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Home My WebLink About09-7428Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 VAchele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 220097 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. KEITH HOCKENSMITH 156 WEST NORTH STREET CARLISLE, PA 17013-2318 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq- X4,18 OCUMBERLAND COUNTY File #: 220097 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 220097 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KEITH HOCKENSMITH 156 WEST NORTH STREET CARLISLE, PA 17013-2318 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/30/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, F.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1809, Page 842. By Assignment of Mortgage recorded 12/28/2006 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 0733, Page 322. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2009 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. 6. The following amounts are due on the mortgage: File #: 220097 Principal Balance $49,457.09 Interest $1,483.20 05/01/2009 through 10/27/2009 (Per Diem $8.24) Attorney's Fees $1,300.00 Cumulative Late Charges $51.96 04/30/2003 to 10/27/2009 Property Inspections $47.01 Mortgage Insurance Premium / $40.28 Private Mortgage Insurance Cost of Suit and Title Search $550-00 Subtotal $52,929.54 Escrow Credit $0.00 Deficit $325.01 Subtotal $3251 TOTAL $53,254.55 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in nercr nam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 220097 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $53,254.55, together with interest from 10/27/2009 at the rate of $8.24 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. &Z J? Im ? Lawrence T. P elan, 1,7sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 220097 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ON the North by West North Street, on the East by the property now or formerly of W. Jackson; on the South by property now or formerly of Branson; and on the West by property now or formerly of Martha H. Keene; having a frontage on West North Street of 15 feet, more or less, and extending in depth 120 feet, more or less, and being improved with the eastern half of a double frame dwelling known and numbered as 156 West North Street. PARCEL NO.50-20-1798-330 PROPERTY BEING: 156 WEST NORTH STREET File #: 220097 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: b I?Wq - VA&&v-? Attorney for Plaintiff File #: 220097 f U-6ee OF THE P^?r,)'?QTARY 2009 OCT 28 PM is 06 4'78.5o PQ Arty ek* &q981 eTo a3a.(a s Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7428 KEITH HOCKENSMITH CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 220097 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney forfPJ,ai9ff , , By: ? La n T. Phel , Esq., Id. No. 32227 ? Fr cis . Hallin , Esq., Id. No. 62695 ? D iel G. ieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-17-09 R Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 PHS #: 220097 VERIFICATION Anne Neely hereby states that he/she is V.P. Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. op?/ / - Name: Ann eely DATE: 10/28/09 Title: V.P. Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 220097 Hockensmith Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. KEITH HOCKENSMITH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7428 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 220097 KEITH HOCKENSMITH 156 WEST NORTH STREET CARLISLE, PA 17013-2318 Phelan Hallinan & Schmieg, LLP Attorney for ]Xl iff By: ? La ce T. Phel , Esq., Id. No. 32227 ? ganiel ci S. Hall', Esq., Id. No. 62695 ? mieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 [3 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-17-09 PHS #: 220097 FILED-OIL ?:t(jcr- 2009 NOV 19 PM 12: 53 PENNSYLVANIA SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline ALED-oj acE Sheriff OF THE PP THOkIOTARy Ronny R Anderson Chief Deputy T009 NOV 19 PH ?2: S9 4 Jody S Smith Civil Process Sergeant OFF FE1'dSYEtij Vr41IA Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. Keith E. Hockensmith Case Number 2009-7428 SHERIFF'S RETURN OF SERVICE 11/17/2009 03:56 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2009 at 1556 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Keith E. Hockensmith, by making known unto himself personally, at 156 W. North Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 18, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheri ?C) CounrySuite She,M 7 ?i?cr,oR. In;; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' ~ ' ~ ~'' Jody S Smith Chief De ut tutu ~ Edward L Schorpp Solicitor ~'i~~ = _ C~i~~ °,~. . _ Wells Fargo Bank, NA Case Number vs. Keith E. Hockensmith 2009-7428 SHERIFF'S RETURN OF SERVICE 04/07/2010 09:28 AM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 928 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Keith E. Hockensmith, located at, 156 West North Street, Carlisle, Cumberland County, Pennsylvania according to law. 04/07/2010 09:28 AM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 0928 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, pon the within named defendant, to wit: Keith E. Hockensmith, by making known unto, Keith E. Hockensmith, personally, at,156 W. North Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 5/4/10 SHERIFF COST: $631.96 May 21, 2010 SO ANSWERS, ~ 't ~C.~~~--- RON R ANDERSON, SHERIFF C.~ ~.L ~.,~1. C/L~ ~~~ /~ ~? ~~~~~3~ 1l:ou! 5itr she f (Eie so't. fec. W~:LLS FARGO $ANK,~ N.A. COURT OF COMMON PLEAS 1 Plaintiff . CIVIL DIVISION v. N0.09-7428 KEITH HOCKENSMITH Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 156 WEST NORTH STREET, CARLISLE, PA 17013-2318. 1 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2 3 4 5 KEITH HOCKENSMITH Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 156 WEST NORTH STREET CARLISLE, PA 17013-2318 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Citifinancial, Inc. 1 Valley Street, Suite 103 Carlisle, PA 17013 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indiicate) 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 Address (if address cannot be reasonably ascertained, please indiicate) TENANT/OCCUPANT 156 WEST NORTH STREET CARLISLE, PA 17013-2318 Domestic Relations of. 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. January 6, 2010 By: ~~ ~ ~~--'- Atto for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. 1`l0. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. lvo. 81760 ^ Jenine R. Davey, Esq., Id. No. !37077 ^ Lauren R. Tabas, Esq., Id. No. !3337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 866`i7 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. N~o. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK; N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. 09-7428 KEITH HOCKENSMITH CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KEITH HOCKENSMITH 156 WEST NORTH STREET CARLISLE, PA 17013-2318 * *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O$T'AINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 156 WEST NORTH STREET, CARLISLE, PA 17013-2318 is scheduled to be sold at the Sheriffls Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $53,715.99 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffls Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 orie, 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 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-7428 WELLS FARGO BANK, N.A. vs. KEITH HOCKENSMITH owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 156 WEST NORTH STREET, CARLISLE, PA 17013-2318 Parcel No. 50-20-1798-330 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $53,715.99 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ON the North by West North Street, on the East by the property now or formerly of W. Jackson; on the South by property now or formerly of Branson; and on the West by property now or formerly of Martha H. Keene; having a frontage on West North Street of 15 feet, more or less, and extending in depth 120 feet, more or less, and being improved with the eastern half of a double frame dwelling known and numbered as 156 West North Street. TITLE TO SAID PREMISES IS VESTED IN Keith Hockensmith, a single person, by Deed from Carlisle Housing Opportunities Corporation, a Pennsylvania not-for-profit corporation, dated 12/22/2003, recorded 12/29/2003 in Book 261, Page 38 PREMISES BEING: 156 WEST NORTH STREET, CARLISLE, PA 17013-2318 PARCEL NO. 50-20-1798-330 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7428 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From KEITH HOCKENSMITH (1) You are directed to levy upon the property of the defendant (s)and to sell 5EE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $53,715.99 L.L. $.50 Interest from 12/23/09 to 6/2/10 ($8.95 per diem) -- $1,449.90 Atty's Comm % Due Prothy $2.00 Atty Paid $152.40 Other Costs Plaintiff Paid Date: 1,!1,0/10 David D. Buell, Prot onotary (Seal) By: Deputy REQUESTING PARTY: Name: l.`OURTF.NAY R. DUNN, ESQUIRE Address: PI4ELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 206779 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered, 156 West North Street, Carlisle, ,. ~~ _ _ ~- ~~-;amore ~ully described on Exhibit "A" filed with this writ <_ .: ~' and bey this reference incorporated herein. {,,, ~~ Dates March 22, 2010 <_:~ N Y• A ~j // Real Estate Coordinator 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: April 16, Apri123, and Apri130, 2010 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. Writ No. 2009-7428 Civil Wells Fargo Bank, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 vs. Keith E. Hockensmith Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-7428, WELLS FARGO BANK, N.A. vs. KEITH HOCKENSMITH, owner of property situate in the BOR- OUGH OF CARLISLE, Cumberland County, Pennsylvania, being 156 WEST NORTH STREET, CARLISLE, PA 17013-2318. Parcel No. 50-20-1798-330. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $53,715- .99. ---- isa Marie Coyne, ,ditor SWORN TO AND SUBSCRIBED before me this 30 day of April, 201(1 Notary ~~~~ NOTARUAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ,~ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2009-7428 Civil 04/16/10 Wells Fargo Bank, NA 04/23/10 as Trustee for ABFC 2006-ppT3 'ti Trust, ~~" "" ~ 04/30/10 .,9FC Asset-Backed Certificates, ~ ^ Series G~/~~i~ "~--~ 2006-OPT3 ... . ~%/ ... ..................... . vs. Keith E. Hockensmith %' Arty: Daniel Schmieg Sworn to and suns ' ibed before me th~ 18 ay of , 2010 A.D. By virtue of a Writ of Execution N0.09-7428 ~ WELLS FARGO BANK, N.A.~~,_-~~" ~, .G 4t ~~.!" / / ~~-~ G .` vs. ,. ( ~Z -- ~~, KEITt-IHOCICENSMITII ~~ ~ -' Notary Public owner(s) ofproperty situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 156 WEST NORTH STREET, CARLISLE, PA 17013-2318 COMMOryyyF,gLTH OF Parcel No. 50-20-1798-330 ~ ~ NSYLVANjq (Acreage or street address) Shen•le L Klsner, fVop Improvements thereon: RESIDENTIAL dower Pam tY Public DWELLING JUDGMENT AMOUNT: ~ CO~~ 6cptrg rye,. z6, ZOSl $53,715.99 Member, PennsylvarNa Association of Nota+ies WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-7428 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From KEITH HOCKENSMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $53,715.99 L.L.: Interest from 12/23/2009 To Date of Sale ($8.83 per diem) -- $9,527.57 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $809.86 Other Costs: Plaintiff Paid: Date: 8/31/12 /~ ~ ~ I ~ . . ,/JJL~.d.~ ,, David D. Buell, Prothonotary (Seel) cBy: A _ ~L Deputy 1ZEQUE~TING PARTY: Name: MTB~,ISSA J. CANTWELL, ESQUIRE ~~ddress: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308912 __ _ ~. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURI'~) P.R.C.P.3180-3183 WELLS FARGO BANK, N.A. Plaintiff v. KEITH HOCKENSMITH Defendant(s) COURT OF COM ON PLEAS CIVIL DIVISION NO.: 09-7428 CUMBERLAND C To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/23/2009 to Date of Sale ($8.83 per diem) $53,715.99 9 527.57 ~-, P!-i ~~.~!~ c~r ..C~ ~-~ a ZQ S .... TOTAL $63,243.56 --< -a elan Hallinan & Sch Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff Note: Please attach description of property. PHS # 220097 O d8.5p P~ flml 33. ~1o C~BP 1031, 9!0 ?S. So " 1'l• oo ~• o~~• oo ~, 809.8(0 - PQ ~l-rtY ~a.a5 ~ ~ ~ ~aaa.~'1 ~ asoc~tt~ ~ ~~-~. -.~ -~ c ~ ~ d ~ a ~' a~ Z' W O Q.1 z ~H ~ H w o ~ OV ~ ,-, Z~ ~ ~ ~ w ~ ~ ~ i-~ ~a U xQ ~W H ~ ~~ W 3 ~ -a a~ ~ ~ o0 w ~~M N C uW~.~~~ a U Z a 3 ~~ ~ W d x~'U V W ~ 0 q s ~~ ~. w 199x ao W ~ W o ~; U a, N Q~ 00 O M O z w~ r~ ~ ~ "' o ~Q IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KEITH EDWARD HOCKENSMITH CASE NO.1:10-bk-03620 MDF A/K/A KEITH HOCKENSMITH ' Debtor CHAPTER 13 WELLS FARGO BANK, N.A. Movant v. KEITH EDWARD HOCKENSMITH A/K/A KEITH HOCKENSMITH Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon consideration of Motion of WELLS FARGO BANK, N.A. (Movant), and after Notice Default and the filing of a Certification of Default, it is: ORDERED that relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §: is granted with respect to 156 WEST NORTH STREET, CARLISLE, PA 17013-2318 (as more fully forth in the legal description attached to the Mortgage of record granted against the Premises), as to al: Movant to proceed with its rights under the terms of said Mortgage; and it is further; ORDERED AND DECREED THAT: Rule 4001(ax3) is not applicable and WELLS FAF BANK, N.A. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, Chief Baduvpky Judge {ARPi Dated: November 22, 201 I Case 1:10-bk-03620-MDF Doc 59 Filed 11/22/11 Entered 11/22/11 11:00:57 Main Document Page 1 of 1 Notice Recipients District/Off: 0314- 1 User: PRadginsk Date Created: 11/22/2011 Case: 1:10-bk-03620-MDF Form ID: pdfD10 Total: 2 Recipients of Notice of Electronic Filing: aty Joseph P Schalk pamb@fedphe.com aty Philip Charles Brigand pbriganti@pa.net TOTAL:2 Case 1:10-bk-03620-MDF Doc 59-1 Filed 11/22/11 Entered 11/22/11 11:00:57 PDF -All Chatty: Notice Recipients Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Keith Edward Hockensmith Chapter: 13 * Debtor(s) Case Number: 1:10-bk-03620 ORDER IT IS ORDERED that the Case is hereby dismissed for Keith Edward Hockensmith's failure to comply with Stipulation dated 9/19/11. By the Court, Ct~ Bankruptcy Judge (JK) Dated: July 12, 2012 MDPA-Order Dismissing for Failure to Comply with Order or SIip.W PT -REV 05/2012 Case 1:10-bk-03620-MDF Doc 72 Filed 07/12/12 Entered 07/12/12 12:35:13 Desc Main Document Page 1 of 1 Notice Recipients District/Off: 0314-1 User: PRadginsk Date Created: 7/]2/2012 Case: 1:10-bk-03620-MDF Form ID: pdfD10 Total: 48 Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: cr Wells Fargo Bank NA TOTAL: Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf@usdoj.gov tr Charles J. DeHart, III (Trustee) dehartstaff@pamdl3trustee.com aty Allison Frances Wells pamb@fedphe.com aty Joseph P Schalk pamb@fedphe.com aty Phitip Charles Briganti pbriganti@pa.net TOTAL: Recipients submitted to the BNC (Bankruptcy Noticing Center): db Keith Edward Hockensmith 156 W. North Street Carlisle, PA 17013 cr Recovery Management Systems Corporation 25 SE 2nd Avenue, Suite 1120 Miami, FL 33131-1605 cr WELLS FARGO HOME MORTGAGE, LLC 3476 Stateview Blvd. Fort Mill, SC 29715 3560930 AFNI P.O. BOX 3097 BLOOMINGTON, IL 61702 3560931 ALLIED INTERSTATE 3000 CORPORATE EXCHANGE DR. 5TH FLOOR COLUMBUS, OH 43231 3560932 BOROUGH OF CARLISLE TAX OFFICE P.O. BOX 100 CARLISLE, PA 17013 3560933 CACH, LLC 4340 S. MONACO SREET 2ND FLOOR DENVER, CO 80237 3560934 CARLISLE REGIONAL MED. CENTER P.O. BOX 4100 CARLISLE, PA 170] 5 3560935 CAROLINA FOREST FAMILY MED. 4022 POSTAL WAY MYRTLE BEACH, SC 29579 3560936 CCS P.O. BOX 587 NEEDHAM HEIGHTS, MA 02494 3560937 CHILD SUPPORT ENF AG/NC 100 E SIX FORKS RD. RALEIGH, NC 27609 3560938 CITIFINANCIAL 300 SAINT PAUL PLACE BALTIMORE, MD 21202 3560939 CITIFINANCIAL ATTENTION: BANKRUPTCY DEPT. P.O. BOX 140069 IRVING, TX 75014 3560940 COMCAST CABLE 1555 SUZY ST. LEBANON, PA 17046 3560941 CONTRACT CALLERS 1058 CLAUSSEN RD. STE 110 AUGUSTA, GA 30907 3560942 CLIMB. COUNTY CONTROLLER ONE COURTHOUSE SQUARE CARLISLE, PA 17013 3665334 Capital Recovery III LLC c/o Recovery Management Systems Corporat 25 SE 2nd Avenue Suite 1120 Miami, FL 33131-1605 3680342 CitiFinancial, Inc P. O. Box 70919 Charlotte, NC 28272-0919 3560943 EASTERN ACCOUNT SYSTEM 75 GLEN RD. SUITE 1 l0 SANDY HOOK, CT 06482 3560944 EMBARQ/SPRINT BANKRUPTCY SERVICES P.O. BOX 7971 SHAWNEE MISSION, KS 66207-0971 3560945 HARRISON ROSS BYCK, ESQ. 229 PLAZA BLVD. SUITE l l2 MORRISVILLE, PA 19067 3560946 INTERNAL REVENUE SERVICE P.O. BOX 21126 PHILADELPHIA, PA 19114 3560947 JON BARRY &ASSOCIATES, INC. 216 LEPHILLIP CT. CONCORD, NC 28025 3560948 KAY JEWELERS P.O. BOX 1799 AKRON, OH 44309 3560949 LOWE'S/GE MONEY BANK BANKRUPTCY DEPT. P.O. BOX 103104 ROSWELL, GA 30076 3560950 LPS FIELD SERVICES 30825 AURORA RD, STE 140 SOLON, OH 44139 3560951 LVNV FUNDING, LLC P.O. BOX 10497 GREENVILLE, SC 29603 3674978 LVNV Funding LLC Resurgent Capital Services PO Box 10587 Greenville, SC 29603-0587 3560952 MACON CTY. SUPPORT ENFORCEMENT P.O. BOX 1047 BRYSON CITY, NC 28713 3560953 MARSHA R. HOCKENSMITH 3762 Citation Way Apt. 1036 MYRTLE BEACH, SC 29572 3560954 NATIONWIDE CREDIT, INC. 2015 VAUGHN RD. NW SUITE 400 KENNESAW, GA 30144 3560955 NCO FINANCIAL SYSTEMS 140 SPRINT DR. BLOUNTVILLE, TN 376]7 3581687 NORTH STAR CAPITAL ACQUISITIONS LLC c o Jefferson Capital Systems LLC PO BOX 7999 SAINT CLOUD MN 56302-9617 3560956 PENN CREDIT CORP. P.O. BOX 988 HARRISBURG, PA 17108-0988 3560957 PHELAN HALLINAN &SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 3560958 QUEST DIAGNOSTICS P.O. BOX 491 I SOUTHEASTERN, PA 19398 3665335 Recovery Management Systems Corporation 25 S.E. 2nd Avenue, Suite 1120 Miami, FL 33131-1605 3573229 Sterling Inc. dba Kay Jewelers c/o Weltman, Weinberg &Reis, Co., LPA 965 Keynote Circle Brooklyn Hts., OH 44131 3560959 TATE &KIRLIN ASSOC. 2810 SOUTHAMPTON RD. PHILADELPHIA, PA 19154 3572164 WELLS FARGO BANK, N.A BANKRUPTCY DEPT ONE HOME CAMPUS MAC X2302-04c DES MOINES, IA 50328 3560960 WELLS FARGO HOME MORTGAGE P.O. BOX 10335 DES MOINES, lA 50306 3560961 ZENITH ACQUISITION CORP. 170 Northpointe Corp. Suite 300 BUFFALO, NY 14228 Case 1:10-bk-03620-MDF Doc 72-1 Filed 07/12/12 Entered 07/12/12 12:35:13 PDF -All Chatty: Notice Recipients Page 1 of 2 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff v. KEITH HOCKENSMITH Defendant(s) Attorneys for COURT OF COMly CIVIL DIVISION N0.:09-7428 CUMBERLAND C( CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 39' This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn I authorities. B: P6ela aliinan Schtn~ , P tssa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff t'~ ea C ~' -a- ~~; ss C C.9 ~~ GJ <Q a ~~ ~ :~ ~ .. --~ w --c --~ ON PLEAS AUNTY captioned to r WELLS FARGO BANK, N.A. COURT OF COMMO~,N PLEAS Plaintiff CIVIL DIVISION v. { ~~ N0.:09-7428 KEITH HOCKENSMITH Defendant(s) CUMBERLAND COU TY PHS # 220097 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date a Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 156 WEST NORTH S REET, CARLISLE, PA 17013-2318. Name and address of Owner(s) or reputed Owner(s): Name KEITH HOCKENSMITH 2. 3 4 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably c ~ ~ ascertained, please so indicate) ~. '~ J _ : ~ r ,. 156 WEST NORTH STREET Wit"" ti3 ' ~3 CARLISLE, PA 17013-2318 ~ ~ "" <~ Apr Address (if address cannot be reasonably ascertained, please so indicate) ,,,.~ ~ -,C "v Name and last known address of every judgment creditor whose judgment is a record lien on the real property to a sold: Name Address (if address cannot be reasonably ascertained, please indicate) CACH, LLC CACH, LLC CIO ALLAN CHRISTOPHER SMITH, ESQUIRE 4340 SOUTH MONACO STREET, 2ND FLOOR DENVER, CO 8023? 1276 VETERANS HWY STE E-1 BRISTOL, PA 19007 CACH, LLC C/O HARRISON ROSS BYCK, 533 CARSON TER ESQUIRE HUNTINGDON VALLEY, PA 19006-4721 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. CITIFINANCIAL, INC. 1 VALLEY STREET SUITE 103 CARLISLE, PA 17013 PO BOX 17170 BALTIMORE, MD 21203 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. 7. _ ~ Name and address of every other person who has any record interest in the property and whose interest may be a~fected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the be affected by the sale: Name Address (if address cannot be TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE reasonably ascertained, please indicate} 156 WEST NORTH STREET CARLISLE, PA 17013-2318 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~ ~ 1 ~ By: -- Phelan Hallinan & Schmieg, Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff which may ~ penalties WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. N0.:09-7428 KEITH HOCKENSMITH c~ c Defendant(s) CUMBEPL1)(~O~ Y ~ sue: ' 07 NOTICE OF SHERIFF'S SALE OF REAL PROPERT ~ ~ ~''` ,--t "~~" a ~ , TO: KEITH HOCKENSMITH ~,~ ~_ 156 WEST NORTH STREET ~-~ :" CARLISLE, PA 17013-2318 ,"~. ,,w,~ . ~ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION BTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 156 WEST NORTH STREET, CARLISLE, PA 17013-2318 is sch doled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, Sout Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $53,715.99 obtained by WELLS ARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be ade at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 xl~ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca 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 have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 price bid by calling 215-563-7000. will the 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate 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 ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prop rty 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 th~ 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 proposed schedul of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) ays after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection n his office. This schedule will state who will be receiving that money. The money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t e Sheriff within ten (10) days after the filing of the proposed schedule. 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 HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELO TO BIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-7428 WELLS FARGO BANK, N.A. vs. KEITH HOCKENSMITH owner(s) of property situate in the FOURTH WARD OF THE BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 156 WEST NORTH STREET. CARLISLE. PA 17013-2318 Parcel No. 05-20-1798-330 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $53,715.99 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 - LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ON the North by West North Street, on the East by the property now or formerly of W. Jackson; on the S by property now or formerly of Branson; and on the West by property now or formerly of Martha H. Kee having a frontage on West North Street of 15 feet, more or less, and extending in depth. 120 feet, more or and being improved with the eastern half of a double frame dwelling known and numbered as 156 West North Street. TITLE TO SAID PREMISES VESTED IN Keith Hockensmith, a single person, by Deed from Carlisle Housing Opportunities Corporation, a Pennsylvania not-for-profit corporation, dated 12/2 recorded 12/29/2003 in Book 261, Page 38. PREMISES BEING: 156 WEST NORTH STREET, CARLISLE, PA 17013-2318 PARCEL NO.OS-20-1798-330 a~ ~ w~ xN ~ ~~~ z~° . ~~a ,. 3 ~~ a~ ~~~ W~ ` ~'U ~ ~ ~ ~ a a Z W N ~ O a ~ _ °" H z ~ ~ o o ~z F ~ V ~ o~ ~a xQ ~~ x ti w ~ x ~~ a ~ ~ w b ~, w ~ a •„ I PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Melissa J. Cantwell, Es Id. No.308912 1617 JFK Boulevard. Suite 1400 ~ t ~ .1 e ~/ i,, ~e One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. KEITH HOCKENSMITH Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION No.: 09-7428 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is atta ed her o Exhibit "A' . e issa J. Cantwe , Esq NQ~' ~ 5 202 Attorney for Plaintiff Date: 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. PHS # 220097 i ~ ~ ~ ~ Y7 OQ .i O~ U1 is w N .+ ~- tb w ~' ~- : * ~ * ~ ~ cx ~$ ~~ ~~~ac ~j ~?~^ pn .+ ac:~br~ AD a A Q ~~~a w to C Q ar~un y,Q... ~ r~--n ~ m ~~n f'a-, W Y a~~-n N E .,f Y c~~ w ~ .i. Y nr~ ~ Y p~ ts7 z m ~ ~ ~ F ,.. ~' O '" V !*,..:.O '"' ro A Nly ~ r* ~ d J Ar}r ~ ~ a G w'q ~_~ a ~' ~ ~ ~ ~ w s' -. ~ C~7 ~ '~rA O p~` ~~..,at to vn V"j.Q ~ L ~+ ~ r , m ~ u~z ~ ~ - ~ ~ ~ t=7 ~ ~ ~3~ ~ ~ (J~ N ~ c ~ ~ W ~~ w 3 x ~ ~ A a !~y ~ ~ ~ ~ ~ ~ '~c7 ~ ~ ~ ~ ~ ~' ~ ~ ~ °o 0 ~ ~ ~' ~ ~ °~ ~~ ~. ~ ~ ' ~. o. ~ S ~ ~ ~ x ~ ~~~~~ ~:Y ~ ~~ Y ~ ~~ ~ h, ro -n `~ 5k G' w O ~..~ a.+ u~ n~'~ `C t g O ~ C ~ w+ {~ $ 4 is '.. ,~•O ~~ ~... ~'~ ~ n ~ r~. ~~~ ~ ~ p . ~ H u~. ~ .' 15. "~ ~ 8 ~, c ~1.. ~ R ~ yy~~ F yygg ~ ~~ . g'n 3 ` A G O Ct. , G- ~ ,~ <'3 ` O 0. 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