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HomeMy WebLinkAbout06-6345PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 143130 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 CIVIL DIVISION Plaintiff TERM V. N 0. C X. CUMBERLAND COUNTY EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER 702 HUMMEL AVENUE LEMOYNE, PA 17043 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 143130 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 143130 I . Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 The name(s) and last known address(es) of the Defendant(s) are: EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER 702 HUMMEL AVENUE LEMOYNE, PA 17043 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described On 03/06/1992 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PARENT FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1052, Page: 781. By Assignment of Mortgage recorded 10/22/1993 the mortgage was Assigned To PNC BANK KENTUCKY, INC., D/B/A PNC MORTGAGE COMPANY which Assignment is recorded in Assignment Of Mortgage Book No. 457, Page 165. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 143130 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. EDWARD L. HERSHBERGER & SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER; No. 2006-863-FTL; filed 02/13/2006; $_9.,.267.43 . (b) United States vs. EDWARD L. HERSHBERGER & SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER; No. 2006-5461; filed 09/19/2006; $ 4,703.17 . (c) United States vs. EDWARD L. HERSHBERGER ; No. 2005-3565-FTL; filed 07/14/2005; $31,692.15 . (d) United States vs. EDWARD L. HERSHBERGER; No. 2006-5462; filed 09/19/2006; $ 10, 099.58. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 51,753.22, together with interest from 10/30/2006 at the rate of $11.64 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HA- LLINA?NHMI G, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143130 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, Cumberland County, Pennsylvania, designated and described as follows: BEING Lot No. 1, Section 'E' in a plan of lots known as Plan No. 1 of Riverton, said plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Deed Book T, Volume 4, Page 40. Said Lot No. 1, Section 'E' fronting forty (40) feet on the south side of Hummel Avenue, and extending back the same width one hundred fifty (150) feet to Peach Alley. Being bounded on the North by Hummel Avenue; on the East by Lorno Street (now known as Seventh Street); on the South by Peach Alley and on the West by Lot No. 2, Section 'E', formerly owned by Lester J. Games. HAVING THEREON ERECTED a brick semi-bungalow, and concrete block garage, known as 702 Hummel Avenue BEING the same premises which Harriet G. Nelson, a/k/a Harriet G. Heagy and Stanley O. Nelson, her husband, by their deed dated December 30, 1980 and recorded December 31, 1980 in the Office of the Recorder of Deeds of Cumberland County in Deed Book G, Vol. 29, Page 392, granted and conveyed unto Frederick E. Kessler, Jr. and Sandra S. Kessler, his wife. The said Frederick E. Kessler, Jr. and Sandra S. Kessler were subsequently divorced and Sandra S. Kessler has married Edward L. Hershberger and is now known as Sandra L. Hershberger. This is a conveyance between spouses and former spouses and is exempt from all realty transfer taxes. File #: 143130 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: I V/ 3 0 /G 6 'NI) 00 r? PHELAN HALLINAN & SCHMIEG, LLP By Lawrence T. Phelan, Esquire, ID. No. 32227 Francis S. Hallinan Esquire, ID No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff Court of Common Pleas Cumberland County No. 06-6345 VS. EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER THE UNITED STATES OF AMERICA Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. 1 1 Y (aG •tcw /D?/ Date Francis S. Hallinan, Esquire Attorney for Plaintiff f VERIFICATION Amy Weis hereby states that he/she is /A v (2 of WASHINGTON MUTUAL BANK, mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: WV if) , 5 s. o cQ Name: 61S Title: A v r Company: Washington Mutual Bank Loan: 5008065483 .?' .. .t-: _?, -? c: ; ?? Aj `-? ?_. ??, ?Y ...a :{+?,. _ ; .? _??? = ; , ?? j , _., _, =:? , ? R r • PHELAN, HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK F.A. Plaintiff Vs. EDWARD L. HERSHEBERGER SANDRA L. HERSHEBERGER A/K/A SANDRA L. KESSLER And The United States of America Defendants STIPULATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION County: CUMBERLAND Filed: OCTOBER 31, 2006 No. 06-6345 It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises known as 702 Hummel Avenue, Cumberland, Pennsylvania (the "Premises") is owned by the Defendant. 2. That the Federal Tax Liens referred to in paragraph ten (10) of the Plaintiff's complaint is junior in time to the Plaintiff's mortgage set forth in paragraph three (3) of said complaint. 3. That the Defendant, United States of America, is not indebted to the Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. v 5. That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the Defendant, United States of America. 6. That the judicial sale of said property shall discharge the Federal Tax Liens referred to in paragraph ten (10) of said complaint. 7. That the proceeds of sale shall be divided and distributed as the parties may be entitled. 8. That the Defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 9. The parties to this Stipulation shall bear their own respective costs in this proceeding. Date: 416(0 Date: l Respectfully submitted Thomas A. Marino Unitedw States Attorney By: A x 6 Melissa Swauger Assistant United States Attorney Attorney for United States of America By: UJL ,., V Daniel G. Schmieg, Es iOne Penn Center at Su tu?an Sta Suite 1400 Philadelphia, PA 19103-1804 Attorneys for Plaintiff F&P#: 143130 _ -i ,.._ 7-7 = ru --C PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A. vs. : COURT OF COMMON PLEAS EDWARD L. HERSHEBERGER CIVIL DIVISION SANDRA L. HERSHEBERGER A/K/A SANDRA L. KESSL,ER THE UNITED STATES OF AMERICA CUMBERLAND COUNTY : No. 06-6345 AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO P.R.C.P. 404(2)/403 FRANCIS S. HALLINAN, ESQUIRE, attorney for Plaintiff, hereby certifies that service of the Complaint in Mortgage Foreclosure was made by sending a true and correct copy by certified mail to Defendant, THE UNITED STATES OF AMERICA, at c/o The Department of Justice, Main Justice Building, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530, which Complaint was received by Defendant, THE UNITED STATES OF AMERICA, on November 27, 006 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE DATE: December 19,E AFFIDAVIT OF SERVICE PLAINTIFF WASHINGTON MUTUAL BANK F.A. COUNTY: CUMBERLAND FILED DATE: OCTOBERT 31, 2006 COURT NO. 06-6345 DEFENDANT EDWARD L. AND SANDRA L. HERSHEBERGER A/K/A SANDRA L. KESSLER AND THE UNITED STATES OF AMERICA TYPE OF ACTION XX Mortgage Foreclosure SERVE: THE UNITED STATES OF AMERICA Eviction XX Civil Action SERVE AT: US ATTORNEY FOR USA CPL on Promissory Note C / O DEPARTMENT OF JUSTICE MAIN JUSTICE BUILDING 950 PENNSYLVANIA AVENUE, N.W. WASHINGTON, DC 20530 SERVED Served and made known to US Attorney for United States of America Defendant on November the 27 day of 2006 , at 2:15 o'clock, P. M., at 950 Pennsylvania Avenue, N.W., Washington, DC in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/ relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _XK_ Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. Other: Alex M. Hernandez I, a competent adult, being duly sworn according to law, depose and state that I personally handed to Willo T. Lee a true and correct copy of the complaint in mortgage foreclosure issued in the captioned case on the date and the address indicated above. Sworn to and subSC ibed Before me this 9 day of 00. Notary: ?', Not Served On the day of Defendant NOT FOUND because: Moved ----Unknown Other: By: Alex M. Hernandez 2006, at o'clock _.M,, No Answer Vacant Sworn to and subscribed Before me this day of , 200 Notary: PHS#: 143130 By: ATTORNEY FOR PLAINTIFF DANIEL G. SCHMIEG, ESQUIRE- I.D. # 62205 ONE PENN CENTER 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-6345 EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against EDWARD L. HERSHBERGER and SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/31/06 to 12/14/06 TOTAL $51,753.22 $523.80 $52,277.02 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. '40 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: l f ?G6 PRO ROTHY 143130 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6345 EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ? ? ? p zoo 6. ? By: i If you have any questions concerning this matter, please contact: DANIEL G. SCH IEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff Vs. EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER Defendants COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY :NO. 06-6345 TO: SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER 702 HUMMEL AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: NOVEMBER 30, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FILE copy FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff Vs. EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER Defendants TO: EDWARD L. HERSHBERGER 702 RUMMEL AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: NOVEMBER 30, 2006 COURT OF COMMON PLEAS CIVIL DIVISION CUUMBERLAND COUNTY NO. 06-6345 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FIL E Copy FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE Plaintiff, V. EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6345 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant EDWARD L. HERSHBERGER is over 18 years of age and resides at, 702 HUMMEL AVENUE, LEMOYNE, PA 17043. (c) that defendant SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER is over 18 years of age, and resides at, 702 HUMMEL AVENUE, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 0 ? ? p c-3 rn?? re An ? - Co 0-1 --< f jW -'1 l 38 B nphra K. From: ra-jnetoperations@state.pa.us Sent: Friday, December 29, 2006 11:12 AM To: Bretz, Debra K. Subject: PFAD Document Confirmation No .067138 against TRAYER, THOMAS PFAD Document Confirmation No.067138 against TRAYER, THOMAS filed by TRAYER, MELISSA RECORD ACCEPTED BY CLEAN: 2006-12-29 11:12:29Z 1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-06345 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS HERSHBERGER EDWARD L ET AL CPL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HERSHBERGER EDWARD L the DEFENDANT , at 2043:00 HOURS, on the 9th day of November , 2006 at 702 HUMMEL AVENUE LEMOYNE, PA 17043 EDWARD L HERSHBERGER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 0111 Service 7.04 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 35.04 ? 00/00/0000 I J-/ O L' u i, Sworn and Subscibed to By: before me this day of , A. D. Dep y Sherif SHERIFF'S RETURN - REGULAR CASE NO: 2006-06345 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND WASHINGTON MUTUAL BANK F A VS HERSHBERGER EDWARD L ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HERSHBERGER SANDRA L AKA SANDRA L KESSLER the DEFENDANT , at 2043:00 HOURS, on the 9th day of November , 2006 at 702 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to EDWARD L HERSHBERGER ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 7.04 Affidavit .00 So Answers: r Surcharge 10.00 R. Thomas Kline .00 23.04v/ 00/00/0000 Sworn and Subscibed to By: xel before me this day Dep y Sheriff of A.D. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. No. 06-6345 EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER . A/K/A SANDRA L. KESSLER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/14/06 to 6/13/07 (per diem -$8.59) $52,277.02 $1,554.79 and Costs TOTAL $53,831.81 DANIEL G. SCHMIEG, ESQUIRE a One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 143130 f ay ? , ? ? y V 4 ?. v v r w? w w a? x a z z z ow ? H H O° z aA ? U? V a? w? c7 WA i W! x? W i Ai W 0 F U w? o~ o w bA of w? W a w 00 as ww as zz dd xx v a? cd" Ci. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6345 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From EDWARD L. HERSHBERGER, SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER (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 $52,277.02 L.L. $.50 Interest FROM 12/14/06 TO 6/13/07 (PER DIEM - $8.59) - $1,544.79 AND COSTS Atty's Comm % Atty Paid $140.08 Plaintiff Paid Date: DECEMBER 27, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Due Prothy $1.00 Other Costs Curtis R. Long, Prothonotary Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, . V. COURT OF COMMON PLEAS EDWARD L. HERSHBERGER CIVIL DIVISION SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER NO. 06-6345 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,702 HUMMEL AVENUE, LEMOYNE, PA 17043 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K1A SANDRA L. KESSLER 702 HUMMEL AVENUE LEMOYNE, PA 17043 702 HUMMEL AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) USA, INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH FEDERATED INVESTORS TOWER U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY EASTERN DISTRICT OF PA 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 615 CHESTNUT STREET, SUITE 1250 PHILADELPHIA, PA 19106-4476 ATTN: LISA MURRAY 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE / SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF LEMOYNE 665 MARKET STREET LEMOYNE, PA 17043 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 702 HUMMEL AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. December 14, 2006 ?JV " DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, Cumberland County, Pennsylvania, designated and described as follows: BEING Lot No. 1, Section "E" in a plan of lots known as Plan No. 1 of Riverton, said plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Deed Book "J", Volume 4, Page 40. Said Lot No. 1, Section "E" fronting forty (40) feet on the south side of Hummel Avenue, and extending back the same width one hundred fifty (150) feet to Peach Alley. Being bounded on the North by Hummel Avenue; on the East by Lorno Street (now known as Seventh Street); on the South by Peach Alley and on the West by Lot No. 2, Section "E", formerly owned by Lester J. Garnes. HAVING THEREON ERECTED a brick semi-bungalow, and concrete block garage, known as 702 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. BEING the same premises which Harriet G. Nelson, a/k/a Harriet G. Heagy and Stanley O. Nelson, her husband, by their deed dated December 30, 1980 and recorded December 31, 1980 in the Office of the Recorder of Deeds of Cumberland County in Deed Book G, Vol. 29, Page 392, granted and conveyed unto Frederick E. Kessler, Jr. and Sandra S. Kessler, his wife. The said Frederick E. Kessler, Jr. and Sandra S. Kessler were subsequently divorced and Sandra S. Kessler has married Edward L. Hershberger and is now known as Sandra L. Hershberger. This is a conveyance between spouses and former spouses and is exempt from all realty transfer taxes. PARCEL IDENTIFICATION NO: 12-22-0824-180 PREMISES BEING: 702 HUMMEL AVENUE, LEMOYNE, PA 17043 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Edward L. Hershberger and Sandra L. Hershberger, husband and wife, by Deed from Frederick E. Kessler, Jr. and Sandra S. Kessler, now known as Sandra L. Hershberger, dated 08/30/1990, recorded 08/31/1990, in Deed Book T34, page 371. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6345 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?? i. _ t? ,._.t _ ? T i 1. J S ('_; ?? ^-. .«i _ y ?..+? _ („' WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER AIK/A SANDRA L. KESSLER Defendant(s). CUMBERLAND COUNTY No. 06-6345 December 14, 2006 TO: EDWARD L. HERSHBERGER 702 HUMMEL AVENUE LEMOYNE, PA 17043 SANDRA L. HERSHBERGER AIK/A SANDRA L. KESSLER 702 HUMMEL AVENUE LEMOYNE, PA 17043 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 702 HUMMEL AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $52,277.02 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, Cumberland County, Pennsylvania, designated and described as follows: BEING Lot No. 1, Section "E" in a plan of lots known as Plan No. 1 of Riverton, said plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Deed Book "J", Volume 4, Page 40. Said Lot No. 1, Section "B" fronting forty (40) feet on the south side of Hummel Avenue, and extending back the same width one hundred fifty (150) feet to Peach Alley. Being bounded on the North by Hummel Avenue; on the East by Lorno Street (now known as Seventh Street); on the South by Peach Alley and on the West by Lot No. 2, Section "E", formerly owned by Lester J. Garnes. HAVING THEREON ERECTED a brick semi-bungalow, and concrete block garage, known as 702 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. BEING the same premises which Harriet G. Nelson, a/k/a Harriet G. Heagy and Stanley O. Nelson, her husband, by their deed dated December 30, 1980 and recorded December 31, 1980 in the Office of the Recorder of Deeds of Cumberland County in Deed Book G, Vol. 29, Page 392, granted and conveyed unto Frederick E. Kessler, Jr. and Sandra S. Kessler, his wife. The said Frederick E. Kessler, Jr. and Sandra S. Kessler were subsequently divorced and Sandra S. Kessler has married Edward L. Hershberger and is now known as Sandra L. Hershberger. This is a conveyance between spouses and former spouses and is exempt from all realty transfer taxes. PARCEL IDENTIFICATION NO: 12-22-0824-180 PREMISES BEING: 70214UMMEL AVENUE, LEMOYNE, PA 17043 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Edward L. Hershberger and Sandra L. Hershberger, husband and wife, by Deed from Frederick E. Kessler, Jr. and Sandra S. Kessler, now known as Sandra L. Hershberger, dated 08/30/1990, recorded 08/31/1990, in Deed Book T34, page 371. ?-? ? - :? .? ?-? L _ "? S? (: ?i ?-,.? ?? i ? ?? t " .. 1 : -. 4.d AFFIDAVIT OF S)MVICE PLA94T]7F WASFrNGTON MUTUAL RANK, F.A. DEFENDANT(S) XDWARD L. FaMSfWERGFR SANDItA L. EERSMERGER A/K/A SANDRA L. KESSLER WAVE: EDWARD L ERGFR 702 IIUBOWML ASE LEMOYNE, PA 17043 CUMMML4ND COUNTY No. 0"345 LLD ACCT. 008 TYPO of A,cdoe - Notke of S6erWg Sale Sale Date: .TUNE 13, 2007 8 RUED Served and made la:own to ?c ,.? 4 r a L u?rS 4 ?,er5?r. ?? + k 21 on on the ----_ 40 of v 200.2 at o' m,, at-30 Z N ta"v:r .- ) Q, r ofpamsylvania, in the m amw described below Cammonwetdth ,/Defindant pasaally served. Aduk AMPY member with whom Des) etaide(s). Name aad ItelatioudW is Adult in rbwp of De s)'s maikience who refused to give name or rehWonsNp. Menow/Clerk of place of lodging is which Defandant(s) reside(s). Ageut or person in ChRIV of Dfandant(s)'s ofoe or usual place of business. _? an officer of said Defendant(s)'s cempay. Ms s: Agw-Q _?oa Height G-'9 Y Weight ? 3? Race ") Sex Other o b er4? tpetprt adWt, be duly sworn according to kw, depose ant stem that I a t Address ladicAted serve. SilskU-&fi in the MaRm as sat forth Lerek issued in the pathe d lly faded captioed n am on the date and at S to and so%OW i day 2004 AT1' r S&itVYC'!+ AT L8A$T 3 7114M. MICATE DAM & TIM" OF =VIC, ArMM T b, by "''• s'???t? y?tM pri ?y?ln Sl-Iz - , E, W JerSny 1? V i? ?dll ? liLr On PATrvC es?ARRfS _ , 200,_,, at o'clock _.m., DofendW NOT I+OUND because: -""`- Moved Unimown No Answer _.,,_._ YACarit X" Attempt: / Time: 2,d Attempt./ / Time. 3rd Attempt.- _- / Time: Sworn to and subscribed before me this ?y 200 Notary: RY' Daniel G. Sehu Lquire - LO. Na QM ?? oL/T9 39ad S30IM3S 8t9IWbd /3?. OGZBLOL609 TO:TT 9ooZ/ZZ/ZT A ° - 0 rt w -ef ` _C3 rr C w ArMAVI'Y' OY SRILVICE PLAMW WASHINGTON MUTUAL BANK, F.A. DEFENDANT(S) EDWARD 1, EMRSHBERGL)k SANDRA L. HERSMzRGER A/WA SANDRA L. KES.SY. M SERVE: SANDRA L f"RSIIBERGER A/WA SANDRA L, IKE58I" 702 EftjbVMZL AV1sr.N" LEMOYNL PA 17043 CUMMBERLAM COUNTY No. 06-6345 LLD -N&# N31-60 ACCT. TYPO of Action - Notice of Sberws Sale Sale D+rto: JUNE 13, 2007 SE VED Served and made known to .xtnc, r J.. ehci r h befeKIaar, on the ?, of .? u n Lt u r y , 2001, at 9i : 5-1 o'clockf.m, at -70 L /-? w.,?v?c I quG ' , Comatonvveelth of Pmnsylvm* lathe manner described belov r; D served. ___ ? Ad mil member with whom ----aac?e in ?e Of Del t(s)•s luMMO refimed to lve and Ro ra do is ? ?,s ? /Clerk of place of bdgiag in which Defe s name or ?? --? ) readc(s). --._.?..Apat or person in dwp o f t1gimulaygays offioa or usual place of business. an officer of amid De fps) 's company. -OdW Dow ?+' Ag``T- a `?' Hei l Weight 23 a I, ? Sex ,," O? O?? acobe d Perso=Uy h anded a true and cones Wpy of the Notice of Sh uly .mom c°rfiag to law, depose and state tint Y captioned case on the dab and at the addrm ludicaoed above. in the nanmec as $at forth berelq, issued in the su 0 L State e;a i, grey SERVICE AT LEAST 3 TIMES. INDICATE DATE$ A TIMES Op SERVICE PA i r IOIA E. HARRIS A7l`I`E11fPTED Commission Expires June 16, 2008 NOT SERVED On do -- dsy of 200T ac ? o'clock _.m., Defendant NOT JrOU" be WW: Moved Unknown_ No Answer 1 Attmgp ! / Time: 3rd Attempt.-.__L__ /_ Timor Sworn to and subscribed before me this - day of .200 Notary; Altoraev liar Ptaiatlir Daniel G. amain LD.1N'o. 622oS 7,2- OL/Z9 39bd SMIAe M w-liw-i - Vacant 2"d Attempt: / / Tame: ,137 OGZBLVL609 TB:TT 90oZ/ZZ/ZT G ? C5 Y ?? W - a ye . SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. VS. EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER No.: 06-6345 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 702 HUMMEL AVENUE, LEMOYNE, PA 17043. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. j ANIEL SC MIEG, ES E Attorney for Plaintiff June 6, 2007 r y.a r ? r w rc? 6 D d ?. x ab ro? t7, ?o x rJ a" N to ? wq R C ??g+ ti H G n? ?la w x w ry b p q °" N ° x ct . H H 8 ?6 'n?mF z$?y? g na ? pn ?Sm q. n o s _ b r O O y cv, tz tt n oo G V? O 9 41 oZ G? o .i cnC1 a, vQi W `r '' r t?T1 p C/) r^3 n O a°, tri r' < N G trl 9 o b ? r to O o v 4 o ? 9 d d r osp rmxv now" 02 1M $ 02.750 c: 0004218010 DEC 21 2006 MAILED FROM ZIP CODE 19 10 3 7160 3901 9849 6944 4574 TO: USA, Internal Revenue Service, Special Procedures Branch, Federated Investors Tower 1001 Liberty Ave., Thirteenth Floor Ste. 1300, Pittsburgh, PA 15222 t SENDER: TEAM4 LLD REFERENCE: 143130 PS Form 3800 January 2005 RETURN Postage .39 RECEIPT Certified Fee 2.40 SERVICE Return Receipt Fee 1.85 Restricted Delivery 3.70 Total Postage & Fees <7*04 i ? US Postal Service POSTM/I i}E .QQT, Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail ---------- ------- -- ---------- - --------- --------------------------- 7160 3901 9849 6944 4581 TO, U.S. Department of Justice, U.S. Attorney, Eastern District of PA, Attn: Lisa Murray 1 615 Chestnut Street, Ste. 1250 Philadelphia, PA 19106-4476 SENDER: TEAM4 LLD REFERENCE: 143130 PS Form 3800 January 2005 1 RETURN Postage RECEIPT Certified Fee 2.4 1 SERVICE E Return Receipt Fee 1.85 Restricted Delivery 3.70 Total Postage & Fees 8.34 i US Postal Service POSTMARK OF[ DATE Receipt for Certified Mail No insurance Coverage Provided Do Not Use for International Mail s ---------- ------------------------------- --- -------------------------------------------- I ? ? G? ? .--t -r, a- rT' _ r. - ? j C? _f , . s w { ? :? _ ;?-n ,.._. ,: ? .? ? =.? Washington Mutual Bank, F.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Edward L. Hershberger and Sandra Writ No. 2006-6345 Civil Term L. Hershberger, a/k/a Sandra L. Kessler Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2007 at 1935 hours, he 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: Edward L. Hershberger and Sandra L. Hershberger a/k/a Sandra L. Kessler, by making known unto Sandra L. Hershberger a/k/a Sandra L. Kessler, personally and wife of Edward L. Hershberger, at 702 Hummel Ave, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0923 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 Edward L. Hershberger and Sandra L. Hershberger, a/k/a Sandra L. Kessler, located at 702 Hummel Avenue, Lemoyne, 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: Edward L. Hershberger and Sandra L. Hershberger, a/k/a Sandra L. Kessler, by regular mail to their last known address of 702 Hummel Ave, Lemoyne, PA 17043. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 20.58 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Law Journal 443.00 Patriot News 392.45 Share of Bills 16.17 Postpone Sale 40.00 $1,049.42 So Ans R. Thomas Kline, Sheriff B'Y?j` 1 Real Estate Sergeant ?x. G o3° 9 /q p3 iz i WASHINGTON MUTUAL BANK, F.A. Plaintiff, v. EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6345 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCH IIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at.702 HUMMEL AVENUE. LEMOYNE. PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER 702 HUMMEL AVENUE LEMOYNE, PA 17043 702 HUMMEL AVENUE LEMOYNE, PA 17043 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) USA, INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH FEDERATED INVESTORS TOWER U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY EASTERN DISTRICT OF PA 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 615 CHESTNUT STREET, SUITE 1250 PHILADELPHIA, PA 191064476 ATTN: LISA MURRAY 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE / SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF LEMOYNE 665 MARKET STREET LEMOYNE, PA 17043 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 702 HUMMEL AVENUE LEMOYNE, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. "- 1?? 14 A 1?01 L 1. '1600 December 14, 2006 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. CUMBERLAND COUNTY No. 06-6345 EDWARD L. HERSHBERGER SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER Defendant(s). December 14, 2006 TO: EDWARD L. HERSHBERGER 702 HUMMEL AVENUE LEMOYNE, PA 17043 SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER 702 HUMMEL AVENUE LEMOYNE, PA 17043 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 702 HUMMEL AVENUE. LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $52,277.02 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance • ? r you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten 00) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .- . LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, Cumberland County, Pennsylvania, designated and described as follows: BEING Lot No. 1, Section "E" in a plan of lots known as Plan No. 1 of Riverton, said plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Deed Book "J", Volume 4, Page 40. Said Lot No. 1, Section "E" fronting forty (40) feet on the south side of Hummel Avenue, and extending back the same width one hundred fifty (150) feet to Peach Alley. Being bounded on the North by Hummel Avenue; on the East by Lorno Street (now known as Seventh Street); on the South by Peach Alley and on the West by Lot No. 2, Section "E", formerly owned by Lester J. Games. HAVING THEREON ERECTED a brick semi-bungalow, and concrete block garage, known as 702 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. BEING the same premises which Harriet G. Nelson, a/k/a Harriet G. Heagy and Stanley O. Nelson, her husband, by their deed dated December 30, 1980 and recorded December 31, 1990 in the Office of the Recorder of Deeds of Cumberland County in Deed Book G, Vol. 29, Page 392, granted and conveyed unto Frederick E. Kessler, Jr. and Sandra S. Kessler, his wife. The said Frederick E. Kessler, Jr. and Sandra S. Kessler were subsequently divorced and Sandra S. Kessler has married Edward L. Hershberger and is now known as Sandra L. Hershberger. This is a conveyance between spouses and former spouses and is exempt from all realty transfer taxes. PARCEL IDENTIFICATION NO: 12-22-0824-180 PREMISES BEING: 702 HUMMEL AVENUE, LEMOYNE, PA 17043 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Edward L. Hershberger and Sandra L. Hershberger, husband and wife, by Deed from Frederick E. Kessler, Jr. and Sandra S. Kessler, now known as Sandra L. Hershberger, dated 08/30/1990, recorded 08/31/1990, in Deed Book T34, page 371. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6345 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From EDWARD L. HERSHBERGER, SANDRA L. HERSHBERGER A/K/A SANDRA L. KESSLER (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 $52,277.02 L.L. $.50 Interest FROM 12/14/06 TO 6/13/07 (PER DIEM - $8.59) - $1,544.79 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.08 Other Costs Plaintiff Paid Date: DECEMBER 27, 2006 (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 f"N Real Estate Sale # 13 On January 25, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 702 Hummel Avenue, Lemoyne, Lemoyne Borough, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date.January 25, 2007 By: Real Estate Sergeant LZ 11 b b- NVF 1001 lF t _ ?1` 3fli PROOF OF PUBLICATION OF NOTICE - IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: April 20, 27 & May 4, 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. sa Marie Coyne, ditor SW RN TO AND SUBSCRIBED before me this 4 day of May, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL i&TATE 1AM NO. 13 Writ No. 2006-6345 Civil Washington Mutual Bank, F.A. VS. Edward L. Hershberger and Sandra L. Hershberger a/k/a Sandra L. Kessler Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situated in the Borough of Lemoyne, Cumberland County, Pennsylvania, designated and described as fol- lows: BEING Lot No. 1, Section "E" in a plan of lots known as Plan No. 1 of Riverton, said plan being re- corded in the Recorder's Office at Carlisle, Pennsylvania, in Deed Book "J", Volume 4, Page 40. Said Lot No. 1, Section "E" fronting forty (40) feet on the south side of Hummel Avenue, and extending back the awe awth am hmired #? (150 tit to I Allier. Hdlg boundad an the North by Hu=nwl Avenue; 1 on the East by Lorno Street (now known as Seventh Street); on the South by Peach Alley and on the West by Lot No. 2, Section "E", for- merly owned by Lester J. Games. HAVING THEREON ERECTED a brick semi-bungalow, and concrete E block garage, known as 702 Hummel Avenue, Lemoyne, Cum- berland County. Pennsylvania. BEING the same premises which Harriet G. Nelson, a/k/a Harriet G. Heagy and Stanley O. Nelson, her husband, by their deed dated De- cember 30, 1980 and recorded December 31, 1980 in the Office of the Recorder of Deeds of Cumber- i. land County in Deed Book G, Vol. 29, Page 392, granted and conveyed unto Frederick E. Kessler, Jr. and Sandra S. Kessler, his wife. The said Frederick E. Kessler, Jr. and San- dra S. Kessler were subsequently divorced and Sandra S. Kessler has married Edward L. Hershberger and is now known as Sandra L. Hershberger. This is a conveyance between spouses and former spouses and is exempt from all realty transfer taxes. PARCEL IDENTIFICATION NO: 12-22-0824-180. PREMISES BEING: 702 HUM- MEL AVENUE, LEMOYNE, PA 17043 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Edward L. Hershberger and Sandra L. Hershberger, hus- band and wife, by Deed from Frederick E. Kessler, Jr. and Sandra S. Kessler, now known as Sandra L. Hershberger, dated 08/ 30/1990, recorded 08/31/1990, 4h 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#13 Sworn to and subscribe ?M&A OF ?M007 A.D. Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Commission ExpiresJune 6, 2010 / / J Me .Penn v 1-Association of Notaries NO Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013