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Home My WebLink About04-2011 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No, 12248 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 ATTORNEY FOR PLAINTITF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CNIL DNISION TERM Plaintiff NO. CL/-~/( Gu~CT€IuJ v. CUMBERLAND COUNTY STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. IT 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. IT YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 89356 File #: 89356 IF THIS IS THE FIRST NOTICE THAT YOU HAVE REO:IVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL HOME LOANS, INC 11200 WEST PARKLAND AVENUE MILWAmmE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 09/23/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1774, Page 3213. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 89356 6. The fo1\owing amounts are due on the mortgage: Principal Balance lnterest 09/01/2003 through 05/04/2004 (Per Diem $29.30) Attorney's Fees Cumulative Late Charges 09/23/2002 to 05/04/2004 Cost of Suit and Title Search Subtotal $142,608,54 7,237.10 850.00 246.88 $ 750.00 $ 151,692.52 Escrow Credit Deficit Subtotal ,438.73 0.00 $- 438.73 TOTAL $ 151,253.79 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be co1\ected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice oflntention 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) haslbave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslbave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 151,253,79, together with interest from 05/04/2004 at the rate of $29.30 per diem to the date of Judgment, and other costs and charges co1\ectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM~NDPHELAN,~~/,1t1 , &',ljd/0 By: /s r~al1inan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 89356 ALL THAT CERTAIN tract of real estate with home improvements l,rected thereon situate in Southampton Township, Cumberland County. Pennsylvania. bounded ,Old described as follows: BEGINNING AT AN iron pin to be set at the northwestern comer of Lot No. 28; thence along the common line of Lot No. 28 and Lot No. 29 North 49 degrees 36 minute:s 01 seconds East, 132.48 feet to an iron pin to be set at the IlOrth~ comer of Lot No, 28; thence along Milky Way, South 38 degrees 46 minutes 47 seconds East, 81.03 feet to an iron pin to be set at the southeastern comer of Lot No. 28; thence along the common line of Lot No. 27 and Lot No. 28 South 49 degrees 36 minutes 01 5eWnds West, 130.49 feet to an iron pin to be set at the southw<:S':em comer of Lot No. 28; thence along the common line of Lot No. 28 and Lot No, 55 North 40 degrees 11 minutes 22 seconds West, 81 feet to .m iron pin to be let, being the point and place of BEGINNING. CONTAlINING 10,650 square feet and being Lot 28 pursuant to the Hllmpton Hills, Phase 1 Final Subdivision Plan, dated February 2, 1996, and :revised March I, 1999, prepared by Martin and Martin, Inc., recorded on October 5, 2001, in the Office of the Register ell: Recorder of Deeds of Cumberland County, Pennsylv.mia, at Volume 84, Page 14. . SUBJECT to all rights-of-way, restrictions, easements. conditions, and set-back lines of record, including but not limited to those stated in the aforementioned subdivision plan. BEING A PORTION OF THE SAME REAL ESTATE which, Hampton Hills Development Company, a Par:nersbip, by deed dated July 18, 2002 and recorded on September 26, 2002, in the Cumberland County Recorder's Office, in Deed Book 253, Page 3762, conveyed to Steven C. Hess, woo joined by his wife, Robin L. Hess, are the Grantors herein. PREMISES BEING: 112 MILKY WAY VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is coWlSel's intention to substitute a verification from Plaintiff as soon as it is received by cOWlSeL 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, :tmIW'Ja ~ l.Jft Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: c<i-;/ ocl ~ (.:) ~ ~ 'i ~ (") ....., ,-- = 0 (;.-:;:1 ~ ..c- "T1 !: :x 7 ...... :.:-...... c..., CI) r;1 :!J & - , 8 0 I -r1rn & Ul :06 ~ D( , .3_7_ ~ :":)10 ~ , :...t.;;: ~;~~q ~ , / 9 :-:':'lir1 -1 -< -' N '':;0 ~ 0'> --< -:(:- SHERIFF'S RETURN - REGULAR CASE NO: 2004-02011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HESS STEVEN C ET AL 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 HESS STEVEN C the DEFENDANT , at 1950:00 HOURS, on the lOth day of May , 2004 at 112 MILKY WAY SHIPPENSBURG, PA 17257 by handing to STEVEN CHESS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So A?~~ 18.00 13 .11 .00 10.00 .00 41.11 R. Thomas Kline 05/11/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me this 1/ f::J.., day of ~ :J...~ D:Z A.D. 1'-.10: 0 p~~ota-;y-)O - (j~t ~ BY~O +~~ 'I ~uty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HESS STEVEN C ET AL 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 HESS ROBIN L the DEFENDANT , at 1950:00 HOURS, on the lOth day of May 2004 at 112 MILKY WAY SHIPPENSBURG, PA 17257 by handing to STEVEN C HESS, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 . 10.00 .00 16.00 So Answers: r~~ R. Thomas Kline 05/11/2004 FEDERMAN & PHELAN Sworn and Subscribed to before 6i. me this 1/ day of~ .2,. - ~ A.D. 4-;, r.. 7Yl&<'~fI ~,.p - Il}, ~ (J Protfionotary By: ~e~~f J2~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO.lD4-2011 CIVILTERM STEVEN C. HESS ROBIN L. HESS Defendant(s). Notice is given that a Judgment in the above,captioned matter has been entered against you on Ju.ve / f' 200 L{ . ~ AOAotJ P7f~ DEPUTY If you have any questions concerning this matter, please contact: 1~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONEPENNCENTERATSUBURBANSTATIDN 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SillTE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 94-2011 CIVIL TERM STEVEN C. HESS ROBIN L. HESS Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEVEN C. HESS and ROBIN L. HESS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/4/04 to 6/17/04 TOTAL $151,253.79 $1,3/8.50 $152,572.29 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. j-vtM1J< ~1'T1 FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. <... f.J DATE: 1- /If~ /0)1 (!~::u;) k... 7C?r\f PRO PROTHY U FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No, 12248 LAWRENCE T. PHELAN, ESQ., Id. No, 32227 FRANCIS S. HALLINAN, ESQ., Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 51\1-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. A TIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CML DMSION Vs. : CUMBERLAND COUNTY STEVEN C. HESS ROBIN L HESS : NO. 04-2011 CMLTERM Defendants TO: STEVEN C. HESS 112 MILKY WAY SIDPPENSBURG, P A 17257 DATE OF NOTICE: ,nTNR 2, 2004 TIUS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. TIfIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIIAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIDS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY AITORNEY 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 MAYBE 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 INFORMA nON ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FILE CCpy .J J f\ $' J\.()fl1h. ,':'..Q.&QI\r{'(\(}fYl FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id, No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id, No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71)) )61-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ATTORNEY FOR PLAThITWF ; COURT OF COMMON PLEAS Plaintiff ; CIVIL DMSION Vs. ; CUMBERLAND COUNTY STEVEN e. HESS ROBIN L. HESS ; NO. 04-2011 CIVILTERM Defendants TO: ROBIN L. HESS 112 MILKY WAY SlDPPENSBURG, P A 17257 DATE OF NOTICE: .ITTNF: 2, 2004 THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT. TIfIS NOTICE IS SENT TO YOU IN AN AITEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE,W YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, TIfIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE 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 TIfE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIfER IMPORT ANT RIGHTS. YOU SHOULD TAKE TIfIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, TIfIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITIf INFORMA nON ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNIY CUMBERLAND COUNIY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 ~(\f~ ~~I\j'ff\orn FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETUP~ - REGULAR CASE NO: 2004-02011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HESS STEVEN C ET AL 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 HESS STEVEN C the DEFENDANT , at 1950:00 HOURS, on the 10th day of May 2004 at 112 MILKY WAY SHIPPENSBURG, PA 17257 by handing to STEVEN CHESS a true and attested copy of COMPLAINT - MORT FORB together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13 .11 .00 10,00 .00 41.11 So An?~~4 R. Thomas Kline 05/11/2004 FEDERMAN & PHELAN me this day of BY:~n +~~ UI ~uty Sheriff Sworn and Subscribed to before A.D. Prothonotary FEDE~ANandPHELAN,LLP By: FRANKFEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 94-2011 CIVILTERM STEVEN C. HESS ROBIN L. HESS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVEN C. HESS is over 18 years of age and resides at , 112 MILKY WAY, SHIPPENSBURG, PA 17257. (c) that defendant ROBIN L. HESS is over 18 years of age, and resides at, 112 MILKY WAY, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . . LEGAL DESCRIPTION ALL THAT CERTAIN tract of real estate with home improvemems erected thereon siwate in Southampton Township. Cumberland COWlIy. Pennsylvania, bounded and described as follows: BEGINNING at an !rOll pin to be sel at tile northwesfern comer of Lot No. 28; lbcna: along the common tine of Lol No, 28 and (,(l( No. 29 North 49 degr~s 36 minutes 01 seconds &"1. 132.48 ftet to an iron pin w be set at me northeastern comer of Lot No. 28; lIlCllCe a101l8 Milky Way, South 38 degrees 46 minutes 47 seconds East, 81.03 feet to an iron pin to be see at the southeastenl corner of Lol No. 28: thence along the corornonline of Lot No. 21 and Lot No. 28 South 49 degrees 36 minutes 01 seconds West, 130.49 feel to an iron pin to be set althe southwcSlcrn comer of Lot No. 28; thence along !be common line of Lot No. 28 ami Lot No. 55 North 40 degrees 11 minutes 22 seconds West, Sl feet 10 IIn iron pin to he set, being the p<lint and place of Beginui1lg, CONTAINING 10.650 square feel ami being Lot No, 28 pursuant to the Hampton Hills. Phase I Filial Subdivision Plan. dated February 2. 1996, and revised March I, 1999. prepared by Martin and Martin Inc.. recorded. all October 5, 2001, in tlte OIllCe of lbc Register &. Realrdcr of Deeds of CUmberfand County, Pennsylvania. at Volume 84, f".Ige 14. 'ITI'LE TO SAm PREMlSF.<J IS VES'I'I;P IN Rohin L. Hess, a married ~II by reason of the following: BEING niH SAME I'REMlSl3S whiJ:b. Hilll1plOn HiU Development Company, a Partnership by Deetl datcd 1/1812002 llnd recorded on 9/2612002 in the County of Cumberland in Deed 8ook. 253 pagc 3762 oon veyed unto Sleven C, Hess, AND ALSO BEING THE SAME PREMISES which Steven C. Hess and Robin L. Hess, husbll.lld and wife by Deed doled 10/30/2003 and recorded on 10/31/2003 in the County of Cumberland In Deed 8ook. 260 Page 670 conveyed unto Rohin L. Hess. II married person, PROPERTY ADDRESS: 112MILKYWAY,SHIPPENSBURG,PA 17257 TAX PARCEL: #39-14-0169-101 C /V ~ ~ ...0 st- 1i- 1t \) (Y r , w ~ ~ r---:'I () U'l , c::. f,--' ,\ --.c ,- ~ :~ en \l' :e .' . ~ - - ltJ --.c; N r-' {) J:- c; r ~; r- - - , " -" .. f..) .. c..._' , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE} P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No.~4-201l CIVIL TERM STEVEN C. HESS ROBIN L. HESS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $152,572.29 Interest from 6/17/04 to DECEMBER 8, 2004 (per diem -$25.08) $4,363.92 and Costs TOTAL $156,936.21 'dvUYnl! ,~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description ofproperty.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. r-r- tntn MM r-r- ... ... << ~~ ...< ~~ O~ ~ ~~ == 00> 0000 ~~ U .... ZZ ... ...... uZ ~ ~~ "'00 ........ u ~~ ~Z Zoo ~'E 5353 .,; Zz ~:; J~ <!) 0... 0000 ... :I 0000 t: ~ ~~ ...... 0000 ... ~ ~~ <!) ~~ ~ '" U'" 0-': .~ <!) O~ ...00 '" ,n ... ~ - ~~ ...>< .;, U' ~ ~ UZ ...00 Z'" ;~ .... ~~ ...~ ...Z .. l~ s 00 ce ~~ ~~ ~ '" ...... .... ...u ...= ~ os ii <!) ~~ ~~ ...~ o! ~ g P< 00 ... <= 1':< MM <!) ~... ~6 ... ... \) 8; ... ... oi!1 .... ~ ...... :;c U <Ii i5~ ~ ~ '" .;,; <!) <!) .t; ~ ~~ - ~ u U ~ li: ~ 01 ("iO) J4 c.~) ,:..:; -c :.....: 'C! '.:l.... 3 G) -I'-----;;h - - - a~ ~ - . >) vi .-) J 1 :::;..., -~ ~J 4- C:.J - ::: ::. , <..,! C:) '" - - ~ c--J ..( ~ ~ <.ij CJ Ij 0 J ---- '0 \) D 0 - V) () \) 1L~ -- <) '- () V:l l.J] .... lJJ -.: ~ -..:. J ~ ~ -..!l ~ <j{ 0" t.,.. 1>i- \.J n - t'Vj -- (Y. )'fr.r LEGAL DESCRIPTION ALL THAT eERT AIN lract of rcaI eslate wilh homc improvements erected thereon siroate in Southampton Township. Cumberland County, Pennsylvania. bounded and described as follows: BECINNING at an iron pin to be sel at tin; northweSlern comer of LoI No, 28; lI1cnce along Ihe common line 01' Lot No. 28 and Lot No. 29 North 49 dcgrel:s 36 mirunes 01 seconds 8l~,. 132.48 fcct to an iron pin to be sel 1I11.hc oortheaslern CQfOOr of LoI No. 28; thence along Milky War, South 38 degrees 46 minutes 41 seconds East, 81,03 fce( to an iron pin to be set at the southeaslernl comer of LOI No. 28: thence alung the cotlltllon line of Lot No, 27 and (.01 No. 28 South 49 degrees 36 minutes 01 seconds West, 130.49 fuel to an iron pin 10 be llCl at lh< .routhweSlern comer of Lot No. 28; rltcnce along die common nue of Lot No. 28 and Lot No. 55 North 40 degrees II minutes 22 seconds Wesl. 81 feet IQ an iron pin to be set, heing the point and pIa"'" of Beginning, CONTAlNlNG 10.650 square feet and being LoI No, 28 pursuant to tbe Hampton Hills, Phase I Final Subdivision Plan, dated FebfWlry 2, 1996, and revised March I, 1999. pr~red by Martin and Martin IDe,. recorded on October 5. 2001, ill the Oflice of the Register & Rewrdcr of Deeds of Cumberland COtlllty, Pennsylvania. ar Volume 84, Page 14, TITLB TO SAID PREMlSF.'i IS VESTED IN Robin l.. Hess, a m.rrled persall by reasoll of the fallowing: BEING TIll': SAMF. I'REMISES which HllmplfJn Hill pevelopmenl Company, a Partnership by De>e<I datcd 711812002 and recorded on 912612002 in the COUJIty of Cumberland in Ottd Book 253 page 3762 conveyed UIIl(l Sreveo C. n<:s,~, ANn ALSO BWNG THE SAME PREMISES which Steven C. Hess and Robin L. [Jess, l1usband and wife by Deed dated 10/30/2003 and recorded on 10131/2003 in the CQunty of Cumberland in Deed Book 260 Page 670 conveyed unto Rohin L, Hess, a married person, PROPERTY ADDRESS: 112 MILKY WAY, SHIPPENSBURG, P A 17257 TAX PARCEL: #39-14-0169-101 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION NO 04-2011 Civil CIVIL ACTION - LAW SYSTEMS, INC., Plaintiff (s) From STEVEN C. HESS AND ROBIN L. HESS (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) Ifproperty 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 himiher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $152,572.29 L.L. $.50 Interest FROM 6/17/04 TO 12/8/04 (PER DIEM - $25.08) - $4,363.92 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $139.11 Other Costs Plaintiff Paid Date: JUNE 18, 2004 (Seal) CURTIS R. LONG Prothonota)1 '--Jly: /&'1J_tl _Po '7'f02/b~J Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PffiLADELPffiA, P A 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION STEVEN C. HESS ROBIN L. HESS NO. $4-2011 CIVILTERM Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. 3~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ("', c ' c) c."," ,,-, '.;::~,l I;:".) () .:j C:) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN C. HESS ROBIN L. HESS NO.Cl4-2011 CIVILTERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 112 MILKY WAY, SHIPPENSBURG, PA 17257. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occnpant 112 MILKY WAY SHIPPENSBURG, P A 17257 Domestic Relations of Cnmberland Connty 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisbnrg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 17.2004 DATE :1.AMJ'< ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~:~ .~_. c~ ',1 r (,1 , ) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No.l!l4-2011 CIVILTERM v. STEVEN C. HESS ROBIN L. HESS Defendant(s). June 17, 2004 TO: STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 "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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 112 MILKY WAY, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $152,572.29 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance withPa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attomey'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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe 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 fun amount due in the sale. To find out if this has happened, you may can (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 fun amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of real estate with home improvements erected tI1c,.eon Silllate in Southampton 'rownship, Cumberllllld Coulll.y, Pelltlsytvania, bounded and described as follows: DOOINN1NG at l\tI iron pin tel be set at the nortbwesrero comer of Lot No. 28; IlIcni:e alOllg the common line af Lot No, 28 and I.ot No. 29 North 49 degrees 36 minutes ot seconds &1. 132.48 feet to aD iron pill lU be set at the oortheastern C<Jmer of Lot No. 28; Uteoce along Milky Way, South 3S degrees 46 DlInuie& 47 second& East, 81.03 fed to an iron pin to be set .. tbe souUtcasterll comer of Lot No. 28; thence along tbe ooromon line of Lot No. 21 and Lot No. 28 South 49 degrees 36 minule1l 01 seconds West, 130.49 feet to lIIl iron pin to be set at tile southwestern comer of Lot No, 28; thence llloog tbe COl1lll1.on line of Lot No. 28 and Lot No. 55 North 4() dcg,rces 11 minut:es 22 seconcls West, 1\1 feet lQ lIn iron pin to be set, beillll \he point and. place of Beginning, CONTAINING 10.650 square feel and being Lot No. 28 puI1luant to the Hal1Ipton Hills, Pba.-;e I Final Subdivision Plan, dated Febl'llllry 2; 1996. and revised MardI 1, 1999, prepared by Martin Imd Martin Inc.. recorde4 on October 5, 2001, in the OffICe of the Regi:lt.e1' &. Recorder of Deeds of CUmberland County. Pennsylvania, Ill: VolllllJll 84. Page 14. TITlJl TO SAID PREMISF,S IS VESTRO IN Robin I.. Hess, a married P'="On by rea80ll of the following: BEING TItE SAME PREMISI]S whidl Hamplfm HiU Development Compan)', a Partnenhip by 0=1 datcd 1/1S/2002 and recorded on 9126/2002 in the County of Cumberland in Deed !look 253 pllgc 3762 OOI1veyed IIDlQ Stev~D C. Hess, AND ALSO BEING THE SAME PREMISES which Steven C. Hess and Robin L. Hess, husblllld and wife by Deed dated lOl3Q/2003 and reoordc:d 01110/31/2003 ill the County of Cumberland in ))ee(l Book. 260 Page 670 conveyoo unto Robin L. Hess. a married person. PROPERTY ADDRESS: 112 MILKY WAY, SHlPPENSBURG, PA 17257 TAX PARCEL: #39-14-0169-101 ,'. ~ :.'.~ C) -,-'- -j-I " ~ c, C.J ,.l,., , ,__I : ~..; (-,-, Mortgage Electronic Registration Systems, Inc, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL DIVISION Steven C. Hess Robin L. Hess Defendant NO: 04-2011 SUGGESTION OF BANKRUPTCY To the Prothonotary: Please file in the above captioned case the Suggestion of Bankruptcy as Evidence that the Defendant, Steven C. Hess, in this case has filed for bankruptcy protection under Chapter 13 of the United States Bankruptcy Code on July 8, 2004 at Docket No. 1-04-04171-MDF in the Middle District of Pennsylvania. By .SHAM KNAUSS & ERB, P.C. -- (..2) oung-suh Koo, Esquire I.D, #: 87961 3211 N. Front Street PO Box 5300 Harrisburg, PA 17110-0300 Dated: July 12,2004 30S528-1 " (") "-> 0 = c: = ,., ~~ .z:- C- ..... -on; I-Y1 rnfT, c:: n1F; ~?:':'T.' .- 6l~):~ :gm -<.c c.:> B~ r:::c:" 5;Ci -u c>-n 3: -.;;-G ";;0 L,..:;.-m c.: C) --1 Z 1> ~ c:> :0 N -< CERTIFlCATE OF SERVICE AND NOW, this 12th day of July, 2004, I, Y oung-suh Koo, Esq., of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served the foregoing Suggestion of Bankruptcy this day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Federman & Phelan, LLP One Penn Center at Suburban Station Suite 1400 1617 JFK Blvd. PhiladelphiaPA 19103-1814 S~8~ oung-suh Koo, Esquire 308528- ] .. (") ~ = 0 r =" ,-- .,-, 'c:' .&"" v'O- e... :r-n rl1 ~>:.' c: Z_T~i: r m- 2':'~:. -o~ ~~.. W t36 r,:.:c" ---< ..;;,; -0 ~::n ~ ,-"" 7.....' :x J; S;~ -70 "::"-r," '-.- 0 :-~, -, );0; ::? c::> :D W -< AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PJT PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.'4-2011 CIVILTERM DEFENDANT(S) STEVEN C. HESS ROBIN L. HESS ACCT. #53719738 SERVE STEVEN C. HESS AT 112 MILKY WAY SHIPPENSBURG, PA 17257 Type of Action _ Notice of Sheriff's Sale S,de Date: DECEMBER 8, 20.0.4 SERVED . Served and made known to: ~'-I '0l\... C.-/ \-\.-:::.2-., Defendant, on the 3 ( 0 day of ~ A \ ~_, 2o.o.~ at~o'clock~.m,at 1\2J, \'(l; W,,{ l ~'J:A.\.1 J F:h~b..A.J ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. ManagerJClerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business.. an officer of said Defendant(s)'s company. Other: ..., rJ'.' Description: Ag~ HeighP Lo weight.lf1) RaceWSexL Other I, ~. \\X (' IrP II e.. ~;k~ competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the N . ce of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abov . ~ Seal UnllaJ.~.NoIafyPo.Cllic ~ Sworn to and subscribed CldIIeBanl,Cl.'olloolaIldColny. 42 ~ befor me this 3rt! da W,O"I.......ElPNsJUrZl. / oft~r}y:eJ'(';.-""',2.00'!!. __.FM_,~_ <. ~'1_ NO~/!t,J.~ By: PLEl"iE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 ,t Attempt: / / Time: 2Dd Attempt:: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of . 200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ii /'...,,,,.~t'1 -..~.. ','. \.1 ,\,,:'-' '\;1. l.iUlf\; ,i 1'''~I'''.o:) .<: \ ii __ ;~, -~:r: ~-. ",-)''UJ,J !'Y:ii-'f1"r'fl:lo:.' - .,..., ...' t__.~,_, ._. O#_<_~"_ "~__~"._~,.___-,._............ _~_"_." . .v'H t:) '" ,;..:...,,,A, f~'..'lV?l"''-t . ''''IN>MN .. c ;-i't (,"; c:") ,:; . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PJT No.'4-2011 CIVILTERM DEFENDANT(S) STEVEN C. HESS ROBIN L. HESS ACCT. #53719738 SERVE ROBIN L. HESS AT 112 MILKY WAY SHIPPENSBURG, PA 17257 Type of Action - Notice of Sheriff's Sale Sllle Date: DECEMBER 8, 2004 SERVED Served and made known to ~h\ n \ _ \-\./"'SS . Defendant, onth" ,~{d dayof3u\~ ,200~atq ;:5S0'cioc~.m,at lId, \f)i \'<..~ u.:B'1 ~ShI~~\::::L.Ad U ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~Adult in charge of Defendant(s)'s residence who refused to give name or rel"tionship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant( s)' s office or usual place of business. an officer of said Defendant(s)'s company. Other: c,( \ , ' I :"\ Description: AgbJ... Heigh~ Weight \...:)0 Race ~ex 1= Other I, -\J. ' ~ ,{\')pI II'? G,-,~ competent adult, being duly sworn according to law, depose and state that I personally handed a true and corr ct copy of the Notice ofShenffs Sale m the mann"r as set forth herem, issued in the captioned case on the date and at th . dicated.ab<Jv . ~.a1 SUaO UlldaJ. J~. NalaIV P\dC C8IIII88clO.~ W, Cl....1lAli1Y" EJliNI ~ ...,... """."... . By: Sworn to and subscgbed bef:! 3'1 r 3 r day of ,2001- Notary: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 sl Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of . 200. _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 --........-.,.....- ft ',' ~ L~' ,. ~ ,,,':'- "~';.1.:',J..';,-,~ '-.~4 J(,r -';)~'''ll')r~.1'f'f1 ~'/h:IttMMw:-) ;:\):'It';, ';....ii...,..-,f..~_;'t.~':~l.."'.\'",.; , ".'-""- '-'-""-... ;,'-~',." ",'.', :.tttion:J.!')lA:~~.lrn.." . --1 --n \: U") .J Mortgage Electronic Registration Systems, Inc. VS Steven C. Hess and Robin L. Hess In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2011 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Levy Surcharge Law Journal Share of Bills 30.00 4.93 15.00 .50 1.00 15.00 30.00 124.35 30.42 $ 251.20 Sworn and subscribed to before me This~dayof A-G~",,,,-L, -' 2004,A.D.Ql~D .0 )v,,'lh -: ~ Prothonotary So Answers: ,,<" ~~ ~"~""";" '... ,'.-' I'" <,'~,'$o~'P'!'>i,,* '-'''1'.''''...,14;, ,,,*,' .' .;."'~' ,;,~ .,:.. R. Thomas Kline, Sheriff BY ,jo ~ .Jwui J, Real Es te Deputy UIJ ck.. ~ 1'54 7 ueL ,H oJJ '. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEA v. CIVIL DIVISION STEVEN C. HESS ROBIN L. HESS NO.04-2011 CIVILTERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the ab its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for th Execution was filed the following information concerning the real property located at 112 WAY, SHIPPENSBURG, PA 17257. e action, by Writ of ILKY 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii n on the real property to be sold: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of ev~Ty mortgage of record: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and hose interest may be affected by the sale. Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot reasonably ascertained, please indicate) Tenant/Occnpant 112 MILKY WAY SHIPPENSBURG, P A 17257 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of personal knowledge or information and belief. I understand that false statements herein are made s bject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 17. 2004 DATE :1~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-2011 CIVIL TERM v. STEVEN C. HESS ROBIN L. HESS Defendant(s). June 17, 2004 TO: STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHA BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. ATION GEIN UED TO BE Your house (real estate) at 112 MILKY WAY, SHIPPENSBURG, PA 17257, is heduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland Co ty Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $ 52 572.29 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the m rtgagee) against you. In the event the sale is continued, an announcement will be made at said sale n 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, I te charges, costs and reasonable attorney's fees due. To find out how much you must y, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to stri e or open the judgment, if the judgment was improperly entered, You may also ask the our! 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 mo e 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 OTH R 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 bidd . 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 gr ssly 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 ner 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 t e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A chedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days oft e sale. This schedule will state who will be receiving that money. The money will be paid out in accor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 bac , 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 OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale m st be postponed or stayed in the event that a representative of the plaintiff is not presen at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TRAT CERTAIN tract of real estllt.e with home improvel1l~llls erected thereon situate in Sonthampton Township, Cumberland County, Petulsylvania, bounded and described as follows: BEGINNING at an iran flln to Ix set at the nortllwe8lern carner of Lot No. 28; thence alOll!! the CQIllmon line of Lot No. 28 and J..(lt No. 29 North 49 degrees 36 minutes 01 seOOJlds East. 132.481ect to an Iron pin to be set at !be northeastern comer of Lot No. 28; lh= alOllg Milky Way, South 38 lk)grees 46 minutes 47 seconds East, 81.03 feet to an iron pin to be set at the 5Ol!theastern comer of Lot No. 28; thence alQJlg the COJ1JJllon line of Lot No. 27 and LoI No. 28 South 49 degrees 36 minutes 01 liecollds W""., 130.49 feel to an iron pinto be set atlhe southwestern curner of La!. No. 28; thence along the OOttlJItQllline of f.nl No. 28 and Lot No. 55 North 40 degrees 11 minutes 22 seconcls West, s! reet tQ lIn iron pin to be set, heing the point a.nll place of Beginning. CONTAINING 10.650 square reel and being Lot No. 28 pUJsuanl to !be Hamploo Hills, Pba~ I Final Subdivision Pl:uJ, dated FebrUJIf)' 2; 1996, amI revised MarchI, 1999. prepared by Martin and Martin Inc.. rcconled all October 5, 2001, in the Ollke of lhe Register & Recorder of Dwis of Cllmberfand County, Pennsylvania, at Volume 84, Page 14. 'l1TLB TO SAID ~REMlSF.<; IS VF~TED IN Robin 1.. Hess, a married pen;on by reason of the following: BEING nlH SAME PREMISJ1S which HilllIplon HiU Development Company, a Partnership by Deed datcd 1/IS/2002 aoo recorded VII 9/2612002 in thc County of Cumberland in Deed Book 253 page 3762 conveyed uolO StCWD C. Hess. AND ALSO BEING THE SAME I'RtiMISBS which Sleven C. Hess and Robin 1.. Hess, husband and wi.fe bl! Deed datal 10/30/2003 and [erordro 00 10/31/2.003 in the County of Cumberland in Deed. Book: 260 Page 670 conveyed unta Rollin L. Hess. a married person. PROPERTY ADDRESS: 112 MILKY WAY, SHIPPENSBURG, PA 17257 TAX PARCEL: #39-14-0169-101 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEAL ill OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-2011 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From STEVEN C. HESS AND ROBIN L. HESS (I) 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 fr m paying any debt to or for the account of the defendant (s) and from delivering any property of the defen ant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added a garnishee and is enjoined as above stated. Amount Due $152,572.29 L.L. $.50 Interest FROM 6/17104 TO 1218/04 (PER DIEM - $25.08) - $4,363.92 AND COSTS Atty's Comm % Due Pro thy $1.00 Ally Paid $139.11 Other Costs Plaintiff Paid Date: JUNE 18, 2004 CURTIS R. LONG (Seal) B: Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #02 On July 06, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, P A Known and numbered as 112 Milky Way, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: July 06, 2004 By: JQchJS~il, Real Esdie Deputy ~ C\N ~ = ~ ~ ." 'r ; I ....~ : ,. IZ Hili , . ;.,~:; I..' j j .j J.:! :(:~:. REAL ESTATE SALE NO. 2 Writ No. 2004-2011 Ciw Mortgage Electronic Registration Systems. Inc. vs. Steven C. Hess and Robin L. Hess Atty., Frank Federman LEGAL DESCRIPTION ALL TIiAT CERTAIN tract of real estate with home improvements erect- ed thereon situate in Southampton Township. Cumberland County. Pennsylvania. bounded and de- scribed as follows: BEGINNING at an iron pin to be set at the northwestern comeT of Lot No. 28; thence along the com- mon line of Lot No. 28 and Lot No. 29 North 49 degrees 36 minutes 01 seconds East, 132.48 feet to an iron pin to be set at the northeastern comer of Lot No. 28: thence along Milky Way. South 38 degrees 46 minutes 47 seconds East, 81.03 feet to an iron pin to be set at the southeastern comer of Lot No. 28; thence along the common line of Lot No. 27 and Lot No. 28 South 49 degrees 36 minutes 01 seconds West. 130.49 feet to an iron pin to be set at the southwestern corner of Lot No. 28: thence along the com- mon line of Lot No. 28 and Lot No. 55 North 40 degrees]] minutes 22 seconds West. 81 feet to an iron pin to be set, being the point and place of Beginning. CONTAlNING 10.650 square feet and being Lot No. 28 pursuant to the Hampton Hills, Phase I Final Subdivision Plan. dated February 2. 1996. and revised March 1. 1999. prepared by Martin and Martin Inc.. recorded on October 5, 2001. in the Office of the Register & Recorder of Deeds of Cumberland County. Pennsylvania, at Volume 84, Page 14. TITLE TO SAID PREMISES IS VESTED IN Robin L. Hess. a mar- ried person by reason of the follow- ing: BEING THE SAME PREMISES which Hampton Hill Development Company. a Partnership by Deed dated 7/18/2002 and recorded on 9/26/2002 in the County or Cumberland jn Deed Book 253 page 3762 conveyed unto Steven C. Hess. AND ALSO BEING THE SAME PREMISES which Steven C. Hess and Robin L. Hess, husband and wife by Deed dated 10 /30 /2003 and recorded on 10/31/2003 in the County of Cumberland in Deed Book 260 Page 670 conveyed unto Robin L. Hess. a married person. PROPERTI ADDRESS: ] 12 Mil- ky Way. Shippensburg. PA 17257. TAX PARCEL, #39-14-0]69-101. i. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No.04-2011 STEVEN C. HESS ROBIN L. HESS Defcndant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $152,572.29 Interest from 6/17/04 to SEPTEMBER 6. 2006 (per diem -$25.08) $20,339.88 and Costs TOTAL $172,912.17 JY1 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. t-t- I/ll/l ........ t-t- ........ << ~ ~~ ~c c~ ~;;;i ;;;i~ ~rJl rJlZ Z>ol >ol~ =-~ =-.... 1l ....:::: ::::rJl ;0> rJl . ... <l) ;;>< en <l) << .n ~~ >> '" ~~ 8 Vl ... ,..l= <l) ~~ g- o. ........ ~ .... .... <l) .... .... .<:: -----' ~ q ;.n ~ en <l) '--l -i::i .tJ 11 ~ -d .~ -< u. ----f- 's:!. 3 w r<J ~ ry c--- --- ni -~ V) ~ (jJ ~ ~ <;-- -- ---..J <J t ~ ~ (j 0:: -...: d % < Z ....- 0 oz .... rJl< .... U ;;;i -<;> u >ol,..l uZ ~'E' ,..l>< -- ~rJl Z ~ >ol ::l ZZ orJl rJlrJl '" OZ ~~ 0000 .... '" ~~ ....>ol >ol>ol 0] u~ :::::::: .... ... ~ ~ "">< u...l - '" oj: c;. ~.... ,..loo Zz ~%'J, uz ""z > >ol_ ....~ ""0 ;>~ ~~ 00 c- ,,"0 ot: "",u ~~ ....~ .... '" ~Q rFJ >ol6 ;;;i~ ........ =- ~rJl - 8~ 0- u ~c >ol >ol>ol ~ ~ ::::~ ....~ ~ z~ -u '/-- - -----f /--;., ctci ~J () <J ::: 1vJ - -Bf.~ >- 0 a- N ~ ~~: 6 UJSO: (.) ,d;" f,~ ,:,: ~"- :.lr.;r: oq; 6f? tn LUCL _...AUJ >- G:;:s ...c:;; :t:.:: I..L '_.CI .." . ~ 0 C_",'.l :.~) = 0 c--.. ~ ~ , '-- , - ~ - '- - - , :::- ~ -, , .::; () ~ () ~\ 3 --.I \J -- ~ Gj (j () 6,. ~~~ . ~ ....... '"" - Uj !~ ~ ~ v WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2011 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff(s) From STEVEN C. HESS AND ROBIN L. HESS (I) You are directed to levy upon the property of the defendant (sjand to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant( s j not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(sj that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property oftlie 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 $152.572.29 LL Interest FROM 6117/04 TO 916106 (PER DIEM - $25.08) - $20,339.88 AND COSTS Arty's Corom % Due Prothy $1.00 Atty Paid $402.81 Plaintiff Paid Other Costs Date: MAY 15, 2006 f. CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 7I7-563-7000 Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL THA T CERTAIN tract of real estate with home improvements erected thereon situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern comer of Lot No. 28; thence along the common line of Lot No. 28 and Lot No. 29 North 49 degrees 36 minutes 01 seconds East, 132.48 feet to an iron pin to be set at the northeastern comer of Lot No. 28; thence along Milky Way, South 38 degrees 46 minutes 47 seconds East, 81.03 feet to an iron pin to be set at the southeastern comer of Lot No. 28; thence along the common line of Lot No. 27 and Lot No. 28 South 49 degrees 36 minutes 01 seconds West, 130.49 feet to an iron pin to be set at the south western comer of Lot No. 28; thence along the common line of Lot No. 28 and Lot No. 55 North 40 degrees 11 minutes 22 seconds West, 81 feet to an iron pin to be set, being the point and place of Beginning. Containing 10,650 square feet and being Lot No. 28 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996, and revised March 1, 1999, prepared by Martin and Martin Inc., recorded on October 5, 2001, in the Office of the Register & Recorder of Deed of Cumberland County, Pennsylvania, at Volume 84, Page 14. TITLE TO SAID PREMISES IS VESTED IN Robin L. Hess, a man'ied person by reason of the following: BEING THE SAME PREMISES which Hampton Hill Development Company, a Partnership by Deed dated 7/18/2002 and recorded on 9/26/2002 in the County of Cumberland in Deed Book 253 page 3762 conveyed unto Steven C. Hess. AND ALSO BEING THE SAME PREMISES which Steven C. Hess and Robin L. Hess, husband and wife by Deed dated 10130/2003 and recorded on 10131/2003 in the County of Cumberland in Deed Book 260 page 670 conveyed unto Robin L. Hess, a married person. TAX PARCEL #39-14-0169-101 PREMISES BEING: 112 MILKY WAY, SHIPPENSBURG, PA 17257 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION STEVEN C. HESS ROBIN L. HESS NO. 04-2011 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JJrWY-J pi tJ }jC PtJYYU~ ) DANIEL G. SCHMIEG, ESQUIRE ()1' Attorney for Plaintiff """ = C:;...., <.:;;f'" - :-3.:- ~ - (..T' s~" ~\ ..z S?t .-\ -r:..,., -"n- \ ~. ::10 " . (::::~~?\ ;:')0 ~L'..rn ~2\ ~ ~ -""" 9 N - ---------- -- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN C. HESS ROBIN L. HESS NO. 04-2011 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,112 MILKY WAY, SHIPPENSBURG, P A 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None - 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 112 MILKY WAY SHlPPENSBURG, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 12.2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ...-----. <:) ~~; ,...:> "'" :? ~~ -'" - U\ o -<1 ::;l ~,--- ...,.., (11p ~t!1 :n~r: ~~?\ ~~ )'S :11 ".,..C") 'C)ft\ .,.....-\ 2" -.~ ""!")'''' ::r,':, - '? ['0 - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 04-2011 v. STEVEN C. HESS ROBIN L. HESS Defendant(s). May 12,2006 TO: STEVEN C. HESS 112 MILKY WAY SHlPPENSBURG, PA 17257 ROBIN L. HESS 112 MILKY WAY SHlPPENSBURG, P A 17257 **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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 112 MILKY WAY. SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$152,572.29 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: l. 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 "AVE 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of real estate with home improvements erected thereon situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern comer of Lot No. 28; thence along the common line of Lot No. 28 and Lot No. 29 North 49 degrees 36 minutes 01 seconds East, 132.48 feet to an iron pin to be set at the northeastern comer of Lot No. 28; thence along Milky Way, South 38 degrees 46 minutes 47 seconds East, 81.03 feet to an iron pin to be set at the southeastern corner of Lot No. 28; thence along the common line of Lot No. 27 and Lot No. 28 South 49 degrees 36 minutes 01 seconds West, 130.49 feet to an iron pin to be set at the south western comer of Lot No. 28; thence along the common line of Lot No. 28 and Lot No. 55 North 40 degrees 11 minutes 22 seconds West, 81 feet to an iron pin to be set, being the point and place of Beginning. Containing 10,650 square feet and being Lot No. 28 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996, and revised March 1, 1999, prepared by Martin and Martin Inc., recorded on October 5, 2001, in the Office of the Register & Recorder of Deed of Cumberland County, Pennsylvania, at Volume 84, Page 14. TITLE TO SAID PREMISES IS VESTED IN Robin L. Hess, a married person by reason of the following: BEING THE SAME PREMISES which Hampton Hill Development Company, a Partnership by Deed dated 7/18/2002 and recorded on 9/26/2002 in the County of Cumberland in Deed Book 253 page 3762 conveyed unto Steven C. Hess. AND ALSO BEING THE SAME PREMISES which Steven C. Hess and Robin L. Hess, husband and wife by Deed dated 10/30/2003 and recorded on 10/31/2003 in the County of Cumberland in Deed Book 260 page 670 conveyed unto Robin L. Hess, a married person. TAX PARCEL #39-14-0169-101 PREMISES BEING: 112 MILKY WAY, SHIPPENSBURG, PA 17257 -.1.__," AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY CQS No. 04-20.11 DEFENDANT(S) STEVEN C. HESS ROBIN L. HESS ACCT. #537197738 SERVE: ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 Type of Action - Notice of Sberiff's Sale Sale Date: SEPTEMBER 6, 20.06 SERVED Served and made known to ~b,' " L. 1-1 e.s!i , 200~ at $'": ll. ,o'clock ?m., at , Defendant. on the 2 r day of ..M4y ,Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age']S-~S- Height~" Weight~ Race~SexL Other I, 10 0. u.'6 12. " erJ..J , a competent adult, being duly sworn according to law. depose and state that I personally handed a true and correct copy of the Notice of Sherift's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Lot> \, before me this Md V~KS ES of ..P1- A<1~ iSS\9.tl oPlR II Notary: 1I'l 0311 iOO9 By:' J.)I 0... r:/ ~ dL:C ~~ :TTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ~ ATTEMPTED. NOT SERVED On the day of .200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / / Time: 2"d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this ~ day of , 200 _' Notary: By: Attoroev for Plaiotiff Daniel G. Sehmieg, Esquire - I.D. No. 62205 l 17 /C;L ,-, ~ "'" <- s-~' ~"'.',- '- - Q o ~ ~~ r'\1r:, ""(j'rlC'_ :"'1 ( <15j~ - - '~:'f, -._r o .-- .~ AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY CQS No. 0.4-20.11 DEFENDANT(S) STEVEN C. HESS ROBIN L. HESS ACCT. #537197738 SERVE: STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, PA 17257 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 200.6 SERVED Served and made known to S-J. e u,...... C. 1-1 ~.> So , Defendant, on the at 5:3.l.., o'c!ockE.m., at---.lJ 2. M .'l }( y l,..ov G\ Y 28" dayof /lAay .2oo~ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. .f v' Adult family member with whom Defendant(s) reside(s). Name and Relationship is '^'" I' t- Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside{s). Agent or person in charge ofDefendant(s)'s office or usual place of business. . an officer of said Defendant(s)'s company. Other: Description: Age~S- Height~ll Weight 130 RaceJe,LSex ~ Other I, bc..u. - ~ R.6 b Cf fS ,a competent adult, being duly sworn according to law, depose and state that J personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed ;!.oO" before me this~V FRANKS ES f) OfM.-M~~EXPIR , ~T 03112009 By: C<-...cI ~ - PLE~EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of .200 _.at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer V Beant 151 Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: S worn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 17 Ir:L (") "..-, 0 = ,- c:? -n "" ,-.- ..... tj :i:-n '. c: r1"F ""'10' ...'9 w l~:) .,: :;:-.;::1;';';', ~~ ,.~~~~~;1 ~. - - ,~ ___.1 ~<.. ~ _"l 0 ."" - If' '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN C. HESS ROBIN L. HESS Defendant(s). NO. 04-2011 AFFlDA VIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC hereby verifies that on MAY 12, 2006 trne and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s) and any known interested party. c:; DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Date: JULY 27, 2006 IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a renresentative of the olaintiff 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. - ;:"~ > . " -v. ~ 'C N .- 0 - .,. H . -t. t;',% h .il9.. \ u. ~ ?~ ~ :;,i 't. %\<, \' n~ if' \""\ \" !'~8 % 9. i so. " ('l ~ i~i!\( .",,;~~ ~ ~~ 5\ ~e '" i ,,~,.. \( ~~'ig'~> 'C~ 9.,0 g ~::> .,,_0 ~~g~-; ";'9.H ~.~.'6oa ;" h'%\-2, a~ q S g.,~%~%. ~~~Hg ~'e.~a~ ~'~iH 5'%\1:,& ?t ~.~(>. ",,%"'i\ l "\"" ~ O. -- '" :;!. H" %a"'~ r~ig h~i: S.\!,-a~ :r1t~'" .gg\i H\l ~i~\( ~~. a ~~H "'~. , 'it g.~.~ ii~'} . 'll. % ~~SQ l~~l 3:~ ". ~,v.''9,.~ tH ,., - r' ~ 9.t: W",a ~ ~ '; ~ ~ .,. a. ~ to % ~ %- to ~ "",-0"'" '%~~~ .,-->"",r %O''''J>' ,%ssz ~. '11()~ .?'. " "'" ;!. 'J>''{;!!,t'' _s~fZ. ~&\€?;. v>~0" ~o \'J>'6 .-~ ....~ Qa~'A ~ po o' \1; ~\€"~ ...~. ~ 'Z '" ::-' t"l- r' 'Ag '\ o;r. "'" ~ . ~ ~ ~~~~~l o:l ~ ';l> ~ '(i\ ... ~~~~~\ ~. ~ ~ l ~\~~~l ;:;":::~~~\ ~,.,~~'Z; 'f' ; _ '" if' ~ ~C';:iI1~~ .<.Q;!Z't.('l' ~;~~i\ if'" ~ ~ ';\ ~ ~ ';l> ~ t" :% ';d :< ~ ~ 11 '" if' d d 11 ~ t;'d ('l \\\\\ ';l>",C'!\- _ ';l> ~ 0 ~ ;3:;- '110 ~ ~ ; ~ ~ :; r ;r. ~~~ _ 0 '" <:: o \iI o:l if' % ~ ~ trt \~ '" 'f. ~~ 9> ';l> '" :; ';l> e :; '" t?-(T$~ - ~ ~o ~,,-;;:;~ -.:.~- . __~P'ltl{.'i~5 . ___ rl:.O . 02 \1>- $ 01.;:1>0' . . 0004:;09825 l-/ol' 'i \ 2 2006 . ~...\LE-O fRO,,^ 1.\I'Coot \ 9\ 0:; .. \ ." ~ ... ;-, :::;-J 1" '- r 1 .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN C. HESS ROBIN L. HESS NO. 04-2011 Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .112 MILKY WAY. SHIPPENSBURG. PA 17257. I. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland-Franklin Joint Municipal Authority 725 Municipal Drive Shippensburg, P A 17257 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 8. 2006 DATE D~~ Attorney for Plaintiff . . l --,. DATE: AUGUST 8, 2006 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. STEVEN C. HESS ROBIN L. HESS TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): STEVEN C. HESS ROBIN L. HESS PROPERTY: 112 MILKY WAY SHIPPENSBURG, PA 17257 Improvements: Residential dwelling Judgment Amount: $152,572.29 CUMBERLAND COUNTY NO. 04-2011 The above-captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on OCTOBER 4, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 2 ~ .",. -oGJ fTi["l\ Z~:l: "21:,.. (O.J,,~, ~<..,> ~\..j "J::"C::; "Z .~ ""-U "C ~ "~ ~ ~ ~ '"' .. - - , . Q, ~ "'~ :B9 (J\Q ~~ ,-rrl 9. ~ "'0 :J' r:-? z;- '" /.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS STEVEN C. AND ROBIN L. HESS Defendant( s) CIVIL DIVISION NO. # Oi/-Ololl CiVl ( AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attor ey for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., hereby verify that on true and correct copies of the NIltice of Sheriff's Sale were served by certificate of mallin to the Recorded Lienholder(s) and any known Interested party. ~;p~~ D LG.S ,ESQ Attorney for Plaintiff Date: August 8. 2006 IMPORTANT NOTICE: This property is sold at the direction ofthe plaintiff. It mav not be sold In the absence of a reoresentatlve of the olalntiff 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. \ ::9.(;11 _ _ ';:: '0 gE ~ ~ VJ N- . Z c:~ h 00 ~sa. ~ i ~ it ~ ,,{ ~ ~~ ('l 0;, :c 3l1l m s '" (/'J '" _I II ~ hx ~:-\\ ~ g i A ~'::ig.ii ~~i\i1: ~~~ i ~\-{ i N Yla.o ~BF [!@og ~ ~'1i1l ~! ~l~ i~ g~\ 1 i i!tH ~, ",g. ~.i i i ~ 5' ~n\ l'l! ~ i ~.lh. S-"ll!i -8&08. nH ~ un ili~ g.~.d ;d8'l! ~~lIl tt;;,'''Oti' l ~.~ \ '" 00 -J t"' S' .J::;.. I..;J N - (iI '" v. ~ c;' <ll :z: c: 3 a' .. .. ('l ~ El ! g.. a, 3. i ~ i 9-- ~ ~ ~ ~ ~ :1" ~ ~ !! a ~ f ~ o' i ~. '0 e. i ::1. ~ ..... N , v. :,';: f ~. '" -a' e. . . ~4"~~~ .. f(1.1'~~_ )! . ~ :5 "'V- ~ f'lTNn IlOW€S .02 1M $ 00.950 0004218010 AUG 09 2006 - MAILED FROM ZIPCOOf 19103 I \ \ I \ O>Z ....=-6 oo~~ ~~~ ~ =- ~~~~ ~-.I'"'O~ %~g~ ~':n~~ ~~!i:b -l;:;1~z. ~acn>- 0'<: g. z !~a.~ oo,,~ -- -I>-" ~;i'i !~. 0 " . - t'"' i!S~ l-' =0 ~ ~ l"1" ',." . ~. < ." gJ :g' f! & Ei '!" "" >- - ..... N v. ..... it~ lLA ~4 ~ ~ ~ ~ ~- ~ ~'-~ r n (') c ~ --O(:r fT\f. ' ""7' ~:r' 'Zr, (no."~. -<,<. r:;C 17(., '.r. ,:, .<-,( : ~C ~ ,..., = ~ E CO) .r:- -0 ::1: W .. W .c::- o 11 ~::n ~..~ .::l- ~"-~ ~ ~ Mortgage Electronic Registration Systems, Inc. VS Steven C. Hess and Robin L. Hess In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2011 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Poundage Postpone Sale Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 30.00 1.00 18.48 20.00 15.00 15.00 15.00 17.60 19.31 318.20 443.00 $ 942.59/ ~ /o~ 0 (,- 0 (., So Answers: <~L~ R. Thomas Kline, Sheriff BY d~f~ Real Estate rgeant \.~ Ue..~s?(, 'i ~. ) S 3 l}'t;) f , , . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN C. HESS ROBIN L. HESS NO. 04-2011 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .112 MILKY WAY. SHIPPENSBURG. P A 17257. 1. Name and address of Owner( s) or reputed Owner( s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 112 MILKY WAY SHIPPENSBURG,P A 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 12. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 04-2011 v. STEVEN C. HESS ROBIN L. HESS Defendant(s). May 12, 2006 TO: STEVEN C. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 ROBIN L. HESS 112 MILKY WAY SHIPPENSBURG, P A 17257 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 112 MILKY WAY. SHIPPENSBURG. P A 17257. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $152.572.29 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 HA VE 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 ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THA T CERTAIN tract of real estate with home improvements erected thereon situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin to be set at the northwestern comer of Lot No. 28; thence along the common line of Lot No. 28 and Lot No. 29 North 49 degrees 36 minutes 01 seconds East, 132.48 feet to an iron pin to be set at the northeastern comer of Lot No. 28; thence along Milky Way, South 38 degrees 46 minutes 47 seconds East, 81.03 feet to an iron pin to be set at the southeastern comer of Lot No. 28; thence along the common line of Lot No. 27 and Lot No. 28 South 49 degrees 36 minutes 01 seconds West, 130.49 feet to an iron pin to be set at the south western comer of Lot No. 28; thence along the common line of Lot No. 28 and Lot No. 55 North 40 degrees 11 minutes 22 seconds West, 81 feet to an iron pin to be set, being the point and place of Beginning. Containing 10,650 square feet and being Lot No. 28 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated February 2, 1996, and revised March 1, 1999, prepared by Martin and Martin Inc., recorded on October 5, 2001, in the Office of the Register & Recorder of Deed of Cumberland County, Pennsylvania, at Volume 84, Page 14. TITLE TO SAID PREMISES IS VESTED IN Robin L. Hess, a married person by reason of the following: BEING THE SAME PREMISES which Hampton Hill Development Company, a Partnership by Deed dated 7/18/2002 and recorded on 9/26/2002 in the County of Cumberland in Deed Book 253 page 3762 conveyed unto Steven C. Hess. AND ALSO BEING THE SAME PREMISES which Steven C. Hess and Robin L. Hess, husband and wife by Deed dated 10/30/2003 and recorded on 10/31/2003 in the County of Cumberland in Deed Book 260 page 670 conveyed unto Robin L. Hess, a married person. TAX PARCEL #39-14-0169-101 PREMISES BEING: 112 MILKY WAY, SHIPPENSBURG, P A 17257 WRIT OF ~XECu:rION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2011 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From STEVEN C. HESS AND ROBIN L. HESS (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $152.572.29 L.L. Interest FROM 6/17/04 TO 9/6/06 (PER DIEM - $25.08) - $20,339.88 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $402.81 Other Costs Plaintiff Paid Date: MAY 15, 2006 ~TI . (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 717-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 46 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real ,property situated in Southampton Township, Cumberland County, PA Known and numbered as 112 Milky Way, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: ~()~~l Real Estate Sergeant bE :b V b I A VW qOOl u U- >", l...' ~ '''{!'' ..),. ',.... \'0 IU.id lu,J Lfl '. i.j.:i8WflJ .:1.~IH3HS 3111 .dO 3JI.:l.:JO r. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth ofPeIIIIsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #46 ~ , CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 d~-:c ~... -.". \ J .).;;. \0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. 2 .-/ SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 r NOTARI L SEAL I LOIS E. SNYDER, Notary Public I Carlisle Boro, Cumberland County , 'vlv Co~rnission Expires March 5, 2009 t\.-:,....~i~... REAL ESTATE SALE NO. 46 Writ No. 2004-2011 Civil Mortgage Electronic Registration Systems, Inc. vs. Steven C. Hess and Robin L. Hess Atty.: Daniel Schmieg LEGAL DESCRIPrION ALL THAT CERTAIN tract of real estate with home improvements erected thereon situate in Southampton Township, Cumber- land County, Pennsylvania, bound- ed and described as follows: BEGINNING at an iron pin to be set at the northwestern comer of Lot No. 28; thence along the com- mon line of Lot No. 28 and Lot No. 29 North 49 degrees 36 minutes 01 seconds East, 132.48 feet to an iron pin to be set at the northeastern comer of Lot No. '28; thence along Milky Way, South 38 degrees 46 minutes 47 seconds East, 81.03 feet to an iron pin to be set at the southeastern comer of Lot No. 28; thence along the common line of Lot No. 27 and Lot No. 28 South 49 degrees 36 minutes 01 seconds West, 130.49 feet to an iron pin to be set at the south western comer of Lot No. 28; thence along the com- mon line of Lot No. 28 and Lot No. 55 North 40 degrees 11 minutes 22 seconds West, 81 feet to an iron pin to be set, being the point and place of Beginning. Containing 10,650 square feet and being Lot No. 28 pursuant to the Hampton Hills, Phase I Final Subdivision Plan, dated Februazy 2, 1996, and revised March 1, 1999, prepared by Martin and Martin Inc., recorded on October 5,2001, in the Office of the Register & Recorder of Deed of Cumberland County, Pennsylvania, at Volume 84, Page 14. TITLE TO SAID PREMISES IS VESTED IN Robin L. Hess, a mar- ried person by reason of the follow- ing: BEING THE SAME PREMISES which Hampton Hill Development Company, a Partnership by Deed dated 7/18/2,002 and recorded on 9/26/2002 in the County of Cumberland in Deed Book 253 page 3762 conveyed unto Steven C. Hess. AND ALSO BEING THE SAME PREMISES which Steven C. Hess and Robin L. Hess, husband and wife by Deed dated 10/30/2003 and recorded on 10/31/2003 in the County of Cumberland in Deed Book 260 page 670 conveyed unto Robin L. Hess, a married person. TAX PARCEL #39-14-0169-101. PREMISES BEING: 112 Milky Way, Shippensburg, PA 17257.