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HomeMy WebLinkAbout06-3567 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 135197 MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n '. . 1<..- NO. (') ~ . 35l-. 1 ~ CUMBERLAND COUNTY Plaintiff v. CHARLES S. HINKLE ELIZABETH L. HINKLE AJKJ A BETH L. HINKLE A/KJA ELIZABETH L. RAFFENSPERGER A/KJAELIZABETHL. BROWN 97 LEE ANN COURT ENOLA, P A 17025 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 #: 135197 File#, 135197 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: U.S. BANK HOME MORTGAGE P.O. BOX 20005 4801 FREDERICA STREET OWENSBOROUGH, KY 42301 2. The name(s) and last known address(es) of the Defendant(s) are: CHARLES S. HINKLE ELIZABETH 1. HINKLE AfKJ A BETH 1. HINKLE AfKJ A ELIZABETH 1. RAFFENSPERGER AfKJ A ELIZABETH 1. BROWN 97 LEE ANN COURT ENOLA,PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/06/2003 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. 1814, Page: 1410. 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 02/01/2006 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 #: 135197 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2006 through 06/20/2006 (Per Diem $13.74) Attorney's Fees Cumulative Late Charges 05/06/2003 to 06/20/2006 Cost of Suit and Title Search Subtotal $84,218.73 2,349.54 1,250.00 0.00 $ 550.00 $ 88,368.27 Escrow Credit Deficit Subtotal TOTAL 0.00 603.46 $ 603.46 $ 88,971. 73 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 corne 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 $ 88,971.73, together with interest from 06/20/2006 at the rate of$13.74 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<u>-S J~ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff F;le # 135197 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the point of intersection between the northerly line of Lee Ann Court and the line of adjoinder between Lots H-2 and H-3 on the hereinafter mentioned Plan of Lots; thence, North 41 degrees 27 minutes 51 seconds West by said line of ad joinder and through a party wall of townhouses erected on Lots H-2 and H-3 a distance of 145.53 feet to a point on the southerly right of way line for dedication ofMagaro Road; thence, by said southerly right of way line for dedication of Magaro Road on a curve to the left having a radius of 725 .00 feet a distance of 21.14 feet to a point marked by an iron pin; thence, North 42 degrees 46 minutes 39 seconds East by same a distance of 0.95 feet to a point; thence, South 41 degrees 27 minutes 51 seconds East by the line of ad joinder between Lots H-3 and H-4 and through a party wall of townhouses erected on Lots H-3 and H-4 a distance of 147.44 feet to a point on the northerly line of Lee Ann Court; thence, South 48 degrees 32 minutes 09 seconds West by said northerly line ofa distance of22.00 feet to the point and place of BEGINNING. BEING Lot No. H-3 on the Final Subdivision Plan for Sherwood Court, Phase One, dated April 19, 1993 and recorded in the Cumberland County Recorder of Deeds Offie in Plan Book 68, Page II. Having thereon erected a townhouse known and numbered as 97 Lee Ann Court. BEING THE SAME PREMISES which Ronald R. Sgrignoli and Mark R. Sgrignoli, Co-Partners, Vd/b/a F M & T Sgrignoli, a Partnership, by deed dated September 30, 1996 and recorded in the Officer of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 146, Page 992, granted and conveyed unto Charles S. Hinkle and Elizabeth 1. Brown, now known as Elizabeth 1. Hinkle, Grantors herein. File #: 135197 . WRTFIrA TION 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 infonnation 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 undersigtted understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. h)JtL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: (()/~fr (') r--> () t? ~ ~ , -n :-:M '.:;r~ ::::l ~ ~~' -, ;: c._ 8 ~ p;-, ~ l"'<> '" 1'0 - "" V-.> -, ..... ....) ::.: ..:. +- 19 2J '" ...0 U'\ ...., V''- (~) 'd co . .. 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-3567 CHARLES S. HINKLE ELIZABETH L. HINKLE AJKJA BETH L. HINKLE AIKIA ELIZABETH L. RAFFENSPERGER AlKlA ELIZABETH L. BROWN 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 CHARLES S. HINKLE and ELIZABETH L. HINKLE AlK/A BETH L. HINKLE AlK/A ELIZABETH L. RAFFENSPERGER AlK/A ELIZABETH L. BROWN, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 6/21/06 to 8/2/06 TOTAL $88,971.73 $590.82 $89,562.55 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. A) DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ /.,;;}(XX.. /S( tMZ-,,; ,C'. ~ PRO PROTHY p!' (.. . . ~ ~ ~ ~ ~ , f' ~~ CO') I ...1 :II" jO :s g - - ~ ~ .. (.,.) - . .. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-3567 v. CHARLES S. HINKLE ELIZABETH L. HINKLE A/KJA BETH L. HINKLE A/KJA ELIZABETH L. RAFFENSPERGER A/KJA ELIZABETH L. BROWN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ONf' / 200(.,. By: 15( (k"ZA "e~ DEPUTY /;f2.-L If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "TillS 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." . , 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 Philad~lphia, P A 19103 (? I 'i) <;/\1-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTROMC SYSTEMS, INC. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. ; CUMBERLAND COUNTY CHARLES S. HINKLE ELIZABETH L. HINKLE NK/A BETH L. HINKLE NK/A ELIZABETH L. RAFFENSPERGER NK/A ELIZABETH L. BROWN Defendants : NO. 06-3567-CIVIL TERM TO: CHARLES S. mNKLE 97 LEE ANN COURT ENOLA, PA 17025 DATEOFNOTICE:.JTTT.Vlll 200/\ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOT,,! ,,,,ENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HErO)', .';n ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOS1.l' '" i HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENC!c I>' OT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, Ill'; :"LY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPL\I,c\",j' PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFE~I',! " '1; OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEh !',., I, i)M THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEAl! :,". I, '.;'.' YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT II \. [' .'. I " NYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YO[.' ., ! ['!' INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRO\ I! i I: 'OU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PEl<Sf)~I; .\ j " REDUCED FEE OR NO FEE. CUMBERLAND COUNTY , LAWYER REFERRAL SERVICE ~ " CUMBERLAND COUNTY BAR ASSOCIATION (. (\ ~.. 32 SOUTH BEDFORD STREET (. \ \ .\. \) CARLISLE, PA 17013 , \"" (800)990-9108 FRANCIS S. HALLlN!\:\ i'cUUIRE Attorneys for Plaintiff . 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, PA 19103 () 1 <;) <;(;1-7000 ATTORNEY FORPLAINTWF MORTGAGE ELECTRONIC REGISTRATION :COURTOFCOMMONPLEAS SYSTEMS, INC. Plaintiff : CML DNlSION Vs. ; CUMBERLAND COUNTY CHARLES S. HINKLE ELIZABETH L. HINKLE NKJA BETH L. HINKLE NKJ A ELIZABETH L. RAFFENSPERGER NKJA ELIZABETH L. BROWN Defendants : NO. 06-3567-CML TERM TO: ELIZABETH L. HINKLE A/KJA BETH L. HINKLE A/KJA ELIZABETH L. RAFFENSPERGER AIKIA ELIZABETH L. BROWN 97 LEE ANN COURT ENOLA, PA 17025 DATEOFNOTlCE:.1TlT,VIR 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.W 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 DEF AUL T 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ~\~.,f C'?~~ n'../',) '.yo ....- 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 ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, v. NO. 06-3567 CHARLES S. HINKLE ELIZABETH L. HINKLE A1KJA BETH L. HINKLE A1K/A ELIZABETH L. RAFFENSPERGER AJKlA ELIZABETH L. BROWN 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 CHARLES S. HINKLE is over 18 years of age and resides at, 97 LEE ANN COURT, ENOLA, PA 17025. (c) that defendant ELIZABETH L. HINKLE AlK/A BETH L. HINKLE AlK/A ELIZABETH L. RAFFENSPERGER AlK/A ELIZABETH L. BROWN is over 18 years of age, and resides at l 97 LEE ANN COURT, ENOLA, P A 17025. This statement 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 -o~ ~ ~ = "" t ~ i ~ co n.1 C') ,~ ~5;' ~ , I 6.-:' ...J ~CJ ~ " ~o ~ >~ 0 " - ..... .. i ~ tI0 (.0) . - , ...... ~ ~ w ~ ~ "-C) ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 06-3567 CHARLES S. HINKLE ELIZABETH L. HINKLE AIKIA BETH L. HINKLE AIKIA ELIZABETH L. RAFFENSPERGER AIKIA ELIZABETH L. BROWN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $89,562.55 Interest from 8/2/06 to DECEMBER 6, 2006 (per diem -$14.72) $1,854.72 and Costs TOTAL $91,417.27 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 ~t the direction of the p~aintiff. It may not be sold in the absenc,e 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. z ~ \()\() ~ NN == = r--r-- ..... ..... .J << ~== ~~ ~~ ~~ ~:S ~~ z ...J...J 0 00 OZ ~ ~~ 00< . ~ ~ -d <> U ...J~ ~ r-:-~ ~ ==~ U ;> ~...J uZ ~1 I-< ~~ ~~< ~~ ~ ~~ ~ ~oo Z .. ~ta~ ~ ~ ~O ~ ZZ 000 8u .0 OZ ~~ r. ~ ~ ~t: ~~ ~~~ 0'U ~~ S ~ u~ == ~ ~ 50< ~ .. ~~ . " ~~ ~ o~ wi ~~~ ~~ ~ uz ~z ~ ~ g. ~~~ ~~ ~~ 0.. ~~ ~o ~ 00 ,,~ ~zoo 01:: r--r-- I-< U ~~ ~z ~ ~ ~~ ~ ~~ ==~ ~6 Cti ~~ ~~ u;~ ~ r/l ~ ~ 1 8; o~ U ..0 .t5 ~" ~. ~ ~ ""d ~~ ~~ - -< ~ ..... ~== ~ ~= ~ A z~ N~ ~~ ~~ ~~ U ~N + ~ ~ ~ oJ < ~ 3 . --!fJ. ~ C!l >- It') f:: 1 gi 0 "" v :::r ~ z " .... '- ~~ UJQ en ;;5 :::; .. ... ~ ... tv) 00 %: '-~ -7 :d~ C'( ~ r._)<: "- ....... l.L .:t: c:r " ~ ~ ~ ~ ~ fa ~.L.I- ~ ~~ :S~ (l=? -.. -.J ~.~ C,,!) TitD , , } <> ~ ~ a: FE ::::> () () 0 () () ~ :1- oct: ::::0 n... 0 ~ -.c ::?: <) Q ~ ~ U. <=:I => ti 0 LJ Lt ,~ ~ 0 = U . . cJ C"ooooI tJ) .....: . . ()- ~ -?- oJ tA ~ "i ~ ........ ...... 11) ~., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3567 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CHARLES S. HINKLE, ELIZABETH L. HINKLE A/K/A BETH L. HINKLE A/K/A ELIZABETH L. RAFFENSPERGER AlK/A ELIZABETH L. BROWN (l) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $89,562.55 L.L. $.50 Interest FROM 8/2/06 TO 12/6/06 (PER DIEM - $14.72) -- $1,854.72 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $139.20 Other Costs Plaintiff Paid Date: AUGUST 11, 2006 (Seal) Prothonotary By: 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 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CHARLES S. HINKLE ELIZABETH L. HINKLE AIKIA BETH L. HINKLE AIKIA ELIZABETH L. RAFFENSPERGER AIKIA ELIZABETH L. BROWN NO. 06-3567 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. s: -oc;::! ~2 ~J,:~ ~- " 0'1; . .....:, r.:; ~( /-'/-."j >c:= ~ ,.....::I c:=> = Q"\ ~ en ~ ~~ ~m ~6 ::::. -r~ .L""n ~~ ~ ~ ~ :x=- :x '!? o t.f\ . . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CHARLES S. HINKLE ELIZABETH L. HINKLE A/KJA BETH L. HINKLE A/K1A ELIZABETH L. RAFFENSPERGER A/KJA ELIZABETH L. BROWN NO. 06-3567 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .97 LEE ANN COURT. ENOLA. PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES S. HINKLE 97 LEE ANN COURT ENOLA, PA 17025 ELIZABETH L. HINKLE AfK/A BETH L. HINKLE AfK/A ELIZABETH L. RAFFENSPERGER AfK/A ELIZABETH L. BROWN 97 LEE ANN COURT ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . .. . - 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST TENNESSEE BANK NATIONAL ASSOCIATION 300 COURT AVENUE MEMPHIS, TN 38103 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 97 LEE ANN COURT ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 2. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff (') ~ lJ~ cnh L. z: UJ -<: r ;;C :g: t:2 2: =< . . ,..." c::;) c::;) Q'"\ :Do c:: G"> ~ ~ m.:!J ...,fn :09 ~6 ::r: "'-, ('J 1; ~7 ('5 Om ~ -< :t> ::Jit \.0 " o U'1 ... ... . ... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 06-3567 v. CHARLES S. HINKLE ELIZABETH L. HINKLE A/K1 A BETH L. HINKLE A/KIA ELIZABETH L. RAFFENSPERGER A/KIA ELIZABETH L. BROWN Defendant(s). August 2, 2006 TO: CHARLES S. HINKLE 97 LEE ANN COURT ENOLA, PA 17025 ELIZABETH L. HINKLE A/K1A BETH L. HINKLE A/KIA ELIZABETH L. RAFFENSPERGER A/K1A ELIZABETH L. BROWN 97 LEE ANN COURT ENOLA, PA 17025 **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. 97 LEE ANN COURT. ENOLA. PA 17025. 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 $89.562.55 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MA Y 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. . ~ . I.. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It 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 CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 (") c. s: -05:: fTln -;<" -', 65i~;. -<t.,. C''- "-....~ -, :.7 t.. ~_.o >~; ~:l -< .. , -". l"oo;) c=l <:::;) <::::7'" ".. c: <n ~ ~:D l:n ~~ -'- ......1 O. D 7m ~ ~ :::- :x \D .. o U1 SHERIFF'S RETURN - REGULAR ~ ~ CASE NO: 2006-03567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HINKLE CHARLES S ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HINKLE CHARLES S the DEFENDANT at 1752:00 HOURS, on the 26th day of June , 2006 at 97 LEE ANN COURT ENOLA, PA 17025 by handing to ELIZABETH HINKLE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 4- Sworn and Subscibed to 18.00 13.20 .00 10.00 .00 41.20v' 1-/'i ~bl.. l~?V~~ R. Thomas Kline before me this day 06/27/2006 PHELAN HALLINAN SCHMIEG BY'~r vd~. Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR ( ,CASE NO: 2006-03567 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HINKLE CHARLES S ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HINKLE ELIZABETH L AKA BETH L HINKLE AKA RAFFENSPERGER AKA B the DEFENDANT at 1752:00 HOURS, on the 26th day of June , 2006 at 97 LEE ANN COURT ENOLA, PA 17025 by handing to ELIZABETH HINKLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00v 06/27/2006 ;' PHELAN HALLINAN SCHMIEG '7/IC, 61.- By: ~k ~~- v Deputy Sheriff So Answers: _lO-.,.,.."."", ,#" . ~/ ~ ~:.J'" I,',:''''' ~ ~ "fJ" ..o;>;tJo 0:,::,,,,,...'"&'" ... ~ "! ~ ~~ ..:. ,c'.. 1:.. j ~ "'_'.' .._ R. Thomas Kline 9- Sworn and Subscibed to before me this day of A.D. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. LLD No. 06-3567 .. DEFENDANT(S) CHARLES S. HINKLE ELIZABETH L. HINKLE AlKJA BETH L. HINKLE ACCT. #4800081274 AlKJA ELIZABETH L. RAFFENSPERGER AlKJA ELIZABETH L. BROWN Type of Action - Notice of Sherifrs Sale SERVE: CHARLES S. HINKLE 97 LEE ANN COURT ENOLA, PA 17025 Sale Date: 12/6/06 SERVED Served and made known to CttG..t it S S. /..ft/1 ~{c ,Defendant,onthe I " at ~ 2..( , o'clock-e.m., at q7 Lee/?"" (Cc.(/"+ day of 4~"t S"f- , 20~ , Commonwealth ofPennsy]vania, in the manner described below: .A>efendant personally served. , v' Adult family member with whom Defendant(s) reside(s). Name and Relationship is Wl ..(f? 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: Description: Age /.ft)- $?J Height S '''{' I' W eight ~ Race V Sex F Other I, Dc.vL" J. ~c !,pf'f ..s , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct 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. By: i)~ ~ SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Stat~' OilS'!} , ,.,.'t" '15 p~:\p'(""t;. . I"V\ \1' ,... rnmmi~;i~I~'E;'~1~~5 June 16, 2000 U1\.me day of NOT SERVED , 200-, at o'clock _.m., Defendant NOT FOUND because; Moved Unknown No Answer Vacant 1 st Attempt: 2nd Attempt: I I Time: / 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 9 ~3;<' AFFIDAVIT OF SERVICE -. CUMBERLAND COUNTY PLAINTIFF . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. LLD No. 06-3567 # DEFENDANT(S) CHARLES S. HINKLE ELIZABETH L. HINKLE AIKlA BETH L. HINKLE AlKJA ELIZABETH L. RAFFENSPERGER AlKJA ELIZABETH L. BROWN ACCT. #4800081274 Type of Action - Notice of Sheriff's Sale SERVE: ELIZABETH L. HINKLE AlKlA BETH L. HINKLE AlKJA ELIZABETH L. RAFFENSPERGER AlKJA ELIZABETH L. BROWN Sale Date: 12/6/06 97 LEE ANN COURT ENOLA, P A 17025 SERVED Served and made known to EltzG. be-ll1. - ,20ob at ..::> : 2..1. o'clock .f.m., at L. 14.. "l k/ e , Defendant, on the q 1 L ee. r:1 11-"1 U!>CA rv- 1& day of A~~'{-7- ,Commonwealth of Pennsylvania, in the manner described below: ~efendant 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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 40-:>0 Height S-17'/ Weight (Cd Race V- Sex-.E.. Other I,~ c....v L: cl (2 obf/"'f S ,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe 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. f)~~ . ;' ~~, --:;j PAlF'-... hC'i<e.:S Commission Expires June 16, 2008 On the day of NOT SERVED ,200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: I I 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 1 r:?3~ (J 1"'-' .~~; ,;>:'" c' c; o -0 ~.. r-.::' I PHELAN HALLINAN & SCHMIEG, LLP " BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Charles S. Hinkle Elizabeth L. Hhinkle Defendant(s) No, 06-3567 PRAECIPE TO THE PROTHONOTARY: _Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. -X-Please mark Judgments satisfied and the Action settled, discontinued and ended. _ _Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. /~I/IuL Francis S. Hallinan, Esquire Attorney for Plaintiff Date:~ PHS# 135197 C~--: ~ ---< _J< .... .... . "" = c:> --.j s- _'......b1 ~ () -n :;3 m;2] ,)ill ~~ , )2] ,'>C) om -I .:1> :n -< -u -"'.'" -..:,;... w -.J . . Mortgage Electronic Registration Systems, Inc. VS Charles S. Hinkle and Elizabeth L. Hinkle a/k/a Anthony N. Thomas and Margaret M. Thomas In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3567 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 Share of bills 30.00 193.99 15.00 15.00 .50 1.00 26.40 15.00 30.00 199.00 15.94 $ 541.83 ./Cfv. I:J-!Of/b (, S.9.An~rs:~~ ~~ - " ~ R. Thomas Kline, Sheriff ByJcdvvj,~lh Real Estate ergeant /.;1) Ck SL Cf~~ ~. / ~ ~ 3 If.,. ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CHARLES S. HINKLE ELIZABETH L. HINKLE A/KJA BETH L. HINKLE AIKIA ELIZABETH L. RAFFENSPERGER AIKIA ELIZABETH L. BROWN NO. 06-3567 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC.. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .97 LEE ANN COURT. ENOLA. PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES S. HINKLE 97 LEE ANN COURT ENOLA, PA 17025 ELIZABETH L. HINKLE AlK/A BETH L. HINKLE AlK/A ELIZABETH L. RAFFENSPERGER AlK/A ELIZABETH L. BROWN 97 LEE ANN COURT ENOLA, P A 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. ~ 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST TENNESSEE BANK NATIONAL ASSOCIATION 300 COURT AVENUE MEMPHIS, TN 38103 5. Name and address of every other person who has any record Hen 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 plaintiffhas 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 97 LEE ANN COURT ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 2. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff b 0 :( d q I 90V qUOl ,/d ~/~l;ll hJ .,) \:,(~.:' l(j;I(j~"~lY-..i J.:m.13HS Jill .:JO J81JJO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 06-3567 v. CHARLES S. HINKLE ELIZABETH L. HINKLE A/KJA BETH L. HINKLE A/KJA ELIZABETH L. RAFFENSPERGER AlKlA ELIZABETH L. BROWN Defendant(s). August 2,2006 TO: CHARLES S. HINKLE 97 LEE ANN COURT ENOLA, PA 17025 ELIZABETH L. HINKLE A/KJA BETH L. HINKLE A/KJA ELIZABETH L. RAFFENSPERGER AlKlA ELIZABETH L. BROWN 97 LEE ANN COURT ENOLA, PA 17025 **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. 97 LEE ANN COURT. ENOLA. PA 17025. 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 $89.562.55 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MA Y 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, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance With this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It 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 of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the point of intersection between the northerly line of Lee Ann Court and the line of ad joinder between Lots H-2 and H-3 on the hereinafter mentioned Plan of Lots; thence, North 41 degrees 27 minutes 51 seconds West by said line of adjoinder and through a party wall of townhouses erected on LotsH-2 and H-3 a distance of 145.53 feet to a point on the southerly right of way line for dedication ofMagaro Road; thence, by said southerly right of way line for dedication of Magaro Road on a curve to the left having a radius of 725.00 feet a distance of 21.14 feet to a point marked by an iron pin; thence, North 42 degrees 46 minutes 39 seconds East by same a distance of 0.95 feet to a point; thence, South 41 degrees 27 minutes 51 seconds East by the line of adjoinder between Lots H-3 and H-4 and through a party wall of townhouses erected on Lots H-3 and H-4 a distance of 147.44 feet to a point on the northerly line of Lee Ann Court; thence, South 48 degrees 32 minutes 09 seconds West by said northerly line of a distance of 22.00 feet to the point and place of BEGINNING. BEING Lot No. H-3 on the Final Subdivision Plan for Sherwood Court, Phase One, dated April 19, 1993 and recorded in the Cumberland County Recorder of Deeds Offie in Plan Book 68, Page II. Having thereon erected a townhouse known and numbered as 97 Lee Ann Court. BEING THE SAME PREMISES which Ronald R. Sgrignoli and Mark R. Sgrignoli, Co-Partners, t/d/b/a F M & T Sgrignoli, a Partnership, by deed dated September 30, 1996 and recorded in the Officer of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 146, Page 992, granted and conveyed unto Charles S. Hinkle and Elizabeth L. Brown, now known as Elizabeth L. Hinkle, Grantors herein. PARCEL IDENTIFICATION NO: 09-15-1288-228 Control #: 09003392 PREMISES BEING: 97 LEE ANN COURT, ENOLA, PA 17025 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Charles S. Hinkle and Elizabeth L. Hinkle, his wife, by Deed from Charles S. Hinkle and Elizabeth L. Brown, n/kIa, Elizabeth L. Hinkle, dated 07/03/1998, recorded 07/09/1998, in Deed Book 181, page 38. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Charles S. Hinkle and Elizabeth L. Brown, single persons, as joint tenants with the right of survivorship, by Deed from Ronald R. Sgrignoli and Mark R. Sgrignoli, Co-Partners, t/d/b/a, F M & T Sgrignoli, a Partnership, dated 09/30/1996, recorded 10/0111996, in Deed Book 146, page 992. I o I :E d q I 9nV QOOl \ d i)\ 1 i u.) . '. i 1 d .J U ~,:~ j ~ ~ ; j,:.H'd3HS 3:11 JO ::J:JI.:UO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3567 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CHARLES S. IDNKLE, ELIZABETH L. HINKLE AlKlA BETH L. HINKLE AlKlA ELIZABETH L. RAFFENSPERGER A/KJA ELIZABETH L. BROWN (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $89,562.55 L.L. $.50 Interest FROM 8/2/06 TO 12/6/06 (PER DIEM - $14.72) -- $1,854.72 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Plaintiff Paid Date: AUGUST 11, 2006 Other Costs ~~~ (Seal) Prothonotary By: 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 # 05 On August 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 97 Lee Ann Court, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17, 2006 By: \J~QJ~ Re;l-:&t~te Sergeant b 0 :( d q I 9nV ~OOZ ., , .' ',.. " ,'.. . \~ ,;(iI.,II"" ij{J )~,.t~~:;L!d l,.;il! .1...,.1..)0" j",j .:U1B3HS 3Hl JO 3Jl.:l30 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe 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 tO~Y~A./ OltJ ~/Y)0 , Affiant further deposes that he is authorized to verify this statement by the Cumberland Law JoUrnal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ , ~ REAL ESTATE SALE NO. 5 Writ No. 2006-3567 Civil Mortgage Electronic Registration Systems. Inc. vs. Charles S. Hinkle and Elizabeth L. Hinkle ajkj a Beth L. Hinkle ajkj a Elizabeth L. Raffensperger ajkj a Elizabeth L. Brown Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL TIiAT CERTAIN tract of land situate in East Pennsboro Town- shi~, Cumberland County, Pennsyl- vanIa, more particularly bounded and described as follows. to Wit: BEGINNING at the point of in- tersection between the northerly line of Lee Ann Court and the line of adjoinder between Lots H-2 and H-3 on the hereinafter mentioned Plan of Lots; thence, North 41 de- grees 27 minutes 51 seconds West by said line of adjoinder and ,~()~rQ:i3,.E..~~ of townhouses SWORN TO AND SUBSCRIBED before me this dCLdayof &h.h.h) , d.tJtJ~ ~ NOT IAL SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5. 2009