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HomeMy WebLinkAbout06-4619 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Popular Financial Services, LLC 667/668 121 Woodcrest Road Cherry HiU, NJ 08003, Plaintiff, Vs. Lula M. Hutchison, Original Mortgagor and Real Owner 406 N. Earl Street Shippensburg, PA 17257, and Raymond Junior Hutchison, Real Owner 406 N. Earl Street Shippensburg, PA 17257, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: Dl- - J.j{.l'( CiOLLLeR...~ CIVIL ACTION 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, P A 17013 717-249-3166 A~AAAA~AAAA*************.~*L.LLAA************A.***AAAAAAAAAAAAAAAAAAAAAAA*AAAAAAAA**************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT *********A.AAAAAAAA****************AAAAAA~AAAAAAAlA*AAAAAAAAAA*A****AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482- I 400 Attorney for Plaintiff Popular Financial Services, LLC 667/668, 121 Woodcrest Road Cherry HiD, NJ 08003 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 0 {, - '16./9 (!:wJ -ri.u- Vs. Lula M. Hutchison, Original Mortgagor and Real Owner 406 N. Earl Street Shippensburg, P A 17257, CIVIL ACTION MORTGAGE FORECLOSURE and Raymond Junior Hutchison, Real Owner 406 N. Earl Street Shippensburg, P A 17257, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, Popular Financial Services, LLC 667/668 (the "Plaintiff'), is a Pennsylvania corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 121 Woodcrest Road, Cherry Hill, NJ 08003. 2. Defendants, Lula M. Hutchison, Original Mortgagor and Real Owner and Raymond Junior Hutchison, Real Owner, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Lula M. Hutchison, Original Mortgag~r and Real Owner, Defendant, resides at 406 N. Earl Street, Shippensburg, P A 17257. RaymOndl Junior Hutchison, Real Owner, Defendant, resides at 406 N. Earl Street, Shippensburg, PA f7257. , 4. On November 20, 2003, in consideration of a loan in the principal amount of $114,330.00, the Defendants executed and delivered to Equity One, Incorporated a note (the "Note") with interest thereon at 6.8200 percent per annum, payable as to the principal and interest in equal monthly installments of $746.87 commencing January 1,2004. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, as Nominee for Equity One, Incorporated a mortgage (the "Mortgage") dated November 20, 2003, recorded on November 25, 2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1846, Page 1948. Pursuant to Pa.R.c.p. 1019 (g) the mortgage is incorporated herein by reference. The Plaintiff is the proper party Plaintiff by way of Assignment of mortgage to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 234 Middle Spring Road, Shippensburg, P A 17257. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due October 1,2005, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance ofPrinci al Accrued but Unpaid Interest from 9/1/05 to 8/8/06 @ 6.8200% per annum ($20.96 per diem Accrued Late Char es Co rate Advance Escrow Advance Pre a ent Penal $112,170.87 $4,946.33 $373.40 $2,702.17 $1,018.72 $3,045.30 Title Search Fees $350.00 Reasonable Attornev's Fees $1,250.00 TOTAL as of 08/08/2006 125,856.79 Plus, the following amounts accrued after August 8, 2006: Interest at the Rate of 6.8200 per cent per annum ($20.96 per diem); Late Charges of$37.34 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 234 Middle Spring Road, Shippensburg, P A 17257 as well as to address of residences as listed in paragraph 3 of this document on March 23,2006, the notice pursuant to' 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $125,856.79, plus the following amounts accruing after August 8, 2006, to the date of judgment: (a) interest of $20.96 per day, (b) late charges of $37.34 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. VERIFICATION I, Pina S. Wertzberger, hereby certify that I am ~ Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. . 4904, relating to unsworn falsification to authorities. 1 "'. .'1." ~. '",' EXHIBIT A ALL,TH~..r 'CERTAIN PROPERTY SITUATED IN TIlE 'l'OWNSHlPOP ~PToN. IN TIlE COUNTY .OF CUMBERLl\NI) AND ~NWBALTH OP P~~IA.. BEING MORE.F1JLLY DESCRIBED I1f"A'DEKD DATED' O~/~~/1962' AND REOoRDBD 'o4/~1/~962, AMONG ~'~D RECORDS OP'!WVCOIlNTY i\NP:.~n SET fORTI! ABOVl:, IN'l;l1i:ED VOLUME an ANDPAGB.5.90.,', .'.' ,,, '. '. . . ,-. AIiilRE.Ss; 234 MIDDLE SPRING'RD; SHIPPE!lSBURG, TAX MAP OR PARCEL ID NO.. 39-29c2566-D02 'P:A In~7 " '. .... ,",..1 ". . :.... ", <'I"' ..,.......". ..;....;.<'. .,'.j-. "'\~10 'beT~ordec\ . '<'i'j~nd Cou~ty P A . . 1 -'..d' ~....Li....... I.,A<";- -7 :./ T- . i . /'~ : l'".> Recorder qfoeeds BKt&416Pfi13Slf '. !'. '~" ..! .-.,....: EXHIBIT A~ MARCH 23, 2006 ACT 91 iNOTICE TAKE ACTliON TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the momal!e of vour );!Ome is in default. and the lender intends to foreclose. Soecific infonnation about th~ nature of the default is Drovided in the attached Dal!es. The HOMEOWNER'S MORTGAGE ASSI~TANCE PROGRAM lHEMAP) mav be able to HelD save vour home. This notiqe eXD]ains how the Drol!J'lllll works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHlN 30 DAYS OF THE DATE OF TIllS NOTICE. Take this notice with vou when vou meet with the COunselinl! Al!encv. The name. address and Dhone number of Consumer Credit Counselinl! Al!encies servicin!! vour COunty are listed at the end of this Notice. Ifvou have anv Questions. vou mav call the Pennsylvania Housinl! Finance Al!eI\cvtoll free at ]-800-342-2397. rl'ersop.s with imnaired hew!! can call (7] 7) 780-]869. This Notice contains ]egal information. If you have 'any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE sVMA IMORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN $1 CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBirENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO EST A AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nillv1ERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL FROGRAMA LLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A ~DMIR SU HIPOTECA. MORTGAGOR'S NAME: MAILING ADDRESS: LOAN ACCT NO.: ORIGINAL LENDERlSERVICER: CURRENT LENDERlSERVICER: Lula M. H1utchison and Raymond Hutchison 406 N.l Street, Shippensburg, PA 17257-8144 9855499 Poplar F' cial Services, LLC Equity On , Inc. EXHIBIT 8 {00094490} YOU MAY BE ELIGffiLE FOR FINANCIAL j<\SSISTANCE wmCH CAN SA VB YOUR HOME FROM FORECLOSURE AND HELP YO~ MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS IIF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (dIE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOuR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELI(;ffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with Olle of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST CUR WITHIN THE 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGA E ASSISTANCE YOU BRING YOUR MORTGAGE UP TO DAlE. THE PART OF TH$ NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DAlE. CONSUMER CREDrr COUNSELING AGEN(j;IES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desil!llated consumer counselinl! lIl!encies for the county in which the Drooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeownefs Emergency Assistance Program Application with one of the designated consumer credit counseling a~encies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days ofy face-ta-face meeting. YOU MUST FILE YOUR APPLICATION PR MPTL Y. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINS YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGA ASSISTANCE Wll..L BE DENIED. {00094490} AGENCY ACTION- Available funds for emerg~ncy mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility Crit~' . a established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a dec sion after its receives your application. During that time, no foreclosure proceedings will be pursued a inst you if you have met the requirements set forth above. You will be notified directly by the Pennsy vania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FllJNG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PAQT IF THIS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A AITEMPT TO COLLECT TIlE DEBT. (If yon have fIled bankruptcy yon can still app1t for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it np to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 234 Middle Spring Road, Southampton, P A 17257 IS SERIOUSLY IN DEF AUL T because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: 10/1/05 thru 3/1/06 at $746.87 per month.. $4,481.22 Late Charges - $186.70 Recording Fees - $13.50 Corporate Advances - $23.00 TOTAL AMOUNT PAST DUE: $4,704.~12 HOW TO CURE THE DEFAULT- You may cwl: the default within THIRTY (30) DYS of the date of this notice BY PAYING THE TOTAL AMOUNt PAST DUE TO THE LENDER wmCH IS 54,704.42 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES wmCH BECOME DUE DURING THE THIRTY (30) DA t PERIOD. Pavments must be made either bv cash. cashier's check or money order made Davable and Sent to: One. Inc. Drive Suite 100 Je 08053 {00094490} IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THlRTY (30) DAYS of the date of this Notice, the lender intends to e ercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of . s debt will be considered due immediately and you may lose the chance to pay the mortgage in month y installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the nder also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged prope IF THE MORTGAGE IS FORECLOSED UP N - The mortgaged property will be sold by the Sheriff to payoff the mortgaged debt. If the lend refers your case to its attorneys, but you cure the delinquency before the lender begins legal proc ings against you, you will still be required to pay the reasonable attorney's fees that were actually inc ed, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reaso able attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees ill be added to the amount you owe the lender, which may also include other reasonable costs. If you cu the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES The lender y also sue you personally for the unpaid principal balance and all other sums due under the mortgag . RIGHT TO CURE THE DEFAULT PRIOR T THE SHERIFF'S SALE - If you have no cured the default within the THIRTY (30) DAY period and oreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past du , plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheri s Sale as specified in writing by the lender and by performing any other requirements under the mort age. Curing the default in the manner set forth in this notice will restore your mortgage to the sa e position as if you had never defaulted. EARLIEST POSSffiLE SHERIFF'S SALE DA - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be h ld would be approximately FIVE (5) months from the date of this Notice. A notice of the actual dat of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the def1 ult will increase the longer you wait. You may fmd out at any time exactly what the required payment f the action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Equity One, Inc. 30 I Lippincott Marlton, New Je 1-866-361-3460 Timothy Tracy ve, Suite 100 y 08053 Phone Number: Contact Person: EFFECT OF THE SHERIFF'S SALE - You sh uld realize that a Sheriff's Sale will end your ownership of the mortgaged property and your ri t to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you an your furnishings and other belongings could be started by the lender at any time. {00094490} , ASSUMPTION OF MORTGAGE - You may ot may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, protided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the ~ale and that the other requirements of the mortgage are satisfied. Please contact: I I Equity One, Inc. 301 Lippincott Drive, Suite 100 Marlton, NJ 08053 1-856-396-3606 YOU MAY ALSq HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAlN MONEW TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE TIDS DEFAULT CURED BY ANY PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. OWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE S IN ANY CALENDER YEAR) I TO ASSERT THE NONEXISTENCE OF A DEF{Ul-T IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER [IRE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELmVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER I TO SEEK PROTECTION UNDER THE FEDE~ BANKRUPTCY LAW I CONSUMER CREDIT COUNSELING AGENqIES SERVING YOUR COUNTY IS INCLUDED. ~l't/!c (~!JzUhlecdL1L ' Michael'J.~~L(~Esq. lfi Milstead & Associates, LLC {00094490} This is an attempt by a debt collector to colI a debt. Any information obtained will be used for that purpose. Unless you notify this office wi . thirty (30) days after receiving this notice that you dispute the validity of the debt or any po on thereof, this office will assume that this debt is valid. If you notify this office in writing wi . thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, s office will obtain verification of the debt and mail you a copy of such verification. Collecti n agencies are regulated by federal law which grants you certain rights. One of these is right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practi s, Washington, DC 20580. If you request this office in wriwig within thirty (30) days after r. eiving this notice, this office will provide you with a name and address of the original creditqr, if different from the current creditor. {OOO94490} CUMBERLANb COUNTY Adams County Housing Authority 139- 'N3 Ca"rl~le Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 11102 888-511-2221 Community Action Commission of Captlal Region 1514 DeITY Street Harrisburg, PA 11104 (711) 232-9151 Loveshlp, Inc. 2320 North 5th Street Harrisburg, PA 11110 (111) 232-2201 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (111) 162-3285 PHFA 211 North Front Street Harrisburg, PA 11110 800-342-2391 Effective 4/27/2004. 11:30:12 AM "P r.> t-'- Jv - ("'" i- '"'\;) - h - \.) . . - ~ ~ U\ C> ~ J g ~ ""0\),) 11\': \ \ ~/:~. :::.c",__. r;:;~ ~:,;':, i;. '~_..i "'-( } >~C': .~ ,c., :2. G '25 ~ g; ~ ~~ _ :B9 oS;Q ::e....\ ~ q1"> -;:tl: ;c,1'\'\ ~ 9. .' ~ N ;:.;c. ~..n BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Popular Financial Services, LLC 667/668, File 06-1-04816 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-4619 Civil Term Lula M. Hutchison, Original Mortgagor and Real Owner, and PRAECIPE TO DISMISS DEFENDANT, RAYMOND JUNIOR HUTCHINGSON, REAL OWNER, FROM FORECLOSURE ACTION WImOUT PREJUDICE Raymond Junior Hutchinson, Real Owner, Defendants. TO THE PROTHONOTARY: Kindly dismiss Defendant, Raymond Junior Hutchinson, Real Owner, only from the above captioned Mortgage Foreclosure Action without Prejudice. {OOI26233} Q c_ -~ "f:::~, -0(::' 12,\::,' ~;~ ./, ~(:( tL- V .~. ~ c:::::> c.~j 0" (/) f"'"'. -0 r--) (..ft -J -:>:. o -n .-~ 'X"n rne. -\.lp-, ~~~{~~. ':;:l:~j\ :::~\ ~:2: r:-? ;x;- BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Popular Financial Services, LLC 667/668, Attorney for Plaintiff File 06-1-04816 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-4619 Civil Term Lula M. Hutchison, Original Mortgagor and Real Owner, SUGGESTION OF DEATH and Raymond Junior Hutchinson, Real Owner, Defendants. SUGGESTION OF DEATH TO THE PROTHONOTARY: It is hereby suggested of record that Defendant, Raymond Junior Hutchinson and Lula M. Hutchinson, owned the mortgaged property being foreclosed upon in the herein foreclosure action known as 234 Middle Spring Road, Shippensburg, P A 17257 as joint tenants with the right of survivorship. It is further hereby suggested that Defendant, Raymond Junior Hutchinson, departed this life on July 4,2003, and, thus, title to the mortgaged premises vests solely in the Co-Defendant, Lula M. Hutchinson, joint tenant with the right of survivorship, by operation of law. Pina S_ Wertz rger, Esquire Attorney ID No. 77274 {00126239} Q f"-;:; :~- -ocr rnp ---? ;~~ ~~ ~,. (}!' -"~,. :~ ~~~- >c: '7 ::3 ..."'...., r--> = c.::> CT' (/) rI -0 N c.n ~ ....... :J:-n rn= 'T, --0 \:-\ :::r? ( ,.-J C' :.:j' -~~ .~~ '---' --I 2.0 :< -0 -'ii' ~~ N .. .- - . ...... ~ SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-04619 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND POPULAR FINANCIAL SERVICES VS HUTCHISON LULA M ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: HUTCHISON RAYMOND JUNIOR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , HUTCHISON RAYMOND JUNIOR 406 N EARL STEET SHIPPENSBURG, PA 17257 DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 County .00 '1-6-:-60 v'MILSTEAD & ASSOCIATES 08/18/2006 c;/~/fJ(' ~ Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - REGULAR .. CASE NO: 2006-04619 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POPULAR FINANCIAL SERVICES VS HUTCHISON LULA M ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUTCHISON LULA M the DEFENDANT , at 1045:00 HOURS, on the 17th day of August , 2006 at 406 N EARL STREET SHIPPENSBURG, PA 17257 by handing to LULA M HUTCHISON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff1s Costs: Docketing Service Affidavit Surcharge So Answers: ~ 18.00 17.60 .00 10.00 .00 45.60/' 08/18/2006 1/~/0<'" MILSTEAD & ASSOCIATES BY:~.,k -- -, Deputy ~-!:ilf -r-:- .,. // /~ .:r~,?z:d~<' /;r ~ R. Thomas Kline Sworn and Subscibed to before me this day of A.D. ....) ,;...., ~ .. MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Popular Financial Services, LLC 667/668 121 Woodcrest Road Cherry Hill, NJ 08003, Plaintiff, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. No.: 06-4619 Civil Term Lula M. Hutchison, Original Mortgagor and Real Owner 406 N. Earl Street Shippensburg, P A 17257, and Raymond Junior Hutchison, Real Owner, Deceased 406 N. Earl Street Shippensburg, P A 17257, Defendants. PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Lula M. Hutchison, Original Mortgagor and Real Owner, Defendant, for failure to file an Answer on 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 8/9/06 through 10/20/06 Late Charges Additional Corporate Advance TOTAL $125,856.79 1,509.12 74.68 4,834.80 $132,275.39 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accord ce wi ul 237.1. copy attached. Pina S. Wert erger, Esquire Attorney for Plaintiff DATE: ()c.,+:)4 ;)()CJ to I DAMAGES ARE HEREBY ASSESSED AS INDICA TED .. "" .- MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Popular Financial Services, LLC 667/668, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-4619 Civil Term Lula M. Hutchison, Original Mortgagor and Real Owner, and Raymond Junior Hutchison, Real Owner, Defendant( s ). TO: Lula M. Hutchison, Original Mortgagor and Real Owner 406 N. Earl Street Shippensburg, P A 17257 DATE OF NOTICE: September 8. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED 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. {00123888} Page 1 of 2 . ~. ... .. . IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, P A 17013 717-249-3166 Pina S. Wertzberger, Esquire # 77274 {00123888} Page 2 of 2 .... . . MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Popular Financial Services, LLC 667/668, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-4619 Civil Term Lula M. Hutchison, Original Mortgagor and Real Owner, and Raymond Junior Hutchison, Real Owner, Deceased, Defendants. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Lula M. Hutchison, Original Mortgagor and Real Owner, is over 18 years of age and resides at 406 N. Earl Street, Shippensburg, PA 17257, ~ () t~ \ OQ ~ .t: f' 7'J ~ ~ ~ QJ' ~ , ~ J:: lw (> .(Q. ...() . ~ F ~ -- (') C ? -uiS,.' ITlr" -;7'-' 7r- <;;:'~:r: ct,', ~.~, ZL. ):>- c.::: 7": :2 !'-oJ <::::) c;::J Q""' o C'? --4 N .&:"" o -n .~ :r::o n'r -0'''' :;';0 :2 (':> :1- -1"', "' ~-n 90 2m 9 ?n ~ :pot :I: C3 N \.D 4 \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ! CIVIL ACTION I Popular Financial Services, LLC 667/668, Plaintiff, I NO.: 06-4619 Civil Term I I : PRAECIPE FOR WRIT OF EXECUTION I (Mortgage Foreclosure) I I I I I I I I I Vs. Lula M. Hutchison, Original Mortgagor and Real Owner and Raymond Junior Hutchison, Real Owner, Deceased, Defendants. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Lula M. Hutchison, Original Mortgagor and Real Owner Raymond Junior Hutchison, Real Owner, Deceased Real Property involved: 234 Middle Spring Road Shippensburg, P A 17257 Amount Due Interest from 8/9/06 to Date of Sale at $21.74 per diem $132,275.39 TOTAL (Costs to be added) Respectively submitted, Milstea Associates, LLC DATE: October 20, 2006 Pina S. Wertz erger, Esquire Attorney for laintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 o ~ ~ ~ 1l ~ (D - ~ ~ ~ tv t-~(); s e. +- 11 l -f::).~ . . C, Q e. c p~ -6q. ~........~---- ~.AJ...otl'\"'!'1~ {' ~ c '", (, f' D o C' ~ () CO\)") I \ I \ I ~p:::' ~ ~ ~~~:t:) "'o::J-F- :.~~"'~ .. ... () c s: -oeD mr!i Z-r ~~:~ -< r::: ~~ ~ .< .. It g ~ c::r" g ~::n -I -0 hi N :::D.Y .s::- 0 r, :-I ~~ ;:po ~ :lJ 3 ";;;.0 arM <2 ~;; N ~ \D . , ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of the public road leading from Shippensburg to Newburg, being Route 696, at corner ofland formerly of Raymond C. Hutchison and Bessie M. Hutchison, his wife, now of Kenneth Swartz; thence along the land of the said Kenneth Swarty South eighty-seven (87) degrees West, a distance of one hundred thirty (130) feet to an iron pin at other land of Raymond C. Hutchison and Bessie M. Hutchison, his wife, Grantors herein; thence by the same South twenty-four (24) degrees four (4) minutes West, a distance of one hundred (100) feet to a point at line of other land of Raymond Junior Hutchison and Lula M. Hutchison, his wife, Grantees herein; thence by the same North eighty-seven (87) degrees East, a distance of one hundred thirty (130) feet to an iron pin in the center ofthe aforesaid public road; thence along the center ofthe aforesaid public road North twenty-four (24) degrees four (4) minutes East, a distance of one hundred (100) feet to an iron pin, the place of Beginning. Pursuant to survey of John H. Atherton, R.P.S. dated February 21, 1957. Being known as 234 Middle Spring Road, Shippensburg, P A 17257 Tax Parcel Number: 39-29-2566-002 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-4619 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR FINANCIAL SERVICES, LLC 667/668, Plaintiff (s) From LULA M. HUTCmSON, ORIGINAL MORTGAGOR AND REAL OWNER AND RAYMOND JUNIOR HUTCmSON, REAL OWNER, DECEASED (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an 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 $132,275.39 L.L. $.50 Interest FROM 8/9/06 TO DATE OF SALE AT $21.74 PER DIEM Atty's Comm % Arty Paid $143.60 Plaintiff Paid Date: OCTOBER 24, 2006 Due Prothy $1.00 Other Costs ( Seal) By: Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-4619 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR FINANCIAL SERVICES, LLC 667/668, Plaintiff (8) From LULA M. HUTCHISON, ORIGINAL MORTGAGOR AND REAL OWNER AND RAYMOND JUNIOR HUTCHISON, REAL OWNER, DECEASED (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $132,275.39 L.L. $.50 Interest FROM 8/9/06 TO DATE OF SALE AT $21.74 PER DIEM Atty's Corum % Atty Paid $143.60 Plaintiff Paid Date: OCTOBER 24, 2006 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 JOo ~ t. MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Popular Financial Services, LLC 667/668, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 06-4619 Civil Term Vs. Lula M. Hutchison, Original Mortgagor and Real Owner AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 and Raymond Junior Hutchison, Real Owner, Deceased, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Popular Financial Services, LLC 667/668, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 234 Middle Spring Road, Shippensburg, P A 17257: 1. Name and address ofOwners(s) or Reputed Owner(s): Lula M. Hutchison, Original Mortgagor and Real Owner 406 N. Earl Street Shippensburg, PA 17257 Raymond Junior Hutchison, Real Owner, Deceased 2. Name and address of Defendant(s) in the Judgment: Same as above , ... 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: Popular Financial Services, LLC 667/668 (Plaintiff herein) 121 W oodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 234 Middle Spring Road Shippensburg, P A 17257 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the 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. Section 4904 relating to unsworn falsification to authorities. Date: October 20, 2006 (") c ~,.. \) (1; r'1r:: ~:~:' r: ::o:~~ ..-'> -- 7' :--{.) Pr-- :Z :2 .. ......, <:::> <:::> 0"' o CJ -.of N .r:- o -n -t :l:-n n1- r- -om ::uC 01 :::'::' ~r' :-~l' :.:J [J Zn,) O' J;! ::0 -< ~ ~ <2 l'0 \.D . r MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Popular Financial Services, LLC 667/668 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. : No.: 06-4619 Civil Term Lula M Hutchison, Original Mortgagor and Real Owner, : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 and Raymond Junior Hutchison, Real Owner, Deceased, Defendant(s) TAKE NOTICE: Your house (real estate) at 234 Middle Spring Road, Shippensburg, P A 17257 is scheduled to be sold at Sheriffs Sale on March 7, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of$ 132,275.39 obtained by Popular Financial Services, LLC 667/668. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 next page and 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 bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only ifthe Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482- 1400. 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 a 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 on a date specified by the Sheriff not later than 30 days after 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. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 06-1-04816 . ..... ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of the public road leading from Shippensburg to Newburg, being Route 696, at corner ofland formerly of Raymond C. Hutchison and Bessie M. Hutchison, his wife, now of Kenneth Swartz; thence along the land of the said Kenneth Swarty South eighty-seven (87) degrees West, a distance of one hundred thirty (130) feet to an iron pin at other land of Raymond C. Hutchison and Bessie M. Hutchison, his wife, Grantors herein; thence by the same South twenty-four (24) degrees four (4) minutes West, a distance of one hundred (100) feet to a point at line of other land of Raymond Junior Hutchison and Lula M. Hutchison, his wife, Grantees herein; thence by the same North eighty-seven (87) degrees East, a distance of one hundred thirty (130) feet to an iron pin in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-four (24) degrees four (4) minutes East, a distance of one hundred (100) feet to an iron pin, the place of Beginning. Pursuant to survey of John H. Atherton, R.P.S. dated February 21, 1957. Being known as 234 Middle Spring Road, Shippensburg, P A 17257 Tax Parcel Number: 39-29-2566-002 (") C ~fi ~~{ , (..; C:.' ::3 -, r-..;l = = 0""' o ("'") -l T".' ~ ~ -I ~~ rn -00 ~1] \ '-....lCl .-:::-l-Tt "- -1'1 :~~ :::-~ "1:> :.n -< ):;m. :1f. 23 r-., \J:) ,,' ~ MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Popular Financial Services, LLC 667/668, . COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. NO.: 06-4619 Civil Term Lula M. Hutchison, Original Mortgagor and Real Owner AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 and Raymond Junior Hutchison, Real Owner. Deceased, Defendants. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Pina S. Wertzberger, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On December 15, 2006, a copy ofthe Notice of Sheriffs Sale of Real Property was served upon the defendant, Lula M. Hutchison, Original Mortgagor and Real Owner, by the Sheriff's Office of Cumberland County. A copy of the Sheriff's return is attached hereto and made a part hereof as Exhibit "A". 2. On October 26, 2006, a notice of Sheriff s Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". Dated: February 28,2007 .. Popular Financial Services, LLC VS Lula M. Hutchison and Raymond Junior Hutchison (Deceased) In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4619 Civil Term (\ O~~\ ~ William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 15,2006 at 1443 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lula M. Hutchison, by making known unto Lula M. Hutchison personally, at 406 North Earl Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2007 at 1811 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lula M. Hutchison and Raymond Junior Hutchison (Deceased) located at 234 Middle Spring Road, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Lula M. Hutchison, by regular mail to her last known address of 406 N. Earl Street, Shippensburg, PA 17257. 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IIIII' m c::> -0 ?! ~(Il :::l;(Jl B c c; 01110 ., 06.; . CD ~... .,,;0 CD . lII::o =.~ o )( -I/> ~; %':~ o - ~ ! -l C'l % (i" I/> g, S iii ~ .,,(Jl CD' ClIO .,,(Jl CD' CII~ \ ~ ~\ ~ 3. 0 I\) I ~ :; \ ." I CD CD ~; ~ = ---> ~~; 0J N 4J :J;r.. w ., N <::> COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Popular Financial Serv LLC 667/668 is the grantee the same having been sold to said grantee on the 7th day of march A.D., 2007, under and by virtue of a writ Execution issued on the 24th day of oct, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 4619, at the suit of Popular Financial Serv LLC 667/668 against Lulu M Hutchison is duly recorded in Deed Book No. 279, Page 1233. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;2.3 day of ~ ,A.D. ~ol ~ ~ <4~ fltcotdtrol CUmbelllndColllly,.PA Rec er of Deeds My ~I the FirIt MoftdiyolJln.2010 .'" MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Popular Financial Services, LLC 667/668, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 06-4619 Civil Term Vs. Lula M. Hutchison, Original Mortgagor and Real Owner AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 and Raymond Junior Hutchison, Real Owner, Deceased, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Popular Financial Services, LLC 667/668, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 234 Middle Spring Road, Shippensburg, P A 17257: 1. Name and address ofOwners(s) or Reputed Owner(s): Lilla M. Hutchison, Original Mortgagor and Real Owner 406 N. Earl Street Shippensburg, P A 17257 Raymond Junior Hutchison, Real Owner, Deceased 2. Name and address of Defendant(s) in the Judgment: Same as above ~ 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: Popular Financial Services, LLC 667/668 (Plaintiff herein) 121 W oodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 234 Middle Spring Road Shippensburg, P A 17257 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, P A 17105 I verify that the statements made in the 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. Section 4904 relating to unsworn falsification to authorities. Date: October 20,2006 MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney rD# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Popular Financial Services, LLC 667/668 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. : No.: 06-4619 Civil Term Lula M Hutchison, Original Mortgagor and Real Owner, : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO P A.R.C.P. 3129 and Raymond Junior Hutchison, Real Owner, Deceased, Defendant(s) TAKE NOTICE: Your house (real estate) at 234 Middle Spring Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on March 7,2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of$ 132,275.39 obtained by Popular Financial Services, LLC 667/668. 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 Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 next page and 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482- 1400. 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 a 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 on a date specified by the Sheriff not later than 30 days after 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. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE TillS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 06-1-04816 ALL THAT CERTAIN tract ofland situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of the public road leading from Shippensburg to Newburg, being Route 696, at corner ofland formerly of Raymond C. Hutchison and Bessie M. Hutchison, his wife, now of Kenneth Swartz; thence along the land of the said Kenneth Swarty South eighty-seven (87) degrees West, a distance of one hundred thirty (130) feet to an iron pin at other land of Raymond C. Hutchison and Bessie M. Hutchison, his wife, Grantors herein; thence by the same South twenty-four (24) degrees four (4) minutes West, a distance of one hundred (100) feet to a point at line of other land of Raymond Junior Hutchison and Lula M. Hutchison, his wife, Grantees herein; thence by the same North eighty-seven (87) degrees East, a distance of one hundred thirty (130) feet to an iron pin in the center of the aforesaid public road; thence along the center of the aforesaid public road North twenty-four (24) degrees four (4) minutes East, a distance of one hundred (100) feet to an iron pin, the place of Beginning. Pursuant to survey of John H. Atherton, R.P.S. dated February 21, 1957. Being known as 234 Middle Spring Road, Shippensburg, P A 17257 Tax Parcel Number: 39-29-2566-002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4619 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR FINANCIAL SERVICES, LLC 667/668, Plaintiff (s) From LULA M. HUTCHISON, ORIGINAL MORTGAGOR AND REAL OWNER AND RAYMOND JUNIOR HUTCHISON, REAL OWNER, DECEASED (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 $132,275.39 1.1. $.50 Interest FROM 8/9/06 TO DATE OF SALE AT $21.74 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $143.60 Other Costs Plaintiff Paid Date: OCTOBER 24, 2006 (Seal) By: Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 <---- TRUE COpy FROM RECORD , Testhhunywhe,'(,~r "---... Hf!to set nay har nd ........ seaI~S"". .; l'..rllAlA PI '~- -~~~ Pmth""""n, ~ ~ ~ ~ Real Estate Sale # 38 On November 07,2006 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 234 Middle Spring Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 06, 2006 BY:J~\x'f\A-r+ll Real Estat~;~t-- q Z : II '\J I - hON qOOZ ;.v0 . /~ 1- .:l.:!ltl3H~; , 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 smce; 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 24th and 31st day(s) of January and the 7th day(s) of February 2007. 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 #38 -; ALL 11IA1' ",-...,WIIiIIIIe ill Sl ~. 1 . .......... (h,A .... QJIlly, r-"I.-. ......... . tIIllr:dIed 81 faIows: ............~J!iI....~afllll: .... __ ....._ _ """ II: ........~~...~....c( ..1!8.l . .,,~.. c.~...... :..lt~ .II~""""" ~~-laadci_~.lIilr-:til.~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . .. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 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: January 26, February 2 and February 9,2007 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. 38 TO AND SUBSCRIBED before me this day of February, 2007 Writ No. 2006-4619 Civil Popular Financial Services. LLC vs. Lula M. Hutchison and Raymond Junior Hutchison (Deceased) Atty.: Pina Wertzberger ALL TIiAT CERTAIN tract of land situate in Southampton Township. Cumberland County. Pennsylvania. bounded and described as follows: BEGINNING at an iron pin in the center of the public road leading from Shippensburg to Newburg. being Route 696, at comer of land formerly of Raymond C. Hutchison and Bessie M. Hutchison. his wife. now of Kenneth Swartz; thence along the land of the said Kenneth Swarty South eighty-seven (87) de- grees West. a distance of one hun- dred thirty (130) feet to an iron pin at other land of Raymond C. Hutchison and Bessie M. Hutchison. NOTARIA SEAL lOtS E. SNYDER, Notary Public CarNsle Boro, Cumberland County My Commission Expires March 5, 2009