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HomeMy WebLinkAbout10-5351Phelan Hallinan & Schmieg, LLP Lawzgnce T. Phelan, Esq., Id. No. 32227 Frahcis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 246449 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY 140 BRICK CHURCH ROAD NEWVILLE, PA 17241-9704 Defendant 3 0 I-? l0- 31 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 5NO. Id-S31 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE fa, 06 ?f?677, j File #: 246449 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 BEABLE 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 #: 246449 I.- Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY 140 BRICK CHURCH ROAD NEWVILLE, PA 17241-9704 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/29/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1976, Page 2773. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2010 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 #: 246449 6.• The following amounts are due on the mortgage: Principal Balance Interest 03/01/2010 through 07/29/2010 (Per Diem $21.85) Attorney's Fees Cumulative Late Charges 11/29/2006 to 07/29/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Escrow Deficit TOTAL 7. 8. 9 10. $92,485.14 $3,270.88 $650.00 $147.80 $115.00 $550.00 $1,949.14 $99,167.96 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. The mortgage premises are vacant and abandoned. Plaintiff hereby releases KENNETH L. HOCKENBERRY A/K/A KENNETH HOCKENBERRY from liability for the debt secured by the mortgage. By virtue of the death of KENNETH L. HOCKENBERRY A/K/A KENNETH HOCKENBERRY, Defendant became sole owner of the mortgaged premises as surviving tenant by the entireties. File #: 246449 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $99,167.96, together with interest from 07/29/2010 at the rate of $21.85 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. HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., . o. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judi V. Romano, Esq., Id. No. 58745 ? /Shtal R. Shah-Jani, Esq., Id. No. 81760 e 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 #: 246449 LEGAL DESCRIPTION ALL that certain lot of ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ON the East by property now or formerly of Caroline Peters; on the South by East North Street; on the West by property now or formerly of Mrs. Annie Baker; and on the North by a public alley, being seventeen (17) feet five (5) inches more or less in front on East North Street and extending at the same width one hundred nineteen (119) feet more or less in depth to the said public alley. HAVING thereon erected a two story semi-detached brick dwelling known and numbered as 167 East North Street UNDER AND SUBJECT, nevertheless, to a right-of-way to the owners, tenants and occupiers of the property adjoining the lot of ground herein conveyed on the West, over, along and upon the alley way extending along the West side of the front portion of the property herein conveyed. PROPERTY ADDRESS: 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 PARCEL # 02-21-0318-029 File #: 246449 VERIFICATION 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 DATE: n File #: 246449 -I , ? 4 wuNTY CUN PENNS ?LVNN1A Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32.227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schrnieg, 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 Jeninc 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 1'. Fliakos, Esq., Id. No. 94620 Joshua 1. 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff VS. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10 - 5551 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 246449 VERIFICATION China Brown Vice President Loan Documentation , hereby states that he/she is of, WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify 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 unsworn falsification to authorities. k cl-n 8/13/10 Name: China Brown DATE: Title: Vice President Loan Documentation Servicer: WELLS FARGO HOME, MORTGAGE, INC. File #: 246449 Name:HOCKENBERRY Kindly substitute the attached verification for the verification originally tiled with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attoey for Plaintiff 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 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8-31-10 PHS #: 246449 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. 587,15 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff VS. VIOLET E. HOCKENBERRY AWA VIOLET HOCKENBERRY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. : 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 #: 246449 VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY 140 BRICK CHURCH ROAD NEWVILLE, PA 17241-9704 Phelan Hallinan & Schmieg, LLP Attoj?ey for Plaintiff By. ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hall inan, 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 ? Jennie 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 Date: 8-31-10 PHS #: 246449 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff vs. t ryr~ ... ~, Esf't~,rt'1 ? ,.''a i t t.c'~.~ t ,:~i i ~ , .. ....-., r r , v+ r+ t p t „i' ,s ,t'4; ,~i4 ., p~ _~ y(~ ~ _ .. t ~.~ i"1 i P 8"'"t ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VIOLET E. HOCKENBERRY A/K/A VIOLET No. 10-5351 HOCKENBERRY Defendants ~ 10.0 p Q q fl`m/ ~`~ 10054 - 3 ~~ a~e5s~ PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINA,.N~& SCHMIEG, LLP By: ~%~" ^ awr nce .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 ^ J hua I. Goldman, Esq., Id. No. 205047 ^ ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: September 2, 2010 /pbw, Svc Dept. File# 246449 W _ ?_ is , i , 10 11- O ('E s v ?.. ?' F 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 1. 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff vs. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY Defendants "-UMHELAND COUNT"' ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 10-5351 CA 410-0o PA r4TTY 0, t 1Cb 3109 &,148'751 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHE?' N 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 Date: Member 2010 /jcs, Svc Dept. File# 246449 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ~°'~'~~r a ~~rir,;y~~,f~~~ Chief Deputy ~.< -~ , .-Y; ~~-t sF'; Richard W Stewart Solicitor ~sf F,c~ ~F TAG ~rE~z~Fr US Bank National Association vs. Case Number Violet E. Hockenberry 2010-5351 SHERIFF'S RETURN OF SERVICE 09/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Violet E. Hockenberry, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Violet E. Hockenberry. Request for service at 429 N. East Street, Carlisle, PA 17013 the defendant was not found. 09/28/2010 12:00 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 28, 2010 at 1200 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Violet E. Hockenberry, by making known unto Steve Hockenberry, Son of defendant at 140 Brick Church Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of th ame. L AM CLINE, DEPUTY 09/29/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Violet E. Hockeberry, but was unable to locate her in hi: bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Violet E. Hockenberry. Request for service at 167 E. North Street, Carlisle, PA 17013 is vacant. SHERIFF COST: $68.80 SO ANSWERS, -'81 September 29, 2010 RON R ANDERSON, HE1~F ~d `".~ t~~~ ~~' ~ '='~ ~ w D -~: (r. CountySuite Shenff. TeieosotT. htc. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 t. Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 r Chrisovalante P. Fliak.os, 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 U.S. BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR CMLTI 2007- WFHE2 COURT OF COMMON PLEAS VS. CIVIL DIVISION VIOLET E. HOCKENBERRY A/K/A No. 10-5351 VIOLET HOCKENBERRY 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 VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY, 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 Plaintiff's damages as follows: 246449 As set forth in Complaint $99,167.96 Interest - 07/30/2010 to 11/01/2010 $2,075.75 TOTAL $101,243.71 I hereby certify that (1) the Defendant's last known address is 140 BRICK CHURCH ROAD, NEWVILLE, PA 17241-9704, and mortgaged premises located at 167 EAST NORTH STREET, CARLISLE, PA 17013-2431, and (2) that notice has been given in accordance with Rule 237.1, copy attached. L Lawren . `Phelan, Es „ Id. No. 32227 Franci S. allinan, Es .; Id. No. 62695 ? Dani G. chmie sq., Id. No. 62205 ? Michele 1`?I: ra ford, Esq., Id.. No. 69849 ? Judith T: Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Dani, 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. 866)57 ? 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 L'Goldman, Esq.; Id. No. 205047 Courtenay R. Dunn, Esq., Id: No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney fore, Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS #t 246449 PROTHON, TARYY 246449 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. 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 U.S. BANK NATIONAL ASSOCIATION, : CUMBERLAND (COUNTY AS TRUSTEE FOR CMLTI 2007- . WFHE2 COURT OF COMMON PLEAS CIVIL DIVISION VS. No. 10-5351 VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY VERIFICATION 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 VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY is over 18 years of age and last known address is 140 BRICK CHURCH 246449 ROAD, NEWILLE, PA 17241-9704, and mortgaged premises located at 167 EAST NORTH STREET, CARLISLE, PA 17013-2431. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: LJ Lawr nce . Phelan, Es Y Id. No. 32227 ? Fr cis S. Hallinan, Es Id. No. 62695 E] D iel G. chmieg, ,sq., Id. No. 62205 Michele M. ord, 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 ?, Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliako's, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 2083'75 Attorney for Plaintiff 246449 (Rule of Civil Procedure No. 236) - Revised U.S. BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR CMLTI 2007-WFHE2 COURT OF COMMON PLEAS VS. CIVIL DIVISION VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY No. 10-5351 Notice is given that a Judgment in the above captioned lmatter has been entered against you on By: If 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., IId. 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 hrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 CourtenayR. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1,400 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 THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVEDA DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. *'* 2415449 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff V. VIOLET E. HOCKENBERRY, A/K/A VIOLET HOCKENBERRY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5351 CUMBERLAND COUNTY TO: VIOLET E. HOCKENBERRY, A/K/A VIOLET HOCKENBERRY 140 BRICK CHURCH ROAD NEWVILLE, PA 17241-9704 DATE OF NOTICE: October 19,2010 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. IWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE, PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED' AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 'T'HIS 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 9 246449 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249- 3166 J nce T. Phelan, Esq., Id. N . 32227 s S. Hallinan, Esq., Id: N . 62695 G. Schmieg, Esq., I& N . 62205 e M. Bradford, Esq., Id. No. 69849 T. Romano, Esq., Id. No. 58745 i 7 Sheetal R. Shah-Jani, Esq., Id. No. 81 60 Jenine R. Davey, Esq., Id. No. 8707 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 Plielan "Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 9 246449 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007- COURT OF COMMON PLEAS WFHE2 Plaintiff CIVIL DIVISION V. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/02/2010 to Date of Sale ($16.64 per diem) TOTAL PA l s 06 to s 0.Q6 s 16.6 8,0 ? t r L. Sb P a SA . 3D r°? r a-?• 6b ?Jwe Co /43 1110 ?? a?i511 ?QI ???C Lurr'?- ??Stctd . Note: Please attach description of property. PHS # 246449 NO.: 10-5351 CUMBERLAND COUNTY $101.243.71 $2,013.44 $103.257.15 ey Phela Hallinan & mieg, LLP ? ence T. Phelan, Esq., Id. No. 3 ? cis S. Hallinan, Esq., Id. No. 62 D/Daniel G. Schmieg, Esq., Id. No. 62 Michele M. Bradford, Esq., Id. No. r-ri C) a?ry?_ N CD 2227 695 205 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courbenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 s, F -V M a 0 w U 0 a O U a O N g a w w 0 4 x O z p" a 5 ei w; W WA 5 0 O? a? t w x N U? .a x o a ? wQa? Nhhp Ord O??pMp ^' M l? Q ON p QOM 00?'7'NN p ° o cZ'^Zonoa?v?,,oZ C?z r t r 5r ;ON A a Hx AH &*9 4 ?0 ? ;?Fy ? ?'? 3?? 3 a 1000MOO000000000000 LEGAL DESCRIPTION ALL that certain lot of ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ON the East by property now or formerly of Caroline Peters; on the South by East North Street; on the West by property now or formerly of Mrs. Annie Baker; and on the North by a public alley, being seventeen (17) feet five (5) inches more or less in front on East North Street and extending at the same width one hundred nineteen (119) feet more or less in depth to the said public alley. HAVING thereon erected a two story semi-detached brick dwelling known and numbered as 167 East North Street UNDER AND SUBJECT, nevertheless, to a right-of-way to the owners, tenants and occupiers of the property adjoining the lot of ground herein conveyed on the West, over, along and upon the alley way extending along the West side of the front portion of the property herein conveyed. Title to said premises is vested in Violet E. Hockenberry, widow, by Deed from Violet E. Hockenberry and Steven L. Hockenberry and William E. Hockenberry, dated 04/08/2010, recorded 04/12/2010 in Instrument Number 201009117. PREMISES BEING: 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 PARCEL NO. 02-21-0318-029 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff V. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-5351 : 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 (X) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. cr: s _ CZ) CV - 7- UJ'"' ? v U_ C:-3 c By: Atto Plaintiff Phelan Ha 'nan & Schmieg, LLP ? FFcis ence T. Phelan, Esq., Id. No. 32227 ? S. Hallman, Esq., Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff V. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY Defendant(s) CUMBERLAND COUNTY PHS # 246449 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2, 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 informa#4gn c, ncern?g the real property located at 167 EAST NORTH STREET, CARLISLE, PA 17013-2431. E 1. Name and address of Owner(s) or reputed Owner(s): Name Address Cif address cannot be reasonably : N ascertained, please so indicate) - -°' j ) rv CD C) ? VIOLET E. HOCKENBERRY 140 BRICK CHURCH ROAD - A/K/A VIOLET HOCKENBERRY NEWVILLE, PA 17241-9704 w- _ ` ° 1-) c'.) r= 2. Name and address of Defendant(s) in the judgment: I .. Name 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) Hoffman Roth Funeral Home & Crematory, Inc. 219 North Hanover Street Carlisle, PA 17013 Hoffman Roth Funeral Home & Crematory, Inc. 10 East High Street C/o: Christopher E. Rice, Esquire Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5351 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 Domestic Relations of Cumberland County 167 EAST NORTH STREET CARLISLE, PA 17013-2431 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 6`s Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. I11„ <-j. )I ? V) November 18.2010 Phelan Hallinan & Scbmieg, LLP ? Laence T. Phelan, Esq., Id. No. 32227 ? is SHallinan, Esq., Id. No. 62695 el 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 ? Allison F. Wells, Esq., Id. No. 309519 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff VS. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 10-5351 CUMBERLAND COUNTY Defendant(s) t"? ==°' µr1 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -^4F 7 TO: VIOLET E. HOCKENBERRY; , rv A/K/A VIOLET HOCKENBERRY 140 BRICK CHURCH ROAD Y ;- ° ?_? -?99t NEWVILLE, PA 17241-9704 --: LL. "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA-[O"B"D 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 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 is scheduled to be sold at the Sheriffs Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $101,243.71 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 (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. 10-5351 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 VS. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY owner(s) of property situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, being (Municipality) 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 Parcel No. 02-21-0318-029 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $101,243.71 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot of ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ON the East by property now or formerly of Caroline Peters; on the South by East North Street; on the West by property now or formerly of Mrs. Annie Baker; and on the North by a public alley, being seventeen (17) feet five (5) inches more or less in front on East North Street and extending at the same width one hundred nineteen (119) feet more or less in depth to the said public alley. HAVING thereon erected a two story semi-detached brick dwelling known and numbered as 167 East North Street UNDER AND SUBJECT, nevertheless, to a right-of-way to the owners, tenants and occupiers of the property adjoining the lot of ground herein conveyed on the West, over, along and upon the alley way extending along the West side of the front portion of the property herein conveyed. Title to said premises is vested in Violet E. Hockenberry, widow, by Deed from Violet E. Hockenberry and Steven L. Hockenberry and William E. Hockenberry, dated 04/08/2010, recorded 04/12/2010 in Instrument Number 201009117. PREMISES BEING: 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 PARCEL NO. 02-21-0318-029 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-5351 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 VS. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY owner(s) of property situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, being (Municipality) 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 Parcel No. 02-21-0318-029 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $101,243.71 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-5351 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHEE2 Plaintiff (s) From VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY (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$101,243.71 L.L.$.50 Interest From 11/02/2010 to Date of Sale ($16.64 per diem) - $2,013.44 Atty's Comm % Atty Paid $221.30 Plaintiff Paid Due Prothy $2.00 Other Costs Date: November 22, 2010 (Seal) Deputy REQUESTING PARTY: Name Michele M. Bradford, Esq. 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. 69849 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY ``-' - k , PLAIlVTIFF NATIONAL ASSOCIATION, AS TRUSTEE FOR c? --i U.S. BANK CMI.T12WI-WFHE2 P°iHS # 246449 rr t? -,r- DEFENDANT HOCKENBERRY A/B/A VIOLET HOCKENBERRY T E MUM c 10-5361 COURT NO.: C/> r- ` ,? N) --j .1. r 71 S . VIOLE HOCKENDERRY A/WA VIOUCT V& VIOUIT E N TIQ AC TY E!'E QF OF M 9 lR' ? - -- . SER gOp $NB$RRY AT: a s re S6 of Xa SALE DATE: 03/0211011 CD rr: 140 BRICK CHURCH ROAD -- s 37 NEWVILLE, PA 17241-9704 7D Defendanton the !day of D6eRMB?R . 2010 , at Served and made lmown to in the manner described below: (o: 45, o'clock -P M M.., , at at Iut Defendant personally served. N F'W t t,t.E, p 14 , 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. _ Manageroerk of place of lodging in which Defendant(s) reside(s)- um. Apat or PRA in cbw of Defendeds of m or usual place of btJSian officer of said Defendant's company. ??Othm o a . ,- ?u£N 4OC KEt a " s Height Weight of -Race w Sex __ Description: Age _ 1. .r--L'D ?(D I-L , a competent adult, being duly sworn according to law, depose and static that I pasonallY handed a hue and correct COPY of the NCO= of S ffs Sak in the manner as set forth harem, issued in the captioned case on the date and at the address indicated above. K itvIBERLY CllRTY Sworn to and su bed NOTARY PUBLIC before me this day STATE OF NT-,w iERSEY of 20 COMMISSION EN TIRES MARCH 7, 2013 N NOT SERVID On _ day , 20-, at _ o'clock M., Defendant NOT POUND becmm: Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at , at Service Refused Other. Sworn to and subscribed before me this day of_ By: Notary: r?..'` wb&mhms,m?i, iam DWdG.93rY1. Fp, ld. Nw 62313 laeldaLLsmmW4F4q'hLNw6 m JWNT. Soon%a+1, IL Na. Nm aroedLMWh1.4F+a.x Nw 8170 Jules A Dmq, Fa4, hL Nw "M Lars L TaW, 21q, bL No. "371 virdc &#mtw%Feq, bL Nw XW1 J,p L Jaen, b4. Id. Nw WA Fdw J. Nds17, ¦14, IL Nw 617!1 Aariaw L DAYNk, Ew1., IL Nw 11519 jabot NCGA=mmk 2%, iL Nw 91131 Chrbn1* le P. Fades, 01% IL Nw "m Jai,o L Gdlom, 21% 1& Nw 211117 Cowftm" L BMW lmr, IL Nw 21671! AWMC.NmWr420 +ILNw21 M A&M F. wok X Now 30M 1617Ja2Me WsdBiwa k NBI FL&~66 FA M01914 (2W58-7W 30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 Plaintiff, V. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY Defendant(s) CUMBERLAND COUNTY, COURT OF COMMON OLVA CIVIL DIVISION No.: 10-5351 T' 77 ---i 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 attached hereto Exhibit "A". ? Lawrence T. elan, Esq., Id. No. 3 27 ands S. allinan, Esq., Id. No. 695 ? Daniel G. Schmieg, Esq., Id. .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 ? Andr C. Bramblett, Esq., Id. No. 208375 Ilison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff Date: IMPORTA T 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 # 246449 9 9 £OL6630p0d1Z 9 0 SZtt ??? o?OZ 7,Z $ w? Zo Olt 44 0* `-to Big w° ° O - - ° O q a ? - d d a a° o w v ? ? ? ?3 U- U v F °° .5 lot -4 t- E e6 t? " ?`? '>, Q.6 ev w .>.. w? w q oW Z ,aa a oo o .o ;,v. o w a. °.' d Q+ x a a ,, K, a, v v? a N r., .«o r, A. as y, ?, ... o d C?l VaQs a a>.. O„? .? v ai'n 'M .ti Ooa s+ a r a dM °W deg x c ?a.? UOES•,gU q°O„r,,,? oinQ QQQ u'"'Sbe'??.??yw??..^??i.oo ? °yys,IWOp KvAt- °wN ?.a E ° a 3S?o a a? p°4?QpG `o_7oe W ow FEZ"?a9Cga 3 a ?? ° o e.oA a a o Leo d a o. w .a °" ? 04 : as v d o o .ao ... y -? ie 0 0 0 0 °? oe a s a` GC w e e arcs, v aW $?a o Q aCG. ?"'a aAe sa,3 °N f Ua "4. .c 0 ° q aU ? m ?-ra ? c Gs ZW? o ?? a~e o aai0?°or? o 6.? p, .a w? w W w WWv`?z n.-•OaF.,UAU..UUAo?x,$.°x(jpaq?ggF?.,AO.'?axiU;?U°U Ix'ev e * * z *k e. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor BLED-OFFICE rT THIC PRO. TiiuJ1` J TA,p 20 I APR I I AN 10: 3 7 CUMBERLAND COUNTY PENNSYLVANIA US Bank National Association vs. Violet E. Hockenberry Case Number 2010-5351 SHERIFF'S RETURN OF SERVICE 12/29/2010 03:06 PM - Deputy Robert Bitner, 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 167 East North Street, Carlisle, PA 17013, Cumberland County. 12/29/2010 12:03 PM - Deputy William Cline, 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 STEVE HOCKENBERRY, SON, who accepted as "Adult Person in Charge" for Violet E. Hockenberry at 140 Brick Church Road, Upper Frankford Township, Newville, PA 17241, Cumberland County. 03/02/2011 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 March 2, 2011 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 National Association, et. al., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $766.04 SO ANSWERS, ry" -, ? ?2 ? 1? April 08, 2011 RON R ANDERSON, SHERIFF 09 - C-6 se elc- 8l1UD lo; GountySuite Sheriff Tei ecsvft . Inc. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHt2 Plaintiff V. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY Defendant(s) CUMBERLAND COUNTY PHS # 246449 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2, 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 167 EAST NORTH STREET, CARLISLE, PA 17013-2431. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 140 BRICK CHURCH ROAD NEWVILLE, PA 17241-9704 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) Hoffman Roth Funeral Home & Crematory, Inc. 219 North Hanover Street Carlisle, PA 17013 Hoffman Roth Funeral Home & Crematory, Inc. 10 East High Street C/o: Christopher E. Rice, Esquire Carlisle, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5351 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 Domestic Relations of Cumberland County 167 EAST NORTH STREET CARLISLE, PA 17013-2431 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 6'h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. November 18.2010 B U Ny A in i Phelan Hallinan & Schmieg, LLP ? La rence T. Phelan, Esq., Id. No. 32227 ? F cis 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., ]d. 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 ? Allison F. Wells, Esq., Id. No. 309519 U.S. BANK NATIONAL'ASSOCIATION,'AS TRUSTEE FOR CMLTI 2007-WFHE2 : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : : NO.: 10-5351 VS. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY 140 BRICK CHURCH ROAD NEWVILLE, PA 17241-9704 * *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 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 is scheduled to be sold at the Sheriffs Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $101,243.71 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 (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. 0 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 .4 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-5351 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 VS. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY owner(s) of property situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, being (Municipality) 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 Parcel No. 02-21-0318-029 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $101,243.71 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot of ground situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ON the East by property now or formerly of Caroline Peters; on the South by East North Street; on the West by property now or formerly of Mrs. Annie Baker, and on the North by a public alley, being seventeen (17) feet five (5) inches more or less in front on East North Street and extending at the same width one hundred nineteen (119) feet more or less in depth to the said public alley. HAVING thereon erected a two story semi-detached brick dwelling known and numbered as 167 East North Street UNDER AND SUBJECT, nevertheless, to a right-of-way to the owners, tenants and occupiers of the property adjoining the lot of ground herein conveyed on the West, over, along and upon the alley way extending along the West side of the front portion of the property herein conveyed. Title to said premises is vested in Violet E. Hockenberry, widow, by Deed from Violet E. Hockenberry and Steven L. Hockenberry and William E. Hockenberry, dated 04/08/2010, recorded 04/12/2010 in Instrument Number 201009117. PREMISES BEING: 167 EAST NORTH STREET, CARLISLE, PA 17013-2431 PARCEL NO. 02-21-0318-029 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA,) _ N010-5351 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHEE2 Plaintiff (s) From VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY (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 ---dying-any--debt-to-or-€or-the-account--of-the-defendant-(s)-and-from-delivering-any-property-o€-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$101,243.71 L.L.$.50 Interest From 11/02/2010 to Date of Sale ($16.64 per diem) - $2,013.44 Atty's Comm % Due Prothy $2.00 Atty Paid $221.30 Other Costs Plaintiff Paid Date: November 22, 2010 (Seal) -24)Z'-f David D. Buell, Pr thonotary By: REQUESTING PARTY: Name Michele M. Bradford, Esq Deputy 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. 69849 TRUE COPY FROM RECORD In TwOmony whereof, l here unto set my hand ?: irM Of S91d Comet •t t.e Fels, Pe . ? ?Y d MW ?.n?tr ? JD On December 2, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 167 East North Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 2, 2010 i By: I Real Estate Coordinator I S :Z d h Z ICON ON Vd "Air, , J ?iti3kl 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 28, February 4, and February 11, 2011 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. r-?- k 4i L sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 11 da of Februar 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-5351 Civil US Bank National Association VS. Violet E. Hockenberry Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-5351, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2007-WFHE2 vs. VIOLET E. HOCKENBERRY A/K/A VIOLET HOCKENBERRY, owner(s) of prop- erty situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, being 167 EAST NORTH STREET, CARLISLE, PA 17013-2431. Parcel No. 02-21-0318-029. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $101,243- .71. 28 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 i4fPatriot-h(ws 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 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 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, 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/ 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 fact; 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 off ce 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: 2010-5351 Civil Term 1/28!11 S Bank National Association 2/4/11 Vs Violet E. Nockenberry Atty. Daniel Schmieg 2/11/11 ) By virtue of a Writ of Execution NO. 10- 5351 ........ U.S. BANK NATIONAL ASSOCIATION , AS TRUSTEE FOR CMLTI 2007.WFHE2 vs. V r Sworn to and sk'ibscribed before me this 2? day of February 2011 A D IOLET E. HOCKENBERRY ANA , . . VIOLET HOCKENBERRY owner(s) of Property situate in the First Ward of the Borough of Carlisle , Cumberland County, Pennsylvania, being (Municipality) Notary Public 167 EAST NORTH STREET, CARLISLE , PA 17013-2431 Parcel No. 02-21x)318-029 COMMONWEALTH ,)F PENNSYLVANIA (Acreage or street address) NoMflal Seal Improvements thereon: RESIDENTIAL DWELLING ct,enlE ,_ Kdw?er, Notary Public Dauphin County ' JUDGMENTAMOUNT: $101,243.71 Twp., cvw Paxton - 6 1311 My (ommission res NOV;; ' 4 ti( w?emh^r ?,ennsMan1a ASSSacB ! 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 CMLTI 2007-WFHE2 Tr is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 22nd day of November, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5351, at the suit of CMLTI 2007-WFHE2,Tr against Violet E aka Violet Hockenberry is duly recorded as Instrument Number 201110690. IN TESTIMONY WHEREOF, I have h eunto set my hand and seal of said office this l day of A.D. 2O? Recorder of Deeds Recorder of Dw1k CanbeftW Cooft Ce?lab, FA MY Coerr"w #* firt Monday of Jan. 2014