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HomeMy WebLinkAbout09-0064IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW INDYMAC FEDERAL BANK, F.S.B PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS CERTIFICATE OF LOCATION CIVIL Division Case Number: Oq - Op(o ~ ~v i ~ ~° ~ Type of Pleading Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff 1031 ROCKLEDGE DRIVE CARLISLE, PA 17013 SOUTH MIDDLETON TOWNSHIP PARCEL No: 40-23-0602-022 Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4~233~ / // By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 *~` ~t e~~~ Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS 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 REAFFIItMED, 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 maybe 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 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS 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. PARR 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 mancinilawfirm@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA 1NDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF Case Number: VS MORTGAGE FORECLOSURE META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECENED 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. EDGEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIl'T 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 REQUDtE 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 PROVD)ES 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 RECENED THIS COMPLAINT. HOWEVER, ~' YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THDtTY (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. ,/~~ Daniel J. Mancini, Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF CIVIL Division Case Number: ~ ~ - DUL. y ~-u~-1 ~-cw.- VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis: INDYMAC FEDERAL BANK, F.S.B., whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendants are META CRUZ AND JUAN CARLOS CRUZ, whose last known address is 142 VILLA AVENUE, BUFFALO, NY 14216. META CRUZ AND JUAN CARLOS CRUZ are the mortgagors and recorded owners of the mortgaged property hereinafter described. 3.On or about, August 18, 2006, META CRUZ AND JUAN CARLOS CRUZ borrowed $251,900.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR BALTIMORE AMERICAN MORTGAGE CORPORATION, INC. A MARYLAND CORPORATION, this mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County in Mortgage Record Book 1963, Page 1862. Said mortgage was then assigned to INDYMAC FEDERAL BANK, F.S.B, and was recorded at INSTRUMENT NUMBER 200838764. This mortgage and all instruments of assignment are incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g). 4. The land subject to the Mortgage is 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013, 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 April 1, 2008, 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 $ 250,572.67 Delinquent Balance, including Interest at $55.78 per diem $ 18,150.26 From 3/1/08 to 1/5/09 (based on contract rate of 8.125%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 614.55 Accrued Late Charges $ 731.34 Bad Check Fees $ 00.00 Attorney's Fee $ 12,528.63 Total $ 282,597.45 ** Together with interest at the per diem rate noted above after April 1, 2008 and other charges and costs to date of Sheriff's 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 November 25, 2008, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendants are not members 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 Defendants have 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 8.125% ($55.78 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. Daniel J. Mancini, Esq. Attorney Bar: PA 39353 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200838764 Recorded On 12/3/2008 At 2:38:12 PM * Total Pages - 4 * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number - 33289 User ID - AF * Mortgagor -CRUZ, JUAN CARLOS * Mortgagee -MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - MANCINI & ASSOC * FEES (-- STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 VES FEE $3 00 Certification Page DO NOT DETACH This page is now part of this legal document. ROD ARCHI TOTAL PAID $37.00 I Certify this to be recorded in Cumberland County PA t . o RECORDER O D DS rrao * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. NIYIItlMINlltltl '1 ~ ~~ ~,: 1 After recording, return to: ~~ Daniel J. Mancini, Esquire Mancini & Associates 201 A FAIRVIEW DRIVE MONACA, PA 15061 viii ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the undersigned Assignor, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Baltimore American Mortgage Corp., Inc., a Maryland Corporation, does hereby grant, bargain, sell, assign, transfer and convey to the following Assignee: INDYMAC FEDERAL BANK, F.S.B. all of Assignor s right, title, and interest in and to that certain Mortgage or Deed of Trust, which encumbers the real property more particularly described therein, together with all the indebtedness currently due and to become due under the terms of any promissory note or evidence of indebtedness secured thereby. This assignment is made without recourse to Assignor, and without representation or warranty by Assignor, expressed or implied. Said Mortgage/Deed of Trust, dated 08/18/2006, recorded 08/24/2006 in the Land Records of CUMBERLAND County, Pennsylvania, in Mortgage Book 1963 at page 1862, in the amount of $251,900.00. Original Mortgagor: Meta Cruz and Juan Carlos Cruz, as Tenants by the Entirety Original Mortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Baltimore American Mortgage Corp., Inc., a Maryland Corporation Property Address: 1031 Rockledge Drive Carlisle, PA 17013 Municipality: South Middleton Township Tax 1 Parcel #: 40-23-0602-022 TO HAVE AND TO HOLD the same unto said Assignee(s) and their heirs, executors, successors and assigns, forever, subject only to the terms and conditions of the above described dee~d~~o~f t~ru~st IN TESTIMONY HEREOF, the undersigned as on this ~2 day of ~L~d.--, 2008, caused these resents to be signed by'Er~co. . ~lr\f~van-S~ck- ,its y;~ari~ry c~ ~~ ECTRONIC REGISTRATION Witness ~~pY11t(ltG. AV i ~- Notarial Attestation on Succeeding Page MORTGAGE EL --SYSTEMS, INC. as nominee for Baltimore American Mortgage Corp., Inc., a Maryland Corporation Q ~~ By: Signature Printed Name and Title STATE OF 'I~s COUNTY OF Williamson to wit: 1 HEREBY CERTIFY that on this _L2 day of NOYQ.M~~ , 2008, before me, the subscriber, a Notary Public of the State of 'Baas , in and for trhe- C- Qunty . - ~ ,the ~L2~'feSl~'l~ aforesaid, personally appeared ~Y~ca -J of MF.K~ ,the corporation that executed the forgoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,o~r.F~~;,, J. C. SAN t EDRO a*~;*: c,S.ateofTexas ~~ a My Cemmiss~on Ex~rss UC "'~'~;gF;~4'y'~ DEC. 18, 2010 Notary Public My commission expires: Meta Cruz EXHIBIT A Order Number: 409729-1 ALL THAT CERTAM tot or ground situated in the South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road No. 478, locally known as "The back road to Mt. Holly", which point is in the Southern line of other property of Kirby K. Burkholder; thence along the Southern line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center line of said Public Road; thence in center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the Place of BEGINNING. Order Number: 409729-1 Page 8 of 8 Print Date: 9!12/2008 5:23:11PM ~ ', LEGAL DESCRIPTION EXHIBIT "A" ALL THAT CER:'AIN lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a p~~int in the center of Township Road No. 478, locally known as "The back road to Mt. Holly", which p~~int is in the Southern line of other property of Kirby K. Buckholder; thence along the Southem line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center li ie of said Public Road; then~:e in the center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the place of beginning;. The improvements tr ereon being known as 1031 Rockledge Drive. coif t . ,~ ~ . 5~~1963EC~Cv Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF CIVIL Division Case Number: VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS MORTGAGE FORECLOSURE 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 5~' Day of January, 2009 Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 \ r ~ ~ ~ ~ t ~„q t r~ '.~ ~{. f ~ ~ - 7~ ~ ~. ~`~ i_'f 3 v~ _ +± .~ ~~ Ouf «y Daniel Mancini & Associates ~ r'~ ' Daniel J. Mancini, Esq., 2~ ~O ~'~~ n PA Bar ID: 39353 ~ ~ i~t°;' d' 201 A Fairview Drive Monaca, PA 15061 ~lr~~-, (724) 728-4233 - " '' ~i~~ t ~ mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF VS CIVIL Division Case Number: pQ -- ~ C,/ MORTGAGE FORECLOSURE META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint for Mortgage Foreclosure in the above matter. DANIEL J. MANCINI, ESQUIRE ATTORNEY FOR PLAINTIFF $lo.oa ~ic~ erg 896 ~' aa~t 7l Daniel Mancini & Associates ~ ~ ~:. i'I . `, '~~ ~+~~ ., ,~~";. Daniel J. Mancini, Esq. PA Bar 1D: 39353 ~' ~, { ±. 201 A Fairview Drive ~ ~ ~ J • ~ ~ i _- `'~ iY•, • ~ ~ ' s 1 Monaca, PA 15061 (724) 728-4233 ~ ~•'~ •` - ~„ mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF VS CIVIL Division Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff, INDYMAC FEDERAL BANK F.S.B., c/o Daniel J. Mancini, Esquire, 201A Fairview Drive, Monaca, PA 15061, and against Defendants META CRUZ AND JUAN CARLOS CRUZ, whose last known address is 142 VILLA AVENUE, BUFFALO, NY 14216 for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: Unpaid Principal Balance $ 250,572.67 Interest at $55.78 per diem $ 42,768.34 From 3/1/08 to 4/6/10 (based on contract rate of 8.125%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 8,756.14 Accrued Late Charges Bad Check Fees Attorney's Fee Total $ 2,073.02 $ 00.00 $ 12,528.63 $ 316,528.63 $I~F.oO Po IOTr1 Cry 14~b I.~keP, I~la,~e~ I hereby certify the (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~/~.._~/ Daniel J. Mancini, Esq. Attorney Bar No.: 39353 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ~ G PROTHONOTARY **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.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW INDYMAC FEDERAL BANK, F.S.B PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS CERTIFICATE OF LOCATION CIVIL Division Case Number: 09-0064 CIVIL TERM Type of Pleading: Mortgage Foreclosure Praecipe for Default Judgment Code and Classification: Filed on Behalf Of: Plaintiff 1031 ROCKLEDGE DRIVE CARLISLE, PA 17013 SOUTH MIDDLETON TOWNSHIP PARCEL No: 40-23-0602-022 Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 By: DANIEL J. MANCINI, ESQ. PA LD. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar [D: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF Case Number: 09-0064 CIVIL TERM VS MORTGAGE FORECLOSURE META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS AFFIDAVIT OF ACT 91 OF 1983 I, Daniel J. Mancini, Esquire, hereby affirm that I have complied with Act 6 and Act 91 of 1983, notice requirements in the above-captioned matter. ~~~ Daniel J. Mancini, Esquire Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF NAMES AND ADDRESSES OF OWNERS AND DEFENDANTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAN D DANIEL J. MANCINI, Esq., being duly authorized to make this affidavit on behalf of the Plaintiff in the above action INDYMAC FEDERAL BANK F.S.B., being duly sworn according to law deposes and says that to the best of his knowledge, information and belief the owners of 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013, the real property to be sold in the within execution and the Defendants in the judgment are META CRUZ AND JUAN CARLOS CRUZ, whose last known address is 142 VILLA AVENUE, BUFFALO, NY 14216. DATE: APRIL 6, 2010 -p~ n ,~ -J_ /f ~' ~-~' 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 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS MORTGAGE FORECLOSURE Case Number: 09-0064 CIVIL TERM 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 Plaintiff's behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendants META CRUZ AND JUAN CARLOS CRUZ 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. This affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. Daniel J. Mancini, Esq. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B.; et seq. Plaintiff (Petitioner) V. META CRUZ; et al. Defendant (Respondent) CASE and/or DOCKET No.: 09-006 S6erlff s Sale Date: AFFH)AVIT OF SERVICE n 4 ti ~ ~ ` ~ _ r~' ~ , a iZi ;, ' ~ r- ~ C , 1,. --i - 1 © pr'rt ,3 c~ ti ~ co ~Co>aplaint ~JSummoea (JOtiser: I, / ' I ~ ctil ti / /~ ~ f o ~__, certify that [ am eighteen years of age or older and tltat 1 am not a party to the action nor an employee nor fclative of a party , and that I served and maw Imown to the person served, META CRUZ; et al. the argue cess on the Pm ~,_ day of _~ ti ~L .20J~, at _ 3 :1_!j_o'clock,~M, x1142 Vi1laAvenue Buffalo, NY 142i6 Manner of Service: By handing a copy to: An officer, paNter, trustee, or registered agent of dre Defendant organization who is not a plaintiff nt the action' ^ The manager, deck, or other person for the time being in charge of a regular place of business or ~tivity of the Defendant organvation who is not a plaintiff in the action ^ An agent authorized by the Defendant orgartiffition in writing to receive service of process for it who is not a plaintiff in the action By handing a copy to the Defendant(s) ^ By hartding a copy at the residence of the Defcrrdant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found' ^ By handing a copy at the residue of the Defendant(s) to the clerk or manager of the hotel, inn, aparvnent house or other place of lodging at which he/she resides ` ^ By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s~ agent or a the person for the time being in charge thereof j] By posting a copy of the original process on the most public part of the property pursuant to an order of court ' Name: -- - elationship.~tle/Position: _. Remarks: -- - __.._ -- Descnptam Approximate Age .3 ,3 Height _.~,y r• Weight 1SQ. Race! =tom Sex ~_ Hair _~GX -. Defendant was tai served because: ^ Moved ^ Unknown ^No Answer ^ Vacant ^ Other: Service was attempted on the following dates/times: 1) -- 2) --- 3) r`n .mHl. ,.rD.... ~--=- ss: Cotmty of 6weberlerad_ ST~ C n ) Before me, the undersigned notary public, this day, personally, appeared /)'~ r C.f, 4 ! / ~4 S rt to me known, who being duly sworn acootding M law, following: 1 hereby swe or a "h that } fact~set forth in the foregoing Affidavit of Service are true and correct i Subscribed and sworn to before me (Signature of Affiant) Od day of a -G ~i 20 File Number. 1008230599 Notary Public Christine L Mlller Notary Publlo # OtMi6076950 Steubsn County, $t6te of New York My Commleel+~n Explrar! Juiy 1, 20~ IN THE COMMON PLEAS COURT OF C INDYMAC FEDERAL BANK, F.S.B.; et seq. Plaintiff (Petitioner) V. META CRUZ; et aL Defeodant(Respondent) UMBERLAND COUNTY PENNSYLVANIA n o C] ft C !CASE and/or DOCKET No.: 09-0064 -, , S- o z' ' -n Sheriffs Sale Dale: N ~ i ! - t~ ~ - '~ ' _2: ~ -ri ~"' i-_ O .V~.y ~, o~ AFFIDAVIT OFSERVICE ~Cnmplteint ~.. Sammons ,i ~'Otta~r. f, a I en certify that I am eighteen years of agc or older nerd that 1 tan nut a party to the action nor an cmployce nor~lative of a party , and tbat I served and made known W the person served, JUAN CARLOS CRUZ; et a1. the above process on the _Z_ day of_f1~ ~~ , 20~ at ~; /~ _ o'clock, ~M, a[ l42 Villa Avenue Buffalo, NY 14216 Maaaer o(Service: By handing a copy ro: An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action' The manager, clerk, or other person for the time being is charge of a regular place of business or activiTy of the Defendant organization who is not a plaintff in the action' An agent auUwrizcd by the Defendartt organization in writing ro receive service of process for it who is not a plaintiff in the acOOn By handing a copy to the Defendant(s) BY ~dro8 a COPY at the residence of the Defendant(s) ro an aduh member of the family with whom helshe resides or ro the adult person in charge of the residence 6ecatse rto aduh family member was found' BY handing a cePY at the residence of the Defendant(s) to the cleric or manager of the hotel, N4 apartment house or other place of lodging at which he/she resides By handing a copy at the office or usual place of business of the Defendant(s) [o the Defendant's(s') agent or to the person for the time being in charge thereof' By posting a copy of the original process on [he most public part of the property pursuant ro an order of court ' Name: /YI e r _ _. C. ~~ Z, -- - - - elatiottship~tleJPosition: e~ _ 2~ s ~i T Remarks: - ----.- ---- --- -- Descai on: _- -_ --- Pti ApPtoximateAge 3 3 Height .$ ,9 " weigtrt f.Sa Race w~• rt Sex F Hair RIGC ~ Defendant was not served because; ]Moved ^ Unknown ^No Answer ^ Vacant Outer: Service was attempted on the following dateskimes: I) - 2) 3) SrxrC e~.N4w Yak .-._... _- ___- SS: CourttyofC~berlexd S7-t,~s~~ ) Before me, the undersigned notary publiq this day, personally, appeared ~ t G+t u C / // / 4 S o .mot to me known, who being duly sworn according ro law, deposes the following: ~ ~~h~ 1 hereby s~or r"1 th fact~set forth in the foregoing Affidavit of Service are true and correct. i Subscribed and sworn to before me (Signatun; of Affiant) thi day of a -G ~ 20 File Number. 1008230599 Notary Public Christine L Mlller Nt~ry Publlo ~ O1MI6018950 Steubgn County, 9tatm of New York My Commleelen fixplres July 1, 201? Daniel Mancini & Associates Daniel 1. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 7284233 mancini lawfi mt@attomeydanielm ancin i.com IN THE COURT OF COMMON PLF,AS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS To: META CRUZ 1031 ROCKLEDGE DRIVE CARLISLE, PA 17013 DATE OF NOTICE: MARCH 24.2010 ~~Qt~ . ~ _._ ~.. 02 ~_. ~ « 0 0`267328 81 ED FROTi4 gl ^~ c F iL, :,: CIVIL Division Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE use 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 i date of this notice, a Judgment maybe entered against you without a property or other important rights. You should take this notice to a lawyer Myer or cannot afford one, go to or telephone the following office to fmd ~: Lawyer Referra{ Services, iuth Bedford Street, Carlisle, PA 17013 (717) 249-3166 /~~ Daniel J. Mancini, Esquire Attorney for Plaintiff 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 ___ _.._ _..........-..POSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE THIS CORRESPO1v~ENCE IS NOT AND SHOULD NOT BE ~r~ BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS )RCEMENT OF LIEN AGAINST PROPERTY. Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancin ilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF VS e E u~ wn U ~ ~.., Eoo Q s g `~. • ~~~ ;g... s~ oW ?= F ~~ ~~~ cF ~ E META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS CNIL Division Case Number: 09-0064 CNIL TERM MORTGAGE FORECLOSURE TO: META CRUZ 142 VILLA AVENUE BUFFALO, NY 14216 DATE OF NOTICE: MARCH 24.2010 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 " ----2POSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE 'TffiS CORRESPONDENCE IS NOT AND SHOULD NOT BE ~P;t~ SST 'BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ~ ~ JRCEMENT OF LIEN AGAINST PROPERTY. ~- eer~EV'emwes IMPORTANT NOTICE 1_~. ^#;~? Q26 7 32~:9M AR .24 z o t 0 fuse you have failed to enter a written appeazance personally or by attorney ~d'~'1LED FROM~IP CODE t 5061 t your defenses or objections to the claims set forth against you Unless you `` c date of this notice, a Judgment may be entered against you without a roperty or other important rights. You should take this notice to a lawyer vyer or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, ~ uth Bedford Street, Carlisle, PA 17013 d (717) 249-3166 ~ p ~ d ~!~ _ a Daniel J. Mancini, Esquire Attorney for Plaintiff ~E 6 a Daniel Mancini & Associates Daniel J. Mancini, Esq. PA BarID:39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfinn a~attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF Case Ntunber: 09-0064 CIVIL TERM VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS MORTGAGE FORECLOSURE TO: JUAN CARLOS CRUZ 1031 ROCKLEDGE DRIVE CARLISLE, PA 17013 DATE OF NOTICE: MARCH 24, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE !S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL 2POSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE ~P~FS Nosy BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS =4-I -~-- -.-•--a~ Q ~ JRCEMENT OF LIEN AGAINST PROPERTY. ' ~ "''~=>~ ""=-a~"' „ovdes IMPORTANT NOTICE ' X0026732 t 9„ MAR 24 20 t 0 mse you have failed to enter a written appearance personally or by attorney ~IkILED PftOM14 `KIP CODE t 506 t t your defenses or objections to the claims se[ forth against you. Unless you l-`: - ~~- e date of this notice, a Judgment may be entered against you without a c_ E O $~ ~s Y a U x m S \ e a6 s ~~ e ~ ~~ ' ' -_ property or other important ^ghts. You should take thts nouce to a lawyer `'~= ~ wyer or cannot afford one, go to or telephone the following office to find a a Lawyer Referral Services, luth Bedford Street, Carlisle, PA 17013 (717) 249-3166 A~ ~!~ `-~ 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)7281!233 mancini lawfirm @attomeydanielmanci n i. coin IN THE COURT OF COMMON PLEAS, CUMBERLAND COIJNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF a. ~s a F r~ ~ °Q o a~ eF g . o^ F ~~ b ~` r' VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS Case Number: 09-0064 CNH, TERM MORTGAGE FORECLOSURE TO: JUAN CARLOS CRUZ 142 VILLA AVENUE BUFFALO, NY 14216 DATE OF NOTICE: MARCH 24.2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTDJG 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 -" - -'" "- °' "°'IOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 'HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE ~t~fiosj.' E AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ~! ~; -~ IICEMENT OF LIEN AGAINST PROPERTY. ~~ry~ f ~ :~.~-~ ^'~ "--~-i`~ iswar sowES IMPORTANT NOTICE ::iP := ~~~.~~0 ~ 2 6 7 3;t f 9 , MAR. 2 a 2 o t o se You have failed to enter a written appearance personally or by attorney _EO FRAM mIP CODE 150 & t 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 ~.I ~ I ~ ~ f I I 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, ~ uth Bedford Street, Carlisle, PA 17013 $ (717)249-3166 ~~ m Daniel J. Mancini, Esquire a Attorney for Plaintiff ~$ E a Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE RULE 236 NOTICE OF DEFAULT To: META CRUZ 1031 ROCKLEDGE DRIVE CARLISLE, PA 17013 You are hereby notified that the following Order, Decree or Judgment has been entered against you on ~g~/0 A Judgment of Default in the amount of $ 316,698.80 plus costs. J Prothonotary 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 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar [D: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirmCattorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE RULE 236 NOTICE OF DEFAULT To: META CRUZ 142 VILLA AVENUE BUFFALO, NY 14216 You are hereby notifi d that the following Order, Decree or Judgment has been entered against you on ~~$~(~ A Judgment of Default in the amount of $ 316,698.80 plus costs. If you have any questions concerning the abc DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE DEFENDANTS RULE 236 NOTICE OF DEFAULT To: JUAN CARLOS CRUZ 1031 ROCKLEDGE DRIVE CARLISLE, PA 17013 You are hereby notified that the following Order, Decree or Judgment has been entered against you on ,~ g /a A Judgment of Default in the amount of $ 316,698.80 plus costs. Pro onotary 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 Daniel Mancini & Associates Daniel J. Mancini, Esy. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE RULE 236 NOTICE OF DEFAULT To: JUAN CARLOS CRUZ 142 VILLA AVENUE BUFFALO, NY 14216 You are hereby notified that the following Order, Decree or Judgment has been entered against you on A Judgment of Default in the amount of $ 316,698.80 plus costs. If you have any questions concerning the abc DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 Daniel Mancini & Associates Daniel J. Mancini, Esq. n r r F i' r,, il4 V PA Bar ID: 39353 t . < < , 201 A Fairview Drive Monaca, PA 15061 r 17 ?. r ' , (724) 728-4233 v 6 y. mancinilawfirm@attorneydanielmancij!" i._" L DI C IN THE COURT OF COMMON fti91, &iMftRLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that a true and correct copy of Notice of Sale of Real Estate pursuant to PA R.C.P. 3129 was sent to each Defendant, META CRUZ AND JUAN CARLOS CRUZ, at their respective addresses which are 1031 Rockledge Drive, Carlisle, PA 17013 and 142 Villa Avenue, Buffalo, NY 14216. The Notice of Sheriff s sale was sent by Certified / Registered Mail, which I deposited in the U.S. Mails at Aliquippa, Pennsylvania on November 6, 2010. In addition to the Notice set forth above, a Notice of Sale was also sent to each Defendant via Regular First Class Mail on November 6, 2010. A copy of Certificate of Mailing is attached also. By Daniel J. Mancini, Esq. Attorney for Plaintiff zwey .3bb? 18 ?? 7010 1870 0003 2461 3881 7010 1870 0003 2461 jt?5u C > >p m 0 l 0003 2461 3874 J' J t 'D G • z h yi- .a v c 3 ? a m: V • Y ro $ a z ?- r S7_ Iff -4 G • 3 Itot N. -? • ,y=, g N lot Ld, 8 4 m c 3 0) 0 o j U 7? fY ?a V? ®a 1 ; O aaEE 1 r .g , 52. z C? ( 4 0 ?. l? a 02 I I Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attorneydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS CIVIL Division Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Monaca, Pennsylvania on November 6, 2010, a true and correct copy of Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to all lien holders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), which mailing receipts are attached. Service addresses are as follows: Domestic Relations Berks County Services Center, 6s' Floor 633 Court Street Reading, PA 19601 Domestic Relations 117 West Gay Street P.O. Box 2748 West Chester, PA 19380 Domestic Relations 30 East Court Street Doylestown, PA 18901 Domestic Relations 126 S. Union Street Easton, PA 18042 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Revenue Bureau of Compliance Sheriff Sale Section PO Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 Judy Campbell 6 Hope Drive Boiling Springs, PA 17007 Domestic Relations Family Court Building 34 South I I x' Street Philadelphia, PA 19107 Domestic Relations York Co. Judicial Center 45 North George Street, Suite 2100 York, PA 17401 By ?- - Daniel J. Mancini, Esq. Attorney for Plaintiff S 3YJsB s sw.i arru...;u? ;•..$4 N i a j v At, ? a? G W ? Q ? C? J f' t r a? 9j a a ?v. C ? IV^ nR V fim a e A 0 04 V' Nil r 4. 7 k / ;sax c x a a' mz G ?gg r S3 ?d .g ? Y `1 y f N Np?, O Z -J Y N Q a u, 3 ? vm m° ?f 5]? etl n ? ? O 1 - ? og O a 'a N 3 n 0 0 a N • 3 I 1 y r alp A' ??+ .',fib ?a _ ? • } •?.? `na T ?? 7 3? G ,.l ?s j fill 3 ?m ?Q C v , O .. IA V-Z I ..., v, e ¦ s ?i C 1 r 3 ? ?e a m m°Q a , >?? ??a aka ??? a v it I Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS CIVIL Division Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens or any claim against the real estate of 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. Domestic Relations Domestic Relations Berks County Services Center, 6s' Floor 117 West Gay Street 633 Court Street, Reading, PA 19601 P.O. Box 2748 #473001666 FILED 4/8/2010 AMT: $1,513.98 West Chester, PA 19380 #406107062 AMOUNT: $11,261.65 #557107033 AMOUNT: $16,348.89 Domestic Relations 30 East Court Street Doylestown, PA 18901 #251100320 AMOUNT: $3,538.93 Domestic Relations York Co. Judicial Center 45 North George Street, Suite 2100 York, PA 17401 #478104578 AMOUNT: $502.25 Domestic Relations 126 S. Union Street, Easton, PA 18042 #859001197 AMOUNT: $13,765.17 #671109482 AMOUNT: $6,586.72 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Revenue Bureau of Compliance Sheriff Sale Section PO Box 281230 Harrisburg, PA 17128-1230 Domestic Relations Family Court Building 34 South 11th Street, Philadelphia, PA 19107 #619005398 AMOUNT: $448.72 Judy Campbell 6 Hope Drive Boiling Springs, PA 17007 Tax Parcel #40-23-0602-022 Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 You are hereby notified that on December 8, 2010 at 10:00 A.M. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of INDYMAC FEDERAL BANK, F.S.B., the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA 17013, the real estate of META CRUZ AND JUAN CARLOS CRUZ, known and numbered as 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013, CUMBERLAND COUNTY. A description of said real estate is hereto attached. You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff's Sale. DATE: November 6, 2010 By: Daniel J. Mancini, Esq. Attorney for Plaintiff ALL THAT CERTAIN lot of ground situated in the South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road No. 478, locally known as 'The back road to Mt. Holly', which point is in the Southern line of other property of Kirby K. Burkholder; thence along the Southern line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center line of said Public Road; thence in the center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the Place of BEGINNING. BEING the same premises which Kirby K. Burkholder, single man, and Joy G. Hooke, formerly Joy G. Burkholder, and William H. Hooke, Jr., her husband, Granted and conveyed by deed dated June 30, 1977 recorded in the Cumberland County Recorder of Deeds Office on June 30, 1977 in Deed Book 27, Volume G, Page 637, unto Thomas E. Frederick and Monica C. Frederick, husband and wife. DWELLING KNOWN AS 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. IDENTIFIED as TAX/PARCEL ID#: 40-23-0602-022 in the Deed Registry Office of Cumberland County, Pennsylvania. Being the same premises conveyed to Juan Carlos Cruz and Meta Cruz, husband and wife, by Deed of Thomas E. Frederick and Monica C. Frederick, husband and wife, dated 08/18/2006 and recorded 08/24/2006 in Cumberland County Deed Book 276, page 1508. Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS TAKE NOTICE: Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 8, 2010 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 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. ALL THAT CERTAIN lot of ground situated in the South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road No. 478, locally known as "The back road to Mt. Holly", which point is in the Southern line of other property of Kirby K. Burkholder; thence along the Southern line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center line of said Public Road; thence in the center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the Place of BEGINNING. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1031 ROCKLEDGE DRIVE CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 09-0064 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property META CRUZ AND JUAN CARLOS CRUZ - REAL OWNERS 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 Sheriffs 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 obtained from the within County Court House before presentation to the Court. Daniel Mancini, Esq. +,. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B.; et seq. Plaintiff (Petitioner) Sheriffs Sale Date: 12/8/2010 3 c7t ? r-'3' o V. I ---! META CRUZ; et al. 6 -,r- Defendant (Respondent) > N a ICJ AFFIDAVIT OF SERVICE > i - C -y ?Com taint ?Summ ns 21 Other: NOTICE OF SALE }} I, ?C'-k OVA G r 1 rF[?e I certify that I am eighteen years of age or older agd that I am p9t a parry t the action nor an gtnpie;(ee ndi l i f a party , and that 1 served and made known to the person served, META CRUZ ; et at. the above process on the ? day of NOV P gam" 2d0 at ??olo k ?, at 142 Villa Avenue Buffalo, NY 14216 , , c Manner of Service: By handing a copy to: ? An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action By handing a copy to the Defendant(s) By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * ? By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides ? By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof ? By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: Relationship/Title/Position: Remarks: Description: Approximate Ag _ Height '' Weight Rac Sex Hair h -Ale Defendant was not served because: ?Moved ?Unlmown ?No Answer ? Vacant ? Other: CASE and/or DOCKET No.: 09-0064 Service was attempted on the following dates/times: Commonwealth of4wwtsylverha Vor k ) r ) SS: County of @mIIbC[1Altd 1 VVJ AY ) Before me, the undersigned notary public, this day, personally, appeared )G? 01, Ft jQ (l I to me known, who being duly sworn according to law, deposes the following: I hereby /swor affirm that th cts set forth in the foregoing Affidavit of Service are true and correct. (Signature of Affiant) File Number: 1008230599 4 - ,, , * Sub bed and sworn to bef tM re me this day of r , 2016 . Notary Public J0lffl'H A. 0"WYj ftWy` ft8WftdftWV" NO-01110111113W Q011W In Oon ftsion N?MAifo111R a =4 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B.; et seq. CASE and/or DOCKET No.: 09-0064 ? = "'n Plaintiff (Petitioner) j 12/8/2010 Sheriffs Sale Date: t :r rnCX] ° - i Z-n 7 Irl O -? f i--- V. V. ! I ~ C? CD META CRUZ; et al. Defendant (Respondent) C a CD rr'1 AFFIDAVIT OF SERVICE NOTICE OF SALE -: !] omplaint F]Summons? V Other: I, Ni ?? oe 1 G . f e , certify that I am eighteen years of age or of d that I am t a partytto the action nor an ern loye nor relative of a p and that I served and made known to the person served, JAUN CRUZ ; et al. the above process on the day of AQ? f j8M b@I' 20 , at or relative o'clock,-M, at 142 Villa Avenue Buffalo, NY 14216 Manner of Service: By handing a copy to: An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* n The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action By handing a copy to the Defendant(s) By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: Relationship/Title/Position: Remarks: Description: Approximate Age ,Height ' Weight S-Race t Sex Hair QnX4AJ Defendant was not served because: []Moved OUnknown []No Answer O vacant Other: Service was attempted on the following dates/times: Commonwealth of Peneaptvanie ?4wyor SS: County ofGumb"tand Before me, the undersigned notary public, this day, personally, appeared / t1 G p ?I fried to me known, who being duly swom according to law, deposes the following: I hereby swear or irm that the fac set forth in the foregoing Affidavit of Service are true and correct. 01 (Signature of ffiant) File Number: 1008230599 Subs and sworn to before me this '1 'day of 20?_. Notary Public SHERIFF'S OFFICE OF CUMBERLAND COUNTY r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t FI-F_B-0i i• PC" G i H P00TfiC''-10 Ttt JAN 27 AN 8: CUMBERLAW COtINT Y PENNSMANIA Indymac Federal Bank FSB Case Number vs. Meta Cruz (et al.) 2009-64 SHERIFF'S RETURN OF SERVICE 10/07/2010 03:34 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-07-10 at 1534 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 Meta & Juan Carlos Cruz, located at, 1031 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania according to law. 10/07/2010 03:33 PM - Deputy Noah Cline, being duly sworn according to law, attempted service to the Defendant, to wit: Meta Cruz at 1031 Rockledge Drive, South Middleton Township, Carlisl, PA 17013. The address was found to be vacant. 10/07/2010 03:34 PM - Deputy Noah Cline, being duly sworn according to law, attempted service to the Defendant, to wit: Juan Carlos Cruz at 1031 Rockledge Drive, South Middleton Township, Carlisl, PA 17013. The address was found to be vacant. 10/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Meta Cruz, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Meta Cruz, address is vacant, defendant did not leave a forwarding at the Post Office. 10/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Juan Carlos Cruz, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Juan Carlos Cruz, address is vacant, defendant did not leave a forwarding at the Post Office. 12/08/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00. He sold the same for the sum of $ 180,988.00 to Attorney Kimberly Bonner, on behalf of xxxxx. xxxxx, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $4,784.96 January 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF W. ®d Pd. a 00 Pt . -0 a ?d Dd _5"/ 31),P c. COu,tvS.xtP Sng......ff Ielecaoft Inc. SCHEDULE OF DISTRIBUTION Date Filed: 1/5/11 Writ No. 2009-64 Civil Term Indymac Federal Bank, F.S.B. Vs Meta Cruz Juan Carlos Cruz 1031 Rockledge Drive Carlisle, PA 17013 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney Wr December 8, 2010 Susquehanna Home Finance, LLC $ 180,988.00 $ 316,528.63 53,884.36 it Costs: 187.50 Total: $ 370,600.49 DISTRIBUTION: Receipts: Cash on Account (09/03/2010): $ 1,500.00 Cash on Account (12/08/2010): 18,098.00 Cash on Account (12/27/2010): 172,060.76 Total Receipts: $ 191,658.76 Disbursements: Sheriffs Costs $ 4,484.96 Legal Search 300.00 Transfer Tax State 2,625.50 Transfer Tax Local 2,625.50 Robert C. Cairns (South Middleton Tax Collector) 1,728.45 (This Amount Represents 2010 Spring Taxes x 3 for 2011 Spring Taxes) Attorney Daniel J. Mancini 1,500.00 Indymac Federal Bank, F.S.B. 178,394.35 Total Disbursements: Balance for distribution: So Answers: o y R. Anderson eriff ($ 191,658.76) 00.00 Daniel Mancini & Assotiates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancini lawfirm@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B PLAINTIFF CIVIL Division Case Number: 09-0064 CIVIL TERM VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) INDYMAC FEDERAL BANK, F.S.B., 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 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): Meta Cruz Juan Carlos Cruz 1031 Rockledge Drive Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Meta Cruz Juan Carlos Cruz 142 Villa Avenue Buffalo, NY 14216 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (PLAINTIFF IN THIS CASE) INDYMAC FEDERAL BANK F.S.B. 888 EAST WALNUT STREET, PASADENA, CA 91101 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca. Pa 15061 09-0064 CIVIL TERM RECORDED 4/8/2010 AMOUNT: $316,698.80 Name and address of the last recorded holder of every mortgage of record: NONE OTHER THAN PLAINTIFF IN THIS CASE 5. Name and address of every other person who has any record lien on the property: Domestic Relations Berks County Services Center, 6`h Floor 633 Court Street, Reading, PA 19601 #473001666 RECORDED 4/8/2010 AMOUNT: $1,513.98 #406107062 AMOUNT: $11,261.65 06-02 Domestic Relations 30 East Court Street Doylestown, PA 18901 #251100320 AMOUNT: $3,538.93 Domestic Relations York Co. Judicial Center 45 North George Street, Suite 2100, York, PA 17401 #478104578 AMOUNT: $502.25 Domestic Relations 126 S. Union Street, Easton, PA 18042 #859001197 AMOUNT: $13,765.17 #671109482 AMOUNT: $6,586.72 Domestic Relations Family Court Building 34 South 11`h Street, Philadelphia, PA 19107 #619005398 AMOUNT: $448.72 Domestic Relations 117 West Gay Street P.O. Box 2748 West Chester, PA 19380 #557107033 AMOUNT: $16,348.89 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: 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 Judy Campbell 6 Hope Drive Boiling Springs, PA 17007 Tax Parcel #40-23-0602-022 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 06-02 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 pen ties of 18 Pa. C.S. `4904 relating to unworn falsification to authorities. Dated this 10"' Day of August 2010 DanielX'Maneini, Esq. Attorney Bar No.: 39353 06-02 r Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfi rn?@attorneydanielmancini. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ DEFENDANTS Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE 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: December 8, 2010 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 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. ALL THAT CERTAIN lot of ground situated in the South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road No. 478, locally known as "The back road to Mt. Holly", which point is in the Southern line of other property of Kirby K. Burkholder; thence along the Southern line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center line of said Public Road; thence in the center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the Place of BEGINNING. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1031 ROCKLEDGE DRIVE CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 09-0064 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property META CRUZ AND JUAN CARLOS CRUZ - REAL OWNERS 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 a ched to the petition. If a specific return date is desired, such date must be obtained fro th wit)' Coun Court use before presentation to the Court. A 1 Daniel Mancini & Associates Daniel J. Mancini, Esq. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 mancinilawfir-m@attomeydanielmancini.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC FEDERAL BANK, F.S.B CIVIL Division PLAINTIFF VS META CRUZ AND JUAN CARLOS CRUZ Case Number: 09-0064 CIVIL TERM MORTGAGE FORECLOSURE DEFENDANTS LONG PROPERTY DESCRIPTION ALL THAT CERTAIN lot of ground situated in the South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road No. 478, locally known as "The back road to Mt. Holly", which point is in the Southern line of other property of Kirby K. Burkholder; thence along the Southern line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center line of said Public Road; thence in the center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the Place of BEGINNING. BEING the same premises which Kirby K. Burkholder, single man, and Joy G. Hooke, formerly Joy G. Burkholder, and William H. Hooke, Jr., her husband, Granted and conveyed by deed dated June 30, 1977 recorded in the Cumberland County Recorder of Deeds Office on June 30, 1977 in Deed Book 27, Volume G, Page 637, unto Thomas E. Frederick and Monica C. Frederick, husband and wife. DWELLING KNOWN AS 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. IDENTIFIED as TAX/PARCEL ID#: 40-23-0602-022 in the Deed Registry Office of Cumberland County, Pennsylvania. Being the same premises conveyed to Juan Carlos Cruz Meta Cruz, husband and wife, by Deed of Thomas E. Frederick and Monica C. Frederick, husband wife, ated 08/1/2006 an?recorded 08/24/2006 in Cumberland County Deed Book 276, page 1508 Danie1'J,W?ini, Esquire Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-64 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC FEDERAL BANK, F.S.B., Plaintiff (s) From META CRUZ and JUAN CARLOS CRUZ, 1031 Rockledge Drive, Carlisle, PA 17013 (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 $316,528.63 L.L.$.50 Interest from 3/1/08 to Date of Sale (based on contract rate of 8.125%) Atty's Comm % Due Prothy $2.00 Atty Paid $187.50 Other Costs Plaintiff Paid Date: 8/23/10 David D. Bue, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL J. MANCINI, ESQUIRE Address: DANIEL MANCINI & ASSOCIATES 2-1 A FAIRVIEW DIRVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 1031 Rockledge Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator , 41 _ The Patriot-News Co. 11h ? Datt" ?O 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1,929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This aid ran on the date(s) shown below: 10/15110 10/22/10 10129110 f _ Sworwlf a' d subscribed before me thik,,0 day offf ovpmber, 2010 A.D. Notary Public commoNWEAuril OF PENNSYLVANIA Notarial Saai Sherrie L Kilmer, Notary Public Lower Paxton 'rwp., Dauphin County My commission Expires Nov. 26, 2011 Member nernsviwinla Assoriatlor of Notari-.?r x-64 Cif Term IrrdY Feetrira? Sank RSB Vs Meta Cruz Juan Carlos Cruz Athr Daniel J. Mancinl ALL THAT CERTAIN lot of ground situated in the South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the . center of Township Road No. 478, locally known as ,The back road to Mt. Holly", which point is in the Southern line of other property of Kirby K. Burkholder; thence along the Southern line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center fine of said Public Road; thence in the center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the Place of BEGINNING. BEING the same premises which Kirby K Burkholder, single man, and Joy G. Hooke, formerly Joy G. Burkholder, and William H. Hooke, Jr., her husband, Granted and conveyed by deed dated June 30, 1977 recorded in the Cumberland County Recorder of Deeds t?f6ce on June 30, 1977 in Deed Book 27, Volume G, Page 637, unto Thomas E: Frederick and Monica C. Frederick, husband and wife. D W`E UjNGKNt)WNAS 1031 ROCKl,EDGE ".1E, CARU IDJE? PA 17013. 23-MC-022 in the ? Rcgi Offi 40- CumberlaW O xe of Ynia Being the same premixes conveyed to Juan irbs Gnu "d Meta Cruz, huebad and wife byl)edofThomasE.Frederickand C. Freaenek h0hsed and wife, dated OV1g? and recorded 08/242(%6 in Cumberland County Deed Book 276, page 1508. 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: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 5 da of November. 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-64 Civil of Thomas E. Frederick and Monica C. Frederick, husband and wife, Indymac Federal Bank FSB dated 08/18/2006 and recorded vs 08/24/2006 in Cumberland County Meta Cruz Deed Book 276, page 1508. Juan Carlos Cruz Atty.: Daniel J. Mancini ALL THAT CERTAIN lot of ground situated in the South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road No. 478, locally known as "The back road to Mt. Holly", which point is in the Southern line of other property of Kirby K. Burkholder; thence along the Southern line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center line of said Public Road; thence in the center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the Place of BEGIN- NING. BEING the same premises which Kirby K. Burkholder, single man, and Joy G. Hooke, formerly Joy G. Burkholder, and William H. Hooke, Jr., her husband, Granted and con- veyed by deed dated June 30, 1977 recorded in the Cumberland County Recorder of Deeds Office on June 30, 1977 in Deed Book 27, Volume G, Page 637, unto Thomas E. Frederick and Monica C. Frederick, husband and wife. DWELLING KNOWN AS 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. IDENTIFIED as TAX/PARCEL ID#: 40-23-0602-022 in the Deed Registry Office of Cumberland Coun- ty, Pennsylvania. Being the same premises con- veyed to Juan Carlos Cruz and Meta Cruz, husband and wife, by Deed 25 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2009-64 held December 8, 2010 EFFECTIVE DATE: December 8, 2010 PREMISES: 1031 Rockledge Drive, Carlisle, South Middleton Township, Cumberland County, Pennsylvania, Tax Parcel No. 40-23-0602-022 (the "Premises") RECITAL: Being the same premises which Thomas E. Frederick and Monica C. Frederick, husband and wife, by their deed dated August 18, 2006 and recorded August 24, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 276, Page 1508, granted and conveyed unto Juan Carlos Cruz and Meta Cruz, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Mortgage in the amount of $251,900.00 from Juan Carlos Cruz and Meta Cruz to Baltimore American Mortgage Corp. dated August 18, 2006 and recorded August 24, 2006 in Mortgage Book 1963, Page 1862, last assigned April 7, 2010 in Instrument No. 201008613 to Home Equity Mortgage Loan Series 2006-D. -2- 21. Judgment against Juan Carlos Cruz and Meta Cruz in the amount of $316,528.63 in favor of Indymac Federal Bank F S B entered April 8, 2010, docketed to No. 2009-64. 22. Subject to the legal operation and effect of the mortgage foreclosure action initiated at docket number 2009-64 by Indymac Federal Bank F S B ("Indymac"). Indymac, although a plaintiff in the mortgage foreclosure action, is the first assignee of the mortgage identified in number 20 above; however, the mortgage was subsequently assigned and the last assignee of record appears as Home Equity Mortgage Loan Series 2006-D. 23. Judgment in the nature of a municipal lien against Juan Carlos Cruz and Meta Cruz in the amount of $653.52 in favor of South Middleton Township Municipal Authority entered March 19, 2010 to No. 2010-1954. 24. Subject to the rights granted PPL in Misc. Book 92, Page 290. 25. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Township Road No. 478 and/or Rockledge Drive. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: j Keith O. Brenneman -3- Writ No. 2009-64 Civil Indymac Federal Bank FSB VS. Meta Cruz Juan Carlos Cruz Atty.: Daniel J. Mancini ALL THAT CERTAIN lot of ground situated in the South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Township Road No. 478, locally known as "The back road. to Mt. Holly", which point is in the Southern line of other property of Kirby K. Burkholder; thence along the Southern line of said property, South 72 degrees 40 minutes East, 250 feet to a point; thence South 17 degrees 20 minutes West, 130 feet to a point; thence North 72 degrees 40 minutes West, 250 feet to a point in the center line of said Public Road; thence in the center of said Public Road, North 17 degrees 20 minutes East, 130 feet to the Place of BEGIN- NING. BEING the same premises which Kirby K. Burkholder, single man, and Joy G. Hooke, formerly Joy G. Burkholder, and William H. Hooke, Jr., her husband, Granted and con- veyed by deed dated June 30, 1977 recorded in the Cumberland County Recorder of Deeds Office on June 30, 1977 in Deed Book 27, Volume G, Page 637, unto Thomas E. Frederick and Monica C. Frederick, husband and wife. DWELLING KNOWN AS 1031 ROCKLEDGE DRIVE, CARLISLE, PA 17013. IDENTIFIED as TAX/PARCEL ID#: 40-23-0602-022 in the Deed Registry Office of Cumberland Coun- ty, Pennsylvania. Being the same premises con- veyed to Juan Carlos Cruz and Meta Cruz, husband and wife, by Deed of Thomas E. Frederick and Monica C. Frederick, husband and wife, dated 08/18/2006 and recorded 08/24/2006 in Cumberland County Deed Book 276, page 1508. EXHIBIT A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Susquehanna Home Finance LLC is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 23rd day of Au st, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 64, at the suit of Indymac Federal Bk FSB against Meta & Juan Crlos Cruz is duly recorded as Instrument Number 201103305. IN TESTIMONY WHEREOF, I have her to set my hand and yal of said office this day of A.D..7 0 /Z of Deeds eawkf