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HomeMy WebLinkAbout07-6262 PHELAN 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 161671 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. NEIL J. LERCH, SR CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 67- IPWA Civil Terra CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 161671 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 #: 161671 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 #: 161671 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 z 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 #: 161671 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: NEIL J. LERCH, SR CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/11/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1854, Page: 4615. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2007 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 #: 161671 6 The following amounts are due on the mortgage: Principal Balance $76,648.42 Interest $4,932.81 04/01/2007 through 10/24/2007 (Per Diem $23.83) Attorney's Fees $1,250.00 Cumulative Late Charges $38.14 02/11/2004 to 10/24/2007 Cost of Suit and Title Search 550.00 Subtotal $83,419.37 Escrow Credit ($717.90) Deficit $0.00 Subtotal 717.90 TOTAL $82,701.47 7 8 If the mortgage is reinstated prior to a Sheriffs 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 Sheriffs 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 #: 161671 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 $82,701.47, together with interest from 10/24/2007 at the rate of $23.83 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 161671 LEGAL DESCRIPTION SCHEDULE"A" PROP Flt SYLVANIA. 1 MG REFERRED TO AS "UM PROPER= AM MORE FULLY DESCRMED OF PENNSYLVANIA. AS FOLLOW: LEGAL DESCRIPTION: DISTRICT: 047, CITY: WORMLEYSBURG BOROUGH, ASSESSORS'S MAP RPFPRENCE: MAP 1588 RUNG THE SAME PROPERTY CONVEYED TO DEUTSCHE RANK NATIONAL TRUST COMPANY, AS TRUSTBB FOR VENDER MORTGAGE TRUST 2002 BY DBED FROM SECRETARY OF VEIBRANS AFFAW RECORDED 12/05/2002 IN DEED BOOK 254 PAGE 4260, IN THE OFFICE OF nffl RECORDER OF DEEDS OF CUMBRU AND COUNTY. PENNSYLVANIA. TAX ID #: 47-19-1588-151 607 NORTH SUMMER AVENUE, SCRANTON, PA 18504 PARCEL NUMBER 14510-060-01800 File #: 163962 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his 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 unworn falsification to authorities. DATE: 0 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff .? , r7l 9z' r Q b`' d t (JI V t t O 00 } 0 • 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NEIL J. LERCH, SR. 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 CHRISTY M. LERCH 204 NORTH 2ND STREET W ORMLEYSBURG, PA 17043 Defendant(s). NO. 07-6262- CIVIL TERM 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 NEIL J. LERCH, SR. and CHRISTY M. LERCH, 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 $82,701.47 Interest from 10/25/07 to 12/13/07 $1,191.50 TOTAL $83,892.97 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, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a /7 0 'K0 PROTHY 161671 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff, V. NEIL J. LERCH, SR. CHRISTY M. LERCH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6262- CIVIL 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 NEIL J. LERCH, SR. is over 18 years of age and resides at, 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043. (c) that defendant CHRISTY M. LERCH is over 18 years of age, and resides at, 204 NORTH 2ND STREET, WORMLEYSBURG, 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, ESQ RE Attorney 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NEIL J. LERCH, SR. : NO. 07-6262-CIVIL TERM CHRISTY M. LERCH Defendants TO: NEIL J. LERCH, SR. 204 NORTH 2ND STREET P 4 r WORMLEYSBURG, PA 17043 0 , i DATE OF NOTICE: NOVEMBER 27, 2007 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 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 : CIVIL DIVISION Plaintiff Vs. NEIL J. LERCH, SR. CHRISTY M. LERCH Defendants CUMBERLAND COUNTY :NO. 07-6262-CIVIL TERM TO: CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURGPA17043 p DATE OF NOTICE: NOVEMBER 27, 2007 3 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 1FNCIS:S.:HALLI'NAN, ESQUIRE Attorneys for Plaintiff w o ut o ?. , r°R n ?. ' X-' a b ` ...i ? 4 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 CIVIL DIVISION Plaintiff, V. NEIL J. LERCH, SR. CHRISTY M. LERCH CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 07-6262- CIVIL TERM Defendant(s). By: DEPUTY DANIEL G. SCHMIEG, 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." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . If you have any questions concerning this matter, please contact: c PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff, No. 07-6262- CIVIL TERM V. NEIL J. LERCH, SR. . CHRISTY M. LERCH , Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/14/07 TO 6/11/08 (per diem -$13.79) Add' I Costs TOTAL $83,892.97 $2,495.99 and Costs $2,241.50 $88,630.46 I-) ,. DAN 11L G. SCHMIEG, ESQ-TWE 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. 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. 161671 ? M O t as as ? w a 00 Q COD aN N 3? z,?? p ©? U F+wH Hwa ax ? ww H o? off ??? Ua w~ ? ??? ?z ?z^? ? ? ? ? oaf o? moo z? wa .o zzo?, z? ~ c W zi a g' sti s c7 C? i DOD Ak*l a - .. .. Cz ? cry LEGAL DESCRIPTION PROPERTY SITUATED IN WORMLEYSBURG BOROUGH OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING REFERRED TO AS 'THE PROPERTY' AND MORE FULLY DESCRIBED AS FOLLOW: LEGAL DESCRIPTION: DISTRICT: 047, CITY: WORMLEYSBURG BOROUGH, ASSESSORS'S MAP REFERENCE: MAP 1588 BEING THE SAME PROPERTY CONVEYED TO DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDER MORTGAGE TRUST 2002 BY DEED FROM SECRETARY OF VETERANS AFFAIRS RECORDED 12/05/2002 IN DEED BOOK 254 PAGE 4260, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID #: 47-19-1588-151 TITLE TO SAID PREMISES IS VESTED IN Neil J. Lerch, Sr. and Christy M. Lerch, by Deed from Deutsche Bank National Trust Company, known as Bankers Trust Company of California, N.A., as trustee for Vendee Mortgage Trust 2002-3, dated 02/23/2004, recorded 04/07/2005, in Deed Book 268, page 1535. BEING PREMISES: 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PARCEL NO. 47-19-1588-151 HSBC BANK USA, NATIONAL ASSOCIATION, AS-MUSTEE FOR WELLS FARGO HOME lot EQUITY TRUST 2004-2 Plaintiff, V. NEIL J. LERCH, SR. CHRISTY M. LERCH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6262- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2, 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 ,204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name NEIL J. LERCH, SR. CHRISTY M. LERCH Last Known Address (if address cannot be reasonably ascertained, please indicate) 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 204 NORTH 2ND STREET WORMLEYSBURG, 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) 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) None 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 13, 2007 ,?. DATE DANIEL G. SCHMIEG, ESQU RE Attorney for Plaintiff C ?. p 5 CE N L 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff, V. NEIL J. LERCH, SR. CHRISTY M. LERCH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6262- CIVIL TERM 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. lb_ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff D ?_ 4?' i? N ?? ? cs'+ 4 40 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff, V. CUMBERLAND COUNTY No. 07-6262- CIVIL TERM NEIL J. LERCH, SR. CHRISTY M. LERCH Defendant(s). December 13, 2007 TO: NEIL J. LERCH, SR. 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, 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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043, is scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,892.97 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 (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 LEGAL DESCRIPTION PROPERTY SITUATED IN WORMLEYSBURG BOROUGH OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING REFERRED TO AS 'THE PROPERTY' AND MORE FULLY DESCRIBED AS FOLLOW: LEGAL DESCRIPTION: DISTRICT: 047, CITY: WORMLEYSBURG BOROUGH, ASSESSORS'S MAP REFERENCE: MAP 1588 BEING THE SAME PROPERTY CONVEYED TO DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDER MORTGAGE TRUST 2002 BY DEED FROM SECRETARY OF VETERANS AFFAIRS RECORDED 12/05/2002 IN DEED BOOK 254 PAGE 4260, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID #: 47-19-1588-151 TITLE TO SAID PREMISES IS VESTED IN Neil J. Lerch, Sr. and Christy M. Lerch, by Deed from Deutsche Bank National Trust Company, known as Bankers Trust Company of California, N.A., as trustee for Vendee Mortgage Trust 2002-3, dated 02/23/2004, recorded 04/07/2005, in Deed Book 268, page 1535. BEING PREMISES: 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PARCEL NO. 47-19-1588-151 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6262 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for WELLS FARGO HOME EQUITY TRUST 2004-2, Plaintiff (s) From NEIL J. LERCH, SR. & CHRISTY M. LERCH (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 $83,892.97 L.L.$ 0.50 Interest from 12/14/07 to 6/11/08 (per diem - $13.79) - $2,495.99 and Costs Atty's Comm % Atty Paid $177.40 Plaintiff Paid Date: 12/17/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,241.50 Protho ?76a By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 CIVIL DIVISION CUMBERLAND COUNTY V. NO. 07-6262- CIVIL TERM NEIL J. LERCH, SR CHRISTY M. LERCH PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: )o) 17/ ?4i 7 File #: 161671 Phelan Hallinan and Schmieg, LLP s J G By: ?n Francis S. Ha linan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire VERIFICATION Steven M. Patrick hereby states that he/she is VP Loan Documentation of WELLS FARGO BANK N.A., 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. A,- -?? Name: Steven . Patrick DATE: Title: VP Loan Documentation Company: WELLS FARGO BANK N.A. Loan:0134163401 File #: 161671 rv o ? ? zT v n Co rv _7 Q PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 215 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 CIVIL DIVISION V. NEIL J. LERCH, SR CHRISTY M. LERCH CUMBERLAND COUNTY NO. 07-6262- CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: NEIL J. LERCH, SR CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 -?^ „„16 , 04(w- FRANCIS S. HA LINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Dated: e6r7 Attorney for Plaintiff ? ? l 17 a? C' 3 ' C _ CA) ? rn SHERIFF'S RETURN - ;REGULAR ;CASE NO: 2007-06262 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NA VS LERCH NEIL J SR ET AL 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 LERCH NEIL J SR I, the DEFENDANT at 1945:00 HOURS, on the 2nd day of November-, 2007 at 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 byl handing to NEIL J LERCH SR a true and attested copy of COMPLAINT - MOR? FORE together with and at the same time directing His attention?to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 14.40 . 00 i .?. 10.00 R. Thomas K1 .00 42.40 11/06/2007 PHELAN HALLINA By: day SCHMIEG A.D ty Sheriff SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-06262 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA NA VS LERCH NEIL J SR ET AL STEPHEN BENDER f Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being my sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T nnr'+V f'+UDTCCTV M the DEFENDANT at 1945:00 HOURS, on the nd day of November_, 2007 at 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 by handing to NEIL J LERCH SR, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORTIFORE together with and at the same time directing His attention?to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 'X1`? Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 11/06j2007 PHELAN HALLINAN SCHMIEG By. day De] A. D. I ty Sheriff AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTI" USBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR No, 07-6262- CIVIL TERM WELLS FARGO ROME EQUITY TRUST 2004-2 ACCT. #161671 DEFENDANT(S) NEIL ,I, LERCH, SR. Type of Action CHRIST'Y M. LERCH - Notice of Sheriffs Sale SERVE CHRfSTY M. LI;RCH AT Sale Date: JUNE 11, 2008 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 SERVED Served and made known to . ?I IST? !?/) LE 2CO .0cleadant, on the a _ V day of J ?' a" , 20Q6, ar (=34 , o'clock y.m., at ?-04 Na" 2-rib 5,rpi 6T , W60 M L.E1543U0-Er , 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 refnsed to give name or relationship. Mana,garlClerk of place of lodging in which Defendant(s) feside(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: S ( ,c Description: Age D Height Weight ?. Raea W Sex Other I, r26N*LA> 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 hSliff s Sale in the manner as set forth herein, issuod in the captioned caso on the date and at the address indicated abovo, Sworn to and subscribed before me this MIS ay of Notary By- L J. HARRIS L MR104ROM1CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE STATE OF NEW JERSEY ATT>?MPTED. MY COMMISSION EXPIRES 10/2lII2012 NOT SERVED On the _ day of 200_, at o'clock _m., Defendant NOT >' OOND because: Moved Unknown __ No Answer 1sr Attempt: ! 1 Time: 3rd Attempt: Time- Sworn to and subscribed before me this day of ,2007 Notary; i? 'Vacant 2nd Attempt:- I I Time: Aftorbty for plaintiff DANIL, L G. gCffMIEG, l3squire - I.D. No, 62205 One Pton Center at Suburban Station, Suite 1400 By. 1617 John P. Kennedy ]Boulevard Pb4adelghia, PA 19183-1814 (215)563-7060 Z_ ?: C t . ? ,. R,i Yf* AFFIDAVIT OF SIBRVICE PLAINTIFF HSBC BANK USA, NATIONAL, ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2604-2 DEFENDANT(S) NEIL. J. LERCH, SR. CRRISTY M. LERCH SERVE NEIL J. L,ERCH, SR. AT 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 CUMBERLAND COUNTY I No. 07-6262- CIVIL TE" ACCT. #161671 Type of Action - Notice of Sheriff's Sale Sale DAW JUNEI 11, 2008 SERVED _ '?((q ? ? Served and made known to _N FU L V ? FRC4? t R Defendant. on the day !? j of. #IV20U'j, at. ? ? ? ,o'clock .?,rrE., at 2?? ? ?-?2bE?'+ 02r1A C-E•?SQtJ ?.(r- > Commonwealth Of Pennsylvania, in the manner described below: Defendant personally served. =Adult bmily member with whom Defendant{s} reside(s), Name and Relationship is 0(ST?( , w I fC- Adult in charge of Defcndant+(s)'s residence who refused to one namo or relationship. tblanagodCierk ofplace oflodging in which Defendant(s) reside(s), Agent or person in charge of Defendant(e)'s office or usual place of business_ an officer of said Defendant(a)'s company, Other: Description: Age(, 0 S Height ??' Weight 15V Race W Sex F Other 1, `? • \ ^ _y `" ?D `-L- a competent adult, being duly sworn according to law, depose and stato that I personally handed a true and correct copy of thei 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. THEODORE J. HARRIS Sworn to and subscribed NOTARY PUBLIC before me this ?TE OF NEW JERSE Nola of AV-) MISSION EXPIRF?SY_ 10J2 ?ff -"It 44 )LEAS ATTEMPT SERVCCE AT LEAST 3 TIMES. INDICATE DAT13S & 'CMIES OF SERVICE ATTEN1PT1D. On the day of NOT SERVE D 200^, at o'clock _.m-, Defendant NOT ]FOUND because: Moved Unknown __No Answer It' Attempt: l / Time: 3rd Attempt: ! 1 Tilne: Sworn to and subscribed before me this Y? day of , 2007 Notary: Vacant 2°d Attempt:-/ / Time Attorney for Pinintiif DANIEL G. SCIIMIRG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By. 1617 John P. Kennedy Boulevard Ph1l4delphi9, PA 19303-1814 (215) 5634000 G is Z Z(p C7 '« ,'; ,::?; =- I'?J N ;, .... ? ;'.: _ ?: LK.s ..? SALE DATE: JUNE 11, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR No.: 07-6262- CIVIL TERM WELLS FARGO HOME EQUITY TRUST 2004-2 VS. NEIL J. LERCH, SR. CHRISTY M. LERCH 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: 204 NORTH 2ND STREET, WORMLEYSBURG, 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. DANIEL SCHMIEG, ESQU Attorney for Plaintiff May 5, 2008 a C7 a 0 oQ v LL1 cn -6R, a c? °a a I? b G ? b ze0 L 3000dIZ W0ad031IdW L l 330 0 t x ` c g L08 LLtr000 Y ' •ZQ s h L z o k i n i A3Nlld ?'pp w WSW sd1 ' 8 ° G ? I 55 Fy 4.8 . gig r. y. _ S N ow ? W V O ok°g u >1 02 vi W OM A M > a ? -0 1 Y O W H •S .0 C-41 L? i N U •_ HE'S 0 > . °rn O Z w O N w ?o 5 ?? Ewa H y O u A -ow o x x w > GQo a?i ? u U M > O w aw e w ? a H? w A w 3? U -0 9w 4) C-4 0 a p., q ? 4. O O -S 3 C/a W _ S D ? r 5 V p W¢ UZ Q 0000 ? v? O \O w 9 o o ° o Z -0 zT "e z o u Z O A3 AFL' U o °r a, yO Ag 3° Ha as z d a o z ? •-? N M [- 00 O? ? N M d H a H? C'a C= 0 -n ' ° m rr. MW y W PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff VS. NEIL J. LERCH, SR CHRISTY M. LERCH Defendants No. 07-6262- CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 25, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on December 17, 2007 in the amount of $83,892.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and Court of Common Pleas Civil Division CUMBERLAND County marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $76,648.42 Interest Through June 11, 2008 $10,210.81 Per Diem $21.79 Late Charges $38.14 Legal fees $1,250.00 Cost of Suit and Title $1,499.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $107.50 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($191.53) Escrow Deficit $606.34 TOTAL $90,358.68 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. f 4 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on May 5, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: J ??J 6't LP By: MM. 6qeL acford, Attorn ey for Plaintiff MAY 891DDBr1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff vs. NEIL J. LERCH, SR CHRISTY M. LERCH Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-6262- CIVIL TERM RULE AND NOW, this day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. ff w e tip l 1 d z `15 e? f S?J Rule Returnable en +?,, y %ji -VV0 at Co Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordna fedphe com 0-6101-E.S M-allecL s13?r?e NEIL J. LE CH, SR CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 161671 Cti1 ? r t C-rz? -r t, 1 LU ?LUjj? .: g° ci 4 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. NEIL J. LERCH, SR CHRISTY M. LERCH Defendants No. 07-6262- CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of 6 was sent to the following individual on the date indicated below. NEIL J. LERCH, SR CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 -? PA DATE: 11 By: Attorney for Plaintiff 1 ra c ieg, L LP Mic ele M. Bradfor , Es re e o C„? cxa ?? ?' ?' ??' ? ? C 'C3 ? ? ? ? ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff vs. NEIL J. LERCH, SR CHRISTY M. LERCH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6262- CIVIL TERM MOTION TO MAKE RULE ABSOLUTE HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on May 23, 2008. 3. A Rule was entered by the Court on or about May 29, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on June 3, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 13, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: IN *eg, LLP By: ic hele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff VS. NEIL J. LERCH, SR CHRISTY M. LERCH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6262- CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on May 23, 2008. A Rule was entered by the Court on or about May 29, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on June 3, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 13, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: (T b re By: ieg, LLP quire At torney for Plaintiff Exhibit "A" MAY 2 7 200P N/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff VS. NEIL J. LERCH, SR CHRISTY M. LERCH Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-6262- CIVIL TFI "-+ RULE AND NOW, this day of 2008, a Rule is entered upon the Dori;;:; ,,; to show cause why an Order should not be entered granting Plaintiff's Motion to +?. Damages. Rule Returnable Co Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.brad&Dd@fedphe.com BY THE COURT J. q NEIL J. LE CH, SR CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 HSBC BANK USA, NATIONAL ASSOCIATIO, AS TRUSTEE FOR WELLS FARGO HOME ?-,P EQUITY TRUST 2004-2 Plaintiff c' vs. NEIL J. LERCH, SR CHRISTY M. LERCH Defendants t +P J CA 1 ATTORNEY FOR PLAINTIFF ' Court of Common Pleas Civil Division CUMBERLAND County No. 07-6262- CIVIL TER',,I CERTIFICAWN OF SERVICE I hereby certify that a true and cod copy of our Motion to Reassess Damage: not itv, Rule Return date of 6 ?a sent to the following individual on the date indi ate,,; below. NEIL J. LERCH, SR CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 1 c ieg, LLP DATE: ?•` Michele A. ??? Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unworn falsification of authorities. DATE: 6 1 1 ' ieg, LLP By: Mi he e M. 13 r df rd, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (2151563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff vs. NEIL J. LERCH, SR CHRISTY M. LERCH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6262- CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. NEIL J. LERCH, SR CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 DATE: rTe Schmieg, LLP By: le . B adf , Esquire Attorney for Plaintiff ;? Aa ! o 7 ;. c Z f J r JUN 19 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Civil Division Plaintiff vs. : NEIL J. LERCH, SR : CHRISTY M. LERCH Defendants CUMBERLAND County No. 07-6262- CIVIL TERM ORDER AND NOW, this 0 day of Tuh c. , 2008, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $76,648.42 Interest Through June 11, 2008 $10,210.81 Per Diem $21.79 Late Charges $38.14 Legal fees $1,250.00 Cost of Suit and Title $1,499.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $107.50 Appraisal/Brokers Price Opinion $190.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 ($191.53) $606.34 $90,358.68 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 161671 Jim n ?w S3lc6 80/or/47 i 0C '.6 1,1V 0z fit' ow HSBC Bank USA National Association, In the Court of Common Pleas of As Trustee for Wells Fargo Home Equity Cumberland County, Pennsylvania Trust 2004-2 Writ No. 2007-6262 Civil Term VS Neil J. Lerch, Sr. and Christy M. Lerch David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2008 at 1800 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: Neil J. Lerch, Sr. and Christy M. Lerch, by making known unto Christy Lerch, personally and adult in charge for Neil J. Lerch, Sr., at 204 N. 2nd Street, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1410 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 Neil J. Lerch, Sr. and Christy M. Lerch located at 204 N. 2nd Street, Wormleysburg, 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 fbllowing manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Neil J. Lerch, Sr. and Christy M. Lerch by regular mail to their last known address of 204 N. 2nd Street, Wormleysburg, PA 17043. These letters were mailed under the date of March 31, 2008 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 Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 17.75 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 339.38 Share of Bills 15.06 Postpone Sale 40.00 $905.40 ? R. Thomas Kline, Sheriff Y , BY Real Estate rgeant VO . a IU L V 253 /?'715 7/f . HSBC BANK USA, NATIONAL ASSOCIATION, • #AS TRUSTEE FOR WELLS FARGO HOME CUMBERLAND COUNTY EQUITY TRUST 2004-2 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NEIL J. LERCH, SR. NO. 07-6262- CIVIL TERM CHRISTY M. LERCH Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2, 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 ,204 NORTH 2ND STREET, WORMLEYSBURG. PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name NEIL J. LERCH, SR. CHRISTY M. LERCH Last Known Address (if address cannot be reasonably ascertained, please indicate) 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 204 NORTH 2ND STREET WORMLEYSBURG, 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) None 5. Name and address of every other person who has any record lien on the property: v ? 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 13, 2007 DATE DANIEL G. SCHMIEG, ESQU RE Attorney for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff, V. NEIL J. LERCH, SR. CHRISTY M. LERCH Defendant(s). CUMBERLAND COUNTY No. 07-6262- CIVIL TERM December 13, 2007 TO: NEIL J. LERCH, SR. 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043 CHRISTY M. LERCH 204 NORTH 2ND STREET WORMLEYSBURG, 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** . Your house (real estate) at, 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 83$,892.97 obtained by HSBC BANK USA, NATIONAL ASSOCIATIONi, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 (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' HERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate lction: 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 but 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.) 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 ft riff 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 PROPERTY SITUATED IN WORMLEYSBURG BOROUGH OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING REFERRED TO AS 'THE PROPERTY' AND MORE FULLY DESCRIBED AS FOLLOW: LEGAL DESCRIPTION: DISTRICT: 047, CITY: WORMLEYSBURG BOROUGH, ASSESSORS'S MAP REFERENCE: MAP 1588 BEING THE SAME PROPERTY CONVEYED TO DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDER MORTGAGE TRUST 2002 BY DEED FROM SECRETARY OF VETERANS AFFAIRS RECORDED 12/05/2002 IN DEED BOOK 254 PAGE 4260, IN THE OFFICE OF THE RECORDER OF 'DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID #: 47-19-1588-151 TITLE TO SAID PREMISES IS VESTED IN Neil J. Lerch, Sr. and Christy M. Lerch, by Deed from Deutsche Bank National Trust Company, known as Bankers Trust Company of California, N.A., as trustee for Vendee Mortgage Trust 2002-3, dated 02/23/2004, recorded 04/07/2005, in Deed Book 268, page 1535. BEING PREMISES: 204 NORTH 2M STREET, WORMLEYSBURG, PA 17043 PARCEL NO. 47-19-1588-151 A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-6262 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for WELLS FARGO HOME EQUITY TRUST 2004-2, Plaintiff (s) From NEIL J. LERCH, SR. & CHRISTY M. LERCH (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 $83,892.97 Interest from 12/14/07 to 6/11/08 (per diem - $13.79) -- $2,495.99 and Costs Atty's Comm % Atty Paid $177.40 Plaintiff Paid Date: 12/17/07 (Seal) L.L.$ 0.50 Due Prothy $2.00 Other Costs $2,241.50 Protho tary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale # 01 On February 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 204 N. 2"d Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2008 By: GbyjMWE Real Estate Sergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14e Patr1*otAaXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 10, 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 T km Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market S reet, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 18 4, 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 bel w. 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: 04/23/08 04/30/08 ^ 05/07/08 • . `\.Q w k V-/? . . . . . . . . . . Sworn to Ant bkfibed before me this 27 der-e. May, 2008 A.D. Notary P COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May , 2010 Member, Pennsylvania Association of Notaries Real Estate Safe s1 Writ No. 29b741262 0A Term HSBC Berme LISA, National Association, As Trustee for Wells Fargo Home Equity Trust 2064»2 VS Neil J. Larch, Sr, and Christy M. March Attorney: Daniel Schmleg DESCRIPTION PROPERTY SITUATED IN WORMIEYSBURG BOROUGH OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING, REFERRED . TO AS- `THE PROPBR'1'YY' : `AND DIRE FULLY DESCRIBEDASFOLLOW: LEGAL DESCRIPTION: DISTRICT: 047, CITY: WORMLEYSBURG BOROUGH, ASSESSORS'S MAP REFERENCE: MAP 1588 TEEING THE SAMEDIOPERTY Comm TO DEUTSCHE BANK NATIONAL-TOW COMPANY, AS TRUSTEE FOR VENDER MORTGAGE TRUST 2002 BY DEED FROM SECRETARY OF VETERANS AFFAIRS RECORDED 12Kf5f2002 IN DEED BOOK 254 PAGE 4260, IN THE OFFICE OF TILE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID S: 47-19-I5M151 TITLE TO SAID PREMISES IS VESTED IN NQ J. Lerch, Sr. and Christy M. Lerch; by Deed from. Deutsche Bank National Trost Company, known as Bankers Trust Company of California, ".A, as trustee for Vendee Mortgage Trust 2002-3, dated 02/23PM, recorded 04107/2005, -4* Deed Book 268, page 1535. 13EING PRM&99: 204- NORTH 2ND TRFEI; WORMLEYSBURG, PA 17043 PARCEL NO.47-19-15MI51 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1'929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 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. Coyne, SWbI& TO AND, SUBSCRIBED before me this 16 day of May, 2008 i? N NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 VAN& ugrivm asps no.1 Writ No. 2007-6262 Civil HSBC Bank USA, National Association, As Trustee for Wells Fargo Home Equity Trust 2004-2 VS. Neil J. Lerch, Sr, and Christy M. Lerch Atty.: Daniel Schmieg LEGAL DESCRIPTION PROPERTY SITUATED in Worm- leysburg Borough of Cumberland and Commonwealth of Pennsylvania, being referred to as `the property' and more fully described as follow: LEGAL DESCRIPTION: District: 047, City: Wormleysburg Borough, Assessors's Map Reference: Map 1588. BEING the same property con- veyed to Deutsche Bank National Trust Company, As Trustee for Vender Mortgage Trust 2002 By Deed From Secretary of Veterans Affairs recorded 12/05/2002 in Deed Book 254 Page 4260, in the Office of the Recorder of Deeds of Cumberked County, Pennie. TAX ID #: 47-19- 1 SW 15 1. TITLE TO SAID IS VESTED IN Neil J. Lerch, at. and Christy M. Lerch, by Deed from Deutsche Bank National Trust Com- pany, known as Bankers Trust Com- pany of California, N.A., as trustee for Vendee Mortgage Trust 2002-3, dated 02/23/2004, recorded 04/07/2005, in Deed Book 268, page 1535. BEING PREMISES: 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043. PARCEL NO. 47-19-1588-151. PHELAN 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 at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff vs NEIL J. LERCH, SR. CHRISTY M. LERCH Defendant : I Court of Common Pleas Civil Division CUMBERLAND County No. 07-6262 CIVIL TERM PHS# 161671 TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: November 4, 2008 Francis S. Hallinan Attorney for Plaintiff t,?. ?.?'`' `? L. `W V \? h -?."`? C.-s ? ^te ?'w. r: a - ? ? ? ? ? i