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HomeMy WebLinkAbout02-0925MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff vs. DALE L. HOCKENSMITH DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ?a -gas Cu,? THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL Plaintiff VS. DALE L. HOCKENSMITH DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff vs. DALE L. HOCKENSMITH DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ®a- qas COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, DALE L. HOCKENSMITH, is an adult individual whose last known address is 19 SHIRLEY LANE, BOILING SPRINGS, PENNSYLVANIA 17007. Defendant, DONNA P. HOCKENSMITH, is an adult individual whose last known address is 19 SHIRLEY LANE, BOILING SPRINGS, PENNSYLVANIA 17007. 3. On or about, October 25, 2000, the said Defendants executed and delivered a Mortgage Note to BALTIMORE AMERICAN MORTGAGE CORPORATION in the sum of $107,871.00. The said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of the Defendants. Plaintiff also avers that the within mortgage foreclosure complaint is based upon the mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019 (h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1649, Page 561 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc., as nominee for Homeside Lending, Inc. and was sent for recording. Said Mortgage and Assignment are incorporated herein. A copy of the Mortgage is attached hereto and marked as Exhibit "A". 5. The land subject to the Mortgage is: 19 SHIRLEY LANE, BOILING SPRINGS, PENNSYLVANIA 17007 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $24.98 per day From 08/01/2001 To 03/01/2002 (based on contract rate of 8.5000%) $107,265.88 $6,067.70 Accumulated Late Charges Late Charges $40.63 From 09/01/2001 to 03/01/2002 Escrow Balance (Deficit) Attorney's Fee at 5% of Principal Balance TOTAL $203.06 $243.78 $267.93 $5,363.29 $118,639.70 "Together with interest at the per diem rate noted above after March 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5000% ($24.98 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, ICRUG H R Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs155008.tit (1696x2800x2 titt) L3J -EX41-6)T %gp11 Hsi55008.tit (1696x2800x2 tiff) (4J Hs155008.tit (1696x2800x2 titt) L5J Hs155008.tit (1696x2800x2 titt) (6J Hs155008.tit (1696x2800x2 titt) (7J Hsl55008.tit (1696x2800x2 titt) L8J Hsl55008.tit (1696x2800x2 titt) 19J Hs155008.tit (1696x2800x2 titt) L10J Hs155008.tit (1696x2800x2 titt) (111 L X H a) ,1B VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. through Homeside Lending, Inc., holder of the entire beneficial interest in the Mortgage. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: February 20, 2002 Leon P. Haller, Esquire o c? C r V? ? ?y b G ro ? ? bD m G N 4 O x ? U • G " G C a o roG ro? N G N ? J a? 04 ro O N p O QC]C] •,rr, ?N ?ao N? z o ? u z m c 2 SHERIFF'S RETURN - REGULAR CASE NO: 2002-00925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS HOCKENSMITH DALE L ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOCKENSMITH DALE L the DEFENDANT , at 1321:00 HOURS, on the 27th day of February , 2002 at 19 SHIRLEY LANE BOILING SPRINGS, PA 17007 by handing to CHRISTINA FITZHENRY GIRLFRIEND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this 3 day of '7 ,1 J00.2, A. D. ? t L Prothonotary' So Answers: R. Thomas Kline 03/04/2002 PURCELL KRUG HALLER By: Deput heri f SHERIFF'S RETURN - REGULAR CASE NO: 2002-00925 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS HOCKENSMITH DALE L ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylgania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOCKENSMITH DONNA P the DEFENDANT , at 1847:00 HOURS, on the 26th day of February , 2002 at 19 SHIRLEY LANE BOILING SPRINGS, PA 17007 ", XT TT cnr+TZVNTCMTrPW by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this /A!t? day of ?L, ,_i ?C9 T]? A. D. prothonotary So AAnnsswwers : R. Thomas Kline 03/04/2002 PURCELL KRUG HALLER By: Deputy 'heriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00925 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS HOCKENSMITH DALE L ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOCKENSMITH DALE L the DEFENDANT , at 1321:00 HOURS, on the 27th day of February , 2002 at 402 LOUISA LANE MECHANICSBURGGS, PA 17055 by handing to CHRISTINA FITZHENRY GIRLFRIEND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Amended Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /3 0&1 day of w..,t ?[nylj? A. D. Prothonotary So Answers: R. Thomas Kline 03/08/2002 PURCELL KRUG HALLER By: ;>? /n W Dep Sheriff MORTGAGE ELECTRONIC REGISTRATION: SYSTEMS, INC. c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-925-CIVIIL CIVIL ACTION - LAW - IN MORTGAGE FO ECLOS P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in real' in favor of against Defendants Dale L. Hockensmith and Donna failure to plead to the above action within date of service of the Complaint, and assess P1 follows: Unpaid principal balance Interest (Per diem of $24.98 from 8/1/01 to 3/1/02) Accumulated late charges and Late charges ($40.63 per month to 3/02) Escrow Deficit 5% Attorney's Commission TOTAL Plaintiff and . Hockensmith for (20) days from tiff's damages as $10, 265.88 $ ,067.70 I $ 446.84 $ 267.93 9 5. 363.29 $118,639.70** ** Together with additional interest at the per above from March 1, 2002, based on the contract charges and costs to the date of Sheriff's Sale. PURCELL, KRUG m rate indicated e, and other By Le al er I.D. #15700 1 orth Front Street Harrisburg, PA 17102 (717) 234-4178 O ^. c -? MORTGAGE ELECTRONIC REGISTRATION: SYSTEMS, INC. c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-925-CIVIL DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane CIVIL ACTION - W - Boiling Springs, PA 17007 IN MORTGAGE FOR CLOS Defendants CERTIFICATE OF SERVICE I hereby certify that on May 3, 2002 I served t Ten Day Notice required by Pa. R.C.P. 237.1 upon the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. PURCELL, KRUG & Dated: June 11, 2002 By r, Le ,Er,/Haller A? I . D to{ey for Plai tiff 1719 North Front treet Harrisburg, PA 1 102 700 N 'n 'tS lT3 G ; ?f N q G G? W MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff vs. DALE L. HOCKENSMITH DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants DATE OF THIS NOTICE: May 3, 2002 TO: DALE L. HOCKENSMITH 402 LOUISE LANE MECHANICSBURG, PA 17055 DONNA P. HOCKENSMITH 19 SHIRLEY LANE BOILING SPRINGS, PA 17007 DONNA P. HOCKENSMITH 255 WALNUT BOTTOM ROAD CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-00925 CIVIL ACTION LAW IN MORTGAGE FOR THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE A COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORT FROM YOU WILL BE USED FOR THE PURPOSE OF COLL. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A W] PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR' OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENI WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO I " OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING 1 a WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION " 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, I.D. # 15700 1719 N. Front St., (717) 2344178 'EMPTING TO kTION OBTAINED 'TING THE DEBT. :ITTEN APPEARANCE "YOUR DEFENSES OR ACT WITHIN TEN (10) ERED AGAINST YOU IMPORTANT RIGHTS. IOT HAVE A LAWYER )FFICE TO FIND OUT for Plaintiff PA 17102 CC: ROBERT L. O'BRIEN, ESQ O'BRIEN, BARIC & SCHERER. 17 W. SOUTH ST., CARLISLE, P 17013 -OM m rr - z x? cn r_' h _ MORTGAGE ELECTRONIC REGISTRATION: SYSTEMS, INC. c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-925-CIVIL CIVIL ACTION LAW - IN MORTGAGE F RECLOS NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on % i. >g! /; following judgment has been entered against you captioned matter: $118,639.70 and for the sale and foreclos located at: 19 Shirley Lane, Boiling Springs, Dated: JUA.NP'_ J 2t aJn0A',_ Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) a addresses'are the proper individuals to receive pursuant to PA R.C.P. No. 236: Dale L. Hockensmith 402 Louise Lane Mechanicsburg, PA 17055 Donna P. Hockensmith 19 Shirley Lane Boiling Springs, PA 17007 the above- of your property 17007 their respective .is Notice Donna P. Hockensmith 255 Walnut Bottom Road Carlisle, PA 17013 MORTGAGE ELECTRONIC REGISTRATION: SYSTEMS, INC. c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i illl NO. 02-925-CIVIL CIVIL ACTION LAW - IN MORTGAGE FORECLOS P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of Plaintiff and against Defendants Dale L. Hockensmith and Donna P. Hockensmith for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plai#tiff's damages as follows: Unpaid principal balance Interest (Per diem of $24.98 from 8/1/01 to 3/1/02) Accumulated late charges and Late charges ($40.63 per month to 3/02) Escrow Deficit 5% Attorney's Commission TOTAL $107 ,265.88 $ ,067.70 $ 446.84 $ 267.93 $ .363.29 $11$,639.70** ** Together with additional interest at the per d'em rate indicated above from March 1, 2002, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG By I.D. #15700 ,1-719-Sorth Front S Harrisburg, PA 171 (717) 234-4178 MORTGAGE ELECTRONIC REGISTRATION: SYSTEMS, INC. c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-925-CIVIL DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane CIVIL ACTION Boiling Springs, PA 17007 IN MORTGAGE Defendants PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 LAW - TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 19 Shirley Lane, Boiling Springs, PA 1 007 as follows: Amount due pursuant to Judgment $118,639.70 ? Interest (Per diem of $24.98 from 3/1/02 to 9/4/02) Late Charges at $40.63 (3/02 to 9/02) Property Inspections Property Preservations Escrow deficit $ 4,671.26 $ 243.78 $ 58.00 $ 390.00 S 690.88 TOTAL WRIT ** Together with any additional interest, date of Sheriff's Sale. By $124,693.62** costs to the ATTORNEY FOR 1719 North Fr Harrisburg, P (717) 234-417 I.U. #15700 t Street 17102 Dated: June 11, 2002 Attached is a description of the real estate. LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected lying and being in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being ',more particularly described according to survey of Larry ern Neidlinger, Professional Engineer, dated December 7, 1973, t wit: BEGINNING at a stake -on the southern side of Shirley Lane, said point being on the dividing line between Lot Nos. 10 and I 1 on the hereinafter mentioned Plan of Lots, and said point being also 985 feet in a westerly direction along the southern side of Shirley Lane from L.R. 21008; thence by said dividing line, South 21 degrees 10 minutes 10 seconds East 121.67 feet to a stake; thence by land now or formerly of Ira Miller, South 68 degrees 48 minutes 20 seconds West 100 feet to a stake; thence by the dividing line between Lo Nos. I I and 12 on said Plan of Lots, North 21 degrees 10 minutes 10 seconds West 121.7 feet t a stake on the southern side of Shirley Lane; thence by the southern side of Shirley Lane, Nortl 68 degrees 49 minutes 50 seconds East 100 feet to the Place of BEGINNING. BEING Lot No. 11 on the Plan of Lots known as Clifton Hei lets, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17 Page 59. BEING improved with a dwelling house. HAVING THEREON ERECTED A DWELLING KNOWN AS Boiling Springs, Pennsylvania Shirley Lane, BEING THE SAME PREMISES which Thomas E. Kr er and Shirl A. Jumper, now by marriage Shirl A. Kramer, by Deed dated October 22, 1997 and recorded October 24, 1997 in Cumberlan County Deed Book 166, Page 659, granted and conveyed unto Dale L. Hockensmith and Donna P. Hockensmith. TO BE SOLD AS THE PROPERTY OF DALE L. HOCK HOCKENSMITH UNDER JUDGMENT NO. 2002-925 CIVIL AND DONNA P. PARCEL NO. 40-28-2100-003 w C- CD 5;O C ? ? ?e a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-925 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 SHIRLEY LANE, BOILING SPRINGS, PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upgn in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gami hee(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 fou nd in the possession of anyone other than a named garnishee, you are directed to notify him/her that h he has been added as a gamishee and is enjoined as above stated. Amount Due $118,639.70 L.L.$.50 Interest (PER DIEM OF $24.98 FROM 3/1/02 TO 9/4/02) $4,671.26 Arty's Comm % Due Prothy $1.00 Atty Paid $164.01 Other Costs LATE CHARG ES AT $40.63 (3/02 TO 9/02) $243.78 PROPERTY INSPECTIONS $58.00 PROPERTY PRESERVAT IONS $390.00 ESCROW DEFICIT $690.88 TOGETHER WITH ANY ADDITIONAL INTEREST, CHARGES AND COS S TO THE DATE OF SHERIFF'S SALE Plaintiff Paid Date: JUNE 12, 2002 CURTIS R. LONG Prothonotary (Seal) Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N FRONT ST, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ' i NO. 02-925-CIVIL CIVIL ACTION - LAW - IN MORTGAGE F RECLOS The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the prae ipe for the writ of execution was filed, the following information concerning the real property located at 19 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of the Owner(s) or Dale L. Hockensmith 402 Louise Lane Mechanicsburg, PA 17055 Donna P. Hockensmith 19 Shirley Lane Boiling Springs, PA 17007 Donna P. Hockensmith 255 Walnut Bottom Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the different from that listed in (1) above: SAME 3. Name and address of every judgment credit appears of record on the real property to be sold: Owner(s): if whose judgment UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): The Chase Manhattan Bank, Trustee c/o Residential Funding Corporation 1301 Office Center Drive, #200 Fort Washington, PA 19034 5. Name and address of every other person Who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may b affected by the sale: UNKNOWN 7. Name and address of every other person o whom the Plaintiff has knowledge who has any interest in t e property which may be affected by the sale: TENANTS IF ANY ... Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge,!information and belief. I understand that false statements herei are made subject to the penalties of 18 PA C.S. Section 4904 relat ng to unsworn falsification to authorities. Furcel*1,+Krug 1719 North Fr Harrisburg, P. (717) 234-4 PA I.D. #15700 Haller t Street 17102 8 DATE: June 11, 2002 N tl Cx C m -GAO.-" N ,j,l !C7 .. i (7 tyi MORTGAGE ELECTRONIC REGISTRATION: SYSTEMS, INC. c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-925-CIVIL CIVIL ACTION LAW - IN MORTGAGE F RECLOS ZFFIS SALE PURSUANT TO TARE NOTICE: That the Sheriff's Sale of Real Property held: DATE:WEDNESDAY, SEPTEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 estate) will be THE PROPERTY TO BE SOLD is delineated in det it in a legal description mainly consisting of a statement of t e measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erecte on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 19 SHIRLEY LANE, BOILING SPRINGS, PA 17007 THE JUDGKENT under or pursuant to which your sold is docketed in the within Commonwealth and Cc property is being )unty to: 2002-925-CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property DALE L. HOCKENSMITH AND DONNA P. HOCKENOMITH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies bung entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone ob ects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distributi n may be obtained from the Sheriff of the Court of Common Pleas of he within County at the Courthouse address specified herein. YOUR PROPERTY. PAY THE JUDGMENT. You may have legal rights to prevent your pr perty from being taken away. A lawyer can advise you more specifi ally of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a etition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other prope cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED S DELIVERED. 3. A petition or petitions raising the lega issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such d to must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentati n of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HAL ER Attorneys for Plain iff 1719 North Front Street Harrisburg, PA 1710 (717) 234-4178 LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected lying and being in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being' more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated December 7, 1973, t? wit: BEGINNING at a stake -on the southern side of Shirley Lane, said point being on the dividing line between Lot Nos. 10 and I 1 on the hereinafter mentioned Plan of Lots, and said point being also 985 feet in a westerly direction along the southern side of Shirley Lane from L.R. 21008; thence by said dividing line, South 21 degrees 10 minutes 10 seconds East 121.67 feet to a stake; thence by land now or formerly of Ira Miller, South 6 degrees 48 minutes 20 seconds West 100 feet to a stake; thence by the dividing line between Lot Nos'. I I and 12 on said Plan of Lots, North 21 degrees 10 minutes 10 seconds West 121.7 feet t a stake on the southern side of Shirley Lane; thence by the southern side of Shirley Lane, North 68 degrees 49 minutes 50 seconds East 100 feet to the Place of BEGINNING. BEING Lot No. I I oil the Plan of Lots known as Clifton He Ofl ice of the Recorder of Deeds for Cumberland County in Plan Book F BEING improved with a dwelling house. HAVING THEREON ERECTED A DWELLING KNOWN AS Boiling Springs, Pennsylvania BEING THE SAME PREMISES which Thomas E. Kra Jumper, now by marriage Shirl A. Kramer, by Deed 1997 and recorded October 24, 1997 in Cumberlan< 166, Page 659, granted and conveyed unto Dale I Donna P. Hockensmith. TO BE SOLD AS THE PROPERTY OF DALE L. HOCK HOCKENSMITH UNDER JUDGMENT NO. 2002-925 CIVIL pits, as recorded in the Page 59. 19 Shirley Lane, ier and Shirl A. dated October 22, County Deed Book Hockensmith and AND DONNA P. PARCEL NO. 40-28-2100-003 cn- o c, MORTGAGE ELECTRONIC REGISTRATION: IN THE COURT OF COMMON PLEAS SYSTEMS, INC. CUMBERLAND COUNTY, PENNSYLVANIA c/o Homeside Lending, Inc 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. NO. 02-925-CIVIL DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane CIVIL ACTION - LAW - Boiling Springs, PA 17007 IN MORTGAGE FORECLOSURE Defendants RETURN OF SERVICE I hereby certify that I have depo ited in the U.S. Mails at Harrisburg, Pennsylvania on 0__+ 2 , a true and correct copy of the Notice of Sale of Real Estat pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Dale L. Hockensmith 402 Louise Lane Mechanicsburg, PA 17055 Donna P. Hockensmith 19 Shirley Lane Boiling Springs, PA 17007 Donna P. Hockensmith 255 Walnut Bottom Road Carlisle, PA 17013 The Chase Manhattan Bank, Trustee c/o Residential Funding Corporation 1301 Office Center Drive, #200 Fort Washington, PA 19034 Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 By v PURCELL UG & HALLER Attor ys for Plaintiff 1719 orth Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KRUGANDHALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206 LEON P. HALLER JOHN W.PURCELLJR. BRIAN J. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Dale L. Hockensmith 402 Louise Lane Mechanicsburg, PA 17055 Donna P. Hockensmith 19 Shirley Lane Boiling Springs, PA 17007 Donna P. Hockensmith 255 Walnut Bottom Road Carlisle, PA 17013 The Chase Manhattan Bank, Trustee c/o Residential Funding Corporation 1301 Office Center Drive, #200 Fort Washington, PA 19034 Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 JOSEPH NISSLEY(1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and ou have an opportunity to protect your interest, if an ei otified of said Sheriff's Sale. By: Leon aller PA I. .15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION: SYSTEMS, INC. c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-925-CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TARE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE:WEDNESDAY, SEPTEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting.of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 19 SHIRLEY LANE, BOILING SPRINGS, PA 17007 THE MMGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-925-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected lying and being in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated December 7, 1973, to wit: BEGINNING at a stake -on the southern side of Shirley Lane, said point being on the dividing line between Lot Nos. 10 and 11 on the hereinafter mentioned Plan of Lots, and said point being also 985 feet in a westerly direction along the southern side of Shirley Lane from L.R. 21008; thence by said dividing line, South 21 degrees 10 minutes 10 seconds East 121.67 feet to a stake; thence by land now or formerly of Ira Miller, South 68'degrees 48 minutes 20 seconds West 100 feet to a stake; thence by the dividing line between Lot Nos. 11 and 12 on said Plan of Lots, North 21 degrees 10 minutes 10 seconds West 121.7 feet to a stake on the southern side of Shirley Lane; thence by the southern side of Shirley Lane, North 68 degrees 49 minutes 50 seconds East 100 feet to the Place of BEGINNING. BEING Lot No. 1 I on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. BEING improved with a dwelling house. HAVING THEREON ERECTED A DWELLING KNOWN AS 19 Shirley Lane, Boiling Springs, Pennsylvania BEING THE SAME PREMISES which Thomas E. Kramer and Shirl A. Jumper, now by marriage Shirl A. Kramer, by Deed dated October 22, 1997 and recorded October 24, 1997 in Cumberland County Deed Book 166, Page 659, granted and conveyed unto Dale L. Hockensmith and Donna P. Hockensmith. TO BE SOLD AS THE PROPERTY OF DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH UNDER JUDGMENT NO. 2002-925 CIVIL TERM PARCEL NO. 40-28-2100-003 Re: HOMESIDE/HOCKENSMITH CUMBERLAND COUNTY - SALE - 09/04/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Dale L. Hockensmith 402 Louise Lane Mechanicsburg, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Donna P. Hockensmith 19 Shirley Lane Boiling Springs, PA 17007 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Post r Donna P. Hockensmith Ve 255 Walnut Bottom Road ?d OIi Carlisle, PA 17013 :y U. S. POSTAL SERVICE CERTIFICATE OF MAILING In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: The Chase Manhattan Bank, Trustee C/o Residential Funding Corporation 1301 Office Center Drive, #200 Fort Washington, PA 19034 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 t X . .. I d .QiiCt t2 ? •. K am- \ U u N G -G to COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which HOMESIDE LENDING INC is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 12th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 925, at the suit of Mortgage Electronic Reg systems Inc against Dale L & donna P Hockensmith is duly recorded in Sheriff s Deed Book No. 254, Page 383. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /? day of fi A.D. 2002 Recorder of Deeds pAwfterooku ft rdwA Mortgage Electronic Registration Systems, Inc. VS Dale L. Hockensmith and Donna P. Hockensmith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-925 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2002 at 6:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dale L. Hockensmith, by making known unto Christina Fitzhenry, girlfriend of defendant, at 402 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2002 at 5:56 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Donna Hockensmith, by making known unto Donna Hockensmith, at 255 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2002 at 9:05 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dale L. Hockensmith and Donna P. Hockensmith located at 19 Shirley Lane, Boiling Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Dale L. Hockensmith, by regular mail to his last known address of 402 Louise Lane, Mechanicsburg, PA 17055. This letter was mailed under the date of July 10, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Donna P. Hockensmith, by regular mail to her last known address of 255 Walnut Bottom Road, Carlisle, PA 17013. This letter was mailed under the date of July 10, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Homeside Lending, Inc. It being the highest bid and best price received for the same, Homeside Lending, Inc. of 8120 Nations Way, Building 100, Jacksonville, FL 32256, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $902.26, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 30.00 17.69 15.00 15.00 30.00 10.00 .50 1.00 15.18 14.24 15.00 30.00 358.40 270.55 25.20 25.00 29.50 $ 902.26 paid by attorney 10/14/02 Sworn and subscribed to before me so This 1 t -day of dC R. Thomas Kline, Sheriff 2002, A.D. Q. A?6y ,BY J&Jk ?1'ta ro onotary Real Estate Deputy 03?' 3 ? in> 1.5u c? 3 8 SSA k,L i-307-20 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-925 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 SHIRLEY LANE, BOILING SPRINGS, PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED 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 gamishee(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 $118,639.70 L.L.$.50 Interest' (PER DIEM OF $24.98 FROM 3/1/02 TO 9/4/02) $4,671.26 Arty's Comm % Due Prothy $1.00 Atty Paid $164.01 Other Costs'LATE CHARGES AT $40.63 (3/02 TO 9/02) $243.78 PROPERTY INSPECTIONS $58.00 PROPERTY PRESERVATIONS $390.00 ESCROW DEFICIT $690.88 TOGETHER WITH ANY ADDITIONAL INTEREST, CHARGES AND COSTS TO THE DATE OF SHERIFF'S SALE Plaintiff Paid Date: TUNE 12, 2002 CURTIS R. LONG Prothonotary (Seal) l o Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N FRONT ST, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 69 On June 18, 2002 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA known and numbered as 19 Shirley Lane, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 By: Jbd, { Swv t<? Real Estate Deputy Aik,,. dd1b3HS iljd0 4 t? MORTGAGE ELECTRONIC REGISTRATION: IN THE COURT OF COMMON PLEAS SYSTEMS, INC. CUMBERLAND COUNTY, PENNSYLVANIA c/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff Vs. NO. 02-925-CIVIL DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane CIVIL ACTION - LAW - Boiling Springs, PA 17007 IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO P R O P 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 19 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of the Owner(s) or Reputed Owner(s): Dale L. Hockensmith 402 Louise Lane Mechanicsburg, PA 17055 Donna P. Hockensmith 19 Shirley Lane Boiling Springs, PA 17007 Donna P. Hockensmith 255 Walnut Bottom Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): The Chase Manhattan Bank, Trustee c/o Residential Funding Corporation 1301 Office Center Drive, #200 Fort Washington, PA 19034 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANY ... Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. L Haller PA I. . #15700 urcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 11, 2002 MORTGAGE ELECTRONIC REGISTRATION: SYSTEMS, INC. C/o Homeside Lending, Inc. 8120 Nations Way, Building 100 Jacksonville, FL 32256 Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-925-CIVIL DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH 19 Shirley Lane CIVIL ACTION - LAW - Boiling Springs, PA 17007 IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: the Sheriff's Sale of Real Property (real estate) will be DATE:WEDNESDAY, SEPTEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 19 SHIRLEY LANE, BOILING SPRINGS, PA 17007 THE J=GNENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-925-CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected lying and being in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated December 7, 1973, to wit: BEGINNING at a stake on the southern side of Shirley Lane, said point being on the dividing line between Lot Nos. 10 and I I on the hereinafter mentioned Plan of Lots, and said point being also 985 feet in a westerly direction along the southern side of Shirley lane from L.R. 21008; thence by said dividing line, South 21 degrees 10 minutes 10 seconds East 121.67 feet to a stake; thence by land now or formerly of Ira Miller, South 68 degrees 48 minutes 20 seconds West 100 feet to a stake; thence by the dividing line between Lot Nos'. I I and 12 on said Plan of Lots, North 21 degrees 10 minutes 10 seconds West 121.7 feet to a stake on the southern side of Shirley Lane; thence by the southern side of Shirley Lane, North 68 degrees 49 minutes 50 seconds East 100 feet to the Place of BEGINNING. BEING Lot No. I I on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. BEING improved with a dwelling house. HAVING THEREON ERECTED A DWELLING KNOWN AS 19 Shirley Lane, Boiling Springs, Pennsylvania BEING THE SAME PREMISES which Thomas E. Kramer and Shirl A. Jumper, now by marriage Shirl A. Kramer, by Deed dated October 22, 1997 and recorded October 24, 1997 in Cumberland County Deed Book 166, Page 659, granted and conveyed unto Dale L. Hockensmith and Donna P. Hockensmith. TO BE SOLD AS THE PROPERTY OF DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH UNDER JUDGMENT NO. 2002-925 CIVIL TERM PARCEL NO. 40-28-2100-003 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of the Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY re met 's 14th day Au 002 A.D. SALE#69 Notarial Seal 07 Terry L. Russell, Notary Public City Of Harrisburg, Dauphin Cou N AR PUBLIC My Commission Expires June 6, 2006 Member. Pennsvivania Association Of Nola commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 r Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 268.80 Probating same Notary Fee(s) $ 1.75 Total $ 270.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. Sworn to and subscribed befo By .................................................................... REAL ESTATE SALE No. 69 Writ No. 2002-925 Civil Term Mortgage Electronic Registration Systems, Inc. vs Dale L. Hockensmith and Donna P. Hockensmith Atty: Leon P. Haller DESCRIPTION ALL THAT certain tact of land with improvements thereon erected lying and being in the Township of South Mosilmon, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vem Neidlinger, Professional Engineer, dated December 7, 1973, to wit BEGINNING at a stake on the southern side of Shirley Lane, said point being on the dividing line between Lot Nos. 10 and II on the hereinafter mentioned Plan of Lots, and said point being also 985 feet in a westerly direction along the southem side of Shirley Lane from'L.R. 21008; thence by said dividing line, South 21 degrees 10 minutes 10 seconds East 121.67 feet to a stake; thence by land now or formerly of Ira Miller, South 68 degrees 48 minutes 20 seconds West loo feet in a stake; thence by the dividing line between Lot Nos. I I and 12 on said Plan of Lots, North 21 degrees 10 minutes 10 seconds West 121.7 feet to a stake on the southern side of Shirley Cane; thence by the southern side of Shirley Lane, North 68 degrees 49 minutes 50 seconds East loll feet to the Place of BEGINNING. BEING Lot No. I I on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. BEING improved with a dwelling house. HAVING THEREON erected a dwelling known as 19 Shirley Lane, Boiling Springs, Pennsylvania. BEING THE SAME PREMISES which Thomas E. Kramer and Shirt A. Jumper, now by marr iage Shirl A. Kramer, by Deed dined October 22,1997 and recorded October 24, 1997 in Cumberland County Deed Book 166, Page 659, granted and conveyed unto Dale L. Hockensmith and Donna P. Hockensmith. TO BE SOLD as the property of Dale L. Hockensmith and Donna P. Hockensmith under Judgment No. 2002925 Civil Term. PARCEL NO. 40-28-2100-003. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 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. REAL ESTATE SALE NO. 88 Writ No. 2002-925 Civil Mortgage Electronic Registration Systems, Inc. vs. Dale L. Hockensmith and Donna P. Hockensmith Atty.: Leon P. Haller LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected lying and being in the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer-, dated December 7, 1973, to wit: BEGINNING at a stake on the southern side of Shirley Lane, said point being on the dividing line be- tween Lot Nos. 10 and 11 on the hPrPinaftPr mPntinned Plan of intc._ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 NOTARK SEA- LAS E. SNYDER, N0tWY Pubk r come BOA C Expirs Mrch 55, 2005 and said point being also 985 feet in a westerly direction along the southern side of Shirley Lane from L.R. 21008; thence by said divid- ing line, South 21 degrees 10 min- utes 10 seconds East 121.67 feet to a stake; thence by land now or formerly of Ira Miller, South 68 de- grees 48 minutes 20 seconds West 100 feet to a stake; thence by the dividing line between Lot Nos. 11 and 12 on said Plan of Lots, North 21 degrees 10 minutes 10 seconds West 121.7 feet to a stake on the southern side of Shirley Lane; thence by the southern side of Shirley Lane, North 68 degrees 49 minutes 50 seconds East 100 feet to the Place of BEGINNING. BEING Lot No. 11 on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Re- corder of Deeds for Cumberland Canty in Plan Book 17, Page 59. BEING improved with a dwelling house. HAVING THEREON ERECTED A DWELLING KNOWN AS 19 Shirley Lane, Boiling Springs, Pennsylvania. BEING THE SAME PREMISES which Thomas E. Kramer and Shirl A. Jumper, now by marriage Shirl A. Kramer, by Deed dated October 22, 1997 and recorded October 24, 1997 in Cumberland County Deed Book 166, Page 659, granted and conveyed unto Dale L. Hockensmith and Donna P. Hockensmith. TO BE SOLD AS THE PROP- ERTY OF DALE L. HOCKENSMITH AND DONNA P. HOCKENSMITH UNDER JUDGMENT NO. 2002-925 CIVIL TERM. PARCEL NO. 40-28-2100-003. 2?