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HomeMy WebLinkAbout08-5851bf PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 ,ARANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 187960 HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM _ NO. at"S? Sl ?l(/i ? ?//'l'I CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187960 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 #: 187960 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 File #: 187960 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 187960 1. Plaintiff is HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2003-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/24/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE CIT GROUP/ CONSUMER FINANCE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1635, Page 730. By Assignment of Mortgage recorded 05/02/2002 the mortgage was assigned to ALTEGRA CREDIT COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 686, Page 4551. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. File #f: 187960 4. 6. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 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. The following amounts are due on the mortgage: Principal Balance $39,488.39 Interest $1,599.04 05/01/2008 through 09/29/2008 (Per Diem $10.52) Attorney's Fees $1,250.00 Cumulative Late Charges $33.15 08/24/2000 to 09/29/2008 Property Inspections $15.00 Cost of Suit and Title Search 550.00 Subtotal $42,935.58 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $42,935.58 7. 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. File #: 187960 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. 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 187960 11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. ROBERT L. LAMOREAUX; IRS Docket No. 2007- 07387; filed 12/07/2007; in the amount of $6,334.63. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $42,935.58, together with interest from 09/29/2008 at the rate of $10.52 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 c By: L WRENCE T. PHELAN, ESQUIRE RANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 187960 LEGAL DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Yverdon Drive, which point is 110 feet South of the southwesterly corner of Rupley Road and Yverdon Drive, extended, and at dividing line between Lot Nos. 5 and 6, Block'C', on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 62 degrees 53 minutes West, a distance of 120 feet to a point; thence North 27 degrees 07 minutes West, a distance of 110.69 feet to a point on the southerly line of Rupley Road, aforesaid; thence along same on a curve to the left having a radius of 284.91 feet, an arc distance of 20.01 feet to a point; thence continuing along the same, North 62 degrees 53 minutes West, a distance of 90 feet to a point; thence in an arc having a radius of 10 feet in a southeasterly direction to the left, a distance of 15.71 feet to a point on the westerly line of Yverdon Drive, aforesaid; thence along the same, South 27 degrees 07 minutes East, a distance of 100 feet to a point, the place of BEGINNING. BEING Lot No. 6, Block 'C' in Plan of Riverview West, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 10, Page 26. HAVING THEREON ERECTED a dwelling house known and numbered as 850 Yverdon Drive, Camp Hill, Pennsylvania. PROPERTY BEING: 850 YVERDON DRIVE 10A It c-E? L .' i/7-/Ff- /,?o2.- 091 File M 197960 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff .p/?- T DATE. N (''? q -`- ' n W ? ? v1, l -~?- ; ?r-r ?Y 1 ? `J 1 ?- {_ n .? •V ? ?yS J I =' ? ? ?r - ? .-:. ;: ?: ? :;? - fi -? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS LAMOREAUX LOUISE M ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMOREAUX LOUISE M the DEFENDANT , at 0020:10 HOURS, on the 14th day of October , 2008 at 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 by handing to ROBERT L. LAMOREAUX HUSBAND 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 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 44.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/15/2008 PHELAN HALLINAN & SCHMIEEG By : Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR w CASE NO: 2008-05851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK USA VS LAMOREAUX LOUISE M ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAMOREAUX ROBERT L DEFENDANT the at 0020:10 HOURS, on the 14th day of October , 2008 at 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 by handing to ROBERT L. LAMOREAUX 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 Jb l4 0Y • 00 16.00 Sworn and Subscibed to before me this day So Answers: R. shomas Kline 10/15/2008 PHELAN HALLINAN & SCHMIEG By: Deputy Sheriff of A. D. • • ,+. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2003- HE3 VS. LOUISE M. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011 ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1164 FEDERAL BUILDING 228 WALNUT STREET HARRISBURG, PA 17101 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5851-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES `TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LOUISE M. LAMOREAUX and ROBERT L. LAMOREAUX. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 09/30/08 TO 11/18/08 TOTAL $42,935.58 5$ 26.00 $43,461.58 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DATE: PHS# 18796b / DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO ra ca p s? cJ't PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 Plaintiff V LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX THE UNITED STATES OF AMERICA Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5851-CIVIL TERM CUMBERLAND COUNTY `t v p o-y :T TO: LOUISE M. LAMOREAUX fir' ° 850 YVERDON DRIVE 65 CAMP HILL, PA 17011-1850 T MW 7' Fn) DATE OF NOTICE: November 4, 2008 W O THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NO`RCE' 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. IWORTANT 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARLENE POWERS Legal Assistant PHS # 187960 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 Plaintiff V LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX THE UNITED STATES OF AMERICA Defendant(s) TO: ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 DATE OF NOTICE: November 4, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DI VISON NO. 08-5851-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBtCOLLECTOR 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARLENE POWERS Legal Assistant PHS # 187960 r 27 r •G. C: 77 -i cr,% 1 0101, '` Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 VS. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5851-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 LOUISE M. LAMOREAUX is over 18 years of age and resides at 850 YVERDON DRIVE, CAMP HILL, PA 17011. (c) that defendant ROBERT L. LAMOREAUX is over 18 years of age, and resides at 850 YVERDON DRIVE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff By: DEPUTY If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (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 PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** (Rule of Civil Procedure No. 236) - Revised HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. LOUISE M. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011 ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET : NO. 08-5851-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on , 2008. >- . zip !s_, © cc c` a 7 N Ca PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 No. 08-5851-CIVIL TERM Plaintiff, , v. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $43,461.58 Interest from 11/19/2008-03/04/2009 $756.84 and Costs (per diem -$7.14) TOTAL $44,218.42 DANIEL G. SCHMIEG, ESQUII;tE 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. 187960 w? H M O? ? o W> N HO?v? Oz Hd ? O??..aO?den w ? rA o+ pp da?? U OdE"' ?La7VU 0.4 zw U x H A 90. o CP 9z OF a O? wa vs w 00 ax 0 U w ? 0 w q O h ? o W 4 low w o U a w w g ?'opog0 _ =OD D ? ti I a d O O 00 00 "1 -V O O dd as as as x? UU AA 00 0000 0000 -5 b Ei 8 a 0 ?o o? 00 11 49 w Cj -C li WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5851 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, As Trustee in Trust for CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3, Plaintiff (s) From LOUISE M. LAMOREAUX and ROBERT LO. LOAMOREAUX (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 $43,461.58 L.L. $.50 Interest from 11/19/08 - 3/04/09 (per diem - $7.14) -- $756.84 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $179.00 Other Costs Plaintiff Paid Date: 11/26/08 Curtis R. Long, Prothonot (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 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, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2003- HE3 Plaintiff, V. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5851-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.A. §4904 relating to unsworn falsification to authorities. o DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r , ;_? w ? ?` ? -r. :-?? i ; .?.: .?. t'? ? . ~: ' ?• ? ? ? ??- ? , - _-: ? ?, HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-11JE3 Plaintiff, V. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5851-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA. AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST INC.. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 Plaintiff in the above action, by its attorney, DANIEL G. SCHNUEG, 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 ,850 YVERDON DRIVE. CAMP HILL. PA 17011-1850. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 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) CITIBANK (SOUTH DAKOTA), NA CITIBANK (SOUTH DAKOTA), NA C/O BURTON NEIL ESQ, 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 57104 1060 ANDREW DRIVE WEST CHESTER, PA 19380 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) GMAC MORTGAGE CORPORATION 3451 HAMMOND AVENUE WATERLOO, IA 50702 5. Name and address of every other person who has any record lien on the property: .. Name DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA Last Known Address (if address cannot be reasonably ascertained, please indicate) 1001 LIBERTY AVENUE THIRTEENTH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 FEDERAL BUILDING P.O. BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 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 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 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.A. § 4904 relating to unsworn falsification to authorities. November 25, 2008 ?cAm9 ?jvr?- T DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff V HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 Plaintiff, V. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX Defendant(s). TO: LOUISE M. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 November 25, 2008 CUMBERLAND COUNTY No. 08-5851-CIVIL TERM ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 850 YVERDON DRIVE, CAMP HILL, PA 17011-1850, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $43,461.58 obtained by HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Yverdon Drive, which point is 110 feet South of the southwesterly corner of Rupley Road and Yverdon Drive, extended, and at dividing line between Lot Nos. 5 and 6, Block'C', on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 62 degrees 53 minutes West, a distance of 120 feet to a point; thence North 27 degrees 07 minutes West, a distance of 110.69 feet to a point on the southerly line of Rupley Road, aforesaid; thence along same on a curve to the left having a radius of 284.91 feet, an arc distance of 20.01 feet to a point; thence continuing along the same, North 62 degrees 53 minutes West, a distance of 90 feet to a point; thence in an arc having a radius of 10 feet in a southeasterly direction to the left, a distance of 15.71 feet to a point on the westerly line of Yverdon Drive, aforesaid; thence along the same, South 27 degrees 07 minutes East, a distance of 100 feet to a point, the place of BEGINNING. BEING Lot No. 6, Block 'C' in Plan of Riverview West, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 10, Page 26. HAVING THEREON ERECTED a dwelling house known and numbered as 850 Yverdon Drive, Camp Hill, Pennsylvania, BEING THE SAME PREMISES VESTED IN Louise M. Lamoreaux and Robert L. Lamoreaux, h/w, as tenants by the entireties, by Deed from Louise M. Lamoreaux, dated 11/10/1998, recorded 11/13/1998 in Book 189, Page 54. PREMISES BEING: 850 YVERDON DRIVE, CAMP HILL, PA 17011-1850 PARCEL NO. 47-18-1302-091 Y, • w HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOANS TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 VS. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5851-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney forHSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOANS TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3. 2009 DANIEL G. SCHMIEG, Attorney for Plaintiff {i. £0 L6 L 3000diZ 0008 a3,," . Lztooo 8002 80 030 ? ?, P 09fo*VO $ v?? zo ; 53 V.09 A31,10d ® G '•' 1SOd S;"y a N C ¢ a O o H 0 C/) CI f? o a, a vwi o > W C> 00 '0 kn W (y M ?? > o W CU < w 414 raa.a`r' W p > o ^?y¢ 0 o E H z ?xx?z O ? v? Q o U ? W ??i a ?o W fit 00 00) Go 0' z as h 00 y 3C Nw ¢ v> >' ° O 9134 p E ? ? 4 CID p en 1 a vNi U C7 C~ ¢ 3 `U '" w E,,, W .moo w Qom`'" ?'"z o a avt C4 z p , ? dd 3 VJ t 00 0 Otta++o? x o c' o W W p Q 1 ? 3 a?:°a z v?U ?qa E-+oUU? ? a?'i?WW- E 3 ¢ 00 PC N M z `r O a M a?+ a ow d to 00 Az00 M O to a p 0 r w 0 z?z ? aN?H? a -,° zz o H O c¢7 H O U Awq AA o q1t en Utz U., .a w ? 7 u ._ a 4= T u 8 O. ?yv ? v = Q E u E .? F.a y.5 v ?U h,A E y U1.0 u v o 0 -1 ? a c 0 0 v ? v v .0 E y N n u O E Y H O ? u v u V QM O 00 A `u a° 0 pa? Y O C 9 j C O V r o 0CD cw .2 ?a.m? E- .3 ov$:aoa %wa s a Iz- a a 4w U 68 0. z? G u y o r ± It tn H co E m u_ co i F- LA- c Lt-- ° V C 4 HSBC Bank USA, as. Trustee in Trust for In The Court of Common Pleas of Citigroup Morfgage Loan Trust, Inc., Cumberland County, Pennsylvania A&set 19acked Pass-Through Certificates Writ No. 2008-5851 Civil Term Series 2003-HE3 VS Louise M. Lamoreaux and Robert L. Lamoreaux Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2009 at 1730 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: Louise M. Lamoreaux and Robert L. Lamoreaux, by making known unto Robert Lamoreaux personally and adult in charge for Louise M. Lamoreaux, at 850 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 15, 2009 at 1912 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 Louise M. Lamoreaux and Robert L. Lamoreaux located at 850 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Louise M. Lamoreaux and Robert L. Lamoreaux, by regular mail to their last known address of 850 Yverdon Drive, Camp Hill, PA 17011. These letters were mailed under the date of January 27, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 21.32 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 61.00 Levy 15.00 Surcharge 30.00 Postpone sale 40.00 Law Journal 419.00 Ra riot'News 422.95 Share of bills 15.52 $ 1,087.29 So Answ R. Thomas Kline, Sheriff Real Estate Coordinator r 11,7/ O 9 1"- c ?i rj Mc rn 0171 ` ^ .?^'' L r-n cn e'k 69y34 ?.2YQ3? HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP, MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 Plaintiff, V. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5851-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3, Plaintiff in the above action, by its attorney, DANIEL G. SCHNUEG, 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 ,850 YVERDON DRIVE, CAMP HILL, PA 17011-1850. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 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) CITIBANK (SOUTH DAKOTA), NA CITIBANK (SOUTH DAKOTA), NA CIO BURTON NEIL ESQ, 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 57104 1060 ANDREW DRIVE WEST CHESTER, PA 19380 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) GMAC MORTGAGE CORPORATION 3451 HAMMOND AVENUE WATERLOO, IA 50702 s 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) DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1001 LIBERTY AVENUE THIRTEENTH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 FEDERAL BUILDING P.O. BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 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 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 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.A. § 4904 relating to unsworn falsification to authorities. November 25, 2008 qk" 2!? . gcT DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 Plaintiff, V. LOUISE M. LAMOREAUX ROBERT L. LAMOREAUX Defendant(s). CUMBERLAND COUNTY No. 08-5851-CIVIL TERM November 25, 2008 TO: LOUISE M. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 ROBERT L. LAMOREAUX 850 YVERDON DRIVE CAMP HILL, PA 17011-1850 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 850 YVERDON DRIVE, CAMP HILL, PA 17011-1850, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $43,461.58 obtained by HSBC BANK USA, AS TRUSTEE IN TRUST FOR CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3 (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 ALL THAT CERTAIN piece of parcel of land situate in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Yverdon Drive, which point is 110 feet South of the southwesterly corner of Rupley Road and Yverdon Drive, extended, and at dividing line between Lot Nos. 5 and 6, Block'C', on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 62 degrees 53 minutes West, a distance of 120 feet to a point; thence North 27 degrees 07 minutes West, a distance of 110.69 feet to a point on the southerly line of Rupley Road, aforesaid; thence along same on a curve to the left having a radius of 284.91 feet, an arc distance of 20.01 feet to a point; thence continuing along the same, North 62 degrees 53 minutes West, a distance of 90 feet to a point; thence in an arc having a radius of 10 feet in a southeasterly direction to the left, a distance of 15.71 feet to a point on the westerly line of Yverdon Drive, aforesaid; thence along the same, South 27 degrees 07 minutes East, a distance of 100 feet to a point, the place of BEGINNING. BEING Lot No. 6, Block 'C' in Plan of Riverview West, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 10, Page 26. HAVING THEREON ERECTED a dwelling house known and numbered as 850 Yverdon Drive, Camp Hill, Pennsylvania, BEING THE SAME PREMISES VESTED IN Louise M. Lamoreaux and Robert L. Lamoreaux, h/w, as tenants by the entireties, by Deed from Louise M. Lamoreaux, dated 11/10/1998, recorded 11/13/1998 in Book 189, Page 54. PREMISES BEING: 850 YVERDON DRIVE, CAMP HILL, PA 17011-1850 PARCEL NO. 47-18-1302-091 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5851 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, As Trustee in Trust for CITIGROUP MORTGAGE LOAN TRUST, INC., ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2003-HE3, Plaintiff (s) From LOUISE M. LAMOREAUX and ROBERT LO. LOAMOREAUX (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 $43,461.58 L.L. $.50 Interest from 11/19/08 - 3/04/09 (per diem - $7.14) -- $756.84 and Costs Atty's Comm % Atty Paid $179.00 Plaintiff Paid Date: 11/26/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs &rtis R. Long, rothonot y By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #62 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 850 Yverdon Drive, Camp Hill more fully described on Exhibit "A" Amok filed with this writ and by this reference { incorporated herein. Date: December 15, 2008 By: Real Estate Sergeant (( PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), 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: January 30, February 6, and February 13, 2009 Affrant 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. Li a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 13 day of Februaa 113 20 GCS . Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FAM *"X& M Writ No. 2008-5851 Civil HSBC Bank USA, as Trustee in Trust for Citigroup Mortgage Loan Trust, Inc., Asset Backed Pass-Through Certificates Series 2003-HE3 VS. Louise M. Lamoreaux and Robert L. Lamoreaux Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece of par- cel of land situate in the Borough of Wormleysburg, County of Cumber- land and Commonwealth of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Yverdon Drive, which point is 110 feet South of the south- westerly corner of Rupley Road and Yverdon Drive, extended, and at dividing line between Lot Nos. 5 and 6, Block 'C', on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 62 degrees 53 minutes West, a distance of 120 feet to a point; thence North 27 de- grees 07 minutes West, a distance of 110.69 feet to a point on the south- erly line of Rupley Road, aforesaid; thence almig same on a curve to the b* a rafts of 284.91 feet, an eac di" n?cx of 20.01 feet to a point; tame continuing along the saw, Noirlld 62 duet 53 minutes West, a di once of 90 Meet to a point; thence in an are having a radius of 10 feet in a southeasterly direction to the left, a distance of 15.71 feet to a point on the westerly line of Yverdon Drive, aforesaid; thence along the same, South 27 degrees 07 minutes East, a distance of 100 feet to a point, the place of BEGINNING. BEING Lot No. 6, Block'C' in Plan of Riverview West, which Plan is re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 10, Page 26. HAVING THEREON ERECTED a dwelling house known and numbered as 850 Yverdon Drive, Camp Hill, Pennsylvania. BEING THE SAME PREMISES VESTED IN Louise M. Lamoreaux and Robert L. Lamoreaux, h/w, as tenants by the entireties, by Deed from Louise M. Lamoreaux, dated 11/10/1998, recorded 11/13/1998 in Book 189, Page 54. PREMISES BEING: 850 YVER- DON DRIVE, CAMP HILL, PA 17011- 1850. PARCEL NO. 47-18-1302-091. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 u4now aNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 62 Writ No. 2009-Ml CWH Term HSBC BW* USA, mTnMee In Trust Loan Twat, inc., *4eat-Banked pass-It"Vo cerwicat"Series 2003-M VS Lou" Y. Larnoreaux and Robert L Laeroresux Attonwy Daniel. Schmieg " LEGAL DESCRWOON ALL THAT CERTAIN 'piece of parcel of land situate in the Borough of Wormley*u% Ca!mY of Cumberland and Commonwealth of Penusylvania, more particularly bounded and described as follows, to wit ' BEGINNING at a point sn the westerly line of Yvertim Drive, vvM Poi is 110 feet South of the southwesterly corner of Rupley Road and Yverdnn Drive, eatended, and at dividing line between "Lot Nos. 5 and 6; Bic& 'C', on the hereinafter mentioned Plan of Lots; thence along 'said dividing line, South 62 degrees 53 minutes west, a distance of 120 feet to a point, thence Forth 27 degrees 07 minutes West, a distance of 110.69 yet to a pow on the southerly fine of Rupley Raatd, aforesaid; thence along same on a curve to the left having a radius of 284.94 feet, an arc distance of 20.01 feet to a point; thence continuing along the same, North 6.2 degces 53 minutes west, a distance of 90 fed to a point; theuce iu'an arc having a radius of 10 feet in a southeasterly direction to the left, a.distance of 15.71 feet to a point on the westerly line of Yverdan Drive, aforesaid; tbence along the same, South 27 degrees 07 minutes East, a boce' point, the Place of distance of 100 feet-C_' BEGINNING: ` BEING Lot No. 6, Block 'C' in Plan of Riverview West; v% Plan is recorded m the Office of the RaeaY W of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 10, Page 26. HAYING' nWREONERECTED a dwelling house known and numbered as '850 Yverdon Drive, Camp I Pen08ylvania, BEING THE SANE PREl1 M VESTED IN Louise M. Lamoreami - and Robert L. Lamoteaax, htw; as unaft by the eatheties, by . Dead fiomrlasbe M. Lamorriwo, dated 111101 1998, recorded 1111311998 in Book 189, Page 54. PREMISES BEING: &%YVERDON DRIVE, CAW NWPA 17011-1850 PARCE4M. 47-18-1302.091 This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 Sworn to an"uKscribed before me th 25 y of February, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Not?7;e ; Seal Sherrie L Ki anei, Notary Public CRy Of HamslNirg. Dauphin County My Cmwnissiort Fx jues Nov. 26, 2011 Member, Pennaytva-,i o Association of Notaries A PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION HSBC Bank USA, As Trustee In Trust For Citigroup Mortgage Loan Trust, Inc., Asset Backed Pass-Through Certificates Series 2003-HE3 Plaintiff Vs. Louise M. Lamoreaux Robert L. Lamoreaux And The United States of America Defendants STIPULATION County: Cumberland Filed: October 2, 2008 No. 08-5851-Civil,' Term It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises known as 850 Yverdon Drive, Camp Hill, PA, Pennsylvania (the "Premises") is owned by the Defendant. 2. That the Federal Tax Lien referred to in paragraph eleven (11) of the Plaintiffs complaint is junior in time to the Plaintiff's mortgage set forth in paragraph three (3) of said complaint. 3. That the Defendant, United States of America, is not indebted to the Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 5. 6. 7. 8. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the Defendant, United States of America. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph eleven (11) of said complaint. That the proceeds of sale shall be divided and distributed as the parties may be entitled. That the Defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). The parties to this Stipulation shall bear their own respective costs in this proceeding. Date: (L 26 Respectfully submitted Martin C. Carlson, United States Attorney By: . Melissa Swauger, Assistant United States Attorney Attorney for United States of America LLP Date: / ? ?) '06 iel G. ire Plne-Reflrr G er at Subu?ba Suite 14^ Philadelphia, PA 19103-1804 Attorneys for Plaintiff File #: 187960 HLEO t =;= -? - "AY 2009 A -3 PH 4: 1