HomeMy WebLinkAbout01-2205q
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
KAY B. HESS,
Defendant.
145 Fairview Road
Carlisle, ~~
CIVIL DIVISION
NO.: O/- ,,9o~0 ~5-"
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Eastern Savings Bank, FSB
Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
KAY B. HESS,
Defendant.
NOTICE TO DEFEND
CIVIL DIVISION
NO.:
You have been sued in court. If you wish to defend against the claim 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 SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, :
:
Plaintiff, :
VS.
:
KAY B. HESS, :
:
Defendant. :
CIVIL DMSION
NO.:
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguiemes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormeme, el caso puede
proceder sin usted y un fallo pot cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamation o remedio solicitado pot el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO 1MMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO pLrEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, :
:
Plaintiff, :
VS. :
:
KAY B. HESS, :
:
Defendant. :
CIVIL DIVISION
NO.:
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Eastern Savings Bank, FSB, by its attorneys, James, Smith, Durkin &
Connelly LLP, files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Eastern Savings Bank, FSB, which has its principal place of
business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031.
2. The Defendant, Kay B. Hess, is an adult individual whose last known address is
145 Fairview Drive, Carlisle, Pennsylvania 17013.
3. On or about April 20, 1998, Defendant executed a Note in favor of Plaintiff in the
original principa~ amount of $50,000.00. A true and correct copy of said Note is marked Exhibit
"A", attached hereto and made a part hereof.
4. On or about April 20, 1998, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $50,000.00 On the premises hereinat~er deseribod, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on April 24, 1998, in Mortgage Book
Volume 1448, Page 408. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Defendant is the record and real owner of the aforesaid mortgaged premises.
6. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about February 16, 2001, Defendant was mailed a combined Notice of
Homeowners' Emergency Mortgage Assistance ACt of 1983 and Notice of Intention to Foreclose
Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of
1983 and Act 6 of 1974, 41 P.S. §101, et seq. A true and correct copy of said Notice is marked
5. Defendant is the record and real owner of the aforesaid mortgaged premises.
6. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about February 16, 2001, Defendant was mailed a combined Notice of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose
Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of
1983 and Act 6 of 1974, 41 P.S. §101, et seq. A true and correct copy of said Notice is marked
Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendant is as follows:
Principal
Interest through 4/12/01
Late Charges
Bank Fees
Attorney's Fees
Title Search and Costs
$49,221.88
$ 3,960.90
$ 130.36
$ 4O.00
$ 1,100.00
$ 2,500.00
TOTAL $56,953.14
plus interest on the principal sum ($49,221.88) from April 21,2001, at the rate of $21.18 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s)
do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiffwill
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiffwill send Defendant(s) the name and address of the original creditor if
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $56,953.14, with interest thereon at the rate of $21.18 per diem from April 21, 2001 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mo.rtgaged premises.
JAMES, SMI] ~~ONNELLY LLP
Scott A. D
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
NOTE
l. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, 1 promise to pay U.S. $ 50,000.00 (this amount is called
"principal"), plus interest, to the order of the Lender. The Lender is Eastern Savings Bank, fsb, Executive plaza H, Suite 200,
11350 McCormick Road, Hunt Valley, MD 21031. 1 understand that the Lender may transfer this Note. The Lender or anyone
who takes tiffs Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder".
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal h~.s been ps. id. [ will pay interest at a yearly
rate of 15.490 %.
The interest rate required by this Seetinn 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will nmke my monthly payments on the 2t, th day of each month beginning on May Z4
1998 [ will make these payments every month until l have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied first to interest computed to the date of
payment, then to principal, and then to accrued late charges. If, on Apr i t 2a 202 8 , I still owe amounts
under this Note, I will pay those amounts in full on that date, which is called the "maturity date." IfI fail to pay this Note in full
on or before the maturity date, I will pay interest from and after the maturity date upon the unpaid principal balance at the rate of
interest prevailing under this Note. Lender, at its option, may declare any remaining indebtedness immediately due and payable
~ i ve ( 5 ) years after the date of this loan or annually thereafter on the anniversary of that date.
1 will make my monthly payments at Eastern Savings Bank, fsb, Executive Plaza 1I, Suite 200, 11350 McCormick Road,
Hunt Valley, MD 21031 or at a different place if required by the Note Holder. (B) A~nount of Monthly Payments
My monthly payments will be in the amount of U.S. $ 651.86
4. BORROWER'S RIGHT TO PREPAY
Subject to the terms of this paragraph, I have the fight to make payments of principal at any time before they are due. A
payment of principal ohiy is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am
doing so. A prepayment of only part of the unpaid principal is known as a "partial prepayment." If I make a full or a partial
prepayment prior to the third anniversary of the date of this Note, I must pay a prepayment prenfium, The premium will be 3.00 %
of the prepaid principal during the ftrst year, 2.00% of the prepaid principal during the second year, ~ud 1.00% of the prepaid
principal during the third year. Beginning three years from the date of this Note and continuing for the remainder of the Note term,
t may prepay the Note in whole or in part with no prepayment premium or penalty.
If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless
the Note Holder agrees in writing to those ehanges.
5. LOAN CHARGES
If a law. which applies to this loan and which sets maximum loan charges, is t'mally interpreted so that the interest or other
loan charges collected or to be collected in eonnectinn with this loan exceed the permitted limits, them: (i) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the I~rmitted limit; and (ii) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
principal I owe under this Note or by making a direct payment to me. If a refund reduced principal, the reduction will be treated as
a partial prepayment.
6. BORROWER'S FA1LURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it
is due, I will pay a late charge to the Note Holder. The amount of the eberge will be 5 % of my overdue payment of principal and
interest. 1 will pay this late charge promptly, but only once on each late payment. (B) Default
If I do not pay the full amount of eaeh monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal whleh has not been paid and all the
interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to
(D) No Waiver By Note Holder
liven if. at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so ifI am in default at a later time. 0t) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay inmaediamiy in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees. Reasonable attorney's fees shall include fex~s expended in bardcraptey
proceedings fi~ed on behalf of or against me. (F} NSF Charges
Lender may charge a fee of $ ] 5.130 i f a check submitted by the borrower is dishonored on the second presentment.
89030
7. GIVING OF NOTICES
Any notice that must be given to me under this Note will be given by delivering it or by maiilng it by first class mall to me
at the property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice
of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note
Holder at the address stated ill Section 3(A) above or at a different address if 1 am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promise~ made in
this Note, inehiding the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated th do these things. Any person who takes over tbeee obligations, hieinding the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that ~ny one of us may be required to pay
all of the amounts owed under this Note.
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
'Presentment" means the right to require the Note Holder to denmad payment of amounts due. "Notice of dishonor" means the
rigl~t to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions, fu addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the 'Security Instrument"), dawxl the same date as this
Note, protects the Note Holder from possible losses which might result ill do not keep the promises which I make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Inter~t in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a benefieial interest in Borrower is sold or transferr~ and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this optimi shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.
If Lender exercises tiffs option, Lendar shall give Borrower notice of acceleration. Tiffs notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Security fustmment. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
11. APPLICABLE LAW
This Note shall be governed by the provisions of Subtitle 10 of Article 12 of the Commercial Law Article of the Annotated
Code of Maryland, as amended from time to time, and by federal law.
WITNESS THE HA4qD(S) AND SEAL(S) OF THE UNDERSIGNED.
KAY B. HESS~ -Borrower
_(Seal)
-Borrower
_(Seal)
(s~)
[Sign Original Only]
EXHIBIT "B"
Uniform Parcel Identification
, ,'H!!SRLAND COUNTT-PA
'98 I~?¢~ 2q P~ 12 58
EFS/Mechanicsbur~
Par e~l Number:
MORTGAGE
THIS MORTGAGE ("Security Instalment°) is given on this 20th day of April, 1998
· The mortgagor is
("Borrower"). This Security Instrument is given to
("Lender"). Borrower owes Lender the principal sum of
Dollars (U,S. $50,000. O0 ).
SER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
wlxich has the address of 145 FAIRVIEW DRIVE, Carlisle
Permsy[vania 17013 (Zip c~.] ("Properiy Address");
*-,,,. ,.,,,.,.: ,ood448n~
TOGETHER WITH all the improvements now or hereafter erected on the property, and ail easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. Ali of the foregoing is referred to in this Security Instrument as the 'ProperS."
BORROWER COVENANTS that Borrower is lawfully saised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against ail claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combin~s uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constltate a uniform security instrument covering r~l property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Inter.t; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of md interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum (~Funds~) for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property; Co) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly hazed or property insurance premiums; (d) yearly flood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. 'l~aeso items are called "Escrow Items."
Lender may, at any time, collect ~md hold Funds in an mnount not to exceed the maximum amount a lender for a federally
related mortgage loan may require fur Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U.S.C. Sectiaa 2601 et seq. ("RESPA~), unless another law that applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount.
Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or other,vise in accordance with applicable law.
The Funds shall be held in ma institution whose deposits ar~ insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or ia any Federal Home Loss Bank. Lender shall apply the Funds to pay the
Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower ~nteres~ on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay a one-tlme charge for a~ independent real estate tax reporting service
used by Lender in comaection with this loan, unless applicable law provides otherwise. Urdess oa agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an armuai accounting of the Funds, showing credits and debits to the Funds ~d the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for ail sums secured by this Security Lqstrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds ia aceord~tnce with the requirements of applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the F~screw Items when due, Lender may so notify Borrower in writing, and, in such ease Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency ia no more than
twelve monthfy payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, nnder paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the aequlsition or sale
of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by
B0hKI448
8.' Hazard or Propert~ Insurance. Borrower shall ke~p the improvements now existing or hereaf~r erected on the
Proport~ insured against loss by fire, h~is included within the term "extended coverage~ and any other hazards, including
floods or flooding, for which L~ndor r~quirea insuran~. This insurance shall be maintained in tho amounts and for tho periods
O.-6R,PA, ,,.,o,.o ....... , e00~448PAC~ At0 ,n,,,.,.: ~
~payments may no longer be re~tuired, at the option of Lender, if mortgage insurance coverage (in the amount and for tho period
that Lendar requires) provided by an insurer approved by Lender again becomeS available and is obtained. Borrower shall pay
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in cona~ctinn with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the property immediately before tho taking is equal to or greater than. thc amou. nt o[ !he sums secured by this
Security l~strument iimnedintely before the taking, tmhiss Borrower and Lender otherwise agr~ in writing, the sums secured by
this Security Instrument shall be reduced by the amount of the prec.,ds multiplied by the following fraction: (a) the total
·mount of the sums secured immediately before the t~king, divided by (b) the fair m~rket value of the Property iromediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair
17. Transfer of the Proper~y or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date
of this Security Instrnment.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
le~s th~ 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period ~s
applicable law may specify for ~einstatument) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or CO) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sum~ which then would be due under ti~s Security Instrument and the Note as if no acceleration had occurred; Co)
cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees; and (d) take~ such action as Lender may reasonably require to assure
that the lien of this Security Instrument, Lander's fights in the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligation~ secured hereby shall rennin folly effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. 7he Note or a partial interest in the Note (together with this Security
as the 'Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to whleh payments should be made. The notice will also contain any other
information required by applicable law.
20. Hazardous Substitutes. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affeetthg the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential use~ :md to n~intenance of the Property.
Borrower shall promptly give Lander written notice of any Lqvestigation. claim, demand, lawsuit or other action by ~ny
of which Borrower bas aetaal knowledge. If Borrower learns, or is notitied by any governmental or regulatory authority, that
any removal or other remediafion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
all n~cessary remedial actions in accordance with Environmental Law.
As used in this p~ragraph 20, "Hazardous Substances" ar~ tho~e substances defined as toxic or hazardous substances by
Environmental Law mad the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law" me,xns federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection,
NON-UNIFORM COVENANTS. Borrower and Lender f~rther covenant and agree as follows:
21. Acceleration; R~nediss. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of ~.ny .c, ov.enant or..ngre~n., eat. iq tvs Security Instemnent (but not prior to aceeleratinn under paragraph 17 uules*
app ~came law provmes omerwlsei, bender shall notify Borrower of, mnung other things: (a) the default; (b) the action
required to cure the default; (¢) when the default must be cured; and (d) that failure to cure the default as specified may
r~sult in acceleration of the sums secured by this Security lnstemnent, foreclosure by judicial proceeding and sale of the
Property. L~nder shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If
the default is not cured as specified, Lender, at its option, may require imruedlate payruent in full of all sums secured by
~nS ,Secu~i. ~ l, nstru~.?t, wlthou_t rurt,h, er de,hand and may foreclose this Security I~trument by judicial proceeding.
ocr sn~H oe enuuea to COllect all expenses incurred in pursuing the remedies provided in this paragraph 21,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any ~rror or defects in proceedings
to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution,
extonaloa of time, exemption from attachment levy and sale, and homestead exempt on.
· Reinstatement Period. Borrower s time to remstste provided ua paragraph 18 shall extead to one hour prior to the
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title
to the Property, this Security Instrument shall be a purchase money mortgage.
26. 10aterest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Riders to this S~urlty Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall b~ incorporated into and shall amend and supplement
the covenants and agreements of this S~eurity Instrument aa if the alder(s) were a part of this Security instrument.
[Cheek applicable box(es)]
~ Adjustable Rate Rider [~ Condominium Rider [~] 1-4 Family Rider
[~ Graduated Payment Rider [~ Ptsxmed Unit Development Rider ~] Biweekly Payment Rider
[~ Balloon Rider [~ Rate Improvement Rider [~ Second Home Rider
[~] VA Rider [~ Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and
in any rider(s) executed by Borrower and reconted with it.
Witnesses'.
(Seal)
(Seal) (S~ai)
, do hereby certify that the correct addre~ of
Road, Sro. 200, Hunt Valley, ~ 21031
Witness my hand this 20th day of
COMMONWEALTH OF PENNSYLVANIA,
County ss:
On tiffs, the 20th day of J~3ril
personally appeared KAy B. HESS
, 1998
, before me, the undersigned officer,
known to me (or satisfactorily proven) to b~ the
person whose name is subscribed to the within instrument and acknowledged that he
executed the same for the purposes herein contained. ( IA~ ~/
IN WlTNESSWHEREOF I hereunto set my hand and offieia~]///~/ // 1/~ // ~
MyCommission~xpresSepi fi 1999 4
,oo t448 .4t3
COMM?"MENT FOR TITLE IN' ' JRANCE .
SCtIEDULE A CONTINUED
Commitment No. PACU0380959
Legal Description
IN ACCORDANCE with Section E of the Plan of Lots gf Jacob S. Shenk, known as
Cloverleaf Acres NO. 2, which Plan was recorded in the hereinafter named Recorders
Office on October 25, 1956, in Plan Book 8, Page 43, as follows:
BEGINNING at a point on the Northen line of 60-feet wide Fairview Street at the
dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the
Plan of Beginning, along said Northern line of 60-feet wide Fairview Street, South 55
degrees iS minutes West, a distance of 75 feet to a point at the dividing line between
Lots Nos. 7 and 8 of Section E; thence along ~aid dividing line between Lots NOS. 7
and 8 of Section E, North 34 degrees 49 minutes West, a distance of 140 feet to a
point at corner common to Lots Nos. 7 and 8 and 17 anad 18 of Section E, thence along
the dividing line between Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes
East, a distance of 75 feet to a point at corner common to Lots Nos. 18 and 19 and 8
and 9 of Section E; thence along said dividing, line between said Lots Nos. 8 and 9 of
Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the
Northern line of 60-feet wide Fairview Street at the Place of BEGINNING.
THE ABOVE described tract of land contains 75 feet in front along the Northern line of
60 feet wide Fairview Street and extends Northwardly therefrom at an even width a
distance of 140 feet, and is all of Lot No. 8 of Section E as show~ on said Plan of
Cloverleaf Acres No. 2 recorded as aforesaid. See also plan of Cloverleaf Acres
recorded October 2, 1956, in the hereinafter named Recorders Office in Plan Book 8,
Page 7.
THE ABOVE described tract of land is conveyed under and subject to building
restrictions and covenants attached to and applicable to said Plan recorded in said
Plan Book 8 and at Page 43.
THE ABOVE described premises are conveyed subject to easements of record including
rights granted to Middlesex Township Municipal Authority by instrument recorded in the
hereinafter mentioned Recorders Office in Deed Book "I", Volume 29, Page 792, and in
Misc. Book 262, Page 760.
THE ABOVE described tract of land is improved with a one-story ranch-type dwelling
house known as and numbered 145 Fairvlew Drive, Carlisle, Pennsylvania, 17013.
State of Pennsylvania ~.
CounW of Cumberlandl 86
Recerded in, the office for the recording ~ Deeds
ecl, i~ and f~Ot~berland Count~ ~
Chicago Title Insurance C~mpany
EXHIBIT "C" ~
Kay B. Hess
145 FaJ_wiew Drive
Carlisle, PA 17013
ACT 91 NOTICE
February 16, 2001
Via Certified Mail -
Return Receipt Requested
Regular U.S. Mail
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pa~,es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home.
This Notice exl~lains how the prozram works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counselin~ Agency.
The narne, address and phone number of Consumer Credit Counseling A~encies servin~
your County m-e listed at the end of this Notice. If you have any cmestions, you may call the
Penns¥1vanialHousin~ Finance Azenc¥ toll free at 1-800-342-2397. (Persons with impaired
hearin~ can c~ll (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIB'A. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have th, e right to apply for financial assistance from the Homeowner's Emergency M6rtgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consua'ner credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-m-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure 'proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on
your property located at: 145 Fairview Drive, Carlisle~ PA 17013 IS
SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthly payment of $651.86 for the months of
November 2000 through January 2001 for a total monthly l~avment amount of $L955.58.
Other Charges: _ Late char~es in the total amount of $97.77.
TOTAL AMOUNT PAST DUE: $2,053.35
HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING TIlE TOTAL AMOUNT PAST DUE TO TIlE LENDER,
WHICH IS $ 2,053.35~ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either by cash, cashier's check, certified check or money order made oavable and sent to:
Eastern Savings Bank, FSB
ATTN: Ellen Matanle
11350 McCormick Road, Suite 200
Hunt Valley, Maryland 21031
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgaae debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclosure upon your mortoaged
property.
IF TIlE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the mount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THIRTY (30) DAY period, you will not be re~luired to
pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGIlT TO CURE TIlE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the rieht to cure the default and orevent the sale at any time up to one hour before the
Sheriff's Sale. You may do so by pa¥in~ the total amount then past due, Chis any late or other
char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
~efformin~ any other reouirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you have never
defaulted. _ ~
EARLIEST POSSIBLE SHERIFF'S SALE DATE - ~t is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately slx (6)
months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by comacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Eastern Savines Bank, FSB
Address:
11350 McCormick Road, Suite 200,
Hunt Valley, MD 21031
Phone Number: 1-800-982-7114 Ext. 6059
Fax Number:
410-568-4567
Contact Person: Ellen Matanle
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff' s Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or XXX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's feas and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAiN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTiNG ON YOUR
BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES iN
ANY CALENDAR YEAR).
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
VERIFICATION
G. C. KUlikOwSki hereby states that he is the _
Assistant vice President of Eastern Savinqs Bank, fsb
mortgage servicing agent for plaintiff in this matter, that he is
authorized to take this Verification, and that the statements made in
the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of his 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.
Assistant vice President
Date: March 20, 2001
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
KAY B. HESS,
CIVIL DIVISION
No.: 01-2205
ISSUE NUMBER:
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
Defendant
I Hereby certify that the last known address
of Defendant(s) is/are:
145 Fairview Road, Carlisle, PA 17013
FILED ON BEHALF OF:
Eastern Savings Bank, FSB
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Attorney for Plaintiff
JAMES, SMITH, DURK1N & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
KAY B. HESS,
Defendant.
CIVIL DIVISION
NO.: 01-2205
PRAEC~E FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendant, Kay B. Hess, in the amount of $58,373.84 which is itemized as follows:
Principal
Interest through 6/15/01
Late Charges
Bank Fees
Attorney's Fees
Title Search and Costs
$49,221.88
$ 5,316.42
$ 195.54
$ 40.00
$ 1,I00.00
$ 2,500.00
TOTAL $58~373.84
plus interest on the principal sum ($49,221.88) from June 15, 2001, at the rate of $21.18 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the ~aortgaged premises.
JAMES, SMI~~NNELLY LLP
By:
V
scott A.
Attorney for Plaintiff
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
Before me, the tmdersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant is not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notice of Intent to take Default
Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
Sworn to and subscribed before me
this ,~- /,{ day of . :~6t.f_ ,2001.
Notary Public
My Commission Expires:
sco
NOTARIAL SEAL
UICHELLE ELUOTT, NOTARY PUBLIC
HUI~MELSTOWN, DAUPHIN COUNTY, PA
MY COMMISSION EXPIRES JUNE 9, 20ffi
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
CIVIL DIVISION
NO.: 01-2205
KAY B. HESS,
Defendant.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Kay B. Hess
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $58,373.84
plus interest on the principal sum ($49,221.88) from June 15,2001, at the rate of $21.18 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
CASE NO: 2001-02205
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EASTERN SAVINGS BANK FSB
VS
HESS KAY B
JASON VIORAL
Cumberland County, Pennsylvania,
says, the within COMPLAINT
HESS KAY B
DEFENDANT at 1020:00
at 145 FAIRVIEW ROAD
CARLISLE, PA 17013
KAY HESS
a 5rue and attested copy of
Sheriff or Deputy Sheriff of
who being duly sworn according
- MORT FORE was served upon
HOURS, on the 14th day of May
to law,
the
, 2001
by handing to
COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 10.00
.00
31.10
Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline
05/~5/2001
JAMES, SMITH,
By:
DURKIN & CONNELY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EA§TERN SAVINGS BANK, FSB, CIVIL DIVISION
Plaintiff, NO.: 01-2205
'CS.
KAY B. HESS,
Defendant.
TO: Kay B. Hess
145 Fairview Road
Carlisle, PA 17013
DATE OF NOTICE: June 4, 2001
IMPORTANTNOTICE
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 WITHIN TEN (I0) 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 R/GHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
CIVIL DWISION
Plaintiff,
VS.
KAY B. HESS,
Defendant.
NO.: 01-2205
AVISO IMPORTANTE
A. Kay B. Hess
FECHA DEL AVISO:
June 4, 2001
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAK LA ACCION
REQUEPdDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPLEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA
ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
DATE:
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
JAMES, SMITH/I~URKIN &_CONNELLY LLP
BY:
PA I.DJ #55650
Attorffeys for Plaintiff
P.O. Box 650
Hershey, PA ~7033
(717) 533-3280
SHERIFF' S RETURN - REGULAR
CASE NO: 2001-02205 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EASTERN SAVINGS BANK FSB
VS
HESS KAY B
JASON VIORAL ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
HESS KAY B
DEFENDANT , at 1020:00 HOURS,
at 145 FAIRVIEW ROAD
CARLISLE, PA 17013
KAY HESS
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 14th day of May , 2001
by handing to
- MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 10.00
.00
31.10
Sworn and Subscribed to before
me this ~.~/n~day of
~l~f~o ~r~; A.D.
thonotary ' ~ '
So Answers:
R. Thomas Kline
OS/lS/ OOl
JAMES, SMITH,
By:
DURKIN & CONNELY
IN T~E COURT OF ~ PLEAS OF CI~RRllIAAD COUNTY, pE~fLVANIA
C/VIL DMSION
: File NO. 01-2205
Eastern Savings BAnk, FSB,
Plaintiff : Amount Due $58,373.84
v. fror~ .6/15/_01 .
Kay B. Hess, : Interest to aate or saie 3,664.14
Defendant : Atty's Cor~
: Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersiqned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgnent, but if it does,
it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PP, AI~IPE FOR EXECLrfION
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s) See Exhibit "A" attached.
PRA~CIPE FOR AT~AC~V~IWT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named g~ufnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
end all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) s~ l~pendens against
real estate of the ~efendant(s) described in the attached
DATE:
Print Name: Scott/A. Dietterick,
AJdress:
James, Smith, Durkin
P 0 Box 650
Heshey, PA 17033
Esquire
Connelly LLP
Attorney for:
Telephone: ( 717 )
Supreme Court ID No.:
Plain%iff
533-3280
55650
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of/and and promises, situate, lying and
being in the Township of Middlesex, in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the Northern line of 60-feet wide Fairview Street at the
dividing line between Lots Nos. 8 and 9 of Section E; thence fi.om said point at the Plan of
Beginning, along said Northern line of 60-feet wide Fairview Street, South 55 degrees 15
minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos. 7 and
8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section
E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common
to Lots No. 7 and 8 and 17 and 18 of Section E, thence along the dividing line between
Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet
to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence
along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45
minutes East, a distance of 140 feet to a point on the Nortbem line of 60-feet wide
Fairview Street at the Place of BEGINNING.
THE ABOVE described tract of land contains 75 feet in fi.om along the Northern line of
60 feet wide Fairview Street and extends Northwardly therefi'om at an even width a
distance of 140 feet, and is all of Lot No. 8 of Section E as shown on said Plan of
Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded
October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7.
THE ABOVE described tract of land is conveyed under and subject to building
restrictions an covenants attached to and applicable to said Plan recorded in said Plan
Book 8, Page 7 and at Page 43.
THE ABOVE described premises are conveyed subject to easements of record including
rights granted to Middlesex Township Municipal Authority by instrument recorded in the
bereinat~er memioned Recorder's Office in Deed Book 'T', Volume 29, Page 792, and in
Misc. Book 262, Page 760.
THE ABOVE described tract of land is improved with a one-story ranch-type dwelling
house known as and numbered 145 Fairview Drive, Carlisle, Pennsylvania, 17013.
BEING the same premises which Donna M. Vozenilek, by her Deed dated December 11,
1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book
Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman.
Parcel No~: 21-18-1363-022F
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAV1NGS BANK, FSB, :
Pla'mtiff,
VS. :
:
KAY B. HESS, :
:
Defendant. :
CIVIL DIVISION
NO.: 01-2205 Civil
AFFIDAVIT PURSUANT TO RULE 3129.1
Eastern Savings Bank, FSB, Plaintiff in the above action, sets forth as of the date
the Praecipe for Writ of Execution was filed the following information concerning the real
property located at 145 Fairview Road, Carlisle, Curaberland County, Pennsylvania
17013:
1. Name and Address of Owner(s) or Reputed Owner(s):
KAY B. HESS 145 Fairview Road
Carlisle, PA 17013
2. Name and Address of Defendant(s) in the Judgmem:
KAY B. HESS 145 Fairview Road
Carlisle, PA 17013
3. Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
EASTERN SAVINGS BANK, FSB
EMC MORTGAGE CORP.
Pla'mtiff
PO Box 141358
Irving, TX 75039
4. Name and Address of the last record homer of every mortgage of record:
EASTERN SAVINGS BANK, FSB Plaintiff
property:
Name and Address of every other person who has any record lien on the
CUMBERLAND COUNTY 'FAX
CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
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:
NONE
7. Name and Address of every other person of whom the Plaintiffhas
knowledge who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC
RELATIONS OFFICE
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true and correct to the best of
my personal knowledge, information and belief. I understand that false statemems herein
are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom fa~ification to
authorities.
DATED:
JAMES, SMITH
BY:
Scot~.
Pa. I.D.
NELLY LLP
55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, :
.-
Plaintiff, :
VS.
KAY B. HESS, :
:
Defendant. :
CIVIL DIVISION
NO.: 01-2205 Civil
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Kay B. Hess
145 Fairview Road
Carlisle, PA 17013
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be hem at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 5, 2001, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement oftbe measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
145 Fairview Road
Carlisle, PA 17013
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 01-2205 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Kay B. Hess
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that
hold mortgages and municipalities that are owed taxes), will be fried by the Sheriffthirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten
(10) days of the date it is filed. Information about the Schedule of Distribution may be
obtained from the Sheriffofthe Court of Common Pleas of Cumberland County, South
Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland Cotmty Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of a
legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in
the preceding paragraphs must be presented to the Court of Common Pleas
of Cumberland County. The petition must be served on the attorney for
the creditor or on the creditor before presentation to the Court and a
proposed order or nde must be attached to the petition. Ifa specific return
date is desired, such date must be obtained l~om the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMI'E~t, DURK1N & CONNELLY LLP
BY: Sc~Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MALL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and promises, situate, lying and
being in the Township of Middlesex, in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the Northern line of 60-feet wide Fa'~view Street at the
dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of
Beginning, along said Northern line of 60-feet wide Fairview Street, South 55 degrees 15
minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos. 7 and
8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section
E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common
to Lots No. 7 and 8 and 17 and 18 of Section E, thence along the dividing line between
Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet
to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence
along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45
minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide
Fairview Street at the Place of BEGINNING.
THE ABOVE described tract of land contains 75 feet in front along the Northern llne of
60 feet wide Fairview Street and extends Northwardly therefi'om at an even width a
distance of 140 feet, and is all of Lot No. 8 of Section E as shown on said Plan of
Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded
October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7.
THE ABOVE described tract of land is conveyed under and subject to building
restrictions an covenants attached to and applicable to said Plan recorded in said Plan
Book 8, Page 7 and at Page 43.
THE ABOVE described premises are conveyed subject to easements of record including
rights granted to Middlesex Township Murdcipal Authority by instrument recorded in the
hereinafter mentioned Recorder's Office in Deed Book "I", Volume 29, Page 792, and in
Misc. Book 262, Page 760.
THE ABOVE described tract of land is improved with a one-story ranch-type dwelling
house known as and numbered 145 Fairview Drive, Carlisle, Pennsylvania, 17013.
BEING the same prerrfises which Donna M. Vozenilek, by her Deed dated December 11,
1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book
Voiume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman.
Parcel No.: 21-18-1363-022F
Exhibit "A'
IN THE COURT OF COMMON PLEAS OF CUM BERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, CIVIL DIVISION
Plaintiff,
KAY B. HESS,
Defendants.
NO.: 01-2205 Civil
Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF
DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST
I, Scott A. Dietterick, Esquire, attorney for Eastern Savings Bank, FSB, Plaintiff; being
duly sworn according to law depose and make the following Affidavit regarding service of
Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other
Parties of Interest as follows:
1. Defendant, Kay B. Hess, is the record owner oftbe real property.
2. On or about August 30, 2001, Defendant, Kay B. Hess, was served with Plaintiffs
Notice of Sheriffs Sale of Real Property Pursuant to Pa~R.C.P. 3129, via certified mail, return
receipt requested, at the address of the mortgaged premises, being 145 Fairview Road, Carlisle,
Pennsylvania 17013. A tree and correct copy of said Notice and Return Receipt are marked
Exhibit "A", attached hereto and made a part hereofi
3. On or about September 17, 2001, Plaintiff's counsel served all other parties in
interest with Plaimitt's Notice of SberitTs Sale according to Plaintiff's Affidavit Pursuant to Rule
3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. Tree and
correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto
and made a part hereof.
Finally, the undersigned deposes and says that Defendant/Owner and all Other Parties of
Interest were served with Plaintiffs Notice of Sherffi's Sale of Real Property in accordance with
Pa. R.C.P. 3129.2.
Dated:
JAMES, S~CO~LLY
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LLP
Swom to and subscribed before me this
day of ~ ,2001.
Notary Public
MY COMMISSION EXPIRES:
NOTARIAL SEAL
MIOHELLE ELLIOTT, NOTARY PUBLIC
HUMMELSTOWN, DAUPHIN COUNTY, PA
BY COMMISSION EXPIRES JUNE g, 2003
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF
CUM]3ERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, :
Pla/ntitT, :
VS. .'
KAY B. HESS, :
:
Defendant. :
CIVIL DIVISION
NO.: 01-2205 Civil
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Kay B. Hess
145 Fairview Road
Carlisle, PA 17013
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pem~sylvaala 17013 on
Wednesday, December 5, 2001, at 10:00 a.m_ prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
145 Fairview Road
Carlisle, PA 17013
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 01-2205 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Kay B. Hess
A SCHEDULE OF DISTRIBUTION, being a list of the persons md/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that
hold mortgages and mun/cipalities that are owed taxes), will be fled by the Sher'n~fthirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, witltin ten
(10) days of the date it is filed. Information about the Schedule of Distribution may be
obtained fi.om the Sheriff of the Court of Common Pleas of Cumberland County, South
Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AN~I) PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property fi:om being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(7 i 7) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware ora
legal defect in the obligation or the procedure used against you.
2, Alter the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in
the preceding paragraphs must be presented to the Court of Common Pleas
of Cumberland County. The petition must be served on the attorney for
the creditor or on the creditor before presentation to the Court and a
proposed order or role must be attached to the petition. Ifa specific return
date is desired, such date must be obtained bom the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITH, DURK1N & CONNELLY LLP
Sc squire
Pa. I.D.//55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTE~
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel o£1and and promises, situate, lying and
being in the Township of Middlesex, in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the Northern Line of 60-feet wide Fairview Street at the
dividing line between Lots Nos, 8 and 9 of Section E; thence from said po/nt at the Plan of
Beginning, along said Northern tine of 60-feet wide Fairview Street, South 55 degrees 15
minutes West, a distance of 75 feet to apo'mt at the dividing line between Lots Nos. 7 and
8 of Section E; thence along said dividing 1/ne between said Lots Nos. 7 and 8 of Section
E, North 34 degrees 45 minutes West, a d/stance of 140 feet to a point at corner common
to Lots No. 7 and 8 and 17 and 18 of Section E, thence along the dividing line between
Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet
to a point at corner common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence
along said divid'mg line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45
minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide
Fakview Street at the Place of BEGI-NrNi2N*G.
THE ABOVE described tract of land contains 75 feet in front along the Northern line of
60 feet wide Fairview Street and extends Northwardly therefrom at an even width a
distance of 140 feet, and is all of Lot No. 8 of Section E as shown on said Plan of
Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded
October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7.
THE .ad3OVE described tract of land is conveyed under and subject to building
restrictions an covenants attached to and applicable to said Plan recorded in said Plan
Book 8, Page 7 and at Page 43.
THE ABOVE described premises are conveyed subject to easements of record including
rights granted to Middlesex Township Municipal Authority by instrument recorded in the
hereinafter mentioned Recorder's Office in Deed Book "I", Volume 29, Page 792, and in
Misc. Book 262, Page 760.
THE ABOVE described tract of land is improved with a one-story ranch~type dwelling
house known as and numbered 145 Fairview Drive, Carl.isle, Pennsylvania, 17013.
BEING the same premises which Donna M. Vozenilek, by her Deed dated December 11,
1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book
Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman.
Parcel No.: 21-18-1363-022F
Exhibit "A"
· Complete items 1,2, and 3. AIs~ complete-
item 4 f Restricted Delivery is (~esired.
· Print your name and address on the reverse
so that we can return the card [o you.
· Attach this car(] to the Pack of the mailptece,
or on the front if space permits.
C.S
B. Date of Delivery
~Certltied Mai [] Express Mai~
[] Registered [~'Return Receipt for Vlerchandise
[] Insured Mail [] C.O.D.
Restricted DeliverY° ¢Extra Fee) [] yes
~S Form 3811, July 1999 Domestic Return Receipt
1(]2595-00-M-0952
EXHIBIT "B"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, : CIVIL DIVISION
Piainti~ : NO.: 01-2205 Civil
VS.
KAY B. HESS,
Defendants.
NOTICE TO LIENItOLDERS AND OTI~R PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriffof Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2001 at 10:00 a.m., the following described real estate which Kay B. Hess is the
owner or reputed owner and on which you may hold a lien or have an interest which could be affected
by the sale o~
145 Fairview Road
Carlisle, Pennsylvania 17013
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
KAY B. HESS,
Defendants.
at EX. NO. 01-2205 Civil in the amount of $58,373.84, plus interest and costs.
Claims against property must be filed at the Office of the Sheriffbefore above sale date.
Claims to proceeds must be made with the Office of the Sheriffbefore distribution.
Schedule of Distr~ution will be filed with the Office of the Sheriff no later than thirty (30) days
from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of
the Sheriffno later than ten (10) days fi.om the date when Schedule of Distribution is filed in the Office
of the Sheriff:
If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you
should contact your attorney as soon as possible.
Dated:
JAMES, SMITH, DURKIN &
CONNELL]I L P
PA ED #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533~3280
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and prorr~es, situate, iy/~g and
being in the Township of Middlesex, in the County of Cumberland and Commonwealth of
Permsylvarda, more particularly described as foIlows:
BEGINNING at a point on the Northern line of 60-feet wide Fairview Street at the
divid/ng/tine between Lots Nos. 8 and 9 of Section E; ~ence from said point at the Plan of
Begkming, along said Northern l/ne of 60-feet wide Pairview Street, South 55 degrees 15
minutes West, a distance of 75 feet to a point at the dividing 1/ne between Lots Nos. 7 and
8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section
E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common
to Lots No. 7 and 8 and 17 and 18 of Section E, thence along the dividing l~ne between
Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet
to a point at corner common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence
along said dividing ~ne between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45
minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide
Fairview Street at the Place of BEG~'2XVNING~
THE ABOVE described tract of land confabs 75 feet in float abng the Northern 1/ne of
60 feet wide Fairview Street and extends Northwardly therefrom at an even width a
distance of t40 feet, mad is all of Lot No. 8 of Section E as shown on said Plan of
Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded
October 2, t 956, in the hereinafter named Recorders Office in Pan Book 8, Page 7.
TI-12E )~BOVE described tract of land is conveyed under and subject to building
restrictions an covenants attached to and appl/cable to said Plan recorded in said Plan
Book 8, Page 7 and at Page 43.
THE ABOVE described premises are conveyed subject to easements of record hacluding
rights granted to Middlesex Townsl:dp Municipal Authority by instrument recorded in the
hereina~er mentioned Recorder's Office in Deed Book "J", Volume 29, Page 792, and in
M/sc. Book 262, Page 760.
TH]E ABOVE described tract of/and is improved with a one-story ranch-type dwellkng
house known as and numbered 145 Fairview Dr/ve, Carlisle, Pem3s~ivania, 17013.
BEING the same premises which Dovma M. Vozen/lek, by her Deed dated December I 1,
1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book
Volume K-35, Page 1157, granted and conveyed unto KayB. Hess, a single woman.
Parcel No,: 21-18-1363-022F
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, :
:
Plaintiff, :
;
VS. :
KAY B. HESS, :
:
Defendants. : .
CIVIL DIVISION
NO.: 01-2205 Civil
NOTICE TO LH~NItOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO:
Cumberland County Domestic Relations Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Shefiffof Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2001 at i0:00 a.m., the following described real estate which Kay B. Hess is the
owner or reputed owner and on which you may hold a lien or have an interest which could be affected
by the sale ot5
145 Fairview Road
Carlisle, Pennsylvania 17013
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
EASTERN SAVINGS BANK, FSB,
Plaintiff,
KAY B. HESS,
Defendants.
at EX. NO. 01-2205 Civil in the amount of $58,373.84, plus interest and costs.
Claims against property must be filed at the Office of the Sheriffbefore above sale date.
Claims to proceeds must be made with the Office of the Sheriffbefore distribution.
Schedule of Distribution will be filed with the Office of the Sberiffno later than thirty (30) days
from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of
the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
If yon have any questions or comments with regard to the Sheriffs Sale or this Notice, you
should contact your attorney as soon as possible.
Dated: ~llq)0'~-
JAMES, SMITH, DURKIN &
CONNELL~
By:
Scott A. D ,~tte ~Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION '
ALL THAT CERTAIN tract or parcel of land and prorrnses, situate, lying and
being in the Township of Middlesex, in the County of Cumberland and Commoawealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the Northern line of 60~feet wide Fairview Street at the
dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of
Begirming, along said Northern line of 60-£eet wide Fairview Street, South 55 degrees 15
minutes West, a distance of 75 feet to a point at the dividing line bet;veen Lots Nos. 7 and
8 of Section E; thence along said dividing l/ne between said Lots Nos. 7 and 8 of Section
E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at corner common
to Lots No. 7 and 8 and 17 and 18 of Section E, thence along the di;Sding 1Lne between
Lots Nos. 8 and 18 of Sectiot~ E, North 55 degrees 15 m/mutes East, a distance of 75 feet
to a point at corner common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence
along said dividing line between said Lots Nos. 8 and 9 of Sectinn E, South 34 degrees 45
minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide
Falrview Street at the Place o~BEGE'iNTNG.
TI:IJE ABOVE described tract of land coma/ns 75 feet in front along the Northern line of
60 feet wide Fairv/ew Street and exIends Northwardly therefrom at an even width a
distance of 140 feet, and is all of Lot No. 8 of Section E as shown on said Plan of
CloverleafAcres No. 2 recorded as aforesaid. See also Plan of CloverleafAcres recorded
October 2, t 956, in the hereim'tfter named Recorders Office in Pan Book 8, Page 7,
THE .aBOVE described tract of land is conveyed under and subject to building
restrictions an covenants attached to and applicable to said Plan recorded in said Plan
Book 8, Page 7 and at Page 43.
THE ABOVE described prernises are conveyed subject to easements of record including
rights granted to Middlesex TownsbJp Municipal Authority by/nstmment recorded in the
hereinafter mentioned Recorder's Office in Deed Book 'T', Volume 29, Page 792, and in
Misc. Book 262, Page 760.
THE ABOVE described tract of'land is improved wkh a one-story ranch-type dwel//ng
house known as and numbered 145 Falrview Drive, Carlisle, Pera~_zlvarfia, 170t3,
BEING the same premises which Donna M. Vozerfilek, by her Deed dated December I 1,
1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book
Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman.
Parcel No.: 21-18-1363-022F
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB, :
Plaintiff; :
;
VS. :
KAY B. HESS, :
:
Defendants. :
CIVIL DIVISION
NO.: 01-2205 Civil
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129C0)
TO: EMC Mortgage Corp.
P.O. Box 141358
Irving, TX 75039
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sberiffof Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on December 5, 2001 at 10:00 a.m,, the following descried real estate which Kay B. Hess is the
owner or reputed owner and on which you may hold a lien or have an interest which could be affect6d
by the sale of.'
145 Fairview Road
Carlisle, Pennsylvania 17013
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). ....
The said Writ of Execution has been issued on a judgment in the action of
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
KAY B. HESS,
Defendants.
at EX. NO. 01-2205 Civil in the amount of $58,373.84, plus interest and costs.
Claims against property must be filed at the Office of the Sheriffbefore above sale date.
Claims to proceeds must be made with the Office of the Sheriffbefore distribution.
Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days
fi.om the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be fded with the Office of
the Sheriff no later than ten (10) days fi.om the date when Schedule of Distribution is filed in the Office
of the Sheriff.
If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you
should contact your attorney as soon as possible.
Dated:
JAMES, SMITH, D! KIN &
By: . __.
Scott A. B~fetterick, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and pronmses, situate, Iy/fig and
being in the Township of Middlesex, in the County of Cumberland and Commoawealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the Northern l/ne of 60-feet w/de Fairvie~, Street at the
dMding line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of
Begirming, along said Northern line of 60-feet wide Fa/rview Street, South 55 degrees 15
m/mutes West, a d/stance of 75 feet to a point at the dividing line between Lots Nos. 7 and
8 of Section E; thence along said dividing line between sa~d Lots Nos. 7 and 8 of Section
E, North 34 degrees 45 rr~ntrtes West, a d/stance of 140 feet to a point at corner common
to Lots No. 7 and 8 and 17 tu~d 18 of Section E, thence along the dividing l/ne between
Lots Nos. 8 and 18 of Section E, North 55 de,ecs 15 minutes East, a distance of 75 feet
to a point at corner common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence
along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45
minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide
Fa/rview Street at the Place o~'BEGINN~NG.
THE ABOVE described tract of land contains 75 feet in front along the Northern line of
60 feet wide Fairview Street and extends Northwardly therefro~n at an even w/dth a
distance of 140 feet, and is all of Lot No. 8 of Section E as shown on said Plan of
Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded
October 2, 1956, in the hereirmf~er named Recorders Office in Pan Book 8, Page 7.
THE ABOVE described tract of land is conveyed under and subject to building
restrictions an covenants attached to and applicable to said Plan recorded in said P/m~
Book 8, Page 7 and at Page 43.
THE ABOVE described prera/ses are conveyed subject to easements of record including
rights granted to Middlesex Township Municipal Authority by instrument recorded in the
hereinalSer mentioned Recorder's Office in Deed Book ';~", Volume 29, Page 792, and in
M/sc. Book 262, Page 760.
~ ABOVE described tract of land is improved with a one-story ranch-type dwelling
house known as and numbered 145 Falrv/ew Drive, Carl/s/e, Pems2~Ivar~ 17013.
BEING the same prern~ses which Donna M. Vozenilek, by her Deed dated December 11,
1991 and recorded on December 16, 1991 in and for Cumberland Comity, in Deed Book
Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman.
Parcel No.: 21-I8-1363-022F
Exhibit ~'A"
U.S. POSTAL SERVICE CER~TIFICATE
OF
MAILING
MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAiL DOES NOT
PROVIDE FOR INSURANCE--POSTMASTER
Received From:
PS Form 3817 Mar, 1989
Affix fee here in szamDs
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Or~.me~?r.~pos,age anc
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT /' ~t;~i J~quire of
PROVIDE FOR INSURANCE POSTMASTER /~' ~ ~ostma~ current
PS Form 3817 Mar. 1989
~ce of ordinar~ mz addcess~
pS~orm 3817, Mar. 19B9
STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
Robert P Ziegler
I, .............................................................................. Recorder of
Deeds in and for said County and State do'her,:by certify that the Sheriff's Deed in which
Sweet Air Investment Inc
.................................................................................... i~ thc gran~e
5th
the: same having been sold to said grantee on the ............................................... day of
O1
Dec
........................................ A. D., ~ ..... , under and by viHue of a writ
21st
Execution
................................................ issued on thc .....................................
O1
day of august A.D., ..... ~ out of thc Court of Co-roman Pleas of said County'as of
Eastern Sav£ngs Bank FSB
' 2205
Number .............. , at the suit of ...............................................................
Kay B Hess
................................... against .................................................... is
249 3377
duly recorded in SherifFs Deed Book No ............. , Page .............
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this .... /_~'____ day
of .............................. A.D., ......
Eastern Savings Bank, FSB
VS
Kay B. Hess
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-2205 Civil Term
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on Oct. 01, 2001 at 12:50 o'clock P.M., E.D.S.T., he served a true copy of the within
Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
within named defendant, to wit: Kay B. Hess, by making known unto Kay Hess, at 145
Fairview Drive, Carlisle, Pennsylvania, its contents and at the same time handing to her
personally the said true attested copy of the same
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that
on Oct. 01, 2001 at 12:50 o'clock P.M., E.D.S.T., he posted a true copy of the within
Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Kay B. Hess, located at 145 Fairview Dr., Carlisle, Pennsylvania, according
to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Kay B. Hess, by regular mail to her last known address, 145 Fairview
Drive, Carlisle, PA 17013. This letter was mailed under the date of October 8, 2001 and
never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for
the stun orS1.00 to Attorney Scott Dietterick for Sweet Air Investment, Inc.. It being the
highest bid and best price received for the same, Sweet Air Investment, Inc. of 11350
McCormick Rd., Suite 200, Hunt Valley, MD 21031, being the buyer in this execution
paid Sheriff R. Thomas Kline the sum of $1,000.00, it being costs.
Sheriff's Costs:
Docketing $30.00
Posting Handbills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 3.25
Certified Mail 1.84
Levy 15.00
Surcharge 20.00
Postpone Sale
Law Journal 456.05
Patriot News 309.63
Share of Bills 25.66
Distribution of Proceeds 25.00
Sheriff's Deed 26.50
Poundage 15.57
$1,000.00
Sworn and subscribed to before me
This a~day of
2001, A.D. (~ t~''
Prothonotary
R. Thomas Kline, Sheriff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
KAY B. HESS,
Defendant.
CIVIL DIVISION
NO.: 01-2205 Civil
AFFIDAVIT PURSUANT TO RULE 3129.1
Eastern Savings Bank, FSB, Plaintiffin the above action, sets forth as of the date
the Praecipe for Writ of Execution was filed the following information concerning the real
property located at 145 Fairview Road, Car[isle, Cumberland County, Pennsylvania
17013:
1. Name and Address of Owner(s) or Reputed Owner(s):
KAY B. HESS 145 Fairview Road
Carlisle, PA 17013
2. Name and Address of Defendant(s) in the Judgment:
KAY B. HESS 145 Falrview Road
Carlisle, PA 17013
3. Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
EASTERN SAVINGS BANK, FSB
EMC MORTGAGE CORP.
Plaintiff
POBox 141358
Irving, TX 75039
4. Name and Address of the last record holder of every mortgage of record:
EASTERN SAVINGS BANK, FSB Plaintiff
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EASTERN SAVINGS BANK, FSB,
Plaintiff,
VS.
KAY B. HESS,
Defendant.
CIVIL DIVISION
NO.: 01-2205 Civil
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Kay B. Hess
145 Fairview Road
Carlisle, PA 17013
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, December 5, 2001, at 10:00 a.m, prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
145 Fairview Road
Carlisle, PA 17013
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 01-2205 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TInS
PROPERTY ARE:
Kay B. Hess
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriffthirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten
(10) days of the date it is filed. Information about the Schedule of Distribution may be
obtained fi.om the Sheriff of the Court of Common Pleas of Cumberland County, South
Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property fxom being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of a
legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. Tiffs petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in
the preceding paragraphs must be presented to the Court of Common Pleas
of Cumberland County. The petition must be served on the attorney for
the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. Ifa specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED: c~///'/(~
JAMES, SMIT:I, DURK1N & CONNELLY LLP
BY: So'Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and promises, situate, lying and
being in the Township of Middlesex, in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the Northern line of 60-feet wide Fairvlew Street at the
dividing I/ne between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of
Beginning, along said Northern line of 60-feet wide Falrview Street, South 55 degrees 15
minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos. 7 and
8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section
E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common
to Lots No. 7 and 8 and 17 and 18 of Section E, thence along the dividing line between
Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet
to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence
along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45
minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide
Fairview Street at the Place o fBEG12xrNING.
TI-tIE ABOVE described tract of land contains 75 feet in front along the Northern line of
60 feet wide Fairview Street and extends Northwardly therefrom at an even width a
distance of 140 feet, and is all of Lot No. 8 of Section E as shown on said Plan of
Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded
October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7.
THE ABOVE described tract of land is conveyed under and subject to building
restrictions an covenants attached to and applicable to said Plan recorded in said Plan
Book 8, Page 7 and at Page 43.
THE ABOVE described premises are conveyed subject to easements of record including
rights granted to Middlesex Township Murticipal Authority by instrument recorded in the
hereinafter mentioned Recorder's Office in Deed Book "I", Volume 29, Page 792, and in
Misc. Book 262, Page 760.
THE ABOVE described tract of!and is improved with a one-story ranch-type dwel/ing
house known as and numbered 145 Fairview Drive, Carlisle, Pennsylvania, 17013.
BEING the same premises which Donna M. Vozenilek, by her Deed dated December 11,
1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book
Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman.
Parcel No.: 21-18-1363-022F
Exhibit "A"
WRIT OF EXECUTION and/or A'R'ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF Cb~n ~bqrl~d ......... COUNTY
To satisfy tile debt, interest and costs due Eastern Savings Bank, FSB
NO. 01-2205 _ CIVIL ~ TEiqH
CIVIL ACTION - LAW
PLAINTIFF(S)
from _~_Ka3_~B_. Hess, 145 FaLrview Road, Carlisle, PA 17013
DEFENDANT(S)
(1) You are directed to levy upon the properly of the defendant(s) and to sell_ See Legal Descr~tion
(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/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any properly of the defendant(s) or otherwise disposing
thereof;
(3) ~fpr~perty~fthedefendant(s)n~t~ev~eduponansubjectt~attachmen~isf~undin~hepossessi~n~fany~ne~ther
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 $58,373.84
frcm 6/15/01 to date of sale
Interest ~3&5~L~4
Atty's Corem %
A~y Paid $103.10
Plaintiff Paid
L.L $.50
Due Prothy $1.00
Other Costs
Date: Au__gust 21, 2001
REQUESTING pAR~: ;: * , '
Curtis R. Long
Prothonotary, Civil Division
Name Scott A. Die'tie.tek, Esq.
James, Smmtn, I~uz~-iK~Oor~ LLP
Address: - P O Box gq0
Hershey, PA 17033
Attorney for: _ Plaintiff
Telephone: _717-533-3280
Supreme Court ID No, 55650
P~'bl FgTATE SA/.E No.
· .~.¢.~. I(. *Lc~oj the sheriff levied ui~on tfleaefena~,,
interest in the real pr~erty situated in ~,'
Oum~rland County, Pa., known and num~f~
~ t
~ ~.~ and more tully described on ~h~ "A" fi~ with
this walt and by this reference incorporated ~n~,
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The
Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the
6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in M!~ceilaneous Book "M",
Volume 14, Page 317. ~ .~
PUBLICATION ............................................................................................
COPY S~l¢orn to and eub"¢r~v'~d hafore me tb~s 19th day"of November 2001 A.D.
/
S A L E #17
~, ~n~ ~~commlssion expires June 6, 2002
CUMBERED ~U~ SHERI~S OFFICE
CUMBERED C~ C~R~SE
CARLISLE, PA. 17013
/~LL 1'F~T
at a point on the No~mn tine of
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 308.13
$ 1.50
$ 309.63
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of '['he Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, 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:
October 12, 19, 26, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical &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.
RF-,AL F-,STAT~ 8AI~E NO. 17
Writ No. 2001-2205 Civil
Eastern Savings Bimk, FSB
VS,
Kay B. He~s
Atty.: Scott A. Dl&tterlck
EXHIBIT A
LEGAL DESCRI~TION
ALL THAT CERTAINitract or par-
Cel of land and promises, situate,
lying and being In the ~rownsblp of
Middlesex, in tile CouBty of Cum-
berland and Commonwealth of
Pennsylvania. more particularly de-
scribed as follows:
BEGINNING at a p01nt on the
Northern line of 00-feet wide
Falrvlew Street at the dlviding
between Lots Nos. 8 and 9 of See-
tlon E: thence from said point at
the Plan of Beglnnlng,~ along said
_N_orth~rn_ l~ne ~f 601-~et ~tde
SWORN TO AND SUBSCRIBED before me this
26 day of OCTOBER, 2001
betwee~ Luts Nos. ~ a~d 9 of $~dou E; ~teuct
75 fe~ to a point at ~ d~fi,~g liu,~ ut~v=~ '~
43.
B~ ~ ~ ~ w~ M.