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HomeMy WebLinkAbout05-0687 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FORPLAINTWF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM (!I'V~ C/92-h( v. NO, 0[; -/qf7 CUMBERLAND COUNTY SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must lake 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 olher 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland Connty Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 who is/are the morlgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/18/2003 SUSAN A. HANFT & MICHAEL 1. HANFT made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1818, Page: 2712. 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 10/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are colleclible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 09/0 1/2004 through 02/03/2005 (Per Diem $12.68) Attorney's Fees Cumulative Late Charges 06/18/2003 to 02/03/2005 Cost of Suit and Title Search Subtotal $71,200.06 1,978,08 1,250.00 69.21 $ 550,00 $ 75,047.35 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 75,047.35 7. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntenlion to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant( s) on the date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s) , 11. By virtue of the death of MICHAEL 1. HANFT on or about 08/2004, SUSAN HANFT became sole owner of the mortgaged premises as surviving tenant by the entireties, 12. Plaintiff hereby releases MICHAEL 1. HANFT, from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against Ihe Defendant(s) in the sum of $ 75,047,35, together with interest from 02/03/2005 at the rate of$12.68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN'--'--,H~I.-LINAN & SCHMIEG,. LL!':J L u'./ . --::~ ~. ~,----. By: ~rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN dwelling unit situated in WiIlaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No, 6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for Willaway Condominium, dated March 21, 1986 and recorded June 25, 1986, in the Office oflhe Recorder of Deeds of Cumberland County Misc. Book 319, Page 591, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act ofJuly 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and By Laws of Willa way Condominium, as amended from time to time. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements and righls-of-way of prior record. BEING the same premises which James J, Collins and Pamela K. Collins, husband and wife, by their deed dated December 5,1995, and recorded on November 18, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 167 at Page 1105, granled and conveyed to Michael J, Hanft, Grantor herein. THIS TRANSFER IS EXEMPT FROM REALTY TRANSFER TAX AS IT IS A TRANSFER FROM HUSBAND TO HUSBAND AND WIFE. Being No. 310 Fairview Street File #: 111020 VERIFICATION Summer Winegardner hereby states that he/she is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Summer Winegardner ASSISTANT SECRETARY DATE: '2ft /6~ v " ". ~ ~ ~ - .:t:: () ?c~~ '-\ P ,- ~ ~ ~ t-- - (J 1-71 r:::': C) '::>~, -1-' ~~r .-, -'"""' ~,"C r~"\ ~'1,'\ ~:.:,J \ c.:.) -F'" g - ' ~ '-"~ c:") \,~:) PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No, 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 250 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2005-00687 CIVIL TERM SUSAN A. HANFT Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SUSAN A. HANFT Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/3/05 to 4/1/05 TOTAL $75,047.35 $735.44 $75,782.79 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ru4 (, -\,.l_.~~ DANIEL G, SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS JNDlCATED. ~ DATE: Ll~^l'L ~ 'J.DGS ~//(~I'J~ . ~ I PRO PROTHY . SHERIFF'S KE~URN - REGULAR CASE NO: 2005-00687 P COMMONWEALTH OF PE~JSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ~0; HANFT SUSAN A JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HANFT SUSAN A the DEFENDANT , at 1500:00 HOURS, on the lOth day of February, 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SUSAN HANFT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 ~a',f.Y // f *i:4'$>"~"e~':f~ r"~ ---, R. Thomas Kline 02/10/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: , lo~S~~ -Dep y Sheriff me this day of A.D. Prothonotary '. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103.1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 250 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2005-00687 CIVIL TERM SUSAN A. HANFT Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant SUSAN A. HANFT is over 18 years of age and resides at, 7 HIDDEN MEADOWS DRIVE, CARLISLE, P A 17013 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ (, j..J.....,;~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff . '... LEGAL DESCRIPTION , ALL THAT CERTAIN dwelling unit situated in Willaway Condominium, South Middleton Township, Cumberland Counly, Pennsylvania, designated as Unit No, 6 (also known as 310 Fairview Street, South Middleton Township, Cumberland Counly, Pennsylvania), in the Declaration and By Laws for WiIlaway Condominium, dated March 21,1986 and recorded June 25, 1986, in the Office of the Recorder of Deeds of Cumberland Counly Misc. Book 319, Page 591, under the provisions of the Unit Properly Act of the Commonwealth of Pennsylvania (Acl of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and By Laws of Willa way Condominium, as amended from time to time. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements and rights-of-way of prior record. BEING the same premises which James J. Collins and Pamela K. Collins, husband and wife, by their deed dated December 5,1995, and recorded on November 18, 1997 in the Office of the Recorder of Deeds in and for Cumberland Counly in Deed Book 167 at Page 1105, granted and conveyed to Michael J. Hanft, Grantor herein, PROPERTY ADDRESS: 310 FAIRVIEW STREET, CARLISLE, PA 17013 TAX PARCEL: # 40-23-0594-049 - U'" =, d .r (\\ ',J\ ~ r -\.c... r-> ...CJ G iO Tft\) \t- \t ~ \) -. - .1:: -0 r~~r ~ b ~ ~ ~t :I:- f:: ~ .:::::- t.;- ~/ 4- \ r f' t'- (" ~ <", 1- ?:: -;" ;~~V\ .:~:(;~~~. -;...:>c,,) ~,., l~>\"!) t-..\~ y\.~ '3 -> 0 .~ 4"\ ~ -:\ ~ ?\iP_ ?J -:r, rrc 'n qh u :~-;':\~ ";"-) .-:'-~} ~ ":":;7S-n ~ 7')\ o -::::A .. eX) t" :4 0:> '. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 250 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2005-00687 CIVIL TERM SUSAN A. HANFT Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Ur'1.1.d....t:; 200S, ~ If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," Request for Military Status Page I of I Department of Defense Manpower Data Center _ Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of 2003 APR-01-200509:57:16 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency HANFT SUSAN A. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~w~U-~ Robert 1. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems, If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https:/ /www.dmdc.osd.mil/udpdri/owalsscra.prc Select 4/112005 " "\ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 2005-00687 CIVIL TERM SUSAN A. HANFT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75,782,79 V' Interest from 4/1/05 to SEPTEMBER 7, 2005 (per diem -$12.46) $1,981.14 and Costs TOTAL $77,763.93 ~ (, 9,..J"..,;'t DANIEL G. SCHMIEG, ES DIRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ;,.. cc .....-<. ~ LuQ C)~ r-O ,.,l_ .,...... .:..L'r:'::.' 2;?i! t.wo... ~-::::!l1J u...fE l...l_ o Z ",:$ 0 ... oz ""' ",-< ~ -<> u u ~>l uZ ~~ ...... ""'", Zoo t: ~ ~ ~z ~~ "'oS Zz ~ o ~ o~ ""'~ ~~ uf;; ""' ... ~~ :;;~ ~;>; .; -< 0"", ""'''' ... ~~ uz ~Z ~ ~~ "'~ ~o 01:: 00 ~~ ~ '" Q U ~e g~ '" e: ~~ gr-< u 8; o~ ~ ~" ~~ III ~ ""'~ z~ "'u 00 ('>J o ;;c '"'" r.:: ':;7 ~1~ ,..lo;;: iff ,uUJ ,)~j('L "':5: :s () ~ ;;d () <J V:1 ~ lJ? I ?t oq: ..", <::> = "" ] .~ ~ ,... '" .... <:> r- .... -< ~ r4 "'" '" ~ u ~ ~ '" g ~ ~ ~ Z ~ ~ e ~ r- 13 i Ol.> ~ ~ s ~ fir p., ~ ~ 0; '" l:! "0 "0 -< (-- <:'- ~ --... '::( '1 cJ --...- ~ VJ J-i + ,.;1 3 J -r r(4 3~ N ~ --.J -- ~ l1~ .' . LEGAL DESCRIPTION , ALL THAT CERTAIN dwelling unit situated in Willaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No.6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for Willaway Condominium, dated March 21, 1986 and recorded June 25, 1986, in the Office of the Recorder of Deeds of Cumberland County Misc. Book 319, Page 591, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and By Laws of Willaway Condominium, as amended from time to time. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements and rights-of-way of prior record. BEING the same premises which James J. Collins and Pamela K. Collins, husband and wife, by their deed dated December 5, 1995, and recorded on November 18, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 167 at Page 1105, granted and conveyed to Michael J. Hanft, Grantor herein. PROPERTY ADDRESS: 310 FAIRVlEW STREET, CARLISLE, PA 17013 TAX PARCEL: # 40-23-0594-049 f'\ 'VI!\ \ \~._~) \ - ~'...) pIc;. ~,' f C\'6 cl' u ~y -- <..J'j Cp\, cf:-, -, ~ IJ'I ' c.e ~ .~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-687 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 SUSAN A. HANFT, 7 HIDDEN MEADOWS DRIVE, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 310 FAIRVIEW STREET, CARLISLE PA 17013 (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,782.79 L.L. $.50 Interest from 4/1105 to 917105 @ $12.46 per diem = $1,981.14 and costs Ally's Corum % Due Prothy $1.00 Ally Paid $11 0.00 Other Costs Plaintiff Paid Date: APRIL 5, 2005 CURTIS R. LONG (Seal) By: " REQUESTING PARTY: Name DAVID G. SCHMIEG, ESQ. Address: ONE PENN CENTER@SUBURBAN STATION 1617 JFK BLVD., STE 1400 - PHILADELPHIA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION SUSAN A. HANFT NO. 2005-00687 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~;.j r. jrl".",~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff (') c -, .. .-0\:6 U)t:,' ...:~... .- '2:X, <n -, -'s. :~; k\-' ~; (~~) PC: -;t. -3 - ~ ~ ~ ?:1 \ (}1 ~ ~ ."" ff'--' -01:0 ~" Cl (~b --,l~'(' ~):.~ :z.~, ,'"')\ ' -~ ':9: -:~ ~ -.- '8 .' r-> c:P . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SUSAN A. HANFT NO. 2005-00687 CIVIL TERM Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 310 FAlRVIEW STREET. CARLISLE. PA 17013. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in thejudgmenl: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICAN HOME BANK, NA 805 ESTELLE DRIVE, SUITE 101 LANCASTER, PA 17601 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, P A 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, P A 17105-8486 WILLA WAY CONDOMINIUM OWNER'S ASSOCIATION C/O PROPERTY 310 FAIRVIEW STREET CARLISLE, PA 17013 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 310 FAlRVIEW STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, April 1. 2005 DATE ~ C i,A,m';tmrR DANIEL G, SCHMIEG, E QUIRE Attorney for Plaintiff -Cl~l' rI:\\ I:, -,'" '; ^ 2.t,. vi<'- -<~" t;--C l\~, :2 Q c ;";,, ~ <::> <J' ~ :;:0 I <f\ o -1'1 .-\ :;C-n rt1Ct -00:. -':]"-" c'jb :.~~-::;" (,:;C?, ."",..n. ~:;~ ~'>b :..~ ~ ~~ - C? N OJ .. '., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 2005-00687 CIVIL TERM v. SUSAN A. HANFT Defendant(s). April I, 2005 TO: SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 . 'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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, 310 FAIRVIEW STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $75,782.79 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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 31293. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed, 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It mav 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 >( . LEGAL DESCRIPTION , ALL THAT CERTAIN dwelling unit situated in Willaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit No, 6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for Willaway Condominium, dated March 21,1986 and recorded June 25, 1986, in the Officc of the Recorder of Deeds of Cumberland County Misc. Book 319, Page 591, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act ofJuly 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and By Laws of Willa way Condominium, as amended from time to time. UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements and rights-of-way of prior record. BEING the same premises which James J. Collins and Pamela K, Collins, husband and wile, by their deed dated December 5, 1995, and recorded on November 18, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 167 at Page 1105, granted and conveyed to Michael J. Hanft, Grantor herein. PROPERTY ADDRESS: 310 FAIRVIEW STREET, CARLISLE, PA 17013 TAX PARCEL: # 40-23-0594-049 (') C. -J.r ,..,..~ f \ "'7"~ ~7r,. U)J. 2\':''- S;C'i be '~V"c ~ ....' = 'i0 ~ ?'l I <J1 q, -' ::r;"" r"~ :9,0 (::>b :;:-1 ~;1 <'j-(') ,_'.1~ ~~.. ~ ~ ~ <;? N 0) SHERIFF'S RE~URN - REGULAR CASE NO: 2005-00687 P COMMONWEALTH OF PE~JSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ~0; HANFT SUSAN A JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HANFT SUSAN A the DEFENDANT , at 1500:00 HOURS, on the lOth day of February, 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SUSAN HANFT 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 Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 r,r;,,? ~~ ~~, #-,,""'-"i};'4~"'_a' ill' /.)0>"7.:":.-9'.-...., ~, __----- R. Thomas Kline 02/10/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before , loJ vS~ii:fA -Dep~y Sheriff By: me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-00687 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HANFT SUSAN A JODY SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT - MORT FORE was served upon HANFT SUSAN A he DEFENDANT at 1500:00 HOURS, on the lOth day of Februar 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SUSAN HANFT a true and attested copy of COMPLAINT - MORT FORE togethe with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 --y~:~~'-~~~::; :~',:'~/ 1 /:y:~;.". ,. R. Thomas Kline -~ 02/10/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this day of A.D. Pro tho ~- ~__~Jl1J . SALE DATE: SEPTEMBER 7, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 2005-00~i87 CIVIL TERM vs. SUSAN A. HANFT AFFIDAVIT PURSUANT TO RULI~ 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the re'al property located at: 310 FAIRVIEW STREET, CARLISLE, PA 17013. As required by Pa. R.C.P. 3l29.2(a) Notice ofSa1e has been given in the manner required by Pa. R.C,P, 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A '~opy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~ DANIEL SC Attorney for PI . , ESQU August 1,2005 , CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 2005-00687 CIVIL TERM vs. SUSAN A. HANFT AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, DAJ\rIEL SCHMIEG, EsqUlrc i'" forth as ofthe date the Praecipe for the Writ of Execution was fi1ed the following infolTI'." '" concerning the real property located at 310 F AIRVIEW STRE]~T, CARLISLE, P A ] 711 I .\ : 3. Name and last known address of every judgment creditor whose judgment is a recoro: Ii., '. the real property to be sold: Name Last Known Address (if address can;t(' i' reasonably ascertained, please indica:, RAYMOND DIEHL AND SUSAN DIEHL 401 MYERS ROAD BOILING SPRINGS, P A 17007 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address ca'",' reasonably ascertained, please indicatel 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address can]]ot be reasonably asc,:rtained, 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 Last Known Address (if address canno' reasonably ascertained, please indicak. None. 7. Name and address of every other person of whom the plaintiff has knowledge who iii,' : 'lY interest in the property which may be affected by the sale: Name Last Known Address (if address canll' reasonably ascertained, please indica"," None. I verify that the statements made in this affidavit are true and correct to ,1',' 'A t of my personal knowledge or information and belief. I understand that false statements i', 'I ,.c made subject to the penalties of 18 Pa. C.S. Sec. 4904 rellfng to unsworn falsification authorities. t~- . DANIE SC '; Attorney for August 1,2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SUSAN A. HANFT NO. 2005-00687 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS., INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 310 FAlRVIEW STREET. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Add~ess (if address cannot be reasonably ascertained, please indicate) SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, I'A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably asc,ertained, please indicate) AMERICAN HOME BANK, NA 80S ESTELLE DRIVE, SUITE 101 LANCASTEH, P A 17601 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHNMURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SIDTE 1300 1001 LffiERTY AVENUE PITTSBURGH, P A 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 WILLA WAY CONDOMINIUM OWNER'S ASSOCIATION C/O PROPERTY 310 FAIRVIEW STREET CARLISLE, PA 17013 7. 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S7c; ~ ~ \fj!. ~ c> t u:> ~ - - .' q. ~~ :9.~ ~~ ~-~ 9 ~ <..n r-> - Mortgage Electronic Registration Systems, 1nc, VS Susan A. Hanft The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-687 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 13,2005 at 3:15 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Susan A. Hanft, by making known unto Susan A. Hanft, personally, at 7 Hidden Meadow Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2005 at 4:18 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Susan A. Hanft, located at 310 Fairview Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Susan A. Hanft, by regular mail to her last known address of7 Hidden Meadows Drive, Carlisle, PA 17013. This letter was mailed under the date ofJuly 01, 2005 and never returned to the Sheriffs Office. R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 15.14 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary I. 00 Mileage 7,70 Certified Mail 3.46 Levy 15,00 Surcharge 20,00 Law Journal Patriot News Share of Bills 353.00 277.94 18.20 $ 771.94 Sworn and subscribed to before me So Answers R. Thomas Kline, Sheriff BY ~ ~ iM1f~ Real Estate ergeant 2005, A.D. 'i \,$0 Ck...,lb(,~ ~ WJ.;rr '/ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SUSAN A. HANFT NO. 2005-00687 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 310 FAlRVIEW STREET, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN A. HANFT 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICAN HOME BANK, NA 805 ESTELLE DRIVE, SUITE 101 LANCASTER, PA 17601 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 WILLAWAYCONDOMllUUM OWNER'S ASSOCIATION C/O PROPERTY 310 FAIRVIEW STREET CARLISLE, P A 17013 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 310 F AIRVIEW STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Departmeut of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. April 1. 2005 DATE DANIEL G. SCHMIEG, E Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 2005-00687 CIVIL TERM v. SUSAN A. HANFT Defendant(s). April 1, 2005 TO: SUSAN A. HANFf 7 HIDDEN MEADOWS DRIVE CARLISLE, PA 17013 **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 AND THIS DEBT WAS NOT REAFFIRMED, 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, 310 FAIRVIEW STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $75,782.79 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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 SHERlFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled 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. 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 Sheriffs 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION , ALL THAT CERTAIN dwelling unit situated in WiIlaway Condominium, South Middleton Township, Cumberland County, Pennsylvania, designated as Unit N9.... 6 (also known as 310 Fairview Street, South Middleton Township, Cumberland County, Pennsylvania), in the Declaration and By Laws for Willaway Condominium, dated March 21,1986 and recorded June 25,1986, in the Office of the Recorder of Deeds of Cumberland County Misc. Book 319, Page 591, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of tille and interest, in and 10 the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and By Laws of WiIlaway Condominium, as amended from time to time. UNDER AND SUBJECf, NEVERTHELESS, to all restrictions, reservations, conditions, covenants, easements and rights-of-way of prior record. BEING the same premises which James J. Collins and Pamela K. Collins, husband and wife, by their deed dated December 5, 1995, and recorded on November 18, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 167 at Page 1105, granted and conveyed to Michael J. Hanft, Grantor herein. PROPERTY ADDRESS: 3lOFAIRVIEW STREET, CARLISLE, PA 17013 TAX PARCEL: # 40-23-0594-049 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-687 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 SUSAN A. HANFT, 7 HIDDEN MEADOWS DRIVE, CARLISLE PA 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 310 FAIRVIEW STREET, CARLISLE PA 17013 (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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $75,782.79 L.L. $.50 Interest from 4/1105 to 9/7/05 @ $12.46 per diem = $1,981.14 and costs Atty's Comm % Due Prothy $1.00 Atty Paid $110.00 Other Costs PlaintilTPaid Date: APRIL 5, 2005 (Seal) CURTIS R. LONG ho,"_ ~ ~ . B'-j~ . .'^ .~ Deptlty REQUESTING PARTY: Name DAVID G. SCHMIEG, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFK BLVD., STE 1400 - PHILADELPHIA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court 1D No, 62205 Real Estate Sale #14 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 310 Fairview Street, Carlisle, more fully described on Exhibit "A" Date: May 04, 2005 ByJoc0yJVIAJ..tl Real Estate Deputy 6z.1 CViJ CViJ c::::::J G=e> Inn) filed with this writ and by this reference incorporated herein. g Z :b d g - UdV ~OOl Vd 'AltJlll~.) "':,iJ k'.:Jd~'~i;~j J.:lllJ3HS 3Hl JO 3:J1.:L:JO THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth ofPelUlSylvania, County ofOauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth ofPelUlSylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County ofOauphin, 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 19th and 26th day(s) of July and the 2nd day(s) of August 2005. 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 ofOauphin in Miscellane Book "M", Volume 14, Page 317. COpy SALE #14 Sworn to and s PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT.NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 277. 94 .. REAL........ No. 14 .......11.. 187 . CMI"""'" Mo.'~.l. ~ ql[ ~ .. ._-'&.,Inc. v. s.-",-_ Ally: _ SchmIeg .... .. DESC~ ,~:i. .... : .~. r'lr'~~II;......... .... . ~..llIiIlMb.~ '. . ....... so.. _. MiddIoloo ~ CouiIy. r . ~,...). II..... ~JId By LlO:'.b WIIlaway CondomiDium, doled _ 21, 1986 IIIlI """"'" Iw 25, 19116. ia lloeOlice III die _ <iDoOdo 01 c--. Comly-' Book '19. Page 591, under tbe provisions of tbe UIlit Propody Ai:t 01 .... Q .....<>1 l'allIoy_(A<l<iIlly3,:~.Pl,.,No.I!I6), 'ltJGlllllllh.;dullJ",Gfa_ _ iolllll..tbe_llIoI!OIlt......fullyset fortb ia die If<nuid. J.ledIration of Coodomioiuin: IIIlI By 1Ilw1 01 Willaway r............. .....11........._ IlNDIlRANll SIJJlJBcr. _-dJe-Iess," all -. """"'""'" ....... -. _...~.,<i(llior1llCCId . BIlIliG tbe .... ""'""" wbld> 1_ l. CoIIiIs... _ 1. CoIIioo. iwbI1d lIIId wife, by tbeir deod QaIed ~ S, 1995. lIIId """"'" <II _18, 1997 ill !be 0Iice 01 tbe a....- <i ~ ia ..f.b 0.......... Comly iDlloIlt....1C(.JipUOl.1I"*'I IlIIdCllllVeyedrD_I.~ll!ilOfir\"RiL PIIlX'I!Kl'Y AOOIlESS:;3It--' CIlIioIe,PA 11Dl3, lUll\IIB....~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 55. 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: July IS, 22, 29, 2005 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. , Editor SW TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOTARI L SEAL LOIS E. SNYDER, Notary Public Car~sle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 14 Writ No. 2005-687 Civil Mortgage Electronic Registration Systems, Inc. vs. Susan A. Hanft Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN dwelling unit situated In Willaway Condominium, South MIddleton Township. Cumber- land County. Pennsylvania, designat- ed as UnIt No.6 (also known as 310 Fairview Street. South Middleton Township, Cumberland County. Permsylvania), in the Declaration and By Laws for Willaway Condomin- ium, dated March 21. 1986 and re- corded June 25, 1986, in the Of~ nee of the Recorder of Deeds of Cumberland County MiSC. Book 319, Page 591, under the provisions of the Dn1t Property Act of the Com- monwealth of Pennsylvania (Act of July 3. 1963. P.L. No. 196). TOGETHER with all right of title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condo- minium and By Laws of Willaway Condominium. as amended from time to time. UNDER AND SUBJECT, NEVER- TI-lELESS to all restrictions. reser- vations' conditions, covenants, ease- ments and rights-of-way of prior record. BEING the same premises which James J. Coll1ns and Pamela K. Col- lins, husband and wife. by their deed dated December 5. 1995. and recorded on November 18. 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 167 at Page 1105, grant- ed and conveyed to Michael J. Hanft, Grantor herein. PROPER1Y ADDRESS: 310 FAIR- VIEW STREET, CARLISLE. PA 17013. TAX PARCEL NO. 40-23~0594- 049.