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Home My WebLink About05-1804 - Plaintiff CIVIL DIVISION TERM NO. D$" -Ifd! (!/ U l tyVUrJ , PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE 1. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19]03 (215) 563-7000 SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 60] PENN STREET READING, PA 1960] ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS v. CUMBERLAND COUNTY JAMES C. HOOVER LINDA L. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 Defendants 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 take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 13 (800)990-9108 File #: 1075l:! I File#: ]07581 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 EST ATE. 1. Plaintiff is SOVEREIGN BANK, SIB/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES C. HOOVER LINDA L. HOOVER 329 15TH STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/06/1995 mortgagor(s) 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. 1286, Page: 106. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/28/2004 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 collectible forthwith. File #: 10758\ 6. The following amounts are due on the mortgage: Principal Balance Interest 11/28/2004 through 03/31/2005 (Per Diem $5.24) Attorney's Fees Cumulative Late Charges 10/06/1995 to 03/31/2005 Cost of Suit and Title Search Subtotal $23,895.77 330.12 1,250.00 2,660.59 $ 550.00 $ 28,686.48 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 28,686.48 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention 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) has/have failed to meet with the Plainti 1'1' 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. WIJEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 28,686.48, together with interest from 03/31/2005 at the rate 01'$5.24 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 HALLINAN & SCHMIEG, LLP ,/ . ~~ F 7~~~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 10758\ SCBBDtJI..I! n An 70-01692383 ALL mM OIRUlN I.M OR = OF WlD SI'!UMIl IN TIll IIOROOOII OF NEW e;nr...:nl''D1'Nm, COfIN'l'Y OF I"I"IWarDTJUm ANn S!Am or ~~!A, l<<IIt& 'U'2:':tCtJLA1t1.y DOONDKO ~ 0&8(l1UU2tJ ).8 i'OI,.LQilS ACCOJmDI(J '1'0 A. stmvBY OF P.P. JlAFnafSP.UI.GBR. (49-2') JJADI) tmRCH ., 1974, 'l'O wn~: IlI!lGDIll%NC A~ A I'ODtt 010 ~.. __ SIDE OF 15'1'l1 S_~ 8A1tl roDft' BBmG 870." n:.:E!I! WEST OF BIUIlGI&: SBD'r; !l8ENCIil ErrEMDJ:!(t; AI.OIIC 15'1'l1 snon~ SOO'l:H ~2 DE_a wzn 50 nil'" ~ A COIlllllR OF LOl' lmHBER. 30 ON '!'HI. KB'RI'nrAFrZIllfEMT%ONZD J'f.AN' OF UJTS; THEHCI AIDNG LOT NmtBBJ\ 30 HOaD 28 DE.GREES lIBS'I' 195 F&E'r 'lO A POINT A CORIGR: ~ 1fOR'n( 62 bllGUX8 ns!.' 50 1"J9:'I' '!O A JlQDft' A. CORNER; 'DDHCS .&XftaID:ENC '1'8IlOOC:H LOr NtJtdI&R. 31 CM BAlD .I'LAN SOU%H ZU DEGIilBE8 EAST 195 FEET ro 'l'lIE PODt!l AND PLAC:Z OE' BEGINNINQ. Bl!lnm A VA!\Z or t.O'1' ~ 31 SIIC'l:tClt I ft.P.N 01' Hn.t8:ttlJ: AS REOaRnED IN !'BB' CUIt8ERLAND ~ UCORDBR-S ames m PLJ\N BO Ole 1, Ji'AQ, 75. BEnfG '1'HE SAKE PROPER'l'Y caNE'%ED 'rO oDHES C. HOOVER AND LDmA L. Hoovz,a, H%8 WIn aT DZ.D J'IOot -'OIIK o. oacootI AND 8U8M C. OSCOOD, HIS WIn: ltZCQRD&D 07/02/1979 Dr DUD 800K 28N PAGE 39, .IN :rm: OiTlCI OF 'I'm: lUi:CORDZlil ot' OEJ:08 05' ~ ClOONT'lC, PENNsn.VM%A. ~ ~Df 2&-23-0$41-133 PROPERTY BEING: 329 15TH STREET VERIFICATION CONSTANCE M COCROFT hereby states that he/she is VICE PRESIDENT of SOVEREIGN BANK 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 hislher 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. L~ ~ L~ DATE: ~~~ CONSTANCE M COCROFT VICE PRESIDENT ):J ~ -it;).. lit II t I/( -- if( Q ....> 8 ~ .{: Or "'" 0 ~ ~;~ c:.:::>> -n <J" -- ..... ~ .".. ~ ~ \' -0 fi;::'J ..c: :::0 r:: --.......z --c:: \ ::49 r.'..l r 0"' ~~() W c: -r'" 4'. ~ _~::: -T1 ~ l. ' ::J:. >{.('S c:: ~ '25(0 -x -~-\ _:i 0 ""n ~ -< - -- , SHERIFF'S RETURN - REGULAR CASE NO: 2005-01804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK ET AL VS HOOVER JAMES C ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT ... MORT FORE HOOVER JAMES C DEFENDANT was served upon , at 1904:00 HOURS, on the 11th day of April at 329 15TH STREET NEW CUMBERLAND, PA 17070 JAIME HOOVER, DAUGHTER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT ... MORT FORE t e , 2005 together w.th and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to me this ~ day of n( c; S<sll~tf 18.00 12.58 .00 10.00 .00 40.58 before \ So Answers: ,--;~'''(2~~.0 _-./ "'~~" AI' ....#~;_.~..-;..[" 0__ "":.A.>.._ ~ 1..~'T.~_...- .of -. ... ;. ,_. R. Thomas Kline Deputy Sheriff .. . , SHERIFF'S RETURN... REGULAR CASE NO: 2005-01804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK ET AL VS HOOVER JAMES C ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HOOVER LINDA L DEFENDANT was served upon t at 329 15TH STREET , at 1904:00 HOURS, on the 11th day of April 2005 NEW CUMBERLAND, PA 17070 JAIME HOOVER, DAUGHTER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT ... MORT FORE together w. th and at the same time directing Her attention to the contents the of. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to me this ~ day of / ==~t A.D. ,y~ 6.00 .00 .00 10.00 .00 16.00 before So Answers: .~ /;/ ~ 'f'#" (",,'<~ .,y' ;;.i;;'-'z~fc.;,:-?-,"~ f ...A' R. Thomas Kline 04/12/2005 PHELAN HALLINAN By: PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1804 v. JAMES C. HOOVER LINDA L. HOOVER 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 JAMES C. HOOVER and LINDA L. HOOVER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/1/05 to 5/23/05 TOTAL $28,686.48 $277.72 $28,964.20 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. ~~ Jj ~~f~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (Yl';:Jd ;J{_ d-.OoS ( I .. PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (? 1 'i) 'i{i,-7000 SOVEREIGN BANK, S/BIM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JAMES C. HOOVER LINDA L. HOOVER : NO. 05-1804 Defendants TO: JAMES C. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: MAY 1,2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT. A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 '=11 !: ,.. '" "'Il' (800)990-9108 -1r1~ g. J!~{U'J FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ... PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Fraocis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 'if 'i1i1-7000 SOVEREIGN BANK, S/BIM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JAMES C. HOOVER LINDA L. HOOVER . NO. 05-1804 Defendants TO: LINDA L. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: MAY] 200, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ""Ii r:' C. ('I,~V ..... . 1J:, J 1.~~! ~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ~ 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1804 v. JAMES C. HOOVER LINDA L. HOOVER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge ofthe 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES C. HOOVER is over 18 years of age and resides at , 329 15TH STREET, NEW CUMBERLAND, PA 17070. (c) that defendant LINDA L. HOOVER is over 18 years of age, and resides at, 329 15TH STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. lfJ~Jj.l~ DANIEL G. SCHMIE ,ESQUIRE Attorney for Plaintiff . , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA nON OF HARRISBURG 601 PENN STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1804 v. JAMES C. HOOVER LINDA L. HOOVER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (rb,,:J.f.e. 200,<). I ~: 1I;r;;:_P.?[~ If you have any questions concerning this matter, please contact: if~.JjJ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. 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. ** ~1(~~ F ~ 13 C) ~ -.() ~ ~ CI) s:: r- ~ -:S ~ g ,C ~ (-, C) :1 :.;,~ :"r~ ~ i:', i' ., ~..,-~ 1 C' ( : c-~ . CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG Plaintiff, No. 05-1804 v. JAMES C. HOOVER LINDA L. HOOVER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $28,964.20 Interest from 5/23/05 to SEPTEMBER 7, 2005 (per diem -$4.76) $509.32 and Costs TOTAL $29.473.52 r~ ..If.~~ DANIEL G. SCHMIEG. ES DIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 00 r--r-- 00 r--r-- .-< .-< << ~~ c:lc:l ~~ ~~ fiIilfilil =:l~ ro,:$ Z ::g::g ;:J;:J O~ 0 UU E-< .... oo> ~ ~ E-< ~~ <...l ;:J fiIilfilil .0 fiIil~ S~;:J U ZZ " ...loo ~'E' ~ ~Z 00=:l ~~ ~ ,..;,..; E-<...lOO .~ "' Zz fiIilfilil fiIil ::s - fiIilfilil ~~~ '" " Ofilil >> ro, 0 ~~ .n ::g~ 00 O<l - 1d' 00 ... p.. E-<E-< ::g . ee~= E-< .. .. S O~ == ;~ ; c2 oooo ~~ro, <1, == "' UZ .. uJ C>of.., .. ~~ E-<E-< " ro,;:J ~>O . " g. <Z oo< ~~ ~g "'''' 00 =:l~8 fiIil~ .-< .-< P< E-<U Ot: l~ ="=" " ~~ ro, 0 ........ il ~~ ~ ~ fiIil::g .., .., ~ ;:J~ ......l ....fiIil.... ~--- 8~ ~~g .... ~ "' U "' " fiIilt;oo ~ .;,; .. fiIilfilil " :g ==:l > oo - < o < .~ E-<::g ~ po.. Z;:J oo ....U '-----..J 'D ~ ." Ji ~ ~ ~ , ~ " , .. , ':~ C1~ ~ ("'~ - {9:f L ~ _ " . - -::r- --- - - - :: - ~ J F-: .:~ ~d , - - tf.:' --.5l l.t) ~ u_ C';...., () -- L; =- a-- J- C"'J, , 0( ~ 2'tJ 0<) J \) 'Ci ~ P ~ .... () L? \} ~ () '-'J ~~ ~ () .ji.0 C)-'\'j e:... ...... bi i ~=<- -lq r'c) "b,.. "- ..,.. (Y. . ~ DESCRIPTlON ALL THAT CERTAIN lot or lraCt of land situate in the borough of New Cumberland, COlBlty of Cumberland aud Slale of Pennsylvania, more particularly bounded and des<;ribed as follows according to a survey ofD. P. Rafem'Perger (49-29) cLlte<! March 4, 1974, to wit: BI;GINNING at a point on Ihe northern side of 15~ Streel said point being 870.8 feed west of Bridge Streel; thence extending along t5~ Street south 62 degrees west 50 feel 10 a corner of lot number 30 on the herematkr mentioned plan oflols; thence along lot number 30 nonh 28 degrees wesll95 reet to a paint a comer; thence north 62 degrees east SO feel k> a point of corner; thence extending through lot number 31 on said plan south 28 degrees east 195 feel to the point and place of beginning. Being a part of tot number 31 seclian E plan ofhiJlside as recorded in the Cumberland Counly Recordc'r's Officc in plan nooK I, Page 75. Tax 10# 26-23-Q541-133 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN James C. Hoover and Linda L. Hoover, husband and wife, by Deed from 301m O. Osgood and Susan C_ Osgaod, husband and wide, daled 06-29.79, and rc<:ordcd 7.2.79 in Deed Book 28N, Page 39. PREMISES BEING: 329 15TH STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-1804 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, Plaintiff(s) From JAMES C. HOOVER AND LINDA L. HOOVER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garoishee(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) Ifproperly 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 $28, 964.20 L.L. $.50 Interest FROM 5/23/05 TO 917/05 (PER DIEM - $4,76) _ $509.32 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $138. 58 Other Costs Plaintiff Paid Date: MAY 26, 2005 (Seal) CURTIS R. LONG Prothono~ 7n_ '-- By: /{A 0'1....0 > 2. , (t^/?/V'l, ~- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADLEPHIA, PA 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., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. JAMES C. HOOVER LINDA L. HOOVER NO. 05-1804 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 subj ect to the provisions of Act 91 because it is: o 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..1~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff r" (,-;:::. CJ 0..;.:;:.,., -Yj <':'.j'l ;~,> c' cr-, . .. SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JAMES C. HOOVER LINDA L. HOOVER NO. 05-1804 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, 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 .32915TH STREET. NEW CUMBERLAND, PA 17070. I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES C. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 LINDA L. HOOVER 329 15TH STREET NEW CUMBERLAND, PA 17070 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) BELCO COMMUNITY CREDIT UNION 403 NORTH 2ND STREET HARRISBURG, PA 17108 FIRST NATIONAL MORTGAGE CORP. P.O. BOX 9481 GAITHERSBURG, MD 20898-9481 235 NORTH 2NO STREET, P.O. BOX 1711 HARRISBURG, P A 17070 W A YPOINT BANK AND YORK FEDERAL SAVINGS AND LOAN . 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) FIRST NATIONWIDE MORTGAGE CORPORATION 400 CENTRAL AVENUE GREAT FALLS, MT 59401 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) None 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 329 15TH STREET NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland Connty 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisbnrg, 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. Mav 23. 2005 DATE W~ JL2~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ~;:; () L_:' -TJ C.i1 ---I "r' .Of" I" C (J> SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA nON OF HARRISBURG CUMBERLAND COUNTY Plaintiff, No. 05-1804 v. JAMES C. HOOVER LINDA L. HOOVER Defendant(s). May 23, 2005 TO: JAMES C. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 LINDA L. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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, 32915TH STREET, NEW CUMBERLAND. PA 17070. 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 $28,964.20 obtained by SOVEREIGN BANK. S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG (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 MAYBE 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, 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. I. 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 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 ALA WYER 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 A VENUE CUMBERLAND COUNTY COURTHOUSE I DESCRIPTIO~ ALL THAT CERTAIN IQt or lract ofland situate in the borough of New Cumberland. county of Cumbe.-Iand and state of Pennsylvania. more particularly bounded and described as follows according to a survey ofD. P. Rafensperger(49_29) dated March 4, 1974, to wi~ BBOINNING al a point on the northern side of 15" Street said point being 870.8 feed west of Bridge SIreet; thence extending along IS" Street south 62 degrees west 50 feet to . comer Qflot number 30 on the bereinaller mentioned plan oflols; lheIlce along 101 number 30 north 28 degrees west 195 feet to a point a comer; thence north 62 degrees east SO feet !Q a ""int of comer; thence extending through lot nwnber 31 on said plan south 28 degrees east 195 feet to the ""int and place Qfbeginnmg. Being a part of lot number 31 section E plan of hillside as recorded in the Cumberland County Recorder's Office in plan BOOK I, Page 75, Tax ID#26-23-Q54I.133 RECORD OWNER TITLE TO SAID PREMISES IS VESTlID IN lames C. Hoover and Unda L. lloov.... husband and wile, by Deed from 101m O. Osgood and Susan C_ Osgood, husband and wide, dated 06-29.79, and recorded 7-2.79 in Deed Book2gN, Page 39, PREMISES BEING: 329 15TH STREET, NEW CUMBERLAND, P A 17070 C) r~.) ".:-:;;. :'.:.J ,'-1 ;.:; -n ," e, ~:,./ C\': AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG PJT No. 05-1804 ACCT. #6817018331 DEFENDANT(S) JAMES C. HOOVER LINDA L. HOOVER Type of Action - Notice of Sheriff's Sale SERVE LINDA L. HOOVER AT: 329 15TH STREET NEW CUMBERLAND, P A 17070 Sale Date: SEPTEMBER 7, 2005 SERVED Served and made known to L i tJ ~.,. ~, ~oov -.: (L , 200Sat 7: 31- , o'clock I.m., at 3 ~ Cj / s-rf/", , Commonwealth of Pennsylvania, in the manner described below: , Defendant, on the I ~ ~ day of ~ ~ ~ 5<t-. ;J(>\;-) r\J.....~ beV't~w~ X. f Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: , II Height ~ _ ib.; . Weight 1...1S.... Race W,^ Sex Lather B\D5SL" S Age#- I, SV~ p.I c.~ h, .'.. ~ dY, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and c rrect copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. LUCUE NOTARW.SEAI. Sworn to and subscribed ~==:v before me this ~ d~ My ~ exph. 10,2001' of ~..;(> ,2005 ~ . , Notary:<~u,JL -'YJ6J=?r By: t1. ,~ PLEASE ATTEMPT SERVICE AT LE 3 TIMES. INDICATE TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.om., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 2nd Attempt: / / Time: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - 1.0. No. 62205 ------- ..._-' 9 "'"-;:-;: ~ ~ <c -? - - v) ~ :::;:t o .- ~ ~~ -01(3 -n \ -""'0 '~...... -:r:.--u S2D, d~.- , ,~ 9 ~ -.. (.~; ~t, -"-i --<. .{:"" A:'" AFFIDAVIT OF SERVICE PLAINTIFF SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY PJT No. 05-1804 ACCT. #6817018331 DEFENDANT(S) JAMES C. HOOVER LINDA L. HOOVER Type of Action - Notice of Sheriff's Sale SERVE JAMES C. HOOVER AT: 329 15TH STREET NEW CUMBERLAND, P A 17070 Sale Date: SEPTEMBER 7, 2005 Served and made known to --:1;....,u.. e .5 at 7 /.~4- , o'clockf.m, at 3Q1.Cj C', IJfl.. 7t, SERVED ~oo" t' (L , Defendant, on the ) sf-daY of UJE' ~ C~ ",,^\.o~v l ()\.! ~ I ~ t-J ~, 200J? , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. "f.. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant( s) reside( s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. }~> Description: Age A Height (;6 II Weight n.;s- Race ~ Sex Lather j \&'5S'C!' S' I, rl'Cl""-q...)c ~ L C~..~ I~', a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otIce ofShenffs Sale m the manner as set forth herem, Issued m the captIoned case on the date and at the address indicated above. l0;f~ . J...; ~ J,?- J-, ~cD~~ Other: Sworn to and subscribed before me this ~ ~ of -;r::; ~~ , 200~. Notary:~~ 'J.It~ By: P~EASE ATTEMPT SEtWICE AT LE TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.om., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 2nd Attempt: / / Time: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 <;2 '::.-:--..:::, r-'" c::::> 'f}. ~ ,-- :;;? - v:> ._-----~-'------. ~ .-\ ::k-n r;.C" -om -no (:..~ )-- .::::::. '---'. -r.....'f~ ""} :!-1 ':; 'i+. ..-\ ~ e ..> C? E:" ~ .---- IN THE COURT OF COMMON PLEAS OF CUMBERLAND> COUNTY, PENNSYLVANIA SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG ) CIVIL ACTION ) vs. ) CIVIL DIVISION ) NO. 05-1804 JAMES C. HOOVER LINDA L. HOOVER AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for SOVEREIGN BANK. S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG hereby verify that on 5/25/05 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, :and any known interested party see Exhibit "A" attached hereto. DATE: August 2. 2005 SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY COURT OF COMMON PLK\S Plaintiff, v. CIVIL DIVISION JAMES C. HOOVER LINDA L. HOOVER NO. 05-1804 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SOVEREIGN BANK. S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIAllPN OF HARRISBURG, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESt)i fIRE, sets forth as of the date the Praecipe for the Writ of Execution was filled the following inform:!' ,," concerning the real property located at ,329 15TH STREET, NI~W CUMBERLAND, P.,\.\7070 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably asceltained, please indicate) JAMES C. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 LINDA L. HOOVER 329 15TH STREET NEW CUMBERLAND, PA 17070 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 reconJ ik" .r I the real property to be sold: Name Last Known Address (if address cannot reasonably ascertained, please indicate) BELCO COMMUNITY CREDIT UNION 403 NORTH 2ND STREET HARRISBURG, P A 17108 FIRST NATIONAL MORTGAGE CORP. P.O. BOX 9481 GAlTHERSB1URG, MD 20898-948! WAYPOINT BANK AND YORK FEDERAL SAVINGS AND LOAN 235 NORTH 2ND STREET, P.O. nox I )! HARRISBURG, P A 17070 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST NATIONWIDE MORTGAGE CORPORATION 400 CENTRAL AVENUE GREAT FALLS, MT 59401 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) None 7. Name and address of every other person of whom the plaintiJThas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably asc:ertained, please indicate) Tenant/Occupant 329 15TH STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, ])A 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. Mav 23. 2005 DATE W~ J:L2~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ~. O",">Z ..,Qo" ."..-\ '" N - (J>~a .'0 - - - - '" CO -l ~ V< .. '" ~ to ~ ~;;. - - '" N - 0 0'" V< .. o..~; C\ ~ ~ Qo t~ g:s., ~ \ .. % % .,. ~ to >-l 8 0 ... "'-1?'" '<l~~ '<l . ~~~~ "'..-\ ~ lid 'f1 ~ ~ i ",-'",t" ~o \ ;~~ t 2_ E. ~ S~ trl "" \ig~ \\ Z~~ z () >-l ~ \ (' ~~ ~ \\ ~ '0 ~ ?:<l~~ ~s.. S _ >-l - ~ "'~... ~~. 00<;0 ~ ~ 'ti ,,~~~ ~ ~",,;~ o 0 f: 1- - ~ ~ 8" ~ ~ i. ~& g: ~ trl~~ Q, Z ." 'f.td\'\\l:' ~S ~ ~ "", ,,; rft ~ ""ocr 000 tE '& Q, 0 -w,~'A ~ ~ ~ 0 ~ .\>-<: ~ b t;l - % . t~%rt\ ~l () o ~ ~~ 1> ~ b '<l trl ~ ,,!l (") 'i. .(/1 i1 Cf.l g Q ~~ trl tj ~ <. ~ !!\ () trl se ~ () S. "r ." % ~ ~ trl g" . . ~ ~ _ r' z ,,; .. ~ ~ t ~ 9 0 0 ~ 0 '" z ~ (/I lJd 0 0 % ~ ~~ n i S Z ~n \ ~ "S ~ 0 '" ~~ >-l .. rft .. :<: .. CP g ~ - ~ - 0 ~\ '" Q. t, Q, z ~n\i;iI ~ s >-l ~ ~ wilI\~t ~ ~ ~" ~ ~ $ \i ~ ~ " ,,; ~ i\h\ ~ :I: " ""' ~ V> ~ ~~ ~ '8 S,ol:l Z 5 0 __~Y'gO ~ 9' ,,; ~ !~~~~ B (/I 0 0 ~.,,8og ~. rn >-l e ~ <;0 \~ 1 \:s :I: ~ ~ ~ N N 9' m ",,\?<i\ 0 CP "" N g.~\e ~ ~ '" ?>- ~ CO ~ <Vl1!, ';:l m -:0 - 0" <;t-Jt\I e, '<l .. -l \ ~ ~ ~ ~ \t f: CP - - 0 ~ CO \:'"' 9:\wg Y' ,,; fj\ <t .~ I>' '9 '65 ~ ~. <a~ ~ ~ _:Ci -;'1' <;0 ~ ,,; ~H~ V< ~ ?>- i %- '" ,..," ';:.g. ~ - :-a"<g '" - ,,; -l ~"" \"" - -l ?>- 0 ,\ ~~ - - - 3.~,...~' ;-' -l '" S',,~\ - :gg8 0 ~~h V> \~g~ ,.: 0 .- ~ ~,\\ ~\~\ l'A9 g \~.i ,.: 8"\\ lb.H. ~""-d 'CO 1 ~9: . , g ~ ~ cJ" ~:!! ~- ~ """01" ~.r\ c;? "7},r-i:. 0~' , ., '2; <D b _CI ~() -'-'\ ~ c5::l- ~c z.fA :vO - 0 ~ - -I .. ~ ::2 en r-> $ RECEIVED SEP 19 2005 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAN COUNTY, PENNSYL VANIA Sovereign Bank, SfB/M To First Federal Savings & Loan Association of Harrisburg Plaintiff : CNIL DIVISION Vs. James C. Hoover Linda L. Hoover Defendant : No. 05-1804 ORDER AND NOW, this ;z.J.I day of .syhJ-v ,2005, upon consideration of Plaintiffs Motion for Additional Distribution of Sale Proceeds and Brief in support thereof, and upon consideration of any Response, it is hereby: ORDERED and DECREED that the Sheriff of CUMBERLAND County is directed to distribute proceeds as follows: Principal Balance Interest to September 7, 2005 Late Charges Legal Fees and Foreclosure Costs $23,895.77 $3,785.67 $2,969.94 $4.019.00 Total $34,670.38 BY THE COURT: A/I J. CI~\P ~.tJ o It!i\N^1\Si\!N3d II~'(V-'" ("' '.,' ,..'cc,"',,, A1.l {I (.);,/ ,--','- '>~;::~sn: IV 8 S :Zll~d ZZ d3S SOOl 1J-!\-I'OW\'Ji'''C'1 :JHl JO ^..../.l. ;,\\",ii'l.t..\.,.IWO:! .;J TlLHO-(Bll:l / .' SOVEREIGN BANK, s/b/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : No. 05-1804 JAMES C. HOOVER and LINDA 1. HOOVER Defendants PETITION FOR SPECIAL RELIJi:F BY THE SHERIFF OF CUMBERLAND COUNTY AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward 1. Schorpp, Esquire, who prays this Honorable Court for an Order of Special Relief upon the following: I. R. Thomas Kline is the duly elected Sheriff of Cumberland County, Pennsylvania, with his Office in the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. 2. Central Penn Property Services, Inc. ("Central Penn"), is a Pennsylvania business corporation with principal offices at 100 South 7'" Street, Akron, Pennsylvania. 3. Central Penn is in the business of purchasing real properties at Sheriff sales. 4. Central Penn ostensibly purchased the real property which is the subject of the proceedings filed to the above number and term at the Sheriff's Sale of Real Properties on September 7,2005. 5. Central Penn has filed exceptions to the Schedule of Distribution posted by the Sheriff for this property. 6. The basis of Central Penn's exceptions is its belief that certain costs, to wit, poundage and realty transfer taxes, should have been deducted from the bid it tendered at the sale and not added to the amount of its bid. 7. There is attached hereto and marked Exhibit "A," a copy of the terms and conditions established by the Sheriff for all sales held on September 7, 2005. 8. Prior to the sale of the any property, Central :Penn informed the Sheriff of its objections to those terms and conditions with respect to poundage and realty transfer taxes. 9. No other party or person present or represented at the sale made objection to the Sheriff s terms and conditions of sale. 10. Notwithstanding Central Penn's objections, the Sheriff, through his Solicitor, announced that Central Penn's objections would not be honored and that all sales were offered on the terms and conditions set forth on Exhibit "A." 11. The auction sale of the subject property consisted of competitive bidding, whereby Central Penn ostensibly outlasted the other bidders for the property by offering the apparent high bid. 12. The next -highest bidder at the sale, the foreclosing creditor, did not protest the terms and conditions, thereby accepting the same. 13. This was a money made sale wherein the foreclosing creditor announced a "take-out amount which exceeded its debt, interest and costs, and was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 14. At the sale, Central Penn tendered a bid of $42,600.00, the foreclosing creditor's announced take-out amount. 15. The poundage on this sale is $852.00 and the realty transfer taxes total $2,258.40. 16. Should this Court uphold Central Penn's exceptions to the Sheriffs Schedule of Distribution, the sale will have been conducted under uncertain circumstances whereby the foreclosing creditor announced its take-out amount which was computed under terms and conditions different than those ultimately determined by the Court post -sale. 17. In the event the exceptions are upheld, the Court should order a resale of the subject property so as to assure a fair and equal sale under the circumstances and to protect the interests of the debtor and all other interested parties who may have bid an amount exceeding Central Penn's "net" bid had the terms and conditions been announced differently. 18. Pa. R.C.P. No. 3135(a) requires the Sheriff to file the Sheriffs Deed within ten (10) days of filing his Schedule of Distribution. 19. The Sheriff has not filed the Sheriffs Deed. 20. Under the circumstances, the Sheriff should not be required to file the Sheriff s Deed pending further order of court upon final resolution of the issues in this matter. WHEREFORE, the Sheriff of Cumberland County requests entry of an Order directing him to refrain from filing the Sheriffs Deed pending further Order of Court. ~~... Edward 1. Sc orpp, EsqUire Attorney LD. No.1 7495 35 South Thrush Drive Carlisle, P A 17013 Telephone: (717) 486-8386 Email: elschorpp@corncast.net Solicitor for the Office of the Sheriff VERIFICA nON I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. 1!~t< ~ R. Thomas KHne, Sheriff of Cumberland County Dated: /LJ /df/ /dr , Bidder # OFFICE OF THE SHERIFF CUMBERLAND COUNTY. PENNSYLVANIA TERMS AND CONDITIONS FOR THE SALE OF REAL ESTATE ON September 07. 2005 1. No person shall bid on a property unless first having registered with the Real Estate Deputy and signed a copy of these terms and conditions of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax parcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer lmocks down the property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be lmocked down in the manner resulting in the highest sale proceeds. 7. The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be performed on behalf of the Sheriff prior to distribution of sale proceeds. 8. A Schedule of Distribution will be filed on October 07, 2005 ,and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 1\ LJ \\ .61"1'/.6'/7 /7 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent ofthe purchase price or all costs, whichever is higher, shall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than September 23, 2005 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on September 28, 2005, at 10:00 A.M., prevailing time, in the Office of the Sheriff. 10. The Sheriff will not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instructions from the attorney for the execution creditor. 11. All properties are exposed for sale without any representation by the Sheriff as to the quality of titled offered. Bidders are cautioned to be familiar with the state of the title prior to making a bid. 1 HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOUND HEREBY: Date: Signature of Bidder/Attorney Printed Named Form ofIdentification Social Security Number/Attorney ID Number Address Telephone number SOVEREIGN BANK, slb/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA nON OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 05-1804 JAMES C. HOOVER and LINDA 1. HOOVER Defendants CERTIFICATE OF SERVICE I, Edward 1. Schorpp, Esquire, hereby certifY that I caused a true and correct copy of this Petition for Special Relief to be served upon the following by United States First Class Mail, postage prepaid on October .;?/ , 2005: James C. Hoover Linda 1. Hoover 329 15th Street New Cumberland, Pa 17070 Stephen M. Hladik, Esquire Kerns, Pearlstine, Onorato & Fath, LLP PO Box 0029 Lansdale, P A 19446-0029 Daniel Schmieg, Esquire Phelan, Hallinan & Schmieg 1617 John F. Kennedy Blvd., Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Dated: /cJ ~/-oS- ~~-- Edward 1. Schorpp, Esquire r ~;~; , ,.'.n rfl -2 1"-.1 , ') ';;;1 = !,~-.1 --1 .-1 ~(. in f'.) -" c~, 0, SOVEREIGN BANK, slb/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 05-1804 JAMES C. HOOVER and LINDA L. HOOVER Defendants RESPONSE OF THE SHERIFF OF CUMBERLAND COUNTY TO EXCEPTIONS OF CENTRAL PENN PROPERTY SERVICES. INC. AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, who responds to the exceptions of Central Penn Property Services, Inc., as follows: 1. Admitted in part and denied in part. It is admitted that Central Penn tendered the high dollar bid at the sale. It is denied that it purchased the property as set more fully explained hereafter. 2. Admitted. 3. Admitted, excepting that Central Penn did not object orally. 4. Admitted. 5. Admitted in part and denied in part. To the extent that this averment implies that it is "normal" is to take transfer taxes out of the bid such averment is denied. It is admitted that the taxes were taken out of the amount tendered, to wit, out of the $45,910.40. 6. Admitted in part and denied in part. Prior to making its bid, Central Penn was fully aware of the requirement to pay that amount in addition to its oral bid. Central Penn was not obligated to bid on the property and it could have chosen not to participate if it did not agree with the terms and conditions of sale. It is admitted that Central Penn was charged the poundage and transfer taxes in addition to its oral bid at the sale. The Sheriff did not honor Central Penn's objections, but announced that the sale would be offered upon the terms and conditions established by the Sheriff as more particularly specified on Exhibit "A" attached hereto and incorporated herein by reference. Central Penn did not pay under protest, but conveyed its objection to the terms and conditions to the Sheriff before the sale. Central Penn is not lawfully entitled to have the Schedule of Distribution amended. The averment of prejudice is a conclusion of law requiring no response herein. NEW MATTER 7. The terms and conditions for the sale of real estate as established by the Sheriff of Cumberland County are lawful. 8. No other party or person present or represented at the sale made objection to the Sheriff s terms and conditions of sale. 9. Notwithstanding Central Penn's objections, the Sheriff, through his Solicitor, announced that Central Penn's objections would not be honored and that all sales were offered on the terms and conditions set forth on Exhibit "A." lO. The auction sale of the subject property consisted of competitive bidding, whereby Central Penn ostensibly outlasted the other bidders for the property by offering the apparent high bid. 11. The next-highest competitive bidder at the sale did not protest the terms and conditions, thereby accepting the same. 12. The second highest bid was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 13. This was a money made sale wherein the foreclosing creditor announced a "take-out amount which exceeded its debt, interest and costs, and was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 14. At the sale, Central Penn tendered a bid of $42,600.00, the foreclosing creditor's announced take-out amount. 15. The poundage on this sale is $852.00 and the realty transfer taxes total $2,258.40. 16. Alternatively, should this Court uphold Central Penn's exceptions to the Sheriff's Schedule of Distribution, the sale will have been conducted under uncertain circumstances whereby the foreclosing creditor announced its take-out amount which was computed under terms and conditions different than those ultimately determined by the Court post-sale. 17. In the event the exceptions are upheld, the Court should order a resale of the subject property so as to assure a fair and equal sale under the circumstances and to protect the interests of the debtor and all other interested parties who may have bid an amount exceeding Central Penn's "net" bid had the terms and conditions been announced differently. WHEREFORE, the Sheriff of Cumberland County requests that the exceptions be dismissed. ~ff~ Edward L. Schorpp, Esquire Attorney J.D. No. 17495 35 South Thrush Drive Carlisle, P A 17013 Telephone: (717) 486-8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff , VERIFICA nON I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. f~d R. Thomas mine, Sheriff of Cumberland County Dated: /t:'J /.t:l/ ftd-- . Bidder # OFFICE OF THE SHERIFF CUMBERLAND COUNTY. PENNSYL VANIA TERMS AND CONDITIONS FOR THE SALE OF REAL ESTATE ON September 07. 2005 1. No person shall bid on a property unless first having registered with the Real Estate Deputy and signed a copy of these terms and conditions of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax parcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer knocks down the property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale ofthe property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds. 7. The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be performed on behalf of the Sheriff prior to distribution of sale proceeds. 8. A Schedule of Distribution will be filed on October 07,2005 and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. .6/-//.8'/"7 I~\\ ~ 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than September 23,2005 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on September 28,2005, at 10:00 A.M., prevailing time, in the Office of the Sheriff. 10. The Sheriff will not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instructions from the attorney for the execution creditor. 11. All properties are exposed for sale without any representation by the Sheriff as to the quality oftitled offered. Bidders are cautioned to be familiar with the state ofthe title prior to making a bid. I HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOUND HEREBY: Date: Signature of Bidder/Attorney Printed Named Form ofIdentification Social Security Number/Attorney ill Number Address Telephone number SOVEREIGN BANK, slb/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : No. 05-1804 JAMES C. HOOVER and LINDA L. HOOVER Defendants CERTIFICATE OF SERVICE I, Edward L. Schorpp, Esquire, hereby certify that I caused a true and correct copy of this Petition for Special Reliefto be served upon the following by United States First Class Mail, postage prepaid on Octoberc:2 / , 2005: James C. Hoover Linda L. Hoover 329 15th Street New Cumberland, Pa 17070 Stephen M. Hladik, Esquire Kerns, Pearlstine, Onorato & Fath, LLP PO Box 0029 Lansdale, P A 19446-0029 Daniel Schmieg, Esquire Phelan, Hallinan & Schmieg 1617 John F. Kennedy Blvd., Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Dated: /0 -;)/ -c:;s- ~~/~ Edward L. Schorpp, Esquire ----- (": F >~-; , - '-\ SOVEREIGN BANK, s/b/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG Plaintiff JAMES C. HOOVER and LINDA 1. HOOVER Defendants ();, RECEIVED OCT 2 200 BY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : No. 05-1804 ORDER OF COURT ANDNOW,this 21-' dayof 01:J-0-.-...... ,2005, upon consideration ofthewithin Petition for Special Relief, the Sheriff of Cumberland County is ordered to refrain from filing the Sheriffs Deed pending further Order of Court. ~cP \ () t-- dL J. .~), ': 1 f-:': I,' {- L ---- STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. SOVEREIGN BANK s/b/m FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No. 05-1804 v. JAMES C. HOOVER and LINDA L. HOOVER Defendants. PRAECIPE TO WITHDRAW EXCEPTIONS TO THE PROTHONOTARY: Kindly withdraw the Exceptions to Proposed Schedule's Distribution filed in the above-captioned matter. Kerns, Pearlstine, Onorato & Fath, LLP By: Stephen M. Hladik Attorney for Plaintiff ~I Dated: I I . 1.-, "(, , \ I ( ,- STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. SOVEREIGN BANK s/b/m FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No. 05-1804 v. JAMES C. HOOVER and LINDA L. HOOVER Defendants. CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Praecipe to Withdraw Exceptions to Proposed Schedule of Distribution on the following by United States First Class mail, postage pre-paid on \ ( \ .."V' , 2005: James C. Hoover Linda L. Hoover 329 15th Street New Cumberland, PA 17070 R. Thomas Kline, Sheriff One Courthouse Square Carlisle, PA 17013-3387 AND . Dated: \' \ ' ( ,~ "'-.: " Edward Schorpp Solicitor for Cumberland County Sheriff 35 South Thrush Drive Carlisle, PA 17013( lit\ I' I' ,J, Steph~~\M. Hladik, Esquire 2: ::< /'oj c;-;;> t-~ en o .." ::;:I rn :!] ,.- -,-.h'1 -60 (),i., -t -' i~,;}~4 3m ~ 1:1 -< Z (::J -=: I r -0 :.:t: N .. tj ~7" -. STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-9521 Attorney for Central Penn Property Services, Inc. SOVEREIGN BANK s/b/m FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No. 05-1804 v. JAMES C. HOOVER and LINDA L. HOOVER Defendants. STIPULATION AND ORDER TO VACATE PRIOR ORDER OF THE COURT WHEREAS, Central Penn Property Services, Inc. ("Central Penn") purchased the property which is the subject of the above-captioned matter at Sheriff's sale on September 7,2005; and WHEREAS, Central Penn filed Exceptions to the Proposed Schedule of Distribution; and WHEREAS, the Sheriff filed a Petition for Special Relief; and WHEREAS, the Court issued an Order dated October 27, 2005 directing the Sheriff to refrain from filing the Sheriff's Deed pending further Order of the Court; and WHEREAS, Central Penn has withdrawn its Exceptions to the Proposed Schedule of Distribution on November 4, 2005; and WHEREAS, the parties are desirous of settling this matter. NOW THEREFORE, the Sheriff of Cumberland County and Central Penn Property Services, Inc. hereby agree as follows: ! - Rx Date/Tim' DEC-16-2DD5(FRI) ID:30 _~ec 16 2005 10:38AM EDWARD 5CHORPP 7174868386 7174868386 OE(:14-~OOS(WEOl 11:40 Kerns Pe.rlstln. Onor.to & rath (rRXl~15 855 9J~1 1. .The Court's Order dated October 27, 2Q05 shall be vsr::ated. 2. The Sheriff shall be permitted to Issue ancl record the Sheriff's Deed for the property located at 329 FIfteenth Street, New Cumberland, PA to Central Penn. .. ... .. ._....--~we-haVe-.read-tI'1e-abcive-a9ree-to~same,-8y-slgnilig-below..y,e-comient that we have the authority to enter Inlo this agreement Facsimile signatures shall be deemed to constitute orlglnel signatures. By: roperty Services, Inc. B~~~O:;;Y6-c:J..r Edward l. Schorpp, esquire SoIIcftor for Cumberland County Sheriff AND NOW, this clay of December, 2005. upon consideration of the foregoing stipulation of the parties, the Stlpulallon Is hereby made an Order of the Court and the Order dated October 27, 2005 Is hereby Vacated. BY THE COURT: J. P. 002 p.2 PODS/ODS I [ I 1 [ . Cl C' I', " ...., C:~ <;;;.:;.1 c.n = ,." n N ~ =-' -1:""1' n'~- r- "T,m -5)0 ',.J(l. ~7 .:..;;- \ ~?~1; ~ ,~cn sJ ~D -< ..-"'" \0 o ...- . .. I, DEe 2 1 2005. \ Lf ) STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-9521 Attorney for Central Penn Property Services, Inc. SOVEREIGN BANK s/b/m FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No. 05-1804 v. JAMES C. HOOVER and LINDA L. HOOVER Defendants. STIPULATION AND ORDER TO VACATE PRIOR ORDER OF THE COURT WHEREAS, Central Penn Property Services, Inc. ("Central Penn") purchased the property which is the subject of the above-captioned matter at Sheriff's sale on September 7, 2005; and WHEREAS, Central Penn filed Exceptions to the Proposed Schedule of Distribution; and WHEREAS, the Sheriff filed a Petition for Special Relief; and WHEREAS, the Court issued an Order dated October 27, 2005 directing the Sheriff to refrain from filing the Sheriffs Deed pending further Order of the Court; and WHEREAS, Central Penn has withdrawn its Exceptions to the Proposed Schedule of Distribution on November 4, 2005; and WHEREAS, the parties are desirous of settling this matter. NOW THEREFORE, the Sheriff of Cumberland County and Central Penn Property Services, Inc. hereby agree as follows: ti ~ 1 tt -P~ ~: { ': ~"-) \' :i'~n:J 6 t: :Z iI J 0 S JJO ~ooz I p...' , n,;,,'. i ",.1 ::1I'j'l' -'0 ^:...Ji,'.\j) ;,./ll.~\J,..-1... .::J ;i~li:!::10-CEnU ..., COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Central Penn Property Ser Inc the grantee the same having been sold to said grantee on the 7th day of September A.D., 2005, under and by virtue of a writ Execution issued on the 26th day of May, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 1804, at the suit of Sovereign Bank slb/m to First Fed S & L Assoc ofHbg against James C Hoover & Linda L is duly recorded in Sheriffs Deed Book No. 272, Page 3809. IN TESTIMONY WHEREOF, I have hereunto set my hand L/. an eal of said office this 11 day of , ,A.D. .' Sovereign Bank, slb/m to First Federal Savings & Loan Association of Harrisburg VS James C. Hoover and Linda 1. Hoover The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1804 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2005 at 5:46 o'clock PM, she 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 defendants, to wit: James C. Hoover and Linda 1. Hoover, by making known unto Linda Hoover, personally and wife of James C. Hoover, at 329 15th Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 07, 2005 at 4:54 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 James C. Hoover and Linda 1. Hoover, located at 329 15th Street, New Cumberland, 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 ofthe pendency of the action to the within named defendants, to wit: James C. Hoover and Linda 1. Hoover, by regular mail to their last known address of 329 15th Street, New Cumberland, P A 17070. These letters were mailed under the date of July 05, 2005 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on September 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$42,600.00 to Andrew O'Dell for Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$45,910.40. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 852.00 15.00 15.00 30.00 10.00 .50 1.00 27.20 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 1.60 15.00 30.00 323.00 268.10 18.20 25.00 40.50 $ 1,702.10 Sworn and subscribed to before me 2006, A.D. so~~~ R. Thomas Kline, Sheriff wY--~ . ~ ((\.l J(,-0 '1 q 80 t.h..-~ 10...v' 11) n 1 t " SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION Oi" HARRISBURG CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JAMES C. HOOVER LINDA L. HOOVER NO. 05-1804 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) SOVEREIGN BANK., S!B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, 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 ,329 15TH STREET, NEW CUMBERLAND, P A 17070 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES C. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 LINDA L. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 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) BELCO COMMUNITY CREDIT UNION 403 NORTH 2ND STREET HARRISBURG, PA 17108 FIRST NATIONAL MORTGAGE CORP. P.O. BOX 9481 GAITHERSBURG, MD 20898-9481 W A YPOINT BANK AND YORK FEDERAL SAVINGS AND LOAN 235 NORTH 2ND STREET, P.O. BOX 1711 HARRISBURG, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT ..' COMMONWEALTH OF PENNSYL V ANI~) COUNTY OF CUMBERLAND) NO 05-1804 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, Plaintiff (s) From JAMES C. HOOVER AND LINDA L. HOOVER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attacIunent 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 attacIunent 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 $28, 964.20 L.L. $.50 Interest FROM 5/23/05 TO 917105 (PER DIEM - $4.76) - $509.32 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $138. 58 Other Costs Plaintiffpaid Date: MAY 26, 2005 CURTIS R. LONG (Seal) Prothonotary '-- By: -4/7 (J-q ~,2. f./lA.d. I Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADLEPHIA, PA 19103-t814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #52 On June 10, 2005 the Sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 329 15th Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10,2005 By:\JorL..JJ~) Real Est~t';- beputy ~G&\~~~ LZ :\! ",; . "; I LG " r",",' 1.,',,,,1 .l~'j.... ., t;.:;',,'\:::C;:C -,. " 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) FIRST NATIONWIDE MORTGAGE CORPORATION 400 CENTRAL A VENUE GREA T FALLS, MT 59401 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) None 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 329 15TH STREET NEW CUMBERLAND, PA 17070 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 ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 23. 2005 DATE rr~ Ji..J~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff \..' SOVEREIGN BANK, S/BfM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY No. 05-1804 Plaintiff, v. JAMES C. HOOVER LINDA L. HOOVER Defendant(s). May 23, 2005 TO: JAMES C. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 LINDA L. HOOVER 329 15TH STREET NEW CUMBERLAND, P A 17070 * *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, 32915TH STREET, NEW CUMBERLAND, PA 17070, 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 $28.964.20 obtained by SOVEREIGN BANK. S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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 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 ofthe 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 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 >>' DESCRIPTION ALL THAT CERTAIN lot or tract ofland situate in the borough of New CUmberland, county of Cumberland and stale of Pennsylvania, more particularly bounded and described os follows according 10 a survey ofD. P. Rafensperger (49-29) dated March 4, 1974, to wit: BEGINNING ala point on the nortltem side of 15~ Street said point being 870.8 feed west of Bridge Street; thence el\tending along IS" Sttcel s",,1b 62 degrees west 50 feet to a comer oflol number 30 on the hereinaftt:r mentioned plan of lots; then<:e al()ng lot Dumber 30 north 28 degrees west 195 feet to . poilit a comer; tben<:e north 62 degrees east 50 feet to. pomt of comer; thence exlending through lot Dumber 31 on said plan south 28 degrees east 195 feel to the point and place of beginning. Being a pari oflot number 31 section E plan of hillside as recorded in the Cumberland County ~cordeT's Omte in plan BOOK I, Page 75. TlllI lD# 26-23-'0541-133 RECORD OWNER mLE TO SAID PREMISES IS VESTED IN lames C. Hoover and Linda L. Hoover, husband and wife, by Deed from 10hn O. Osgood and Susan C. Osgood, husband and wide, dated 06-29-79, and recorded 7-2.79 in need Book 2gN, Page 39. PREMISES BEING: 32915TH STREET, NEW CUMBERLAND, PA 17070 . . 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 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 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 aod State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, aod 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 pnblished in their regular daily and/or Sunday! Metro editions which appeared on the 19th aod 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Compaoy is interested in the subject matter of said printed notice or advertising, aod that all of the allegations of this statement as to the time, place and character of publication are true; aod That he has personal knowledge of the facts aforesaid aod is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unaoimously 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 Miscellaneo Book "M", Volume 14, Page 317. COpy S ALE #52 Sworn to and s CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PUBLICATION Statement of Advertising Costs . To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 268.10 REAL ESTAlE SALE No. 52 W.. No. 2005-1804 eMIT..... Sovemgn 1l8nk, _ to Rrsl _ __and Loan As_on 01 Han18butg Va James C. Hoover and Unda L Hoover Atty: Danl"rSchmleg DESCRIPI10N ALL 1lIATCERTAIN 1<< or tnlct of land situate in the boroogb of New, Ounberland, cOW'lfy of Cumberland and m.i< of PenusyIvanu., .... particularly bounded-~ described as follows ~to.""'eyofDP.~(49-29) dated March 4, 1914,towit: BEGINNING at a point oolbe nmtbem side of l5thStreet said point being 870.8 feet west of Bridge ~ thence extending .!ong Illh S..., south 62 degrees west 50 feet to a comer aflot number 30 on the: hereinaftet mentioned plan of lots.; !hence along lot number 30 north 28 degrees west 195 feetto a point a comet; thence north 62 ~ east 50 feet to a pOint of corner; lbence extending tbrough lot number 31 OIl said plan south 28 degrees east 195 feet to t1wpoint and placeofbeginning.o Being.portnfIotDWllber31 sectionEpJano! Hillside as recorded in the: CUmberland County _'s Otlice in plan Book I,Page 75. rJIX ID# 26-23-C541-133 TlTI..ETO SAID PREMISES is vestOO in James C. Hoovtr and Liuda L. Hoover, husband and wife, by Deed from kbn 0, Osgood and Susan C. Osgood, imsb>lnd "'" wife, dared 06-29-79, and recnn1ed 7-2-79 in DiedBnnl.28N,Poee 39. PREMISES BEING: 329 Ildl _. N<w Cumberland,PA 1_. ---------~.- ". PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, v!z: July 15,22,29,2005 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. .~ ( , 1.v- (, ,- L' a Marie Coyne, E itor ( \:; SWO TO AND SUBSCRIBED before me this 29 day of Julv.2005 NOTARI SEAL LOIS E. SNYDER. Notary Public Carlisle BolO, Cumberland County My Commis.~ion Expires March 5. 2009 REAL ESTATE SALE NO. 52 Writ No. 2005-1804 Civil Sovereign Bank, s/b/m to First Federal Savings and Loan Association of Harrisburg VS. James C. Hoover and Linda L. Hoover Atty.: Daniel Schmieg DESCRIPTION ALL TI-lAT CERTAIN lot or tract of land situate in the borough of New Cumberland, county of Cumberland and state of Pennsylvania, more particularly bounded and described as follows according to a survey of D. P. Rafensperger (49-29) dated March 4. 1974, to wit: BEGINNING at a point on the northern side of 15th Street said point being 870.8 feed west of Bridge Street; thence extending along 15th Street south 62 degrees west 50 feet to a corner of lot num- ber 30 on the hereinafter mentioned plan of lots: thence along lot num- ber 30 north 28 degrees west 195 feet to a point a corner; thence north 62 degrees east 50 feet to a point of corner; thence extending through lot number 31 on said plan south 28 degrees east 195 feet to the point and place of beginning. Being a part of lot number 31 section E plan of hillside as re- corded in the Cumberland County Recorder's Office in plan BOOK 1. Page 75. Tax ID #26-23-0541-133. RECORD OWNER TiTLE TO SAID PREMISES IS VESTED IN James C. Hoover and Linda L. Hoover, husband and wife. by Deed from John Q. Osgood and Susan C. Osgood, husband and wife. dated 06-29-79, and recorded 7-2- 79 in Deed Book 28N, Page 39. PREMISES BEING: 329 15TH STREET. NEW CUMBERLAND. PA 17070. .. SCHEDULE OF DISTRIBUTION SALE NO. 52 Date Filed: October 7, 2005 Writ No. 2005-1804 Civil Term Sovereign Bank, slb/m to First Federal Savings & Loan Association of Harrisburg VS James C. Hoover and Linda 1. Hoover 329 15th Street New Cumberland, P A 17070 Sale Date: Buyer: Bid Price: September 7,2005 Central Penn Property Services, Inc. $42,600.00 Real Debt: Interest: Attorney Costs: $34,670.38 Total: $34,670.38 DISTRIBUTION: Receipts: Cash on account (06/10/2005): Cash on account (09/07/2005): Cash on account (09/22/2005): $ 1,500.00 4,260.00 41,650.40 Total Receipts: $47,410.40 .- Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax New Cumberland Borough Attorney Daniel Schmieg Sovereign Bank Greenwood Trust Company Discover Card Total Disbursements: Balance for distribution: So Answers: C~.~~~~ R. Thomas Kline Sheriff $ 1,702.10 200.00 1,129.20 1,129.20 119.86 1,500.00 34,670.38 6,959.66 ($47,410.40) 0.00 . . " TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 52 Held Wednesday, September 7, 2005 Date: September 7, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which John O. Osgood and Susan C, Osgood, his wife, by deed dated June 29, 1979 and recorded July 2, 1979 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book "N," Volume 28, Page 39, granted and conveyed to James C. Hoover and Linda 1. Hoover, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 15th Street. 6. Building restrictions, easements, and conditions as shown on or set forth with the Plan of Hillside, recorded in Plan Book I, Page 75. .' 7. Mortgage in the amount of $29.500.00 given by John O. Osgood and Susan C. Osgood, to Advance Mortgage Corporation dated March 27,1974, recorded March 28, 1974 in Mortgage Book 575, page 1071. Said mortgage was assigned to Advance Funding Corp. by instrument recorded in Miscellaneous Record Book 211, Page 444. Said mortgage was further assigned to Federal National Mortgage Corporation by instrument recorded in Miscellaneous Record Book 211, Page 45. Said mortgage was further assigned to First Nationwide Mortgage Corporation by instrument recorded in Miscellaneous Record Book 679, Page 2023. Complaint in mortgage foreclosure filed by First Nationwide Mortgage Corporation as Plaintiff against John O. Osgood, Susan C. Osgood, James Hoover and Linda Hoover, as Defendants on May 25, 2001, in the Office of the Prothonotary of Cumberland County to File No. 2001-3220. Judgment in the amount of $10,665.31 entered September 18, 2001. Further judgment entered by Order on February 4, 2004, in the amount of $21,056.51. 8. Mortgage in the amount of $51,000.00 given by James C. Hoover and Linda 1. Hoover to First Federal Savings and Loan Association of Harrisburg dated October 6, 1995, recorded October 11, 1995 in Mortgage Book 1286, Page 106. 9. Complaint filed by Sovereign Bank, successor by merger to First Federal Savings and Loan Association of Harrisburg as Plaintiff against James C. Hoover and Linda 1. Hoover as Defendants, in the in the Office of the Prothonotary of Cumberland County on April 6, 2005 to File No. 2005-1804. Judgment in the amount of $28,964.20 entered May 26, 2005. 10 Judgment in the amount of $7,642.05 entered by Greenwood Trust Company Discover Card as Plaintiff against James Hoover and Linda Hoover as Defendants, in the in the Office of the Prothonotary of Cumberland County on May 12, 1999 to File No. 1999-2888. 11. Judgment in the amount of $6,419.95 entered by Belco Community Credit Union as Plaintiff against James Hoover as Defendant in the in the Office of the Prothonotary of Cumberland County on February 9, 2002 to File No. 2000-771. Said judgment may be a lien on the above referenced property in the event of the death or divorce of Linda 1. Hoover. 12. Judgment in the amount of $791.16 entered by Whisler's Well Drilling as Plaintiff against James Hoover as Defendant in the in the Office of the Prothonotary of Cumberland County on March 29, 2001 to File No. 2001-1828. Said judgment may be a lien on the above referenced property in the event of the death or di vorce of Linda 1. Hoover. 13. Under and subject to building and use restrictions as set forth in Deed Book "H," Volume 9, Page 504. 14. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 15. Satisfactory evidence to be produced that the advertisement of the premises was sufficient despite the lack of any reference to improvements on the premises. 21. Real estate taxes accruing on and after January I, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. AD~.- Robert G. Frey, Agent Note: This Title Report shall not be v until countersigned by an authorized s id 0 binding ry. , . REAL ESTATE SALE NO. 52 Writ No. 2005-1804 Civil Sovereign Bank, s/b/m to First Federal Savings and Loan Association of Harrisburg vs. James C. Hoover and Linda L. Hoover Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the borough of New Cumberland, county of Cumberland and state of Pennsylvania, more particularly bounded and descrtbed as follows according to a survey of D. P. Rafensperger (49-29) dated March 4. 1974. to wit: BEGINNING at a point on the northern side of 15th Street said point being 870.8 feed west of Bridge Street; thence extending along 15th Street south 62 degrees west 50 feet to a corner of lot num- ber 30 on the hereinafter mentioned plan of lots; thence along lot num- ber 30 north 28 degrees west 195 feet to a point a corner: thence north 62 degrees east 50 feet to a point of corner; thence extending through lot number 31 on said plan south 28 degrees east 195 feet to the point and place of begJnn1ng. Being a part of lot number 31 section E plan of hillside as re- corded in the Cumberland County Recorder's Office in plan BOOK 1. Page 75. Tax ID #26-23-0541-133. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN James C. Hoover and Linda L. Hoover. husband and wife. by Deed from John O. Osgood and Susan C. Osgood. husband and wife. dated 06-29-79. and recorded 7-2- 79 in Deed Book 28N. Page 39. PREMISES BEING: 329 15TH STREET, NEW CUMBERLAND. PA 17070.