268 File #: 171229 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff Vs. PAUL T. HEARN LINDA E. HEARN ATTORNEY FOR PLAINTIFF CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-1009 CIVIL TERM Defendant(s) FILE: 171229 LOAN #0027164268 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: PAUL T. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 LINDA E. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 f? ! Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 4/15/08 t . C_', wde{n? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. PAUL T. HEARN LINDA E. HEARN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1009 CIVIL TERM 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: 1 1 1 1 NORTH PITT STRF.F.T_ C'ARLTSLF., PA 17013, 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. DA EL G. SCHMIEG, ESQUI Attorney for Plaintiff Date: July 25, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsence of n 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. 171229 I PHH MORTGAGE CORPORATION CUMBERLAND COUNTY V. Plaintiff, COURT OF COMMON PLEAS PAUL T. HEARN LINDA E. HEARN CIVIL DIVISION NO. 08-1009 CIVIL TERM Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, 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 ,1111 NORTH PITT 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) PAUL T. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 LINDA E. HEARN 1111 NORTH PITT 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) CACx, LLC. 37017th Street, Suite 5000 Denver, CO 80202 CACH, LLC. C/O James C. Warmbrodt 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name PNC Bank, National Association Last Known Address (if address cannot be reasonably ascertained, please indicate) 2730 Liberty Avenue Pittsburgh, PA 15222 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 1111 NORTH PITT 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 unworn falsification to authorities. DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff 20 L 6 L WOO dIZ WOHA 0311VW O zo 8 0 s 0 L08 LM 53N1O6 AINlid W 10 00 00 O p O N C" p oW a 5 O a --' W H ?o° c? v a, O ? a b d b ,b d zdo N Q1 r oN CM r4 i m A a a C.) X ? to r- i ..?E> a d =27 N J 0040 a 6 Q -- M z C) C? at ? w p G a u u Sj e? ?$ e? d °9 u a, b Yf 9 b o a:1 N > ors w av? q O w O q O e ? ? R ern v C O N ?, r~? ?Ha N ? N ? r O W ?$ ?o a a°w a U o? z> u a Ha m E v z m o? a z z o 0 ? aA v .- N a w y U a. ppS? ? `? £ 0 t 6 t 3000 8002 Pt bdb IZ WOyd 3311bW " o08r(UV0 0108 iZb000 s c E-+ O vii sIA" 43N q?.,.? W t Z O a 11d '"`may, /1?? ? W p _ p m ,Q ? A o dom. ???? a ?W? .2; 15 F????lyjl _ N r N O 7 d ? V wa ? U N U ? w 8 ?^p o U ? "'a 7 u??o u Ls Q ? O Cw W Q H O °- o. E n v Q ? ? V •+ a u?ea 8rx W a ? 4 ? ? HL Hwy M H?? rn r' ? Q ? Q 'Q N z y`j W P+ N ? ?O't. U A cn o cad ov ?x ?xu W e! cOd G b0 W n X 7-1 f? N H (SS U O ?" O +' .gyp O U C) ei) N U ?' V U ?A w 00 w or- >. U obi O W "' ? 3 Q N N V o 00 V, ta N i. C-4 o C N o Z 0 F. C14 d) _ N -0 co 7 d GI d d U Y O d CIA +1 O W 0,00 N U O coo ii a U Q 3 cr' 'aew o m a w a `H" O Z ° aCO U M a` ?] 00. D U bid e W °o C- Q O hl r- Q U H U ? z a p a a Z ok? m $ V V 3 .; Q ^ ° a 00 !' •• N M d zdo ? r r i? A PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation Paul T. Hearn Linda E. Hearn Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 08-1009 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. _ j , fi'x Date: Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 171229 i``. .,.. ? ?. ?, +na ?'"` -{ " .?- PHH Mortgage Corporation VS Paul T. Hearn and Linda E. Hearn In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1009 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 05, 2008 at 1850 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Paul T. Hearn and Linda E. Hearn, by making known unto Paul Hearn, for himself and for his wife, Linda E. Hearn, at 6 Ian Drive, Mt. Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 03, 2008 at 1520 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 Paul T. Hearn and Linda E. Hearn located at 1111 North Pitt Street, 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 defendants, to wit: Paul T. Hearn and Linda E. Hearn by regular mail to their last known address of 6 Ian Drive, Mt. Holly Springs, PA 17065. These letters were mailed under the date of July 2, 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 request of Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 1,858.49 Posting Bills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Mileage 12.00 Levy 30.00 Surcharge 40.00 Law Journal 389.00 Patriot News 447.77 Share of bills 17.64 Total Costs $2,887.40 ? R. Thomas Kline, Sheriff BY Real Estate rgeant lOJIG/OP' 4 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, . V. COURT OF COMMON PLEAS PAUL T. HEARN CIVIL DIVISION LINDA E. HEARN NO. 08-1009 CIVIL TERM Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, 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 ,1111 NORTH PITT 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) PAUL T. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 LINDA E. HEARN 1111 NORTH PITT 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) Cach, LLC., 370 17th Street, Suite 5000 Denver, CO 80202 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) PNC Bank, National Association 2730 Liberty Avenue Pittsburgh, PA 15222 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 1111 NORTH PITT 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. ,,_,j ?AA "-?- 3 DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff 4 PHH MORTGAGE CORPORATION Plaintiff, V. PAUL T. HEARN LINDA E. HEARN Defendant(s). TO: PAUL T. HEARN 1111 NORTH PITT STREET CARLISLE, PA 17013 March 31, 2008 CUMBERLAND COUNTY No. 08-1009 CIVIL TERM LINDA E. HEARN 1111 NORTH PITT 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 YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND 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 A LIEN AGAINST PROPERTY" Your house (real estate) at, 1111 NORTH PITT STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86,203.86 obtained by PHH MORTGAGE CORPORATION (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 ALL THOSE TWO CERTAIN Lots OF GROUND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS Lots NOS. 21 AND 22 ON Plan OF HOME ACRES, SAID Plan BEING RECORDED IN CUMBERLAND COUNTY Plan BOOK 1 PAGE 93, AND THE SAID Lots BEING BOUNDED AND DESCRIBED AS FOLLOWS: TRACT NO. 1 - BEGINNING AT THE Northeastern CORNER OF THE INTERSECTION OF PITT AND 'G' Streets; THENCE Northwardly ALONG THE Eastern SIDE OF PITT Street, 58 FEET TO A STAKE AT LINE OF INTERSECTION OF Lot NO. 23; THENCE Eastwardly ALONG Lot NO. 23, 130 FEET TO A STAKE AT LINE OF Lot NO. 23; THENCE Southwardly ALONG LINE OF Lot NO. 23, 58 FEET TO A STAKE IN THE Northern LINE OF 'G' Street; THENCE Westwardly ALONG THE SAID Northern LINE OF 'G' Street, 130 FEET TO A STAKE, THE PLACE OF BEGINNING. TRACT NO. 2 - ALL THAT CERTAIN TRACT OR PARCEL OF GROUND WITH THE IMPROVEMENTS THEREON SITUATE IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS Lots NOS. 23 AND 24 IN THE HOME ACRES Plan, SAID Plan BEING RECORDED IN CUMBERLAND COUNTY Plan BOOK 1, PAGE 93, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE IN THE East LINE OF PITT Street, 58 FEET Northwardly FROM ITS INTERSECTION WITH THE North LINE OF 'G' Street; THENCE Northwardly 50 FEET ALONG SAID PITT Street TO A STAKE; THENCE Eastwardly 130 FEET ALONG Lot NO. 25 TO A STAKE; THENCE Southwardly 50 FEET ALONG Lot NO. 23 TO A STAKE; THENCE Westwarldy 130 FEET ALONG Lot NO. 22 TO A STAKE, THE PLACE OF BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Paul T. Hearn and Linda E. Hearn, h/w, by Deed from Todd H. Harral and Susan E. Harral, h/w and Alan S. Meminger and Gilda T. Meminger, h/w, dated 04/15/1999, recorded 04/16/1999, in Deed Book 197, page 662. Premises : 1111 NORTH PITT STREET CARLISLE PA 17013 Parcel Numbers #1: 06-19-1641-054 CONTROL# 06000215 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1009 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From PAUL T. HEARN and LINDA E. HEARN (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 $86,203.86 L.L.$ 0.50 Interest from 4/01/08 to 9/03/08 (per diem - $14.17) -- $2,210.53 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs $2,388.50 Plaintiff Paid Date: 4/11/08 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 26 On May 9, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 1111 N Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 9, 2008 By: J? -yyu Real Esta Sergeant 9 £ -£ d h 1 8dtl 8001 JJ183HS 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: July 18, July 25, and August 1, 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. Z- V-- - Marie TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 REAL ESTATE SALE NO. 26 Writ No. 2008-1009 Civil PHH Mortgage Corporation VS. Paul T. Hearn and Linda E. Hearn Atty.: Daniel Schmieg ALL THOSE TWO CERTAIN lots of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, known as Lots Nos. 21 and 22 on Plan of Home Acres, said plan being recorded in Cumberland County Plan Book 1 Page 93, and the said lots being bounded and de- scribed as follows: TRACT NO. 1-BEGINNING AT THE northeastern corner of the intersection of Pitt and `G' Streets; thence northwardly along the eastern side of Pitt Street, 58 feet to a stake at line of intersection of Lot No. 23; thence eastwardly along Lot No. 23, 130 feet to a stake at line of Lot No. 23; thence southwardly along line of Lot No. 23, 58 feet to a stake in the northern line of `G' Street; thence westwardly along the said northern line of `G' Street, 130 feet to a stake, the place of beginning. TRACT NO. 2-ALL THAT CER- TAIN tract or parcel of ground with the improvements thereon situate in the 5th Ward of the Borough of Car- lisle, Cumberland County, Pennsyl- vania, known as Lots Nos. 23 and 24 in the Home Acres Plan, said plan be- ing recorded in Cumberland County Plan Book 1, Page 93, bounded and described as follows: BEGINNING at a stake in the east line of Fitt Street, 58 feet northwardly from its intersection with the north line of `G' Street; thence northwardly 50 feet along said Pitt Street to a stake;-thence eastwardly 130 feet along Lot No. 25 to stake; thence southwardly 50 feet along Lot No. 23 to a stake; thence westwardly, 130 feet along Lot No. 22 to a stake, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Paul T. Hearn and Linda E. Hearn, h/w, by Deed from Todd H. Harral and Susan E. Harral, h/w and Alan S. Meminger and Gilda T. Meminger, h/w, dated 04/ 15/ 1999, recorded 04/ 16/ 1999, in Deed Book 197, page 662. Premises: 1111 NORTH PITT STREET, CARLISLE, PA 17013. Parcel Numbers #1: 06-19-1641- 054. CONTROL# 06000215. the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 on the date(s) shown below: t 07/23/08 07/30/08 08/06/08 Sworn to aniesubs ib d before ?ay of August, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA NotwW sw Shmb L Mm, Notoy Pubk MY Carrrftm Ems Nov 26, 2011 Member, Pennsylvania Assoclagon of NobxNs ROM Bmhft Sad No. 26 v" w 38w1m efvN TiaM "M Moltones Corpondion v5 Pout T. Hamm and Lkuk E. Hewn At omsy"Darnierl Schmag LEGAL DESCRIPTION ALL THOSE TWO CERTAIN Lots OF GROUND SHUAn IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS Lats NOS. 21 AND22 ON Plan OF HOME ACRES, SAID Pia BEING RECORDED IN CUMBERLAND COUNTY Plan HOOK I PAGE93, ANDTHE SAID Lots BEING BOUNDED ANDDESCRIBED AS FOLLOWS: TRACT NO. i - BEGINNING AT THE Northeastern CQRNER OF THE INTERSECTION OF PITT AND`G' Streets; THENC$ PTott6wardly ALONG THE Em m SIDEOF PTIT Street, 58 FEET TO A STAKE AT LINEOF INTERSECTION OF Lot NO. 23; THENCE EmWacdly ALONG LotNG. 23,130 FEET TO A STAKE AT LIN" LotNO. 23; THENCE Soulbwardly ALONG LINEOF LotNO. 23, 58 FEET TO A STAKE IN THE Nottem . -1A W 'G' Sfte? THENCE weatwa* AWNG THE, SAID Nordw LINEOF '0' Stt?aM 130 FRET TO A STAN, THE PLACE OF BEGINNING. TRACT N0.2 - AILTHAT'CBRTAIN TRACT OR PARCEL OF GROUND WITH THE IMPROVEMENTS THEREON SITUATE IN THE STH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AS"NOS. 23 ANIM IN THE HOME ACRES Plan, SAID Plan BEING RECORDED IN CUMBERLAND COUNTY Pan BOOK 1, PAGE93, BOUNDED ANDOESCREEDAS FOLLOWS: BEGINNING AT A"STAID; IN THE East LINEOF'PI[T Sheet, 58 FEET Notth m&y FROM ITS. MESSECTION WfM- THE Nmtb LINEOF `G' Sheet; THENCE Nm&watdly 50 PEST ALONG SAID PITT StteefM A STAN; THENCE Eastwatdly 130 FEET ALONG LoM. 25 TO A STAKE; THENCE Southwark 50 FEET ALONG LotNO. 23 TO A STAKE; THENCE Westwarldy 130 FEET ALONG LdNO.22 TO A STAKE, THE'PLACE OFBEGINNING. TITLE TO SAID PREMISES IS VESTED IN Paul T. Hesm and Lmda E. Warn, b1w, by Deed from Todd H. Harral and Sugo E. Hattal, Ww and Alm S. Memingea and Gilda T. Meminger, .v, dated 04/1511999, iecotdcd 04/1611999, in Deed Book 197, page 662. Promises : 1111 NORTH Pn7 STREET , ' RUSIZ PA17013 Parcel Numbers #1: 06-19-1641-054 CONTROL 060002I5