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HomeMy WebLinkAbout09-1671Phelan 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 ,./Feter 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 199307 WACHOVIA BANK N.A. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 Plaintiff V. REGI J. SAM 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09-16gj CCUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 199307 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 #: 199307 1. Plaintiff is WACHOVIA BANK N.A. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 2. The name(s) and last known address(es) of the Defendant(s) are: REGI J. SAM 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/27/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR LEHMAN BROTHERS BANK, FSB, A FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1905, Page 4646. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2008 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. File #: 199307 6. The following amounts are due on the mortgage: Principal Balance $242,693.65 Interest $12,488.70 06/01/2008 through 03/12/2009 (Per Diem $43.82) Attorney's Fees $1,300.00 Cumulative Late Charges $398.20 04/27/2005 to 03/12/2009 Cost of Suit and Title Search 750.00 Subtotal $257,630.55 Escrow Credit ($11.05) Deficit $0.00 Subtotal 11.05 TOTAL $257,619.50 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. 8. 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 #: 199307 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 $257,619.50, together with interest from 03/12/2009 at the rate of $43.82 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: i? (0-74 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 #: 199307 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN: ACCORDANCE WITH A FINAL SUBDIVISION, PHASE II, MISTY MEADOWS, DATED January 24, 2003, LAST REVISED April 16, 2003, PREPARED BY ADVANTAGE ENGINEER SERVICES, INC. AND RECORDED July 8, 2003 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, IN Plan BOOK 87, PAGE 65, AS FOLLOWS TO WIT: BEGINNING AT A POINT ALONG THE Northern RIGHT OF WAY OF 50 FOOT WIDE East CREAMERY Road ALONG Lot NO. 18, North 87 DEGREES IS MINUTES 49 SECONDS West 124.00 FEET TO A POINT; THENCE ALONG THE SAME UNNAMED Street, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11.00 FEET A DISTANCE OF 17.28 FEET; THENCE ALONG DIVIDING LINE BETWEEN Lot NO. 18 AND AN UNNAMED Street, South 02 DEGREES 41 MINUTES 11 SECONDS West 100.34 FEET TO A POINT; THENCE ALONG LANDS NOW OR FORMERLY OF MICHAEL P. AND CYNTHIA GARDNER, South 87 DEGREES 18 MINUTES 49 SECONDS East 135.00 FEET TO A POINT; THENCE BETWEEN Lot NO. 18 AND Lot NO. 17 North 02 DEGREES 41 MINUTES 11 SECONDS East 111.34 FEET TO A POINT, TO A POINT ON East CREAMERY Road, THE PLACE OF BEGINNING. File #: 199307 BEING Lot NO. 18 OF THE Plan OF Lots KNOWN AS MISTY MEADOWS - PHASE H AND CONTAINING 15,004.76 SQUARE FEET. PROPERTY BEING; 105 CREAMERY ROAD PARCEL# 40-10-0638-094 File #: 199307 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 1 Attorney for Plaintiff DATE: ?, ? t 3' 0 1 File #: 199307 9 C7 c , t0 00 w `A -v -_ 09 0 Sheriffs Office of Cumberland County R Thomas Kline 4?,wcr ct tIIjUhr1`# Edward L Schorpp Sheriff'' Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE' SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/23/2009 08:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 23, 2009 at 20:00 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Regi J. Sam, by making known unto Mary Sam, wife of defendant, at 105 Creamey Road, Boiling Springs, 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: $32.50 March 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 9?puty Sheriff Docket No. 2009-1671 Wachovia Bank v Regi J. Sam c ° r. ? _ i'-? "+V# ?..^? ? °? 9"" i+ ? T1 { - . -< , r; h? i °z ?..? - . __. ; . r. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WACHOVIA BANK N.A. Plaintiff VS. REGI J. SAM Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1671-CIVIL TERM 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 Attorne for Plaintiff 'NA" By &nT? Francis S. Hallinan, Esquire Date: 04-09-09 PHS #: 199307 VERIFICATION hereby states that he/she is of AURORA LOAN SERVICES, LLC., servicing agent for WACHOVIA BANK N.A., 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 authorities. DATE: qm?ax? Name: geia Mari z Asst. Vice President Title,: Company: AURORA LOAN SERVICES, LLC. Loan:0035328095 File #: 199307 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 WACHOVIA BANK N.A. Plaintiff VS. REGI J. SAM Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1671-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: REGI J. SAM 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff )?Ik 1? By: Francis S. Hallinan, Esquire Date: 04-09-09 OF THE PROTHONOTARY 2009 APR 14 AM 14: 4 2 cure ?,?i tI?t F'i?:NNSYLV'AIN=A ?1' U) 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 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 WACHOVIA BANK N.A. VS. REGI J. SAM 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1671-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against REGI J. SAM, 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 $257,619.50 Interest - 03/13/2009 to 05/01/2009 $2,191.00 TOTAL $259,810.50 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. La ence T. Phelan, Esq re 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 Joshua I. Goldman, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: s[dq Go PHS # 199307 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WACHOVIA BANK N.A. : CUMBERLAND COUNTY VS. REGI J. SAM : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1671-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE , hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 REGI J. SAM is over 18 years of age and resides at 105 CREAMERY ROAD, BOILING SPRINGS, PA 17007-9454. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. La ,,,On. T. Phelan, Es ire 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 Joshua I. Goldman, Esquire 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 (7,15) 561-7000 WACHOVIA BANK N.A. v Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1671-CIVIL TERM REGI J. SAM Defendant(s) TO: REGI J. SAM 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 DATE OF NOTICE: April 14, 2009 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 CHIQUI PETERSON Legal A stant PHS # 199307 OF M ' 2009 MAY -S AM 11: 28 JL .wai1 V?VN(I &'/yea (Rule of Civil Procedure No. 236) - Revised WACHOVIA BANK N.A. VS. REGI J. SAM 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1671-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: DE44ITr tact: If you have any questions concerning this matter please con®rum .1 1& 1 wrence T. Phelan, Es uire rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS 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 BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 WACHOVIA BANK N.A. Plaintiff, V. REGI J. SAM Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 05/02/2009 - 09/02/2009 (per diem -$42.71 ) TOTAL Note: Please attach description of property. No. 09-1671-CIVIL TERM r $259,810.50 $5,296.04 $265,106.54 Penn enter at Su _ ban Station 1617 John 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 199307 9 cr a a a x U) a U ` p o o n to -?- C ?3 4 q C ,. c- rl O ?d a o? ?a O? wo U ?? ?w ?U x x 3 I O w? w° od NQ ?v OA 0 a a Vj III N N A n N W ? a v 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 WACHOVIA BANK N.A. : Plaintiff, V. REGI J. SAM Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1671-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. OF THE P"' 20 09 M l 12 Ai i 01" jCJ t . -.M WACHOVIA BANK N.A. Plaintiff, V. REGI J. SAM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1671-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 WACHOVIA BANK N.A., 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 105 CREAMERY ROAD, BOILING SPRINGS, PA 17007-9454. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) REGI J. SAM 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 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 None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) LIBERTY SAVINGS BANK, FSB 12276 SAN JOSE BOULEVARD; SUITE 108 JACKSONVILLE, FL 32223 . MERS, INC. MERS AS A NOMINEE FOR E-LOAN, INC. E-LOAN, INC. 3300 SW 34TH AVENUE SUITE 101 OCALA, FL 34474 P.O. BOX 2026 FLINT, MI 48501-2026 6230 STONERIDGE MALL ROAD PLEASANTON, CA 94588 5. Name and address of every other person who has any record lien on the property: Name None Address (if address cannot be reasonably ascertained, please indicate) 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 None Address (if address cannot be reasonably ascertained, please indicate) 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 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 Address (if address cannot be reasonably ascertained, please indicate) 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 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 ,9ft MERS AS A NOMINEE FOR GREEN TREE SERVICING, LLC. GREEN TREE SERVICING, LLC MISTY MEADOWS P.O. BOX 2026 FLINT, MI 48501-2026 7360 SOUTH KYRENE ROAD TEMPLE, AZ 85283 565 MUD RUN ROAD YORK SPRINGS, PA 17372-9533 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 ..• FILED- ., -F E J: 5 d3 f WACHOVIA BANK N.A. Plaintiff, V. REGI J. SAM Defendant(s). CUMBERLAND COUNTY No. 09-1671-CIVIL TERM May 22, 2009 TO: REGI J. SAM 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at 105 CREAMERY ROAD, BOILING SPRINGS, PA 17007-9454, 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 $259,810.50 obtained by WACHOVIA BANK N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling L215) 3-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1671-CIVIL TERM WACHOVIA BANK N.A. VS. REGI J. SAM owner(s) of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being 105 CREAMERY ROAD BOILING SPRINGS PA 17007-9454 Parcel No. 40-10-0638-094 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire ALL THAT CERTAIN TRACT OF LAND SITUATE IN South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN: ACCORDANCE WITH A FINAL SUBDIVISION, PHASE II, MISTY MEADOWS, DATED January 24, 2003, LAST REVISED April 16, 2003, PREPARED BY ADVANTAGE ENGINEER SERVICES, INC. AND RECORDED July 8, 2003 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, IN Plan BOOK 87, PAGE 65, AS FOLLOWS TO WIT: BEGINNING AT A POINT ALONG THE Northern RIGHT OF WAY OF 50 FOOT WIDE East CREAMERY Road ALONG Lot NO. 18, North 87 DEGREES 18 MINUTES 49 SECONDS West 124.00 FEET TO A POINT; THENCE ALONG THE SAME UNNAMED Street, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11.00 FEET A DISTANCE OF 17.28 FEET; THENCE ALONG DIVIDING LINE BETWEEN Lot NO. 18 AND AN UNNAMED Street, South 02 DEGREES 41 MINUTES 11 SECONDS West 100.34 FEET TO A POINT; THENCE ALONG LANDS NOW OR FORMERLY OF MICHAEL P. AND CYNTHIA GARDNER, South 87 DEGREES 18 MINUTES 49 SECONDS East 135.00 FEET TO A POINT; THENCE BETWEEN Lot NO. 18 AND Lot NO. 17 North 02 DEGREES 41 MINUTES 11 SECONDS East 111.34 FEET TO A POINT, TO A POINT ON East CREAMERY Road, THE PLACE OF BEGINNING. BEING Lot NO. 18 OF THE Plan OF Lots KNOWN AS MISTY MEADOWS - PHASE II AND CONTAINING 15,004.76 SQUARE FEET. TITLE TO SAID PREMISES IS VESTED IN Regi J. Sam, a married individual, by Deed from Kevin A. Reese and Deborah K. Reese, h/w, dated 04/19/2005, recorded 05/04/2005 in Book 268, Page 3622. PREMISES BEING: 105 CREAMERY ROAD, BOILING SPRINGS, PA 17007-9454 PARCEL NO. 40-10-0638-094 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1671 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A., Plaintiff (s) From REGI J. SAM (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 $259,810.50 L.L. $.50 Interest from 5/02/09 to 9/02 09 (per diem - $42.71) -- $5,296.04 Atty's Comm % Due Prothy $2.00 Atty Paid $151.50 Other Costs Plaintiff Paid Date: 5/26/09 Curtis R. Lo g, Protho (Seal) B 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 WAC HOVIA BANK N.A. DE1rE1'I?A?1T(S) REGI J. SAM SERVE REGI J. SAM AT: 105 CREAMERY ROAD BOILING SPRINGS, PA 17007-9454 CUMBERLAND COUNTY Na49 to"? (I?[1 itSLM pQ-lL'7( phs. #199307 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 SERVED Served and made known to ` F-C,( `'T _ 5 A4 Defendant, on the aw O day of ?U F_ 2009, at 5:/5 . o'clock-:m., at 05 CREAMERY RDA-P, P WN& SP Rt N 65 , Commonwealth of Pennsylvania, in the manner described below: _,-3/-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. Other: Description: Age _4t!?5 Height Weight ?a Race S Sex /A Other I, 1`C D1??A A116 LL a competent adult, being duty sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff' t forth herein, issued in the captioned case on the date and at the address indicated above. KIMBERLY C U RTY Sworn to and subscribed NOTARY PUBLIC before this "day STATE OF NEW JERSEY U" 20 N Expire ch 7, 2013 No PLE 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 Is` Attempt: Time: 3rd Attempt: 1 I Time: Sworn to and subscribed before me this day of _ 5200. _Notary: 2nd Attempt: I I Time: Attorney for Plaintiff DANIEL G. SCEIMIEG, 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 Z(v FILED- .t ,hi.:Sl.,E OF THE 2009 JU14 16 AM 00