The URL can be used to link to this page

Home My WebLink About06-5136MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS TRUST COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. : No. 0 G - 5/3 G C,i, ftJ 7. MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICES c/o Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Notice Required Under the Fair Debt Collection Practices Act. 15 U.S.C &1601 (as amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 73 Pa.Con.Stat.Ann. 4201, et seq. ("The Acts"). To the extent that the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law firm, unless the debtors/mortgagors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors/mortgagors notify the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. - 2 - 5. If the creditor who is named as Plaintiff in the attached Complaint is not the original creditor, and if the debtor/mortgagor makes written request to the creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6. Written request should be addressed to: Marc A. Hess, Esquire HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and - 3 - MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff VS. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 0 L - 613 L Ct ,,-4 7;,. IN MORTGAGE FORECLOSURE COMPLAINT 1. The Plaintiff is Manufacturers and Traders Trust Company, a New York banking corporation, successor by merger to Pennsylvania National Bank and Trust Company, with an office located at M&T Bank, Special Assets, 213 Market Street, Troup Building - 4s' Floor, Harrisburg, Pennsylvania 17101-2141. 2. The Defendant, Michael S. Hillegas, is an adult individual, the Mortgagor and a real owner, last known to reside at 724 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Defendant, Sharon S. Hillegas, is an adult individual and a real owner of the mortgaged real property described below, last known to reside at 724 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 4. On or about September 30, 1997, the Plaintiff loaned to Mishar Productions, Inc. the sum of One Hundred Fifty Thousand Dollars ($150,000.00), pursuant to the terms of a Note, a true and correct of which is attached hereto as Exhibit "A" and incorporated herein by reference. 5. Contemporaneously with the execution of the aforesaid Note, in order to secure payment of the Note, Defendant, Michael S. Hillegas, made, executed and delivered to the Plaintiff a real estate Mortgage dated September 30, 1997, which was recorded on October 6, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 1409 at Page 127, et seq. (the "Mortgage"), conveying to the Plaintiff a security interest in the real estate described therein and commonly known and numbered as 724 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 6. The Mortgage has not been assigned. 7. The premises subject to the Mortgage is a certain lot and piece of ground situate at 724 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070, as more particularly described on Exhibit "B" attached hereto. 8. At the time the Mortgage was executed and recorded in favor of Plaintiff, Michael S. Hillegas was the sole real owner of the property. Subsequent to the recording of Plaintiffs Mortgage as referenced above, the Defendant, Michael S. Hillegas conveyed title to the property from himself to Michael S. Hillegas and Sharon S. Hillegas, husband and wife, Grantees. The Defendants are the current and present owners of the premises subject to the Mortgage. 9. The Mortgage, Exhibit "B" attached hereto, is in default as the Defendant, Michael S. Hillegas, has not made a payment on the Note, as the last payment tendered to the Plaintiff was - 2 - tendered January 5, 2006, which payment did not represent a full payment of principal and interest due. 10. The terms of the Mortgage provide that in the event of default the Mortgagor shall be liable for Plaintiffs costs and attorney's fees. 11. As a result of the default in the Note and Mortgage, the following amounts are due and owing: Principal - $ 97,324.48 Interest to 8/25/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,000.00 Total - $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. 12. For purposes of this action, the Bank believes and therefore avers that Two Thousand Dollars ($2,000.00) constitutes reasonable attorney's fees for enforcing the Mortgage. However, the Bank recognizes that it is restricted by law to those attorney's fees that are actually incurred. If those fees are less than Two Thousand Dollars ($2,000.00), the Bank agrees to adjust its demand for attorney's fees, if applicable, at the time of payment or adjustment. If the Bank's actual attorney's fees are in excess of Two Thousand Dollars ($2,000.00) the Bank believes it has a right to recover the same and therefore makes demand for payment thereof. 13. No judgment has been entered upon the said Mortgage in any jurisdiction. - 3 - 14. Notice of intention to foreclose and to accelerate the loan balance has not been given to the Defendants as the provisions of Section 403 of Pennsylvania Act No. 6 of 1974, do not apply since the loan was in excess of Fifty Thousand Dollars ($50,000.00). Further, this action is not subject to the provisions of the Pennsylvania Homeowner's Emergency Assistant Act, enacted December 23, 1983, P.L. 385, No. 991 (35 P.S. §1680.401(c), et seq.) as the aggregate amount of arrearages due to the Mortgagee is in excess of Sixty Thousand Dollars ($60,000.00) and the property is encumbered by more than two (2) mortgages other than a mortgage filed by the Pennsylvania Housing Finance Agency. 15. To the best of the undersigned's knowledge and belief, Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the provisions of the Soldiers and Sailors Relief Act of 1940, as amended. 16. Notice pursuant to Federal Fair Debt Collection Practices Act 15 U.S.C. S 1692, et se g. 1977. This is an attempt to collect a debt. Any information received by the undersigned will be used for the purpose of collecting the debt set forth herein. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this Complaint, we will assume the debt to be valid. If within the thirty (30) day period you dispute the debt or any portion thereof, you are entitled to a written verification of the debt. If the current creditor is not the original creditor on this account, we will also advise you, upon request, of the name and address of the original creditor. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above in the Notice to Plead, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. - 4 - WHEREFORE, Plaintiff demands that judgment be entered in mortgage foreclosure in favor of the Plaintiff and against the Defendants, Michael S. Hillegas and Sharon S. Hillegas, in the amount of: Principal - $ 97,324.48 Interest to 8/25/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,000.00 Total - $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. HE By Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 5 - 1.L. FFJ:) / /4 937 Willow Street P.O. Box 1140 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. MANUFACTURERS AND TRADERS TRUST COMPANY By: o.. - r(. n, J s T. Grady Vic President U.S. Small Business Administration SBA JOAN NUMBER PLP 155-642-4003 NOTE POTTSVILLE, PA (City and State) (Date): September 30, 1997 $ 150,000.00 For value received, the undersigned promises to pay to the order of PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY at Its office In the city of HARRISBURG, state of Pennsylvania, or at holder's option, at such other place as may be designated from time to time by the holder One Hundred Fifty Thousand & 00/100 Dollars, with interest on unpaid principal computed from the date of each advance to the undersigned at the rate of (Initial) 10.500 per cent per annum, payment to be made in installments as follows: Note payable Ten (10) years from date of Note with monthly payments of principal and Interest in the amount of $2,025.00 beginning on the first day of the Second month following the date of the Note with Interest at the initial rate of Ten and one-half percent (10.50%) per annum; with further provisions that each payment shall be applied first to the Interest accrued to the date of receipt of said payment, and the balance, If any, to the principal. Borrower is responsible for Interest due from the date of Note to first payment and the payment of said interest shall be Included in the first payment. This Is a variable Interest rate loan in which the Interest rate will fluctuate In accrodance with the low New York prime rate as published In the New York Wall Street Journal, published each business day. The Interest rate (spread) to be added to the lowest prime rate the first business day of the calendar quarter will be Two percent (2.00%). Each adjustment period will be three (3) months beginning on the first business day of the calendar quarter. Adjustment periods and calendar quarters shall commence on the first business day of the months of January, April, July and October. The interest rate on this Note shall Increase or decrease by adding the Interest rate spread to the lowest New York Prime rate as of the beginning of each adjustment period. Upon any changes in the Interest rate, the above monthly principal and Interest payment shall be adjusted to amortize the remaining loan balance in equal monthly payments of principal and interest over the remaining term of the loan at the adjusted rate. Any payment of principal or Interest not paid within ten (10) days after the date upon which It Is due shall result in a late charge in the amount of five percent (5%) of the payment so due. Holder shall give written notice to the undersigned of each Increase or decrease In the Interest rate within thirty (30) days after the effective date of each rate adjustment. If the undersigned shall be in default in payment due on the Indebtedness therein and the Small Business Administration (SBA) purchases Its guaranteed portion of said Indebtedness, the rate of Interest on the guaranteed and unguaranteed portion therein shall become fixed at the rate In effect as of the Initial date of uncured default. If the undersigned shall not be In default In payment of Interest and/or principal, the Interest rate on the guaranteed and the unguaranteed portion therein shall be fixed at the rate in effect as of the date of purchase by SBA. Lender has the right to raise or lower the monthly payment to assure such payment will amortize the Note within the bounds of the stated maturity. If this Note contains a fluctuating Interest rate, the notice provision is not a precondition for fluctuation (which shall take place regardless of notice). Payment of any Installment of principal or interest owing on this Note may be made prior to the maturity date thereof without penalty. Borrower shall provide lender with written notice of intent to prepay part or all of this loan at least three (3) weeks prior to the anticipated prepayment date. A prepayment Is any payment made ahead of schedule that exceeds twenty (20) percent of the then outstanding principal balance. If borrower makes a prepayment and fails to give at least three weeks advance notice of Intent to prepay, then, notwithstanding any other provision to the contrary In this Note or any other document, borrower shall be required to pay lender three weeks interest on the unpaid principal as of the date preceding such prepayment. The term "Indebtedness"- as used herein shall mean the indebtedness evidenced by this Note, Including principal, Interest, and expenses, whether contingent, now due, or hereafter to become due, and whether heretofore or contemporaneously herewith or hereafter contracted. The term "Collateral" as used in this Note shall mean any funds, guaranties, or other property or rights therein of any nature whatsoever or the proceeds thereof which may have been, are, or hereafter may be, hypothecated, directly or Indirectly by the undersigned or others, In connection with, or as security for, the Indebtedness or any part thereof. The Collateral, and each part thereof, shall secure the Indebtedness i63d each part thereof. The covenants and conditions set forth or referred to in any and all Instruments of hypothecation constituting the Co ateral are hereby Incorporated In this Note as covenants and conditions of the undersigned with the same force and effect as though such covenants and conditions were fully set forth herein. t 09-30-1997 PROMISSORY NOTE "P23e 2 Loan No 701-30001 (Continued) The Indebtedness shall Immediately become due and payable, without notice or demand, upon the appointment of a receiver or liquidator, whether voluntary or involuntary, for the undersigned or for any of its property, or upon the filing of a petition by or against the undersigned under the provisions of any state Insolvency law or under the provisions of the Bankruptcy Reform Act of 1978, as amended, or upon the making by the undersigned of an assignment for the benefit of its creditors. Holder is authorized to declare all or any part of the Indebtedness immediately due and payable upon the happening of any of the following events: (1) Failure to pay any part of the Indebtedness when due; (2) nonperformance by the undersigned of any agreement with, or any condition imposed by, Holder or Small Business Administration (hereinafter called "SBA"), with respect to the Indebtedness; (3) Holder's discovery of the undersigned's failure in any application of the undersigned to Holder or SBA to disclose any fact deemed by Holder to be material or of the making therein or in any of the said agreements, or in any affidavit or other documents submitted in connection with said application or the Indebtedness, of any misrepresentation by, on behalf of, or for the benefit of the undersigned; (4) the reorganization (other than a reorganization pursuant to any of the provisions of the Bankruptcy Reform Act of 1978, as amended) or merger or consolidation of the undersigned (or the making of any agreement therefor) without the prior written consent of Holder; (5) the undersigned's failure duly to account, to Holder's satisfaction, at such time or times as Holder may require, for any of the Collateral, or proceeds thereof, coming into the control of the undersigned; or (6) the institution of any suit affecting the undersigned deemed by Holder to affect adversely Its Interest hereunder in the Collateral or otherwise. Holder's failure to exercise Its rights under this paragraph shall not constitute a waiver thereof. Upon the nonpayment of the Indebtedness, or any part thereof, when due, whether by acceleration or otherwise, Folder is empowered to sell, assign, and deliver the whole or any part of the Collateral at public or private sale, without demand, advertisement, or notice of the time or place of sale or of any adjournment thereof, which are hereby expressly waived. After deducting all expenses incidental to or arising from such sale or sales, Holder may apply the residue of the proceeds thereof to the payment of the Indebtedness, as it shall deem proper, returning the excess, if any, to the undersigned. The undersigned hereby waives all right of redemption or appratsement whether before or after sale. Holder is further empowered to collect or cause to be collected or otherwise to be converted into money all or any part of the Collateral, by suit or otherwise, and to surrender, compromise, release, renew, extend, exchange, or substitute any Item of the Collateral in transactions with the undersigned or any third party, Irrespective of any assignment thereof by the undersigned, and without prior notice to or consent of the undersigned or any assignee. Whenever any Item of the Collateral shall not be paid when due, or otherwise shall be in default, whether or not the Indebtedness, or any part thereof, has become due, Holder shall have the same rights and powers with respect to such item of the Collateral as are granted in this paragraph in case of nonpayment of the Indebtedness, or any part thereof, when due. None of the rights, remedies, privileges, or powers of Holder expressly provided for herein shall be exclusive, but each of them shall be cumulative with and In addition to every other right, remedy, privilege, and power now or hereafter existing in favor of Holder, whether at law or equity, by statute or otherwise. The undersigned agrees to take all necessary steps to administer, supervise, preserve, and protect the Collateral; and regardless of any action taken by Holder, there shall be no duty upon Holder in this respect. The undersigned shall pay all expenses of any nature, whether Incurred in or out of court, and whether incurred before or after this Note shall become due at its maturity date or otherwise, including but not limited to reasonable attorney's fees and costs, which Holder may deem necessary or proper In connection with the satisfaction of the Indebtedness or the administration, supervision, preservation, protection of (Including, but not limited to, the maintenance of adequate Insurance) or the realization upon the Collateral. Holder Is authorized to pay at any time and from time to time any or all of such expenses, add the amount of such payment to the amount of the Indebtedness, and charge Interest thereon at the rate specified herein with respect to the principal amount of this Note. The security rights of Holder and its assigns hereunder shall not be impaired by Holder's sale, hypothecation, or rehypothecatlon of any note of the undersigned or any Item of the Collateral, or by any indulgence, including but not limited to (a) any renewal, extension, or modification which Holder may grant with respect to the Indebtedness or any part thereof, or (b) any surrender, compromise, release, renewal, extension, exchange, or substitution which Holder may grant in respect of the Collateral, or (c) any Indulgence granted in respect of any endorser, guarantor, or surety. The purchaser, assignee, transferee, or pledgee of this Note, the Collateral, and guaranty, and any other document (or any of them), sold, assigned, transferred, pledged, or repledged, shall forthwith become vested with and entitled to exercise all the powers and rights given by this Note and all applications of the undersigned to Holder or SBA, as If said purchaser, assignee, transferee, or pledgee were originally named as Payee in this Note and in said application or applications. This promissory note Is given to secure a loan which SBA is making or in which it is participating and, pursuant to Part 101 of the Rules and Regulation of SBA (13 C.F.R. 101.1(d)), this instrument is to be construed and (when SBA Is the Holder or a party in interest) enforced in accordance with applicable federal law. CONFESSION OF JUDGMENT. The Undersigned hereby authorizes and empowers any attorney or clerk of any Court of record in the United States or elsewhere to appear for and, with or without declaration filed, confess judgment against the Undersigned in favor of the holder, assignee or successor holder of the Note, at any time, for the full or total amount of this Note, together with all indebtedness provided for therein, with costs of suit and attorney's commission of ten (10) percent for collection; and the Undersigned expressly releases all errors, waives all stay of execution, rights of inquisition and extension upon any levy upon real estate and all exemption of property from levy and sale upon any execution hereon; and the Undersigned expressly agrees to condemnation and expressly relinquishes all rights to benefits or exemptions under any and all exemption laws now in force or which may hereafter be enacted. 09-30-1997 PROMISSORY NOTE Page 3 Loan No 701-30001 (Continued) BORROWER: Mishar Productions, Inc. By: -S" V. (SEAL) Sharon S. Hillega-a, Presidd ecretary A Note.-Corporate applicants must execute Note, in corporate name, by duly authorized officer, and seal must be affixed and duly attested; partnership applicants must execute Note in flrmname, together with signature of a general partner. "The Guaranteed Portion of the outstanding principal balance of this note has been transferred to a Registered Holder for value". FINANCIAL TRUST COMPANY Date: 0 1 / ° By: D well E. Rishel Assistant Vice President SBA FORM 147 (5-87) PREVIOUS EDITIONS OBSOLETE ;q) a?p G WHEN RECORDED MAIL TO: Pennsylvania National Bank Go Keystone Loan Operations Attn: Collateral Dept. 130 Court Street, PO Box 3187 Williamsport, PA 17701 .. '•r,"iC f)r DEEDS '97 OCT 6 PN 12 56 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY COVER SHEET MORTGAGE (Participation) DATE: September 30, 1997 MORTGAGOR: Michael S. Hilleges, whose address is 724 Carol Street, New Cumberland, PA 17070 MORTGAGEE: PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY, whose address is 1002 NORTH SEVENTH STREET, HARRISBURG, PA 17102 i9Qod409PAGE 127 MORTGAGE (Participation) This mortgage made and entered into this September 30, 1997 by and between Michael S. Hillegas, whose address is 724 Carol Street, New Cumberland, PA 17070 (hereinafter referred to as mortgagor) and PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY (hereinafter referred to as mortgagee), who maintains an office and place of business at 1002 NORTH SEVENTH STREET, HARRISBURG, PA 17102, , WITNESSETH, that for the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor does hereby mortgage, sell, grant, and convey unto the mortgagee, his successors and assigns, all of the following described property situated and being in Cumberland County, Commonwealth of Pennsylvania: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Together with and including all buildings, all fixtures, Including but not limited to all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning apparatus, and elevators (the Trustor hereby declaring that it is intended that the items herein enumerated shall be deemed to have been permanently installed as part of the realty), and all improvements now or hereafter existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, all rights of redemption, and the rents, issues, and profits of the above described property (provided, however, that the mortgagor shall be entitled to the possession of said property and to collect and retain the rents, issues, and profits until default hereunder). To have and to hold the same unto the mortgagee and the successors in interest of the mortgagee forever in fee simple or such other estate, it any, as is stated herein. The mortgagor covenants that he is lawfully seized and possessed of and has the right to sell and convey said property; that the same is free from all encumbrances except as hereinabove recited; and that he hereby binds himself and his successors in interest to warrant and defend the titre aforesaid thereto and every part thereof against the claims of all persons whomsoever. This instrument is given to secure the payment of a promissory note dated September 30, 1997 in the principal sum of $150,000.00 signed by one or more authorized officers in behalf of Mishar Productions, Inc.. elood409 PAGE 128 SBA Form 928 (11-85) USE 2-78 EDITION UNTIL EXHAUSTED Said promissory note was given to secure a loan in which the Small Business Administration, an agency of the United States of America, ha participated. In complianrre with section 101.1 (d) of the Rules and Regulations of the Small Business Administration [13 C.F.R. 101.1(d)], this instrument is to be construed and enforced in accordance with applicable Federal law. 1. The morgagor convenants and agrees as follows: a. He will promptly pay the indebtedness evidenced by said promissory note at the times and in the manner therein provided. b. He will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines, or impositions, for which provision has not been made hereinbefore, and will promptly deliver the official receipts therefor to the said mortgagee. c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including the fees of any attorney employed by the mortgagee for the collection of any or all of the indebtedness hereby secured, or foreclosure by mortgagee's sale, or court proceedings, or in any other litigation or proceeding affecting said property. Attorneys' fees reasonably incurred in any other way shall be paid by the mortgagor. d. For better security of the indebtedness hereby secured, upbn the request of the mortgagee, its successors or assigns, he shall execute and deliver a supplemental mortgage or mortgages covering any additions, improvements, or betterments made to the property hereinabove described and all property acquired by it after the date hereof (all in form satisfactory to mortgagee). Furthermore, should mortgagor fail to cure any default in the payment of a prior or inferior encumbrance on the property described by this instrument, mortgagor hereby agrees to permit mortgagee to cure such default, but mortgagee is not obligated to do so; and such advances shall become part of the indebtedness secured by this instrument, subject to the same terms and conditions. e. The rights created by this conveyance shall remain in full force and effect during any postponement or extension of the time of the payment of the indebtedness evidenced by said promissory note or any part thereof secured hereby. f. He will continuously maintain hazard insurance, of such type or types and in such amounts as the mortgagee may from time to fime require on the improvements now or hereafter on said property, and will pay promptly when due any premiums thereof. All insurance shall be carried in companies acceptable to mortgagee and the policies and renewals thereof shall be held by mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to the mortgagee. In event of loss, mortgagor will give immediate notice in writing to mortgagee, and mortgagee may make proof of loss if not made promptly by mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to mortgagee instead of to mortgagor and mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by mortgagee at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged or destroyed. In event of foreclosure of this mortgage, or other transfer of title to said property in extinguishment of the indebtedness secured hereby, all right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the purchaser or mortgagee or, at the option of the mortgagee, may be surrendered for a refund. g. He will keep all buildings and other improvements on said property in good repair and condition; will permit, commit, or suffer no waste, impairment, deterioration of said property or any part thereof; in the event of failure of the mortgagor to keep the buildings on said premises and those erected on said premises, or improvements thereon, in good repair, the mortgagee may make such repairs as in its descreflon it may deem necessary for the proper preservation thereof; and the full amount of each and every such payment shall be immediately due and payable; and shall be secured by the lien of this mortgage. h. He will not voluntarily create or permit to be created against the property subject to this mortgage any lien or liens inferior or superior to the lien of this mortgage without the written consent of the mortgagee; and further, that he will keep and maintain the same free from the claim of all persons supplying labor or materials for construction of any and all buildings or improvements now being erected or to be erected on said premises. I. He will not rent or assign any part of the rent of said mortgaged property or demolish, or remove, or substantially alter any building without the written consent of the mortgagee. j. All awards of damages in connection with any condemnation for public use of or injury to any of the property subject to this mortgage are hereby assigned and shall be paid to mortgagee, who may apply the same to payment of the installments last due under said note, and mortgagee is hereby authorized, in the name of the mortgagor, to execute and deliver valid acquittances thereof and to appeal from any such award. k. The mortgagee shall have the right to inspect the mortgaged premises at any reasonable time. 2. Default in any of the covenants or conditions of this instrument or of the note or loan agreement secured hereby shall terminate mortgagor's right to possession, use, and enjoyment of the property, at the option of the mortgagee or his assigns (it being agreed the mortgagor shall have such right until default). Upon any such default, the mortgagee shall become the owner of all of the rents and profits accruing after default as security for the indebtedness secured hereby, with the right to enter upon said property for the purpose of collecting such rents and profits. This instrument shall operate as an assignment of any rentals on said property to that extent. 3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when due, or shall fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry sell said property without appraisement (the mortgagor having waived and assigned to the prnitlAnq d.... 4 nn mortgagee all rights of appraisement): (1) at judicial sale pursuant to the provisions of 28 U.S.C. 2001 (a); or (11) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and best bid complying with the terms of sale and manner of payment specified in the published notice of sale, first giving four weeks' notice of the time, terms, and place of such sale,by advertisement not less than once during each of said four weeks in a newspaper published or distributed in the county in which said property is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person on behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale shall be held at or on the property to be sold or at the Federal, county, or city courthouse for the county in which the property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain recitals as to the happening of the default the mortgagee or any agent or attorney of the mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute said conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar all equity or right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby expressly waived and conveyed to the mortgagee; or (111) take any other appropriate action pursuant to state or Federal statute either in state or Federal court or otherwise for the disposition of the property. In the event of a sale as hereinbefore provided, the mortgagor or any persons in possession under the mortgagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be summrily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power and agency coupled with an interest end are irrevocable by death or otherwise, and are granted as cumulative to the remedies for collection of said Indebtedness provided by law. 4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied first to pay the costs and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or maintaining said property, and reasonable attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, to pay any surplus or excess to the person or persons ful y entitled thereto. 6. In the event said property is sold ate judicial foreclosure sale or pursuant to the power of sale hereinabove granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without regard to appraisement. 6. In the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, charge, fee or other expense charged against the property the mortgagee is hereby authorized at his option to pay the same. Any sums so paid by the mortgagee shall be added to and become a part of the principal amount of the indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes and liens and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage shall be canceled and surrendered. 7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 8. No waiver of any covenant herein or of the obligation secured hereby shall at any time therafter be held to be a waiver of the terms hereof or of the note secured hereby. g. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or unenforceable shall not in any way impair or preclude the enforcement of the remaining provisions or this instrument. 10. Any written notice to be issued to the mortgagor pursuant to the provisions of this instrument shall be addressed to the mortgagor at: Michael S. Hillegae, 724 Carol Street, New Cumberland, PA 17070 and any written notice to be issued to the mortgagee shall be addressed to the mortgagee at: PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY, 1002 NORTH SEVENTH STREET, HARRISBURG, PA 17102. IN WITNESS WHEREOF, the mortgagor has executed this instrument and the mortgagee has accepted delivery of this instrument as of the day and year aforesaid. - GRANTOR: (SEAL). r, T /?O W Mir!hael S r leas - -- ' , . a..4 rs..;'z BGGM J.A4 [)PAGE 130 v? Signed, cknowlecige jnd del 0 red in the presence of: X tom- Witness Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, PENNSYLVANIA NATION BANK AND TRUS COMPANY, herein is as follows: 1002 NORTH SEVENTH STREET, HARRISBURG, PA 17102 / r W Anorney a ar Mortgagee INDIVIDUAL ACKNOWLEDGMENT STATE OF 6/1 !) /7.5 6! l v j?f /I I )SS COUNTY OF Q/9 L y h 1 ?- ) On this, the 3 0-:- day of 5e PT- 19 before me /'? xS ye Q t /1 F? the undersigned Notary Public, personally appeared Michael S. Hlllegas, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the sa for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. 1,\ Notary ublic in and for t . Slate of 5P6Ar?MWdWmarptaaQ SBA Form 928 (11-85) USE 2-78 EDITION UNTIL EXHAUSTED State of Pennsylvania County a%-u.berfand? 86 in t(ie ffor the e^ d l t 'eC< County, .6a" A Cf l7vGads ,sal Boa1409PAGE :131 EXHIBIT `A' ALL THAT CERTAIN piece, parcel or town lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Carol Street, said point being 330 feet measured along the southerly line of Carol Street in a westerly direction from a monument at Beckley Drive; thence southeastwardly parallel with Beckley Drive 130 feet to a 20 foot street; thence southwestwardly along said 20 foot street, 60 feet to a point; thence northwestwardly parallel with Beckley Drive 130 feet to the southern line of Carol Street; thence northeastwardly by the southern line of Carol Street 60 feet to the place of BEGINNING. BEING the westerly 20 feet of Lot No. 269 and the easterly 40 feet of Lot No. 270, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book 3, page 88. 9oov 14?9 FADE 132 n ?? 0 n? - ! G7 T m F5 '. ) MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff VS. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 64. 613 4 C'L-d q;-- IN MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Sir, please enter the appearance of Marc A. Hess, Esquire, of the law firm of Henry & Beaver LLP whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042- 1140, as attorney for Manufacturers and Traders Trust Company, the Plaintiff in the above- captioned matter. Dated: 2006 I.D.#55774 ?'' °' ?,? ri?i' 1 ?l? .?' ? ???? ddd C "p t ??''i `.C ? .... ? ? ? ?ry1- ? .L W =9 6` V? MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Manufacturers and Traders Trust Company, and against Defendants, Michael S. Hillegas and Sharon S. Hillegas, for their failure to plead to the Complaint in this action within the time required. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendants were served with the Complaint on September 13, 2006, and their answer was due to be filed on October 3, 2006. Attached as Exhibits "A" and "B" are copies of Plaintiff s written Notices of Intention to File Praecipe for Entry of Default Judgment which I certify were given in accordance with Pa.R.C.P. 237.1 by regular mail to the Defendants at their last known address on October 4, 2006, which is at least ten (10) days prior to the filing of this Praecipe. Subsequent to serving the 10 Notices of Intention to File Praecipe for Entry of Default Judgment, Defendants retained W. Scott Staruch, Esquire to represent them in this matter. While Attorney Staruch has not entered an appearance in the matter, he did request an extension of time in which to file an answer to the Complaint. Plaintiff granted an extension of the time to answer the Complaint to the close of business on October 31, 2006. The time for answering has expired and no answer has been filed. WHEREFORE, Plaintiff, Manufacturers and Traders Trust Company, requests that judgment in mortgage foreclosure be entered in its favor and against the Defendants, Michael S. Hillegas and Sharon S. Hillegas, in the amount of: Principal - $ 97,324.48 Interest to 8/25/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,000.00 Total - $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. HE By: I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS TRUST COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. : No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants ,ED TO ENTER A WRITTEN IN WRITING WITH THE SET FORTH AGAINST PS Form THE DATE OF THIS NOTICE, DUT A HEARING AND YOU 3-1.b0-SE-30UR 12R01RER-1-Y OR.0T ER 1 UQ?-I-alv l RIGHTS. To: Mr. Michael S. Hillegas 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. LAWYER REFERRAL SERVICES c/o Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 HE. By: 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants To: Mrs. Sharon S. Hillegas 724 Carol Street - - DA 17070 U.S, POSTAL SERVICE CERTIFICATE OF MAILING 'Ay E USEDFORFORINSURANCEDOMESTIC AND JNTERN POS ATIONAL MAIL, DOES NOT RODE -TMASTER ?fjBl. From: ?. _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2006-5136 IN MORTGAGE FORECLOSURE -J 7 1 ILED TO ENTER A WRITTEN O ofordinary ma-1 .as a ,o, ILE IN WRITING WITH THE ( ] r 3IMS SET FORTH AGAINST 4 THE DATE OF THIS NOTICE, Ps Form 3817, January 200 TOUT A HEARING AND 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICES c/o Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 HE. By: I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - z ? lJ T> .j {-.! F1 rte. --? . I .\ MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants To: Mr. Michael S. Hillegas 724 Carol Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 2006-5136 : IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by default in mortgage foreclosure in the above proceeding was entered against you on A )eXJ , 2006, in G the amount of: Principal - $ 97,324.48 Interest to 8/25/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,000.00 Total - $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. PROTH NOTARY Date: ?? y_ a , 2006 By: MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants To: Mrs. Sharon S. Hillegas 724 Carol Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2006-5136 : IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by default in mortgage foreclosure the above proceeding was entered against you on 2006, in the amount of. Principal - $ 97,324.48 Interest to 8/25/06 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2.000.00 Total - $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. PROTHONOTARY Date: 2006 By: ?'Pl puty SHERIFF'S RETURN - REGULAR .w CASE NO: 2006-05136 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TR C VS HILLEGAS MICHAEL S ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon HILLEGAS MICHAEL S the DEFENDANT at 0018:25 HOURS, on the 13th day of September, 2006 at 724 CAROL STREET NEW CUMBERLAND. PA 17070 SHARON HILLEGAS (WIFE) a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.96 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.96./ 09/14/2006 1010416(> HENRY & BEAVER Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. by handing to SHERIFF'S RETURN - REGULAR CASE NO: 2006-05136 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TR C VS HILLEGAS MICHAEL S ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon HILLEGAS SHARON S the DEFENDANT , at 0018:25 HOURS, on the 13th day of September, 2006 at 724 CAROL STREET NEW CUMBERLAND, PA 17070 SHARON HILLEGAS a true and attested copy of NOTICE by handing to COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: i Docketing 6.00 Service .00 ,,Aw?? Affidavit .00 Surcharge 10.00 R. Thomas Kline n r% 16.00? 09/14/2006 J016g10b i ?- HENRY & BEAVER Sworn and Subscibed to By: before me this day ep 7 ty Sheriff of A.D. HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants No. 2006-5136 IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON ss. I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that: 1. 1 forwarded a certified true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by first class United States mail, proper postage prepaid, on November 30, 2006, to: Name Address Michael S. Hillegas 724 Carol Street New Cumberland, PA 17070 Sharon S. Hillegas Manufacturers and TradE?rs Trust Company Household Realty Corporation Household Realty Corporation Household Finance Consumer Discount Company Household Finance Consumer Discount Company PNC Bank, N.A. West Shore School District New Cumberland Borough Robin Gasperetti, Tax Collector Cumberland County Tax Claim Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Cumberland Co. Domestic Relations Support Division 724 Carol Street New Cumberland, PA 17070 50 North Fifth Street P.O. Box 15210 Reading, PA 19612 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 Attn: Corp. Tax 2N SIT 2700 Sanders Road Prospect Heights, PA 60070 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 Attn: Corp. Tax 2N SIT 2700 Sanders Road Prospect Heights, PA 60070 4242 Carlisle Pike Camp Hill, PA 17001-8874 507 Fishing Creek Road New Cumberland, PA 17070-0803 1120 Market Street New Cumberland, PA 17070 1113 Bridge Street New Cumberland, 17070 One Courthouse Square Carlisle, PA 17013 Department 280946 Harrisburg, PA 17125-0946 Cumberland Courthouse One Courthouse Square Carlisle, PA 17013 2 Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Form 3817 Certificates of Mailing. 2. 1 also forwarded a true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by First Class United States Mail, Certified, Return Receipt Requested, on November 30, 2006 to the Defendants, Michael S. Hillegas and Sharon S. Hillegas, at 724 Carol Street, New Cumberland, Pennsylvania 17070. Said Notices were received by Defendants on December 1, 2006. Attached hereto as Exhibit "C" and made a part hereof are the United States Postal Service Domestic Return Receipts and Receipts for Certified Mail. •y i L Sworn and subscribed to before me this Bto day of December, 2006. Notary Public :NTH OF PE f YLVA IA ARIAL SEAL YOUNG, Notanr Public .:non, Lebanon County - expires December 17, 2009 OMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA L. YOUNG, Notary Public City of Lebanon, Lebanon County My Commission Expires December 17, 2009 3 HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2006-5136 : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on WEDNESDAY MARCH 7, 2007 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, tif: es, properties, claims and demands of the property of Michael S. Hillegas and Sharon S. Hillegas which are more fully described below: OWNER OF PROPERTY: LOCATION OF PROPERTY TO BE SOLD: Michael S. Hillegas and Sharon S. Hillegas 724 Carol Street New Cumberland, Cumberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs sale takes place pursuant to a Judgment against Michael S. Hillegas and Sharon S. Hillegas in favor of Manufacturers and Traders Trust Company which Judgment was entered at No. 06-5136 in tie amount of. Principal - $ 97,324.48 Interest to 8,125/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,000.00 Total $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to - 2 - prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriff s Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff s Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matter. If you wish to exercise your rights, however, you must act ]romptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICES c/o Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 R. Thomas Kline Sheriff of Cumberland County - 3 - ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and more particularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the southerly line of Carol Street in a westerly direction from a monument at Beckley Drive,; thence southeastwardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a paint; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeasterly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and recorded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543-128 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER NAWF,K:HESS ESQUIRE HENRY & BEAVER LLP 937 WILLOW STREET One piece of ordinary mail addressed to: MichEl.el S. Hillegas PS Form 3811, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER I 9Frbh: HESS ESQUIRE HENRY & BEAVER LLP O X937- iff?f:;E)W STREET PO BOX 1140 Q LEBANON PA 17042-1140 One piece of ordinary mail addressed to: T ` 2 Mrs. Sharon S. Hillegas O c> 724 Carol Street Q New Cumberland PA 17070 31 r _.y PS Form 38.17, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RAU,gr.# HESS ESQUIRE HENRY & BEAVER LLP LEBANON PA 17042-1140 VICE PRESIDENT PO BOX 15210 16 - PS Fo u 0 ?rl USA 20c USA2.Oc USA U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R?fI:"A: HESS ESQUIRE HENRY & BEAVER LLP 937 WILLOW STREET ?G -PU-BUX 114U One piece of ordinary mail addressed to: Household Realty Corporation 25 Gateway Drive' -U-ate-w`a-y---9quare, Suite 107 on 111111111i PS Form 3817, January 2001 .? USA20c U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FDR INSURANCE-POSTMASTER IMATT Frfn: HESS ESQUIRE HENRY & BEAVER LLP n 937 WILLOW STREET =13OX 114U 2 H E L BANON Pik 1784 46 One piece of ordinary mail addressed to: Zia • s Qtf . 2700 Sanders Road Pros ect Heights PA 60070 PS Form 3817, January 2001 USA 20c U.S. POSTAL SERVICE CERTIFICATE OF MAILING ; .? MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RffkvR8Fr*: HESS ESQUIRE HENRY & BEAVER LLP 937 WILLOW STREET ?y TU BOX 114U One piece of ordinary mail addressed to: Household Finance Consumer Discount Company I -Gateway SguarP, Stti tP 107 Mechanicsburg PA 17055 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FCR INSURANCE-POSTMASTER 14ft"F,':HESS ESQUIRE HENRY & BEAVER LLP <40 937 WILLOW STREET TU-B f!1EBA a One piece of ordinary mail addressed to: Household Finance Consumer Discount Company Xt-t-r: Corp. Tax 2N SIT 279 EI-nsaftde saftders Read Prospect Heights PA 60070 PS Form 3817, January 2001 U.S. PO:;TAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER IMM5FAm:HESS ESQUIRE HENRY & BEAVER LLP 937 WILLOW STREET -30X 1140 TUYmEBUKM PA 171942 l140 piece of ordinary mail addressed to: PNC Bank NA PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE L SED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER fMffit.8F,T: HESS ESQUIRE ,. HENRY & BEAVER LLP 937 WILLOW STREET USA20c rs USA 20c One piece of ordinary mail addressed to: West Shore School District 507 Fishing Creek Road F 14 -hT.e: 17070-0803 o PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER e FAm:HESS ESQUIRE HENRY & BEAVER LLP 937 WILLOW STREET PU-BOX 114U --bEB N9N--PA-- 7.04 ' ^ J One piece of ordinary mail addressed to: New Cumberland Borough 1120 Market Street XT..__ !+___L--1 --A T) A 1 7n 7n PS Form 31117, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING < MAY BE L15ED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDEFORINSURANCE-POSTMASTER RMMMroft: HESS ESQUIRE HENRY & BEAVER LLP 937 WILLOW STREET O -76 BOX 114U 'B*NBN Pik i7642 1140 One piece ofordinary mail addressed to: QP . Robin Gas eretti Tax Collector r' 1113 Brid a Street New Cumberland PA 17070 PS Form 3817, January 2001 USA 20c U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE: FOR INSURANCE-POSTMASTER F"Jttf fi: HESS ESQUIRE HENRY & BEAVER LLP 9:37 WILLOW STREET -a `. 'BANON P* P042 1146 One piece of ordinary mail addressed to: c% Cumberland Count Tax Claim ,9jie .0 1 thn tgP SAlfare • Carlisle PA 17013 1?^ ?• PS Fomi 3817, January 2001 USA20c s U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED F13R DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ftkRVFA`HESS ESQUIRE HENRY & BEAVER LLP (r2l 937 WILLOW STREET Z` FU-Hux 1140 T L+IY A 1TL]A1 n? 1 -7 A L 0 1 1 f^ One piece of ordinary mail addressed to: Commonwealth of Pennsylvania epartment o Revenue B a L U a f e ! 1 o VruF . LCLLL%.;= Depar ment 280946 Harrisburg PA 17125-0946 V- fr' PS Form 3817, January 2001 USA 20c U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR'NSURANCE-POSTMASTER Recj M-A HESS ESQUIRE HENRY & BEAVER LLP 937 WILLOW STREET PO BOX Mu LEBANON PA 17042 1149 One piece ct ordinary mail addressed to: Cumberland County Dnmest-ir Relatin . Sup,ort Division Cumberland County Courthouse Ora' Courthouse u re I? 1 PS Form 3817, January 2001 LCERT,7`11ED Potal Service,,., MAIL,., RECEIPT stic ml Only; No Insurance Coverage Provided) CI U 171 - t.rl CI Certified Fee CI Cl Return Receipt Fee (Endorsement Required) Cl Resficted Delivery Fee M (Endorsement Required) r-i JI C] M r`- ¦ Om plate Items 1, 2, and 3. Also complete hem 4 M Rostricted Delivery Is desired. ¦ PrMtt your name and address on the reverse so that we can return the card to your ¦ Atdo:h this card to the back of the mailpleoe, or an the fiont If space permits. 1. Atiids Ad owed to: Mr. I lttael S. Hillegas 724 'C f-ol Street New 1iberland PA 17070 A Siprtaturs X? B. Received by (ftpW ) C. of P*MY S 1 ?Z I d D. Is delivery address dillenfit from Item 17 -13 Yes If YES, enter delivery address below: ? No 3. Service type =Cwtilled Mall ? Express Mail E3 Registered E3 Return Receipt for Maofrrrdlss ? insured Mali ? C.O.D. 4. Restricted Delivery? (Exda Fee) ? Yes 2. Article Numttec 7006 0100 0005 7 910 8857 (transfer frof n servke taboo ; PS Form 3811, February 2004 Domestic Return Receipt 10259542-w-t540 ?I CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ¦ Complete sterns complete Hurt 4 If Restricted DOWNY Is desired. ¦ Print your name and addmiss on the reverse so that we can return the card to you. • Atmch this card to the back of the mailpiece, or on the frail tf space permits. 1. Ardele Addrmed to: Mrs. Sharon S. Hillegas 724 Carol Street New Cumb,:rland PA 17070 A B. Received by (F010diNa7w) *my 2, flaw, D. Is dell ewy d6ft from Item 14 H YES, ember delhrery address below: C3 3. Service Type ?Certlfied Man 13 Ewees Mail E3 Regmered 13 Rsbum Receipt rar Merchw be E3 Irmaw Mau 13 C.O.D. 4. Reatrlcted D~ Pft Feel E3 Yes 2. Article NunOxw 7006 0100 0005 7910 8864 Mansfer flom Service >ew Ps Form 381'1, February 2004 Domestic Retum Receipt 102595-02401-1540 I M I r-9 rr N trl O O C3 D O Required) r-1 C3 .!l O Sent o Sharon S. Hillegas r` ireet,iipE No.; ------------------ - ............................. orP080x o. 724 Carol Street .ZI.... ....................... - -----------------....--...... Clry, State, P+4 New Cumberland PA 17070 ni 3800. June 2002 See Reverse for inSt[LlChOl? For deliverv information visit our website, at www.usps.com, Postage $ . • J a0 ?r CertiNed Fee Receipt Fee ? j .at5 ?? Reium Requked) ? (Endorsement ? ReaMctedDeliveryFee #,11,ilfl (Endorsement y? Total Postage & Fees $ i 2 and 3. Also A. WmUfs Y i.. } } rl c ? HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Issue a Writ of Execution in the above matter directed to the Sheriff of Cumberland County to levy upon the real property commonly known as 724 Carol Street, New Cumberland, Cumberland County, Pennsylvania, and as more fully described in Exhibit "A" attached hereto. Principal - $ 97,324.48 Interest to 8/25/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees - 2,000.00 O.C.C.P.- Court Costs - This Writ - PLUS all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. HENRY & BEAVER LLP By - 2 - 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff ?S . cry -r- A O-A V t ?- c ? ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and more particularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the southerly line of Carol Street in a westerly direction from a monument at Beckley Drive; thence southeastwardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a point; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeasterly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and recorded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543-128 4 1 HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 724 Carol Street, New Cumberland, Cumberland County, Pennsylvania, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Michael S. Hillegas Address 724 Carol Street New Cumberland, PA 17070 Sharon S. Hillegas 724 Carol Street New Cumberland, PA 17070 2. Name and address of Defendants in the judgment. Name Michael S. Hillegas Address 724 Carol Street New Cumberland, PA 17070 Sharon S. Hillegas 724 Carol Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Manufacturers and Traders Trust Company 50 North Fifth Street P.O. Box 15210 Reading, PA 19612 4. Name and address of the last recorded holder of every mortgage of record: Name Address Manufacturers and Traders Trust Company 50 North Fifth Street P.O. Box 15210 Reading, PA 19612 Household Realty Corporation 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 Household Realty Corporation Household Finance Consumer Discount Company Attn: Corp. Tax 2N SIT 2700 Sanders Road Prospect Heights, PA 60070 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 - 2 - Household Finance Consumer Discount Company PNC Bank, N.A. Attn: Corp. Tax 2N SIT 2700 Sanders Road Prospect Heights, PA 60070 4242 Carlisle Pike Camp Hill, PA 17001-8874 5. Name and Address of every other person who has any record lien on the property: Name Address N/A 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 Address N/A 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 West Shore School District Address 507 Fishing Creek Road New Cumberland, PA 17070-0803 New Cumberland Borough Robin Gasperetti, Tax Collector Cumberland County Tax Claim 1120 Market Street New Cumberland, PA 17070 1113 Bridge Street New Cumberland, 17070 One Courthouse Square Carlisle, PA 17013 - 3 - Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Cumberland County Domestic Relations Support Division Department 280946 Harrisburg, PA 17125-0946 Cumberland Courthouse One Courthouse Square Carlisle, PA 17013 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. §4904 relating to unsworn falsification to authorities. HE Date: November J, 2006 By: - 4 - I.D. #55774 Attorney for Plaintiff ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and more particularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the southerly line of Carol Street in a westerly direction from a monument at Beckley Drive; thence southeastwardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a point; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeasterly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and recorded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543-128 ?-? c:'.x ` 'i c" : ?. ---- s ---f -- ?? _ -,-; _.. fy' ? ?? ?' =- C? :J7 . ,4 . ?,. , HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. : No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on WEDNESDAY MARCH 7, 2007 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Michael S. Hillegas and Sharon S. Hillegas which are more fully described below: OWNER OF PROPERTY: LOCATION OF PROPERTY TO BE SOLD: Michael S. Hillegas and Sharon S. Hillegas 724 Carol Street New Cumberland, Cumberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs sale takes place pursuant to a Judgment against Michael S. Hillegas and Sharon S. Hillegas in favor of Manufacturers and Traders Trust Company which Judgment was entered at No. 06-5136 in the amount of: Principal - $ 97,324.48 Interest to 8/25/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,000.00 Total $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to - 2 - prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriff s Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff s Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICES c/o Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 R. Thomas Kline Sheriff of Cumberland County - 3 - ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and more particularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the southerly line of Carol Street in a westerly direction from a monument at Beckley Drive; thence southeastwardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a point; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeasterly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and recorded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543-128 C P 71 ? y F7 T - _ _ j C] WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From MICHAEL S. HILLEGAS AND SHARON S. HILLEGAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL NO 06-5136 Civil CIVIL ACTION - LAW 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 $97,324.48 L.L. $.50 Interest TO 8/25/06 - $10,610.55 Atty's Comm % Due Prothy $1.00 Atty Paid $140.96 Other Costs LATE FEES - $4,934.31 -- ATTORNEY'S FEES - $2000. --- PLUS ALL ADDITIONAL INTEREST WHICH CONTINUES TO ACCRUE AT THE CONTRACT RATE AFTER 8/10/06 AND AFTER ENTRY OF JUDGMENT, UNTIL PAID IN FULL ($27.71044 PER DIEM), ACUTAL ATTORNEY'S FEES, ADDITIONAL LATE FEES WHICH MAY CONTINUE TO ACCRUE, COSTS OF SUIT AND ALL OTHER AMOUNTS, FEES, AND COSTS INCIDENTAL TO EXECUTION AND LEVY. Plaintiff Paid Date: NOVEMBER 17, 2006 (Seal) Cuffs R. Long, Prod otary By: Deputy REQUESTING PARTY: Name MARC A. HESS, ESQUIRE Address: HENRY & BEAVER LLP 937 WILLOW ST., P.O.BOX 1140 LEBANON, PA 17042-1140 Attorney for: PLAINTIFF Telephone: 717-274-3644 - - Supreme Court ID No. 55774 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY', Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. MICHAEL S. HILLE:GAS and SHARON S. HILLEGAS, Defendants No. 2006-5136 IN MORTGAGE FORECLOSURE MOTION TO REASSESS DAMAGES ON JUDGMENT IIN MORTGAGE FORECLOSURE COMES NOW, Plaintiff, Manufacturers and Traders Trust Company ("M&T Bank"), by and through its undersigned attorney, and moves the Court for an Order reassessing damages in mortgage foreclosure and in support thereof avers as follows: 1. A judgment in mortgagE! foreclosure upon Plaintiff's first mortgage was entered in favor of Plaintiff and against the Defendants in the Court of Common Pleas of Cumberland County to the above term and action number on November 2, 2006. The judgment was entered in the amount of: Principal - $ 97,324.48 Interest to 8/25/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,000.00 Total - $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. 2. Plaintiff wishes that its actual interest, late fees, attorney's fees to the date of sale be set forth specifically and included in the judgment and that all additional amounts., fees and costs incurred by Plaintiff be included in the judgment. 3. It is appropriate for the Court to reassess damages as follows: Principal - ,) 97,324.48 nterest to 3/7/2007 - 15, 930.96 Late Fees to 3/7/2007 - 5,400.71 Insurance to 3/7/2007 - 198.80 Attorney's Fees (actually incurred and/or to be billed to Plaintiff through the date of sale) - 4,506.04 Costs Incurred by Bank (lien searches, plumber, appraisal, filing fees, sheriff's advance costs) - _ 2,724.00 Total - $126,084.99 Plus all additional interest which continues to accrue at the contract rate after March 7, 2007, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees after March 7, 2007 at the contract rate ($101.25 per month after the 11th day of each month) which may continue to accrue, additional insurance at $2.84 per diem after March 7. 2007, all until paid in fU, costs of suit and all other amounts, fees, and costs incidental to execution and levy. 4. A copy of this Motion has been presented to the Defendants, Michael S. Hillegas and Sharon S. Hillegas, through their attorney, W Scott Staruch, E.sgwre, and Attorney Staruch has indicated that he will accept service on behalf of the Defendants and the Defendants do not intend to respond to this Motion. Exhibit "A" attached hereto and incorporated herein by reference. 5. The Defendants real property commonly known and numbered as 724 Carol Street, New Cumberland, Pennsylvania, is scheduled to be sold at Sheriff's Sale by the Sheriff of Cumberland County on March 7, 2007. WHEREFORE, Plaintiff, Manufacturers and Traders Trust Company, requests the Court reassess damages in favor of Plaintiff and against Defendants, Michael S. Hillegas and Sharon S. Hillegas, in the amount of: Principal - $ 97,324.48 Interest to 3/7/2007 - 15),930.96 Late Fees to 3/7/2007 - 5,400.71 Insurance to 3/7/2007 - 198.80 Attornney's Fees (actually incurred and/or to be billed to Plaintiff through the date of sale) - 4„506,04 Costs Incurred by Funk (lien searches, plumber, appraisal, filing fees, sheriff's advance costs) - 2:,724.00 Total - $126,084.99 Plus all additional interest which continues to accrue at the contract rate after March 7, 2007, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees after March 7, 2007 at the contract rate ($101.25 per month after the 11th day of each month) which may continue to accrue, additional insurance at $2.84 per diem after March 7. 2007, all until paid in full, costs of suit and all other amounts, fees, and costs incidental to execution and levy. HENRY & BEAVER LLP By: f MarcA. Hess I. D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 4 VERIFICATION I verify that the statements made in this Motion to Reassess Damages in Mortgage Foreclosure With Consent of Defendants are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to un sworn falsification to author1r.11 r 'Marc A. Hess Attorney for Plaintiff Manufacturers and Traders Trust Company ( .''-/?f- f17 1B +?4 FAX LS&P 1 Laws, Sfaruch & Pisarcik 20 F,rford Road, Suite 305, Lemoyne, PA 17043-1163 (717) 975-0600 Fax (717) 975-3871 I SP1aw@7aaLc +: m February 26, 2007 Marc A. Hess, Esq. 837 Willow St. P.O. Box 11140 t_ebanon, PA 17043-1140 Re: Manufacturers and Traders Trust Co- v- Michael and Sharon Hillegas Cumberland County No. 06-5136 Civil Term Dear Marc' I have finally had an opportunity to review your letter and enclosures, including your Motion to Reassess Damages and proposed Certificate of Concurrence in the above-referenced matter. I have, in the interim, been contacted by counsel for Household Finance Consumer Discount Company who has also filed an action in Mortgage Foreclosure. Despite my written request, to confirm their oral advice, the), would not confirm in writing their client's purported intention not to pursue the Hillegases for personal liability. As you know, I did not represent the Hillegases in their bankruptcy filing, At this stage of the proceedings, given my inability to confidently advise my clie=nts, Michael and Sharon Hillegas, of the full legal consequences in concurring in your aforesaid Motion, I cannot advise them to concur therewith. The Hillegas's interests are certainly best served by a sale of their former residence which produces the greatest proceeds possible, and a consequent distribution to creditors to the greatest degree possible. The Hillegases themselves do not realistically anticipate the recovery of any significant surn over and above the payment of appropriate sums due creditors and costs of the foreclosure proceedings properly assessed, but do hope that sufficient proceeds are realized for the benefit of the outstanding lien holders, even though they have no personal liability in this regard- I can, nevertheless, accept service of the above-referenced Motion, or any subsequent Motion you wish to file in this proceeding, on behalf of the ? I)V`/003 EXHIBIT a a C? _ j', F LOt1i J4 FAX L S & P [?I 00^/003 Marc A. Hess, Fsq. February 26, 2007 Page 2 K legases, and you may by copy of this letter represent same to the Court. 1, lik.ewi.e, can represent to you on behalf of Michael and Sharon Hillegas. that no response will be filed by the Hillegases to your Motion, particularly insofar as they do not have available funds to contest or otherwise respond, and, as a practical matter, the apparent real party in interest with respect to sums payable to Manufacturers and Traders Trust Company appears to be the lienho!der with apparent second priority, i.e. Household Consumer Discount Company. Sincere V. Nr_ - l' S , ta?uch cc. Michael and Sharon Hillegas CERTIFICATE OF SERVICE I, Lisa I. Fox, of the firm of Henry and Beaver, LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Motion to Reassess Damages on Judgment in Mortgage Foreclosure by regular United States mail, postage prepaid, on February 27, 2007, to the following: W. Scott Staruch, Esquire LAWS, STARUCH & PISARCIK 20 Erford Road, Suite 305 Lemoyne, PA 17043 and Via Facsimiles - (717) 975-31371 Mr. Michael S. Hillegas 540 Brentwater Road Camp Hill, PA 17011 Mr. Michael S. Hillegas 724 Carol Street New Cumberland, PA 17070 Mrs. Sharon S. Hillegas 540 Brentwater Road Camp Hill, PA 17011 Mrs. Sharon s. Hillegas 724 Carol Street New Cumberland, PA 17070 LISA I. FOX rl? , MAR O 1 200) HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants No. 2006-5136 IN MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, to wit, this day of Mc?r k t . \ , 2007, upon consideration of the Motion to Reassess Damages on Judgment in Mortgage Foreclosure, it is hereby ORDERED that damages are reassessed in mortgage foreclosure in the above matter in favor of Plaintiff and against the Defendants, Michael S. Hillegas and Sharon S. Hillegas, in the amount of: Principal - $ 97,324.48 Interest to 3/7/2007 - 15, 930.96 Late Fees to 3/7/2007 - 5,400.71 Insurance to 3/7/2007 - 198.80 Attorney's Fees (actually incurred and/or to be billed to Plaintiff through the date of sale) - 4,506.04 Costs Incurred by Bank (lien searches, plumber, appraisal, filing fees, sheriffs advance costs) - 2,724.00 Total - $126,084.99 7.S. u .Z t,,, 8 s- VIA ROZ ?, ?? Plus all additional interest which continues to accrue at the contract rate after March 7, 2007, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees after March 7, 2007 at the contract rate ($101.25 per month after the 11th day of each month) which may continue to accrue, additional insurance at $2.84 per diem after March 7. 2007, all until paid in full, costs of suit and all other amounts, fees, and costs incidental to execution and levy. BY THE COURT, N\ 0V 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Green Ridge Leasing LLC 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 17th day of Nov, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5136, at the suit of Manufactures & Traders Co against Michael S Hillegas & Sharon S is duly recorded in Deed Book No. 279, Page 3085. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this L7 day of A.D. a D D Recorder of Deeds Reooft 01 Deeds, wmuenano County. Cadsle. PA My Cpnmisslon Expires the Fret Monday of Jan. 2010 Manufacturers and Traders Trust Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Michael S. Hillegas and Sharon S. Hillegas Writ No. 2006-5136 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 18, 2007 at 1625 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Michael S. Hillegas and Sharon S. Hillegas, by making known unto Michael S. Hillegas personally and adult in charge for Sharon S. Hillegas, at 540 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him 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 19, 2007 at 1343 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 Michael S. Hillegas and Sharon S. Hillegas located at 724 Carol Street, New Cumberland, 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 defendants, to wit: Michael S. Hillegas and Sharon S. Hillegas, by regular mail to their last known address of 540 Brentwater Road, Camp Hill, PA 17011. These letters were mailed under the date of January 19, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $160,000.00 to W. Wade Kelly on behalf of Green Ridge Leasing LLC. It being the highest bid and best price received for the same, Green Ridge Leasing LLC of 6375 #8 Basehore Road, Mechanicsburg, PA 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $167,673.64. Sheriff s Costs: Docketing $30.00 Poundage 3,200.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.16 Certified Mail 4.64 Levy 15.00 Surcharge 30.00 HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 724 Carol Street, New Cumberland, Cumberland County, Pennsylvania, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Michael S. Hillegas Address 724 Carol Street New Cumberland, PA 17070 Sharon S. Hillegas 724 Carol Street New Cumberland, PA 17070 2. Name and address of Defendants in the judgment. Name Michael S. Hillegas Sharon S. Hillegas Address 724 Carol Street New Cumberland, PA 17070 724 Carol Street New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Manufacturers and Traders Trust Company 50 North Fifth Street P.O. Box 15210 Reading, PA 19612 4. Name and address of the last recorded holder of every mortgage of record: Name Address Manufacturers and Traders Trust Company 50 North Fifth Street P.O. Box 15210 Reading, PA 19612 Household Realty Corporation Household Realty Corporation Household Finance Consumer Discount Company 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 Attn: Corp. Tax 2N SIT 2700 Sanders Road Prospect Heights, PA 60070 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 - 2 - Household Finance Consumer Discount Company PNC Bank, N.A. Attn: Corp. Tax 2N SIT 2700 Sanders Road Prospect Heights, PA 60070 4242 Carlisle Pike Camp Hill, PA 17001-8874 5. Name and Address of every other person who has any record lien on the property: Name Address N/A 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 N/A 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 West Shore School District New Cumberland Borough Robin Gasperetti, Tax Collector Cumberland County Tax Claim Address 507 Fishing Creek Road New Cumberland, PA 17070-0803 1120 Market Street New Cumberland, PA 17070 1113 Bridge Street New Cumberland, 17070 One Courthouse Square Carlisle, PA 17013 - 3 - Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Cumberland County Domestic Relations Support Division Department 280946 Harrisburg, PA 17125-0946 Cumberland Courthouse One Courthouse Square Carlisle, PA 17013 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. §4904 relating to unsworn falsification to authorities. HE Date: November I, 2006 By: - 4 - I.D. #55774 Attorney for Plaintiff ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and more particularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the southerly line of Carol Street in a westerly direction from a monument at Beckley Drive; thence southeastwardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a point; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeasterly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and recorded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543-128 HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. MICHAEL S. HILLEGAS and SHARON S. HILLEGAS, Defendants : No. 2006-5136 : IN MORTGAGE FORECLOSURE WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of Three Hundred Dollars ($300.00). There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. 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 REASONABLE FEE OR NO FEE. LAWYER REFERRAL SERVICES c/o Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 HE By: 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 2 I.D. #55774 HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS TRUST COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA: . ss. COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Michael S. Hillegas and Sharon S. Hillegas, Defendants. 1. You are directed to levy upon the property of the Defendants commonly known as 724 Carol Street, New Cumberland, Cumberland County, Pennsylvania, and as more fully described on Exhibit "A" attached hereto. 2. You are directed to attach the property of the Defendants not levied upon in the possession of. N/A 3. Amount Due: Principal - Interest to 8/25/06 - Late Fees - Attorney's Fees - O.C.C.P.- Court Costs - This Writ - $ 97,324.48 10,610.55 4,934.31 2,000.00 PLUS all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. Seal of the Court Prothonotary By: Deputy 2 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 statutory exemption. 2. Bibles, school books, sewing machines, uniforms and equipment. 3. Most wages and unemployment compensation. 4. Social Security benefits. 5. Certain retirement funds and accounts. 6. Certain veteran and armed forces benefits. 7. Certain insurance proceeds. 8. Such other exemptions as may be provided by law. HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above-named Defendant, claim exemption of property from levy or attachment: 1. From my personal property in my possession which has been levied upon, a. I desire that my $300.00 statutory exemption be exemption): (i) set aside in kind (specify property to be set aside in kind): (ii) paid in cash following the sale of the property levied upon; or b. I claim the following exemption (specify the property and basis of 2. From my property which is in the possession of a third party, I claim the following exemptions: a. My $300.00 statutory exemption: in cash; in kind (specify property): b. Social Security benefits on deposit in the amount of $ c. Other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at Address Telephone Number I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Defendant THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Telephone Number (717) 240-6390. 2 ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and more particularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the southerly line of Carol Street in a westerly direction from a monument at Beckley Drive; thence southeastwardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a point; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeasterly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and recorded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543-128 t HENRY & BEAVER LLP By: Marc A. Hess, Esquire Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 2006-5136 MICHAEL S. HILLEGAS and IN MORTGAGE FORECLOSURE SHARON S. HILLEGAS, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on WEDNESDAY MARCH 7, 2007 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Michael S. Hillegas and Sharon S. Hillegas which are more fully described below: OWNER OF PROPERTY: LOCATION OF PROPERTY TO BE SOLD: Michael S. Hillegas and Sharon S. Hillegas 724 Carol Street New Cumberland, Cumberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs sale takes place pursuant to a Judgment against Michael S. Hillegas and Sharon S. Hillegas in favor of Manufacturers and Traders Trust Company which Judgment was entered at No. 06-5136 in the amount of: Principal - $ 97,324.48 Interest to 8/25/06 - 10,610.55 Late Fees - 4,934.31 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,000.00 Total - $ 114,869.34 Plus all additional interest which continues to accrue at the contract rate after August 10, 2006, and after entry of judgment, until paid in full ($27.71044 per diem), actual attorney's fees, additional late fees which may continue to accrue, costs of suit and all other amounts, fees, and costs incidental to execution and levy. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property mqy be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to - 2 - prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriff s Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICES c/o Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 R. Thomas Kline Sheriff of Cumberland County - 3 - ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and more particularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the southerly line of Carol Street in a westerly direction from a monument at Beckley Drive; thence southeastwardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a point; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeasterly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and recorded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543-128 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5136 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff (s) From MICHAEL S. HILLEGAS AND SHARON S. HILLEGAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,324.48 L.L. $.50 Interest TO 8/25/06 - $10,610.55 Atty's Comm % Due Prothy $1.00 Atty Paid $140.96 Other Costs LATE FEES - $4,934.31 -- ATTORNEY'S FEES - $2000. -- PLUS ALL ADDITIONAL INTEREST WHICH CONTINUES TO ACCRUE AT THE CONTRACT RATE AFTER 8/10/06 AND AFTER ENTRY OF JUDGMENT, UNTIL PAID IN FULL ($27.71044 PER DIEM), ACUTAL ATTORNEY'S FEES, ADDITIONAL LATE FEES WHICH MAY CONTINUE TO ACCRUE, COSTS OF SUIT AND ALL OTHER AMOUNTS, FEES, AND COSTS INCIDENTAL TO EXECUTION AND LEVY. Plaintiff Paid Date: NOVEMBER 17, 2006 (Seal) Curtis R. Long, Prothon tary By: Deputy REQUESTING PARTY: Name MARC A. HESS, ESQUIRE Address: HENRY & BEAVER LLP 937 WILLOW ST., P.O.BOX 1140 LEBANON, PA 17042-1140 Attorney for: PLAINTIFF 90OZ `Z I jaquuaaaQ : ajt,Q •uiaaau pal7aaodioaui aaua.iajoj sitp Xq puv llim sigl tp!m palg «V„ I!q!gxg uo pagposap XIinj aiouz `puepagwno maN `1a3JIS IoItD t?ZL sL' pa.zagtunu pub uMOu}j Vd `,A4unoD pumiaagwnD `gBnojog puvpagwnD m3N ui palmlts Xljadoid jt,a z aql ui isa ialui s juvpuajap aip uodn painat j3t zauS au190OZ `Z I jaquzaaaQ up CR C:R C=P GE) SL # aileS aIL'Isg IVOII PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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. 6-Aa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of Februarv. 2007 s 'i? C}r ,, XFAL B&TATE SMX NO. 75 Writ No. 2006-5136 Civil Manufacturers and Traders Trust Company VS. Michael S. Hillegas and Sharon S. Hillegas Atty.: Marc A. Hess ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cum- berland, Cumberland County, Penn- sylvania, bounded and more par- ticularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the south- erly line of Carol Street in a west- erly direction from a monument at Beckley Drive; thence southeast- wardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a point; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeast- erly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Sec- tion 4, in the Plan of Cumberland Manor, as recorded in the Cumber- land County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and re- corded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543- 128. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 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 ................... . ... 0 . .. .............................. COPY Sworn to and bs ri ed ore meCt??Lobtt?Pl$6r0?1 S A L E #75 Notarial Seal Terry L. Russell, Notary. City of Har ' burg, Da n County My Commi ion Expir ne 61 2010 Do „?"?fti? oriatinn of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 SCHEDULE OF DISTRIBUTION SALE NO..75 Date Filed: April 05, 2007 Writ No. 2006-5136 Civil Term Manufacturers and Traders Trust Company VS Michael S. Hillegas and Sharon S. Hillegas 724 Carol Street New Cumberland, PA 17070 Sale Date: March 07, 2007 Buyer: Green Ridge Leasing LLC Bid Price: $160,000.00 Real Debt: $126,084.99 Interest: 1,136.13 Attorney's fees and Late Fees 202.50 Additional Insurance Fees 116.44 Total: $127,540.06 DISTRIBUTION: Receipts: Cash on account (12/04/2006): $ 1,500.00 Cash on account (03/07/2007): 16,000.00 Cash on account (03/23/2007 ): 151,673.64 Total Receipts: $169,173.64 Disbursements: Sheriffs Costs $4,150.16 Legal Search 200.00 Transfer Tax, Local 2,136.82 Transfer Tax, State 2,136.82 Cumberland County Tax Claim Bureau 3,183.80 Robin Gasperetti, Tax Collector 340.33 Attorneys Henry & Beaver 1,500.00 Manufacturers and Traders Trust Company 127,540.06 HSBC f/k/a Household Finance Consumer Discount Company 27,985.65 Total Disbursements: ($169,173.64) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 75 Held: Wednesday, March 7, 2007 Date: March 7, 2007 TAXES: Receipts for all taxes for the years 2004 to 2006 inclusive. Taxes for the current year 2007. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2007, and recorded 2007, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Michael S. Hillegas, married man, by deed dated May 1, 2000 and recorded June 1, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 222, Page 312, granted and conveyed to Michael S. Hillegas and Sharon S. Hillegas, his wife. OTHER EXCEPTIONS: The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Carol Street, and in an unnamed public alley. 6. Mortgage in the amount of $150,000.00 given by Michael S. Hillegas to Pennsylvania National Bank and Trust Company dated September 30, 1997 and recorded October 6, 1997 in Mortgage Book 1409, Page 127. Complaint in mortgage foreclosure filed by Manufaturers and Traders Trust Company, successor by merger to Pennsylvania National Bank and Trust Company, as Plaintiff against Michael S. Hillegas and Sharon S. Hillegas, in the Office of the Prothonotary of Cumberland County, on September 1, 2006 to File No. 2006-5136. Judgment in the amount of $114,869.34 entered.. 7. Mortgage in the amount of $160,869.00 given by Michael S. Hillegas to Household Finance Consumer Discount Company, dated February 24, 2000 and recorded February 28, 2000 in Mortgage Book 1597, Page 939. Complaint in mortgage foreclosure filed by Household Finance Consumer Discount Company, as Plaintiff against Michael S. Hillegas, also known as Mike Hillegas, and Sharon S. Hillegas, also known as Sharon Hillegas, as Defendants in the Office of the Prothonotary of Cumberland County, on January 12, 2007 to File No. 2007-237. No. judgment entered. 8. Mortgage in the amount of $15,000.00 given by Michael S. Hillegas to Household Realty Corporation dated February 24, 2000 and recorded Februaru 28, 2000 in Mortgage Book 1597, Page 771. Said mortgage was subordinated in favor of the mortgage recorded in Mortgage Book 1597, Page 939, by instrument recorded in Miscellaneous Record Book 734, Page 2425. 9. Mortgage in the amount of $49,000.00 given by Michael S. Hillegas and Sharon S. Hillegas to PNC Bank, N.A. dated October 30, 2000 and recorded November 13, 2000, in Mortgage Book 1651, Page 1030. 10. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau. 11. Building conditions, easements and restrictions as shown on or recorded with the Plan of Cumberland Manor recorded in Plan Book 3, Page 88. 12. Rights granted to Pennsylvania Power & Light Company by instrument recorded in Miscellaneous Record Book 75, Page 196. 13. Rights granted to Bell Telephone Company by instrument recorded in Miscellaneous Record Book 75, Page 480. 14. Satisfactory evidence to be produced that proper notice was given to the holders 15. Real estate taxes accruing on and after July 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be vz until countersigned by an authorized si REAL ESTATE SALE NO. 76 Writ No. 2006-5136 Civil Manufacturers and Traders Trust Company vs. Michael S. Hlllegas and Sharon S. Hillegas Atty.: Marc A. Hess ALL THAT CERTAIN lot, tract, parcel or piece of land and premises situate in the Borough of New Cum- berland, Cumberland County, Penn- sylvania, bounded and more par- ticularly described as follows: BEGINNING at a point on the southerly line of Carol Street, said point being three hundred thirty (330) feet measured along the south- erly line of Carol Street in a west- erly direction from a monument at Beckley Drive; thence southeast- wardly parallel with Beckley Drive one hundred thirty (130) feet to a twenty (20) foot street; thence southwestwardly along said twenty (20) foot street, sixty (60) feet to a point; thence northwardly parallel with Beckley Drive one hundred thirty (130) feet to the southern line of Carol Street; thence northeast- erly by the southern line of Carol Street sixty (60) feet to place of BEGINNING. BEING the westerly twenty (20) feet of Lot No. 269 and the easterly forty (40) feet of Lot No. 270, Sec- tion 4, in the Plan of Cumberland Manor, as recorded in the Cumber- land County Recorder's Office in Plan Book 3, Page 88. BEING THE SAME premises which Michael S. Hillegas, by his Deed dated May 1, 2000, and re- corded June 1, 2000, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 222 at Page 312, granted and conveyed unto Michael S. Hillegas and Sharon S. Hillegas, his wife. KNOWN AS 724 Carol Street, New Cumberland, Pennsylvania. TAX PARCEL No. 26-23-0543- 128. I .u c 1 ?JIM E jUz AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 75 Date Filed: April 30, 2007 Writ No. 2006-5136 Civil Term / Manufacturers and Traders Trust Company VS Michael S. Hillegas and Sharon S. Hillegas 724 Carol Street New Cumberland, PA 17070 Sale Date: March 07, 2007 Buyer: Green Ridge Leasing LLC Bid Price: $160,000.00 Real Debt: $124,945.53 Interest: 1,136.13 Attorney's fees and Late Fees 202.50 Additional Insurance Fees 116.44 Total: $126,400.60 DISTRIBUTION: Receipts: Cash on account (12/04/2006): $ 1,500.00 Cash on account (03/07/2007): 16,000.00 Cash on account (03/23/2007 ): 151,673.64 Total Receipts: $169,173.64 V'* Disbursements: Sheriff s Costs Legal Search Transfer Tax, Local Transfer Tax, State Cumberland County Tax Claim Bureau Robin Gasperetti, Tax Collector Attorneys Henry & Beaver Manufacturers and Traders Trust Company HSBC f/k/a Household Finance Consumer Discount Company Total Disbursements: Balance for distribution: So Answers: 10 $4,150.16 200.00 2,136.82 2,136.82 3,183.80 959.52 1,500.00 126,400.60 28,505.92 ($169,173.64) 0.00 R. Thomas Kline Sheriff