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HomeMy WebLinkAbout09-0504 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 194730 FIRST MORTGAGE STRATEGIES GROUP, INC 1052 BROOKFIELD ROAD MEMPHIS, TN 38119 Plaintiff V. JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. 110 COLD SPRINGS RD CARLISLE, PA 17015-9111 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 - So?f &J CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 194730 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 (717) 249-3166 File #: 194730 I 1. Plaintiff is FIRST MORTGAGE STRATEGIES GROUP, INC. 1052 BROOKFIELD ROAD MEMPHIS, TN 38119 2. The name(s) and last known address(es) of the Defendant(s) are: JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. 110 COLD SPRINGS RD CARLISLE, PA 17015-9111 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/13/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SIGNAL BANK NATIONAL ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1513, Page 913. By Assignment of Mortgage recorded 04/05/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 707, Page 1086. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/13/2008 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. File #: 194730 6. The following amounts are due on the mortgage: Principal Balance $51,102.15 Interest $3,562.65 02/13/2008 through 01/28/2009 (Per Diem $10.15) Attorney's Fees $1,300.00 Cumulative Late Charges $15.00 01/13/1999 to 01/28/2009 Property Inspections $24.00 Cost of Suit and Title Search 750.00 Subtotal $56,753.80 Escrow Credit ($437.17) Deficit $0.00 Subtotal 437.17 TOTAL $56,316.63 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 194730 { r 1 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $56,316.63, together with interest from 01/28/2009 at the rate of $10.15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire ?francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 194730 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situate in the Township of Dickinson, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with survey made by John R. Williams, Professional Land Surveyor, a draft of which dated August 18, 1997, is attached hereto and incorporated herein by reference, as follows: Beginning at a set steel pin on the eastern line of 33 feet wide Township Road T-356 known as Cold Spring Road at corner of land now or formerly of Harold R. Rice; thence from said set steel pin at the place of beginning along said eastern line of 33 feet wide Cold Spring Road, South 23 degrees 26 minutes 40 seconds West a distance of 100.00 feet to a steel pin in concrete; thence crossing said Cold Spring Road and continuing along line of land formerly of Luther Nogle and now or formerly of Ray A. Bear, North 63 degrees 50 minutes 00 seconds West a distance of 316.75 feet to a three (3) feet high pipe in line of other land of Ray A. Bear; thence along line of said other land of Ray A. Bear which was formerly of Earl Raudabaugh and later of George Bear, North 18 degrees 34 minutes 00 seconds East a distance of 89.70 feet to a three feet high pipe at corner common to said land of George Bear and land of John C. Walters and land now of Harold R. Rice; thence along line of said land now of Harold R. Rice which was formerly of James G. Heiser, South 65 degrees 46 minutes 27 seconds East a distance of 324.05 feet, crossing said Cold Spring Road at a set steel pin at the place of beginning. The above described lot of ground has thereon erected a one-story dwelling house and has a mailing address of 110 Cold Spring Road, Carlisle, Pennsylvania 17013. Parcel #: 08-32-2326-015 Being the same premises which M. Corinne Otto, Executrix of the Last Will and Testament of Mary A. Myers, deceased, and joined by Dean W. Otto and Martha J. Otto, husband and wife, and joined by M. Corrine Otto, in her individual capacity, and David H. Myers, Jr., and Pearl I. Gitt, by Deed dated January 13, 1999, and recorded January 19, 1999, in Book 192, page 1017, as Instrument No. 1999-001765, granted and conveyed unto Jamie L. Bollinger, in fee. File #: 194730 f 6 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.RC.P. 1024 (c), a nd 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 unworn falsifications to authorities. Attorney for Plaintiff DATE: 2 Q v Cl\ t a ? W ? ` 4 (m SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00504 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST MORTGAGE STRATEGIES GROU VS BOLLINGER JAMIE L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RESURGENT CAPITAL SERVICES LP but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 110 COLD SPRINGS ROAD NOT FOUND , as to RESURGENT CAPITAL SERVICES LP CARLISLE, PA 17015 RESURGENT CAPITAL SERVICES IS NOT IN BUSINESS AT THIS ADDRESS AND RESIDENT IS NOT AFFILIATED WITH THE BUSINESS IN ANY WAY. ,r- Sheriff's Costs: So answers- Docketing 6.00 ? / Service .00 Affidavit .00 Thomas Kline Surcharge 10.00 $he ff of Cumberland County Not Found 5.00 i 21.00 PHELAN HALLINAN & SCHMIEG 02/05/2009 Sworn and Subscribed to before me this day of , A. D. a c rs LL-1 Ll- 4 ?-- = LU CO Lt- c., C3 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST MORTGAGE STRATEGIES GROU VS BOLLINGER JAMIE L ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT PnRR BOLLINGER JAMIE L DEFENDANT , at 0020:57 HOURS, on the at 110 COLD SPRINGS ROAD CARLISLE, PA 17015 was served upon the 3rd day of February 2009 by handing to JAMIE BOLLINGER DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 6.30 .00 10.00 R. Thomas Kline .00 34.30 02/05/2009 PHELAN HALLIN S MIEG By. day eputy Sheriff of A. D. ?? U y L Q Lf"? r LA.1 ii W mac' N - AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FIRST MORTGAGE STRATEGIES GROUP, INC. PITS # 194730 DEFENDANT SERVICE TEAM/ sam JAMIE L. BOLLINGER COURT TERM: RESURGENT CAPITAL SERVICES, L.P. COURT NO.: 09-504-CML SERVE RESURGENT CAPITAL TYPE OF ACTION SERVICES, L.P. AT: XX Mortgage Foreclosure 15 SOUTH MAIN STREET XX Civil Action 6TH FLOOR GREENVILLE, SC 29601 SERVED Served and made known to , Defendant on the3d day of J Ck , 200 P-1, at 3 3do'clock ?. M., at 15 Saab, Main ,% GreenVl JU ?in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). v, Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, ,-IWY- SjaMtdt, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _5!?2 day o_, 200. Notary 4ttBy: tl??. Z?t LS On the day of because: NOT SERVED 200, at o'clock M., Defendant NOT FOUND _ Vacant _ Bad Address No Answer Service Refused Other: Sworn to and subscribed oefore me this day By: Notary: - Moved _ Does Not Reside (Not Vacant) V ,r One Penn Center at Suburban Station 1617 Jobs F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1812 (215) 563-7000 ra C ev p.. gy ? ?? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST MORTGAGE STRATEGIES GROUP, INC. VS. JAMIE L. BOLLINGER 110 COLD SPRINGS RD CARLISLE, PA 17015-9111 RESURGENT CAPITAL SERVICES, L.P. 15 SOUTH MAIN STREET 6TH FLOOR GREENVILLE, SC 29601 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-504-CIVIL 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 JAMIE L. BOLLINGER, and RESURGENT CAPITAL SERVICES, L.P., Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 01/29/2009 to 04/06/2009 TOTAL I hereby certify that (1) the addresses of the Defen that notice has been given in accordance with Rule 237.1, $56,316.63 690.20 $57,006.83 Sant as shoes above, and (2) co ( atta hed. , l// ?/' Daniel G. Schmieg, Es ui Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1 Ltl)C PHS # 194730 / -1. 17/, t, & Z! ? ? a />Ir" ? - "?/ PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST MORTGAGE STRATEGIES GROUP, INC. VS. JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-504-CIVIL 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMIE L. BOLLINGER is over 18 years of age and resides at 110 COLD SPRINGS RD, CARLISLE, PA 17015-9111. (c) that defendant RESURGENT CAPITAL SERVICES, L.P. is over 18 years of age and resides at 15 SOUTH MAIN STREET, 6TH FLOOR, GREENVILLE, SC 29601. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, E Attorney for Plaintiff 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 FIRST MORTGAGE STRATEGIES GROUP, INC. Plaintiff v JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. Defendant(s) TO: JAMIE L. BOLLINGER 110 COLD SPRINGS ROAD CARLISLE, PA 17015-9111 DATE OF NOTICE: March 24, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-504-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 SEAN MCDONNELL Legal Assistant PHS # 194730 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) 561-7000 FIRST MORTGAGE STRATEGIES GROUP, INC Plaintiff V. JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. Defendant(s) TO: RESURGENT CAPITAL SERVICES, L.P. 15 SOUTH MAIN STREET, 6T" FLOOR GREENVILLE, SC 29601 DATE OF NOTICE: March 24, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-504-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 /L - C SEAN MCDONNELL Legal Assistant PHS # 194730 FILED-OFFICE OF IME FR^THCfl0TARY 1009 APP -9 PM E: 35 FFzN SYLifAN A Del pitl ao 1?j wf l q35 V8 0 of a,? 3 s?N obtl-d ffi?'4 (Rule of Civil Procedure No. 236) - Revised FIRST MORTGAGE STRATEGIES GROUP, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. JAMIE L. BOLLINGER 110 COLD SPRINGS RD CARLISLE, PA 17015-9111 : CIVIL DIVISION : No. 09-504-CIVIL RESURGENT CAPITAL SERVICES, L.P. 15 SOUTH MAIN STREET, 6TH FLOOR GREENVILLE, SC 29601 Notice is given that a Judgment in the above captioned matter has been entered against you on q ly LM By: -- /1 A If you have any questions concerning this D, iel G. Schmieg sq re Attorney or Party 1617 JFK Boulev d uite 1400 One Penn Center Plaza 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 FIRST MORTGAGE STRATEGIES GROUP, INC. Plaintiff, V. No. 09-504-CIVIL JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $57,006.83 Interest from 04/07/2009 - 09/02/2009 $1,396.13 (per diem -$9.37 ) TOTAL Note: Please attach description of property. $58,402.96 DANIEL ESQUIRE ne enn Center at Subur Station 1617 John F. Keane y evard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. 194730 co 3 U - :F. G? `x- 7? ?3 a? q? ? ? - a. ? p o0 00 0 d a a, Od ? x ? ? cw7 a po ? wv ?U O w? o% H o wQ U a o N ?a ?w a? ?p vq? a? ?w a rIn o. 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 FIRST MORTGAGE STRATEGIES GROUP, INC. Plaintiff, V. JAMIE L. BOLLINGER . RESURGENT CAPITAL SERVICES, L.P. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-504-CIVIL 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 unworn falsification to authorities. 2V1I9 '1,'4Y .o ff #=d?'I 1r : 53 -,; .,3, FIRST MORTGAGE STRATEGIES GROUP, INC. Plaintiff, V. JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-504-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST MORTGAGE STRATEGIES GROUP, INC. , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 110 COLD SPRINGS RD, CARLISLE, PA 17015-9111. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) RESURGENT CAPITAL SERVICES, L.P. 15 S. MAIN STREET; 6TH FLOOR GREENVILLE, SC 29601 2. Name and address of Defendant(s) in the judgment: JAMIE L. BOLLINGER 110 COLD SPRINGS RD CARLISLE, PA 17015-9111 RESURGENT CAPITAL SERVICES, L.P. 15 S. MAIN STREET; 6' FLOOR GREENVILLE, SC 29601 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) RESURGENT CAPITAL SERVICES, L.P. RESURGENT CAPITAL SERVICES, L.P. CIO STEVEN K. EISENBERG, ESQUIRE 15 SOUTH MAIN STREET; 7TH FLOOR GREENVILLE, SC 29601 261 OLD YORK ROAD JENKINTOWN, PA 19046 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) RESURGENT CAPITAL SERVICES, L.P. 15 SOUTH MAIN STREET; SUITE 700 GREENVILLE, SC 29601 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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 Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 110 COLD SPRINGS RD CARLISLE, PA 17015-9111 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 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?uuuwo;&L4sjfication to authorities. May 22, 2009 DATE , ESQUIRE for Plaintiff FILED--C w t ?:0 9 L'i E 20' Aj I I jOl r? e i1% FIRST MORTGAGE STRATEGIES GROUP, INC. Plaintiff, V. JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. Defendant(s). TO: JAMIE L. BOLLINGER 110 COLD SPRINGS RD CARLISLE, PA 17015-9111 May 22, 2009 CUMBERLAND COUNTY No. 09-504-CIVIL RESURGENT CAPITAL SERVICES, L.P. 15 S. MAIN STREET; 6?m FLOOR GREENVILLE, SC 29601 **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, THISIS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 110 COLD SPRINGS RD. CARLISLE, PA 17015-9111, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2.2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $57,006.83 obtained by FIRST MORTGAGE STRATEGIES GROUP. INC. (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. 1 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 alter 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-504-CIVIL FIRST MORTGAGE STRATEGIES GROUP, INC. vs. JAMIE L. BOLLINGER and RESURGENT CAPITAL SERVICES, L.P. owner(s) of property situate in the TOWNSHIP OF DICKINSON, Cumberland County, Pennsylvania, being (Municipality) 110 COLD SPRINGS RD CARLISLE PA 17015-9111 Parcel No. 08-32-2326-015 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire f LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situate in the Township of Dickinson, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with survey made by John R. Williams, Professional Land Surveyor, a draft of which dated August 18, 1997, is attached hereto and incorporated herein by reference, as follows: Beginning at a set steel pin on the eastern line of 33 feet wide Township Road T-356 known as Cold Spring Road at corner of land now or formerly of Harold R. Rice; thence from said set steel pin at the place of beginning along said eastern line of 33 feet wide Cold Spring Road, South 23 degrees 26 minutes 40 seconds West a distance of 100.00 feet to a steel pin in concrete; thence crossing said Cold Spring Road and continuing along line of land formerly of Luther Nogle and now or formerly of Ray A. Bear, North 63 degrees 50 minutes 00 seconds West a distance of 316.75 feet to a three (3) feet high pipe in line of other land of Ray A. Bear, thence along line of said other land of Ray A. Bear which was formerly of Earl Raudabaugh and later of George Bear, North 18 degrees 34 minutes 00 seconds East a distance of 89.70 feet to a three feet high pipe at comer common to said land of George Bear and land of John C. Walters and land now of Harold R. Rice; thence along line of said land now of Harold R. Rice which was formerly of James G. Heiser, South 65 degrees 46 minutes 27 seconds East a distance of 324.05 feet, crossing said Cold Spring Road at a set steel pin at the place of beginning. The above described lot of ground has thereon erected a one-story dwelling house and has a mailing address of 110 Cold Spring Road, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Resurgent Capital Services, L.P., by Deed from R. Thomas Kline, Sheriff of the County of Cumberland, dated 04/11/2007, recorded 04/12/2007 in Book 279, Page 2779. NOTE: Corrective Deed PREMISES BEING: 110 COLD SPRINGS RD, CARLISLE, PA 17015-9111 PARCEL NO. 08-32-2326-015 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-504 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST MORTGAGE STRATEGIES GROUP, INC., Plaintiff (s) From JAMIE L. BOLLINGER and RESURGENT CAPITAL SERVICES, LP (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 $57,006.83 L.L. $.50 Interest from 4/07/09 - 9/02/09 (per diem - $9.37) - $1,396.13 Atty's Comm % Due Prothy $2.00 Atty Paid $174.30 Plaintiff Paid Date: 5/26/09 Other Costs urtis R. , 4thotary (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 4EVIDANIT OF SFQ?"K F GRCWP. INC_ DEFENDANT(S) JAMIE L. BOLLINGER RESURGENT CAPITAL SERVICES, L.P. SERVE RESURGENT CAPITAL SERVICES, L.P. AT: 155 MAIN STREET; 6'H FLOOR GREENVILLE, SC 29601 Y NUN a- 911-504-C F1* IL phs? 9? 30• Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 2, 2009 SERVED Served and made known to . vv,494, Defendant, on the _ 2C1 day of 2008, at ` _ P.m., at !S S'. /4c-A; .st y l,E fjov>- (Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Arent or on in charge of Defendant(s)'s office or usual place of business. an officer of said De_ fenrd_ ant_ (s)>,c? om.p. an_ y, . Other: Met, Ire- Description: Age, yI- I?,0//-- Height4) 1 '? Weight 12e Race 1Sex_f? Other I, _Ctu.r CLkx- f?, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and cR9P21"pyj9,f the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date 9p*at;thb,r pdicated above. Sworn to and subsc e 1 before me this Z bd ' •r,f''? t A a, of _Agg_, 200 ? _ • •• Notary: , r: ;13y: 1 ?,. ti PLEASE ATTEMi ' S)1:$? ?4'i?.lE'EAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE `14: rt 4 t Vt `" ATTEMPTED. NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200- Notary.- Vacant 2°d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fl "- ? tCE OF THE l ?r / 1009 juN -9 AM 9: 4 7 CUMa ?: PEN+'S Cv,,4Got )'W