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HomeMy WebLinkAbout08-4475s? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW WACHOVIA BANK OF DELAWARE, NA PLAINTIFF VS DOROTHEA L. BAILEY DEFENDANT CERTIFICATE OF LOCATION 306 SHED ROAD NEWVILLE, PA 17241 MIFLIN TOWNSHIP PARCEL No: 15-05-0413-025 Case Number: 0$ - gq,75 0. ' ivi t , Type of Pleading CIVIL Division Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 B ANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF Case Number: VS DOROTHEA L. BAILEY DEFENDANTS MORTGAGE FORECLOSURE AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSAPJO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSAPJO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y EQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF Case Number: VS DOROTHEA L. BAILEY DEFENDANTS MORTGAGE FORECLOSURE CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANTS 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 UNTI THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Dan 1 J ancini, Esq Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA PLAINTIFF CIVIL Division Case Number: D F- `/y7.5? &a- ? VS DOROTHEA L. BAILEY DEFENDANTS MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: WACHOVIA BANK OF DELAWARE, NA, whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendants are DOROTHEA L. BAILEY, whose last known address is 306 SHED ROAD, NEWVILLE, PA 17241. DOROTHEA L. BAILEY are the mortgagors; with DOROTHEA L. BAILEY as being the recorded owner of the mortgaged property hereinafter described. 3. On or about, June 30, 1999, DOROTHEA L. BAILEY borrowed $103,200.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender FIRSTAR BANK, NA., this mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1555, Page 427. Said mortgage was then assigned to FIRSTAR FINACE INC., and was recorded at MBV 637, Page 411. The mortgage was further assigned to WACHOVIA BANK OF DELAWARE F/K/A FIRST UNION HOME EQUITY BANK NA, and recorded at MBV 637, Page 414. This mortgage and all instruments of assignment are incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, WACHOVIA BANK OF DELAWARE, NA is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 306 SHED ROAD, NEWVILLE, PA 17241, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due July 23, 2007, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance $ 91,785.02 Delinquent Balance, including Interest at $21.10 per diem $ 6,606.67 From 08/23/07 to 07/23/08 (based on contract rate of 8.39%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 2,631.33 Accrued Late Charges $ 353.43 Bad CK Fees $ 00.00 Attorney's Fee $ 4,589.25 Total $ 105,965.70 ** Together with interest at the per diem rate noted above after July 23, 2007 and other charges and costs to date of Sheriffs Sale. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on December 10, 2007, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at the rate of 8.39% $21.10 per diem, together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. Daniel J. Mancini, Esq. Attorney Bar: PA 39353 Uurothea L Bailey Oreler Nuintxi: 40557 t - a EXHIBIT A ALL that certain tract of land with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland Coanty, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Township Road No. 412 theretofore erroneously designated as Township Road No. 402}, which point is 378 feet, more or less, from the Northern boundary of the property now or formerly of Paul Ickes; thence by land now or formerly of Clair W. Lrhman, South 45 degrees West 250 feet to a stake. thence by the some, North 45 degrees West 145 feet to a stake; thence by the same, North 45 degms East 250 feet to a point in the center of Township Road No. 412 aforesaid; thence by the center of said Road, South 45 degrees East ) 45 feet to the place of BEGINNING. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF Case Number: VS. DOROTHEA L. BAILEY Defendant(s). VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney for Plaintiff in this matter, that He 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 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. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 23RD Day of July, 2008 Daniel 2JEJMancini, Esq. Attorney Bar: Pa 39353 -yam P Ry W R? LTI oe 0 r r~ - n. tj: X- I'D "rl T) C?j rFi3 .A? D SHERIFF'S RETURN - REGULAR CASE NO: 2008-04475 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK OF DELAWARE NA VS BAILEY DOROTHEA L KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAILEY DOROTHEA L the DEFENDANT , at 0017:55 HOURS, on the 29th day of July 2008 at 306 SHED ROAD NEWVILLE, PA 17241 by handing to ALEX BAILEY ADULT SON OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge V/V] Job 9, So Answers: 18.00 13.00 .00 10.00 R. Thomas Kline .00 41.00 07/30/2008 DANIEL MANCINI Sworn and Subscibed to By: before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF OS - N4 ?5 Case Number: 48-4474- Type of Pleading VS DOROTHEA L. BAILEY Mortgage Foreclosure Praecipe for Default Judgment DEFENDANT CERTIFICATE OF LOCATION 306 SHED ROAD NEWVILLE, PA 17241 MIFLIN TOWNSHIP PARCEL No: 15-05-0413-025 Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview D Monaca, PA 150 1 (724) 728-4233 A By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF VS Case Number: 08-4474 MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANT PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff, WACHOVIA BANK OF DELAWARE, NA, c/o Daniel J. Mancini, Esquire, 201A Fairview Drive, Monaca, PA 15061, and against Defendant DOROTHEA L. BAILEY, whose last known address is 306 SHED ROAD, NEWVILLE, PA 17241 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: Unpaid Principal Balance $ 91,785.02 Delinquent Balance, including Interest at $21.10 per diem $ 7,932.21 From 08/23/07 to 09/08/08 (based on contract rate of 8.39%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 4,128.97 Accrued Late Charges $ 392.70 Bad CK Fees $ 00.00 Attorney's Fee $ 4,589.25 Total $ 108,825.15 I hereby certify the (1) the addresses of the Plaintiff and Defendants ' L?as shown above, and (2) notice has been given in accordance with Rule 237. 1, copy attached. Dan*l J. Mancini, Esq. Attorney Bar No.: 39353 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: azvog P OTHO TA Y "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." Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF VS Case Number: 08-4474 MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANT AFFIDAVIT OF ACT 91 OF 1983 I, Daniel J. Mancini, Esquire, hereby affirm that I have complibd with Act 6 and Act 91 of 1983, notice requirements in the above-captioned matte f 71- J. Mancini, Esquire Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF VS Case Number: 08-4474 MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANT AFFIDAVIT OF NAMES AND ADDRESSES OF OWNERS AND DEFENDANTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DANIEL J. MANCINI, Esq., being duly authorized to make this affidavit on behalf of the Plaintiff in the above action WACHOVIA BANK OF DELAWARE, NA„ being duly sworn according to law deposes and says that to the best of his knowledge, information and belief the owner of 306 SHED ROAD, NEWVILLE, PA 17241, the real property to be sold in the within execution and the defendants in the judgment are DOROTHEA L. BAILEY, whose last known address 306 SHED RO D, NEWVILLE, PA 17241. DATE: September 8, 2008 DANIEL J. MANCINI, ESQUIRE Attorney for Plaintiff Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF VS Case Number: 08-4474 MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: Daniel J. Mancini, being duly sworn according to law, deposes and says that he is the attorney of record, for the above-named Plaintiff, that he makes this Affidavit on Plaintiffs behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendants DOROTHEA L. BAILEY are over 21 years of age. Defendants are not in the military service of the United States as contemplated by the Soldier's and Sailor's Civil Relief Act, as amended. 11 This affidavit is made in connection with the judgment upon a nod mortgage secured upon the premises located at 306 SHED ROAD, NEWVILLE, PA 17241. ' f{ By: 4n V Daniel . Mancini, Esq. SHERIFF'S RETURN - REGULAR CASE NO: 2008-04475 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK OF DELAWARE NA VS BAILEY DOROTHEA L KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAILEY DOROTHEA L the DEFENDANT , at 0017:55 HOURS, on the 29th day of July , 2008 at 306 SHED ROAD NEWVILLE, PA 17241 by handing to ALEX BAILEY ADULT SON OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 13.00 .00 10.00 R. Thomas Kline .00 41.00 07/30/2008 DANIEL MANCINI By. day A. D. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 'PiTNEr stxwfS 001.100 IMPORTANT NOTICE se you have failed to enter a written appearance personally or by attorney your defenses or objections to the claims set forth against you. Unless you date of this notice, a Judgment may be entered against you without a •operty or other important rights. You should take this notice to a lawyer yer or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 a IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA PLAINTIFF VS DOROTHEA L. BAILEY DEFENDANT TO: DOROTHEA L. BAILEY 306 SHED ROAD NEWVILLE; PA 17241 DATE OF NOTICE: August 19, 2008 CIVIL Division Case Number: 08-4475 MORTGAGE FORECLOSURE 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 nu- r I01Cr% VnD 'ruA 'r DrrDDOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 'HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE tE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS RCEMENT OF LIEN AGAINST PROPERTY. t Daniel J. Mancini, Esquire Attorney for Plaintiff t') W o ra ca a c1y c-n Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF Case Number: 08-4474 VS MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANT RULE 236 NOTICE OF DEFAULT To: Dorothea Bailey 306 Shed Road Newville, PA 17241 You are hereby notified that the following Order, Decree or Judgment has been entered against you on r?? J? aDO$ A Judgment of Default in the amount of $ 108.828.15 plus costs. Ah k?=) rothono If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW WACHOVIA BANK OF DELAWARE, NA PLAINTIFF CIVIL Division 08.44'15 Case Number: -68-44T4 VS DOROTHEA L. BAILEY DEFENDANT CERTIFICATE OF LOCATION 306 SHED ROAD NEWVILLE, PA 17241 MIFLIN TOWNSHIP PARCEL No: 15-05-0413-025 Type of Pleading Mortgage Foreclosure Praecipe for Writ of Execution Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview ve Monaca, PA 15 1 (724) 728-4;6 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 J Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF VS Case Number: 08-4474 MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANT PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 To the Director of the Office of Prothonotary Issue writ of execution in the above matter: Amount Due $ 108,825.15 From 7/24/08 to date of sale (based on contract rate of 8.39%) Dated this 8`h day of September, 2008. Note: Property Description Attached 01-02 Attorney Bar No.: 39353 m z s d Daniel J. Mancini, Esq., Number 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL ACTION - LAW PLAINTIFF CASE NO: 08-4474 MORTGAGE FORECLOSURE VS DOROTHEA L. BAILEY DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WACHOVIA BANK OF DELAWARE, NA, Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 306 SHED ROAD, NEWVILLE, PA 17241. Name and address of Owner(s) or reputed Owner(s): DOROTHEA L. BAILEY 306 SHED ROAD NEWVILLE, PA 17241 Name and address of Defendant(s) in the judgment: DOROTHEA L. BAILEY 306 SHED ROAD NEWVILLE, PA 17241 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (PLAINTIFF IN THIS CASE) WACHOVIA BANK OF DELAWARE, NA 701 CORPORATE CENTER DRIVE, RALEIGH, NC 27607 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, Pa 15061 08-4474 RECORDED 9/12/08 AMOUNT:$108,825.15 WACHOVIA BANK NA 1 OLD COUNTRY ROAD CARLE PLACE, NY 11514 #2006-04430 RECORDED 8/2/2006 AMOUNT: $106,055.35 Name and address of the last recorded holder of every mortgage of record: OTHER THAN PLAINTIFF IN THIS CASE FIRSTAR BANK, NA 205 W. FOURTH STREET, CINCINNATI, OH 45202 MBV & PAGE 1555-435 RECORDED 7/6/1999 AMOUNT: $25,800.00 5. Name and address of every other person who has any record lien on the property: DISCOVER CARD 2U29 3311 MILL MEADOW DRIVE, HILLIARD, OH 43026 #06-3200 RECORDED 6/5/2006 AMOUNT: $6,444.09 06-02 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: Shelby Winter 529 Shed Road Newville, PA 17241 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Department of Revenue Bureau of Compliance Sheriff Sale Section PO Box 281230 Harrisburg, PA 17128-1230 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unsworn falsification to authorities. Dated this 14th Day of January 2009 1,Mancini, Esq. ;v Bar No.: 39353 06-02 C? `=r1 ?, ,.c? Y ??. ...?! ?j Daniel J. Mancini, Esq., Number 39353 201A Fairview Drive Monaca, PA 15061 (724)728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL ACTION - LAW PLAINTIFF CASE NO: 08-4474 MORTGAGE FORECLOSURE VS DOROTHEA L. BAILEY DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: June 10, 2009 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. DWELLING KNOWN AS 306 SHED ROAD, NEWVILLE, PA 17241. ALL that certain tract of land with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the center of Township Road No. 412 (heretofore erroneosly designated as Township Road No. 402), which point is 378 feet, more or less, from the Northern boundry of the property now or formerly of Paul Ickes; thence by land now or formerly of Clair W. Lehman, South 45 degrees west 145 feet to a stake; thence by the same, North 45 degrees East 250 feet to a point in the center of Township Road No. 412 aforesaid; thence by the center of said Road, South 45 degrees East 145 feet to the place of BEGINING. THE LOCATION of your property to be sold is: 306 SHED ROAD NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 08-4474 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property DOROTHEA L. BAILEY .146 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Lawyer Referral Services, 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtainne om the within County Court House before presentation to the Court. I Esq. bl/U2/26JU 1:1:46 llt2921325 SEARCH SOLUTIONS INC PACE 19%35 MTho..0- C MNOTMBNT FOR T r I E RMRANCe 90"MXXZ A COIQI caMitmmint Ste. ahi9adla274 ~k basswrirkk. ldd, that daitleia ted6t of Led wilt hhr ispeeressut¦ aheseae erected. 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Iva. 0603500k 40 Telco omm.eummr 1m t-i?a wiew WW lmmetlq $n Jmlmmm mr aNmrdmm m m.m f coq 41l+mmmm Chiumet Title Iesrteeat Cat"by WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4475 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK OF DELAWARE, NA, Plaintiff (s) From DOROTHEA L. BAILEY (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 $108,825.15 L.L. $.50 Interest from 7/24/08 to date of sale (based on contract rate of 8.39%) Atty's Comm % Due Prothy $2.00 Atty Paid $160.00 Other Costs Plaintiff Paid Date: 1/22/09 Curtis R. Long, Protho tary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL J. MANCINI, ESQUIRE Address: DANIEL MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724.728.4233 Supreme Court ID No. 39353 Wachovia Bank of Delaware VS Dorothea L. Bailey In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4475 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Mancini. Sheriff s Costs: Docketing Poundage Law Library Prothonotary Mileage Levy Surcharge So Answer R. Thomas Kline, Sheriff ark, 30.00 1.58 .50 2.00 11.70 15.00 20.00 $80.78 ?/o?.le4 ?, 0e 4k3sr-" .2,7073 - CIL ,> Daniel J. Mancini, Esq., Number 39353 201A Fairview Drive Monaca, PA 15061 (724)728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL ACTION - LAW PLAINTIFF CASE NO: 08-447' VS MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WACHOVIA BANK OF DELAWARE, NA, Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 306 SHED ROAD, NEWVILLE, PA 17241. Name and address of Owner(s) or reputed Owner(s): DOROTHEA L. BAILEY 306 SHED ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: DOROTHEA L. BAILEY 306 SHED ROAD NEWVILLE, PA 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (PLAINTIFF IN THIS CASE) WACHOVIA BANK OF DELAWARE, NA 701 CORPORATE CENTER DRIVE, RALEIGH, NC 27607 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, Pa 15061 084474 RECORDED 9/12/08 AMOUNT:$108,825.15 WACHOVIA BANK NA 1 OLD COUNTRY ROAD CARLE PLACE, NY 11514 #2006-04430 RECORDED 8/2/2006 AMOUNT: $106,055.35 Name and address of the last recorded holder of every mortgage of record: OTHER THAN PLAINTIFF IN THIS CASE FIRSTAR BANK, NA 205 W. FOURTH STREET, CINCINNATI, OH 45202 MBV & PAGE 1555-435 RECORDED 7/6/1999 AMOUNT: $25,800.00 5. Name and address of every other person who has any record lien on the property: DISCOVER CARD 2U29 3311 MILL MEADOW DRIVE, HILLIARD, OH 43026 #06-3200 RECORDED 6/5/2006 AMOUNT: $6,444.09 06-02 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: Shelby Winter 529 Shed Road Newville, PA 17241 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Department of Revenue Bureau of Compliance Sheriff Sale Section PO Box 281230 Harrisburg, PA 17128-1230 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 7. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unworn falsification to authorities. Dated this 140' Day of January 2009 06-02 Attorney Bar No.: 39353 Daniel J. Mancini, Esq., Number 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL ACTION - LAW PLAINTIFF CASE NO: 08-4474 VS MORTGAGE FORECLOSURE DOROTHEA L. BAILEY DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: June 10, 2009 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. DWELLING KNOWN AS 306 SHED ROAD NEWVILLE, PA 17241. awya. u avc iVLiun ALL that certain tract of land with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the center of Township Road No. 412 (heretofore erroneosly designated as Township Road No. 402), which point is 378 feet, more or less, from the Northern boundry of the property now or formerly of Paul Ickes; thence by land now or formerly of Clair N. Lehman, South 45 degrees went 145 feet to a stake; thence by the same, North 45 degrees East 250 feet to a point in the center of Township Road No. 412 aforesaid; thence by the center of said Road, South 45 degrees East 145 feet to the place of BEGINING. THE LOCATION of your property to be sold is: 306 SHED ROAD NEWVELLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 084474 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property DOROTHEA L. BAILEY Daniel J. Mancini, Esq., Number 39353 201A Fairview Drive Monaca, PA 15061 (724)728-4233 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL ACTION - LAW PLAINTIFF CASE NO: 08-4474 MORTGAGE FORECLOSURE VS DOROTHEA L. BAILEY DEFENDANT LONG PROPERTY DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the center of Township Road No. 412 (heretofore erroneosly designated as Township Road No. 402), which point is 378 feet, more or less, from the Northern boundry of the property now or formerly of Paul Ickes; thence by land now or formerly of Clair W. Lehman, South 45 degrees West 145 feet to a stake; thence by the same, North 45 degrees East 250 feet to a point in the center of Township Road No. 412 aforesaid; thence by the center of said Road, South 45 degrees Bast 145 feet to the place of BEGINING. BEING improved with a ranch type dwelling house with attached garage. DWELLING KNOWN AS 306 SHED ROAD, NEWVILLE, PA 17241 IDENTIFIED as TAX/PARCEL ID#: 15-05-0413-025 In Deed Registry Office of Cumberland County, Pennsylvania. Mancini, Esquire for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4475 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK OF DELAWARE, NA, Plaintiff (s) From DOROTHEA L. BAILEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the 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 $108,825.15 L.L. $.50 Interest from 7/24/08 to date of sale (based on contract rate of 8.39%) Atty's Comm % Due Prothy $2.00 Atty Paid $160.00 Other Costs Plaintiff Paid Date: 1/22/09 (Seal) urns R. Long, rothonotary By: Deputy REQUESTING PARTY: Name: DANIEL J. MANCINI, ESQUIRE Address: DANIEL MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724.728.4233 Supreme Court ID No. 39353 Real Estate Sale # 25 On January 29, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA Known and numbered as 306 Shed Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 29, 2009 By: v R ?t 1 d b Z NV HOZ M r i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW WACHOVIA BANK OF DELAWARE, NA CIVIL Division PLAINTIFF Case Number: 08-4475 Type of Pleading VS Praecipe to Discontinue And Settle Case in Mortgage Foreclosure DOROTHEA L. BAILEY DEFENDANT CERTIFICATE OF LOCATION 306 SHED ROAD NEWVILLE, PA 17241 MIFLIN TOWNSHIP PARCEL No: 15-05-0413-025 Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Aii Dri Monac61 (724) By: DANIEL'"`J,MANCIM, ESQ. PA I.D. No. 39353 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WACHOVIA BANK OF DELAWARE, NA CIVIL DIVISION VS. DOROTHEA L. BAILEY FILE NO: 08-4475 PRAECIPE AND POWER OF ATTORNEY TO DISCONTINUE AND SETTkE FORECLOSURE WITH RIGHT TO REFILE TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A 1. --X-- the within suit is Settled, Discontinued, Ended WI ROUT Prej dice and costs paid and Plaintiff reserves right to file another foreclosure actiVr ul dDe endant fail with its obligations to Plaintiff. Da te: August 27, 2009 WITNESS {if signer is other than a registered attorney}: Attorney Attorney or Notary Signature of Daniel J. Mancini, Esg. Type or print name of above signer COST PAYMENT VERIFICATION TO UNSWORN FALSIFICATION TO AUTHORITIES Signature FILE ?..; l ICE ?„? OF THE PR," `H, ? . MARY 2009 SEP I I PH 1: 58 Y