HomeMy WebLinkAbout08-3679
10
AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS
SERVICES, INC.,
OF CUMBERLAND COUNTY
Plaintiff
CIVIL ACTION - LAW
V.
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant NO. 09-
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 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 BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
(717) 249-3166
P:\DES\AG\DOCS\COMPLAINT +MNSLEY
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
Defendant
COMPLAINT
NO. 0 P- 3L 7 9 cx.«- ?cN--
Plaintiff, American General Financial Services, Inc. ("American"), by its attorneys, Chariton
& Schwager, complains of the Defendant, Robert A. Hensley, as follows:
1. American is a corporation duly organized and existing under the laws of
Pennsylvania, with a branch office at 410B West Main Street, Mount Joy, Lancaster County, PA
17552-1222.
2. Defendant, Robert A. Hensley, is an adult individual whose last known address is
55 Drexel Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania
17070.
3. On May 12, 2006, Defendant, Robert A. Hensley, was the owner in fee of improved
real estate, situate at and known as 55 Drexel Place, New Cumberland, Lower Allen Township,
Cumberland County, Pennsylvania ("Mortgaged Property"). The Mortgaged Property is more
particularly described in Exhibit "A" attached to this Complaint, which description is incorporated
into this Complaint by reference as fully as though such description were set forth at length in this
paragraph.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
PADES\AG\DOCS\COMPLAINT TMNSLEY
4. On May 12, 2006, Equity One, Incorporated ("Equity One") made a loan to
Defendant, Robert A. Hensley, in the amount of Thirty-Five Thousand and 00/100 ($35,000.00)
Dollars ("Loan").
5. On May 12, 2006, in consideration of the Loan, Defendant, Robert A. Hensley,
executed and delivered a note ("Note") to Equity One which obligated Defendant, Robert A.
Hensley, to pay to Equity One the principal sum of Thirty-Five Thousand and 00/100 ($35,000.00)
Dollars in two hundred forty (240) equal monthly installments of Four Hundred Thirteen and 30/100
($413.30) Dollars until paid in full, together with costs and expenses which might be incurred in
preserving the integrity of the Mortgaged Property. A true and correct copy of the Note is attached
to this Complaint as Exhibit "B" and incorporated into this Complaint by reference.
6. The Note is secured by a mortgage on the Mortgaged Property ("Mortgage") which
Defendant, Robert A. Hensley, executed and delivered to Equity One on May 12, 2006. A true and
correct copy of the Mortgage is attached to this Complaint as Exhibit "C" and incorporated into this
Complaint by reference.
P:\DES\AG\DOCS\COMPLAIN \HENSLEY
8. The Mortgage was recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Mortgage Book 1950, at Page 3927.
9. By assignment of mortgage ("Assignment") dated February 27, 2008, and recorded
to Cumberland County Instrument No. 200806996, Equity One assigned the Note and Mortgage to
American. A true and correct copy of the Assignment is attached to this Complaint as Exhibit "D"
and incorporated into this Complaint by reference.
10. A default in the performance of the obligations under the Mortgage ("Default") has
occurred because the monthly installments contracted to be paid by Defendant, Robert A. Hensley,
have not been paid for a total of nine (9) months, thereby resulting in arrearages totaling Three
Thousand Four Hundred Seventy-One and 74/100 ($3,471.74) Dollars as of May 15, 2008.
11. Notice as required by Act 91 of 1983 and Act 6 of 1974 ("Default Notice") was given
to Defendant, Robert A. Hensley, on January 11, 2008, by certified mail, return receipt requested,
and by first class mail, postage prepaid, to the address of the Mortgaged Property and to the last
known address of Defendant, Robert A. Hensley, as set forth in paragraph 2 of this Complaint. True
and correct copies of the Default Notice, certified mail receipt, and certificate of mailing are attached
to this Complaint as Exhibit "E" and incorporated into this Complaint by reference.
P:\DES\AG\DOCS\COWLAINT \HENSLEY
12. Prior to the filing of this Complaint, all applicable time periods provided for in
Section 403-C of Act 91 of 1983 have expired.
13. American has not assigned the Mortgage.
14. Pursuant to the terms of the Mortgage, the amount due to American from Defendant,
Robert A. Hensley, as of May 15, 2008, totals Forty-Four Thousand Forty-Five and 36/100
($44,045.36) Dollars*, and includes the following:
Current Principal Balance $34,813.07
Accrued Interest 3,321.90
Late Charges 165.34
Reasonable Attorneys' Fees 5,745.05*
Total Due $44,045.36*
*Mortgage authorizes recovery of all collection costs including court costs, foreclosure
costs, and reasonable attorneys' fees. The attorneys' fee set forth in this Complaint is in
conformity with the Note and Mortgage and with Pennsylvania law, and will be collected only
from a third party purchaser at the Sheriffs Sale. If the Mortgage is reinstated prior to the
Sheriffs Sale, only actual reasonable attorneys' fees incurred will be charged in accordance
with the provisions of applicable law.
WHEREFORE, Plaintiff, American General Financial Services, Inc., demands that Judgment
be entered against Defendant, Robert A. Hensley, in accordance with the terms of the Mortgage in
the amount of Forty-Four Thousand Forty-Five and 36/100 ($44,045.36) Dollars, additional
reasonable attorneys' fees, and interest at the contract rate of seven and one-half (7.5%) percent
accruing from May 15, 2008, through to the date of any Sheriffs Sale pursuant to the Judgment
demanded in this Complaint, together with all costs of suit and any money expended by Plaintiff
P:\DES\HG\DOCS\COWLAIN \IIENSLEY
after filing of this Complaint in payment of taxes, sewer and water rents, claims or charges for
insurance or repairs and any and all other advances made by Plaintiff, American General Financial
Services, Inc., pursuant to the rights and privileges granted under the terms of the Mortgage; and for
foreclosure and sale of the Mortgaged Property.
CHARITON & SCHWAGER
BY:
David E. S wager, Esquire
Supreme Court I.D. No. 52683
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
Phone: (570) 824-3511
Fax: (570) 824-3580
E-mail: deskcharitonschwager.com
URL: www.charitonschwa eg r.com
Attorneys for Plaintiff
American General Financial Services Inc.
PADES\AG\DOCS\COMPLAFNTIHENSLEY
VERIFICATION
BRIAN FENNELL hereby verifies that he is the Branch Manager of American General
Consumer Discount Company, Plaintiff in this Complaint; that as such, he is authorized to make this
Verification; that the facts set forth in the document to which this Verification is attached are true
and correct to the best of his knowledge, information and belief; and that this statement is made
subject to the penalties of law contained in 18 Pa. C.S. Section 4904 relating to unsworn falsification
to authorities.
&.-,, LJ
BRIAN FENNELL
EXHIBIT "A 11
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon
erected, situate in the Township of Lower Allen, County of Cumberland and Commonwealth of
Pennsylvania, being more fully described on that certain As Built Plan of Foxlea Residential
Community Village One, Phase I, Lower Allen Township, Cumberland County, Pennsylvania, as
prepared by Gerrit J. Bentz Associates, Inc., Engineers and Surveyors, dated October 6, 1976, and
last revised March 19, 1977, as recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, on March 23, 1977, in Plan Book 26, at Page 50, which Plan is
herein incorporated by reference as if hereto attached, as Unit Number 55 in Building "I" consisting
of 5796 square feet and described on said As Built Plan as metes and bounds which description is
likewise herein incorporated by reference.
BEING the same premises conveyed to Robert A. Hensley by Deed of Jean R. Miller and
Gary T. Miller, husband and wife, dated August 15, 2000, and recorded in the Office of the Recorder
of Deeds in and for Cumberland County in Deed Book 227, at Page 917.
The County Parcel Number for the above-described parcel is 13-25-0008-002A U155-1.
PREMISES improved with a single family frame dwelling more commonly known as 55
Drexel Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania.
UNDER and SUBJECT to the same reservations, conditions, restrictions, covenants,
exceptions and easements as appear in prior chain of title.
TOGETHER with all buildings and improvements thereon.
P:\DES\AG\DOCS\COWLAINIIHENSLEY
EXHIBIT "B"
Date: MI2=W
NOW cwrbw la
i*i
ii XIMART MORTCAG9 LOAN
This AOr*elwo Is SO)M To tb
NOTE P"'?'"` a! ? Asa.e.q M.,1>!. fa
SS or" m
Iro"Imu AM-1
PA 17M
caa tz*"
b.SOMOt M'S PROMIN TO PAY
b MO far a lore to T bow rm*Iq d, T praa+ba b Pn U.O. f 3OXM66
(Chia larltUd win bo c" "Pebtclpa I p4. iabtaat b dle tMef of w t/alder 71a TwtNr 4 EwKt' Qh4,
niw b taiOOiO iti irtrlrr
ptptlatttnrtdar tbaittale rrSf be Ceded tM "Nett iletdat.
L vaga m
1 WE Ply im"d a a yow1y mk of 10.13 K.
ratdaw WM bt &WW m 141aid riadppi MR tM M MWW orp mw#d baa bean pad.
3. PAT RM9
L *iA pay pmmW tnd b4araat by m*W& pitymaatr eaak aaealb otU,S. f 41380
s i b
1 wM Mdw boapgrrrY triayy 40 dl vM Yve aQ of t to t of
pw pritleilai tad Wt4en of mW wp? otbw
rr,'wg
Jalaalbad baiaw, Hat 1 atiraiwa tadertbh Nola TL oa !;M>'12D26
1 so ettr atiarama ache deb Nor, r wip pay an im ataoreb, in r4 an not itch i win swan my amimy
Payat w at 9T'O bmtdts Read, Yp%, PA 17404
ea at s Oi RM plop if lapaired by the Now Noklra.
4. SORROWER'S PAUAMM TO PAY AN RZMR6D
(A) L k t bwp Far o ewrw }ar ov"
HHa Nets bboilar 1w a>at tveaind the tbf f aaoaea stony v<t? 1aoa01? pw?lab ly dle atld ad
15 ahadw derafter IM Jab It left I wW voy a Ida a wr ob pro Tips bolder. The ahead of
Hr d wgo win bs 6 % Drag orardae pgatwyr btt not ToM tM, U S. f atd eat Moro
Omn US. 3 1 win pay Mb tae dom a* orbs an a w Wa payment
(S)Ddmx
K140 sp pay do M OMWA t Or VW* =Mft pWMM ry ela eat OM in Sectbet? 9 abole, r will be
Ttl aaa L deht4. the Mok tleldw ttx? told ter a riAttea aside telGalO ant 4rt itT tb Cast pay toe
0 pr1 Fe'4lp't al aaenbyaaai.ladalp 1iNNiala FboUeraltytegr/saaoN!ar letaadaeehrlaa1Mattirttuof
wbieb btra as bean paW sad sn O/s hnawt f W i t/tra on lbntewaL 1'twt 4tA uNllebe aR larl l0
Jey? eAa w Jae oa wbwok Iba npba b lathed m MM if ft b aoi now 90 daye aAer dW deb oe wlaicb ilk
delivarodmtat.
ltffie NOW HOW bo SO%W M log"' rlaI 9-0aty is M as dalotI Ado- w hale Hordf f wid
Mw Clot tiger an be paid boob %r.t.,t:6 vto adaagtw mow, -, - eel pol"W by applis" law.
'triple napsala it(Ir1a. rot aaetpte, taetetetiia tattaaeeys' tlhea.
S. TM Nt UI Sil149MLai ilY A MObtWAGL
k addible b On p.obdkwA Otrae 16 w Nolo HeMa reader eda NoK s Mw*vgq,
OSM20" 0011 A o- do Now Kddw Aem po/aldia rawer wft uW teedt if1 do rA keop
dw ptolaiwe aidtll i aakt b tYb 14ea TYt NettOge Nast tibea Aerr agd ender wYt ooadlUor 1 m?i' 1N
14 tn?t aewttditia pgareai is Irfl attatil talr,a.e f tea i vKV rsdw Irib Nma
6. DOMHOWSM PAYNlb17M S&MM TM AMR alp!
ib ki fatdrdtr now mmuN Oe adadubd d arditUMKdmaenAv A taainietet aAodg*W
iabae4lYrt
pat atria alp
1 may
1/s td! K
atFiitAtterpifdyi?aai?elY • ' irr`11t11jiltitriydad?,"A?tipipidlltbferly : .
N kavrn M a'tifidld /Njeyyalatl.'
paepsyawd aK a pattlr N'rPbalad vritlrad 14'i1O 11y iMaehY• The Itteie 1bWdar wNt
tltaldert#A MOW QfgdWiPd 6d t aarttadt:Hia bale. UT atke apatW
dm tae of mw miW* jq - h doe. TM NM Ndiwmi" slid n"W 6K dw b W ariWpiMW
prapbymest by abet a dr stoat ofp bpd doweed bolo bompo etsy me sae or mae m"y
pttymeaeL
T. SORiRb1Yns WAiVftits
1 wawa lagr tiflda M agria for tHir Aalder b b otwtia Chirp.l'Yo1e tiitga 1/a? (A) b deaalatl
paywai oraarmrb due omvm ft "prnenbnnM, (0) 10 gm mitt Ott aaomb doe reeve trot btal paid
tZW4FVr MAMA UCtltiD MOa7CA09 t1O7t
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08-04-23 13:23 21371 WPO2929-MUM JOY » AGtt 0714 rottstoaa a 2/14
(1lalwq u •iotlls ddilbO?Of?; tCf to oWdeltM?oOlaiat argllattae del i?o a ?
?tm tdee wha euNeea a Neq? alt M?b>sa0?i it Skit Nele, ar.rUo tgeeae >e aeMlepe?ynonla n the Nwe
llaidet Sri hi W 1oleP mY tltr»tdlta erdK thM 1ZeM? a who olpr Mlie Piowa anellaer h b eeweale ahx qlq
weivae d m i!OIL Sane pornom om gbwt+ n •swo dwm aam f and entlotans "
t t3rAM 0[+PIOTK=
Aay aWw deetseea bw livw b aw larder fbk Note wNl bejiwe by dd wring it ar by radius k by
otetW meN dbouW a m al lbe P xpmty AMm alone. A settee wt! bo dcsvt7d ormoiled b m n a
dltkrm 1 1, - k'I gitro be Now Holder owoks ormy Ahms ed8rm
Agy ftdW 90 Md be pwn b tie Nola RddM WAK Ok Note wil ba given by eaaliog h by ontiiled
oWl w dw Nato Hohkr at *A s6drm sow in Secdon 3 chow, A aolko wNl bi mW to the Not Noun at a
9: atuampla '[Y OF FNRM 1MS plan Tm. A1M
eider dde Hots aptaal Oaeb of w iluirvidultiy tr o?gainet aN dM teplber.'fNo mnao tier onry otee efw utay
be "Olked a M 10 468 we m" orvtd WAW lW Wis. Anypmm w1m t4 m error my dos ar abii dw
w?dar gaePtaa wiN have d o(my+ ani tatter laeo? aN dqr t mtdo iw Ste Nok Mtsletutrl who
UW ewwr dw dglle w ahpd M ofe poretlm - away, otaerleceer atUM?NaM (ae deacrlbed iu Section 7
ebova) ie erne Will, io boy aN ergs pmbw m k im aria Nok.
14NMCK TO PORR"IR
tart tree dip tldrNnKeKkeeteleMee bMldt opeoro.
AN t1 dwwil k ccamplew boh" 7" dq.
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EXHIBIT "C"
?. BUT F. ZI€G! El
2046 I'lRY 1 PSI 12 40
RctM To. Hquhy Om ln=pMttted
an Loucks Fiord
Ytx1 PA 17414
PasrdNumbet: ?325r0o08??+uFtls-'I
MORTGAGE
THIS MMT0A0F is made this 12th day of May, 2MB
Mor"or, Robert A HwmW
owmain "Bomwea and the Mor pelt, P.4* One, lncotparuaed
a oogwatim ofp*w end axiatiag under the larva of Pamoterils whose adthass is
1170 Louokat Road, Yak PA 17404
Ti-Elt VVET Ez-90-800t
, t1dwem the
-"Londe)
WHISRtiAS. Somawer is b dobbd to Lender in dw principal sm of U.S. S 36,000.00
which indeltsdam is svideaaed by Bm wear's now dated 06112jm am ex0ftiom
ad yowwala d eat' (i a ia'NoW), ptwW* fitr mambly luMlmeato of p 4acipal end inwost, with the
Waco of the i &*bdpm if not somas paid. dno and payable on t3J1MA28
To SECURE to Lmdcr the mpgmndst of ibe hhdabtedum evidawd by dbc Note, with ia*w thee m;
60 paymost of so ether sugW4 with lawn ti KOM act and In m t rdme kenw h to pr*d the waft of
dos Mortgage; and the perfoemace of tba mvemats and apoomaatr of Bwmwa hamin oaalsinod, Harrower
door hcmby mmtmi;alo. grate! mrd coavey b Laadar dke following desm ibod property loo W in the Comy of
Cumberland . Stem of Feaasylvaaia;
Ato
which has the wwresa of 35 t row Pt
New Cutnbthrhtnd [may] Panaaylvaaia 17070
PMSVLV AN1A SLCONV MMTCACE
IStreet)
IMP Codcj Mmin'Pmpmq Addtem"i;
Pophofi
Fore 39"
I:QI-ZNDWFO-PA W)
?I-95Ul0927
%1l d UM2S120d 9LL0 Sj9V « £+10S-£ra9-LLl AOi' t!N]UW-t?ZtSZ5?9V ZZ=£L £Z-h0-800Z
?GLLZ EVET CC-#0-e00s
TOGETHER with ill the impmve aems now or homfler otectod on the prapesty, and all e+semartis,
A01s, oppu rtaasncce dad rmik all of which shall be demied to be and rentula is pail of the propwty comod by
No=, Mi a t>?w rtW,?iK with tnid unrativ inr Ilia L-wohntr
..
HQmQ M 64YyAltldi ft Dotmrtea is btwfitlly triad of the oatsta horaby amsm,%..1 aml Iles ilia ritAN V
rnettp, f. VA,d dial aanovey air lMPM, and flat tae rreperty it v*Cdzalnbtrad, Caceps f chounibra cea of
j'g%t ft MW 9a4TClIl1111 the! IAMIti wwrynh ad will defend geamally Uav Q k iv dw tnrparry assma all
olaitm ad datnaads, tatbjoot to cocassibrances of woord.
UNUIUHbt INSYtSNANT3. hrxruwrr and 14AM coTenattt dad asroe m fellows:
t. Pstrivin t oi> al sled l tarsat. Zitarowa shell prompny pay whoo 41vc do pri ciyal MW intoredr
IA4WIti?N*'i.C.ykWWM hby ft M* sat two cMr? oa NoUidai in 4M Nil...
L Fisk thr 1 )kin ad loans". fubj t to VPU.W. L. v4 d Mi" M ak- by winder, uorrowet
Mail pay b L,crtdtr on the day mgW* prInwo nf'p i hv*i and intend aru psyubls under M&,NWO, instil dac
Not it pfttd In !lull, a Cam (heack *Pwm q"iv o*v4wclAh of the Yearly MM attd iafLvtrtttnh (lnrhatlns
condordfie!n atttl pbinnca unit dfviio oicat aaamwossb, if bry) wliiA may A& priodzy over do MxtVV
410jW Wpm
yQ,?W%% ?,drarly 1116 *1, 6166ealatfO,.rzAlo ap` ttaoctl. tlttl_,a
lak6 ly' iva t0 tip by i?la7? to YAO of a t? DN? ales lw.w?tlls {tt a t .
B0Prelwtlr ahatt nDt be obliVAed to waste such psyniatts of FaMs to tender to itta exbnt that bottw4w mains
nwh pnyzmb b the holder of a prior awtpp a died of MW if such holds is a iaatitxtioeal leader.
If Bowwat pays Minds to Linder, the Ponds shall be hold in m htaltutim tho dtrpoaiw of avowta of
whlah ate Isaaud or gtMratrdeed by a Fula d or state rtsttncy (Inde rw Lender if Leader is vxb an irtatMutioot?
Leader hinds! apply ilia Ftm b to pay .aid tawih saeassteab. in uriiicc pt aiio n s sod broasd antis` Ladder slay
ox ebKp I& so holding and applying die Fwtds, aaalf # aid meow or verifyiq and compiWtd aid
astena mts and bills, aisim Lanbor pays Dom my r irtbe w an the Funds dad upplica* law penni# Larder to
malls stab a tdleage. Borrower dad Louder nay WK is w0ft at the lilac of a ovistion of" Moraass that
iatecost eta the Ftm k shall be paid tu Bearowar, ad Latka s web apenuM is made a apphftWo kw reg07
such iawat to be paid, fender shall aqt be mgmhr d to psi Bwvowsr mW httorvo or s amine on dt4 Fun&.
Lama ahail give to Bwrower, wilt vA dwr% an anaW aceoaatiq of run Fttatb din wing cratlb and d&* to
due Funds mW du purpose for whloh sid debit to ttw !?lids was trade. The Funds &a pkdgad as additiaoal
soatcity fpr the Wes saaprad by this Mortssr.
If the aamet of the FunM MU by Leader. tie dw with the future mo iiiiiy i atatlmettto of li nrds
payable prim b die due dates of mos, aS3oswAnaL butwance peemkism ad geoued teats, dkO moved die
araoatt rogtrired to pay acid Wft assem<tom hwatatms ram m dad gmuad male as they fill die, such
atom ahatt be, d 9owwofs option, *Ww preq) ly repaid to Sommw or crudltad to ifOtTewar on monthly
taatatltru mb of Forw1s. If the wwwat of rho Fwab held by [.sstda shall not be sufficient to pay inn,
asse"wats, is?tutmm p tiniaras and SrowA mra us they 60 dut4 6otrowor sliali my to t.cadar any amount
nocassery to stake up The dollaieney in vie or am ptysu eais us Len W awy rrxrrre.
Upon paynea?t is tug of all sums aaeuand by this Moai<W, render shall promptly refund to Bormwer
PENNSYLV,w9A WCOND htpltTUAG6
row 2 of 6
Farm slur
L'Q1.2SD:V[T(1•rA
"i
8K 1.95QPG392%
WS d Urto=S140d 9M sd9v « £705-£59-161 Aar LWIOW-616ZSASV zz=£L £2-10-VOOZ
3. AppMeattum of P*VW ts. Unless apptic" law pffovidet olhowire, alt payments reoaived by
Lender undo the Note and pattrsrapira i and 2 itercof shall be applied by LPKW Had kt paymatt of antou to
payable to Leu?dw by 8omwer wWwparvVVh 2 heref, tMa to interest payable on the ]Nato, and then to the
principal of the N4xc,
w?act: ELrt;t CC^bQ-ROCC
4, PtUr Muffs as wd taeeda •f Ire* 4WMr.. ideas. Banana Ad pafam all of BoM"i's
obiipetNona Hadar gay asestt e. deed of wu a aUtc sttaerity a?raeaara' with a list which hu priority over thts
fA~, itr bjdw4 swro nt's wvwAnu to makc psymou wum due Donower shahs yoy or ewer a be pod
all ttwcee, aasummenta ad coat Okul , am amd ianpoattieas stir it to ttk FMIN sty wlticb rtsay attain a
ptiorily aver sofa MwMa, and heasdw pqM W or v"M Heusi, it ay
s. Hattard itraisrme. Bomwer shall koap the 4woaewmat am 0404 or heather waeatd on on
pmpwty ia=W *VIM tar. by fire. Ittggeds ipoh" within the term 'bxtaaded coyata/ . and PA cater
1Wtcds as under soy fopft olds in wrh amenwe anti f1w lt" peri..,L ab LwnhT mry raa,a e.
't'he wromrtoa aa[ w ptavi ft the Wwoooa shill be dwoeee by Borrower rubjaet to approval by
Lmdor, providA that such opproval sods taut be amrsatatabhr wfW,afd. AN Mmtaaaepdicies and nttawab
themcf *w be in a fora amgabb to 1aWw ad 60 WdWe a standard mortppa claws in saver of ad in a
Corm accephble to Bandar. Leader cosh Muss the A* w hold the policies *W rtmowab dtweaf, mbied b dtv
teams oP any trt0etSW doad of frOct or othaf rootmsy aareemeM with a lice which boa pdotity over this
MaetrysS'.
in tln cvou or Iosa, is m war MU give piuumpt notice to on itntmm tatrtier and Mier. LwAor may
Md* proc'of loss if sot made prtt%* by Bwower. if Ibe ?mparty to aboadooad by Bo tmtrat, of if Barrt W
_ ..?,. •Ri;.?R??#•diodoeanoesoa'io•m:itedby - ? ....... _...
. >o 4dl0f?iiiitpMCO?EIMB?,•?•tlK1a1'•nc?fo' •".'• • ':e;a
p pjp ljd`t nip i oidtttr is rattlotrew or it * etf the t?top?tly orb the Bran sat ;4 by d& "
M i, Pn*rrveWa ow MaieMant w ttf Preporty; L*wob@ dg Coudew" es;1 coed UO
D"#wpww%. Dwowat shalt ksq the Ptopaty in wW nWr and ftR iA t eo"I wwo at "mil
t,npeirtttant er oatatonbM of the Pmwty to don comply wilt the pMsioaa of My taus if this Mewtdabe is
on o kaad M. if this Mcr4W is stet a unit in a condoWbi++m or a p1wowd wait dridopmant, Bottvwer A*R
partbettt t11 of Borrowes?'a obli?tioas Bettor the dectaatioe? or t?vaattua ? a the aottdomhtittas
or Ownal unit doVeWpalent, to bye soil ndaiadm of Go cwwl*tr Wuta or plmnod volt daveloptaseL and
consiitwfot dacumWs.
7. pratoettta of l.ptWn smelly. If 9otrowor rata w patbm the cowambt ad a mums
av ained in rift Mor", or it ay at Ow or proaaedittg is emwe cad *M& matte Why Mob LwdWo
inawreat b the property, dtwt L424%. at Ludees %A M upon wbce to Bomma. user umb v tilt etppataaoces.
ditisursa such s m, t totadiq mum* attonurys'tees. and tdw suds action as is oeowary ro ptvlect Leadees
intotem. if Leader mqukW 800pp insurance u a WM itica of M*i% tits bee aaeurod by dds Mon sM
Borw*mf shall pry der pmakms tegaised to maintain nxh hom w•e is undl sttcb there as tits r 4mument
for such otavraace camnida to aaeadww with Bwrwwoes and Lertda>'s written Weaoant or aWwoble law.
Any autormis disbursed by Lather pesattaat to Baia paradwpit 7. wide Womd *wmt, M tits Ncb r9c.
dtedi bw4 mtt ddstie wl indab0adnesr of Borrower wcwW by this btartpapa.1 Meer Bottower and Lettdrr agree
to odter tansfs of ps)uw. sack unotttna shttl be peyable vpoa aches from t.arAw la Bonvwer regomttittp
payvxw def. Nothinb,:untamed to thla puepmph 7 shell requhe Londe ra iww any expos or kilos say
actiatt ham kr.
IL 1%spemim Lma a may tasks or cam to be made r sooble odfla upon 4W inepoctiou of the
pn*My, prgvided.ttrat Lattdw ttbslt Hue Borrower a4b a prior to any MA Iatpoettoe "0! reasonabia
klt
. .. ?i? L '1dte?a!' Y, w'ttlrt ?teeiof+a fbt t
oont>tatctatiQa. air booby asoibaod sad tdtall be paid to I midw, aabjeat• to 601 oeate of any MwOIA dttod of
Bisect o! atbea era:+aity abrearttertt with a an wbich b" prlorby overt thin Morgw.
M Borrower Not RdM mW; FWbatr'aaa By Leitlsr Wall A Watvv E:tension of rlre time for
plymem or Mo4ificatian of amortiation of do nuns wcwW by this Moue VwW by Lender Eo ww
rRNMYLvAhtA XCCO vD MOn"Aelrt
PRp; 3 otd
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9107
7L19 d LIMOIS110d 9UO SJDV « "OS-ES9-ILL A01' 1NnOW-6Z6ZS39V ZVEL EZ-10-MZ
__._...,,.?,,D?..• shots: EVET £C-f0-800L
.' rr
suooessor in axeteet of 8onown "nut qw Me to release, is any manner, tM liability of the orrpimi
Borrower and Bormwees womiots iri mwea. L,ottdar %Wi :wt ba retltiirod to eoummme pu neditip apinst
such snecoaeor or Woo to oxttand tight *r ptrrment or oftwift ahodify amettiratim of tle strtwt nowW by
ddb bkooge by ae"m of any demerit made by the WOW Serum ad Borrowoes awcoason is intt mL
Any fosbpa'attce by Latch in amoiaigg any tight w nreaatly b rehahder, or od wiw sfl nth by itppiicable
law, ahafl ad be a weiver of or proehsda die ea w6W of any such ri& or reasedy.
11. asaeoeaaan said AwWn Echoic; Jabot attd Sr4wai LMbOy; Ce p IU coveaaata and
agreenaena borrow comainod sbeu bast, and the ngbk have hder *40 inin m6 the reapeotive su comors end
asnigart of Leader m A lion we, subject, to the p plow of pAM**O 18 hmvd AN conrisasntu and agnnmteats
of Borrower !hall be latish and MUM. Any Ronwi of who co-aignl 66 Ma'tgap, but does not examle due
Nate, (tt) is heist Atie MOW P only to M %W pant and Covey sat BortNM4 i0ft" in as Pt+opeety
to Lerida War the tams of tide hierov, (b) is fins paraonally liable co the NOW or under this Mosipge, and
(c) mg tee cwt Ltinder and aey t>ther Borrower horamder aAay ageee to , motiHy, ibsbaar, a aaake tmy
odor wxm inad¦tion witb rvord to to tams of this Most W or the Nok v Omit that Baw rwoOs awmot and
without rekseing that Rurnmer or motiif)riad this Montage as to (bat tioeewa'm ia+seat in due Proportp.
IL No" Except for my notice required under goiwbie less w be given in atwdor i+wgaer, (a) any
b iiio ea ei .,v;irtb3:,?ya?ot?i 'ea c "I beiti,??e. by oer?iN and ln?a:
and i;i?ind bwaft or to aveh otter atititress a Larder may doom by notice to Summa tie pmvtded hereto.
Any senesce pro?ridnd tar sn this Mttfipge slsrli be ri?rarsed to have boat given to Hotrower or Lo"M who given
in am Manner do.imtod borein.
13. Co"raltig Lett; Sw'anlelty. The 000 wid WA laws appttottbk to this q[attpe8a caul bs the laws
of the jtttiriktiilttt is vrllklt duo properly is hated. This fureping ttepNewe *AU nut limit dot applittmbtttty of
Moral ktw to dris Mottpp. In so wont diet nay pmvision or d u" of this Mo"Pye or the Nob oeathas
with applicable law, such Conflict Wit no affect aduet provisions of this Meop or tits Now whits an bur
given efbet vrilbottt dw eonfficting p w*nion, and to this end the provisions of this Mmi p p sad the Nola am
d9cWW to be severable. Ae taed he eity'oate, gcxpm= " shed "Womeye lees" include eft am to the exam
not prahib ad by qq tiesrbk law or brushed herein.
14, Borrower's Copy. $orowar shell be fumishcd a catfornted copy of ft Now and of this Mayhwt
at Ufa firm of uecofou or aft recordation hereof.
15, RehWWNMKM Loma Agreenw at. Borrowar shall NIMI all of l onawces abliptiont udder any
how rohabllitsdop, iosprovoflwl, Tepid. or other toot !greet "t which tlorfown eaters We with Lender.
Lauder, at t*ndWs opriort, tray rgWM BtMOwer to exectiw and doliver to Lender, in a form wo"Mbk to
Leader, at! aWWAW of any rights, AIM of defenses which Bet~ may move ttgatstat ptgtiee who rapply
tabor. ngttorisk or ea vicee In connection with iaegsaovorawty made so dw Property.
IL Trans kr of Ow ft on ly or a boot ehd Istewo In Borrower If all or any past of due Property
at any intent at it is sold or tram*ned (or if t boaefieiai iMtMA in Dwower is soli or "W*A red and
Bosrw4w is not a tautttd pa*W *Mwvt Canter's prior writim corium, Lander Amer, at its option, tequtrc
immediatc payment to flpli of all rime secured by this Mottgasr. However, shit option shell sot bt cumped by
Landor if ewsin is piab 1nW by faftal law a of the "c of this Matta
AMY invoke tiny rr'atodtn
by thin Mortgage wiSwd Wntx rialto or demsnd on
Borrower.
NUN VNIPORM COVENANTS. Borrower and Lender fhwdw covenant and agree as fQMm:
17. Asedi ation; Rome iss. Upon Bomwmr% breach of &W twvoaw t or speaDeat of Donner
MMOVANAMtA srtCUND MoRMACK
Net 406
8K1950PG39.3:0
F.en"
it?t-1NnMrc to
9,ro9
WIL d UMOIS140d 4LLO 519V « £1OS-M-LLL AOP AnOW-lS USIOV Wit sz-"-VOOZ
- - -?-- VbV4p4i.1% Ltkfi< £VCT ft-t'r0-800L
ill this Mortgsp, M1Ck&9 66 COMMIS to pay when dtte any trim acumd by this Murtpge, Lm4w pats to
OM MI s#adt givo aohm to BMWWar as provided by 14tpltcabb Irv Mpoeif?jM Wmgg ntlrer &N%&- (1) tbs
bt each: (Z) do action regwkQ to Can mob broads; (3) a date nut hxa *M 30 dnys Om 6e date tlto noon is
tnrttled to Boao ww, by wrsicb smb broach moat be cm I sad (a) fiat folure to taut amb brmaA on as Wfm
the doe .pWd',ed in the notics may M"tt in aaxieadim OM & s,mts a rowed by thm Mang" JMkttllrs by
;.,d„,;.1 P"* ?ti? and mic of the rat vcny, mm nouco sui fh dw inform Borrower of the r%W to Mamie
after me lorlitbn and the right b aaaett to III fosoalo me proceediq the namxWeaee of a debuk or mW adw
deform of Borrower to a=ltmiioa W d f6mictiurr. if the bmwb is nm caW tors or bebfro to dtae gmaU f in
the mice, Leader, at Ltaldab motion, may doctors all oI am sttcarod by No Moripp to be imMNikI
du Will payable wriN wA f brbw dom W ad uq forvclooe tba Mu ftW by judicial prooedog. t,wtdor stroll ba
entetlod to collect in such proG eft atl a xpeates of foatim^ iachtdit but not III to, M6asonablo
aumleve fees, amd Oom Pf dmwucotary tvideuco, aI and title mporh.
It Norrowtet's XW W PAbIML Notwidtetw l,edet's 6coolcuil aft of the Krms scoand by this
mmpgc due to Sarm et's broach, bmr?wr dab have the right to horror airy procaedhtp bWm by Landon w
enforce this Monpgv Oradinaed AEAny tine prior to st least one hour betbre the CoAmr0lt96rterit of bidding d
a sod (Rs"or otlwr mkpxmmt 10 this Marl W it (a) Bammw pays Lmd w all mom wbieri would be
ebeppiitti lMotti tai lrt 'ldtifyti{ilijy tbraoe`atiii?s'WiiO 'Oractrowirooateiiried tln dih Mo"pp
add in dtdbocirq L awfift ilrl to prover w in pWew* l9 berwt', tael hk& bw sot BRI IN IF a I - Ale
mtprrwW loss, and (d) Bamwer Mks ouch Wm as Larder mq rmonlI bty regWm to =on !At the I" of
thin Mactpae, Lcnder'a Manor in Me Property mtd Boeawar's obb ptm to pay the awtms wooled by dds
MotigWge tihsll covJam makepaited. Up0a eneh paytttsid std tune by Borrower, this MorfM sad the
obtiptim moos tsd fwrsby ehetli tWmairt ih fitU f0egs sad etteet ss if m tpxtertttiWn trod eooWrred
M. Aselignu m arRm1K Appdalmar of Reaft r, LmmW is PwAsuba. As oddMWW soweity
hcrauades, Boarorver bmtl y a d ju to Laldw die rents of dto hap" pwv" dw Dam ma tthtt L prior to
occolmim trader pwagrqb I? beepf or aba4amm m of the Properly, hour the Nsht to c011aat sad alfalfa tarcb
tents m dray bocoteto duo and payable.
Upon scock mOm udor pWtgpph 17 hwwf or obwWmmm of the Proporty, (.e Ww. M pemoM. by
agent at by judicial y appoiaM rooeivet *ail k enthled b aortas upoa, tfix poaemeim of sad swap rho
Pmwiy sod to oo0m the taus of do Proprty WIudbtp time past doe. All amts odbomd by L mmkr or die
toccivor LUN be applied fiat to paymnd of Go cosh of m rmwo"m of the Pmpaq sad coNecttoaa of hasp.
intriadisg, but not limited 1% mxtvWs feet, ptoaodtam?s as tooelva bomb mwd raaao mbb sttn rAW fool, mW
III w dw rom v u vd by this MaWS& Lender and dte receiver shad be lMk to mcomt oily for dxw rents
saualiy twivea.
14. RdvIt . Upon payumd of #11 sutra wuved by thk Mortipp. Lender shall dischup this M"ape
W*M1 chirp to 8orrowor, emower Adl pay di costs of mcordadm if any.
21. tatoest Rata Alttr JmlerMtnl. Omrtnmor mgroes dta dw istt:sest rate payable siicr ajudpmcm m
cAas W on the Note op in tat whoti ofmortpge famiumv,hall be ebc rate stated in tho Note.
RzQVXsT FOR NMCR OF DBFAVLT
¦
1 ',
OHM
Sormrat sod Le odw regM1 the laelderr of any mm"I , dmd of %us% at adw u w mtbra m with a lice
which hae ptim* vvw this Mtuyap to give Notice w Leader, at l•.uader's address set firth on p W tore of this
Mort okp, of any dofbnlt seder the superior mmumbranee and of ituy ode or odrer fomlomm action.
t't:NNsr1.V401A SUARM MORTt:Ar:E
pw I Of6
F" my
M -7NOMTtrrA
8K 19:50% 39.3:1
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W9 d UM019410d 96LO SJOV << 0OS-£59-LLL Aor 1NnOii-6Z6ZSJ9V ZV£L EZ-10-90OZ
----- F&at•a Et:=ET EC-PO-Soot
r
IN WITNESS WHERSOF, oocmwer Uas exeeuted and aakwwledaW mceipi of this hg*q e.
_....... t?+n (soon
til~ A uae?vv? •Bo SUW
{ '3M)
-t???n?? •t?e.rwa
(6.sp (San
-*mom
a" of
NOW
. .. 7 4?.1?'i?IOfQTfit9e• ? -
dw ttttdwi4mW ofll0at, l Ily ? ?• ?f ?
LNOWS to the (or aotafactonly proved) b bo to petwa(:) whM tea) tnbac*W to the
whhin loshu mnt and wknowkW that hc/dmA* CK cNtad do mm for the jou"m ht:roin
cowmioed.
IN WITNIMS WHEREOF, I toueto sot my turd ate Wricial seal.
My Commusiou Expires:
:ritte orooko
sty Commiuiv¦ 94 ' n P
After R wdirtg Rrtwo To: EQUITY ONE, INC 8t a Pibic
P* so
970 Lp[1t CS RD. amutnDtorl?D tf,
YORK, FA 1904 7 ??ooWonatsaa?
CERTIFICATE OF RESIDUNCF
t, STEPH= A. SYUORKO
,?.ddre? a? tltnrt?ad l k Q 7, 0. to
Mom any hand this dar Cf j%Y ?
fWW LYAl1U?SLC0"DM0XTt:AGE
do homby cw* that Ow earawt
???.; R•?.. X?$?C ? Phi '17¢{1 .. " .: ..
2006.
rvre 3m
tw 60(6
H01-2marro-PA
4103
Wl9.5O'PG3.93Z
%/6 d UM049110d 91L0 SISd c< £ho5-£59-11L Aor 1NnoN-6Z6ZSJSv ZV£1 £2-10-9042
EXHIBIT A
ALL THAT CRRTAIIa•PROPERTY SITUATED IN THE TOWNSHIP OF LOWER
ALLEN IN THE COLWY OF CUMBERLAND AND COMMONWEALTH OF
PMWSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED
08/15/2000 AND RECORnED CA/23/2000, AMONG THE LAND RECORDS
OF THE COMM AND STATE SET FORTH VIOVE, IN DEED VOLUME 22'1
AND PAGE 917.
ADDRESS: 55 DREXEL PL.: NEW CUMBERLAND, PA 17070
OR PARCEL ID NO.: 13-25-0008-002A U2-5S-1
TAX MAP
SK 19501x63933
WOL d UMOIS4404 9LL0 SJDV << M -W-L4L Aor AnOH-QRS19V 2ML EZ-70-800?
- -- r ..c • V C4-LL LC-70-800t
1-4 FAMILY RID R
(AwipOMs(Rtott)
THIS 1.4 FAWLY RIDER is ara&this ......,#P..... day of Mgy,,Z?,,,,a
and u itmpocacod isw and sW be domed to amend end swkmtnt rite Many, Desa or
7tust, or Secanry DW (tie *So=* is ") Of tie !rims d* giros by tie =dmiStted
(the "Bovowet") to w&xc H nrrowces Now to ......................... t GQ!k, M,l9aR?!11 ?.................
1lxQ.LRUak?tlRi .YfidS.P.I!+.?.Zf _.. .... ... .......
(tk "Leader") of *e mm dote and CoY the PmPeny dWribod bt the Security 1>3atrraneat
astd locatod at:.. .t)!!! ! IPI.. N.14!N.. . PA.f.TO ............................................. .
$ g
td dl# t . SA toL=.
To TEE TNSTRUIti>d r. in
AMID" to at crap m aeea mm m aoa
"Whed to ow Properly to *0 extent fty
t4 tie?Q ill ? wk% 6
vulooea of VAPhiNg ;
or a cat
in to
or
Wei im?txaoco u
'r0 RIONSSTTAT?
xcw ua of tfm
C me Oww as ittmut now or
we ad&d to thtr deaaril
r ??
??Y, 1vaAet. air aed
occon oomrot alga, pimnt
A be desmed to be ad twin a pmt of am
i
vii ' , Ba sMA pt most, V e is
t19
amdd law Bwmvw #W1 qpm* jjj !'ltWty *iftat m=w
owl maintain itist mace apinst rent lass in
rmWmd by Suefta I
E" DR1.le<'TED. Sadon 19 is deleted.
Fadtr_04 qqmw odmwiso AFreo in writing.
l j $MtOwCr ab anli &WW sW VMWh[i W I.MKW 115 64 or IMCEN%14 LffmwR IN
rttrts and mvcwm (1te nts") of die Property, ragWiem of to Acm the Items of ft Property an
R«.ltto 1M
MULTWA1 #'1.a PAW-'V 1tM . taaW MgIRblMib rlso pMIF01tM INet111NttilfT K Q Z A 0
a.m... avZOOK w w. a,. awe. N, "14 FAtA WON ?tpeav " //I-
UK 135OP63934
It/LL d UM0451104 9UO 949V « 2"S-E59-11L Or 1HnOW-6Z6ZSJ9V ZZZ£L 9-10-VOOZ
___- -- OU9409LVT FLETC £zret t:e-fo-goot
to Umder or
of an "dam
u ttro out¢?ft r
tfmtnt; N) L
L.w1w or Leader's to culled tho Rentz. and thtt vich
Ry Me Rams to rw-tv IA&&rs However=,,or abed"
der hog given k: m kx of df tilt Ii gwmt 71 of
0 Law* bas tto4oa to the 9 the Ram are to be
gent.
se0utTba+i<y only. avidly. of Bentr wnwns an abwiuec amipmat
?o?rE
ASK to Hoarowor: 0) all Rants waived by Borrower ahliil be hold
a beneSt of UWar only, to bes"Net! to do :arcs sex o0 the
ler " be entltlod to 001W atid= $a of the t?t9 0l" ebe
I Ow suk :meat of tha provuly nay A Rom gla sad unsu;a
am antn4a 10; late. reortws an, pn MMM on reoM+R 1 boadL Iftor and
ntsiri0wanoe cow. 'araaoe p emblup. IMAM nast®mtr trod ckaegM ca t4ar,
and in to the at" tech by the 4aaait - I" rams* (y) t,noder'= 289100 of low
ju lkily MWWad NA4;+w Jolt be Sable to ?r0u for Doty I Ftxivcd; add
y t Lelkwr wad a llo be the to biro a to tab po01et9;oa of .md meow the
fs dariv,?tlw pruparty WOMB* wr,y drawing as b
tits e?ey of o do a wivily.
[rru=of iba are am suilieiart to cover tbt eves of C*Joa ccaW of and
rnsnglag as Prt>party? the Rank any &1* Muded b!V der for wall
pupom D ? bat' g to tail"dam of to [.eider soctmd by dw Seew lty InWment
Borrower rapreseals aid warmana Bottawer has ma oxv owd any amfpnaau of dw
Raw and hat not pwbswd. OW will out perform, toy act dw would jmwant Lender 8om
exeetdsug As riaader 11lis paragraph
garrower. fbwe r, Leoda, or LmWw% sq
arty tune wbeo a de:Amk ooeua, Any s?5
invaitdaia any offer right oOM C
tcrLirCR WNWA LT S
agrotooW m wVch Dander hu = iMaae
Lender awy revoke any of the ra n"es perm
poizMed vo, dWi not be
& ow
to ?I to
? betbre or afkt ',r8 WOOD Of
O
-??r rec'"r. amy do so at
ofofuxmtt? Ad f M o of wave my da buit or
Property sb9!!
r Instr waft are paid Mal.
wit's de tO or breach jyder any iota
Security Iat?tntm?dtt?"tmly intdrtrttrcnt And
BY SIGNINO BELOW, Borrower accepts and agrees to the terms and visio n. couttuned in
this 1.4 Family Rider.
`.... ................. ;
............................ ::..:.....................
4kwftw
INATISTAW 14 PMWy ftMR • F1IIIn14M M4q tlMMW1M {N91tt1aAr1RY
$~ #70M. 60, SL Cbwk MM ftM 1-4 M" ItOMM
M(f.950PJ393.5
7414t d urtaxsIlod 91,10 SJSV << £V0S-£59-1L1
Form 0174 1101
~ 4 or?pwv
Aor !MOW-6z62SJDV ZVEL R-10-8002
- -- ---- UMAUVa-o GoCIFAVY TLETZ £StET EL-tD-Soot
[dtACe Abovo M Lie Vw Rea!rdbnt Data
THIS CONIX)MINWM RIDER k Rode 4" 42th day of May, 2005
. trnd if iewrltorlted ina nnod i>twf! bw dretm to sowed aed supple aW the
Moe?c, Dowd of Ttust ar 5cwurity Deod (tt?e "$wcwlity LnsirurtYttnt") of tlne Isaans tilte. ?vvM? hY the utndMtipned
(thy "Betrower`) to scan norowat's Note to 6"1 Ond, Hmwwraw
(the "Lcntlwr°) of the MIIDC 4" VW oovan M *0 pm" dvsCt%W M dw Sm tly iNit UMW end iweetwd aM
85 E)MX l PI , New CutnbaritW, PA 17070
trwwrfy AdMnq
The PtO"rty In KWR A anit in. V94dw with OR W4vxted inn W in The cMin tt ekmoob n[, a aa>amk ium
projM known as;
FOXLEA PHASE 01
tM+re. or co.doaiiduu nh,r+„q?
(dw "Condominium ftpw"), if the owoea associsdon or odw ts>ojy 1 idd acts fur the Candaatwum Project
(the "Owners Aueei M7) hnW lido to Propatlr for the betw& or we of is maims or *AnA m, dte
TMMV alto inCh*$ Botrwtrt s IIIW ' to ttq Owmstt Assab ww ad tbw tuns, prpeoods Md bow is of
Bortbvw s innrtod.
COMMPAI MM CQVZ VAMM. In eddidft to tho owoo* and w m M meds, is aw Swwwity
Insttumook Bmawa and L utdor ftvOw voveow and apes #6 totowa:
A. Ct "ONMM OMipsioar. B)o WAW ahlil W foam OR of BWMWW$ ob *Nboos Oder. rbo
DDOMMM
iC Hnalnd h mnaft So WV m tltC thrum Auoomfi a nwimiM, wgh a i> ' a mmod IlntAn nqo
cwFlar. a "raloW or'btwekW pWiey em tlw CondOmi.km Pr jm which is w&f w" to LmAwr sand w1jolt
provkkx imumKe cown m in titw efgwmtw, for Ow pwrialt, end po nit dw tauds LaWwf rw rm!s,
M VLTWATB tttiCOMO MORTCAGS CONDO WPM
rbsw I o! 1
Fcrs S1N
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iscluding fire and heauds fndv&d vridfit the fetes "nte WW covaraW dw&
(I) Leader wAivea tilt p6whilm in Uatibft Cavasrnt 2 for the monthly inyasont to Leader or *c
Y?ly;> ittsldirtherdt for i,At?i inatt[anee oa the rfopaty; anti
(ii) Honpwel'a owip m whdet uniforal Covoum s to rmiatain herald k nm covOtw on
Me Pteperty is dwmW adisfiO to the extent that die efgnifrd coverage is pmgvWW by the NMI Aftwolation
Policy-
8orethwar >tttall give Lon t pra pt notice of any bpm m "*uvd ha"W tsa vw4 covmV.
in ttte event of a dwmju n of 1?>tmaed ftmw ace peooaeda in lin of teamadtm or repair f dk wiag a lost
to the rtopaty, .vlAdw to tilt unit or to tcemanoa done*", MY prnoreda Pagable b Bonoaar we horsb'y naaigtted
and stall be paid to Lender for applicatidt to *4 aunna neottrad by the Saewity lntswwlaottt, wilt Any a'totse paid to
8otrowof
C. Fo k Llabifity lavarnnee. Bonoyra shell take such sdiuas ae may be roaaomble to kwutm that tlk
owom A oodatioe maidhhiaa a Public tialOW ins verve policy woopt ble in f smti mew, and extant of
&wim a to Under.
p. Conk spades. Tho proceeds of any atvved or elaha for dahitagea, direr or owmeporOol, prp6k to
gormwer im ootatoetioa wish arty >sorulica a atlhnx Wtitte oP d I or>wy pwt of ills , trMAlwB. laef dW3 Prior Cievieed. BwowOr nuts not, LOW aft notice to Labdet and wish Gender's prior
written Car ML dito Mr"M or abdivide the PMFWy nt oofreat hoc
(i) the abodmta m at tennization ofthe CwWominium Project. accept for abandounmot or
wathtat m rogttlned by lax in llhe care of aubataabol die nWan by tine or other c" alty or in the ease of t hddag
by candau"Won of omium domain;
(ii) any atnodmvet to any provision of tie Comtiment Documents if the ptwvtaion is for the
express bmeflt of Laredo;
(iii) mmination ofysufasiond m•asS meat and aanvWtlon of sdr-m nageatent of the Owns"
Aswistion; or
(iv) say Anion which would have tht offact of madena dw public liability msuta„ce covor fte
maintained by dw Ownen Aaacciation unacceplable to Lander.
!R. Rea w dtea• if Bmnowor does pot pay coadowinhoa dose and Wa rsenis when titre. Om Lawler may
pay item Any amounts dkbunad by Lender tads, dhla pw*Sn plh F stbalt become additionsi debt of D"ww&
aemood by tie Sam* lamtttnra t. Wont Ow mw and Lendst &wee to odor tame of piqu a n, this woouats
shad bar werest ftm the dw of dlabt>rs ms At the Now ram said gob be payxbfa, with *Aw*at. open nofiee
from under to Banower regaestin, f psynwt.
BY sjoNjt4o BeLow, smo%w accepu and agora to d?e temte and ptovis ene contained is this Coodon0nium
Rider.
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1
EXHIBIT "D"
Prepared by: J. Lesinski/NTC,2100 Alt.
. 19 North, Palm Harbor, FL 34683
(800)346-9152
i
Return To:
AMERICAN GENERAL FINANCE, INC.
C/O NTC 2100 Alt. 19 North
Palm Harbor, FL 34683
Loan #: 900249404
Effective: 02/29/08
UPI#:
ASSIGNMENT OF MORTGAGE
FOR GOOD AND VALUABLE CONSIDERATION, the, sufficiency of which is hereby acknowledged, the
undersigned, EQUITY ONE, INCORPORATED, WHOSE ADDRESS IS 301 LIPPINCOTT DRIVE,
MARLTON, NJ 08053, (ASSIGNOR), by these presents does convoy, grant, sell, assign, transfer and set over
the described mortgage together with the certain note(s) described therein together with all interest secured
thereby, all liens, and any rights due or to become due thereon to AMERICAN GENERAL FINANCIAL
SERVICES, INC., WHOSE ADDRESS IS 410B W MAIN ST, MOUNT JOY, PA 17552-1222, ITS
SUCCESSORS OR ASSIGNS, (ASSIGNEE). said mortgage dated 05/12/2006, in the amount of $35,000.00
made by ROBERT A. HENSLEY to EQUITY ONE, INCORPORATED recorded on , in the Office of the
Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book 1950, Page 3927 (or Document No. )
Mortgage Premise: 55 DREXEL PL.ITWP. OF LOWER ALLEN
NEW CUMBERLAND, PA 17070
In Witness whereof, the said Corporation has caused this instrument to be executed in its corporate name by
CRYSTAL, MOORE its VICE PRESIDENT and authorized signer, THIS 27TH DAY OF FEBRUARY IN THE
YEAR 2008 EQUITY ONE, INCORPORATED
BY:
CRYST ORE VICE PRESIDENT
Illill Ilih OIII IIIII Illll Illi? IINI IIII (III EQAGA 8454408 CJ 1754014 N4
fnnn5/PRM PA I
Loan Number 900249404
STATE OF FLORIDA COUNTY OF PINELLAS
On 02/27/2008, before me, BRYAN J. BLY the Undersigned, Notary Public, personally appeared CRYSTAL
MOORE who acknowledged to be the VICE PRESIDENT of EQUITY ONE, INCORPORATED a corporation,
and that s/he as such, being authorized so to do, executed the foregoing instrument for the purposes therein
contained, by signing the name of the corporation by themselves as such corporate officers. IN WITNESS
WHEREOF, I hereunto set rgy hand and official seal.
BRYAN J. BLY Notary
My commission expires:
Assignment of Mortgage
EQUITY ONE, INCOl31'
(ASSIGNOR),
to:
9 n J. Bly
'•.' Notary Public, State of Florida
F Commission # DD 699055
Explras Jut))= 0't , 20'11
R.4ed Tfim-, !? Ihi6i?al Notary Assn.
TED, WHOSE ADDRESS IS 301 LIPPINCOTT DRIVE, MARLTON, NJ 08053,
AMERICAN GENERAL FINANCIAL SERVICES, INC., WHOSE ADDRESS IS 410B W MAIN ST, MOUNT
JOY, PA 17552-1222, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE).
Mortgagor: ROBERT A. HENSLEY
When Recorded Return To:
AMERICAN GENERAL FINANCE, INC.
CIO NTC 2100 Aft. 19 North
Palm Harbor, FL 34683
All that certain lot or piece of ground situated in
Mortgage Premise: 55 DREXEL PL.jTWP. OF LOWER ALLEN
NEW CUMBERLAND, PA 17070
CUMBERLAND
(Borough or Township, if stated), Commonwealth of Pennsylvania.
Being more particularly described in said mortgage.
I , do certify that the address of the above assignee is: AMERICAN GENERAL
FINANCIAL SERVICES, INC., WHOSE ADDRESS IS 410B W MAIN ST, MOUNT JOY, PA 17552-1222,
ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE).
*8454408* EQAGA 8454408 CJ1754014 N4
A,mdlFRMP 1 f
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200806996
Recorded On 3/10/2008 At 10:33:11 AM
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 15972 User ID - MSW
* Mortgagor - EQUITY ONE INC
* Mortgagee - AMERICAN GENERAL FIN SER INC
x Customer - NATIONWIDE
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $27.00
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
°e cty
s ^?
o (?
RECORDER O D EDS
trso
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
iiuuciiu
EXHIBIT "E"
Date: January 11, 2008
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM
FORECLOSURE
amen ofacnotice that P
The HOMBOWbIER'S MORTGA EHg2=AP) Ma be able to help to save Your home.
Qfd1W0Wt1Ce MD works.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECTA SU DERECHO A CONI7NUAR VIVIHNDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NMMCAC ON OB IENGA UNA TRADUCCION INMEDITAMENTE LIAMANDO ESTA AGENCIA
/yPENNSYLVANIA HOUSING FINANCE AGENCCY? SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER EIEGBLE PARA UN
CRESTAMO POR ELPROGRAMA IlAMADO ELCUALPUEDE SALVAR SU CASADE LA PERDIDADELDERECHO A REDIMIR SU HB'OTECA.
HOMEOWNER'S NAME(S): Robert A. Hensley
PROPERTY ADDRESS: 55 Drexel Place, New Cumberland Lower Allen Township, Cumberland County, PA 17070
LOAN ACCT. NO.: xxxxx9404
ORIGINAL LENDER: _ Bouity One. Incorporated
CURRENT LENDERISERVICER: p uity Ou2 lavoreQmted
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
FROM
Y Y
IF YOU COMPLY WIIH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY ASSISTANCE ACT OF 1983 (TILE 'ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
' IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL
• IF YOU HAVE A REASONABLE PROSPECT OF BEANO ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTAB[ (SHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY
?y gTAY OF FORfiSrl?f Ste- Under the Act, you are entitled to a temporary stay
mortgage for 0)) ddays om a ate o t price. During that time you must arrange and attend a
with one of the consumer credit counseling agencies listed at the end of this Notice MUETING M
El &IQ -If you meet with one of the consumer credit counseling agencies
may NUr take action against you for ti* (30) days after the date of this meeting.
j ISOfd ? a gg ram r credit con n_ iin_¢ Rae j t= fOr the CO?„tY A the
0 Oh °?re. t is only necessary to schedul a one tace-ttmg. Advise your
YOU H FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW
THE OTHER PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
k=QX --Available funds for emergency mort gage assistance are very limited. They will be disbursed by
the Agency un er the e 8ibi 'ty criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days
to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you
if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance
Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS
NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.)
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at:
55 Drexel Place New Cumberland, Lower Allen Township Cumberland County. PA 17070
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
October 17. 2007 - December 17, 2007 - $413.30 per month
TOTAL AMOUNT PAST DUE: $1,749.85
B YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counselingg Agency may be able to help explain it. You may aLgo want to contact an
attorney in your area. he local bar association may be able to help you find a lawyer.
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1.749.85• PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must
be made either by cash cashier's check cextLed check or money order made payable and sent to:
Equity One Incorporated
Attn: Sybill Zola. Operations Manager
129 North Warren Street
West Hazleton. PA 18202
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:
(Do not use if not anglicable)
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this
Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding
balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the tender also intends to
instruct its attorneys to start legal action to foreclose upon your mortgaged properly.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings
against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However,
if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) AY period you will not be mgui era to gay attorney's fees
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other stuns
due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAi?--If you have not cured the default within the THIRTY (30)
DAY period and foreclosure proceedings have begun, you still have the right to cure the defult aced prevent the sale at any ti_7ne
gun to one hour before the Sher Ws Sale You may do so by pA ng the total amunt then oast due. plus any late or other charges
then due reasonable attorney's fees and costs connected with the foreclosure && and aov other costs ggaW&W with the Sheri?'s
Sale as armed in writing by the lender and by performing any other reQg{roments under the mortgage. Curing your default
in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFFS SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the
mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the
actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase
the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Enuity One Incorporated
Address: 129 North Warren Street
West Hazleton PA 18202
EFFECT OF SHERIFFS SAl_R--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property
and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your
furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE--You ! may or X may not (CHECK ONE) sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs
are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
" TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
s TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES
SERVING CUMBERLAND COUNTY
Adams County Interfaith Housing Authority CCCS of Western PA
40 East High Street 2000 Linglestown Road
Gettysburg, PA 17325 Harrisburg, PA 17102
(717) 334-1518 (888)511-2227
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Loveship, Inc. Maratha
2320 North 5" Street 43 Philadelphia Avenue
Harrisburg, PA 17110 Waynesboro, PA 17268
(717) 232-2207 (717) 762-3285
PHFA
211 North Front Street
Harrisburg, PA 17110
(717) 780-3940
(800) 342-2397
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M . ,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NO.
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
ROBERT A. HENSLEY,
Defendant
COMPLAINT
LAW OFFICES
CHARITON & SCHWAGER
138 SOUTH MAIN STREET
P.O. BOX 910
WILKES-BARRE, PA 18703-0910
PHONE: (570) 824-3511
FAX: (570) 824-3580
P:\DES\AG\DOCS\COMPLAINIIHENSLEY
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-03679 P
COMMONTWEALTH'OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AMERICAN GENELAL FINANCIAL SER
IVs
HENSLEY ROBERT A
R. Thomas Kli
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
HENSLEY ROBERT'i A
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT HENSLEY ROBERT A
f
NOT FOUND , as to
55 DREXEL PLACE
NEW CUMBERLAND,I?PA 17070
I
Sheriff's Costsk So an rs:
Docketing 18.00
Service 18.00
Affidavit .00 R. Tliomas Kline
Surcharge 10.00 er ff of Cumberland County
Not Found 5.00
/(;7 51.00 / RITON & SCHWAGER
??? 18/2008
Sworn and Subscribed to be ore
me this c ay of
i
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-03679 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCIAL SER
VS
HENSLEY ROBER'T' A
R. Thomas K1
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for t
TENANV OCCUP
within named DEFENDANT
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
the within named DEFENDANT TENANT/OCCUPANT
55 DREXEL PLA
, NOT FOUND , as to
NEW CUMBERLAND) PA 17070
Sheriff's Cost4: So answ
Docketing 6.00
Service 18.00
Affidavit .00 Thomas line
Surcharge 10.00 er' f of Cumberland County
Not Found 5.00
39.OO/C ITON & SCHWAGER
/18/ 008
7/
Sworn and Subscribed to before
me this day of
A.D.II
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
NO. 3679 CIVIL 2008
PENNSYLVANIA RULES OF CIVIL PROCEDURE 410(c) and 430(a)
Plaintiff, American General Financial Services, Inc. ("American"), by its attorneys, Chariton
& Schwager, hereby moves this Honorable Court pursuant to Pennsylvania Rules of Civil Procedure
410(c) and 430(a) for leave to serve the Complaint in the above-captioned action and any other
Pleadings, Notices, Writs, or other documents related to this action and required by the Pennsylvania
Rules of Civil Procedure to be served upon Defendant, Robert A. Hensley, pursuant to Special Order
of Court and, in support of this Motion, submits the following:
1. On June 20, 2008, American instituted this action in mortgage foreclosure against
Defendant, Robert A. Hensley, and real estate situate at 55 Drexel Place, New Cumberland, Lower
Allen Township, Cumberland County, Pennsylvania ("Mortgaged Premises")
2. The Sheriff of Cumberland County notified American that it was unable to serve the
Complaint upon Defendant, Robert A. Hensley, at his last known address.
3. On the Cumberland County Sheriff s numerous attempts at service, the Sheriff was
unable to accomplish service on Defendant, Robert A. Hensley, at 55 Drexel Place, New
Cumberland, Lower Allen Township, Cumberland County, Pennsylvania.
P: \AMGEN\DOCS\SPECSERV \HENSLEY
4. In support of this Motion, American incorporates by reference an Affidavit executed
by Christopher R. Rohr, Branch Manager for American, stating that the whereabouts of Defendant,
Robert A. Hensley, are unknown.
5. A proposed special service Order is attached to this Motion.
WHEREFORE, Plaintiff, American General Financial Services, Inc., requests that this
Honorable Court enter a Special Order of Court granting leave to serve the Complaint in the above-
captioned action and any other Pleadings, Notices, Writs, or other documents related to this action
and required by the Pennsylvania Rules of Civil Procedure to be served upon the Defendant, Robert
A. Hensley, by posting a copy of the Complaint or other document on the most public part of the
mortgaged premises located at 55 Drexel Place, New Cumberland, Lower Allen Township,
Cumberland County, Pennsylvania, and by mailing a copy of the Complaint or other documents by
first class mail, postage prepaid, to Defendant's last known address, 55 Drexel Place, New
Cumberland, Pennsylvania 17070-2204.
CHARITON & SCHWAGER
BY:
I'Savid E. c wager, Esquire
Supreme urt I.D. No. 52683
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
(570) 824-3511
Fax: (570) 824-3580
E-mail: desacharitonschwa eg r.com
Attorneys for Plaintiff
American General Financial Services, Inc.
PAAMGEN\DOCS\SPECSERV\HENSLEY
AMERICAN GENERAL FINANCIAL IN THE COURT OF COMMON PLEAS
SERVICES, INC.,
OF CUMBERLAND COUNTY
Plaintiff
CIVIL ACTION - LAW
V. IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant NO. 3679 CIVIL 2008
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LANCASTER
Christopher R. Rohr verifies that he is Branch Manager for American General Financial
Services, Inc. ("American"), Plaintiff in this case; that, as such, he is authorized to make this
Affidavit on its behalf; and states the following:
1. On June 20, 2008, American instituted this action in mortgage foreclosure against
Defendant, Robert A. Hensley, and real estate situate at 55 Drexel Place, New Cumberland, Lower
Allen Township, Cumberland County, Pennsylvania ("Mortgaged Premises").
2. The Sheriff of Cumberland County notified American that it was unable to serve the
Complaint upon Defendant, Robert A. Hensley, at his last known address.
3. On the Cumberland County Sheriffs numerous attempts at service, the Sheriff was
unable to accomplish service on Defendant, Robert A. Hensley, at 55 Drexel Place, New
Cumberland, Lower Allen Township, Cumberland County, Pennsylvania.
4. I have made or caused to be made a diligent search and inquiry as to the whereabouts
of Defendant, Robert A. Hensley, (1) by examining local telephone directories, voter registration
records, local tax records, and motor vehicle records, (2) by inquiring of any relatives, neighbors,
friends, and/or employers of Defendant, Robert A. Hensley, whose identities were known to
Plaintiff, if any, and (3) by inquiring of postal authorities pursuant to the Freedom of Information
Act, 39 C.F.R. part 265.
P: \AMGEN\DGCS\SPECSERV\HENSLEY
5. As a result of such search, the last known address of Defendant, Robert A. Hensley,
is 55 Drexel Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania,
but Plaintiff has not been able to ascertain the present whereabouts of Defendant, Robert A. Hensley,
and therefore, Plaintiffhas been unable to effect service upon Defendant, Robert A. Hensley, without
obtaining a Special Order of Court.
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 in this Affidavit
are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities.
"?- b
Christop r R. Rohr, Branch Manager
}1,
Dated: August n 2008
PAAMGEN\DOCS\SPECSERV\HENSLEY
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
NO. 3679 CIVIL 2008
On June 20, 2008, American instituted this action in mortgage foreclosure against Defendant,
Robert A. Hensley, and real estate situate at 55 Drexel Place, New Cumberland, Lower Allen
Township, Cumberland County, Pennsylvania ("Mortgaged Premises")
The Sheriff of Cumberland County notified American that it was unable to serve the
Complaint upon Defendant, Robert A. Hensley, at his last known address. On the Cumberland
County Sheriffs numerous attempts at service, the Sheriff was unable to accomplish service on
Defendant, Robert A. Hensley, at 55 Drexel Place, New Cumberland, Lower Allen Township,
Cumberland County, Pennsylvania.
American filed a Motion for Service Pursuant to Special Order of Court accompanied by an
Affidavit by Christopher R. Rohr, Branch Manager for American, stating that American had made
the following efforts and inquiries to determine the whereabouts of Defendant, Robert A. Hensley:
(1) Examining the following likely sources of information (a) local telephone directories,
(b) voter registration records, (c) local tax records, and (d) motor vehicle records,
PAAMGEN\DOCS\SPECSERV\HENSLEY
RULES OF CIVIL PROCEDURE 41U(c) and 43u(a)
(2) Inquiring of relatives, neighbors, friends and/or employers of Defendant, Robert A.
Hensley, whose identities were known to Plaintiff or readily ascertainable, if any, and
(3) Inquiring of the postal authorities pursuant to the Freedom of Information Act, 39 C.F.R.
part 265.
Despite the above efforts, Plaintiff does not know the present whereabouts of Defendant,
Robert A. Hensley.
Discussion and Law
The Pennsylvania Rules of Civil Procedure, Rule 400 et seq., establish the methods of service
for various civil actions in Pennsylvania.
These Rules were substantially amended effective January 1, 1986. 15 Pennsylvania Bulletin
2452 et seq. (July 6, 1985).
Pa. R.C.P. No. 410 sets forth the methods of service to be used in Real Property Actions
including actions of mortgage foreclosure. Pa. R.C.P. No. 410(a) states that "in actions involving
title to, interest in, possession of, or charges or liens upon real property, original process shall by
served upon the Defendants in the manner provided by Pa. R.C.P. No. 400 et seq." Pa. R.C.P. No.
410(c) further provides that "if service is made pursuant to an Order of Court under Rule 430(a) the
Court shall direct one or more of the following methods of service:
(1) publication as provided by Rule 430(b),
(2) posting a copy of the original process on the most public part of the property,
(3) registered mail to the Defendant's last known address, and
(4) such other methods, if any, as the court deems appropriate to give notice to the
defendant."
Under Pa. R.C.P. No. 76, "registered mail" for purposes of the Pennsylvania Rules of Civil
Procedure shall mean either registered mail or certified mail.
P:\AMGEN\DOCS\SPECSERV\HENSLEY
In cases where service cannot be made under the other applicable Rules of Civil Procedure,
a plaintiff has recourse to Pa. R.C.P. No. 430 which provides:
"(a) If service cannot be made under the applicable rule the plaintiff may
move the court for a special order directing the method of service.
The motion shall be accompanied by an affidavit stating the nature
and extent of the investigation which has been made to determine the
whereabouts of the defendant and the reasons why service cannot be
made."
The note accompanying Pa. R.C.P. No. 430(a) gives further guidance on what constitutes a
"good faith effort" to discover the whereabouts of a defendant before invoking the provisions of Pa.
R.C.P. No. 430 for service pursuant to special order of court. This note provides:
"A sheriffs return of "not found" or the fact that a defendant has moved without
leaving a new forwarding address is insufficient evidence of concealment. Gonzales
v. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption
mailed to last known address requires a "good faith effort" to discover the correct
address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976).
"An illustration of a good faith effort to locate the defendant includes (1) inquiries
of postal authorities including inquiries pursuant to the Freedom of Information Act,
39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the
defendant(s), and (3) examinations of local tax records, and motor vehicle records."
In this case, the affidavit submitted by American recites that each of the inquiries and
examinations noted in the illustration in the note to Pa. R.C.P. No. 430(a) has been made.
Conclusion
For the reasons set forth above in this Memorandum of Law, American's Motion for a Special
Order of Court authorizing alternative means of service should be granted.
BY:
Dated: August , 2008
David E. Schger, Esquire
Attorneys for Ilaintiff
American General Financial Services, Inc.
P AAMGEN\DOCS\SPECSERV \HENSLEY
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AMERICAN GENERAL
FINANCIAL SERVICES,
INC.,
Plaintiff
IN TOURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ROBERT A. HENSLEY, :
Defendant NO. 08-3679 CIVIL TERM
ORDER OF COURT
AND NOW, this 18'' day of August, 2008, upon consideration of Plaintiff's
Motion for Service Pursuant to Special Order of Court in Accordance with Pennsylvania
Rules of Civil Procedure 410(c) and 430(a), it is ordered and directed that Plaintiff may
serve the Complaint upon the Defendant by (1) mailing a true and correct copy of the
complaint by certified mail and regular mail, to Defendant's last known address at 55
Drexel Place, New Cumberland, Pennsylvania 17070-2204, service to be complete upon
mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of
general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at
55 Drexel Place, New Cumberland, Pennsylvania 17070-2204.
SUBSEQUENT papers may be served by regular mail to Defendant at the
aforesaid Drexel Place address with service to be complete upon mailing.
BY THE COURT,
/David E. Schwager, Esq.
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
Attorney for Plaintiff
A
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AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendant NO. 3679 CIVIL 2008
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly "Reinstate" the Complaint filed in the above-captioned action in Mortgage
Foreclosure.
CHARITON & SCHWAGER
BY:
DAVID E. S AGER, ESQUIRE
Attorneys for aintiff
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
(570) 824-3511
Fax: (570) 824-3580
E-mail: des@charitonschwager.com
URL: www.charitonschwager.com
Attorneys for Plaintiff
American General Financial Services, Inc.
PAEQ\DOCS\REINSTATE\HENSLEY
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AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NO. 3679 CIVIL 2008
CERTIFICATE OF SERVICE
David E. Schwager certifies that on August 2008, pursuant to Special Order of the
Court of Common Pleas of Cumberland County, he served true and correct copies of the attached
Order, Motion, Affidavit, and Memorandum of Law on Defendant, Robert A. Hensley, by first class
mail, postage prepaid, at his last known address, 55 Drexel Place, New Cumberland, Pennsylvania
17070-2204.
RESPECTFULLY SUBMITTED,
CHARITON & SCHWAGER
By:
15avid E. chwager, Esquire
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
(570) 824-3511
Fax: (570) 824-3580
Attorneys for Plaintiff
American General Financial Services, Inc.
P AAMGEN\DOCS\SPECSERV \HENSLEY
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03679 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCIAL SER
VS
HENSLEY ROBERT A
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
HENSLEY ROBERT A
the
DEFENDANT , at 1930:00 HOURS, on the 3rd day of September, 2008
at 55 DREXEL PLACE
NEW CUMBERLAND, PA 17070
PROPERTY POSTED AT 55 DREXEL
by handing to
PLACE PER COURT ORDER
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
Posting
Surcharge
Postage
9 ? b g' D Y ?'?"^
18.00
17.00
6.00
10.00
59
5
59
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
09/04/2008
CHARITON & SCHWAGER
B
D pu y S eri f
of A. D.
a? l! t
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
September 5, 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.
/e,---
Osa Marie Coyn , Editor
SWORN TO AND SUBSCRIBED before me this
5-day of September, 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
. r2. . OW
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas
of Cumberland County
Civil Action-Law
NO. 08-3679 CIVIL TERM
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
ROBERT A. HENSLEY,
Defendant
IN MORTGAGE FORECLOSURE
NOTICE
TO: ROBERT A. HENSLEY
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 ap-
pearance 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 RE-
DUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
(717) 249-3166
DAVID E. SCHWAGER,
ESQUIRE
Attorney for Plaintiff
American General Financial
Services Inc.
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
Phone: (570) 824-3511
Fax: (570) 824-3580
E-mail:
des@charitonschwager.com
Sept. 5
2
r
T
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid,
being duly sworn, deposes and says that THE SENTINEL, a newspaper of general
circulation in the Borough of Carlisle, County and State aforesaid, was established
December 13th, 1881, since which date THE SENTINEL has been regularly issued in
said County, and that the printed notice or publication attached hereto is exactly the
same as was printed and published in the regular editions and issues of
THE SENTINEL on the following day(s):
August 29, 2008
COPY OF NOTICE OF PUBLICATION
c
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rtt
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true.
C/*
Sworn to and subscribed before me this
Notary Public
My commission expires:
NOTARIAL SEAL
BONM A CANUP
Notary PUb C
CARI ISLE BOROUGH. CUMBERLAND COUMY
My CommMion Expkes Jun B, 2009
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
Defendant
NO. 3679 CIVIL 2008
CERTIFICATION OF SERVICE
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
David E. Schwager certifies that, on August 27, 2008, pursuant to the Order, dated August
18, 2008, of the Court of Common Pleas of Cumberland County, he served a true and correct copy
of the Complaint upon Defendant, Robert A. Hensley, by certified mail, return receipt requested, and
by first class mail, postage prepaid, at his last known address, 55 Drexel Place, New Cumberland,
Pennsylvania 17070-2204, a true and correct copy of the certified mail receipt being attached to this
Certification as Exhibit "A" and incorporated into this Certification by reference.
ER
BY:
IN MORTGAGE FORECLOSURE
David E. SchvJ ger, Esquire
Supreme Court I.D. No. 52683
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
(570) 824-3511
Fax: (570) 824-3580
E-mail: des@charitonschwager.com
URL: www.charitonschwager.com
P: \AMGEN\DOCS\SPECSERV\HENSLEY
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AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NO. 08-3679 CIVIL TERM
PRAECIPE FOR JUDGMENT FOR FAILURE
TO ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Please enter Judgment in favor of Plaintiff and against Defendant for failure to answer to
Plaintiffs Complaint within twenty (20) days from the date of service of Plaintiffs Complaint and
assess Plaintiffs damages as follows:
1. Principal and
Interest to 10/07/2008 $40,233.70
2. Reasonable Attorneys' Fees $ 6,035.05*
Real Debt $46,268.75*
together with per diem interest accruing at the rate of $12.45 per day from October 7, 2008,
through to the date of any Sheriffs Sale pursuant to the Judgment demanded in this Praecipe, all
additional reasonable attorneys' fees, costs of suit and money expended by Plaintiff in payment of
taxes, sewer and water rents, claims or charges for insurance or repairs, and any and all other
expenses made by Plaintiff pursuant to the rights and privileges granted under the terms of the
subject Mortgage; and for foreclosure and sale of the Mortgaged Property
*includes all collection costs including court costs, foreclosure costs, and reasonable
attorneys' fees. The actual amount may be higher.
P:\DES\CLIENTSWG\DOCSWDG\EE;NSLEY
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Pursuant to Pennsylvania Rule of Civil Procedure No. 237.1, the undersigned hereby certifies
that on September 26, 2008, written Notice of Intention to File a Praecipe for Default Judgment was
sent to Defendant, ROBERT A. HENSLEY, via first class mail, postage prepaid ("Notice"). A true
and correct copy of the Notice is filed of record in this case and is incorporated into this Praecipe by
reference as though the Notice were set forth at length in this Praecipe.
CHARITON & SCHWAGER
BY: Gel
David E. Sch ger, Esquire
Supreme Court I.D. No. 52683
Attorneys for Plaintiff
DATED: November 5 , 2008
ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES
AND NOW, November 2008, Judgment is entered in favor of Plaintiff and against
Defendant and damages are assessed in the amount of $46,268.75*, together with per diem interest
accruing at the rate of $12.45 per day from October 7, 2008, through to the date of any Sheriff s Sale
pursuant to this Judgment, all additional reasonable attorneys' fees, costs of suit and any money
expended by Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance
or repairs, and any and all other expenses made by Plaintiff pursuant to the rights and privileges
granted under the terms of the subject Mortc!ate- and for foreclosure and sale of the Mortgaged
Property. --- ---- -
*includes all collection costs including court costs, foreclosure costs, and reasonable
attorneys' fees. The actual amount may be higher.
,yfa?, & Ad, -. I P
PROTHONOT n?'Q
P:\DES\CLIENTS\AG\DOCSUUDG\BENSLEY
r
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
NO. 08-3679 CIVIL TERM
AFFIDAVIT OF DEFAULT
CHRISTOPHER R. ROHR verifies that he is the Branch Manager of AMERICAN
GENERAL FINANCIAL SERVICES, INC., Plaintiff in this case; that as such, she is authorized to
make this Affidavit and is familiar with the facts contained in this Affidavit; that a Judgment will
be entered in favor of Plaintiff and against Defendant for failure by Defendant to file an Answer to
Plaintiff s Complaint within twenty (20) days from the date of service of Plaintiff s Complaint, in the
amount of $46,268.75*, including principal, interest, and reasonable attorneys' fees, the Praecipe and
Entry of Judgment filed in this case being by reference incorporated into and made a part of this
Affidavit; and that such Judgment has not been satisfied and, therefore, as of October 7, 2008, there
is due and owing to Plaintiff, the sum of $46,268.75*, including principal, interest and reasonable
attorneys' fees, plus per diem interest accruing at the rate of $12.45 per day from October 7, 2008,
through to the date of any Sheriffs Sale pursuant to the Judgment in this case, all additional
reasonable attorneys' fees, costs of suit, and any monies expended by Plaintiff in payment of taxes,
sewer and water rents, claims or charges for insurance or repairs.
*includes all collection costs including court costs, foreclosure costs, and reasonable
attorneys' fees. The actual amount may be higher.
The facts set forth in this Affidavit of Default are true and correct to the best of her
knowledge, information and belief; and this statement is made subject to the penalties of law
contained in 18 Pa.. C.S. Section 4904 relating to unsworn falsification to authorities.
(Q1 ?. No.,
C 'stopher R. Rohr
Dated: October ?, 2008
P.\DESICLIENTS\AG\DOCSVUDG\BENSLEY
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
NO. 08-3679 CIVIL TERM
AFFIDAVIT OF NON-MILITARY SERVICE AND
CERTIFICATION OF LAST KNOWN ADDRESS OF
DEFENDANT AND PLAINTIFF
Christopher R. Rohr verifies that he did, upon request of AMERICAN GENERAL
FINANCIAL SERVICES, INC., investigate the status of ROBERT A. HENSLEY, Defendant in this
case, with regard to the Servicemembers Civil Relief Act and the Soldiers' and Sailors' Civil Relief
Act of 1940 and that he made such investigation personally; that he has been informed and your
affidrA, avers that he is not now, nor was he within a period of three (3) months last, in the military
or nay4service of the United States within the purview of the Soldiers' and Sailors' Civil Relief Act
of 19; and that the last known address of said Defendant is 55 Drexel Place, New Cumberland,
Lower Allen Township, Cumberland County, Pennsylvania 17070-2204; and that the last known
address of said Plaintiff is 410B West Main Street, Mount Joy, Lancaster County, Pennsylvania
-r 17552-1222
The facts set forth in this Affidavit of Non-Military Service and Certification of Last Known
Address of Defendant and Plaintiff are true and correct to the best of her knowledge, information and
belief; and this statement is made subject to the penalties of law contained in 18 Pa. C. S. Section
4904 rellaring to unsworn falsification to authorities.
Au, 'H
'CH1kIST PHER R. ROHR
Dated: October 2008
P:\DES\CLIENTS\AG\DOCSUUDG\FENSLEY ? w:yy
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AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
Defendant
TO: Robert A. Hensley
55 Drexel Place
New Cumberland, PA 17070-2204
DATE OF NOTICE: September 26, 2008
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NO. 08-3679 CIVIL TERM
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 BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
(717) 249-3166
BY:
C 6I &(SCHWAGER
DAVID E. SCAGER
Supreme Court I.D. 52683
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703
(570) 824-3511
Attorneys for Plaintiff
P 1DES\EQI\DOCS\IO-DAY NOTICE HENSLEY
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AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
V.
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
NO. 08-3679 CIVIL TERM
NOTICE OF ENTRY OF JUDGMENT
TO: ROBERT A. HENSLEY
55 Drexel Place
New Cumberland, PA 17070-2204
PLEASE TAKE NOTICE that on the (Q t'? day of November, 2008, AMERICAN
GENERAL FINANCIAL SERVICES, INC., Plaintiff in this case, caused the entry of a Judgment
upon Default to be filed against you in this Court and to the term and number of this case, in the
principal sum including interest of $40,233.70, plus reasonable attorneys' fees in accordance with
the terms of the subject mortgage in the amount of $6,035.05*, for a total judgment of $46,268.75*,
together with per diem interest accruing at the rate of $12.45 per day from October 7, 2008, through
to the date of any Sheriff s Sale pursuant to such Judgment, all additional reasonable attorneys' fees,
costs of suit and any money expended by Plaintiff in payment of taxes, sewer and water rents, claims
or charges for insurance or repairs, and any and all other expenses made by Plaintiff pursuant to the
rights and privileges granted under the terms of the subject Mortgage; and for foreclosure and sale
of the Mortgaged Property.
*includes all collection costs including court costs, foreclosure costs, and reasonable
attorneys' fees. The actual amount may be higher.
Attached to, and incorporated into, this Notice by reference is a copy of the Entry of
Judgment and Assessment of Damages filed to the above-captioned term and number.
PROTHONOTARY OF CUMBERLAND COUNTY
? -P Law
BY:
Dep ft 6
P:\DES\CLIENTSWG\DOCSUUDG\HENSLEY
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
PA R.C.P. 3180-3183
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
vs.
ROBERT A. HENSLEY
To the Prothonotary:
Issue writ of execution in the above matter.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 3679 Term 2008 J.D.
No. Term 2008 E.D.
Principal and
Interest to 10/07/2008 $40,233.70
Reasonable Attorneys' Fees $ 6.035.05*
TOTAL $46,268.75* and costs**as endorsed.
"Together Together with per diem interest accruing at the rate of $12.45 per day from October 7,
2008, through to the date of any Sheriffs Sale pursuant to the Judgment entered in this case, all
additional reasonable attorneys' fees, costs of suit and any money expended by Plaintiff in payment
of taxes, sewer and water rents, claims or charges for insurance or repairs, and any and all other
expenses made by Plaintiff pursuant to the rights and privileges granted under the terms of the
subject Mortgage. -* see bail
*includes all collection costs including court costs, foreclosure costs, and reasonable
attorneys' fees. The actual amount`,imay be higher.
CHARIT N & SCHWAGER
BY: )0J
vid E. Wager. Esquire
Supreme Court I.D. No. 52683
Attorney for Plaintiff
P:IDESICLIENTS\AG\DOCS\JUDG\HENSLEY
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AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendant NO. 08-3679 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
AMERICAN GENERAL FINANCIAL SERVICES, INC., 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 55 Drexel Place, New Cumberland, Lower Allen Township,
Cumberland County, Pennsylvania, the same being more particularly described in the attached
Exhibit "A".
1. Name and address of Owner(s) or Reputed Owner(s):
Name
Robert A. Hensley
2. Name and address of Defendant(s) in the judgment:
Name
Robert A. Hensley
Address
55 Drexel Place
New Cumberland, PA 17070-2204
Address
55 Drexel Place
New Cumberland, PA 17070-2204
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Address
None
PAEQ 1 \DOCS\3129\HENSLEY
4.
5.
6.
7.
Name and address of the last recorded holder of every mortgage of record:
Name
American General Financial Services, Inc.
Address
510B West Main Street
Mt. Joy, PA 17552
Mortgage Electronic Registration Systems, Inc.
P.O. Box 2026
Flint, MI 48501-2026
Name and address of every other person who has any record lien on their property:
Name
None
Address
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
Aegis Mortgage Corporation
d/b/a New America Financial
Address
3910 Kirby Drive, Suite 300
Houston, TX 77098
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
Bonnie K. Miller
Lower Allen Township Tax Collector
Lower Allen Township Authority
Lower Allen Township Refuse
Cumberland County Tax Claim Bureau
Address
2233 Gettysburg Road
Camp Hill, PA 17011
120 Limekiln Road
New Cumberland, PA 17070
2233 Gettysburg Road
Camp Hill, PA 17011
1 Courthouse Square
Carlisle, PA 17013
Domestic Relations Section
Cumberland County Court of Common Pleas
Commonwealth of Pennsylvania
Department of Revenue
Commonwealth of Pennsylvania
Department of Public Welfare
13 North Hanover Street
Carlisle, PA 17013
Bureau of Compliance
Department 280946
Harrisburg, PA 17128-0946
33 Westminster Drive
P.O. Box 599
Carlisle, PA 17013-0599
PAEQ1 \DOCS\3129\flENSLEY
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 in this Affidavit
are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
CHARITON & SCHWAGER
DATED: November , 2008
By:
DAVID E. S WAGER, ESQUIRE
Attorneys for Plaintiff
American General Financial Services, Inc.
PAEQ 1\DOCS\3129\HENSLEY
C?
1't1:33
- 't7
i R . 0
SHERIFF'S SALE DESCRIPTION
By virtue of a Writ of Execution No. of 2008, issued out of the Court of
Common Pleas of Cumberland County, directed to me, there will be exposed to public sale, by
vendue or outcry to the highest and best bidder, for cash, in the Cumberland County Courthouse,
in the City of Carlisle, Cumberland County, Pennsylvania, on Wednesday, March 4, 2009, at
10:00 a.m., in the forenoon of the said day, all the right, title and interest of the Defendant in and
to:
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements
thereon erected, situate in the Township of Lower Allen, County of Cumberland and
Commonwealth of Pennsylvania, being more fully described on that certain As Built Plan of
Foxlea Residential Community Village One, Phase I, Lower Allen Township, Cumberland
County, Pennsylvania, as prepared by Gerrit J. Bentz Associates, Inc., Engineers and Surveyors,
dated October 6, 1976, and last revised March 19, 1977, as recorded in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, on March 23, 1977, in Plan Book 26, at
Page 50, which Plan is herein incorporated by reference as if hereto attached, as Unit Number 55
in Building "I" consisting of 5796 square feet and described on said As Built Plan as metes and
bounds which description is likewise herein incorporated by reference.
BEING the same premises conveyed to Robert A. Hensley by Deed of Jean R. Miller and
Gary T. Miller, husband and wife, dated August 15, 2000, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 227, at Page 917.
The County Parcel Number for the above-described parcel is 13-25-0008-002A U155-1.
PREMISES improved with a single family frame dwelling more commonly known as 55
Drexel Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania.
UNDER and SUBJECT to the same reservations, conditions, restrictions, covenants,
exceptions and easements as appear in prior chain of title.
TOGETHER with all buildings and improvements thereon.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest, that the Sheriff will
within thirty (30) days after the sale file a schedule of distribution in his office, where the same
will be available for inspection and that distribution will be made in accordance with this
schedule unless exceptions are filed to it within twenty (20) days or within twenty (20) days after
the Sheriffs Sale if no schedule of distribution need be filed.
SEIZED AND TAKEN into execution at the suit of AMERICAN GENERAL
FINANCIAL SERVICES, INC. against ROBERT A. HENSLEY, and will be sold by:
R. THOMAS KLINE
Sheriff of Cumberland County
CHARITON & SCHWAGER
Attorneys
EXHIBIT "A"
PAEQ 1 \DOCS\3129\HENSLEY
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
: CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
NO. 08-3679 CIVIL TERM
NOTICE OF SHERIFF'S SALE
OF
REAL ESTATE
TO: ROBERT A. HENSLEY, Defendant in this case and owner of the Real Estate
described in this Notice; NOTICE IS HEREBY GIVEN that by virtue of the Writ of Execution
issued under the Judgment in this case, directed to the Sheriff of Cumberland County, there will be
exposed to public sale, by vendue or outcry to the highest and best bidder, for cash, in the
Cumberland County Courthouse, in the City of Carlisle, Cumberland County, Pennsylvania, on
Wednesday, March 4, 2009, at 10:00 o'clock a.m., Eastern Time, in the forenoon of the said day, all
your right, title and interest in and to ALL that certain piece or parcel of land situate at 55 Drexel
Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania, the same being
more particularly described in the Sheriff's Sale Description attached to and incorporated into this
Notice.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest, that, within thirty (30)
days after the sale, the Sheriff will file a schedule of distribution in his office, where the same will
be available for inspection and that distribution will be made in accordance with this schedule unless
exceptions are filed to it within twenty (20) days or within twenty (20) days after the Sheriff s Sale
if no schedule of distribution need be filed.
CHARITON & SCHWAGER
BY:
E. S4h)vager, Esquire
Supreme Cart I.D. No. 52683
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
Attorneys for Plaintiff
P:?DESICLIENTSIAG\DOCSVUDGViENSLEY
SHERIFF'S SALE DESCRIPTION
By virtue of a Writ of Execution No. of 2008, issued out of the Court of Common
Pleas of Cumberland County, directed to me, there will be exposed to public sale, by vendue or
outcry to the highest and best bidder, for cash, in the Cumberland County Courthouse, in the City
of Carlisle, Cumberland County, Pennsylvania, on Wednesday, March 4, 2009, at 10:00 a.m., in the
forenoon of the said day, all the right, title and interest of the Defendant in and to:
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon
erected, situate in the Township of Lower Allen, County of Cumberland and Commonwealth of
Pennsylvania, being more fully described on that certain As Built Plan of Foxlea Residential
Community Village One, Phase I, Lower Allen Township, Cumberland County, Pennsylvania, as
prepared by Gerrit J. Bentz Associates, Inc., Engineers and Surveyors, dated October 6, 1976, and
last revised March 19, 1977, as recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, on March 23, 1977, in Plan Book 26, at Page 50, which Plan is
herein incorporated by reference as if hereto attached, as Unit Number 55 in Building "I" consisting
of 5796 square feet and described on said As Built Plan as metes and bounds which description is
likewise herein incorporated by reference.
BEING the same premises conveyed to Robert A. Hensley by Deed of Jean R. Miller and
Gary T. Miller, husband and wife, dated August 15, 2000, and recorded in the Office of the Recorder
of Deeds in and for Cumberland County in Deed Book 227, at Page 917.
The County Parcel Number for the above-described parcel is 13-25-0008-002A U155-1.
PREMISES improved with a single family frame dwelling more commonly known as 55
Drexel Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania.
UNDER and SUBJECT to the same reservations, conditions, restrictions, covenants,
exceptions and easements as appear in prior chain of title.
TOGETHER with all buildings and improvements thereon.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest, that the Sheriff will
within thirty (30) days after the sale file a schedule of distribution in his office, where the same will
be available for inspection and that distribution will be made in accordance with this schedule unless
exceptions are filed to it within twenty (20) days or within twenty (20) days after the Sheriff s Sale
if no schedule of distribution need be filed.
SEIZED AND TAKEN into execution at the suit of AMERICAN GENERAL FINANCIAL
SERVICES, INC. against ROBERT A. HENSLEY, and will be sold by:
R. THOMAS KLINE
Sheriff of Cumberland County
CHARITON & SCHWAGER
Attorneys
P:\DES\CLIENTS\AG\DOCSUUDG\BENSLEY
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-3679 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICAN GENERAL FINANCIAL SERVICES,
INC., Plaintiff (s)
From ROBERT A. HENSLEY
(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 $46,268.75
L.L. $.50
Interest from 10/07/08 at rate of $12.45 per day to date of sale
Atty's Comm % Due Prothy $2.00
Atty Paid $270.59 Other Costs to be determined
Plaintiff Paid
Date: 11/19/08 /s
Curl' R. Long, Prothonota
(Seal) By:
Deputy
REQUESTING PARTY:
Name: DAVID E. SCHWAGER, ESQUIRE
Address: CHARITON & SCHWAGER
138 SOUTH MAIN STREET
PO BOX 910
WILKES-BARRE, PA 18703
Attorney for: PLAINTIFF
Telephone: 570-824-3511
Supreme Court ID No. 52683
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
Defendant
NO. 08-3679 CIVIL TERM
AFFIDAVIT OF SERVICE
The undersigned, being duly sworn according to law, does hereby state that he is a person
of such age and discretion as to be competent to serve papers; that on November Z2008, he
served a Notice of Sheriff s Sale of Real Estate pursuant to Pennsylvania Rules of Civil Procedure
3129.2, inter alia, describing the property to be sold, its location, the improvements, if any, the
judgment of the court on which the sale is being held, the name of the owners, and the time and place
of sale by placing same in a post paid envelope first class mail, addressed to the persons who are
named in this Affidavit, who are or may be lienholders on the real estate subj ect to sale, at the places
and addresses stated below, by delivering said envelopes and contents to a United States Postal
Service employee at a United States Post Office in Wilkes-Barre, Luzerne County, Pennsylvania and
obtaining Certificates of Mailing for the Notices. Copies of the Certificates of Mailing are attached
to this Affidavit, marked Exhibit "A", and incorporated into this Affidavit by reference.
The facts set forth in this Affidavit of Service are true and correct to the best of his
knowledge, information and belief; and this statement is made subject to the penalties of law
contained in 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Names
Mortgage Electronic Registration Systems, Inc.
Aegis Mortgage Corporation
d/b/a New America Financial
Bonnie K. Miller
Lower Allen Township Tax Collector
Lower Allen Township Authority
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Addresses
P.O. Box 2026
Flint, MI 48501-2026
3910 Kirby Drive, Suite 300
Houston, TX 77098
2233 Gettysburg Road
Camp Hill, PA 17011
120 Limekiln Road
New Cumberland, PA 17070
P:\EQ 1 \DOCS\3129\HENSLEY
Lower Allen Township Refuse
Cumberland County Tax Claim Bureau
Domestic Relations Section
Cumberland County Court of Common Pleas
Commonwealth of Pennsylvania
Department of Revenue
Commonwealth of Pennsylvania
Department of Public Welfare
2233 Gettysburg Road
Camp Hill, PA 17011
1 Courthouse Square
Carlisle, PA 17013
13 North Hanover Street
Carlisle, PA 17013
Bureau of Compliance
Department 280946
Harrisburg, PA 17128-0946
33 Westminster Drive
P.O. Box 599
Carlisle, PA 17013-0599
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 in this Affidavit
are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
CHARITON & SCHWAGER
By:
DAVID E. CHWAGER, ESQUIRE
P:\EQ 1 \DOCS\3129\HENSLEY
EXHIBIT "A"
ZWUNITICSTATES
• Certificate Of Mailing
Tnis Cam1c9a of MCNnGG tt+d•s avidn. T9meY lies Doan pnsanl•d IO USPSe
nis farm may DS PSed I« Eama9ic -.0-tanel met I«me,irp
From: CHAkTON
-6
STREET
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PO. BOX 910 al'
WILKES-BARRE, RA 18703- !j
? g.
Ta, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
P.O. BOX 2026 _
1
FLINT, MICHIGAN 48501-2026 i
PS Form 4011, Apra <UVY r?rv Yaw-u<-wl.ouv? ' ..J ?-
-.Yar -?:rtrt%q rrf
"UANMSTATES
POsuL5wr
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Certifica te Of Mailing m°
Tr,ocadIM1CMa of Meii ttwids widow T9 n D,•n lm,aangd
Tnis r«m msvD• used`Nr«' dam•9c •nd at-load ell,. to USPSe HK msYin°
From: CHARMN R, CHk ?AGE
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13g S. MAIN E4TRE ?`
?'?/y ?,d
P
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.
WILKES-BARRE, PA 18 0 j
To: BONNIE K. MILLER P
LOWER ALLEN TOWNSHIP
TAX COLLECTOR -
2233 GETTYSBURG ROAD
CAMP HILL, PA 17011 -
PS Fam 3817, Apra 2007 PSN 7530-02.000.9065 + L t!
t._-._._....._.,*._-I r.
umiwszw s
P057USERVe:E• Certificate Of Mallln
Tms Cemfi,g• of .'IV 1,•mdn. not an. nas D••n a•wMad to J" w I..,
Tnr lam mw Ds.ad aTe9c ettl irtesManel met.
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P.O. W[lx g1? ,..?F • ? P F
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WILKES-BARRE, PA 18703-08
T.:
LOWER ALLEN TOWNSHIP REFUSE
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2233 GETTYSBURG ROAD
CAMP HILL, PA 17011 p
PS Farm 3817. Apra 2007 PSN 7530-02-0048065 h3
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P.O. Box 81
WILKES-BARRE, PA 1870 - 4
a
TO AEGIS MORTGAGE CORPORATION d/b/a `SPS
NEW AMERICA FINANCIAL
3910 KIRBY DRIVE
-
I
SUITE 300 cq; ,t
HOUSTON, TEXAS 77098
PS Form 3817, Apra 2007 PSN 7o3u-u2-uuLLauoo 1 m , + "
AYrtY;;?yYYr rtY lo,
a?• Certificate Of Mallinc
Tnrbm?fi yl uuCl«d°?om'ai wq aoloo. mNO°•n a•aenlad to USPS•ar meting
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WILKES-BARRE, PA 18703.08 1
LOWER ALLEN TOWNSHIP AUTHORITY
\r
120 LIMEKILN ROAD
NEW CUMBERLAND, PA 17070
PS Form 3817, Apra 2007 PSN 7530-02-000.906 - [,3 ILA
5
"AffEmmma•
Certificate Of Meiling
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TAX CLAIM BUREAU -
ICOURTHOUSESQUARE
CARLISLE, PA 17013 _
0
PS Form 3817, Apra 2007 PSN 7S3V-u<-wuauo? •Y4uG•m. m Y•rt,;
?LNSMSIDTES It.. _
PCISM1,816KE• Certificate Of Wiling ??`• CertlfioaUMMelling m:PwY+.aFasMmd«
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Frem: CHARITON & From: R
138 S. MAIN STR 139 a IN era ET
6 4.A'9
Roo SM 810 P.O. BOX 910
10j1 WILKES-BARRE, PA 18703-081
To '. DOMESTIC RELATIONS SECTION F 20 c ? Ta. COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY - V SPA DEPARTMENT OF REVENUE - ` aD
COURT OF COMMON PLEAS _ BUREAU OF COMPLIANCE
13 NORTH HANOVER STREET DEPARTMENT 280946 _-„
CARLISLE, PA 17013 - i HARRISBURG, PA 17128-0946 -
i
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WILKES-BARRE, PA 18703-081
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF PUBLIC WELFARE -
33 WESTMINSTER DRIVE _
P.O. BOX 599
CARLISLE, PA 17013-0599 -
PS Fpm 3817, April 2007 PSN 7530-02-000-9065 ,. n'•v ?arrV Yr+•+ _....
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AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
CIVIL ACTION - LAW
IN A40RTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
The undersigned, being duly sworn according to lave
of such age and discretion as to be competent to serve paper
served a Notice of Sheriff s Sale of Real Estate pursuant to 1
3129.2, inter alia, describing the property to be sold, its lc
judgment of the court on which the sale is being held, the nary.
of sale by placing same in a post paid envelope first class n
named in this Affidavit, who are or may be lienholders on the
and addresses stated below, by delivering said envelopes a
Service employee at a United States Post Office in Wilkes-Ba
obtaining Certificates of Mailing for the Notices. Copies of t
to this Affidavit, marked Exhibit "A", and incorporated into
INTO. 08-3679 CIVIL TERM
, does hereby state that he is a person
that on December 1 ( , 2008, he
ennsylvania Rules of Civil Procedure
-ation, the improvements, if any, the
of the owners, and the time and place
ail, addressed to the persons who are
real estate subject to sale, at the places
id contents to a United States Postal
re, Luzeme County, Pennsylvania and
ie Certificates of Mailing are attached
this Affidavit by reference.
The facts set forth in this Affidavit of Service are true and correct to the best of his
knowledge, information and belief, and this statement is made subject to the penalties of law
contained in 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Names
Foxlea Homeowners Association
I verify that the statements made in this affidavit
personal knowledge or information and belief. I understand
are made subject to the penalties of 18 Pa. C.S. §4904 relating
Sterling Property Management
7 Lincoln Street
wlisle, PA 17013
true and correct to the best of my
at false statements in this Affidavit
unsworn falsification to authorities.
& SCHWAGER
IN TH COURT OF COMMON PLEAS
O CUMBERLAND COUNTY
By:
DAVID
CHWAGER, ESQUIRE
PAEQ 1\DOCS\3129%MNSLEY
EXHIBIT "A "
11-..
UNTEDSTATES
PQSTALSERVICE• Certificate Of Mailing °,,
This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing
Ths form may be used for domestic and international mad.
,
From: CHARITON R SCHWAG ER
138 S. MAIN STREET
P.O. BOX 910
To: FOXLEA HOMEOWNERS ASSOCIATION
c/o STERLING PROPERTY
MANAGEMENT, INC. e
337 LINCOLN STREET
\
P --
'
CARLISLE, PA 17013 - -
PS Form &511, April 2007 PSN 7530-02-000-9065 -
UNITMSTAM
POSMSORICE° Certificate Of Mailing
This Certificate of Mailing provides evidence that mail has been presented to USPS® formailing
This form may be used for domestic and international mail
From: CHAR, 1 ON [Y ESCHWe
^"?R
138 S. MAIN STREET
P.O. BOX 910
WILKES-BARRE, 1 0
To: FOXLEA HOMEOWNERS ASSOCIATION
c/o STERLING PROPERTY
MANAGEMENT, INC. ?? I I
337 LINCOLN STREET
CARLISLE, PA 17013
WE
PS Form 3F39 7, y WE, April 2007 PSN 7530-02-000-9065
yam'=?w?y! ..-r
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AMERICAN GENERAL FINANCIAL IN
SERVICES, INC.,
Plaintiff
V. :
IN
ROBERT A. HENSLEY,
Defendant
AMERICAN GENERAL FINANCIAL SERVICES,
forth as of the date the Praecipe for the Writ of Execution
concerning the real property located at 55 Drexel Place, New
Cumberland County, Pennsylvania, the same being more 1
Exhibit "A".
1. Name and address of Owner(s) or Reputed Owner(s)
Name
Robert A. Hensley
2. Name and address of Defendant(s) in the judgment:
Name
3
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
ORTGAGE FORECLOSURE
08-3679 CIVIL TERM
NC., Plaintiff in the above action, sets
was filed the following information
'-umberland, Lower Allen Township,
articularly described in the attached
i Drexel Place
ew Cumberland, PA 17070-2204
Robert A. Hensley 5 Drexel Place
New Cumberland, PA 17070-2204
Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Address
None
P:\EQ 1\DOCS\3129\HENSLEY
4. Name and address of the last recorded holder of every mortgage of record:
5.
Name
American General Financial Services, Inc.
Mortgage Electronic Registration Systems, Inc.
Name and address of every other person who has
I OB West Main Street
It. Joy, PA 17552
.O. Box 2026
lint, MI 48501-2026
record lien on their property:
6
7
Name
None
Name and address of every other person who has
whose interest may be affected by the sale:
Name
Aegis Mortgage Corporation
d/b/a New America Financial
Name and address of every other person of whom t
interest in the property which may be affected by t
Name
Bonnie K. Miller
Lower Allen Township Tax Collector
Lower Allen Township Authority
Lower Allen Township Refuse
Foxlea Homeowners Association
Cumberland County Tax Claim Bureau
Domestic Relations Section
Cumberland County Court of Common Pleas
Commonwealth of Pennsylvania
Department of Revenue
Commonwealth of Pennsylvania
Department of Public Welfare
record interest in the property and
Address
3910 Kirby Drive, Suite 300
3ouston, TX 77098
Plaintiff has knowledge who has any
sale:
Gettysburg Road
Hill, PA 17011
20 Limekiln Road
few Cumberland, PA 17070
233 Gettysburg Road
;amp Hill, PA 17011
/o Sterling Property Management
37 Lincoln Street
'arlisle, PA 17013
Courthouse Square
'arlisle, PA 17013
3 North Hanover Street
'arlisle, PA 17013
of Compliance
rent 280946
arg, PA 17128-0946
•3 Westminster Drive
'.O. Box 599
?arlisle, PA 17013-0599
PAEQ I \DOCS13129\HENSLEY
I verify that the statements made in this affidavit
personal knowledge or information and belief. I
are made subject to the penalties of 18 Pa. C.S. §4904
true and correct to the best of my
that false statements in this Affidavit
unworn falsification to authorities.
& SCHWAGER
DATED: December l 1 , 2008
By:
DAVID E.JSCHWAGER, ESQUIRE
for Plaintiff
General Financial Services, Inc.
P:\EQ 1 \DOCS\3129\HENS LEY
By virtue of a Writ of Execution No. of 2(108, issued out of the Court of
Common Pleas of Cumberland County, directed to me, them will be exposed to public sale, by
vendue or outcry to the highest and best bidder, for cash, in he Cumberland County Courthouse,
in the City of Carlisle, Cumberland County, Pennsylvania, on Wednesday, March 4, 2009, at
10:00 a.m., in the forenoon of the said day, all the right, titl and interest of the Defendant in and
to:
ALL THAT CERTAIN lot or piece of ground with t
thereon erected, situate in the Township of Lower Allen, Cc
Commonwealth of Pennsylvania, being more fully describer
Foxlea Residential Community Village One, Phase I, Lowei
County, Pennsylvania, as prepared by Gerrit J. Bentz Assoc
dated October 6, 1976, and last revised March 19, 1977, as 1
of Deeds in and for Cumberland County, Pennsylvania, on l
Page 50, which Plan is herein incorporated by reference as i
in Building "I" consisting of 5796 square feet and described
bounds which description is likewise herein incorporated by
ie buildings and improvements
unty of Cumberland and
on that certain As Built Plan of
Allen Township, Cumberland
ates, Inc., Engineers and Surveyors,
ecorded in the Office of the Recorder
larch 23, 1977, in Plan Book 26, at
'hereto attached, as Unit Number 55
on said As Built Plan as metes and
reference.
BEING the same premises conveyed to Robert A. Hensley by Deed of Jean R. Miller and
Gary T. Miller, husband and wife, dated August 15, 2000, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 227, at Page 917.
The County Parcel Number for the above-described
PREMISES improved with a single family frame d
Drexel Place, New Cumberland, Lower Allen Township, (
UNDER and SUBJECT to the same reservations,
exceptions and easements as appear in prior chain of title.
TOGETHER with all buildings and improvements
is 13-25-0008-002A U155-1.
more commonly known as 55
and County, Pennsylvania.
itions, restrictions, covenants,
NOTICE IS HEREBY GIVEN to all claimants and p irties in interest, that the Sheriff will
within thirty (30) days after the sale file a schedule of distrib tion in his office, where the same
will be available for inspection and that distribution will be m ade in accordance with this
schedule unless exceptions are filed to it within twenty (20) lays or within twenty (20) days after
the Sheriffs Sale if no schedule of distribution need be filed.
SEIZED AND TAKEN into execution at the suit of
FINANCIAL SERVICES, INC. against ROBERT A. HEN',
R. TH(
Sheriff
RICAN GENERAL
, and will be sold by:
AS KLINE
Cumberland County
& SCHWAGER
EXHIBIT "A"
PAEQ 1 \DOCS\3129\HENSLEY
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AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
NO. 3679 CIVIL 2008
CERTIFICATE OF SERVICE
David E. Schwager certifies that, on January 23, 2009, pursuant to the Order, dated
August 18, 2008, of the Court of Common Pleas of Cumberland County, he served true and correct
copies of the Writ of Execution and Notice of Sheriffs Sale to be held on March 4, 2009, upon
Defendant, Robert A. Hensley, by first class regular mail, postage prepaid, at his last known address,
55 Drexel Place, New Cumberland, Pennsylvania 17070-2204.
RESPECTFULLY SUBMITTED,
CHARITON & SCHWAGER
By: _ 9"9
David E. Sch er, Esquire
138 South M ' Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
(570) 824-3511
Fax: (570) 824-3580
Attorneys for Plaintiff
American General Financial Services, Inc.
P: \AMGEN\DOCS\SPECSERV \HENSLEY
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?,3 •K:.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Zkgler. Recorder of Deeds in and for said County and State do hereby certify that .
the Sheriff's Deed in which AMERICAN GENERAL CONS DISC CO is the grantee the same having
been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ
Execution issued on the 19TH day of NOV, A.D., 2008, out of the Court of Common Pleas of said
County as of Civil Term, 2008 Number 3679, at the suit of AMERICAN GENERAL FIN SERV INC
against ROBERT A HENSLEY is duly recorded as Instrument Number 200913038.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this d day of
A.D. 0 61-0
o6, C'Z"rWW CO"- CO", PA
E*N ft Fiat Mondoy of im 2010
American General Financial Services, Inc.
VS
Robert A. Hensley
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-3679 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Robert A.
Hensley, but was unable to locate him in his bailiwick. He therefore returns the within
Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant,
Robert A. Hensley. Thirteen service attempts were made, but no one would answer the
door.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that
on January 15, 2009 at 1700 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 Robert
A. Hensley located at 55 Drexel Place, New Cumberland, 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: Robert A. Hensley, by regular mail to his last known address of 55
Drexel Place, New Cumberland, PA 17070. This letter was mailed under the date of
January 22, 2009 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 March 4, 2009 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney David Schwager, on behalf of, American General Consumer
Discount Company, of, 410 B West Main Street, Mount Joy, PA 17552 being the buyer
in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,403.97
Sheriffs Costs:
Docketing $30.00
Poundage 27.53
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 76.50
Levy 15.00
Surcharge 20.00 Y
Law Journal 545.00
Patriot News 509.42
Share of Bills 15.52
Distribution of Proceeds 25.00
Sheriff s Deed 49.50
$ 1,403.97
So Answers:
1. Thomas Kline, S en
By OLIa-
Real Estate Coordinator
vy'SAPAI-
sro
(je 6 '?
-) d?ra3d
FILEa-01i !
OF THE ?'f-)`17? \n?'T,?Y
2009 APR 24 All 9.5 A
GL?fv° :lJNIf P
i-'ENN,>;'f Ai A
r ,
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
ROBERT A. HENSLEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NO. 08-3679 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
AMERICAN GENERAL FINANCIAL SERVICES, INC., 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 55 Drexel Place, New Cumberland, Lower Allen Township,
Cumberland County, Pennsylvania, the same being more particularly described in the attached
Exhibit "A".
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
Robert A. Hensley 55 Drexel Place
New Cumberland, PA 17070-2204
2. Name and address of Defendant(s) in the judgment:
Name Address
Robert A. Hensley 55 Drexel Place
New Cumberland, PA 17070-2204
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Address
None
PAEQ 1\DOCS\3129\HENSLEY
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
American General Financial Services, Inc. 510B West Main Street
Mt. Joy, PA 17552
Mortgage Electronic Registration Systems, Inc. P.O. Box 2026
Flint, MI 48501-2026
5. Name and address of every other person who has any record lien on their property:
Name
None
Address
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 Address
Aegis Mortgage Corporation 3910 Kirby Drive, Suite 300
d/b/a New America Financial Houston, TX 77098
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
Bonnie K. Miller
Lower Allen Township Tax Collector
Lower Allen Township Authority
Lower Allen Township Refuse
Cumberland County Tax Claim Bureau
Domestic Relations Section
Cumberland County Court of Common Pleas
Commonwealth of Pennsylvania
Department of Revenue
Commonwealth of Pennsylvania
Department of Public Welfare
Address
2233 Gettysburg Road
Camp Hill, PA 17011
120 Limekiln Road
New Cumberland, PA 17070
2233 Gettysburg Road
Camp Hill, PA 17011
1 Courthouse Square
Carlisle, PA 17013
13 North Hanover Street
Carlisle, PA 17013
Bureau of Compliance
Department 280946
Harrisburg, PA 17128-0946
33 Westminster Drive
P.O. Box 599
Carlisle, PA 17013-0599
P:\EQ 1\DOCS\3129\HENSLEY
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 in this Affidavit
are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities.
CHARITON & SCHWAGER
DATED: November 2008
By: QPA
DAVID E. S WAGER, ESQUIRE
Attorneys for Plaintiff
American General Financial Services, Inc.
P:\EQ 1 \DOCS\3129\1iENSLEY
SHERIFF'S SALE DESCRIPTION
By virtue of a Writ of Execution No. of 2008, issued out of the Court of
Common Pleas of Cumberland County, directed to me, there will be exposed to public sale, by
vendue or outcry to the highest and best bidder, for cash, in the Cumberland County Courthouse,
in the City of Carlisle, Cumberland County, Pennsylvania, on Wednesday, March 4, 2009, at
10:00 a.m., in the forenoon of the said day, all the right, title and interest of the Defendant in and
to:
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements
thereon erected, situate in the Township of Lower Allen, County of Cumberland and
Commonwealth of Pennsylvania, being more fully described on that certain As Built Plan of
Foxlea Residential Community Village One, Phase I, Lower Allen Township, Cumberland
County, Pennsylvania, as prepared by Gerrit J. Bentz Associates, Inc., Engineers and Surveyors,
dated October 6, 1976, and last revised March 19, 1977, as recorded in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, on March 23, 1977, in Plan Book 26, at
Page 50, which Plan is herein incorporated by reference as if hereto attached, as Unit Number 55
in Building "I" consisting of 5796 square feet and described on said As Built Plan as metes and
bounds which description is likewise herein incorporated by reference.
BEING the same premises conveyed to Robert A. Hensley by Deed of Jean R. Miller and
Gary T. Miller, husband and wife, dated August 15, 2000, and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Deed Book 227, at Page 917.
The County Parcel Number for the above-described parcel is 13-25-0008-002A U155-1.
PREMISES improved with a single family frame dwelling more commonly known as 55
Drexel Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania.
UNDER and SUBJECT to the same reservations, conditions, restrictions, covenants,
exceptions and easements as appear in prior chain of title.
TOGETHER with all buildings and improvements thereon.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest, that the Sheriff will
within thirty (30) days after the sale file a schedule of distribution in his office, where the same
will be available for inspection and that distribution will be made in accordance with this
schedule unless exceptions are filed to it within twenty (20) days or within twenty (20) days after
the Sheriffs Sale if no schedule of distribution need be filed.
SEIZED AND TAKEN into execution at the suit of AMERICAN GENERAL
FINANCIAL SERVICES, INC. against ROBERT A. HENSLEY, and will be sold by:
R. THOMAS KLINE
Sheriff of Cumberland County
CHARITON & SCHWAGER
Attorneys
EXHIBIT "A"
PAEQ 1 \DOCS\3129\HENSLEY
AMERICAN GENERAL FINANCIAL
SERVICES, INC.,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
ROBERT A. HENSLEY,
Defendant
NO. 08-3679 CIVIL TERM
NOTICE OF SHERIFF'S SALE
OF
REAL ESTATE
TO: ROBERT A. HENSLEY, Defendant in this case and owner of the Real Estate
described in this Notice; NOTICE IS HEREBY GIVEN that by virtue of the Writ of Execution
issued under the Judgment in this case, directed to the Sheriff of Cumberland County, there will be
exposed to public sale, by vendue or outcry to the highest and best bidder, for cash, in the
Cumberland County Courthouse, in the City of Carlisle, Cumberland County, Pennsylvania, on
Wednesday, March 4, 2009, at 10:00 o'clock a.m., Eastern Time, in the forenoon of the said day, all
your right, title and interest in and to ALL that certain piece or parcel of land situate at 55 Drexel
Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania, the same being
more particularly described in the Sheriff's Sale Description attached to and incorporated into this
Notice.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest, that, within thirty (30)
days after the sale, the Sheriff will file a schedule of distribution in his office, where the same will
be available for inspection and that distribution will be made in accordance with this schedule unless
exceptions are filed to it within twenty (20) days or within twenty (20) days after the Sheriff s Sale
if no schedule of distribution need be filed.
CHARITON & SCHWAGER
BY: Q I/
David E. Schw9ger, Esquire
Supreme Court I.D. No. 52683
138 South Main Street
P.O. Box 910
Wilkes-Barre, PA 18703-0910
Attorneys for Plaintiff
P:\DES\CLIENTS\AG\DOCSVUDC\HENSLEY
SHERIFF'S SALE DESCRIPTION
By virtue of a Writ of Execution No. of 2008, issued out of the Court of Common
Pleas of Cumberland County, directed to me, there will be exposed to public sale, by vendue or
outcry to the highest and best bidder, for cash, in the Cumberland County Courthouse, in the City
of Carlisle, Cumberland County, Pennsylvania, on Wednesday, March 4, 2009, at 10:00 a.m., in the
forenoon of the said day, all the right, title and interest of the Defendant in and to:
ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon
erected, situate in the Township of Lower Allen, County of Cumberland and Commonwealth of
Pennsylvania, being more fully described on that certain As Built Plan of Foxlea Residential
Community Village One, Phase I, Lower Allen Township, Cumberland County, Pennsylvania, as
prepared by Gerrit J. Bentz Associates, Inc., Engineers and Surveyors, dated October 6, 1976, and
last revised March 19, 1977, as recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, on March 23, 1977, in Plan Book 26, at Page 50, which Plan is
herein incorporated by reference as if hereto attached, as Unit Number 55 in Building "I" consisting
of 5796 square feet and described on said As Built Plan as metes and bounds which description is
likewise herein incorporated by reference.
BEING the same premises conveyed to Robert A. Hensley by Deed of Jean R. Miller and
Gary T. Miller, husband and wife, dated August 15, 2000, and recorded in the Office of the Recorder
of Deeds in and for Cumberland County in Deed Book 227, at Page 917.
The County Parcel Number for the above-described parcel is 13-25-0008-002A U155-1.
PREMISES improved with a single family frame dwelling more commonly known as 55
Drexel Place, New Cumberland, Lower Allen Township, Cumberland County, Pennsylvania.
UNDER and SUBJECT to the same reservations, conditions, restrictions, covenants,
exceptions and easements as appear in prior chain of title.
TOGETHER with all buildings and improvements thereon.
NOTICE IS HEREBY GIVEN to all claimants and parties in interest, that the Sheriff will
within thirty (30) days after the sale file a schedule of distribution in his office, where the same will
be available for inspection and that distribution will be made in accordance with this schedule unless
exceptions are filed to it within twenty (20) days or within twenty (20) days after the Sheriffs Sale
if no schedule of distribution need be filed.
SEIZED AND TAKEN into execution at the suit of AMERICAN GENERAL FINANCIAL
SERVICES, INC. against ROBERT A. HENSLEY, and will be sold by:
R. THOMAS KLINE
Sheriff of Cumberland County
CHARITON & SCHWAGER
Attorneys
P:\DES\CLIENTS\AG\DOCSUUDG\HENSLEY
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-3679 Civil
COUNTY OF CUM aERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICAN GENERAL FINANCIAL SERVICES,
INC., Plaintiff (s)
From ROBERT A. HENSLEY
(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 $46,268.75 L.L. $.50
Interest from 10/07/08 at rate of $12.45 per day to date of sale
Atty's Comm % Due Prothy $2.00
Atty Paid $270.59
Plaintiff Paid
Date: 11/19/08
Other Costs to be determined
(Seal)
REQUESTING PARTY:
Name: DAVID E. SCHWAGER, ESQUIRE
Address: CHARITON & SCHWAGER
138 SOUTH MAIN STREET
PO BOX 910
WILKES-BARRE, PA 18703
Attorney for: PLAINTIFF
Telephone: 570-824-3511
Supreme Court ID No. 52683
Deputy
Real Estate Sale #55
On November 24, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 55 Drexel Place, New Cumberland
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: November 24,-2008 By:
Real Estate ergeant
ZIP
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:
January 30, February 6, and February 13, 2009
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.
?is Marie oyne, Edit r
SWORN TO AND SUBSCRIBED before me this
13 day of February 13, 200
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commisslon Expires Apr 28, 201 0
REAL Z$TAT3 SALE NO. 58
Writ No. 2008-3679 Civil
BEING the same premises con-
HentieyDeed
bert A
R
American General Financial .
o
veyed to
of Jean R. Miller and Gary T Miller,
Services, Inc. husband and wife, dated August
vs. 15, 2000, and recorded in the office
nd for
i
Robert A. Hensley n a
of the Recorder of Deeds
Deed Book
i
Atty.: David E. Schwager n
Cumberland County
SHERIFF'S SALE DESCRIPTION P:
' 227, at page 917.
The County Parcel Number for
By virtue of a Writ of Execution No. the above-described parcel is 13-25-
_ of 2008, issued out of the Court
of Common Pleas of Cumberland 000 U 155-roved with a single
County, directed to me, there will be
exposed to public sale, by vendue or PREMISES imp
com-
family frame
s 55 dwelling Drexel more Place, New
outcry to the highest and best bidder, monly known
a
Lower Allen Towni>
mberland
C
for cash, in the Cumberland County
Courthouse, in the City of Carlisle,
I ,
u
Cumberland County, Pennsylvania.
d SUBJECT to the
Cumberland County, Pennsylvania,
on Wednesday, March 4, 2009, at UNDER an
same reservations, conditions, re-
exceptions
t
10:00 a.m., in the forenoon of the s,
strictions, covenan
ments as appear in prior
said day, all the right, title and inter- and ease
est of the Defendant in and to: chain of title.
TOGETHERwithallbuildmgsand
ALL THAT CERTAIN lot or piece
of ground with the buildings and improvements thereon.
HEREBY GIVEN to
improvements thereon erected, situ- NOTICE IS
nts and parties in interest,
i
ate
is the Township d Lower Ate,
County of omberlmd and Qeas- ma
all cla
within thirty (30)
that the Sheriff will
le file a schedule of
all+rlllIlll? of 1Ne?aosatrlM * bobs days after the sa
distribution in his office, where the
el?Orlw d tb
As balk Nan of hAft IMWMW same will be available for inspectim
cewnwAiy Vol*& One, i? I,
Lower Allen Townshi
Cumberland and that
acoMAMWO
i
twenty
p, n
0=00"s" ajo
County, Pennsylvania, as prepared
b
G
i
J
B
t
A
i
t
I (20) diwo or wife 00 do"
y
err
.
en
z
ssoc
es,
nc.,
t
a *00 @dmWhde
fter the Sberift 82k
Engineers and Surveyors, dated
October 6, 1976, and last revised a
b
of
AND TAKEN into ex-
March 19, 1977, as recorded in the SEIZED
t the suit of AMERICAN
Office of the Recorder of Deeds in ecution a
ERAL FINANCIAL SERVICES,
and for Cumberland County, Penn- GEN
st ROBERT A. HENSLEY,
i
sylvania, on March 23, 1977, in Plan n
INC. aga
nd will be sold by: R. Thomas Kline,
Book 26, at Page 50, which Plan is a
riff of Cumberland County.
Sh
herein incorporated by reference as e
if hereto attached, as Unit Number
55 in Building "I" consisting of 5796
square feet and described on said
As Built Plan as metes and bounds
which description is likewise herein
inco orated by reference.
a.. '' of-'\ ews Co.
2 vi a rl tit St.
H .rr sbu cg, ='`A 17101
Inquirihs - 71'7-255-8213
CUMBERLAND COUNTY SHERIFFS OF
3JMBERLAND COUNTY COURT HOUSE
Abe Patti* ot 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
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg.. County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/of' Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested i i the subject matter of said prinked 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:
REAL ESTATE SALE NO. 55 01/21/09
Writ No. 21308-3679 Civil Term
American General Financial 01/28109
Services, Inc.
VS _ M 02104/09
Robert A. Hensley
Attorney David E. Schwager
LEGAL DESCRIPTION"
By virtue of a Writ of Execution No.
of 2008, issued on of the Court of comtron Sworn to ar. scribed before me this 25 day of February, 2009 A.D.
Pleas of Cumberland County, directed to me.
there will be exposed to public sale, by vendue .r'
Of outcry to the higaest and best bidder, for cash. _
in the Cumberland County Courthouse, in the Notary Public
City of Carlisle, Cumberland County,
Pennsylvania, on Wednesday. March 4, 2009, at
10:00 a.m., in the forenoon of the said day, JI
the right, title and merest of the Defendant n
and to,
ALL THAT CERTAIN lot or piece of ground
with the buildings and improvements thereon I°--'-- ?- --
erected, situate in tha Township of Lower Allen, 1 rt °"I
County of Cumberhmd and Commonwealth of "air" Pubk
Pennsylvania. being nore fully described on that City Of Hams" i Ila.Nphin County
certain As Built Pan of Foxlea Residential IIAy CO111n*sior r- ov. 26, 2091
Community Village One, Phase 1, Lower Allen Member, Pennsjvll; .,. c,Otlon of Notarl"
Township, Cumberhmd County. Pennsylvania.
as prepared by Gerrit J. Bentz Associates, Inc..
Engineers and Sun eyors, dated October 6
.
"lb. 3110 last rcA1101 March !Y. li3li...
recorded in the Office of the Recorder of Deeds
in and for Cumberland County. Pennsylvania, on
March 23, 1977, in Plan Book 26, at Page 50,
which Plan is herein incorporated by reference
as if hereto attached, as Unit Number 55 in
Building 'T' consisting of 5796 square feet and
described on said As Built Plan as metes and
bounds which description is likewise herein
incorporated by reference.
BEING the same premises conveyed to Robert
A. Hensley by Deed of Jean R. Miller and Gary
T. Miller, husband and wife, dated August 15,
2000, and recorded in the Office of the Recorder
of Deeds in and for Cumberland County in Deed
Book 227, at Page 917.
The County Parcel Number for the above-
described parcel is 13-25-0008-002A U155-1.
PREMISES improved with a single family
frame dwelling more commonly known as 55
Drexel Place, New Cumberland, Lower Allen
Township, Cumberland County, Pennsylvania.
LiNDER and SUBJECT to the same
reservations, conditions, restrictions, covenants,
exceptions and easements as appear in prior
chain of title.
TOGETHER with all buildings and
improvements thereon.
NOTICE IS HEREBY GIVEN to all claimants
and parties in interest, that the Sheriff will
within thirty (30) days after the sale file a
schedule of distribution in his office, where the
same will be available for inspection and that
distribution will be made in accordance with this
schedule unless exceptions are filed to it within
twenty (20) days or within twenty (20) days
after the Sheriffs Sale if no schedule of
distribution need be filed.
SEIZED AND TAKEN into execution at the suit
of AMERICAN GENERAL FINANCIAL
SERVICES, INC. against ROBERT A.
HENSLEY, and will be sold by: R. THOMAS
KLINE Sheriff of Cumberland County