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HomeMy WebLinkAbout07-4861PHELAN HALLINAN &SCHMIEG, LLP 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 159298 RESIDENTIAL FUNDING COMPANY, LLC 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO, CA 92123 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff n;vi ( ~~M NO. b7 ' ~8l0/ l: v. CUMBERLAND COUNTY DOUGLAS V. SIMMONS 430 CANDLEWYCK ROAD CAMP HILL, PA 17011 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #~: 159298 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 #: 159298 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 File #: 159298 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 #: 159298 1. Plaintiff is RESIDENTIAL FUNDING COMPANY, LLC 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO, CA 92123 2. The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS V. SIMMONS 430 CANDLEWYCK ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. S. On 09/14/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEEE FOR NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1966, Page: 2232. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. 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 04/01/2007 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 #: 159298 6 The following amounts are due on the mortgage: Principal Balance $269,746.94 Interest $11,781.84 03/01/2007 through 08/15/2007 (Per Diem $70.13) Attorney's Fees $1,250.00 Cumulative Late Charges $437.00 09/14/2006 to 08/15/2007 Cost of Suit and Title Search $550.00 Subtotal $283,765.78 Escrow Credit $0.00 Deficit $2,461.00 Subtotal $2,461.00 TOTAL $286,226.78 7 8 If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 159298 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $286,226.78, together with interest from 08/15/2007 at the rate of $70.13 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 LLINAN &SCHMIEG, LLP c <~ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 159298 LEGAL DESCRIPTION All that certain lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania. BEING Lot No. 108 on Plan of Lots entitled'Section No. 4-Allendale Development Corporation', made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania on November 27, 1959, revised March 24, 1960 and recorded in said County in Plan Book 11, Page 30. AND with all improvements thereon and known and identified as No. 430 Candlewyck Road. BEING the same premises which Susan D. Herbert by Deed dated 6/8/04 and recorded 6/10/04 in Cumberland County Deed Book 263, Page 2292, granted and conveyed unto Christine M. Hamilton and Jason B. Hamilton. AND BEING the same premises which Christine M. Hamilton and Jason B. Hamilton by Deed dated and recorded even date herewith granted and conveyed unto Douglas V. Simmons. PARCEL NO: 13-24-0807-113. PROPERTY BEING: 430 CANDLEWYCK ROAD File #: 159298 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. T'he 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: n_ n,,a ~ ~ ~~~ ~~ _ ...p ~ ~ ~ r.... T ~ ~7 W ~ ~ t ~~ T - ~ ,x•13 { -;' ~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-04861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESIDENTIAL FUNDING COMPANY VS SIMMONS DOUGLAS V STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIMMONS DOUGLAS V the DEFENDANT at 2020:00 HOURS, on the 22nd day of August 2007 at 430 CANDLEWYCK ROAD CAMP HILL, PA 17011 by handing to CHRISTINE HAMILTON SISTER IN LAW, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 00 Qw. q~~~~6 ~ 43 .36 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/04/2007 PHELAN HALLINAN SCHMIEG By: eputy Sheriff Of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-04861 P `, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESIDENTIAL FUNDING COMPANY VS SIMMONS DOUGLAS V R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SIMMONS DOUGLAS V but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On September 4th 2007 this office was in receipt of the attached return from PERRY ~ Sheriff's Costs: So a~ Docketing 6.00 Out of County 9.00 Surcharge 10.00 ~ R 1 Dep Perry County 100.00 er~ Postage . 75 ~ ~ 4 ~ a7 125.75 ~ 09/04/2007 PHELAN HALLINAN SCHMIEG f of Cumberland County Sworn and subscribe to before me this day of A.D. t In The Court of Common Pleas of Cumberland County, Pennsylvania R~idAntial Funding Canpany LLC VS. Douglas V. Simmons No. 07-4861 civil Now, August 16, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~..~, County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ ~~.~ Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, August 2 7 , , 20 0 7 at 6 : 0 9 o'clock _~ M. served the within Complaint in Mortgage Foreclosure upon Douglas V. Simmons at 113 Chestnut St. Marysville Boroough, PA 17053 by handing to . Douctlas V Simmons, Defendant Complaint in a True & Attested . copy of the original Mor ¢~P car _7 0~ ~rP and made known to xim the contents thereof. So answers, Aaron D. Richards Sworn and subscribed before me this~day of ~L~-- , 20~ V NOTARIAL SEAL `~ MAlIBMET F. FUCIUNGER, NOTARY PUBLIC 810011~1E1p BORA, PERRY COUNTY MY OOMMIZ~ION EXPIRES FE6.16, 20OA Deputy Sheriff of Perry County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT ;~~""!M 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 RESIDENTIAL FUNDING COMPANY, LLC 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO, CA 92123 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4861CIVIL TERM DOUGLAS V. SIMMONS 113 CHESTNUT STREET MARYSVILLE, PA 17053 "Defendant(s). AMENDED 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 DOUGLAS V. SIMMONS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: 5 As set forth in Complaint $286,226.78 Interest from 08/16/07 to 10/04/07 $ 3,506.50 TOTAL $289,733.28 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. DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 159298 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 14103-1814 {215) 563-7000 RESIDENTIAL FUNDING COMPANY, LLC 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO, CA 92123 v. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 07-4861CIVIL TERM DOUGLAS V. SIMMONS 113 CHESTNUT STREET MARYSVILLE, PA 17053 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 DOUGLAS V. SIMMONS, 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 Plaintiff s damages as follows: As set forth in Complaint $3,506.50 Interest from 08/16/07 to 10/04/07 $ 3,506.50 TOTAL $289,733.28 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. ANIEL .SCHMIEG, ESQ ~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. nn DATE: ~ 05 07 - K O PROTHY 159298 ,~ 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 RESIDENTIAL FUNDING COMPANY, LLC :COURT OF COMMON PLEAS Plaintiff Vs. DOUGLAS V. SIMMONS Defendants TO: DOUGLAS V. SIMMONS 430 CANDLEWYCK ROAD CAMP HILL, PA ]7011 DATE OF NOTICE: SEPTEMBER 19.2007 &..v ~, ~ ~ ~ ~~ ~` ~. 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 CIVIL DIVISION CUMBERLAND COUNTY NO. 07-4861-CIVIL TERM CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 1 F NCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff 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. 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 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff Vs. DOUGLAS V. SIMMONS Defendants TO: DOUGLAS V. SIMMONS 113 CHESTNUT STREET MARYSVILLE, PA 17053 DATE OF NOTICE: SEPTEMBER 19.2007 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-4861-CIVIL TERM ~ .t ~-:, ~~ t-~, ~ z ti ~~ ~. ~ ~~' ~~ _~;: 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 OBIECTIONS 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 ~.a-,--- NCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff a s 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 RESIDENTIAL FUNDING COMPANY, LLC 9275 SKY PARK COURT THIRD FLOOR Plaintiff, v. DOUGLAS V. SIMMONS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION . N0.07-4861CIVIL TERM 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 DOUGLAS V. SIMMONS is over 18 years of age and resides at , 113 CHESTNUT STREET, MARYSVILLE, PA 17053 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. V ANIEL G. SCHMIEG, ES ~ Attorney 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 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, , v. , DOUGLAS V. SIMMONS , Defendant(s). , ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4861CIVIL TERM CERTIFICATION DAl~TIEL 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: Q 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. AIVIEL G. S IEG, ES U ~ Attorney for Plaintiff ~~ '~!' ~~ ~ ~ ~ ~ i ~ s ^ ~ (y ra -s 00 d '+~ > 00 C3"3 _ - _. _ _' ~- - ~ -: .. ..~j ~ Apr J (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RESIDENTIAL FUNDING COMPANY, LLC 9275 SKY PARK COURT THIRD FLOOR Plaintiff, v. DOUGLAS V. SIMMONS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4861CIVIL TERM Defendant(s). 1 ANIEL G. HMIEG, ESQ I 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.** Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ +(~- 5 ~, 200 7 . By: s ' ~. If you have any questions concerning this matter, please contact: t t- PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, v. . No. 07-4861CIVIL TERM DOUGLAS V. SIMMONS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/04/07 to MARCH 5, 2008 (per diem -$47.63) Add'1 Costs TOTAL $289,733.28 $ 7,287.39 and Costs $ 2,176.50 $ 299,197.17 4 DANIEL G. SC~-iMIEG, ESQ ~ One Penn Center at Suburban tati 1617 John F. Kennedy Boulev ,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. 159298 M V7 O t`~ a ~V w ~ a ~ ~ ~w o~ a ~ ~~ ~ U ~ ~ ~. ~ ~ a ~ ~ N ow o ~ o; ~ H t,~ u' W ~ ~ ~'. C ~ ~ > ~` ~ au o V a ~+ ~ A a G ~ j ~'''' ~ O O ~ ~ ~+ ° Q ~ ~ ~' ai o~ W w d W o.~ ~~ ~U ~ ~ C? -r~ c„ :--~+ ~ ~ r;-, -~~. „~ g~ - _ a ~ ~, ~ ~~ c,, ; ~ _ ~ v "- tS~ $ v - ~ ~~ r~ ~ a a ~ ~' ~ ~~ t DESCRIPTION All that certain lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania. BEING Lot No. 108 on Plan of Lots entitled 'Section No. 4-Allendale Development Corporation', made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania on November 27, 1959, revised March 24, 1960 and recorded in said County in Plan Book 11, Page 30. AND with all improvements thereon and known and identified as No. 430 Candlewyck Road. BEING the same premises which Susan D. Herbert by Deed dated 6/8/04 and recorded 6/10/04 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 263, Page 2292, granted and conveyed unto Christine M. Hamilton and Jason B. Hamilton, Grantors herein. PARCEL IDENTIFICATION NO: 13-24-0807-113 Premises: 430 Candlewyck Road, Camp Hill, PA 17011 Lower Allen Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Douglas V. Simmons, adult Individual, by Deed from Christine M. Hamilton and Jason B. Hamilton, husband and wife, dated 09/14/2006, recorded 09/19!2006, in Deed Book 276, page 3617. RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, . v. DOUGLAS V. SIMMONS Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4861CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) RESIDENTIAL FUNDING COMPANY, LLC_, 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 ,430 CANDLEWYCK ROAD, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS V. SIMMONS Last Known Address (if address cannot be reasonably ascertained, please indicate) 113 CHESTNUT STREET MARYSVILLE, PA 17053 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NOVASTAR MORTGAGE INCORPORATED 25520 COMMERCENTRE DRIVE 2~ FLOOR LAKE FOREST, CA 92630 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 430 CANDLEWYCK ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Boz 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r October 4, 2007 DATE ANIEL G. SC IEG, ESQ ~ Attorney for Plaintiff r~ ~ a L _ `~ ~' ~~ .~"` .-i -- .~.~; ' ~-~ ~. - t' `~ ' `, -- .:, ,.:Ma ~ ~-~.. ~~~~i ~~ 4 ~} '~ RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, v. DOUGLAS V. SIMMONS Defendant(s). . CUMBERLAND COUNTY . No. 07-4861CIVIL TERM October 4, 2007 TO: DOUGLAS V. SIMMONS 113 CHESTNUT STREET MARYSVILLE, PA 17053 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TD COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREYIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLR'CT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. Your house (real estate) at X430 CANDLEWYCK ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013, to enforce the court judgment of $289,733.28 obtained by RESIDENTIAL FUNDING COMPANY, LLC (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: 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 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 Sheriff s 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 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 f DESCRIPTION All that certain lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania. BEING Lot No. 108 on Plan of Lots entitled 'Section No. 4-Allendale Development Corporation', made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania on November 27, 1959, revised March 24, 1960 and recorded in said County in Plan Book 11, Page 30. AND with all improvements thereon and known and identified as No. 430 Candlewyck Road. BEING .the same premises which Susan D. Herbert by Deed dated 6/8/04 and recorded 6/10/04 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 263, Page 2292, granted and conveyed unto Christine M. Hamilton and Jason B. Hamilton, Grantors herein. PARCEL IDENTIFICATION NO: 13-24-0807-113 Premises: 430 Candlewyck Road, Camp Hill, PA 17011 Lower Allen Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Douglas V. Simmons, adult Individual, by Deed from Christine M. Hamilton and Jason B. Hamilton, husband and wife, dated 09/1412006, recorded 09/19/2006, in Deed Book 276, page 3617. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4861 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RESIDENTIAL FUNDING COMPANY, LLC, Plaintiff (s) From DOUGLAS V. SIMMONS (1) You are directed to levy upon the properly of the defendant (s)and to se115EE 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 $289,733.28 L.L. $.50 Interest from 10/04/07 to 3/05/08 (per diem - $47.63) -- $7,287.39 and Costs Atty's Comm Atty Paid $288.11 Plaintiff Paid Date: 10-05-07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,176.50 /s/ ~ ~• is R. Long, Prothono ry By: Deputy 1`lame DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF RESIDENTIAL FUNDING COMPANY, LLC DEFENDANT(S) DOUGLAS V. SIMMONS SERVE DOUGLAS V. SIMMONS AT 113 CHESTNUT STREET MARYSVILLE, PA 17053 SERVED CUMBERLAND COUNTY No. 07-4861CIVIL TERM ACCT. #159298 Type of Action - Notice of Sheriff s Sale Sale Date: MARCH 5, 2008 Servepd and made known to L ~' U CS[~F1 S V - S~MM~~ 5 ,Defendant, on the 3 ( St day of C'TtAOif--R-, 2001, at 8 = ~~ ,o'clock ~.m., at (13 ` t~}~S~Nt/T ~~(~dS VILt-E ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~QS Height ~~~ Weight ~~ Race ~~ Sex ~ Other I, ~0 NSA ~~ (~ Irk- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 3 t day of cx~1Z , 2001. Notary: By: PLEA AT~.MPT SCR ~~pT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ~EVDORE J.~IA~RIS- NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On th1AY CO~IIISS~NIEXPIRES 10/25/2012 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 13t Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 . Notary: Vacant 2°a Attempt: / / Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 6220 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 s ~ `~` .a ,...~ ~: ~ -~ 1~ ..~: 'il L.wf C,~ ` .""1 ,1''}k..~ ~,'d T~i.A~r 3 . ~ ~ ~..~ `~, SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RESIDENTIAL FUNDING COMPANY, LLC No.: 07-4861CIVIL TERM vs. DOUGLAS V. SIMMONS 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: 430 CANDLEWYCK ROAD, CAMP HILL. PA 17011. 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. / v 1 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: January 29, 2008 159298 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, v. DOUGLAS V. SIMMONS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4861CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) RESIDENTIAL FUNDING COMPANY, LLC ,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 1430 CANDLEWYCK ROAD, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS V. SIMMONS Last Known Address (if address cannot be reasonably ascertained, please indicate) 113 CHESTNUT STREET MARYSVILLE, PA 17053 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NOVASTAR MORTGAGE INCORPORATED 25520 COMMERCENTRE DRIVE 2~ FLOOR LAKE FOREST, CA 92630 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) LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY 120 LIME KILN ROAD NEW CUMBERLAND, PA 17070 C/O STEVEN P. MINER, ESQ. 1035 MUMMA ROAD, SUITE 101 WORMLEYSBURG, 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) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 430 CANDLEWYCK ROAD CAMP HILL, PA 17011 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 unsworn falsification to authorities. January 29, 2008 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ba ~" _ _ r o to A w N ~ p ~D 00 J O~ t!i A w N "'r c o r~ ~. ~ ~~ A n. =; C1 fD Z -, ~~ g rz bd ro~ ~o ~ o o s ~ ~ ~ ro~ 'o~ y v' ' t~..,y ~ ooh uq ~~ ~ ~ vaF y O p z ~ C7 a n y 9s ~ C ~ ~ ~ oho p ~ `b io ~ o ~ o n a t8 ~~~ ~ ~ ~ ~, ~ y r ' k`1' cY ~ N~ ~ Y x ~ ~ ~ ~ Z O I~.~ I~+ ~ A N ~. C1.! ~ y ~ z ro [s1 O co v~ u, ~ < ~ y~ ~~ ~ d n ~ o N o ~ ~ ~ ~ ca ~ cQo '* ~. v' ' ~ ~ a ~ (~ +-+ ~ ..y a ~ N~ ~ a ~ ~ ., ~ ;A ~, z n . b ~~ r ~ a o G7 ~, ~ r ~ C y ~ ~ w ~y N ~ I/O}~ O ~ ~ y ~ C ~~, ~ ~ z te ! A l~J y ~ w~.r -~ ~ !~1 / \ ~y V a ~ n ~" ~ V C ~ ~ `~ ~~ O ~ ~ ~- 5 ~~ o ro ~ V ~ ~ ~ '-' ~ ~ ~ ~° `d ~ n C ~ V + ~ J W ~ r"'J W yy H H ~ , D ~ J y ~ ~ ~ ~ ~~s~a t!1 ~, o ~ (p ~ 0 "'~7 o 00 ~..~ ~ ~ ~ r, ~ r ~ ~~~ io 0 ~' ~ `° r o ~ ~ ~. ~ ~~ ~ p ~ co cu ... g: ~ ~ c ~ ~ ~ ~ti X~ ~: O O ~~ ~ . y D . ~U~~~ n ~ g~F a - H r ~• a' ~ ~ ~ H n as ~° c~ ~° ~ ®. ~ ~ ~ a 5. 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Fxnn^ 0 0 0 ~ o'~~ 3 ~~ ~ ~. ~~ ~ d~ ~ ~ ~~.n ~~~~. ~ ~°. 3 9e'oe e ~. 0 n' N O w 1=: ~ '~ w y y.,~ ~' k6; ~• o ~~+ O ~ O o O M a yr /~+ ~~ ~ ~r zr R p Z v z a ~p ~G o O~ ~~ ~ ~ ~ C a ~~ ~ ~x x ~~ ~ ~n c ~' O o W .I ` H 1• •~ ~ ~ z :~ z ~ o z y ~ d ^^J lam/ N 0 w y o~z ~,a~ A ~ d ~ C :e o. ~ O ~ O b r"' ~~~~ .~ '~ Y~?t-' ~~ ~~ O~ ~o~R~ ~_~ ~ ~<~n A a' ~ ~ --3 ... ~~ r ~~ r °o ~ 0 - g'SPi~ PST `4~` 2 {~L' ~® ~z 02 ,M ~ 02.10° 0004218010 JAN 24 2008 MAILED FROM ZIP CODE 19103 ~~ i; ri ~ cy ~ ~~ :~ ` L3 r=f'' d" ~ Il , =_~ ~ CL? t7'1 Cr!;:;: f ~!~~''T ~ ~ _ t ..~ ~.'' ~ „i .~ ~i W Residential Funding Company, LLC VS Douglas V. Simmons In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-4861 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Douglas V. Simmons, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sheriffs Sale, and Description in the above entitled action according to law. Perry County return: And Now, January 16, 2008 at 1808 hrs served the within Real Estate Writ, Notice of Sheriff s Sale and Description upon the within named defendant, to wit: Douglas V. Simmons, by making known unto Douglas V. Simmons at 113 Chestnut Street, Marysville, PA 17053 its contents and at the same time handing him a true and correct copy of the same. So answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1054 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Douglas V. Simmons located at 430 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Douglas V. Simmons by regular mail to his last known address of 113 Chestnut Street, Marysville, PA 17053. This letter was mailed under the date of January 23, 2008 and never returned to the Sheriff s 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. Sheriffs Costs: Docketing 30.00 Poundage 18.29 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 2.00 Mileage 15.36 Levy 15.00 Surcharge 20.00 Out of County 9.00 Perry County 83.60 Postpone Sale 20.00 Law Journal 355.00 Patriot News 317.96 Share of Bills 16.17 / s'~l3~6 g $932.88 ~ So Answers: ~~~~ ~~~ R. Thomas Kline, Sheriff BYE d .~~,~-C., Real Estate ergeant •~`° ~ -- s- ~ Lypa~ ~b~q~Y { ~ RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, . v. . DOUGLAS V. SIMMONS . Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.07-4861CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) RESIDENTIAL FUNDING COMPANY, LLC ,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 ,430 CANDLEWYCK ROAD, CAMP HILL. PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name DOUGLAS V. SIMMONS Last Known Address (if address cannot be reasonably ascertained, please indicate) 113 CHESTNUT STREET MARYSVILLE, PA 17053 2. Name and address of Defendants} in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NOVASTAR MORTGAGE INCORPORATED 25520 COMMERCENTRE DRIVE 2~ FLOOR LAKE FOREST, CA 92630 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 430 CANDLEWYCK ROAD CAMP HILL, PA 17011 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 unsworn falsification to authorities. ~ ` October 4, 2007 ~ DATE ANIEL G. SC IEG, ESQ ~ Attorney for Plaintiff RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, v. DOUGLAS V. SIMMONS Defendant(s). CUMBERLAND COUNTY No. 07-4861CIVIL TERM October 4, 2007 TO: DOUGLAS V. SIMMONS 113 CHESTNUT STREET MARYSVILLE, PA 17053 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE 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 A LIEN AGAINST PROPERTY. Your house (real estate) at , 430 CANDLEWYCK ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $289.733.28 obtained by RESIDENTIAL FUNDING COMPANY, LLC (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: 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 a DESCRIPTION All that certain lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania. BEING Lot No. 108 on Plan of Lots entitled 'Section No. 4-Allendale Development Corporation', made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania on November 27, 1959, revised March 24, 1960 and recorded in said County in Plan Book 11, Page 30. AND with all improvements thereon and known and identified as No. 430 Candlewyck Road. BEING .the same premises which Susan D. Herbert by Deed dated 6/8/04 and recorded 6/10/04 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 263, Page 2292, granted and conveyed unto Christine M. Hamilton and Jason B. Hamilton, Grantors herein. PARCEL IDENTIFICATION NO: 13-24-0807-113 Premises: 430 Candlewyck Road, Camp Hill, PA 17011 Lower Allen Township Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Douglas V. Simmons, adult Individual, by Deed from Christine M. Hamilton and Jason B. Hamilton, husband and wife, dated 09/14/2006, recorded 09/19/2006, in Deed Book 276, page 3617. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4861 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RESIDENTIAL FUNDING COMPANY, LLC, Plaintiff (s) From DOUGLAS V. SIMMONS (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 $289,733.28 L.L. $.50 Interest from 10/04/07 to 3/05/08 (per diem - $47.63) -- $7,287.39 and Costs Atty's Comm Atty Paid $288.11 Plaintiff Paid Date: 10-OS-07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Due Prothy $2.00 Other Costs $2,176.50 ~~~ ~~ 1 Q ~ ~nxa TC is R. Long, Prothonot By: l~,~n_ (~ off. ~0~,~ Deputy Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 15 On October 3 1, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 430 Candlewyck Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2007 By: JU~( Real Estate Ser , eant ~` -T,he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE cue ~ahiot-News Now you know CARLISLE PA 17013 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 01/30/08 to ~~~~ .. me ~~~ Notary Public 2008 A. D. 02/06108 02/13108 COMMONWEALTH Qr~ ~'~"~<'":~YL'1A~a'.a Shortie L. KisE~;, „~~~r; ~~L?I~c Gty Of iiert~bunq; ° l ~ i?i eri3Urlt~/ My COrt~p ~ vt~'J. 26, 201 ~ Nlsmbsr, Psnneylvanle F~s~br~~tgCpn nt Notsrle~ REAL ESTATE SALE N0.15 Writ No. 2007-4861 Civil Term Res'dent~al FLLC ng Company, VS Douglas V. Simmons :Attorney Danlsl Schmieg DESCRIPTION All that certain lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania. BEING Lot No. 108 on Plan of Lots entitled 'Section No. 4Allendale Development Corporation', made by Damon and Foster, Civil Engineers, Shazon Hill, Pennsylvania on November 27, 1959, revised Mazch 24, 1960 and recorded in said County in Plan Book 11, Page 30. AND with a0 improvements thereon and known and identi5ed as No. 430 Candlewyck Road. BEING the same premises which Susan D. Herbert by Deed dated 6/8/04 and recorded 6/ 10/04 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 263, Page 2292, granted and conveyed unto Christine M. Hamilton and Jason B. Hamilton, Grantors herein. PARCEL IDENTIFICATION N0: 13-2A-0807- 113 Premises: 430 Candlewyck Road, Camp Hill, PA 17011 LowerAllen Township Cutnbetland County Pennsylvania TITi.E TO SAID PREMISES I5 VESTED IN Douglas V. Simmons, adult Individual, by Deed from Christine M. Hamilton and Jason B. Hamilton, husband and wife, dated 09/14/2006, recorded 09l19/2006,in Deed Book 276, page 3617. 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: January 25, February 1 and February 8, 2008 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. Editor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RiAL S~Y'A'!'Z 8AL)e I(O. 18 Writ No. 2007-4861 Civil Residential Funding Company, LLC vs. Douglas V. Simmons Atty.: Daniel Schmieg DESCRIPTION All that certain lot or piece of ground situate in Lower Allen Town- ship, County of Cumberland, Com- monwealth of Pennsylvania. BEING Lot No. 108 on Plan of Lots entiUed'Section No. 4-Allendale Development Corporation', made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania on Novem- ber 27, 1959, revised March 24, 1960 and recorded in said County in Plan Book 11, Page 30. AND with all improvements there- on and known and identified as No. 430 Candlewyck Road. BEING the same premises which Susan D. Herbert by Deed dated 6/8/04 and recorded 6/ 10/04 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Deed Book 263, Page 2292, granted and conveyed unto Christine M. Hamilton and Jason B. Hamilton, Grantors herein. PARCEL IDENTIFICATION NO: 13-24-0807-113. Premises: 430 Candlewyck Road, Camp Hill, PA 17011, Lower Allen Township, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Douglas V. Simmons, adult Individual, by Deed from Christine M. Hamilton and Jason B. Hamilton, husband and wife, dated 09/ 14/2006, recorded 09/ 19/2006, in Deed Book 276, page 3617.