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HomeMy WebLinkAbout06-2351 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 134246 HSBC BANK USA 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM C!;u;l~82-~ v. NO. 0(" - :2J5/ CUMBERLAND COUNTY JOHN N. ETTER, JR. KIMBERLY S. ETTER NK/ A KIMBERLY S. HOFFMAN 301 STARNER STATION ROAD GARDNERS, P A 17324 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 134246 File #: ] 34246 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is HSBC BANK USA 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN N. ETfER, JR. KIMBERLY S. ETTER A/KJA KIMBERLY S. HOFFMAN 301 STARNER STATION ROAD GARDNERS,PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/23/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOME FUNDS DIRECT which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1899, Page; 1669. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 01/01/2006 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 #: 134246 6. The following amounts are due on the mortgage: Principal Balance Interest 12/0112005 through 04/25/2006 (Per Diem $44.28) Attorney's Fees Cumulative Late Charges 02/23/2005 to 04/25/2006 Cost of Suit and Title Search Subtotal $231,875.17 6,464.88 1,250.00 829.17 $ 550.00 $ 240,969.22 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 240,969.22 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 240,969.22, together with interest from 04/25/2006 at the rate of $44.28 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 fi" . /'" W~~. ./ +<:~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 134246 LEGAL DESCRIPTION ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, described according to survey of Thomas A. Neff, Registered Surveyor, dated June 28,1968, as follows: BEGINNING at a point in the center ofa public road at line oflands now or formerly of Richard Sweitzer; thence by said lands, North 63 degrees 56 minutes East 99.42 feet to a stake thence by same, North 19 degrees 10 minutes West 211.25 feet to a stake at a post; thence by the Reading Railroad, G. & H. Branch, the following four courses and distances: (I) North 35 degrees 35 minutes East 127.07 feet to a stake; (2) North 56 degrees 20 minutes East 99.00 feet to a stake; (3) North 67 degrees 20 minutes East 145.20 feet to a stake; (4) North 73 degrees 50 minutes East 153.45 feet to an iron pin; thence by lands now or formerly of S. Steel Cox, South 53 degrees 40 minutes East 170.65 feet to a stake; thence by other lands now or formerly of Mervin E. Showers, South 37 degrees 50 minutes West 716.64 feet to a stake in the western line of a public road; thence by the western line of said Public road, North 39 degrees 40 minutes West 160.78 feet to a stake in the western line of said road; thence by said road and lands now or formerly of Earl Stamer, North 47 degrees 45 minutes West 72.43 feet to a spike in the center of said pubic road, the place of BEGINNING. CONTAINING 4.483 acres. BEING the same premises which Helen B. Griffiths, by her attorney-in-fact, Richard H. Griffiths, by Deed dated June 17, 1983 which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 30-F, Page 1154, granted and conveyed to Robert E. Walter and Janet A. Walter, husband and wife, Grantors herein. PARCEL NO. 08-16-0212-034 PROPERTY BEING: 301 STARNER STATION ROAD File #: 134246 VF.RTFWATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. ~)ftL-, FRANCIS S. HALLINAN, ESQUIRE Attorney tor Plaintiff 11/J:'7(O>o DATE: I ,- ~.., , .;1 .~ (") ~ (c~ ;J ~ 0- *- :\L U( - -t:: c; :...~ --( --C) --cJ ~ .-Q r - \) ~ ~ ?2 -r-- ,- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 HSBC BANK USA 10790 RANCHO BERNARDO ROAD SAN DIEGO, CA 92127 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff. CIVIL DIVISION v. NO. 06-2351 JOHN N. ETTER, JR. KIMBERLY S. ETTER A1KJA KIMBERLY S. HOFFMAN . . 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 JOHN N. ETTER. JR. and KIMBERLY S. ETTER AIKIA KIMBERLY S. HOFFMAN, 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 4/26/06 to 6/22/06 TOTAL $240,969.22 $2,568.24 $243,537.46 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. JJfJJyuJ ~ tJ. j\('lurvu ~~ DANIEL G. SCHMIEG, ESQUIRE / Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE... )JII\c...2~ a06G:. f PRO PROTHY ~ PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PAl 91 03 (215) 563-7000 HSBC BANK USA ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. ; CUMBERLAND COUNTY JOHN N. ETTER, JR. KIMBERLY S. ETTER NK/ A KIMBERLY S. HOFFMAN ; NO. 06-2351 CIVIL TERM Defendants TO: JOHN N. ETTER, JR. 301 STARNER STATION ROAD GARDNERS. PA 17324 FILE COpy DATE OF NOTICE: MAY 23. 2006 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. IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAV" 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 MAYBE 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 LA WYER, 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 LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 )-;, . 5. ~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLfNAN & SCHMIEG, LLP - By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 HSBC BANK USA ATTORNEY FOR PLAfNTIFF : COURT OF COMMON PLEAS Plaintiff : C[VIL DlVIS[ON Vs. : CUMBERLAND COUNTY JOHN N. ETTER, JR. KIMBERLY S. ETTER AlK/A KIMBERLY S. HOFFMAN : NO. 06-2351 CIV[L TERM Defendants TO: KIMBERLY S. ETTER AlK/A KIMBERLY S. HOFFMAN 301 STARNER STATION ROAD GARDNERS. PA 17324 FILE COpy DATE OF NOTICE: MAY 23, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTfNG TO COLLECf A DEBT. TH[S NOTICE [S SENT TO YOU fN AN ATTEMPT TO COLLECf THE fNDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAfNED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN. BANKRUPTCY, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAfNST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FA [LED TO ENTER A WRITTEN APPEARANCE PERSONALL Y OR BY ATTORNEY AND F[LE [N WR[T[NG W[TH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACf W[TH[N TEN DAYS FROM THE DATE OF TH[S NOT[CE, A JUDGMENT MAYBE ENTERED AGA[NST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER [MPORT ANT R[GHTS. 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 fNFORMA T10N ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TH[S OFFICE MAYBE ABLE TO PROVIDE YOU WITH fNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 l-~~ 5. NolA- FRANCIS S. HALLfNAN, 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 HSBC BANK USA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-2351 JOHN N. ETTER, JR. KIMBERLY S. ETTER A1KJA KIMBERLY S. HOFFMAN . . Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: . (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN N. ETTER, JR. is over 18 years of age and resides at , 301 STARNER STATION ROAD, GARDNERS, P A 17324. (c) that defendant KIMBERLY S. ETTER A/K!A KIMBERLY S. HOFFMAN is over 18 years of age, and resides at , 301 STARNER STATION ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff (;~\t 1- CI't \Y r~~~ ~ ~ '3..J \l.l' ~ - ~ () ~~; '-." c:. c;:... -.n c- S; ;,'>.1 0\ \".- :r,;;O' -.". - CJ 1'0 ~c ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HSBC BANK USA CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-2351 JOHN N. ETTER, JR KIMBERLY S. ETTER AlK1A KIMBERLY S. HOFFMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on .J, ~.)~ 2 /_ 200{... By: ~~'K.~ If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 HSBC BANK USA Plaintiff, v. No. 06-2351 JOHN N. ETTER, JR. KIMBERLY S. ETTER A/K1A KIMBERLY S. HOFFMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PRornONOTARY: Issue writ of execution in the above matter: Amount Due $243,537.46 Interest from 6/22/06 to DECEMBER 6, 2006 (per diem -$40.03) $6,685.01 and Costs TOTAL $250,222.47 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ..r..r ~~ "'r- ~~ -<-< ~~ ~~ ~z 1 ~~ "" ~~ ..-. -< ~ ~ ii ~~ ~ % z~ ~~ rJ, s.... -i ~ ~ ~~ i ~i ~t ~iIl ~~ ~ ~\ \;Ol.a -< ~% ~% \\ ~ ill o .. \~ ? e ~ t.-< ~~ ~ ,;, ~ vZ ? ~~ ~ ~~ ..-.~ ~ ~~ Po ~~ 0) Ov v ~~ oii ~~ '0 ~~ ~ ~'6 ~ ....... ~-< ~ g~ ~ ~ ~ \;>1 0) u ~ ~i rJ, 1 1 ~ .... .it. ~ p.. ~\ 'f ~v \ ".. :;:;:) -!~ c<; c">J ~-. ,-' S? U,l(~': \.,2;;::'" - "" "" '- .... ~,,- ... .. .. ...,;X, .. - - J ~..;;:; \ ~~ 'i~\~i~ ~ ~ - N ... ... ~ ::: ~ ~ '::J .. .. ;:c::l.:.b! :5 ~ ->- "-, I I I I ....- a 'lI) t,L ....r;:J. /Q I <) c:;:,.~. 8 ~ S \) ~ r-' "'" ~, ,.... a ~ () u, ~ Vi ~ :! ti r;:j.. Cl ...j -:... . - ~ ~ 't1)- ~ '* - WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOO6-2351 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, Plaintiff (s) From JOHN N. ETTER, JR., KIMBERLY S. ETTER AIKlA KIMBERLY S. HOFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $243,537.46 L.L. $.50 Interest FROM 6/22/06 TO 12/6/06 (PER DIEM - $40,03) - $6,685.01 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $136.56 Other Costs Plaintiff Paid Date: JUNE 26, 2006 CURTIS R. LONG (Seal) prothon~ -...ny: (17 ~ _ 2. ~62A..". r---- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEV ARO, SUITE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ,. " HSBC BANK USA CUMBERLAND COUNTY Plaintiff, v. No. 06-2351 JOHN N. ETTER, JR. KIMBERLY S. ETTER A/KJA KIMBERLY S. HOFFMAN Defendant(s). June 22, 2006 TO: JOHN N. ETTER, JR. 301 STARNER STATION ROAD GARDNERS, PA 17324 KIMBERLY S. ETTER AIKIA KIMBERLY S. HOFFMAN 301 STARNER STATION ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ,. Your house (real estate) at. 301 STARNER STATION ROAD. GARDNERS. PA 17324. is scheduled to be sold at the Sheriff's Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $243.537.46 obtained by HSBC BANK USA (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 Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges. costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , " You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe 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, tlle buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the olaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 " , LEGAL DESCRIPTION ALL that certain tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania, described according to survey of Thomas A. Neff, Registered Surveyor, dated June 28,1968, as follows: BEGINNING at a point in the center ofa public road at line oflands now or formerly of Richard Sweitzer; thence by said lands, North 63 degrees 56 minutes East 99.42 feet to a state; thence by same, North 19 degrees 10 minutes West 211.25 feet to a stake at a post; thence by the Reading Railroad, G. & H. Branch, the following four courses and distances: (I) North 35 degrees 35 minutes East 127.07 feet to a stake; (2) North 56 degrees 20 minutes East 99.00 feet to a stake; (3) North 67 degrees 20 minutes East 145.20 feet to a stake; (4) North 73 degrees 50 minutes East 153.45 feet to an iron pin; thence by lands now or formerly of S. Steel Cox, South 53 degrees 40 minutes East 170.65 feet to a stake; thence by other lands now or formerly of Mervin E. Showers, South 37 degrees 50 minutes West 716.64 feet to a stake in the western line of a public road; thence by the western line of said Public road, North 39 degrees 40 minutes West 160.78 feet to a stake in the western line of said road; thence by said road and lands now or formerly of Earl Starner, North 47 degrees 45 minutes West 72.43 feet to a spike in the center of said pubic road, the place of BEGINNING. CONTAINING 4.483 acres. BEING the same premises which Helen B. Griffiths, by her attorney-in-fact, Richard H. Griffiths, by Deed dated June 17, 1983 which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 30-F, Page 1154, granted and conveyed to Robert E. Walter and Janet A. Walter, husband and wife, Grantors herein. P ARCEL IDENTIFICATION NO: 08-16-0212-034 CONTROL #: 08001700 PREMISES BEING: 301 STARNER STATION ROAD, GARDNERS, PA 17324. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John Etter and Kim Etter, husband and wife, by Deed from Robert E. Walter and Janet A. Walter, husband and wife, dated 4-26-04, recorded 5-3- 04, in Deed Book 262, page 3936. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Robert E. Walter and Janet A. Walter, his wife, by Deed from Helen B. Griffiths, through her Attorney in Fact, Richard H. Griffiths, dated 6-17-83, recorded 6-22-83, in Deed Book 30-F, page 1154. r - 0 ~, ,:> ":-:.':) c:~ "'1 n '~f'" ::!c1 (..;'" Co. ::;:1 c: !1,:I] f." 5'1 " 0'\ -'-. Jr1' ;~') ::;: .. 'r~ e. ) " 1 ~-~":~ r-" j~ -c 0 -< 9 HSBC BANK USA ... CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JOHN N. ETTER, JR. KIMBERLY S. ETTER NKlA KIMBERLY S. HOFFMAN CIVIL DIVISION NO. 06-2351 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) HSBC BANK USA, 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 .301 STARNER ST AnON ROAD. GARDNERS. P A 17324. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN N. ETTER, JR. 301 ST ARNER STATION ROAD GARDNERS, PA 17324 KIMBERLY S. ETTER AIKIA KIMBERLY S. HOFFMAN 301 STARNER STATION ROAD GARDNERS, P A 17324 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~ "- 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None S. 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 301 STARNER STATION ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 22. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~__"J ,....-~ i-:::) O"~ - , r"~) 0' () -" .... :1:-n \-.'\~ :~:'l,bJ. (;~ '?~~ C\ .:c) .-,;,rn , -=--\ ?rl -< t",) C-l 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 HSBC BANK USA Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN N. ETTER, JR. KIMBERLY S. ETTER AlKJA KIMBERLY S. HOFFMAN NO. 06-2351 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff c> -'n r<:: Ci" 1'0 C~' I AFFIDAVIT OF SERVICE PLAA"ITIFF HSBC BANK USA CUMBERLAND COUNTY / DEFENDANT(S) JOHN N. ETTER, JR. KIMBERLY S. ETTER AJKlA KIMBERLY S. HOFFMAN No. 06-2351 ?c\\?:ll:./3&.{;}l{(p ACCT. #20082400 SERVE: JOHN N. ETTER, JR. 301 STARNER STATION ROAD GARDNERS, PA 17324 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to ~...:> iJ. F -ff-e f-) 'Jf-, Defendant, on the at J I \ I q-, o'clock "a.m., at .:3 0 r '5~""1oJ e~ S <3 ~...,,-..} 15ft- -R~. J day of 'J"i\( ,200_" rl _ltJ. R5 LA:>- ~ Commonwealth of Pennsylvania, in the manner described below: ~Defendant personally served. \ . \' (\ Adult family member with whom Defendant(s) reside(s). Name and Relationship is '^' 'I!"" ~ Adult in charge ofDefendant(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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: . , I( Descri~ion: Age -4:D Height:J G Weight I ~ 0 Race 01) ~ Sex f Other -5 \'()<;; SeS I, C?,~, <...,~... }" . G1L~?/cafn~~dUIt, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manne .... case on the date and at the address indicated above. tICIIJ1II'lllM. . unl~H.CMIY.=NII U~I) CIlIllr Mr.'~I.. 10,- Sworn to and SU~c!j.ibed before m~ this r t- day Of~,20?J; ~ Notary:~ By: PLEASE A ITEMPT SERVICE A EA NOT SERVED On the day of ,200~at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" Attempt: / / Time: 2Dd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Daniel G. Sehmieg, Esquire - J.D. No. 62205 Q ~ """"- ~t:' ...jJ ,^ r-~ -y_:~ I~. ~<;~ :z "-' ..-:.'~ .,~.. - r-> = = "" ~ 2::: G? <.0) -0 :l!: '-:? N co Q. ..... m::rl hi =B9 ::),() -;::: 'll -:'\--n :/)0 ;c; rTl "" .",. ~ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF HSBC BANK USA I . No. 06-2351 DEFEl'l'bANT(S) JOHN N. ETTER, JR. KIMBERLY S. ETTER A/KJA KIMBERLY S. HOFFMAN ACCT. #20082400 SERVE: KIMBERLY S. ETTER AJKlA KIMBERLY S. HOFFMAN 301 STARNER STATION ROAD GARDNERS, PA 17324 Type of Action .. Notice of Sberifrs Sale Sale Date: DECEMBER 6, 2006 Served and made known to r. w{",e". ~ ,200.{; at I( \ I ~ o'clock am., at jo ( so" SERVED E 1\ el\ Defendant, on the /7f ~~l'''' f(~.) day of "J0\f Gd-R~ tve../tS '5~"Y")VelC.. , Commonwealth of Pennsylvania, in the manner described below: ~Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(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: u/\ S' " -0 tiJk F ~S"'''5' Description: Age ~ Height~ Weight J!:> Race Sex Other c:; I, C \~c.\.lrt. ~ '1..., G... \;la ~p~tent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe Notice fSheriffs Sale in t e " in the captioned case on the date and at the address indicated above. NOTARW. SEAL LUCUE H. CARTY. NIII 'Ii 10; Sworn to and Su/~Cfibed ~f~~, Notary: .. PLEASE ATTEMPT SERVICE T EAST 3 TIMES. INDICA TE DATES & ATTEMPTED. '--;BY:~ NOT SERVED On the day of ,200_, at o'clock __m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 151 Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 g -~ ~': 0:}\:' ' '.,,:;'-,,\., -'..- -', ~~;~ > ~~cc ~ <g. ~~, c.-- G"' V'J - ~~: (2~ ~ .4 q. 1-.2 -ottl, "0'-( -'!;)C' i:-7._1i .'\----D (2"0, -;'<-P' 9\ ~ 1'.) co -'0 -:;;~ Ul .. f SHERIFF'S RETURN - REGULAR " CASE NO: 2006-02351 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS ETTER JOHN N JR ET AL JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland CountYrPennsylvaniar who being duly sworn according to law, saysr the within COMPLAINT - MORT FORE was served upon ETTER JOHN N JR the DEFENDANT r at 0929:00 HOURSr on the 1st day of May r 2006 at 301 STARNER STATION ROAD GARDNERSr PA 17324 by handing to ROBERT HOFFMANr FATHER IN LAW a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ !J-j;''I/M" Sworn and Subscribed to before 18.00 10.56 .00 10.00 .00 38.56 ~rz=C.~~,~,~.~( /~-R' r ~:I' <.~, .~ R. Thomas Kline me this day of 05/02/2006 PHELAN HALLINAN SCHMIEG BY:~, D ty S erifI A.D. Prothonotary I, , SHERIFF'S RETURN - REGULAR CASE NO: 2006-02351 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS ETTER JOHN N JR ET AL JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ETTER KIMBERLY S AKA KIMBERLY S HOFFMAN the DEFENDANT , at 0929:00 HOURS, on the 1st day of February, 2006 at 301 STARNER STATION ROAD GARDNERS, PA 17324 by handing to ROBERT HOFFMAN, FATHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ 5/)'~/O~ 6.00 .00 .00 10.00 .00 16.00 _rc/ ./~. '" . ,fe' ...(;.~...-...--- <.", ,. R. Thomas Kline 05/02/2006 PHELAN HALLINAN SCHMIEG me this day of By, )01\'\\ ~J}}d iWmm ~ ~y Sheriff Sworn and Subscribed to before A.D. Prothonotary ,. : \ . HSBC Bank USA VS John N. Etter, Jr. and Kimberly S. Etter a/k/a Kimberly S. Hoffman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2351 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Handbill Advertising Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of bills 30.00 21.03 15.00 15.00 .50 1.00 14.96 15.00 30.00 521.00 393.26 15.94 $1,072.69 -/ tp- f ~I 0 Lf /0 (. SOAn~ r ~ .. R. Thomas Kline, Sheriff BY\.~~\VVl;~ Real Estat ergeant L sl) cr.:.. -; (, l{ '1 '-I ilL. ! F~I J3 .. I' , . . HSBC BANK USA CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JOHN N. ETTER, JR. KIMBERI.JY S. ETTER A/KiA KIMBERLY S. HOFFMAN CIVIL DIVISION NO. 06-2351 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) HSBC BANK USA, 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 ,301 STARNER STATION ROAD, GARDNERS. P A 17324. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN N. ETTER, JR. 301 STARNER STATION ROAD GARDNERS, PA 17324 KIMBERL Y S. ETTER AlKJA KIMBERLY S. HOFFMAN 301 STARNER STATION ROAD GARDNERS, PA 17324 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . .. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name 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) T enan tlOccu pan t 301 STARNER STATION ROAD GARDNERS, P A 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 22. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff , HSBC BANK USA CUMBERLAND COUNTY Plaintiff, v. No. 06-2351 JOHN N. ETTER, JR. KIMBERL Y S. ETTER A/KJA KIMBERLY S. HOFFMAN Defendant(s ). June 22, 2006 TO: JOHN N. ETTER, JR. 301 STARNER STATION ROAD GARDNERS, PA 17324 KI~IBERL Y S. ETTER AIKIA KIMBERLY S. HOFFMAN 301 STARNER STATION ROAD GARDNERS, P A 17324 * * THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A1TEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 301 STARNER STATION ROAD. GARDNERS. PA 17324. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $243.537.46 obtained by HSBC BANK USA (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: 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 caliing (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240~6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the.direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .. LEGAL DESCRIPTION ALL that certain tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania, described according to survey of Thomas A. Neff, Registered Surveyor, dated June 28, 1968, as follows: BEGINNING at a point in the center ofa public road at line of lands now or formerly of Richard Sweitzer; thence by said lands, North 63 degrees 56 minutes East 99.42 feet to a state; thence by same, North 19 degrees 10 minutes West 211.25 feet to a stake at a post; thence by the Reading Railroad, G. & H. Branch, the following four courses and distances: (1) North 35 degrees 35 minutes East 127.07 feet to a stake; (2) North 56 degrees 20 minutes East 99.00 feet to a stake; (3) North 67 degrees 20 minutes East 145.20 feet to a stake; (4) North 73 degrees 50 minutes East 153.45 feet to an iron pin; thence by lands now or formerly of S. Steel Cox, South 53 degrees 40 minutes East 170.65 feet to a stake; thence by other lands now or formerly of Mervin E. Showers, South 37 degrees 50 minutes West 716.64 feet to a stake in the western line of a public road; thence by the western line of said Public road, North 39 degrees 40 minutes West 160.78 feet to a stake in the western line of said road; thence by said road and lands now or formerly of Earl Stamer" North 47 degrees 45 minutes West 72.43 feet to a spike in the center of said pubic road, the place of BEGINNING. CONTAINING 4.483 acres. BEING the same premises which Helen B. Griffiths, by her attorney-in-fact, Richard H. Griffiths, by Deed dated June 17, 1983 which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 30-F, Page 1154, granted and conveyed to Robert E. Walter and Janet A. Walter, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 08-16-0212-034 CONTROL #: 08001700 PREMISES BEING: 301 STARNER STATION ROAD, GARDNERS, PA 17324. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN John Etter and Kim Etter, husband and wife, by Deed from Robert E. Walter and Janet A. Walter, husband and wife, dated 4-26-04, recorded 5-3- 04, in Deed Book 262, page 3936. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN RobertE. Walter and Janet A. Walter, his wife, by Deed from Helen B. Griffiths, through her Attorney in Fact, Richard H. Griffiths, dated 6-17-83, recorded 6-22-83, in Deed Book 30-F, page 1154. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-2351 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, Plaintiff (s) From JOHN N. ETTER, JR. , KIMBERLY S. ETTER A/K/A KIMBERLY S. HOFFMAN (1 ) You are directed to levy upon the property of the defendant (s )and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $243,537.46 L.L. $.50 Interest FROM 6/22/06 TO 12/6/06 (PER DIEM - $40.03) - $6,685.01 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $136.56 Plaintiff Paid Other Costs Date: JUNE 26, 2006 CURTIS R. LONG (Seal) Prothonotary <.... By: ;Z,a..,. D -P. 7".,z~<.t~/ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~~ ~~ Real Estate Sale # 08 On August 21, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, P A Known and numbered as 30 I Stamer Station Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 21,2006 By: L,- \ " VV\.AJ Real Estate Sergeant as :01 V L - lnr qaDZ ;[ i (J::';1:; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 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. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOT ARt L SEAL LOIS E. SNYDER, Notary PubJjc Carlisle Boro, Cumber1and County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 8 Writ No. 2006-2351 Civil HSBC Bank USA vs. John N. Etter. Jr. and Kimberly S. Etter ajkj a Kimberly S. Hoffman Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract ofland situ- ate in Dickinson Township, Cum- berland County, Pennsylvania, de- scribed according to survey of Tho- mas A. Neff. Registered Surveyor, dated June 28, 1968, as follows: BEGINNING at a point in the cen- ter of a public road at line of lands now or formerly of Richard Sweitzer; thence by said lands, North 63 de- grees 56 minutes East 99.42 feet to a state; thence by same. North 19 degrees 10 minut~s West 211.25 feet to a stake at a post; thence by the Reading Railroad, G. & H. Branch, the following four courses and distances: (1) North 35 degrees 35 minutes East 127.07 feet to a stake; (2) North 56 degrees 20 min- utes East 99.00 feet to a stake; (3) North 67 degrees 20 minutes East 145.20 feet to a stake; (4) North 73 degrees 50 minutes East 153.45 feet to an iron pin; thence by lands now or formerly of S. Steel Cox, South 53 degrees 40 minutes East 170.65 feet to a stake; thence by other lands now or formerly of Mervin E. Showers, South 37 de- grees 50 minutes West 716.64 feet to a stake in the western line of a public road; thence by the western line of said Public road, North 39 degrees 40 minutes West 160.78 feet to a slake in the western line of said road; thence by said road and lands now or formerly of Earl Starner, North 47 degrees 45 rrtin- utes West 72.43 feet to a spike in the center of said pubic road. the place of BEGINNING. CONTAINING 4.483 acres. BEING the same premises which Helen B. Griffiths. by her Attorney- in-fact, Richard H. Griffiths, by De~d dated June 17, 1983 which Deed is recorded in the Office of the Re- corder of Deeds in and for Cum- berland County in Deed Book 30-F. Page 1154, granted and conveyed to Robert E. Walter and Janet A. Waiter, husband and wife, Grant- ors herein. PARCEL IDENTIFICATION NO' 08- 10-02120:)4. CONTROL 0800 1700. PREMISES BEING: ~30 I STAR- NEE STATION ROAD, GARDNERS, FA 17324. RECORD OWNER TITLE TO SAlD PREMISES IS VESTED IN John Etter and Kim Etter, husband and wife, bv Deed from Robert E. Waller and J~et A. Walter, husband and wife, dated 4- 26-04, recorded 5-3-04, in Deed Book 262, page 3936. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Robert E. WaIter and Janet A. Walter, his wife. by Deed from Helen B. Griffiths, through her Attorney in Fact, Richard H. GriJTiths, dated 6-17-83, recorded 6-22-83, in Deed Book 30-F, page 1154 . . . . 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 and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14" Page 317. PUBLICATION COpy S ALE #8 .u?~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL ESTATE SALE t08 Wlft No... f ... CIvllTerm HS8C... USA Vs. John N. Etter, Jr. Kimberly S. Etter aNa Kimberly S. Hoffman . AIly:DenIeI9chmieg ~ AIL THAT CERTAIN traGt of land situate in Dickinson TownsMp, Cumberland CoUDty, Pennsylvania, deseribcd accmIing to survey of Thomas A. Neff. Registered Surveyor. dated June 28, 1968, as foHows: Beginning at a point in the center of a public road at line of lands now or fonnerly of Richard Swei1zer; t!It.In by said laads, North 63 degrees 56 minutes East lJlJ.42 feet to a stake; thence by same. North 19 degrees 10 minutes West 211.25 feet to a stake at a post; thence by the Reading Railroad, G. & H. Brandl, the fonowing foor courses and distaDces: (1) North 35 degrees 35 minutes East 127.ff1 feet tu a stake; (2) Nortb 56 degrees 20 minutes East 99.00 feet to a stake; (3) North 67 degrees 20minutts East 14510 feet to a stake; (4) North 73 degrees 50 minutes East 153.45 feet to an iron pin; thence by lands now or formerly of S. Steel Cox, South 53 degrees 40 minutes East 170.65 feet to a stake; thence by other landi.now otformmy ofMlivin E. Showers, Sooth .~ degrees 50 minutes West 716.64 feet to a stake in1be western line of a public road; thence)y the western !iDe of said Public road, North !g degrees 40 minutes West 160.78 feet to a stake in the western line of said road; thence by said road and lands now or formerly of Earl Starner, North 47 degrees 45 minutes West 72.43 feet to a spike in the center of said public road, the place of beginning. Containing 4.483 acres. Being the same premises which &len B. Griffiths, by her ~-ia:. ~ij!ud H. Griffiths, by Deed dated _ 17, 1~3 ..wtiich -. ~of ':. '..... ,. ........ ... ....... ..... to RobeIt.E. ....._._ ~ .. wife, GrantorShemft. PlIn:el 1.0. # 08-1(H)212-034 Control #: _1700 '-ises being: 301 Starner Station Road, o.Iners, PA 17324 TItle to said premist's is vested in John Etter and husband.. and Wife. by Deed from allll. J l~... A. Walter. ,husband and wife. 4-1i-M;~ Deed Book 262, . .36. . ~.to:=. '~.'.'...~.i~.R.~;en o? . - ~...... -rrlAm; ..... in Fact, .......8. ~.... 6-17-&3, RlCmIed 6-22-&3. in Deed loot JO.F. page 1lS4.