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HomeMy WebLinkAbout09-0945``/ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 198524 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. a q - 91/5, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 198524 . NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 198524 1. Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/21/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1660, Page 548. By Assignment of Mortgage recorded 08/27/2001 the mortgage was assigned to BANK ONE NATIONAL ASSOCIATION AS TRUSTEE which Assignment is recorded in Assignment of Mortgage Book No. 680, Page 2792. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 198524 4. 6. 7. by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $81,870.10 Interest $3,990.69 10/01/2008 through 02/16/2009 (Per Diem $28.71) Attorney's Fees $1,300.00 Cumulative Late Charges $174.51 12/21/2000 to 02/16/2009 Property Inspections $33.75 Cost of Suit and Title Search 750.00 Subtotal $88,119.05 Escrow Credit ($389.01) Deficit $0.00 Subtotal 389.01 TOTAL $87,730.04 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 198524 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. Plaintiff hereby releases DARWIN M. HOFFHEINS, from liability for the debt secured by the mortgage. 11. By virtue of the death of DARWIN M. HOFFHEINS on 08/21/89, Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $87,730.04, together with interest from 02/16/2009 at the rate of $28.71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By:jtlau G 90/ ?y Lawr ce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff He #: 198524 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Valley Street, said point being in the dividing line between Lot No. 4 and Lot No. 5 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along land now or formerly of Warren H. Jumper and Frances G. Jumper, his wife, a distance of 298.6 feet to a point in line of land now or formerly of Lewis Doyle; thence in a Southwardly direction along land now or formerly of said Lewis Doyle, a distance of 104 feet to a point; thence along land now or formerly of the Carlisle Trust Company in a Westwardly direction, a distance of 298.6 feet to a point in the Eastern side of Valley Street; thence in a Northwardly direction along the Eastern side of Valley Street, a distance of 104 feet to a point, the place of Beginning. BEING composed of all of Lot No. 6, all of Lot No. 5 and the Southern portion of Lot No. 4, on the hereinafter mentioned Plan of Lots, the Northern line of said Southern portion of Lot No. 4, beginning at the boundary line between Lot No. 4 and Lot No. 5 in the Eastern line of said Valley Street and extending diagonally across Lot No. 4 in an Eastwardly direction to a point in the Eastern line of said Lot No. 4, which latter point is 19 feet 3 inches South of the boundary line of Lot No. 3 and Lot No. 4, 'Block C', of the Plan of Lots known as 'Fairfield', said Plan of Lots being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, page 80. File #: 198524 HAVING THEREON ERECTED a one and one-half story dwelling house, and being known and numbered as No. 23 Valley Street, Carlisle, Pennsylvania. Subject to easements, restrictions, and covenants of record, if any. Tax ID: 40-22-0489-133 PROPERTY BEING; 23 VALLEY STREET File #: 198524 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Co -?ka? omey for Plaintiff DATE: O?- File #: 198524 C.) \V V ?? N --r T"7 si "Z.t. t?7 r? -il 3'i1 i '. z _ I ? ..r SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00945 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THE BANK OF NEW YORK MELLON VS HOFFHEINS LOUISE B R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFHEINS LOUISE B but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT HOFFHEINS LOUISE B 23 VALLEY STREET CARLISLE, PA 17013-3141 PER NEIGHBOR, DEFENDANT DOES NOT LIVE HERE, BUT DOES RETURN LATE AT NIGHT TO PICK UP MAIL. MADE 14 ATTEMPTS AT SERVICE, UNSUCCESSFULLY. Sheriff's Costs: So answers- Docketing 18.00 Service 18.00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 51.00 PHELAN HALLINAN & SCHMIEG 03/02/2009 Sworn and Subscribed to before me this day of , A.D. ?:+ t ,F.. ??? r ? Ar -+ PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 Plaintiff VS. LOUISE B. HOFFHEINS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-945 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & S , LLP Attorn for Plainti f By: Francis S. Hallin Esquire Date: 03/26/2009 PHS #: 198524 VERIFICATION Jeffrey Stephae Signing OffiM hereby states that he/she is O of HOMECOMINGS FINANCIAL, LLC, servicing agent for Plaintiff, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Z _-(. ? Loan: 7432615011 File #: 198524 am Jeffrey itle: umhed Signing Of rwr Company: HOMECOMINGS FINANCIAL, LLC PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 Plaintiff VS. LOUISE B. HOFFHEINS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-945 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 Phelan Hallinan & Attorney for Plaint By:.<7-. Francis S. Esquire LLP Date: 03/26/2009 ?a } Cam? - CD -, ; .+°? Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff The Bank Of New York Mellon Trust Company, National Association FKA The Bank Of New York Trust Company, N.A. As Successor To JPMorgan Chase Bank N.A. SBM Bank One National Association As Trustee For RASC 2001 KS 1 VS. Louise B. Hot'fheins Court of Common Pleas Civil Division Cumberland County No. CIVIL-09-945 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Louise B. Hoffheins, by first class mail and certified mail to the Defendant's mortgaged premises, 23 Valley Street, Carlisle, PA 17013, posting of the mortgaged premises, 23 Valley Street, Carlisle, PA 17013, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Louise B. Hoffheins, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 23 Valley Street, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as there was no response to the numerous attempts made by the deputy. 3 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the :results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of March 30, 2009, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on March 9, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's March 9, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of March 30, 2009 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Louise B. Hoffheins, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submiqvdg Phel 4DamielG.'Kh?mieg, hmieg, LLP By: Attorneys for Plaintiff March 30, 2009 4 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, 13A 19103-1814 (215) 563-7000 @fedphe.com The Bank Of New York Mellon Trust Company, National Association FKA The Bank Of New York Trust Company, N.A. As Successor To JPMorgan Chase Bank N.A. SBM Bank One National Association As Trustee For RASC 2001 KS 1 vs. Louise B. Hoftheins Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. CIVIL-09-945 MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 5 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail., by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, iea. LLP By: Daniel Gj§4hmieg, Esquire Attorney for Plaintiff Date: March 30, 2009 6 Exhibit "A" SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00945 P COMMONTWEAL'TH OF PENNSYLVANIA COUNTY OF CUMBERLAND THE BANK OF NEW YORK MELLON VS HOFFHEINS LOUISE B R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOFFHEINS LOUISE B but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 23 VALLEY STREET CARLISLE, PA 17013-3141 NOT FOUND , as to HOFFHEINS LOUISE B PER NEIGHBOR, DEFENDANT DOES NOT LIVE HERE, BUT DOES RETURN LATE AT NIGHT TO PICK UP MAIL. MADE 14 ATTEMPTS AT SERVICE, UNSUCCESSFULLY. Sheriff's Costs : Docketing 18.00 So answers* Service 18.00 `- Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 51.00 PHELAN HALLINAN & SCHMIEG 03/02/2009 Sworn and Subscribed to before me this day of , A. D. Exhibit "B" FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 198524 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Louise B. Hoffheins & Darwin M. Hoffheins (Deceased) Property Address: 23 Valley Street, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Louise B. Hoffheins - xxx-xx-7776 Darwin M. Hoffheins - xxx-xx-7262 B. EMPLOYMENT SEARCH Louise B. Hoffheins & Darwin M. Hoffheins - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Louise B. Hoffheins & Darwin M. Hoffheins reside(s) at: 23 Valley Street, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Louise B. Hoffheins & Darwin M. Hoffheins, however did provide a listing for Brent A. Hoffheins at: 23 Valley Street, Carlisle, PA 17013. On 02-18-09 our office made a telephone call to the phone number (717) 243-6997 and received the following information: disconnected. B. On 02-18-09 our office made a telephone call to the phone number (717) 243-6967 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 02-18-09 our office made several phone calls in an attempt to contact Esther Lebo (717) 243-6269,16 Valley Street, Carlisle, PA 17013: no answer. On 02-18-09 our office made a phone call in an attempt to contact Lois R. Shughart (717) 29:3-8383,17 Valley Street, Carlisle, PA 17013: spoke with an unidentified female who could not confirm that the subject reside(s) at 23 Valley Street, Carlisle, PA 17013. On 02-18-09 our office made several phone calls in an attempt to contact Ardella M. Souders (717) 243-1346,18 Valley Street, Carlisle, PA 17013: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02-18-09 we reviewed the National Address database and found the following information: Louise B. Hoffheins & Darwin M. Hoffheins - 23 Valley Street, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information or t Louise B. Hoffheins & Darwin M. Hoffheins. VI. OTHER INQUIRIES A. DEATH RECORDS As of 02-18-09 Vital Records and all public databases have a death record on file for Darwin M. Hoffheins & have no death record on file for Louise B. Hoffheins. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Louise B. Hoffheins & Darwin M. Hoffheins residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Louise B. Hoffheins - 01-01-1951 Darwin M. Hoffheins -10-08-1947 A. DATE OF DEATH Darwin M. Hoffheins - 08-1989 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing; states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my k owledl;e, inform 'o and belief and that this affidavit of investigation is made subject to the p allies of 18 Pa C.S. relating to unsworn falsification to authorities. COMMONWEA Xe&%* AFFIANT - Brendan Booth NOTARIAL SEAL Full Spectrum Services, Inc. THOMAS P. STRAIN, Notary Public City of Philadelphia, Phila. County M Commission Expires February 4, 2010 Sworn to and subscribed before me this 18th day of February, . The above information is obtained from available public records and we are only liable for the cost of the affidavit. I ND Exhibit "C" PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail @fedphe.com Jason Seidman, Ext. 1394 Service Department March 9, 2009 Louise B. Hofjheins 23 Valley Street Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: The Bank Of New York Mellon Trust Company, National Association FY-4 The Bank Of New York Trust Company, N.A. As Successor To JPMorgan Chase Bank N.A. SBM Bank One National Association As Trustee For RASC 2001 KS] vs. Louise B. Hoffheins Premises Address: 23 Valley Street, Carlisle, PA 17013 Cumberland County, No. CIVIL-09-945 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by March 17, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 9 F-' 0 0 z N o ? oo ? o, ?n ? w N r _. c G. coo Z a N 0 o y • _ ?c `" fD O io n ? ? v W .? mro ? s v? a C a 0. CD n z ? ID Y 00 0 w o o ' ?e n O N C C NO0 NJ 0 3 ? '? o n D w y C D P io vx o 0 0 H ? ti y R' °o f. o C/1 ? v w o R, a; ` P Z ?P '94 , 'n Q c . a o ?, o ? f " o w NnN[v tsowes .rD ?w o = A ?. 0 1 M 2 01.10 o o w 0004218010 MAP09 2009 o ° { MAILED FROM ZIP CODE 1 91 , iA fD ?. 3 ? v. o ?B °NR WO c? w. O 5 G. O w' ? ? m w ^ 7o 'x r1 f° C ..j t o w ? ? m ? ? co I I ro?o s a a ? b s 0 S ? O ? s A m ?.• fD O? 00 00 n 0 o' r ? fD e ? P. 0 0 b r h n n VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully su tted, Phel 11' & Schmieg, LLP By: ol' Daniel G. Sc ieg, E Attorney for Plaintiff March 30, 2009 7 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff The Bank Of New York Mellon Trust Company, National Association FKA The Bank Of New York Trust Company, N.A. As Successor To JPMorgan Chase Bank N.A. SBM Bank One National Association As Trustee For RASC 2001 KS 1 Court of Common Pleas Civil Division vs. Cumberland County No. CIVIL-09-945 Louise B. Hoffheins CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Louise B. Hoftheins: 23 Valley Street Carlisle, PA 17013 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: March 30, 2009 Phelan Hallinan & it iieg, LLP By:' % Daniel G. Schmieg, Esquire Attorney for Plaintiff 8 OFT HE PPOT HONOTARY 2009 APR - I AM 11: 54 VI_.,...riLr'v Wt) PEPOSYLVANA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 235.563.7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001 KS 1 Plaintiff VS. LOUISE B. HOFFHEINS Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. CIVIL-09-945 Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. 'P By: Date: March 30, 2009 /jcs, Svc Dept. File# 198524 Prancis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff ? ? Q ? _ ?' ? ? ?' W ? ? w c ? ? w ? w, «?? ? ?? APR 0 oo?r? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA The Bank Of New York Mellon Trust Company, National Association FKA The Bank Of New York Trust Company, N.A. As Successor To JPMorgan Chase Bank N.A. SBM Bank One National Association As Trustee For RASC 2001 KS 1 VS. Louise B. Hoffheins Civil Division No. CIVIL-09-945 II ORDER AND NOW, this 3 d day of A 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Louise B. Hoffheins, by: 1. Posting of the premises: 23 Valley Street, Carlisle, PA 17013. 2. First class mail to Louise B. Hoffheins at the mortgaged premises located at 23 Valley Street, Carlisle, PA 17013; and 3. Certified mail to Louise B. Hoffheins at the mortgaged premises located at 23 Valley Street, Carlisle, PA 17013; and (N,? ?? ?I rr 4. Publication in accordance with PA. R.C.P. 430. m c c r c a l t o!>r i ?,, .??o 20 BY THE COU l% Cc: Louise B. Hoffheins J. 23 Valley Street © i ter Ts Carlisle, PA 17013 PHS# 198524 2 1 I • f # WV C- 68V 60OZ ai i iL V t tlt oi, ,i 1? M1 j PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001 KS 1 Plaintiff VS. LOUISE B. HOFFHEINS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : NO. CIVIL-09-945 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons LOUISE B. HOFFHEINS at 23 VALLEY STREET, CARLISLE, PA 17013, on APRIL 16,E 2009, in accordance with the Order of Court dated APRIL 3, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: April 16, 2009 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ?? ?? 4 ? , ??? ??? ,?? ?? g: 59 ? ?,4?,,? { r " s ,, ?-? , i m r'..v, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001 KS 1 Plaintiff vs. LOUISE B. HOFFHEINS Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. CIVIL-09-945 Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Tril 1 F 2009 N 1-:LIN C MIEG, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jcs, Svc Dept. File# 198524 FILED-40FFICE OF THE }TROT' ..NOTARY 2009 APR 20 AM 9: 54 ?'lo.co 7r?LA-?{y c?c? 74y78 Rte-- aA 3 9 tcr Sheriffs Office of Cumberland County R Thomas Kline 4?tr cti ?brr? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE 714E s?:R'FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/22/2009 03:13 PM - Jason Vioral, Corporal, who being duly sworn according to law, states that on April 22, 2009 at 1513 hours, he posted a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Louise B. Hoffheins, pursuant to order of court by posting the premises located at 23 Valley Street Carlisle, Cumberland County, Pennsylvania 17013 with a true and correct copy according to law. SHERIFF COST: $38.50 April 23, 2009 2009-945 The Bank of New York Mellon Trust Co. VS Louise B. Hoffheins SO ANSWERS, R THOMAS KLINE, SHERIFF By Cor oral N - cp t?r L„? 4 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 &/Yenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001 KS I VS. ATTORNEYS FOR PLAINTIFF : Court Of Common Pleas : Civil Division : CUMBERLAND County No. CIVIL-09-945 LOUISE B. HOFFHEINS I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated APRIL 3, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in T14F. SF.NTTNI~.T, on APRIT. 24, 2M9 and CT WHERLAND LAW JOT 1RNAT on MAY 1, 2009. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: Lawr ce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: May 21, 2009 PHS# 198524 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson Classified Manai;er, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 24, 2009 COPY OF NOTICE OF PUBLICATION ?Lr€z r JIM-MUKTY- !poses that he/she is not subject matter of the THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS it advertisement, and that TRUST COMPANY, NATIONAL. A98001ATION FICA THE BANK OF CIVIL DIVISION the statement foregoing NEW YLOPIK TRUST COMPANY, N.A.'AS SUCCESSOR TO JPMORGAN CHASE SANK CUMBERLAND COUNTY and character of N.A, SBM BAW ONE NATIONAL . ASSOCIATION AS TRUSTEE FOR RASC 200INS1 NO. CIVIL-09-945 ue. Va. LOUISE B. HOFFHEMIS NOTICE TO LOUISE B. HOFFHEINS: You are hereby n6Kan 138]fA9Y 1Z 241 PMM?? BANK OF NEW YORK MELLON TRUST COMPANY, NAT LASSO T N FICA THE BANK QF 4W33 YOR TRUST COMPANY, N.A. AS St1CCESf30/1 TO AN l;F1A E BANK r! A 3BM NE N ONAL ASSOCIATION AS TRUSTEE FOR $ ) SO t 1#($i ? Foreclosure Compaint endorpd a Notice to Defend, against you E the Court of Common Plsaa of CU R AND County Penn?ylvartia, daCRl el to No. CIVIL OD-945. Wherein PlaiMiftscribed before me this seeks to foreclose on lhs morgap? ssCUred on r ro{ieAy bcared ati 23 VALLEY STREET, CARLISLE, PA 17013 whereupon your property wouM bP sold by the of CUMBERLAND County. oO? You are hereby notified to pleadlo the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. If you wish to defend, you must eMMr a written appearance personally or by attomey and file your defenses or objections in writing with thacourt. You a warned that N you fall to do so the case may proceed without you and a judgment ( r =CE. requested try the plaintiff. You may lose money or Notary Public Y U LD T THIIF YOQ DO NOT HAVER 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 A13LE TO PROVIDE YOU WITH INFORMATION ABOUT A03ENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. xpires: G LAND COUNTY LAVVYEEFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 OF PENNSYLVAIV??+ AL SEAL (e00)990-9108 IDORN, Notary Public 1 LCumberland f 27 Zo January 27 i E E ? , , res xp mmission MY C r A • 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 May 1, 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. isa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 1 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 r CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. CIVIL-09-945 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 VS. LOUISE B. HOFFHEINS NOTICE TO LOUISE B. HOFFHEINS: You are hereby notified that on FEBRUARY 17, 2009, Plaintiff, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL AS- SOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NA- TIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001 KS 1, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBER- LAND County Pennsylvania, dock- eted to No. CIVIL-09-945. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 23 VALLEY STREET, CAR- LISLE, PA 17013 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 May 1 NOTICE FILE 2009 MAY 26 h ii" 11 * 0 Q Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON CUMBERLAND COUNTY TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF COURT OF COMMON PLE AS NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CIVIL DIVISION CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS No. CIVIL-09-945 TRUSTEE FOR lkASC 2001KS1 VS. LOUISE B. HOFFHEINS II PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Y Kindly enter judgment in favor of the Plaintiff and against LOUISE B. HOF HEINS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days fro service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $87,730.04 Interest - 0.2/17/2009 to 06/10/2009 $3,272.94 TOTAL $91,002.98 I hereby certify that (1) the Defendant's last known address is 23 VALLEYSTREET. CARLISLE, PA 17013-3141, and (2) that notice has been given in accordance with Rule 237.1, copy attached. r 1 Lawrence T. Phelan, Esq ,-Vrancis S. Hallinan, Esqt Daniel G. Schmieg, Esqu Michele M. Bradford, Es Judith T. Romano, Esqui. Sheetal R. Shah-Jani, Esc Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquir Jay B. Jones, Esquire Peter J. Mulcahy, Esquir( Andrew L. Spivack, Esqi Jaime McGuinness, Esqu Chrisovalante P. Fliakos, Joshua I. Goldman, Esqu Courtenay R. Dunn, Esgi Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE] DATE: .W PHS # 198524 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR`TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 VS. LOUISE B. HOFFHEINS Attorney fb? Plaintiff III?? : CUMBERLAND COUNTY : COURT OF COMMON : CIVIL DIVISION : No. CIVIL-09-945 VERIFICATION OF NON-MILITARY SERVICE The` undersigned attorney, hereby verifies that he/she is attorney for in the above-captioned matter, and that on information and belief, he/she has know following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Ci, Act of Congress of.1940, as amended. Plaintiff e of the United Relief (b),',that defendant LOUISE B. HOFFHEINS is over 18 years of age and resides at 23 VALLEY STREET, CARLISLE, PA 17013-3141. This statement is made subject to the penalties of 18 Pa. C.S. Section relating to unworn falsification to authorities. ) L P - Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esqui Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquh Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Es, Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorney for Plaintiff 4904 (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 VS. LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 Notice is given that a Judgment in the above captioned matter has : CUMBERLAND : COURT OF COMMO] : CIVIL DIVISION : No. CIVIL-09-945 against you on l l oL? If you have any questions concerning this matter ease contract: Lawrence T. Phelan, Esquire ,,.Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PLEAS entered "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY IN 01 OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVE A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE N ATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENA GAINSTPR OP R' TION THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001 KS 1 Plaintiff V. LOUISE B. HOFFHEINS Defendant(s) TO: LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 DATE OF NOTICE: May 22, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-945 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. QS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS ERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USE FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BA UPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIE AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH HE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. ESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY B 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 HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. DO NOT > OFFICE PHS # 198524 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: ?-A I At I -a -01, La ce T. Phelan, sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 f Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94b Joshua I. Goldman, Esq., Id. No. 205047 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 198524 PLED-aC,rrJrE OF THE F. ,t'--) ; -,n- ^?ARY 2009 JUN I I PM 12: 0 0 'UIN 3 !` ?1y77/ R11 aa-t, 5-1- ?- ?I,4<<d- ma ! I -e j ,- , THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 vs. LOUISE B. HOFFHEINS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-945 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) andlor Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". DATE: 1 a ©~ By: Lawre e T Phelan, Es , Id. No. 32227 Fran s S. linan ., Id. No. 62695 Darnel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff ~x~~ ~f ~~ 'a w w O ox a ~~ ,..a .-. w ~_i ,~ ~a ~ o~~ .~ ~-~- ~~ ~U V ~ a~ ~' ~ ~ o °° Gq ~ „d O °~ ~xa zUw..~ o a, d ~ ti aa~ ~ ~ '" .' v ~ ^o ~F~1 zoo w £01-6 L 3000dlZ Wa?1-1 n~iHw ( r> DZ+ 9ZJ(ly Ol08LZb000 J 53/V\p9 A3Mlld C ~ ~ g 2 ® D '~T _ N ~ u ~~ ~ °'' ~ TG.u~ f0 Q .. ~ p ~ = V ~ b y5 u E ~° .~ ~ ~,d o h F ~ C6'f 'aQ ~ U ~ V] F C a ~ `~ E u U ~ ~ ~ rr ~ ~ G 7 ~-. o ~+ . ~ . 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O ~n V O G '« O H u V O E .5 ~'O ~° E'^.c v ~ U U N ~ E c a`~ `~ ~~E~ ~~C~ ~ O C U ~ ~ D. d E ~w.4 u o° c c ~ 0 0 :: ,v, v rte. D 3 W N T yE N v iC ~' C O ~ ti Q '0 C E ~ ~ E °' ~ c .Ov 5 ti v ~ E ~ o x°' E v° U w X ~.. ... ~ O N U E ~ E o0 v ti ~ ° m ~ A ~ ~ u N u c E a of > o ~ v.. o 5 ~ V~V~ o ~ ~ O T C Q '.' ~ M ~ m a`~ a.o ueoocE ~ °' o ~ ~ o u W ~.~. C° Gw f'-' O w sv .-. ~ ^ ~ XX~ ~^^ t~ U .E N N $ 5' A E ,., '~ C O N ~ ^ O F ~ ~" ~, v O O O ~ N ~~ ywa ~~ :~ a a .°`:~ ~o U ~w O u d V ~ x ~o o~ W pa ~ ~~ ~ z; ~ •~ O ~~ b w T 0 d u z„ N M ~ V1 \p t~ 00 Q~ ~ .^ ~ .M-~ ~ E-o ' THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 Plaintiff, v. LOUISE B. HOFFHEINS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-945 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY. NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 23 VALLEY STREET, CARLISLE, PA 17013-3141. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate} LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name AMERICAN GENERAL FINANCIAL SERVICES, INC. Address (if address cannot be reasonably ascertained, please indicate) C/O CRAIG H. FOX, ESQ. 706 ONE MONTGOMERY PLAZA NORRISTOWN, PA 19401 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) AMERICAN GENERAL 6 SOUTH HANOVER STREET FINANCIAL SERVICES, INC. CARLISLE, PA 17013-3306 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 23 VALLEY STREET CARLISLE, PA 17013-3141 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13"' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn authorities. Ci Lawr ce .Phelan, sq., Id. No. 32227 l ~ Fra is . Hallina ,Esq., Id. No. 62695 D niel G. peg, Esq., Id. No. 62205 U Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 f_1 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., ld. No. 93337 C'. Vivek Srivastava, Esq., ld. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., ld. No. 61791 L I Andrew L. Spivack, Esq., Id. No. 84439 L' Jaime McGuinness, Esq,, ld. No. 90134 1=1 Chrisovalante P. Fliakos, Esq., Id. No. 94620 [Joshua 1. Goldman, Esq., Id. No. 205047 C! Courtenay R. Dunn, Esq., Id. No. 206779 f :Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff }`SL._'~~ '` _ ji ;~ -~-~~i~~V _. _ ; ,i_ V~.'~~. .. .. Y _ _ _ . !- Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST Court of Common Pleas COMPANY, NATIONAL ASSOCIATION FKA : THE BANK OF NEW YORK TRUST Civil Division COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK CUMBERLAND County ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001 KS 1 No. CIVIL-09-945 Plaintiff v. LOUISE B. HOFFHEINS Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule was sent to the following individual on the date indicated below. LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 DATE: Phelan Hallinan & Schmieg, LLP By: V Lawrence T. helan, Es ., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 [Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF ~ M Y.. 7 k THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001 KS 1 Plaintiff v. LOUISE B. HOFFHEINS Defendant Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-945 A' RULE AND NOW, this ~ day of 09, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. ~~w ~~~ ~ l,, Rule R - ~5~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ~~ ~..' V rr ~ _ , - iT4, y I I SHERIFF'S OFFICE OF CUMBERLAND COUNTY E-(' h ` ~ ~ ~ ~ t y {,~. , , ~~~,Y Ronn R Anderson ~ - ~~ ~ ~~~ Sheriff ~ ~ .~ ~., Jody S Smith ;'° Zu'~~ ~~.. %~ ~i i ~~ G ~ Chief Deputy Edward L Schorpp C.:", . ~`~ Solicitor ~ -. The Bank of New York Mellon vs. Louise B. Hoffheins Case Number 2009-945 SHERIFF'S RETURN OF SERVICE 09/25/2009 03:09 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 09/25/09 at 1307 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 Louise B. Hoffheins, located at, 23 Valley Street, Carlisle, Cumberland County, Pennsylvania according to law. 10/16/2009 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: Louise B. Hoffheins, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Louise B. Hoffheins, property is vacant, per neighbor defendant moved out in summer of 2009. 12/09/2009 Real Estate Property sold to Atty Dale Shughart on behalf of American General Financial Services, Inc. on 12/9/09 for $ 76,900.00 01/20/2010 Ronny R. Anderson, 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 December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $76,900.00 to Attorney Craig H. Fox, on behalf of American General Financial Services, Inc., 6 South Hanover Stret, Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 78,738.00 SHERIFF COST: $2,659.00 SO ANSWERS, _~a. January 20, 2010 R~bNK1Y R ANDERSON, SHERIFF ~ ~~~~ t; v ~.6~~ ~L ~~~~ ~~'~~~, ~3 ~~: ~3~ SCHEDULE OF DISTRIBUTION Date Filed: 1/6/10 Writ No. 2009-945 Civil Term The Bank of New York Mellon Trust Company, National Association, F/K/A The Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank, N.A., SBM Bank One National Association as Trustee for RASC 2001KS1 Vs Louise B. Hoffheins 23 Valley Street Carlisle, PA 17013 Sale Date: December 9, 2009 Buyer: Atty Craig H. Fox Bid Price: $ 76,900.00 Real Debt: $ 100,271.84 per court order to reassess damages DISTRIBUTION: Receipts: Cash on Account (09/09/2009): $ 1,500.00 Cash on Account (12/09/2009): 14,000.00 Cash on Account (12/28/2009): 64,738.00 Total Receipts: $ 80,238.00 Disbursements: Sheriffs Costs $ 2,359.00 Legal Search 300.00 Robert C. Cairns, South Middleton Township Tax Collector 369.35 South Middleton Township (Sewer/Water) 343.75 Attorney Daniel Schmieg 1,500.00 The Bank of New York Mellon Trust Company 75,365.90 Total Disbursements: Balance for distribution: So Answers: ....-~ ($ 80,238.00) 00.00 Ronny R. Anderson, Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale held December 9, 2009, Writ No. 2009-945 EFFECTIVE DATE: December 9, 2009 PREMISES: 23 Valley Street, South Middleton Township, Cumberland County, Pennsylvania, Tax Parcel No. 40-22-0489-133 (the "Premises") RECITAL: Being the same premises which Hazel G. Albright, widow, by her deed dated and recorded March 14, 1977 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "B", Volume 27, Page 182 granted and conveyed unto Darwin M. Hoffheins and Louise B. Hoffheins, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. A.11 recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to tiie Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. The absence or failure of a legal description of the Premises and any notices or publications of the Sheriffs Sale of the Premises. -2- 21. Mortgage in the amount of $86,250.00 from Louise B. Hoffheins to North American Mortgage Co. dated December 21, 2000 and recorded December 28, 2000 in Mortgage Book 1660, Page 548, assigned March 23, 2009 in Instrument No. 200908600 to Bank of New York Mellon Trust Co. 22. Mortgage in the amount of $40,000.00 from Louise B. Hoffheins to American General Financial Services, Inc. dated June 6, 2008 and recorded June 11, 2008 to Instrument No. 200819575. 23. Judgment against Louise B. Hoffheins in favor of Bank of New York Mellon Trust Co. in the amount of $91,002.98 entered June 11, 2009 and amended by Order to the amount of $100,271.84 entered December 4, 2009, each to No. 2009-945 with respect to the Mortgage identified as item 21, above. 24. Judgment against Louise B. Hoffheins in favor of American General Financial Services, Inc. in the amount of $51,218.84 entered September 14, 2009 to No. 2009-4221 with respect to the Mortgage identified as item 22, above. 25. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Fairfield recorded in Plan Book 2, Page 80. 26. Subject to the legal effect and operation of the Civil Complaint filed by Church of God Home, Inc. against Louise Hoffheins December 4, 2008 to No. 2008-7125. 27. Subject to the legal operation and effect of the death of Darwin M. Hoffheins and the rights, if anv, of others under law or otherwise as a result of such death and any sums due to the Estate; Recovery Program, PA Department of Public Welfare. 28. Subject to the rights of others in and to any portion of the Premises within or adjoining Valley Street. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- Writ No. 2009-945 Civil The Bank of New Yorl: Mellon Trust Company, National Association, f/k/a The Bank of New York Trust Company, N.A., as Successor to .TPMorgan Chase Banlc N.A. SBM Bank One National Association, as Trustee for RASC 2001KS1 vs. Louise B. Hofiheins Atty: Daniel Sehmieg By virtue of a Writ of Executiml No. CIVIL-09-945, TI-11~. BANK OF NEV/ YORli R4ELLON ']'RUST COM- PANY, NATIONAL ASSOCIATION FKA THE BAML OF NEW YORK TRUST COMPANY, N.A. AS SUC- CESSOR TO JPN}ORGAN CHASE BANK N.A. SBM BANK ONE NA- TIONALASSOCIATION AS TRUSTEE FOR RASC 20011<SI vs. l,OUISE B. HOFFHEINS, owner of property situate in ilie'fO~UNSHIP ON SOUTH MIDDLE'I'ON, Cumberland County, Pennsylvania, Ueing 23 VALLEY S"]'REET, CARLISLE, PA 17013- 3147.. Parcel No. 40-22-0489-133. Improvements thereon: RESIDEN- TIAL D~~7ELLING. EXHIBIT A THE BANK OF,NEW YORK MELLON TRUST t ~ COMPA:"~IY, NAThDNAL ASSOCIATION FKA CUMBERLAND COUNTY ~ `THE BANK OF NEW YORK TRUST COMPANY, N.A. AS'SUCCESSOR TO JPMORGAN CHASE COURT OF COMMON PLEAS BANK N.A. SBM BANK ONE NATIONAL . ASSOCIATION AS TRUSTEE FOR RASC CIVIL DIVISION 2001KS1 NO. CIVIL-09-945 Plaintiff, v. LOUISE B. HOFFHEINS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 23 VALLEY STREET, CARLISLE, PA 17013-3141 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None ~ , _ 4. Name ~arid address.of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) AMERICAN GENERAL FINANCIAL SERVICES, INC. 6 SOUTH HANOVER STREET CARLISLE, PA 17013-3306 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None ..- 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 23 VALLEY STREET CARLISLE, PA 17013-3141 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true n c ect to the best of my personal knowledge or information and belief. I understand that false sta ents rein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification orities. August 24, 2009 - DATE ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ F ancis S. Hallman, Esq., Id. No. 62695 ~aniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 r t . ,, ~ 1 THE BANK OF NEW YORK MELLON TRUST ' COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 Plaintiff, v. CUMBERLAND COUNTY No. CIVIL-09-945 LOUISE B. HOFFHEINS Defendant(s). TO: LOUISE B. HOFFHEINS 23 VALLEY STREET CARLISLE, PA 17013-3141 August 24, 2009 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 23 VALLEY STREET, CARLISLE, PA 17013-3141, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $91,002.98 obtained by THE BANK OF NEW YORK MELLON TRUST COMPANY NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Valley Street, said point being in the dividing line between Lot No. 4 and Lot No. 5 on the hereinafter mentioned Plan of Lots; thence in an Eetwardly direction along land now or formerly of Warren H. Jumper and Frances G. Jumper, his wife, a distance of 298.6 feet to a point in line of land now or formerly of Lewis Doyle; thence in a Southwardly direction along land now or formerly of said Lewis Doyle, a distance of 104 feet to a point; thence along land now or formerly of the Carlisle Trust Company in a Westwardly direction, a distance of 298.6 feet to a point in the Eastern side of Valley Street; thence in a Northwardly direction along the Eastern side of Valley Street, a distance of 104 feet to a point, the place of Beginning. BEING composed of all of Lot No. 6, all of Lot No. 5 and the Southern portion of Lot No. 4, on the hereinafter mentioned Plan of Lots, the Northern line of said Southern portion of Lot No. 4, beginning at the boundary line between Lot No. 4 and Lot No. 5 in the Eastern line of said Valley Street and extending diagonally across Lot No. 4 in an Eetwardly direction to a point in the Eastern line of said Lot No. 4, which latter point is 19 feet 3 inches South of the boundary line of Lot No. 3 and Lot No. 4, 'Block C', of the Plan of Lots known as 'Fairfield', said Plan of Lots being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book No. 2, page $0. HAVING THEREON ERECTED a one and one-half story dwelling house, and being known and numbered as No. 23 Valley Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Darwin M. Hoffheins and Louise B. Hoffheins, his wife, by Deed from Hazel G. Albright, widow, dated 03/14/1977, recorded 03/14/1977 in Book B 27, Page 182. Note: Darwin M. Hoffheins has since departed this life, vesting property solely in his wife Louise B. Hoffheins. PREMISES BEING: 23 VALLEY STREET, CARLISLE, PA 17013-3141 PARCEL NO. 40-22-0489-133 WRIT OF EXECUTION and/or ATTACHMENT C0~4MONWEALTH OF PENNSYLVANIA) N009-945 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 Plaintiff (s) From LOUISE B. HOFFHEINS 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$91,002.98 L.L.$.50 Interest from 6/11/2009-12/9/2009 (per diem - $15.17) $2,760.94 Atty's Comm % Due Prothy $2.00 Atty Paid $228.50 Other Costs Plaintiff Paid Date: August 25, 2009 (Seal) 7 C is R. Long, Pr ota r By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court 1D No. 62205 Real Estate Sale # On September 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as, 23 Valley Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 8, 2009 By: Real Estate Coordinator ~` ~;4\; ~~ ~:~ , ~% ;he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries = 71i-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c~he ~latriot 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 Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she 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: 10/23/09 10/30/09 11 /O6/09 .' ..~ Sworn t n subscribed before ~ne is 6' y of November, 2009 A. D. ,.i ~ , ~ ~ ~~,~ ~, 11 /~ Notary Public COMMONtNEHI_TH OFF PENNSYLVANIA Notarial ~®a! 3heirio L. Kisser, ~tptary public City ~ ~+'t~!~7stiurg, Dauphin County M~ y Commission iExpires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Writ No. 200f1A4S Clvll Term Ths Bank of fiswYork 11MNkm Trust CornPtarnr, Ntttlonal Assoclatlon, f=lKlA The Bank of New York Trust ~:ompany, N.A., as Successor to JPMorgan Chase Bank N.A. SBM Bank One National Association, abTrustee fora RASC 2001 K$1 ' Vs Louise B, Hoffhelns Atty: Daglel Schmisy By viRue of a Writ of Execution No. CNII.-09- 945 THE BANK. OF NEW YORK MELLAN TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK, OP NEW YORK . TRUST- COMPANY, N.A. 'AS SUCC~$SSOR TO ]PMORGAN CHASE BANK N.A. SBM BANK ONE NATIONAL ASSOCIATION AS TRUSTEE POR RASC, 2001KS1 vs. LOUISE $. HOFFIiEINS owtaer(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being 23 VALLEY STREET, CARLISLE, PA 17013- 3141(Acteage otsheet address) Parcel No. 40.22-0489-133 Improvements thereon: RESIDENTIAL DWELLING 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 periadical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 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. isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 6 day of November, 2009 ~~~ Notary ~ ..___®. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 26. 2.010 Writ No. 2009-94b Civil The Bank of New York Mellon Trust Company, National Association, f/k/a The Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank N.A. SBM Bank One National Association, as Trustee for RASC 2001KS1 Louise B. Hoffheins Atty: Daniel Schmieg By virtue of a Writ of Execution No. CIVIL-09-945, THE BANK OF NEW YORK MELLON TRUST COM- PANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUC- CESSOR TO JPMORGAN CHASE BANK N.A. SBM BANK ONE NA- TIONAL ASSOCIATION AS TRUSTEE FOR RASC 2001KS1 vs. LOUISE B. HOFFHEINS, owner of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being 23 VALLEY STREET, CARLISLE, PA 17013- 3141. Parcel No. 40-22-0489-133. Improvements thereon: RESIDEN- TIAL DWELLING. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which AMERICAN GENERAL FINCNCIAL SERVICES INC is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 945, at the suit of RASC 20001 KS 1 TR against LOUISE B HOFFHEINS is duly recorded as Instrument Number 201001731. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this ~?0 ~_, A.D. ~ DAD day of of Deeds