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Home My WebLink About09-1426V r 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 "me McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fiiakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 198713 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. SCOTT E. FAIR LINDA L. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 61110 NO. 91- //a" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 198713 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 #: 198713 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT E. FAIR LINDA L. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/06/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR NEW CENTURY MORTGAGE CORPORATION. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1970, Page 1961. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 198713 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $160,927.11 Interest $6,447.48 10/01/2008 through 03/05/2009 (Per Diem $41.33) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 10/06/2006 to 03/05/2009 Cost of Suit and Title Search 750.00 Subtotal $169,424.59 Escrow Credit ($132.48) Deficit $0.00 Subtotal 132.48 TOTAL $169,292.11 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 198713 8. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 198713 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $169,292.11, together with interest from 03/05/2009 at the rate of $41.33 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 y By. 90/3 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 Jenine 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 #: 198713 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land sitate in thee Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being more fully described as follows: BEGINNING at a point located on the northern right-of-way line of Shady Lane at the dividing line between Lot No. 72 and Lot No. 71, herein described, thence by the northern right- of-way line of Shady Lane, by a curve to the left having a radius of 325.00 feet an arc distance of 74.29 feet to a point at the dividing line between Lot No. 70 and 71, herein described. Thence by said dividing line, North 07 degrees 57 minutes 11 seconds West a distance of 101.65 feet to a point at Residual Lands of Michael Manning & Associates. Thence by the same, North 88 degrees 19 minutes 31 seconds East, a distance of 97.36 feet to a point at the dividing line between Lot No. 72 and Lot No. 71, herein described. Thence by said dividing line, South 05 degrees 08 minutes 36 seconds West a distance of 102.11 feet to a point, th place of BEGINNING. BEING Lot No. 71, containing 8,573 square feet, as shown on Final Subdivision Plan of Pine Ridge Estates, Phase 1, recorded in Plan Book 61, Page 137, and being subject to all easements of record. PART OF BEING THE SAME PREMISES WHICH The Most Reverend Nicholas Dattilo, Bishop of the Roman Catholic Diocese of Harrisburg, as Trustee for the Roman Catholic Congregation of Our Lady of Lourdes Church, Enola, PA, by Deed dated November 20, 1990 and recorded in Cumberland County Deed Book W, Volume 34, Page 724, granted and conveyed unto Michael Manning and Associates, a Pennsylvania General Partnership. PREMISES BEING: 609 WEST SHADY LANE PARCEL NUMBER NUMBER: 09-13-1000-046 File #: 198713 w VEMCATION I hereby std that "M the att . y for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be the time allowed for the Obtained within filing of the pleading, that I am authorized to make this Verification Pumtant to P&kC P. 1024 (c), and that the staterneats made in the foregoing Civil Action in Mortgage Foreclosure are based p.n informatiu Pirtintiffand n applied by the are true and correct to -the best of my knowledge, information and belief F?ermore, cowl intends to substitute a verification from P - ?ffupon t. The undersigned us that h ? t is made ?p of I8 Pa.C.S. Sec 4904 subject to the paWtes retabag to unswora falstficadoos to authorities. ttotney for Pla;atiff ?o?3y DATE: ;C C rv a w p ?`I NIN v Q ^£ Sheriffs Office of Cumberland County R Thomas Kline Bi Cambrr4 Edward L Schorpp Sheriff' Solicitor Ronny R Anderson ' Jody S Smith Chief Deputy oFFtCE Or THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/13/2009 06:28 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2009 at 1828 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scott E. Fair by making known unto Scott E. Fair personally, at 609 W. Shady Land, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/13/2009 06:28 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2009 at 1828 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linda L. Fair by making known unto Scott E. Fair, husband of defendant, at 609 W. Shady Lane, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 (PAID) March 17, 2009 SO ANSWERS, f„ Docket N0. 2009-1426 u. s. Bank National v Scott E. Fair R THOMAS KLINE, SHERIFF kill a CO ? CL? PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 Plaintiff VS. SCOTT E. FAIR LINDA L. FAIR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1426-CIVIL : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Francis S. Hallinan, Esquire Date: 4/9/09 PHS #: 198713 VERIFICATION Chkm *AM hereby states that he/she is Vice President Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff, WELLS FARGO FINANCIAL PENNSYLVANIA, INC., in this matter, that he/she is authorized to take this Verification; and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to a ties. Name: DATE: 9 Title: Vice President Loan Documentation Company: AMERICA'S SERVICING COMPANY Loan:1134033401 File #: 198713 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 Plaintiff VS. SCOTT E. FAIR LINDA L. FAIR Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1426-CIVIL : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: SCOTT E. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 LINDA L. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 Date: 4/9/09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By:% ?- Francis S. Hallinan, Esquire FI?.ED-?,?e ?G OF THE PR',", HONOTAPY 2009 APR 14 AM 10'51 P& ` i •wSlDv`"r' NA . ., 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 VS. SCOTT E. FAIR LINDA L. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1426-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 SCOTT E. FAIR, and LINDA L. FAIR, 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 $169,292.11 Interest - 03/06/2009 to 04/15/2009 $1,694.53 TOTAL $170,986.64 as shown bo , d (2) I hereby certify that (1) the addresses of the Defendr,hed. that notice has been given in accordance with Rule 237.1, cDaniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 199713 PRO PROTHY 7 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 VS. SCOTT E. FAIR LINDA L. FAIR Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1426-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 SCOTT E. FAIR is over 18 years of age and resides at 609 WEST SHADY LANE, ENOLA, PA 17025-2054. (c) that defendant LINDA L. FAIR is over 18 years of age and resides at 609 WEST SHADY LANE, ENOLA, PA 17025-2054. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,/ Daniel G. Schmieg, E Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 VS. SCOTT E. FAIR LINDA L. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1426-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on Q +t& ;. a-- . ?f By. it' If you have any questions concerning this tte please o c * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Daniel G. Schmieg, Esqui e Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR CITIGROUP MORTGAGE LOAN CIVIL DIVISON TRUST 2006-HE3 NO. 09-1426-CIVIL, Plaintiff V. CUMBERLAND COUNTY SCOTT E. FAIR LINDA L. FAIR Defendant(s) TO: SCOTT E. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 DATE OF NOTICE: April 3, 2009 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 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 i-A SEAN MCDONNELL Legal Assistant PHS # 198713 • v 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) S63-7000 U.S. BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR CITIGROUP MORTGAGE LOAN CIVIL DIVISON TRUST 2006-HE3 NO. 09-1426-CIVIL Plaintiff V. CUMBERLAND COUNTY SCOTT E. FAIR LINDA L. FAIR Defendant(s) TO: LINDA L. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 DATE OF NOTICE: April 3, 2009 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 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 _? Lx 0 yLff SEAN MCDONNELL Legal Assistant PHS # 198713 FILED?C'Fll-- ICE OE 7HE P} 10lA : i 2009 APP 22 U-1 3 3 C,t s 1q• -7 J s'? ? ?y aye a I( a #dtGS /w e PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CTTIGROUP MORTGAGE LOAN TRUST 2006-HE3 Plaintiff, No. 09-X1426-CIVIL V. SCOTT E. FAIR LINDA L. FAIR Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $170,986.64 Interest from 04/16/2009 TO 09/02/2009 $3,935.40 (per diem -$28.11) TOTAL $174,922.04 Un-e Penn nter at Suburban tation 1617 John evard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property'is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 198713 Q LP._ G 4 ? s 44.?. . ? to 7 C` cs •r w' ?Y n z pa.,?z en ? OW a+ Oa rA y: r/IOe°? 0 H 0 -, ov zoo Od U? r?0 ?Wa W H H rj) a U CA ? H a ?L i r s ww wa HHd OU? ?a 0 p W q w? O; H ? o w o a? V a V 8vi 9 ? 00 V6 d le U3 In N N O r 9-4 d a d a 0 z w 0 45 d a 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 Plaintiff, V. SCOTT E. FAIR LINDA L. FAIR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1426-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. WSCF1MIEG, ESQUIRE or Plaintiff ()F TH :: , . ,TAY ? 1 j.^ 1 n { 4 _j .? U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN CUMBERLAND COUNTY TRUST 2006-HE3 Plaintiff, V. SCOTT E. FAIR LINDA L. FAIR Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1426-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3, 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 609 WEST SHADY LANE, ENOLA, PA 17025- 2054. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) SCOTT E. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 LINDA L. FAIR 609 WEST SHADY LANE- ENOLA, PA 17025-2054 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Monogram Home Equity Corporation 609 Hamilton Mall, Suite 5B Allentown, PA 18101 .. Mers as a Nominee for New Century PO Box 2026 Mortgage Corporation Flint, MI 48501-2026 New Century Mortgage Corporation 18400 Von Karman, Suite 1000 Irvine, CA 92612 MERS 3300 SW 34th Street, Suite 101 Ocala, Fl 34474 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 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 609 WEST SHADY LANE ENOLA, PA 17025-2054 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 Mers as a Nomimee for Cenlar FSB PO Box 2026 Flint, MI 48501-2026 Cenlar FSB 425 Phillips Boulevard Ewing, NJ 08618-1430 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 unworn falsification to authorities. May 22, 2009 DATE Alb LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land sitate in thee Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being more fully described as follows: BEGINNING at a point located on the northern right-of-way line of Shady Lane at the dividing line between Lot No. 72 and Lot No. 71, herein described, thence by the northern right-of-way line of Shady Lane, by a curve to the left having a radius of 325.00 feet an arc distance of 74.29 feet to a point at the dividing line between Lot No. 70 and 71, herein described. Thence by said dividing line, North 07 degrees 57 minutes 11 seconds West a distance of 101.65 feet to a point at Residual Lands of Michael Manning & Associates. Thence by the same, North 88 degrees 19 minutes 31 seconds East, a distance of 97.36 feet to a point at the dividing line between Lot No. 72 and Lot No. 71, herein described. Thence by said dividing line, South 05 degrees 08 minutes 36 seconds West a distance of 102.11 feet to a point, th place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Scott E. Fair and Linda L. Fair, his wife, by Deed from Michael Manning and Associates, a Pennsylvania general partnership, consisting of Michael C. Manning and James W. D'Angelo, dated 04/09/1993, recorded 04/14/1993 in Book F 36, Page 635. PREMISES BEING: 609 WEST SHADY LANE, ENOLA, PA 17025-2054 PARCEL NO. 09-13-1000-046 AV* SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1426-CIVIL U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 vs. SCOTT E. FAIR and LINDA L. FAIR owner(s) of property situate in the, Cumberland County, Pennsylvania, being (Municipality) 609 WEST SHADY LANE ENOLA PA 17025-2054 Parcel No. 09-13-1000-046 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire RLED- Ofi r?^F 20119 1`i,`i Y 26 00 lrla Airy w U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 Plaintiff, V. SCOTT E. FAIR LINDA L. FAIR Defendant(s). CUMBERLAND COUNTY No. 09-1426-CIVIL May 22, 2009 TO: SCOTT E. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 LINDA L. FAIR 609 WEST SHADY LANE ENOLA, PA 17025-2054 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 609 WEST SHADY LANE. ENOLA. PA 17025-2054, is scheduled to be sold at the Sheriffs 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 $170.986.64 obtained by U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. -ft You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land sitate in thee Township of East Penusboro, County of Cumberland, Commonwealth of Pennsylvania, being more fully described as follows: BEGINNING at a point located on the northern right-of-way line of Shady Lane at the dividing line between Lot No. 72 and Lot No. 71, herein described, thence by the northern right-of-way line of Shady Lane, by a curve to the left having a radius of 325.00 feet an arc distance of 74.29 feet to a point at the dividing line between Lot No. 70 and 71, herein described. Thence by said dividing line, North 07 degrees 57 minutes 11 seconds West a distance of 101.65 feet to a point at Residual Lands of Michael Manning & Associates. Thence by the same, North 88 degrees 19 minutes 31 seconds East, a distance of 97.36 feet to a point at the dividing line between Lot No. 72 and Lot No. 71, herein described. Thence by said dividing line, South 05 degrees 08 minutes 36 seconds West a distance of 102.11 feet to a point, th place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Scott E. Fair and Linda L. Fair, his wife, by Deed from Michael Manning and Associates, a Pennsylvania general partnership, consisting of Michael C. Manning and James W. D' Angelo, dated 04109/1993, recorded 04/14/1993 in Book F 36, Page 635. PREMISES BEING: 609 WEST SHADY LANE, ENOLA, PA 17025-2054 PARCEL NO. 09-13-1000-046 f SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1426-CIVIL U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 vs. SCOTT E. FAIR and LINDA L. FAIR owner(s) of property situate in the, Cumberland County, Pennsylvania, being (Municipality) 609 WEST SHADY LANE ENOLA PA 17025-2054 Parcel No. 09-13-1000-046 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1426 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee for CITIGROUP MORTGAGE LOAN TRUST 2006-1-]EE3, Plaintiff (s) From SCOTT E. FAIR and LINDA L. FAIR (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 $170,986.64 L.L. $.50 Interest from 4/16/09 to 9/02/09 (per diem - $28.11) -- $3,935.40 Atty's Comm % Due Prothy $2.00 Atty Paid $176.50 Other Costs Plaintiff Paid Date: 5/26/09 Curtis R. Long, Prothonotary (Seal) -P. i GG Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE No. 09-1426-CIVIL LOAN TRUST 2006-HE3 phs. #198713 SCOTT E. FAIR LINDA L. FAIR SERVE SCOTT E. FAIR AT: 609 WEST SHADY LANE ENOLA, PA 17025-2054 SERVED Type of Action . - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 Served and made known to SCo?T E. TFA-I R , Defendant, on the (ST day of at 3:40 , o'clock P.m., at 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). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. N N i` 200? Commonwealth Other: Description: Age Height 5Y Weight (56 Race bU Sex AA Other I, a"LD /V? L L a competent adult, being duly sworn according to law, depose and state tha? I personally handed a true and correct copy of the Notice of Sheriff's Sale 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 IC ??'aFRLY CURTY before me this Is, day (' --CRY PUBLIC of (u n 200' y;:G E 7 No ar 7,20 o ExPit Cc- g PLEA M SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I 1st Attempt: Time: 2"d Attempt: Time:_: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200-. One Penn Center at Suburban Station, uite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 I `r 3y F1LFD-0-T aE OF THE pP ,, ,'NOTARY M9 JUN 16 AM 10* o 0 Cl?tJiE?,- "V PEN%:',tit ,NIA. AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 DEFENDANT(S) SCOTT E. FAIR LINDA L. FAIR SERVE LINDA L FAIR AT: 609 WEST SHADY LANE ENOLA, PA 17025-2054 CUMBERLAND COUNTY No. 09-1426-CPAL phs: #198713 Type of Action - Notice of Sheriff's Salel Sale Date: SEPTEMBER 2, 2009 }- SERVED Served and made known to L / N A4 L • P41 R Defendant, on the 5T day of ,200? at 3: q , o'clock P.m., at 6 6 W FST SA0,1 U-N t< , N6 L q , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. V 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 relationshil Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _5 Height 5Y Weight _L520- Race VV Sex 11A Other ljd& C4_ a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale 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 1'"""7: !7RLY CURTY before DD?? this 15t day t:L IARY PUB of 1 200 -T`•+"L CF NE J S No Com-n: Expires c 11" 1.3 01 4 PLE EM SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICEI ATTEMPTED. NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND beca se: Moved Unknown No Answer Vacant 1" Attempt: Time: 2"d AttemPt/ / Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 6220 of 200. One Penn Center at Suburban Station, Suite 140 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 uwa D 6 1 ?3I" FILE --&FICE CF TH{: pF?- lar NnTARY 2009 JUN 16 AM :"- 00 FEP• iN'& LVAN"? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-HE3 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. No. 09-1426-CIVIL SCOTT E. FAIlt LINDA L. FAIR Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 381'n and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attac~d hereto Exhibit "A". Date: ~ ~ U L ence T. Phelan, Es , Id. No. 32227 ^ F is S. Hallinan, Esq Id. No. 62695 ^ Daniel G. Schmieg, Esq Id. No. 62205 ^ Michele M. Bradford, E ., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter 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 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 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. PHS # 198713 ,`i~"`'' ~ ~' Q +L Z ~~ 'V~J`l.....~ `;f'. ~ O ~ ~ 00 J O~ tr J~ W N w z CA O ~~ ~~ n A ° Cam] s~ ~ H~ ~~ a~ R ~ z ~ CJ vro n ~ ~ w S~ O So°'° ~ ~g~' °~'~o. =g~ ~' ~ °o Vi N .~' "O+f O .01. N 'w O O ~ C ~ 00v N ~`~'iQ ^ w 9 `moo" Q~ (may. M Q O f f Q ~N~~~ ~ ~~ ~ g~~ 9 ~ ~ ~y n' n q ~ X ,y Vim. ~ V- P. 6 SLpn ~ A ~. ~. ~ o. ~~~~~ ~. ~ a a~. ~n~~ 'O 7 a o' ~ c. ~. wyO~ ~. g~~. 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