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HomeMy WebLinkAbout12-1365PHELAN HALLINAN & SCHMIEG, LLP kobert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 267745 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQI 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON 4 W MAIN STREET APARTMENT I WALNUT BOTTOM, 17266 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. l o7 - /3405 Oi, I I I+erfi CUMBERLAND COUNTY Am W r -Oi co r- - - ° ?. = -° < c? * s• C? ?C -) r 4 -?- X J CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O-S 03.175 f 0 A-TTY 10a`L04o -17 1'7 '73 File #: 267745 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #; 267745 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQ 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON 4 W MAIN STREET APARTMENT 1 WALNUT BOTTOM, PA 17266 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/06/2006 STEPHANIE L. HAMILTON and TIMOTHY J. HAMILTON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1975, Page 2684. By Assignment of Mortgage Recorded 07/26/2011, the mortgage was assigned to PLAINTIFF in Assignment of Mortgage Instrument No. 201120679. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 267745 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 11/09/2011: Principal Balance $114,971.50 Interest $5,727.69 through 11/09/2011 Late Charges $97.32 Property Inspections $220.00 Broker BPO $85.00 Escrow Deficit $3,065.70 TOTAL $124,167.21 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 267745 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $124,167.21, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. AN & SC HMIEG, LLP P 2IN. By: 93 Attorney for Plaintiff File #: 267745 LEGAL DESCRIPTION ALL THAT CERTAIN two (2) lots or parcels of ground situate in Penn Township Cumberland County, Pennsylvania, bounded and described in accordance with a Plan titled 'Minor Subdivision Plan for John W. Kuntz', prepared by Eric L. Diffenbaugh R. P. L. S. dated July 14, 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 78, Page 6, as follows: Tract No. 1: BEGINNING at a point in the right-of-way line of Beetem Hollow Road at a railroad spike at corner of lands now or formerly of Lester Sensenig, et ux.; thence along Beetem Hollow Road, South 31 degrees 59 minutes 16 seconds East 26.82 feet to a point; thence along Lot No. 2 on the aforementioned Plan, South 36 degrees 47 minutes 19 seconds West 231.17 feet through a concrete monument to an iron pin; thence continuing along Lot No. 2, South 36 degrees 40 minutes 14 seconds East 233.44 feet to an iron pin; thence along Parcel B on the aforementioned Plan, South 62 degrees 33 minutes 38 seconds West 125.28 feet to an iron pin; thence along Lot No. 1 on the aforementioned Plan, being Tract No. 2 herein, North 33 degrees 29 minutes 08 seconds West 206.42 feet to a railroad spike; thence along and through an existing paved driveway along lands now or formerly of Lester Sensenig, et ux., North 36 degrees 47 minutes 19 seconds East 350.49 feet to a railroad spike, the Place of BEGINNING. CONTAINING 0.7627 acre, more or less, and designated as Parcel A on the aforementioned Minor Subdivision Plan for John W. Kuntz. 032-PA-V3 File #: 267745 Tract No. 2: BEGINNING at an iron pin at the southeast corner of Parcel 'A' on the aforementioned Plan, being Tract No. 1 herein; thence along Parcel 'B' on the aforementioned Plan, South 56 degrees 45 minutes 48 seconds West 193.21 feet to an iron pin in line of land now or formerly of Keith W. Thompson, et ux.; thence by said land now or formerly of Keith W. Thompson, et ux. North 32 degrees 37 minutes 04 seconds West 148.93 feet to a corner post in line of land now or formerly of Lester Sensenig, et ux.; thence by said land now or formerly of Lester Sensenig, et ux. North 39 minutes 59 minutes 10 seconds East 199.18 feet to an iron pin at southwest corner of Parcel 'A' on the aforementioned Plan, being Tract No. 1 herein; thence by said Parcel 'A', Tract No. 1 herein South 33 degrees 29 minutes 08 seconds East 206.42 feet to an iron pin; the Place of BEGINNING. CONTAINING 0.7827 acre, more or less, and being designated as Lot No. 1 on the aforementioned Minor Subdivision plan for John W. Kuntz. PROPERTY ADDRESS: 86 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241-9541 PARCEL # 31-12-0330-023 032-PA-V3 File #: 267745 VERIFICATION Samir Erian, hereby states thaoshe is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that ae is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best 6,Rher 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. Name: Samir Erian DATE:02/13/2012 Title: Vice President Loan Documentation 032-PA-V3 File#: 267745 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff THE F' Jody S Smith ^n Chief Deputy _ ,,r, Richard W Stewart CU113- E tSLAQ C W-iTY Solicitor F E ,'l h S "; L 'A'IN ! A US Bank National Association Case Number vs. 2012-1365 Stephanie L. Hamilton (et al.) SHERIFF'S RETURN OF SERVICE 03/0712012 10:48 AM - William Cline, Corporal, who being duly sworn according to law, states that on March 7, 2012 at 1048 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy J. Hamilton, by making known unto himself personally, at Turner Hydraulics, Inc., 1605 Industrial Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Request for service at 86 Beetem Hollow Road, Newville, Pennsylvania 17241 is currently for sale. Deputies were advised the residence is vacant, but Timothy J. Hamilton may be living in a recreational vehicle on this property. WILLIAM CLINE, DEPUTY 03/07/2012 10:07 AM - William Cline, Corporal, who being duly sworn according to law, states that on March 7, 2012 at 1000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stephanie L. Hamilton, by making known unto herself personally, at 10 W. High Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 86 Beetem Hollow Road, Newville, Pennsylvania 17241 is currently for sale. Stephanie L. Hamilton no longer resides at 86 Beetem Hollow Road, Newville, Pennsylvania 17241. WILLIAM CLINE. DEPUTY 03/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stephanie L. Hamilton, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Stephanie L. Hamilton. Request for service at 4 W. Main Street, Apartment 1, Walnut Bottom, Pennsylvania 17241 is vacant. 03/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Timothy J. Hamilton, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Timothy J. Hamilton. Request for service at 4 W. Main Street, Apartment 1, Walnut Bottom, Pennsylvania 17241 is vacant. SHERIFF COST: $122.00 March 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ''"?r..u 5?ite ShE f le:^a5?'l. Inc. PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BAND NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQ1 VS. STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 12-1365 ? E N) m p n,, =dT ?.. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against STEPHANIE L. HAMILT N and TIMOTHY J. HAMILTON, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged' premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $124,167.21 $124,167.21 I hereby certify that (1) the Defendants' last known addresses are 86 BEETEM HOLLOWROAD, NEWVILLE, PA 17241-9541, 10 W HIGH STREET, CARLISLE, PA 17013-2922, and 1605 INDUSTRIAL DRIVE, CARLISLE, PA 17013-9615, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. 41&,50 Pp A7ri/ Date Oy 191is? shwood, Esquire e* oti75&59 M tthe B cX6 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATEjPO*T'ARY_ DATE: pHs # 267745 267745 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQ1 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON : No. 12-1365 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEPHANIE L. HAMILTON is over 18 years of age and resides at 816 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241-9541 and 10 W HIGH STREET, CARLISLE, PA 17013-2922. (c) that defendant TIMOTHY J. HAMILTON is over 18 years of age and resides at 86 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241-9541 and 1605 INDUSTRIAL DRIVE, CARLISLE, PA 17013-9615. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date a Lpo- 9)? _ Matthe B shwood, Esquire Attorney or Plaintiff 267745 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007-EQI Plaintiff V. STEPHANIE, L. HA.Mf1.TON TIMOTHY J. HAMILTON Defendants TO: STEPHANIE L. HAMILTON 86 BEETEM HOLLOW ROAD NEWVILLE, PA 172 I-9 41 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1365 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE 1.S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WI'T'HIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR. PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (71.7)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-31.66 By. _ T._...... _.... _._._- It/1?? e nishwood„ Esquire At it i'mey for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 26774.5 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- `CHROUCrH CERTIFICATES, SERIES 2007-FQ 1 Plaintiff V. STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON Defendants TO: TIMOTHY J. HAMILTON 86 BEETFM HOLLOW ROAD NEWVILLE,PA 17? 1-°541 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1365 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIl N AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE, CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (71.7) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (71.7)249-3166 By: _ Nk ittIic Brushwood, Esquire At icy for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite. 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 4 267745 US BANK NATIONAL ASSOCIATION, AS 'TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007-EQ1 Plaintiff STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON Defendants TO: STEPHANIE L. HAMILTON 10 W HIGH ST CARLISLE, PA 170`- .. DATE O NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1365 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IIEREINT, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUF,D TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR. OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WI'T'HIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPOR'T'ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A. REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Olia h wood, Esquire A110111L,y for Plaintiff Phelan Hallinan & Schmieg, LLP 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 267745 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007-EQ1 Plaintiff V. STEPHANIE .L. HAMILTON TIMOTHY J. HAMILTON Defendants TO. TIMOTHY J. HAMILTON 1605 INDUSTRIAL DR CARLISLE, PA 17013- 61 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1365 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE, IN BANKRUPTCY, THIS CORRESPONDENCE. IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AISLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 --? 1(71171)1249-31166 By. _ Matth w "shwood, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 207745 (Rule of Civil Procedure No. 236) - Revised US BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION COURT OF COMMON PLEAS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQ1 CIVIL DIVISION VS. STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON : No. 12-1365 Notice is given that a Judgment in the above captioned matter has been entered against you on 5 A? q ha B: t^AO If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS EIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PR VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY** 267745 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1365 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATIONS, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-EQ1 Plaintiff (s) From STEPHANIE L. HAMILTON, TIMOTHY J. HAMILTON (1) You are directed to lery upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $124,167.21 L.L.: $.50 Interest FROM 5/25/2012 TO DATE OF SALE ($20.41 PER DIEM) - $3,979.95 Atty's Comm: % Due Prothy: $2.25 Atty Paid: 273.25 Other Costs: Plaintiff Paid: Date: 8/15/2012 -- .. -- 11 D David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQl Plaintiff v STEPHANIE L. HAMII~TON TIMOTHY J. HAMILTON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/25/2012 to Date of Sale ($20.41 per diem) COURT OF CIVIL DIVISION N0.:12-1365 CUMBERLAND $124,167.21 3 979.95 t-~ C cn ~„ -G Gti' ~_ ~y -.~ TOTAL $128,147.16 an Ha nan & Schmieg, LLP rushwood, Esq., Id. No.310592 Attorney for Plaintiff Note: Please attach description of property. PHS # 267745 S p~n~l ~a~ , 5~~1 a~ 1~?. Dd ~~ I~.Soa« ~~s, ~, ~a~3. "~ S ~~. ~. ~~' Sv LU e~-~ ~a~s93s ~,# a~9 ~ ~ w<<+~ ~~ C 0 c~ PLEAS ~; ~~4 ~m ~~ ~~ y'n c~-~ ~~ a ~, A :. -~_ w~ o~ ~~ a ~' a~ Oa ~H O~ O~ ~~ O~ UW ~~ U H V~ ~W w~Q C/~ C N A~ ~v F7 ~a wW WV a~ Ho ~~ o~ ~a U rW V 0 ~~ da z~ O~~ z ~" O a" pp~~ PQ a ~O ~ ~v r .-. ~' ..a~aQ, aHQ ~a v, a .~ w~a ~xw ~,~a 3 ~ w a ~ ,,, w a, ~ w V~ oc Z cn ~• U H oo Z 0 H V ~~ z 00 w~ w ~ ©~ a F. H ~ ., a b G° o ~' v ~.-, ~~Ca (s+ W o ~~ F~ v~ F a ,,,\'R ~V N rn 0 M O az 3 .~ ;w r ^v ~ i ©•~. 3 ~~ y~a ,~`° ~. 3 ,~, a~ o M ~ Q z ,~ M a A o x~a ~ a ~~ o ~~ 0 Q [-+ ~ U LEGAL DESCRIPTION ALL THAT CERTAIN two (2) lots or parcels of ground situate in Penn Township Cumberland County, Pennsylvania, bounded and described in accordance with a Plan titled'Minor Subdivision Plan for John ~ Kuntz', prepared by Eric L. Diffenbaugh R. P. L. S. dated July 14, 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 78, Page 6, as follows: Tract No. 1: BEGINNING at a point in the right-of--way line of Beetem Hollow Road at a railroad spike at corner of 1 nds now or formerly of Lester Sensenig, et ux.; thence along Beetem Hollow Road, South 31 degrees 59 min tes 16 seconds East 26.82 feet to a point; thence along Lot No. 2 on the aforementioned Plan, South 36 degr s 47 minutes 19 seconds West 231.17 feet through a concrete monument to an iron pin; thence continuing along Lot No. 2, South 36 degrees 40 minutes 14 seconds East 233.44 feet to an iron pin; thence along P cel B on the aforementioned Plan, South 62 degrees 33 minutes 38 seconds West 125.28 feet to an iron pin; thence along Lot No. 1 on the aforementioned Plan, being Tract No. 2 herein, North 33 degrees 29 minut s 08 seconds West 206.42 feet to a railroad spike; thence along and through an existing paved driveway al g lands now or formerly of Lester Sensenig, et ux., North 36 degrees 47 minutes 19 seconds East 350.49 fe t to a railroad spike, the Place of BEGINNING. CONTAINING 0.7627 acre, more or less, and designated as Pazcel A on the aforementioned Minor Subdivision Plan for John W. Kuntz. Tract No. 2: BEGINNING at an iron pin at the southeast corner of Parcel 'A' on the aforementioned Plan, being Tract o. 1 herein; thence along Pareel'B' on the aforementioned Plan, South 56 degrees 45 minutes 48 seconds W st 193.21 feet to an iron pin in line of land now or formerly of Keith W. Thompson, et ux.; thence by said 1 d now or formerly of Keith W. Thompson, et ux. North 32 degrees 37 minutes 04 seconds West 148.93 fee to a corner post in line of land now or formerly of Lester Sensenig, et ux.; thence by said land now or forme ly of Lester Sensenig, et ux. North 39 minutes 59 minutes 10 seconds East 199.18 feet to an iron pin at southwest corner of Parcel 'A' on the aforementioned Plan, being Tract No. 1 herein; thence by said Parc 1 'A', Tract No. 1 herein South 33 degrees 29 minutes 08 seconds East 206.42 feet to an iron pin; the Place f BEGINNING. CONTAINING 0.7827 acre, more or less, and being designated as Lot No. 1 on the aforementioned Subdivision plan for John W. Kuntz. TITLE TO SAID PREMISES VESTED IN Timothy J. Hamilton and Stephanie L. Hamilton, h/w, by Deed from Rick L. Burkholder and Carol A. Burkholder, h/w, dated 12/06/2006, recorded 12/07/2006 in Book 277, Page 4522. PREMISES BEING: 86 BEETEM HOLLOW ROAD, NEWVII~LE, PA 17241-9541 PARCEL N0.31-12-0330-023 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~,.±4 ~u~~k 1' iC E~ ~ a~~ ~~~r~o~o~~~ r X012 AUG i 5 AM I t ~ 09 CUt ~~.At~fl Gfl~NTY US BANK NATIONAL ASSOCIATION, AS TRU NSA STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- EQ1 Plaintiff v. STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMM N PLEAS CIVIL DIVISION N0.:12-1365 CUMBERLAND C NTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn authorities. By: lan an & Schmieg, LLP Matt shwood, Esq., Id. No.310592 Attorney for Plaintiff 13 to US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES- -, _ -- ~ CORPORATION MORTGAGE P~~~ M NOTAF~'~l CERTIFICATES, SERIES 2007-E Plaintiff ~~} j 1 ~~~, ~ ~ AM 1 ~ ~ ~ ~ v. ~UMB~RLAND COUNTY ~~NNSYLyANlA STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON Defendant(s) COURT OF COMMON. PLEAS CIVIL DIVISION N0.:12-1365 CUMBERLAND . PHS # 267745 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORD( MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQl, Plaintiff in the above action, by the undersigned sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property 86 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241-9541. Name and address of Owner(s) or reputed Owner(s): Name STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 86 BEETEM HOLLOW ROAD NEWVILLE, PA 17241-9541 10 W HIGH ST CARLISLE, PA 17013-2922 86 BEETEM HOLLOW ROAD NEWVILLE, PA 17241-9541 1605 INDUSTRIAL DR CARLISLE, PA 17013-9615 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to Name Address (if address cannot be reasonably ascertained, please indicate) Discover Bank DISCOVER BANK C/O JAMES C. WARMBRODT, ESQ. 6500 New Albany Road Albany, OH 43054 436 SEVENTH AVENUE SUITE 1400 PITTSBURGH, PA 15219-1827 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) TION at sold: None. ~ 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT by the may 86 BEETEM HOLLOW ROAD NEWVILLE, PA 17241-9541 STEPHANIE L. HAMILTON C/O NATHAN C. 10 W HIGH STREET WOLF, ESQ. CARLISLE, PA 17013-2922 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my persona knowledge or information and belief. I understand that false statements herein are made subject to th penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to„authorities. Date: ~~ Y)~ By: & Schmieg, LLP god, Esq., Id. No.310592 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON F LEAS STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES CIVIL DIVISION 2007-EQl NO.• 12-1365 Plaintiff vs. CUMBERLAND COUN Y _ ~ STEPHANIE L. HAMILTON ~ N ._ ~. ...i.. "• Y7 TIMOTHY J. HAMILTON ~ ~ ~ L.=~. Defendant(s) ~ ~ ~ N r-- .._. ~ r'' .- ~ ~ rs ~ ,~ ~~ ' S SALE OF REAL PROPERTY Z . NOTICE OF SHERIFF , c ~ ~~ TO: STEPHANIE L. HAMILTON STEPHANIE L. HAMILTON ~ ~ 10 W HIGH ST TIMOTHY J. HAMILTON ~ CARLISLE, PA 17013-2922 86 BEETEM HOLLOW ROAD NEWVILLE, PA 17241-9541 TIMOTHY J. HAMILTON 1605 INDUSTRIAL DR CARLISLE, PA 17013-9615 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DLSCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 86 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241-9541 is heduled to be sold at the SherifFs Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, So th Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $124,167.21 obtained by US B K NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQl (them rtgagee) against you. In the event the sale is continued, an announcement will be made at said sale in complian a with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 zl 30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find ut the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate c mpared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find ut if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope y as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the heriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule f distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. T'he money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immed ately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-1365 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQ1 vs. STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON owner(s) of property situate in PENN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 86 BEETEM HOLLOW ROAD, NEWVILLE. PA 17241-9541 Parcel No. 31-12-0330-023 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $124,167.21 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN two (2) lots or parcels of ground situate in Penn Township Cumberland County, Pennsylvania, bounded and described in accordance with a Plan titled'Minor Subdivision Plan for John W. Kuntz', prepared by Eric L. Diffenbaugh R. P. L. S. dated July 14, 1998 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 78, Page 6, as follows: Tract No. 1: BEGINNING at a point in the right-of--way line of Beetem Hollow Road at a railroad spike at corner of 1 now or formerly of Lester Sensenig, et ux.; thence along Beetem Hollow Road, South 31 degrees 59 mn 16 seconds East 26.82 feet to a point; thence along Lot No. 2 on the aforementioned Plan, South 36 degr 47 minutes 19 seconds West 231.17 feet through a concrete monument to an iron pin; thence continuing along Lot No. 2, South 36 degrees 40 minutes 14 seconds East 233.44 feet to an iron pin; thence along P B on the aforementioned Plan, South 62 degrees 33 minutes 38 seconds West 125.28 feet to an iron pin; thence along Lot No. 1 on the aforementioned Plan, being Tract No. 2 herein, North 33 degrees 29 minu 08 seconds West 206.42 feet to a railroad spike; thence along and through an existing paved driveway al lands now or formerly of Lester Sensenig, et ux., North 36 degrees 47 minutes 19 seconds East 350.49 f a railroad spike, the Place of BEGINNING. CONTAINING 0.7627 acre, more or less, and designated as Parcel A on the aforementioned Minor Subdivision Plan for John W. Kuntz. Tract No. 2: BEGINNING at an iron pin at the southeast corner of Parcel 'A' on the aforementioned Plan, being Tract N 1 herein; thence along Parcel'B' on the aforementioned Plan, South 56 degrees 45 minutes 48 seconds Wes 193.21 feet to an iron pin in line of land now or formerly of Keith W. Thompson, et ux.; thence by said lane now or formerly of Keith W. Thompson, et ux. North 32 degrees 37 minutes 04 seconds West 148.93 feet 1 a corner post in line of land now or formerly of Lester Sensenig, et ux.; thence by said land now or formerl of Lester Sensenig, et ux. North 39 minutes 59 minutes 10 seconds East 199.18 feet to an iron pin at southwest corner of Parcel'A' on the aforementioned Plan, being Tract No. 1 herein; thence by said Parcel 'A', Tract No. 1 herein South 33 degrees 29 minutes 08 seconds East 206.42 feet to an iron pin; the Place of BEGINNING. CONTAINING 0.7827 acre, more or less, and being designated as Lot No. 1 on the aforementioned Subdivision plan for John W. Kuntz. TITLE TO SAID PREMISES VESTED IN Timothy J. Hamilton and Stephanie L. Hamilton, h/w, by Deed from Rick L. Burkholder and Carol A. Burkholder, h/w, dated 12/06/2006, recorded 12/07/2006 in Book 277, Page 4522. PREMISES BEING: 86 BEETEM HOLLOW ROAD, NEWVII.LE, PA 17241-9541 PARCEL N0.31-12-0330-023 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~. ;' a ~ ~,`?_;'~' ! ~ ~ ~: 1.10 Attorney for Plaintiff ..:.P~~a~, Y~."~~lA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE COURT OF COMMON PLEAS PASS-THROUGH CERTIFICATES, SERIES 2007- EQ1 CIVIL DIVISION Plaintiff, _ v. STEPHANIE L. HAMILTON TIMOTHY J. HAMILTON Defendant(s) No.: 12-1365 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is at ed he o Exhi ". Melissa J. Cantwell, Esquire NOV 16 2012 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the ylaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 267745 L ~. ~ W 170 ..q ~ tl 11 i - ~ N r+ ~ g ~ • • . • 7 " a • s . * s ~ 's : w w s * s • s ' i , ~ : ~ ~ ~. 8 ~ ~ m~ ~ z~~ ~1 ~~ ~ X ~ ~ --~'1t "d n. 711 ~s ~ ~ ~'' a.~ b~ to 'D S 3 ~ ~ ~ a;~ w' ~ ~ ~~gi77 ;.~ ~ ty ~ $.. " 7j r ~ ~j ~ "7 O r1 ~ ~. >~' ~ ~. M ~~ ~ ~~. ~ n f+ ~ ~ ~ Ap L7~ffi ~. ~ > r ..,7 ~ ~.~ ~ ~ uJr~ ~ s r ~~ C ~ ~ c w ~ ~ ,T~,~ a Q ° ,fir ` ~i ~t _ ^' {y'~'~, r+ A ' g ~'Siy6 r N ~ M ~" ~ 1 ~ C ~Y x r ~' ° ~~ ~ ~ b b y ~ ~ ~ i ,y ti ro ~ G y '~ a G ~ a ~ o ~ ~ c .~ a. ~1 ~~~ ~ _ ~ ~ ~ ~ `t O W yp~. AA N ~ Os ~ ~ - ~ ~ ~ M a ~ { ~ _ ~S o ~ ~ ~- ~ e, ~ c ~ ~ ~.~ ~~~~ n ~. •~ R' ~~ . ~gg. ~y ~ ~ ~ ~ ~~ x ~ 4 48 !. 3F,i~3~dZ Yrt?L~ ~ r . , ~ ~ ~ ~ ~ a ~ ~ ~ o u, g • ~ ~~~ t+t~ ~ 9SZCLZ1tb4~k `~ ~, ~ ~: t4 ~ g $ :~oa.aw,....~.. ~~ . '~- ~ - ~, ~g3~•~ ,.. _~ t , ~ ~~ ~ A Q. m -ni 4 ~'. ~ ~_ `Li ~ ~~ ~~~~ .., ~ !s w C ~r S a 3 1 i a f AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION PHS # 267745 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- EQl DEFENDANT SERVICE TEAM/ lxh '~? -~ ~ ^.a STEPHANIE L. HAMILTON COURT NO.: 12-1365 ~~~ ~ TIMOTHY J. HAMILTON ;,~~ ~ V7 SERVE STEPHANIE L. HAMILTON AT: TYPE OF ACTION ~ ~ W 10 W HIGH ST XX Notice of Sheriff s Sale < ~ CARLISLE, PA 17013-2922 SALE DATE: December 5, 201~'c`~ 2~. ~ ~ a SERVED ~` d ' ~ --~t ti r g Served and made known to STEPHANIE L. HAMILTON, Defendant on the . ay of SEp ~ h RF~O j_2 .~, at SD o'clock ~ M., at C.uM ~~t ~ n . ny, in the manner described below: • Defendant personally served. 5. µ,~aov~. ST, G~ a1,~se,~, p~ ~ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ ManageriClerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: ~~: _.~ t"`i ~:_ ~' -~.. -~-; ~::r `7"7 ~~. Description: Ag`1e~ ~ b ab ~ Height Jr'~" _ Weight I `~ Race (/~ Sex ~ Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ ~~~.r !S /~O /""~ °l ~6 ~ ~ON~ Ern PLo~faD~~,1Qv11:'a . DATE: ~1_, tNd~,~Gl4T~d~ ~'` -- Df SC~s~ .Y.t,M,,j M~ PRINTED NAME: RGnald MO(1 I~kM! 1.T~N NO+v 1 b ~ puy~ ' ~'~ ~u~AtEu~rp Ca~,,,r~ TITLE: Process Server ~baRT I.~,,,~fc . NOT SERVED On the day of , 20_, at o'clock - M., I, , a competent adult hereby state that DefendanLROT FOIINDTecause: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: r n I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to, itysworn `~ falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 946'LO Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 i~