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HomeMy WebLinkAbout10-2677Phelan 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 236436 US BANK N.A., AS TRUSTEE FOR RASC 2006- EMX8 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. DAVID S. HOOVER A/K/A DAVID HOOVER 310 4TH STREET ENOLA, PA 17025-3138 Defendant FILED--0' -CE T?v Inc T?;-;? ? , . 2010 APR 22 Ali 10: 44 L?Litd•?:' . ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. G 72 CUMBERLAND COUNTY s?:L-00 i-J7 ttll? 9 fishy -09 File #: 236436 I `-o oo0 W 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 236436 1. Plaintiff is US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID S. HOOVER A/K/A DAVID HOOVER 310 4TH STREET ENOLA, PA 17025-3138 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 04/25/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MERS AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1950, Page 346. By Assignment of Mortgage recorded 12/01/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200838341. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 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. File k: 236436 6. The following amounts are due on the mortgage: Principal Balance $88,626.16 Interest $3,087.78 11/01/2009 through 04/20/2010 Attorney's Fees $650.00 Cumulative Late Charges $0.00 04/25/2006 to 04/20/2010 Property Inspections/Property Preservations $15.00 Costs of Suit and Title Search $5.50-00 Subtotal $92,928.94 Escrow Credit 277.491 TOTAL $92,651.46 7 8 Plaintiff is = seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. File #: 236436 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $92,651.46, together with interest from 04/20/2010 at the rate of $19.42 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ?Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 236436 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL that certain lot of ground in the Estate of James McCormick addition to the Borough of West Fairview, Pennsylvania, Book'G', Volume 6, Page 600, being in the Recorder's Office of Cumberland County, Pennsylvania. BEING Lot numbered twenty-five (25) in said Plan. BEGINNING on the western side line of Railroad Street, at the corner of Lot number twenty-four (24); thence in a southerly direction along the western line of Railroad Street thirty (30) feet to the corner of Lot No. twenty-six (26); thence at right angles to Railroad Street and along the line of Lot No. twenty-six (26) in a westerly direction, one hundred forty (140) feet to twenty (20) feet wide alley; thence along the eastern side line of said alley thirty (30) feet to the corner of Lot No. twenty-four (24); thence along the line of Lot No. twenty-four (24) in an easterly direction one hundred forty (140) feet to Railroad Street, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house. BEING the same premises which Ruth N. Winteler, By Her Attorney-In-Fact, William C. Winteler, and William C. Winteler, single individual, by deed dated July 22, 1996 and recorded July 23, 1996 in Deed Book 143 at Page 30 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Holly Jean Vogelsong, a single individual, the Grantor herein. PREMISES BEING: 310 4TH STREET PARCEL#: 45-17-1044-158 File #: 236436 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. Cie. ?`?43'?? Attorney for Plaintiff DATE: _a?.`1D File #: 236436 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~. . Ronny R Anderson Sheriff ~~~,t~,, ~t ~tuut;~,~,~~~~~ Jody S Smith Chief Deputy ?~I@ MAY I ~ ~ ep 4S Edward L Schorpp Solicitor - ~ ~ ~'~ ` ~ ~~ ~'~~ ~ ~" US Bank National Association Case Number vs. David S. Hoover 2010-2677 SHERIFF'S RETURN OF SERVICE 05/10/2010 08:10 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 10, 2010 at 2007 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David S. Hoover, by making known unto Cristeta Hoover, Wife of defendant at 310 Fourth Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. ~t MICHELLE GUTSH ,DEPUTY SHERIFF COST: $41.50 May 11, 2010 SO ANSWERS, ~~'°" RON R ANDERSON, SHERIFF (r1 Countyguite Shc:cr:ff. Teleoscft, h?c. L -OFFICE €'- OT it ji O. TApAy L a la _ 26 AM !C: f 7 :0 J"'IBERLAND COUNTY PENNSYLVANIA Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff US BANK N.A., AS TRUSTEE FOR CUMBERLAND COUNTY RASC 2006-EMX8 : COURT OF COMMON PLEAS VS. CIVIL DIVISION DAVID S. HOOVER . A/K/A DAVID HOOVER No. 10-2677 CIVIL Ol'? e?W.OU ec1 Q ce?a? ?? R" 236436 Nob C'0 Mai teal PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVID S. HOOVER A/K/A DAVID HOOVER, Defendant(s) for failure to file an Answer to Plaintiff's 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 $92,651.46 Interest - 04/21/2010 to 07/21/2011 $8,874.94 TOTAL $101,526.40 I hereby certify that (1) the Defendant's last known address is 310 4TH STREET, ENOLA, PA 17025-3138, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. ? Date Lawrence T. Phelan, Esq ; Id. No. 32227 ? Francis S. Hallman, 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? m E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. lr; . DATE: --I1L- I lamb PHS # 236436 PROTHONOTARY 236436 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa .I. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 VS. DAVID S. HOOVER A/K/A DAVID HOOVER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION No. 10-2677 CIVIL 236436 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID S. HOOVER A/K/A DAVID HOOVER is over 18 years of age and the Defendant's last known address is 310 4TH STREET, ENOLA, PA 17025- 3138. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ! i ALawrence. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schm]eg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jan], 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 illiam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 236436 (Rule of Civil Procedure No. 236) - Revised US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 . CUMBERLAND COUNTY VS. DAVID S. HOOVER A/K/A DAVID HOOVER . COURT OF COMMON PLEAS . CIVIL DIVISION . No. 10-2677 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: iabftIf you have any questions concerning this matter please contact: ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? Wiliam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIOUSL Y 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" * 236436 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DAVID S. HOOVER BK. No. 1:10-04103 MDF A/K/A DAVID HOOVER CRISTETA L. HOOVER Chapter No. 13 Debtors US BANK N.A., AS TRUSTEE FOR RASC 2006- EMX8 Movant 11 U.S.C.§362 V. DAVID S. HOOVER A/K/A DAVID HOOVER CRISTETA L. HOOVER Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon consideration of Motion of US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 310 4TH STREET, ENOLA, PA 17025-3138, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, Chi Bar"Icy Judge PK) Dated: June 15, 2011 Case 1:10-bk-04103-MDF Doc 37 Filed 06/15/11 Entered 06/15/11 15:14:51 Desc Main Document Page 1 of 1 US BANK N.A., AS TRUSTEE FOR RASC 2006- EMX8 v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2677 CIVIL DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) TO: DAVID S. HOOVER A/K/A DAVID HOOVER 310 4TH STREET ENOLA, PA 1 7025-3 1 3 8 DATE OF NOTICE: July 6, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS. SENT TO .YOU IN. AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHINTEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS N 236436 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, o?Z 32227 Francis S. Hallinan, Esq., Id. No. 62695 DAniel G. Schmieg, Esq., Id. No. 62205 ichele 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 236436 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2677 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK N. A., AS TRUSTEE FOR RASC 2006- EMX8, Plaintiff (s) From DAVID S. HOOVER A/K/A DAVID HOOVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $101,526.40 L.L.: $.50 Interest FROM 7/22/2011 TO DATE OF SALE ($16.69 PER DIEM) - $3,838.70 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $174.00 Plaintiff Paid: Date: DECEMBER 1, 2011 Other Costs: 6id D. Buell, Pr honotary (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN 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. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) NO.: 10-2677 CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/22/2011 to Date of Sale ($16.69 per diem) TOTAL Note: Please attach description of property. PHS # 236436 7L 1A1.Gu - Sv L 4a.w & $. so tl. $101,526.40 $3,838.70 Allison F. Wells, Ess Attorney for Plaintiff Cel/3qat? f 70 C c f j?? f (?J 2 ?? s-? i .l w W G+ x d o Ga ?, a d W ,y o0 fl- ? Gl o r Ga ? Q .-3 0, O .d W ,? Q M d ? CG N A ? a ? ? 7d W °Y' a ° pa W A O u E woo ?'?, ?w A W ? d Q W? ?U ? PHELAN HALLINAN & SCHMIEG LLP ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 US BANK N.A., AS TRUSTEE FOR RASC 2006- EMX8 V. DAVID S. HOOVER A/K/A DAVID HOOVER NO. 10-2677 CIVIL SUGGESTION OF RECORD CHANGE RE: ADDRESS CHANGE TO THE PROTHONOTARY: The undersigned attorney for the plaintiff hereby certifies that to the best of his or her knowledge, information and belief, the defendant(s)' property address was erroneously listed as: 3104 TI STREET, ENOLA, PA 17025 The correct address for the defendant(s) is: 13104 TH STREET A/K/A 310 4TH STREET, ENOLA, PA 17025 Kindly change the information on the docket to reflect this By: PHS # 236436 CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION T. PhelAn-1t1'"I -No. 32227 Francis S. Hal an, Esq., Id. No. 2695 Sc ieg, Esq., Id. No 2205 Michele M. Bradford, Esq., o. 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Josh 'yZI. Goldman, Esq., Id. No. 205047 C rtenay R. Dunn, Esq., Id No. 206779 Ilison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 rn - ?a c ) r r "C Ss C D -n c.? .} Cff ' - . PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff V. DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2677 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 authorities. falsification to chmieg, LLP , Id. No.309519 Attorney for M 2:7D rn Cil _ U) f- -.yam ? C i =CD -fia _, co ."'Tl . a} US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff v. DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) CIVIL DIVISION COURT OF COMMON PLEAS NO.: 10-2677 CIVIL CUMBERLAND COUNTY PHS # 236436 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8, 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 1310 4TH STREET, A/K/A 310 4TH STREE, ENOLA, PA 17025-3138. Name and address of Owner(s) or reputed Owner(s): Name DAVID S. HOOVER A/K/A DAVID HOOVER 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) r;.') 315 WEST SHADY LANE APT D rn n , ENOLA, PA 17025 C-) r^n -V :;0 1310 4TH STREET A/K/A 310 4TH STR? ENOLA, PA 17025-3138 z o - • - . rm? Address (if address cannot be reasonably < ascertained, please so indicate) SAME AS ABOVE 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) CACV OF COLORADO, LLC C/O JAMES S. WARMBRODT, ESQUIRE 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. MERS AS A NOMINEE FOR BANK OF AMERICA, N.A. MERS, INC. P.O. BOX 2026 FLINT, MI 48501 1800 TAPO CANYON ROAD, MAIL ID #CA6- 914-01-43 SIMI VALLEY, CA 93063 FORMERLY - 3300 SW 34TH AVE., OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES ST., SUITE C DANVILLE, IL 61834 MORTGAGE LENDERS NETWORK USA, INC. 213 COURT STREET MIDDLETOWN, CT 06457 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) EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ENOLA, PA 17025 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 1310 4'H STREET A/K/A 310 4TH STREET ENOLA, PA 17025-3138 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 c o t e penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Flohm-Hafti ai & Schmieg, LL-P-? Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 VS. DAVID S. HOOVER A/K/A DAVID HOOVER : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 10-2677 CIVIL Defendant(s) : CUMBERLAND COUNTY c? NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID S. HOOVER A/K/A DAVID HOOVER 315 WEST SHADY LANE, APT D ENOLA, PA 17025 DAVID S. HOOVER <> A/K/A DAVID HOOVERr<- 1310 4TH STREET A/K/A 310 4TH STREET. ENOLA, PA 17025-3138 = 0 c-? i rri? -+CD co -n t.. "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 1310 4TH STREET, A/K/A 310 4TH STREET, ENOLA, PA 17025-3138 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $101,526.40 obtained by US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 (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 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 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 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 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. 10-2677 CIVIL US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 VS. DAVID S. HOOVER A/K/A DAVID HOOVER owner(s) of property situate in the Borough of West Fairview, Cumberland County, Pennsylvania, being (Municipality) 13104 T" STREET A/K/A 310 4TH STREET, ENOLA, PA 17025-3138 Parcel No. 45-17-1044-158, Control No. 45000386 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $101,526.40 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the East Pennsboro Township (F/K/A the Borough of West Fairview) in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL that certain lot of ground in the Estate of James McCormick addition to the Borough of East Pennsboro Township, Pennsylvania, as per plan of record at Carlisle, Pennsylvania, Book'G', Volume 6, Page 600, being in the Recorders Office of Cumberland County, Pennsylvania, BEING Lot numbered twenty-five (25) in said Plan. BEGINNING on the western side line of Railroad Street, at the corner of Lot number twenty-four (24); thence in a southerly direction along the western line of Railroad Street thirty (30) feet to the corner of Lot No. twenty-six (26); thence at right angles to Railroad Street and along the line of Lot No. twenty-six (26) in a westerly direction, one hundred forty (140) feet to a twenty (20) feet wide alley; thence along the eastern side line of said alley thirty (30) feet to the corner of Lot No. twenty- four (24); thence along the line of Lot No. twenty-four (24) in an easterly direction one hundred forty (140) feet to Railroad Street, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN David Hoover, a married man, by Deed from Holly Jean Vogelsong, a single woman, dated 04/25/2006, recorded 05/09/2006 in Book 274, Page 2289. PREMISES BEING: 1310 4' STREET, A/K/A 310 4TH STREET, ENOLA, PA 17025-3138 PARCEL NO. 45-17-1044-158 CONTROL NO. 45000386 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2677 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK N. A., AS TRUSTEE FOR RASC 2006- EMX8, Plaintiff (s) From DAVID S. HOOVER A/K/A DAVID HOOVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $101,526.40 L.L.: $.50 Interest FROM 7/22/2011 TO DATE OF SALE ($16.69 PER DIEM) - $3,838.70 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $174.00 Plaintiff Paid: Date: DECEMBER 1, 2011 Other Costs: 65id D. Buell, Pr honotary (Seal) REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff v DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2677 CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/22/2011 to Date of Sale ($16.69 per diem) TOTAL Note: Please attach description of property. PHS # 236436 ?y.ov 1IL &cq s'v - 1a.ov eo $ - So 4L, $101,526.40 $3,838.70 Cell3 yo? l . _- - am )??? 3>? ? . w ? Attorney for Plaintiff 7 a ? O 9 W ? Q, M +f1 N w ? p W c-- Q a> ? c?fa d ? ?-' p Qo 00 G M 00 W O ? ? 7 O "? 'rte A a" W A W 5, ?W W Oa d O, el) a U E W y ? rn ?o ay a ?Y w .? o v Q d w PHELAN HALLINAN & SCHMIEG LLP ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 US BANK N.A., AS TRUSTEE FOR RASC 2006- EMX8 V. DAVID S. HOOVER A/K/A DAVID HOOVER PHS # 236436 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 10-2677 CIVIL SUGGESTION OF RECORD CHANGE RE: ADDRESS CHANGE TO THE PROTHONOTARY: The undersigned attorney for the plaintiff hereby certifies that to the best of his or her knowledge, information and belief, the defendant(s)' property address was erroneously listed as: 3104 TH STREET, ENOLA, PA 17025 The correct address for the defendant(s) is: 13104 TH STREET A/K/A 310 4TH STREET, ENOLA, PA 17025 Kindly change the information on the docket to reflect this By: T. Phe1a. 32227 Francis S. Hal an, Esq., Id. No. 2695 ' Sc ieg, Esq., Id. No 2205 Michele M. Bradford, Esq., I&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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Josh I. Goldman, Esq., Id. No. 205047 C rtenay R. Dunn, Esq., Id No. 206779 llison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 -? Mao -' ? 7- --r; ri x -- 0 W ter-- ) c , M J n - s• ® n _ c.3 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff V. DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2677 CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 rel o falsification to authorities. Phela all' n chmieg, LLB Affis ells, q., Id. No.309519 Attorney for Plain ? Ely y ( :X3 ? f"? R7 ?i 1 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff V. DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2677 CIVIL CUMBERLAND COUNTY PHS # 236436 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8, 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 1310 4TH STREET, A/K/A 310 4TH STREE, ENOLA, PA 17025-3138. Name and address of Owner(s) or reputed Owner(s): Name DAVID S. HOOVER A/K/A DAVID HOOVER Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) L`3 315 WEST SHADY LANE APT D PA 17025 NOLA r"W s C? t ss ' * , E r i 1310 4TH STREET A/K/A 310 4TH ST 2 ENOLA, PA 17025-3138 xr -r? o f- Address (if address cannot be reasonably f ascertained, please so indicate) SAME AS ABOVE 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) CACV OF COLORADO, LLC C/O JAMES S. WARMBRODT, ESQUIRE 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. MERS AS A NOMINEE FOR BANK OF AMERICA, N.A. MERS, INC. MORTGAGE LENDERS NETWORK USA, INC. P.O. BOX 2026 FLINT, MI 48501 1800 TAPO CANYON ROAD, MAIL ID #CA6- 914-01-43 SIMI VALLEY, CA 93063 FORMERLY - 3300 SW 34TH AVE., OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES ST., SUITE C DANVILLE, IL 61834 213 COURT STREET MIDDLETOWN, CT 06457 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) EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ENOLA, PA 17025 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1310 4TH STREET A/K/A 310 4TH STREET ENOLA, PA 17025-3138 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 c o te penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: I Z-h h P-4ehm-ftj1n!Fa;--n"& Schmieg, LL-11,?,, Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-2677 CIVIL DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) CUMBERLAND COUNTY c NOTICE OF SHERIFF'S SALE OF REAL PROPERTY MJ TO: DAVID S. HOOVER A/K/A DAVID HOOVER 315 WEST SHADY LANE, APT D ENOLA, PA 17025 DAVID S. HOOVER A/K/A DAVID HOOVERC? 1310 4TH STREET 3a ' A/K/A 310 4TH STREET C ? ct ,. ENOLA, PA 17025-3138 cs rri C" i a ca c? C:) -ry "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 1310 4TH STREET, A/K/A 310 4TH STREET, ENOLA, PA 17025-3138 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $101,526.40 obtained by US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 (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 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 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 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 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. 10-2677 CIVIL US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 VS. DAVID S. HOOVER A/K/A DAVID HOOVER owner(s) of property situate in the Borough of West Fairview, Cumberland County, Pennsylvania, being (Municipality) 13104 TH STREET A/K/A 310 4TH STREET, ENOLA, PA 17025-3138 Parcel No. 45-17-1044-158, Control No. 45000386 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $101,526.40 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the East Pennsboro Township (F/K/A the Borough of West Fairview) in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL that certain lot of ground in the Estate of James McCormick addition to the Borough of East Pennsboro Township, Pennsylvania, as per plan of record at Carlisle, Pennsylvania, Book'G', Volume 6, Page 600, being in the Recorders Office of Cumberland County, Pennsylvania, BEING Lot numbered twenty-five (25) in said Plan. BEGINNING on the western side line of Railroad Street, at the corner of Lot number twenty-four (24); thence in a southerly direction along the western line of Railroad Street thirty (30) feet to the corner of Lot No. twenty-six (26); thence at right angles to Railroad Street and along the line of Lot No. twenty-six (26) in a westerly direction, one hundred forty (140) feet to a twenty (20) feet wide alley; thence along the eastern side line of said alley thirty (30) feet to the corner of Lot No. twenty- four (24); thence along the line of Lot No. twenty-four (24) in an easterly direction one hundred forty (140) feet to Railroad Street, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN David Hoover, a married man, by Deed from Holly Jean Vogelsong, a single woman, dated 04/25/2006, recorded 05/09/2006 in Book 274, Page 2289. PREMISES BEING: 1310 4TH STREET, A/K/A 310 4TH STREET, ENOLA, PA 17025-3138 PARCEL NO. 45-17-1044-158 CONTROL NO. 45000386 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY ;-,. ,•.t US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 ' ` r t 1 f PHS#236436 i:l 0 NO TA ?'f DEFENDANT DAVID S. HOOVER A/K/A DAVID HOOVER SERVE DAVID S. HOOVER A/K/A DAVID HOOVER AT: 315 WEST SHADY LANE APT D ENOLA, PA 17025 COURT NOE IO- I liviL v 10: 0 0 TYPE OF ACTIUWMBERLAND COUNTY XX Notice of SherifrPZN N S Y LVA N I A SALE DATE: March 7, 2012 SERVED Served and made known to DAVID S. HOOVER A/K/A DAVID HOOVER, Defendant on the ?ISr day of 74* 20 Q, at EN Fl. o'clock ?. M., at 31 S w Ste`( PNi D, Ot.OA, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant'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 office or usual place of business. - _ an officer of said Defendant's company. Other: s Description: Age Height 5 tO _ Weight 190 Race V? Sex Al Other I, _ f?j N4-e-P &(0 (-t-, a competent adult, hereby verify that I 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. e DATE: C I I NAME: 1 PRINTED NAME: L(N/-G-D A/171 L t- TITLE: ozn C-qS ? Ej? _ NOT SERVED On the day of _ , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93 337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq.. Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dump, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 1312 MAR 15 Am Vomy for Plaintiff C pENNSY?LVAN A T`? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK N.A., AS TRUSTEE FOR RASC 2006- EMX8 Plaintiff, V. DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-2677 CIVIL 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 of the persons or parties named, at that address, set forth on the Affidav' s amended if applicable. A copy of the Certificate of Mailing (Form 381 ertified Mail Return Receipt stamped by the U.S. Postal Service is attache eto E ibit "A". s, Esquire Attorney for Plaintiff Date: C? JVVL? 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. PHS # 236436 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) NO.: 10-2677 CIVIL CUMBERLAND COUNTY PHS # 236436 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8, 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 1310 e STREET, A/K/A 310 4TH STREE, ENOLA, PA 17025-3138. Name and address of Owner(s) or reputed Owner(s): Name 2. 3. 4. DAVID S. HOOVER A/K/A DAVID HOOVER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 315 WEST SHADY LANE APT D ENOLA, PA 17025 1310 4' STREET A/K/A 310 4TH STREET ENOLA, PA 17025-3138 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) CACV OF COLORADO, LLC 436 SEVENTH AVENUE, SUITE 1400 C/O JAMES S. WARMBRODT, ESQUIRE PITTSBURGH, PA 15219 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. MERS AS A NOMINEE FOR BANK OF AMERICA, N.A. MERS, INC. MORTGAGE LENDERS NETWORK USA, INC. P.O. BOX 2026 FLINT, MI 48501 1800 TAPO CANYON ROAD, MAIL ID #CA6- 914-01-43 SIMI VALLEY, CA 93063 FORMERLY - 3300 SW 34TH AVE., OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES ST., SUITE C DANVILLE, IL 61834 213 COURT STREET MIDDLETOWN, CT 06457 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) EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP C/o Joseph A. Curcillo III., Esquire Curcillo Law, LLC 3964 LEXINGTON ST HARRISBURG, PA 17109-2813 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1310 4P STREET A/K/A 310 4TH STREET ENOLA, PA 17025-3138 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. Date: 2421W?-- Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff ay - 3Gf N`ti 0 3 w x a -' W P 0 c. rn in ?! C4 rj)? a d0 ?1 U U U o v Z 0 a a d p? O a o o W WA Od U op?? ?A d°N dp• ,daPd+ 6kp?,E?? Ito s W * * * * * k * S .? w -i e V ys QM?Q O.?i,O 0 s ?' ?, ? d ? ?,•? ? ? o'er ?• ??: o ? s oa?a o??"?a Axa o p"'? ?anAd d3°? 46 J2 0 a N * * * * * * * * * * * 00 r N x?gg i? .w ?• r 6 .. _..c_hn... .. hRa, A x a us It a y M, 0 e o y '? ??` a oa Q r 44 CIA ,?, Q O SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?k° r• r US Bank Trust National Association vs. David S. Hoover Case Number 2010-2677 SHERIFF'S RETURN OF SERVICE 12/28/2011 04:53 PM - Deputy Gerald Worthington, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action upon the property located at 1310 4th Street A/K/A 310 4th Street, Enola, Cumberland County, PA 17025. 12/29/2011 06:14 PM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Cristeda Hoover - wife, who accepted as "Adult Person in Charge" for David S. Hoover at 315 West Shady Lane, Apt D, Enola, Cumberland County, PA 17025. 02/27/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012 03/29/2012 Affidavit of Service on David S. Hoover a/k/a David Hoover filed in the Sheriffs Office 04/04/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on April 4, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of U.S. Bank, NA, being the buyer it this execution, paid to the Sheriff the sum of $ SHERIFF COST: $819.25 June 15, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ?. ot?Pd • Q,? lid • 4,- S L% 1-L /0W , US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff - V. DAVID S. HOOVER A/K/A DAVID HOOVER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2677 CIVIL CUMBERLAND COUNTY PHS # 236436 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8, 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 1310 4TH STREET, A/K/A 310 4TH STREE, ENOLA, PA 17025-3138. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DAVID S. HOOVER A/K/A DAVID HOOVER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 315 WEST SHADY LANE APT D ENOLA, PA 17025 1310 4' STREET A/K/A 310 4TH STREET ENOLA, PA 17025-3138 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) CACV OF COLORADO, LLC C/O JAMES S. WARMBRODT, ESQUIRE 436 SEVENTH AVENUE, SUITE 1400 PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MFRS AS A NOMINEE FOR MORTGAGF, P.O. BOX 2026 LENDERS NETWORK USA, INC. FLINT, MI 48501 MERS AS A NOMINEE FOR BANK OF AMERICA, N.A. 1800 TAPO CANYON ROAD, MAIL ID #CA6- 914-01-43 SIMI VALLEY, CA 93063 MERS, INC. MORTGAGE LENDERS NETWORK USA, INC. FORMERLY - 3300 SW 34TH AVE., OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES ST., SUITE C DANVILLE, IL 61834 213 COURT STREET MIDDLETOWN, CT 06457 r Name apd address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 S ENOLA DRIVE ENOLA, PA 17025 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1310 4"i STREET A/K/A 310 4TH STREET ENOLA, PA 17025-3138 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 c o t e penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Uelmirfailtf? n & Schmieg, LL-11-, Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff CUMBERLAND LAW JOURNAL Writ No. 2010-2677 Civil Term US Bank N.A., As Trustee for RASC 2006-EMX8 vs. David S. Hoover a/k/a David Hoover Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-2677 CIVIL, US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 vs. DAVID S. HOOVER a/k/a DAVID HOOVER owner(s) of property situ- ate in the Borough of West Fairview, Cumberland County, Pennsylvania, being 1310 4TH STREET a/k/a 310 4TH STREET, ENOLA, PA 17025- 3138. Parcel No. 45-17-1044-158, Con- trol No. 45000386. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $101,- 526.40. 48 r' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 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. sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 10 da of Februar 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which US Bank, N.A. as Trustee for RASC 2006-EMX8 is the grantee the same having been sold to said grantee on the 4 day of April A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of December, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2677, at the suit of US Bank, N.A. as Trustee for RASC 2006- EMX8 against David S. Hoover a/k/a David Hoover is duly recorded as Instrument Number 201217937. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?Ur day of A.D. p / Zlez 21i ecorder of Deeds drwbe toFint?dQou?dAi,Nl tiN 6?pYwYaulydJn?ot4 The Patriot-News Co.. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIF,'=S OFFICE CUMBERLAND COUNTY C- i.IRT HOUSE CARLISLE P4 17013 z4ePatriot•Xews 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 Holly Blain, being duly sworn accorcing to iaw, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland. State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive. in the City, County and State aforesaid, that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1945 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/ Community Weekly 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 statemen, 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: 2010.2677 Clvll Term U Bank N.A., as Trustee for RASC 2006-EMX8 VS ?Davld S. Hoover a/k/a Devi Hoover Atty. Daniel Schmleg By virtue of a Writ of Execution NO. 10- 2677 CIVIL US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 VS. DAVID S. HOOVER A/IQA DAVID HOOVER owner(s) of property situate in the Borough of West Fairview, Cumberland County, Pennsylvania, being (Municipality) 1310 4TH STREET A/K/A 310 4TH S ET, ENOLA, PA 17025-3138 f5l 1 N. 45-17-1044-158, Control No. 4386 ( ag e or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $101,526.40 01/27/12 02/03/12 02/10/12 ..,......... Sworn to and subscribed before me this 24 day of February, 2012 A D Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Sherrie L. Owens, Notary Public i_nver Paxton Twp., Dauphin County ' My C=rnisston Expires Nov. 26, 2015 MEMBER,FENNSYLVANIA ASSOCIATION OF NOTARIES