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HomeMy WebLinkAbout12-5084 _r____ C~~' i NE PrcQT1~ONOfiA,R`r ~~11 AUK ! 6 RM 10~ 4 l CtlI~~ERLAkD COUNTY P NNSYLVANIA PHELAN HALLINAN & SCHIVIIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK COURT OF COMMON PLEAS 824 NORTH MARKET STREET SUITE 100 CIVIL DIVISION WILMINGTON, DE 19801 TERM Plaintiff / ' ~ V L No. I pZ- sv g ~ ESTHER G. ARMSTRONG, IN HER CAPACITY AS CUMBERLAND COUNTY EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF 54 WEST I STREET CARLISLE, PA 17013 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File 263962 ~1 Q .7S Pd ~ ~q~{o5 _ _ _ _ _ _ ~ 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 263962 _ _ ~ 1. Plaintiff is SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK 824 NORTH MARKET STREET SUITE 100 WILMINGTON, DE 19801 2. The name(s) and last known address(es) of the Defendant(s) are: ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF 54 WEST I STREET CARLISLE, PA 17013 who is/are the real owner(s) of the property hereinafter described. 3. On 07/30/2008 TIMOTHY L. SHOFF made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200825993 The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2010 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 263962 - ~ by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 04/20/2012: Principal Balance $114,397.84 Interest $13,442.28 09/01/2010 through 04/20/2012 Late Charges $757.15 Property Inspections $165.60 Property Preservation $137.00 Mortgage Insurance Premium / $75.45 Private Mortgage Insurance Escrow Deficit 3 660.00 TOTAL $132,635.32 7. 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. 8. The mortgage premises are vacant and abandoned. 9. Mortgagor TIMOTHY L. SHOFF died on 01/30/2009, leaving a Will dated 01/29/2009. Letters Testamentary were granted to ESTHER G. ARMSTRONG on 02/09/2'009 in CUMBERLAND COUNTY, No. 21-09-0141. Decedent's devisee(s) are WAlvTDA K. SHOWERS, SCOTT A. SHOWERS, and JESSE L. SHOWERS. 10. By executed waiver(s), WANDA K. SHOWERS, SCOTT A. SHOWERS, and JESSE L. SHOWERS waived their right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit" A File 263962 - _ ~ . I 11. Plaintiff does not hold the named Defendant(s), ESTHER G. ARMSTRONG, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $132,635.32, 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. PHELAN HALLIN HMIEG, LLP By: Allison lls, Esquire Attorney for Plaintiff File 263962 ~I I Exhibit "A" _ r _ T ~ . Y WAIVER BY HEIR OF RIGHT TO BE NAMED i AS A DEFENDANT IN FORECLOSURE ACTION I, Wanda K. Showers, Devisee of the Estate of Timothy L. Shoff, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by Sovereign Bank involving a mortgage secured on premises 805 Sandban1c Road, Mount Holly Springs, PA 17065, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: I Wanda K. Showers ' ee Of the Estate of Timothy L. Shoff I _ _ _ T _ i ~ WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Scott A. Showers, Devisee of the Estate of Timothy L. Shoff, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action. which may be instituted by Sovereign Bank involving a mortgage secured on premises 805 Sandbank Road, Mount Holly Springs, PA 17065, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. !oZ Date: ~ [ ~ l~ Scott A. , Devisee Of the Estate of Timothy L. Shoff ~~~w5 i : ~ ~I V WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Jesse L. Showers, Devisee of the Estate of Timothy L. Shoff, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by Sovereign Bank involving a mortgage secured on premises 805 Sandbarilt Road, Mount Holly Springs, PA 17065, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: ~ Z Je L. Skew, Devisee O the Estate of Timothy L. Shoff Shdw,~s . LEGAL DESCRIPTION ALL THAT CERTAIN SMALL TRACT OF LAND WITH IMPROVEMENTS ERECTED THEREON; SITUATE IN THE TOWNSHIP OF DICKINSON, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTER OF THE COLD SPRING Road AT THE CORNER OF THE LAND HEREIN DESCRIBED AND LAND NOW OR LATE OF DONALD DEWALT; THENCE ALONG THE COLD SPRING Road South 87 DEGREES West 119 FEET TO A POINT IN THE SAID Road AND AT LINE OF LAND NOW OR LATE OF CHARLES SANNO; THENCE BY THE LATTER LAND South 3 DEGREES East 25 FEET TO A POINT AT CORNER OF LAND NOW OR LATE OF CHARLES SANNO; THENCE BY THE SAME South 87 DEGREES West 35 FEET TO A CORNER; THENCE STILL BY THE LAND NOW OR LATE OF CHARLES SANNO South 3 DEGREES East 316 FOOT TO A CORNER, AT LAND NOW OR LATE OF CHARLES SANNO; THENCE CONTINUING ALONG THE SAME LAND North 87 DEGREES East 25 FEET, MORE OR LESS, TO THE LINE OF THE LAND LATE OF DONALD DEWALT; THENCE ALONG THE LINE OF THE LATTER LAND North 20 DEGREES East 371 FEET, MORE OR LESS, TO A PDINT IN THE CENTER OF THE COLD SPRING Road, THE POINT AND PLACE OF BEGINNING. PARCEL N0.08-32-2332-004 PROPERTY ADDRESS: 805 SANDBANK ROAD A/K/A, 803-805 SANDBANK ROA®, MOUNT HOLLY SFRINGS, PA 17065-1107 PARCEL # 08-3Z-Z332-004 08-32-2332-004./02 File 2b39b2 _ _ _ _ _ _ f ICI t I VERIFICATION ' So ~e ,hereby states that he/she is I'Orerjasu.rr ~minisfrr~70rof SOVEREIG BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK, Plaintiff in this matter, that he/she 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 of his/her 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: q{her D ~ (e DATE: ~ I ~ Y Title: I"nrecloSUre ~~m~ni 6+~a ol~' SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK • File#: 263962 Name: ARMSTRONG File 263962 ' IN THE COURT OF COMMON P EAS SOVEREIGN BANK, N.A. FORMERLY KNOWN AS of cuMSERLAND coUN , SOVEREIGN BANK PENNSYLVANIA 824 NORTH MARKET STREET SUITE 100 ~ WILMINGTON, DE 19801 ~ cn r'- z 2> rn c3 Plaintiff(s) ~ ~ ~ T~h ~ vs. ~ © ~ r~ DC -~n~ ~ ~ ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF ~ 54 WEST I STREET CARLISLE, PA 17013 Defendant(s) la~Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own. and live in the residential property which is the subject of this foreclosure action, you may be ab a to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services t (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative t not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal represen tive within twenty (20) days of the appointment date. During that meeting, you must provide the legal reprr~sentative wit all the requested financial information so that a loan resolution proposal can be prepazed on your behalf. If you and you legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and ile a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (610) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, .you will hav an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your ender before the mortgage foreclosure suit proceeds forwazd. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible f r a conciliation conference. It is not necessazy for you to contact MidPenn Legal Service for the appointment of a legs representative. However, you must provide your lawyer with all the requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a fmancial worksheet in the fo at attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must e filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forwar , IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Signature o~) e for Plaintiff _ a -T Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstance to determine possible options while working with your .Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default• r~ i Is the loan in Bankruptcy? Yes ? No ? II'~ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats, motorc cY lesl: Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ment(s) Condo/Nei .Fees Auto Insurance Med. (not covered Auto fueUre airs Other ro a ment Install. Loan Pa ment Cable TV Child Su rt/Alim. S endin Mone Day/Child Care/Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? ~ - _r I ~I ' ~ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? ' If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we ~ - _ i . ' ' am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting .documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Sovereign Bank vs. Esther G. Armstrong 1HE PROTHQH0ifk- . 2912 SEP -6 AM 10: 12 EIIFIE LAND COUNTY 51 LTANIA Case Number 2012-5084 SHERIFF'S RETURN OF SERVICE 08/21/2012 09:18IPM - Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligemt search and inquiry for the within named defendant to wit: Esther G. Armstrong, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Re idential Mortgage Foreclosure Diversion Program as not found as to the defendant Esther G. Arms;rong. Request for service at 805 Sandbank Road, Mount Holly Springs, Pennsylvania 17065 is vacant. Esther G. Armstrong currently resides at 54 W. I Street, Carlisle, Pennsylvania 17013. 08/24/2012 07:57, PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on August 24, 2012 at 1957 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Esthr G. Armstrong, by making known unto herself personally, at 54 W. I 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. A HALL, EPLITY SHERIFF COST: $45.50 August 29, 2012 SO ANSWERS,' RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. PHELAN HALLINAN & SCHMIEG, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK VS. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Attorney for Plaintiff CUMBERLAND COUNTY -, .a COURT OF COMMON PLEAix;+ CIVIL DIVISION - ° No. 12-5084-CIVIL -' _ " ?4J 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 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF, Defendant 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 $132,635.32 $132,635.32 I hereby certify that (1) the Defendant's last known addresses are 805 SANDBANK ROAD A/K/A, 803-805 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1107 and 54 WEST I STREET, CARLISLE, PA 17013, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date w Z nathan Lobb, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ ioaDl ??- r,j.% PROTHONOTARY 263962 P ILJ? S? ` V 4- 3 PHELAN HALLINAN & SCHMIEG, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK VS. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-5084-CIVIL 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 Plaintiff is without information sufficient to determine whether the defendant ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF is over 18 years of age and resides at 805 SANDBANK ROAD A/K/A, 803-805 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1107 and 54 WEST I STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date / `J / nathan Lobb, Esquire Attorney for Plaintiff 263962 (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK VS. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-5084-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ?„ ++ ?? By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Jonathan Lobb, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** 263962 SOVEREIGN BANK, N.A. FORMERLY KNOWN COURT OF COMMON PLEAS AS SOVEREIGN BANK CIVIL DIVISION Plaintiff v- NO. 12-5084-CIVIL ESTHER G. ARMSTRONG, IN FIER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. CUMBERLAND :COUNTY SHOFF Defendant(s) TO: ESTHER G. ARMSTRONG, INIIER CAPACITY AS EXECUTRIX OF THE ESTATE OF TLMOTHY L. SHOFF 805 SANDBANK ROAD AIKIA, 803-805 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA I"'m5,t 107 DATE OF NOTICE: t THIS FIRM IS A DEBT COLLECTOR ATTEMPTIING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDF.B'TgDNBSS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU W111. 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 PROPFRTY. I1P--QE I d&j NUTIC E YOU ARF IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT HN APPEARANCE PERSONALLY OR BY ATTORNEY AND F[I.E IN WRITING WITH THE COUW17 YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FOR'171 AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICF, 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 BEI OW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRI 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 FEF OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6145 CUMBERLAND COUNTY BAR ASSOCIA'T'ION Ct WRIW1] COUNTY COURTHOUSE 2 T?7I'1 Y AVENUE S" I I , PA 17013 7)249-3166 6 By. Ro 4t1,:e, . Phelan I'Itiftfum & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Pcnn Center Plaza Philadelphia, PA 19103 PHS # 263%2 SOVEREIGN BANK, N.A. FORMERLY KNOWN COURT OF COMMON PLEAS AS SOVEREIGN BANK CIVIL DIVISION Plaintiff NO. 12--5094-CT", V. ESTHE,R G. ARMSTRONG, IN HER CAPACITY AS CUMBERLAND COUNTY EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Defendant(s) TO: ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF 54 WEST I ma.''T CARLISLE, PA 17013 r DATE OF NOTICE:........ . THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SINT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WII.1. 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 IMPORTANTRIGHTS. 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 01T EM LEGAL SERVICES TO ELIGIBLE PERSONS AT A.REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County C".ouzthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR "SIIC"T; TION C't':+9B I .NI)(-'OE}IN`1 Y COURTHOUSE 2 LI1f. ' tTY AVENUE I-'. ..`i E PA 17013 7) 249-3166 By' Robert t k, Esquire Attorney F?taoir riff Phelan Hallinan & Schmieg, LI.P 1617 JF'K Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 263962 SOVEREIGN BANK, N.A. FORM-ELY KNOWN AS COURT OF COMMON PLEAS SOVEREIGN BANK CIVIL DIVISION Plaintiff V. NO. 12-5084-CIVIL ESTHER G. ARMSTRONG, 2; HER CAPACITY AS EXECUTRIX OF THE ESTATE M TIMOTHY L. CUMBERLAND COUNTY S14OFF Defendant(s) TO: ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY I,. SH?OFT' CIO PAUL BRADFORD ORR, FSQUJR 50 FAST HIC,I-I STREET CARLISLE'. PA 17013, . 'V' DATE OF NOTICE:. THIS FIRM 10, 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 AT'T'ORNEY AND FIIY, IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM T14F 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 I.EGAI. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717)240-6145 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE -' I tI IFRTY AVENUE ff CAARI.I,' F, PA 17013 i t 11 - r 249-3166 By; _w..w-.-1--.... Robert. C e 'kquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS #263962 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff v. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/23/2012 to Date of Sale ($21.80 per diem) TOTAL COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-5084-CIVIL CUMBERLAND COUNTY $132,635.32 ; ~. ~="' ~- 2 943.00 k,-,i~ ' _' _ c,T, ~__, :~:_° _..: ~~• ~ - ~ ~, , $135,578.32 ~"' ~. = ~ ~ r-~ .. ; ~ ..,, . m~ c_; `. ~' Phela allinan & S Allison Attorney for Plaintiff Note: Please attach description of property. PHS # 263962 Q. ~ • SU "" ys.so «„ ~d3.~s ~.sou« o ~, „ a. S . ~~ . ~- ~. ~~, ~s ~, saw ~,~.~ ~ a~8~ ay No.309519 z~z Od ~~ W ~" a ~' a Oa ~H 0 ov ~d O~ ~~ ~U Cz~7 O d O a O d z z ~ '~ ~a 0 v~ > a H H w O w F N W H w >C U W w Q U d U W z z O d C7 ~~Q wx O w 0 H ~~ 3w O~ w °° W o ~~ a ~v 8 a~ c~ a 3 w Q U pQ U ~w x0 ~Q ~N z~ w H~xwE-~o ~w~~~ Q~NHa Ha ~~~~~_ x~~~~ ~x~~.Q W W F-'v~U a~ a~ tic o ~z ~~ ~~ ~w .~ '~ C v a .~ 3 g x w ;, ~o w¢¢ LEGAL DESCRIPTION ALL THAT CERTAIN small tract of land with improvements erected thereon, situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and describes as follows, to wit: RR('TTNNTNCT at a mint in the center of the Cold Spring Road at the corner of the land herein described and land now or late of Donald Dewalt; thence along the Cold Spring Road South 87 degrees West 119 feet to a point in the said road and at line of land now or late of Charles Sanno; thence by the latter land South 3 degrees East 25 feet to a point at corner of land now or late of Charles Sanno; thence by the same South 87 degrees West 35 feet to a corner; thence still by the land now or late of Charles Sanno South 3 degrees East 316 feet to a corner at land now or late of Charles Sanno; thence continuing along the same land North 87 degrees East 25 feet, more or less, to the line of the land late of Donald Dewalt; thence along the line of the latter land North 20 degrees East 371 feet, more or less, to a point in the center of the Cold Spring Road, the point and place of BEGINNING. CONTAINING 3/4 acre, more or less. TITLE TO SAID PREMISES VESTED IN Timothy L. Shoff, single man, by Deed from Sylvia M. Horn, widow, dated 07/25/2008, recorded 07/31/2008 in Instrument Number 200825992. Mortgagor TIMOTHY L. SHOFF died on 01/30/2009, leaving a Will dated 01/29/2009. Letters Testamentary were granted to ESTHER G. ARMSTRONG on 02/09/2009 in CUMBERLAND COUNTY, No. 21-09-0141. Decedent's devisee(s) are WANDA K. SHOWERS, SCOTT A. SHOWERS, and JESSE L. SHOWERS. By executed waiver(s), WANDA K. SHOWERS, SCOTT A. SHOWERS, and JESSE L. SHOWERS waived their right to be named as a defendant in the foreclosure action. PREMISES BEING: 805 SANDBANK ROAD A/K/A, 803-805 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1107 PARCEL NO.08-32-2332-004, OS-32-2332-004J02 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 _ : -, ~ _ 1617 JFK Boulevazd, Suite 1400 ~ i ~ ~ ~~ A p One Penn Center Plaza Philadelphia, PA 19103 i~'' ~ `~ ~~~~' ~ ~3 ~~~ ~~'~ 215-563-7000 SOVEREIGN BANK, N.A. FORMERLY ~ ' ~~~REIGN BANK Plaintiff v. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-5084-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises aze not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan ~-1tiwHr~chmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff J L SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff v. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.:12-5084-CIVIL CUMBERLAND COUNTY PHS # 263962 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at SOS SANDBANK ROAD A/K/A, 803-805 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065- 1107. 1 2. 3 Name and address of Owner(s) or reputed Owner(s): Name ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Name and address of Defendant(s) in the judgment: Name ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Address (if address cannot be reasonabty ascertained, please so indicate) 54 WEST I STREET CARLISLE, PA 17013 rv.,., ~ <, ,. ~ e'V _. W ..~_ cn ~`° ~,_ .. Address (if address cannot be reasonably ~' te ~ _ ~_ ~ ~~~ ascertained, please so indicate) r - ~, c..; ~~ r-~ ~ ~y c `~ 54 WEST I STREET ~-- ~~ ;;, cY c~ "~ M~` CARLISLE, PA 17013 ..: = ;~ -~' -- ~ c s . -.; _ , Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) USED CAR DOCTOR/WILLIAM G GORDAN 399 MT VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 4. 5 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT TENANT/OCCUPANT TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 805 SANDBANK ROAD A/K/A 803-805 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1107 803 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1107 805 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1107 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF C/O PAUL BRADFORD ORR, ESQUIRE JESSE L. SHOWERS SCOTT A. SHOWERS WANDA K. SHOWERS DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 50 EAST HIGH STREET CARLISLE, PA 17013 806 FAIRVIEW ROAD CARLISLE, PA 17013 46 CAVE HILL DRIVE CARLISLE, PA 17013 426 SOUTH BALTIMORE AVENUE MT. HOLLY SPRINGS, PA 17065 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 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 personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff N0.:12-50$4-CIVIL vs. ESTHER G. ARMSTRONG, IN HER CAPACITY AS CUMBERLAND COUNTY EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF _ Defendant(s) r_,, --> t~3 ~.4 ~ ~ ...,~ r __., ` ., - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ :`~~ "°~" ~' ~ ~ c_n ?-. ~ y ,4_ " '_°°- ~~ TO: ESTHER G. ARMSTRONG, IN HER ~ ~ ~^; <<~'' ~-- CAPACITY AS EXECUTRIX OF THE ~~, r., w =`-- r , ~ "_. ~- ESTATE OF TIMOTHY L. SHOFF ~~" ~ ~'~~ :~ ~ ~ - 54 WEST I STREET ;~ - CARLISLE, PA 17013 , „ * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII,L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 805 SANDBANK ROAD A/K/A, 803-805 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1107 is scheduled to be sold at the Sheriff s Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,63532 obtained by SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 21230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) { 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may cal1215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepazed by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN small tract of land with improvements erected thereon, situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of the Cold Spring Road at the corner of the land herein described and land now or late of Donald Dewalt; thence along the Cold Spring Road South 87 degrees West 119 feet to a point in the said road and at line of land now or late of Charles Sanno; thence by the latter land South 3 degrees East 25 feet to a point at corner of land now or late of Charles Sanno; thence by the same South 87 degrees West 35 feet to a corner; thence still by the land now or late of Charles Sanno South 3 degrees East 316 feet to a corner at land now or late of Charles Sanno; thence continuing along the same land North 87 degrees East 25 feet, more or less, to the line of the land late of Donald Dewalt; thence along the line of the latter land North 20 degrees East 371 feet, more or less, to a point in the center of the Cold Spring Road, the point and place of BEGINNING. CONTAINING 3/4 acre, more or less. TITLE TO SAID PREMISES VESTED IN Timothy L. Shoff, single man, by Deed from Sylvia M. Horn, widow, dated 07/25/2008, recorded 07/31/2008 in Instrument Number 200825992. Mortgagor TIMOTHY L. SHOFF died on 01/30/2009, leaving a Will dated 01/29/2009. Letters Testamentary were granted to ESTHER G. ARMSTRONG on 02/09/2009 in CUMBERLAND COUNTY, No. 21-09-0141. Decedent's devisee(s) are WANDA K. SHOWERS, SCOTT A. SHOWERS, and JESSE L. SHOWERS. By executed waiver(s), WANDA K. SHOWERS, SCOTT A. SHOWERS, and JESSE L. SHOWERS waived their right to be named as a defendant in the foreclosure action. PREMISES BEING: 805 SANDBANK ROAD A/K/A, 803-805 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1107 PARCEL NO.08-32-2332-004, 08-32-2332-004J02 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-5084-CIVIL SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK vs. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 805 SANDBANK ROAD A/K/A. 803-805 SANDBANK ROAD. MOUNT HOLLY SPRINGS. P,~ 17Q65-.1107 Parcel No. OB-32-2332-Oa4.08-32-2332-004J02 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,635.32 Phelan Hallman & schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-5084 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff (s) From ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF (1) You aze directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $132,635.32 L.L.: $.50 Interest FROM 10/23/2012 TO DATE OF SALE ($21.80 PER DIEM) - $2,943.00 Atty's Comm: Due Prothy: $2.25 Atty Paid: $206.25 Other Costs: Plaintiff Paid: Date: 11/28/12 ~ ~ ~J ~~~~ . JJ(~(„ O David D. Buell, Prothono (Seal) Deputy REQ[JESTINCi PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD. ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 4nr. Phelan Hallinan. LLP;G's`, t`?'°`1f3 Iw?i? i Melissa J. Cantwell. Esq., Id. No.308912 WiTORNEY FOR PLAINTIFF 1617 JFK Boulevard. Suite 1400 1, FEB One Penn Center Plaza Philadelphia. PA 19103 Melissa.Cantwell@phelanhallinan.com 215-563-7000 SOVEREIGN BANK. N.A. FORMERLY KNOWN Court of Common Pleas AS SOVEREIGN BANK Plaintiff Civil Division vs. CUMBERLAND County ESTHER G. ARMSTRONG, IN HER CAPACITY No.: 12-5084-CIVIL AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Defendant MOTION TO MAKE RULE ABSOLUTE. SOVEREIGN BANK, N.A. FORMERLY. KNOWN AS SOVEREIGN BANK, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on January 16, 2013 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 8, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee L. Peck on or about January 23, 2013 directing the Defendant to show cause by February 12, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on February 12, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 263962 Defendant failed to respond or otherwise plead by the Rule Returnable date of February 12. 2013. WHEREFORE. Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant DATE: Plaintiff s Motion to Reassess Damages. elan Hal ' an LLP Lie By: Me issa J. Cantwell, . No.308912 Attorney for Plaintiff 263962 Exhibit "A" 263962 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Ilallinan, LL,P January 8, 2013 Representing Lenders in Pennsylvania and New Jersey PAUL BRADFORD ORR, ESQUIRE, 50 EAST HIGH STREET CARLISLE, PA 17013 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF 54 WEST I STREET CARLISLE, PA 17013 RE: SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK v. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Premises Address: 805 SANDBANK ROAD A/K/A803-805 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND County CCP, No. 12-5084-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 1/14/2013. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. f +?i<itditrr, Lobb, Esq., Id. No.312174 Attorney for Plaintiff 263962 ctQL *go NNyr t$t iectoop 1L?*400 $ cotdt diZ S3MOH A3lV,Ud ?(?,ric?+?? .? (? ? u _O x??w '9 L ?j yGy 'p C1? A T7 ?„ 0 N v M N' Exhibit "B" 263962 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVI RI?1GN BANK, N.A. FORMERLY 1t.NOWN C;our? O'C ,,il mc;i N ox" AS SOVEREIGN 13ANK Plaintiff Civil Division v, CUMBERLAND County ESTIIER G. ARMSTRONG, IN HER CAPACITY No,: 12-5084-CIVIL AS EXE(,'(-.JTRJX OF THE ESTATE OF TIMOT'IIY L. SHOF Defendant RULE r? AND NOW, this- 33 day of 2013, a. Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing; will he scheduled on this matter, BY THE COt_1RT '263962 Jonathan Lobb, Esq., Id. No.312174 Phelan Hallinan, I.L,P 1617 JFK Boulevard, Suite 1400 Philadelphia, PA. 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 PAUL BRADFOR.D ORR, ESQUIRE 50 EASTHIGH STREET CARLISLE, PA 17013 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOT'HY L.. SHOFF 54 WEST I STREET CARLISLE, PA 1.7013 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EX.ECIJTRIX OF THE ESTATE OF TIMOTHY L. SIIOFF 805 SANDBANK ROAD AIK!A 803-805 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1 107 263,962 263962 Exhibit "C" 263962 Phelan Ilallinan, LI_P Melissa. J. C;antwel1, hsq... Id. No.30891 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Melissa.Cantwelliu plielanltallinan.com 215-563 000 SOVEREIGN BANK., N.A. FORMFRLY KNOWN AS SOVEREIGN BANK Plaintiff vs. AT"F'ORNFY FOR PI. AIN'T 111' Ccxart of (`common Pleas Civil Division Ct'MBERLAND Coldly I STHER G. ARNISTR.ONG, IN III1:R CAPACITY No,: 12-50844"WII: AS EXI CUIRIX O HE ESTATI 01 TIMOTHY I.. SHOFF Defendant CERTIFICATION OF SERVICE .1 hereby certify that a true and correct copy of the Court's January 23, 201 > Ride directing the Defendant to show cause as to why Plaintiff's Motion to Reassess 1 }?amat e l3c?uld not be granted was served upon the fOIIoWIng individual can the. date. indicated bclov- PAUL BRADFORD ORR, ESQ1JIRE 50 EAST HIGH STREET. CARLISLE. PA 17013 1"STI1EP. G. ARMSTRONG, IN HER CAPACITY AS EXIICUIRIX OF I HI'. I S'TAJ'1-: OF TIMOTHY F_.. SHOI'F 54 WI..'ST I STRF:EJ.' (:ARI:IS1.,L- PA 17 0 13 DA IF': ES'1 HL R G. AR-ISTRON(i, IN I IER CAPACITY AS EXECUTRIX OF'I I IF-, ESTATE OF T.IMOTI IY L. SHOF'F 805 SANDBANK ROAD A/K/A. 803-805 SANDBANK ROAD MOUNT HOI_.LY SPRINGS, PA 170615-1107 'fic-lan 1 h4inao. 1.1 fl'.... { t By: ` Melissa.). (antwcll, Ll'sq., 1c1. ti'c;, ,08012 Attorney for Plaintiff 639Q Phelan Hallman, LLP Melissa J. Cantwell. Esq.. Id. No.308912 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Melissa. Cantwell@phelanhallinan.com 215-563-7000 SOVEREIGN BANK. N.A. FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff vs. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12-5084-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. PAUL BRADFORD ORR, ESQUIRE 50 EAST HIGH STREET CARLISLE, PA 17013 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF 54 WEST I STREET CARLISLE. PA 17013 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF 805 SANDBANK ROAD A/K/A 803-805 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1107 // ll helan llinan, L P DATE: V ? By: / t Melissa J. Cantwel , sq., Id. No.308912 Attorney for Plaintiff 263962 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff 'LID! 3 FEB 21 AM 10: 15 D[_r,L AND COUNTY I' ""INS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, N.A. FORMERLY KNOWN CUMBERLAND COUNTY AS SOVEREIGN BANK Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ESTHER G. ARMSTRONG, IN HER CAPACITY AS No.: 12-5084-CIVIL EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817 and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h re, o/ ii it "A". Date: Z I'doll ichael Kolesnik, Esq., Id. No.308877 v for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 263962 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS COURT OF COMMON PLEAS SOVEREIGN BANK Plaintiff CIVIL DIVISION V. NO.: 12-5084-CIVIL ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. CUMBERLAND COUNTY SHOFF Defendant(s) PHS # 263962 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, N.A. FORMERLY KNOWN AS SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 805 SANDBANK ROAD A/K/A, 803-805 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065- 1107. Name and address of Owner(s) or reputed Owner(s): Name 2 3 4. 5 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Name and address of Defendant(s) in the judgment: Name ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF Address (if address cannot be reasonably ascertained, please so indicate) 54 WEST I STREET CARLISLE, PA 17013 Address (if address cannot be reasonably ascertained, please so indicate) 54 WEST I STREET CARLISLE, PA 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) USED CAR DOCTORIWILLIAM G GORDAN 399 MT VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT TENANT/OCCUPANT TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 805 SANDBANK ROAD A/K/A 803-805 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1107 803 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1107 805 SANDBANK ROAD MOUNT HOLLY SPRINGS, PA 17065-1107 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF C/O PAUL BRADFORD ORR, ESQUIRE JESSE L. SHOWERS SCOTT A. SHOWERS WANDA K. SHOWERS CAPITAL ONE BANK (USA) NA DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 50 EAST HIGH STREET CARLISLE, PA 17013 806 FAIRVIEW ROAD CARLISLE, PA 17013 46 CAVE HILL DRIVE CARLISLE, PA 17013 426 SOUTH BALTIMORE AVENUE MT. HOLLY SPRINGS, PA 17065 2323 LAKE CLUB DRIVE, SUITE 300 COLUMBUS, OH 43232 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 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 personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authq?ities, ? Date: ?L?Oll By: P PJ? an Hallinan, LLP Michael Kolesnik, Esq., Id. No.308877 n' Attorney for Plaintiff Name and Pheba Hsllimm, LLP Address 1617 JFK Boulevard. Suite 1400 Mender One Pam Canter Plan Phil PA 19103 Line Article Number 1Vaare of and Fed Of 1 «««. CAPITAL ONE BANK (USA) NA 2323 LAKE CLUB DRMF, SUITE 300 COLUMIRISS, OB !3232 RE: LSTHERQ ARMSSMONG CUN Tuetl Nrbto[ TMrI M.sbe. ot4S:ra Voeen.eter, ? Q' 1'ixa lLtcd Fy Scwly Roovw M rase Off- Form -W7 Facsimile a all sw b ;- 03J"MI3 SALE P w 50.45 pw4m PHS #;2b3962/1Q26 1 of 1 45 Da SUS The atl d.drae>o•of.afeamq?itd e«ea 6reaeicadissotfa?i rt+?sd mr7. TFtmefm up- Fdrl maw** W. for 6. noueoiadlo«of «tleq/tOi?blt M«rert/ wdv 0- -.Fjea a . Foie erSMcw pet Oix+t7e«ee 7?r a?os-w w .*y - I d EWM Flt. 'r4F..euinr• indurrit j P7?lls vSQ00 Alr opoaed so7. t- wi! Wbmr tirm?ec Set D RM 59 «+d 5921 fur limipliawr of oe >., O t oe .1 M? a -i 05 -44 w y zt ? c ?y a c C r j y ?fi•a ?''? ^s, ?. y to $F # $ tit Est l< $ ' y 5V ?r t Elms o A 'E'' <? r?w s? 25 b &' pp?ppy,a • ?s ,p a US' PoSrAGE)>PlTWYa0WES E ? ?a w w 2 I LIP $ 005.,o Cl40S38219tL1EC 1;? 2012 a Z .. a OC a 03 + x Q I ?,? Q ?9 A +il' A `'tj C Fri N a $ gr :2 O n R b d +? d a a ?' d p O p Q t. .y d O ?, A a 4AZ R 8, o ff US PM-IAGE*arty9pwES €s $ r', ..now t ZP 19103 02 117 $002.910 0001381191DEC 10 2012 M SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r: L.E ?t -0 F Sheriff t _ Jody S Smith ' Chief Deputy 12013 JIN 28 Pli 2:'o-'- Richard W Stewart Solicitor OFFICE GF THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA Sovereign Bank Case Number vs. 2012-5084 Esther G.Armstrong SHERIFF'S RETURN OF SERVICE 12/28/2012 08:31 PM -Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Esther G.Armstrong at 54 W. I Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 01/02/2013 12:38 PM - Deputy Amanda Cobaugh, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 805 Sandbank Road a/k/a 803-805 Sand Bank Road, Mount Holly Springs, PA 17065, Cumberland County. 02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/06/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Francis Hallinan, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of$ 06/26/2013 Deed recorded on 6/19/13 SHERIFF COST: $916.79 SO ANSWERS, June 26, 2013 RbNW R ANDERSON, SHERIFF ;C;CountySuite Sheriff,Teleosoft:Ina SOVEREIGN BANK, N.A. FORMERLY KNOWN AS COURT OF COMMON PLEAS SOVEREIGN BANK' Plaintiff CIVIL DIVISION V. NO.: 12-5084-CIVIL ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. CUMBERLAND COUNTY SHOFF Defendant(s) PHS#263962 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK,N.A.FORMERLY KNOWN AS SOVEREIGN BANK,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the .--.--- -real-pr-opert-y-looated-at-805-SANDBANK-ROADAWA.f8O3-805SANDBANK-ROAD,MGUNT-HOLL-Y-SPRINGS,PA-1-7065-, 1107. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ESTHER G.ARMSTRONG,IN HER 54 WEST I STREET CAPACITY AS EXECUTRIX OF THE CARLISLE,PA 17013 ESTATE OF TIMOTHY L.SHOFF 1 Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) ESTHER G. ARMSTRONG,IN HER 54 WEST I STREET: CAPACITY AS EXECUTRIX OF THE CARLISLE,PA 17013 ESTATE OF TIMOTHY L.SHOFF 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) USED CAR DOCTOR/WILLIAM G GORDAN 399 MT VIEW ROAD MOUNT HOLLY SPRINGS,PA 17065 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. -5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. i. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. Name j Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 805 SANDBANK ROAD A/K/A 803-805 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1107 TENANT/OCCUPANT 803 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1107 TENANT/OCCUPANT 805 SANDBANK ROAD MOUNT HOLLY SPRINGS,PA 17065-1.107 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 ESTHER G.ARMSTRONG,IN HER 50 EAST HIGH STREET CAPACITY AS EXECUTRIX OF THE CARLISLE,PA 17013 ESTATE OF TIMOTHY L.SHOFF C/O PAUL BRADFORD ORR,ESQUIRE JESSE L.SHOWERS 806 FAIRVIEW ROAD CARLISLE,PA 17013 SCOTT A.SHOWERS 46 CAVE HILL DRIVE CARLISLE,PA 17013 WANDA K.SHOWERS 426 SOUTH BALTIMORE AVENUE MT.HOLLY SPRINGS,PA 17065 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 171.05 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: Phelan Hallinan&Schmieg,LLP Allison F.Wells,Esq.,Id.No.309519 Attorney for Plaintiff SOVEREIGN BANK,N.A. FORMERLY KNOWN AS COURT OF COMMON PLEAS SOVEREIGN BANK CIVIL DIVISION Plaintiff : ESTHER G. ARMSTRONG, IN HER CAPACITY AS CUMBERLAND COUNTY EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF NOTICE OF SHERIFF'SSALE OF REAL PROPERTY TO: ESTHER G.ARMSTRONG,IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF 54 WEST I STREET AJ )13 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 805 SANDBANK ROAD A/K/A,803-805 SANDBANK ROAD,MOUNT HOLLY SPRINGS,PA 17065-1107 is scheduled to be sold at the Sheriffs Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$132,635.32 obtained by SOVEREIGN BANK,N.A. FORMERLY KNOWN AS SOVEREIGN BANK(the mortgagee) against you. In the event the sale is continued,an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To findout how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also-ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. _ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30)days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 J LEGAL DESCRIPTION ALL THAT CERTAIN small tract of land with improvements erected thereon, situate in Dickinson Township, Cumberland County,Pennsylvania,more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of the Cold Spring Road at the corner of the land herein described and land now or late of Donald Dewalt;thence along the Cold Spring Road South 87 degrees West 119 feet to a point in the said road and at line of land now or late of Charles Sanno; thence by the latter land South 3 degrees East 25 feet to a point at corner of land now or late of Charles Sanno;thence by the same South 87 degrees West 35 feet to a corner;thence still by the land now or late of Charles Sanno South 3 degrees East 316 feet to a corner at land now or late of Charles Sanno;thence continuing along the same land North 87 degrees East 25 feet,more or less, to the line of the land late of Donald Dewalt;thence along the line of the latter land North 20 degrees East 371 feet,more or less,to a point in the center of the Cold Spring Road,the point and place of BEGINNING. CONTAINING 3/4 acre,more or less. TITLE TO SAID PREMISES VESTED IN Timothy L. Slioff, single man, by Deed from Sylvia M. Horn, widow, dated 07/25/2008, recorded 07/31/2008 in Instrument Number 200825992. Mortgagor TIMOTHY L. SHOFF died on 01/30/2009, leaving a Will dated 01/29/2009. Letters Testamentary were granted to ESTHER G. ARMSTRONG on 02/09/2009 in CUMBERLAND COUNTY,No. 21-09-0141. Decedent's devisee(s) are WANDA K. SHOWERS, SCOTT A. SHOWERS, and JESSE L. SHOWERS. By executed waiver(s), WANDA K. SHOWERS, SCOTT A. SHOWERS, and JESSE L. SHOWERS waived their right to be named as a defendant in the foreclosure action. PREMISES BEING: 805 SANDBANK ROAD A/K/A,803-805 SANDBANK ROAD,MOUNT HOLLY SPRINGS,PA 17065-1107 PARCEL NO.08-32-2332-004,08-32-2332-004./02 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-5084-CIVIL SOVEREIGN BANK,N.A. FORMERLY KNOWN AS SOVEREIGN BANK vs. ESTHER G. ARMSTRONG,IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 805 SANDBANK ROAD A/K/A, 803-805 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065-1107 Parcel No. 08-32-2332-004,08-32-2332-004./02 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,635.32 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5084 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due SOVEREIGN BANK,N.A.FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff(s) From ESTHER G.ARMSTRONG,IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L.SHOFF (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $132,635.32 L.L.: $.50 Interest FROM 10/23/2012 TO DATE OF SALE($21.80 PER DIEM)-$2,943.00 Atty's Comm: Due Prothy:$2.25 Arty Paid: $206.25 Other Costs: Plaintiff Paid: Date: 11128112 David D.Buell,Prot hfono ry, (Seal) Deputy REQUESTING PARTY: Name: ALLISON F.WELLS, ESQUIRE Address: PHELAN HALLINAN&SCHMIEG,LLP 1617 JFK BLVD. ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF TRUE COPY FROM RECORD Telephone: 215-563-7000 in Testimony whereof, I here unto set my hand and the seal of said CoyKq tCjarlisle,Pa.�� Supreme Court ID No.309519 This � day of__ i r vim,20 _t_;• Prothonotary On November 29, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township , Cumberland County, PA, Known and numbered as, 805 Sandbank Road, A/KlA 803-805 Sandbank Road, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 29, 2012 By: Real Estate Coordinator hE :b `dbZONll4l -4 I'3 HS 1H 3-.1 J'G ,A CUMBERLAND LAW JOURNAL Writ No.2012-5084 Civil Sovereign Bank VS. Esther G.Armstrong Atty.:Allison F.Wells By virtue of a Writ of Execution NO. 12-5084-CIVIL, SOVEREIGN BANK,N.A. FORMERLY KNOWN AS SOVEREIGN BANK vs. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L. SHOFF, owner(s) of property situate in DICKINSON TOWNSHIP, Cumberland County, Pennsylvania, being 805 SAND- BANK ROAD a/k/a 803-805 SAND- BANK ROAD, MOUNT HOLLY SPRINGS,PA 17065-1107. Parcel 14o. 08-32-2332-004, 08- 32-2332-004.102. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT:$132,635- .32. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Lisa arie Coyle, Editor SWORN TO AND SUBSCRIBED before me this 8 da of February, 2013 Notary NOTARIAL SEAL .. DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy. Q a Suite,300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT.NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: / That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid'by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 01/22/13 2012-5084 Civil Sovereign Bank 1 01/29/13 Vs 02/05113 Esther G.Armstrong . Atty: Allison F.Wells By virtue of a Writ of Execution NO. • • • • • • • • • • 12-5084-CFvUSOVEREIGN BANK,N.A.. FORMERLY KNOWN AS SOVEREIGN .BANK Sworn t nd subscribed befor a this 14 day of February, 2013 A.D. vs. ESTHER G. ARMSTRONG, IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF TIMOTHY L.SHO owner(s) of property situaf in N PubliC DICKINSON TOWNSHIP, Cum rland, County,Pennsylvania,being (Municipality) 805 SANDBANK ROAD A/K/A,803-805 GOM EALTH OF PENNSYLVANIA SANDBANK ROAD, MOUNT HOLLY Notarial Seal SPRINGS,PA 17065-1107 Holly Lynn Warfel,Notary Public 'Farce, No. 08-32-2332.004, 08-32-2332- Washington Twp.,Dauphin County 102 My Commission Expires Dec.12,2016 Acreage or street address) MEMBER,PENNSYLVANIA ASSOCIATION OP NOTARIES provements thereon: RESIDENTIAL WELLING JUDGMENT AMOUNT:$132,635.32 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 28th day of September, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5084, at the suit of Sovereign Bank N A fka Sovereign Bank against Timothy L Shoff, extrix is duly recorded as Instrument Number 201320095. IN TESTIMONY WHEREOF, I have hereunto set my hand an LIf said office this mac~ day of A.D. ,2 J3 Rec r r of Deeds edznd Co�mty,Ceti:ste,PA 4Myiss4ionthe Fast Monday Jan.2014