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HomeMy WebLinkAbout09-3118b Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OCI I P C"- 1 -fc-,i` CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 r Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 200085 US BANK NATIONAL ASSOCIATION AS TRUSTEE 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff LORRAINE MARIE DZIEWIOR A/K/A LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR 5500 GLOUCESTER STREET UNIT H MECHANICSBURG, PA 17055 File #: 200085 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 #: 200085 Plaintiff is US BANK NATIONAL ASSOCIATION AS TRUSTEE 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: LORRAINE MARIE DZIEWIOR A/K/A LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR 5500 GLOUCESTER STREET UNIT H MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 08/18/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1921, Page 1537. By Assignment of Mortgage recorded 02/28/2008 the mortgage was assigned to WELLS FARGO BANK, N.A. which Assignment is recorded in Assignment of Mortgage Instrument No. 200805772. 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 12/01/2007 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 File !1: 200085 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $111,348.97 Interest $14,120.37 11/01/2007 through 05/14/2009 (Per Diem $25.17) Attorney's Fees $1,300.00 Cumulative Late Charges $85.20 08/18/2005 to 05/14/2009 Property Inspections $47.50 Appraisal/Brokers Price Opinion $190.00 Cost of Suit and Title Search $750.00 Subtotal $127,842.04 Escrow Credit $0.00 Deficit $1,620.27 Subtotal $1,620.27 TOTAL $129,462.31 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. 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 File #: 200085 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,462.31, together with interest from 05/14/2009 at the rate of $25.17 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. HALLINAN 4 SCHMIEG, LLP By: _ t en e T. Phela Esquire is . Hallin ,Esquire Daniel eg, 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 lb-kZoSd`i"F- Attorneys for Plaintiff File #: 200085 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: ALL THAT CERTAIN Lot OR PIECE OF GROUND WITH IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS SHOWN ON THE FINAL SITE Plan OF MIDEASTERN DEVELOPMENT CORPORATION PREPARED BY BUCHART-HORN, CONSULTING ENGINEERS AND PLANNERS AND BEARING DATE OF March 24, 1975, AS LATEST REVISED January 15, 1979, AS LATEST REVISED January 15, 1979, SAID Plan BEING RECORDED ON February 9, 1979, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN Plan BOOK VOLUME 34, PAGE 126 AND BEING FURTHER KNOWN AS WILLIAMSBURG North, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH POINT IS LOCATED 179.78 FEET South 20 DEGREES 41 MINUTES 17 SECONDS East FROM A HUB (SET) AT THE Northeast CORNER OF THE SUBDIVISION HEREIN BEFORE REFERRED TO, WHICH POINT IS ALSO THE Southeast CORNER OF Lot #9 AND A POINT ON THE LINE OF LANDS NOW OR FORMERLY OF CYNWYD INVESTMENTS; THENCE ALONG SAID LANDS NOW OR FORMERLY OF CYNWYDE INVESTMENTS South 20 DEGREES 41 MINUTES 17 SECONDS East, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Northeast CORNER OF File #: 200085 Lot #7; THENCE ALONG Lot #7 South 69 DEGREES 18 MINUTES 43 SECONDS West, A DISTANCE OF 119.00 FEET TO A POINT, SAID POINT BEING THE Northwest CORNER OF Lot #7; THENCE North 20 DEGREES 41 MINUTES 17 SECONDS West, A DISTANCE OF 24.00 FEET TO A POINT, SAID POINT BEING THE Southwest CORNER OF Lot #9; THENCE ALONG SAID Lot #9 North 69 DEGREES 18 MINUTES 43 SECONDS East, A DISTANCE OF 119.00 FEET TO A POINT, THE PLACE OF BEGINNING. BEING Lot #8, BUILDING #6, ON THE Plan OF WILLIAMSBURG North AFORESAID, KNOWN AND NUMBERED AS 5500-H GLOUCESTER DRIVE, MECHANICSBURG, PENNSYLVANIA. ADDRESS: 5500 GLOUCESTER STREET, UNIT H TAX ID #: 13-24-0791-040 BY FEE SIMPLE DEED FROM ALICE I. HARLACHER, WIDOW AS SET FORTH IN DEED BOOK 238, PAGE 935 AND RECORDED ON 2/1/2001, CUMBERLAND COUNTY RECORDS. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE. File #: 200085 VERIFICATION The undersigned attorney hereby states 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. DATE: S' I4-(Y0? Atto y for laintiff z6SO0,T, (Yabo7? Ip A2'05Z?C/7 File #: 200085 (S- - ,1 -.., OF THE r.? 'Q''Y 2009 HA a 18 tai 7? JO p cl a- 7 Ck0 -64737 4 # ?- 2, '?'X 3 K 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY LORRAINE MARIE DZIEWIOR A/K/A No. 09-3118 CIVIL LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHEL eSCHMIEG, INAN LLP By: L enc T. Phe , Esquire an cis S. man, 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 m# 2p5-u-t-7- Courtenay R. Dunn, Esquire Attorneys for Plaintiff Date: jun. 4, 2009 /cdf, Svc Dept. File# 200085 OF THE morT ,oNjom y 2009 JUN -8 AM 9: 21 CUMB :: DUN TY PENNSYLVANAA, f /u. 06 p A a)oY Ck# ?-1./y/2 ,e7,V- aa430 Sheriffs Office of Cumberland County R Thomas Kline 6. o"t, of Comb"F1411# Edward L Schorpp Solicitor Sheri a+4 t +Y, Ronny R Anderson Jody S Smith Chief Deputy OFF)C E OF THE Su=RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/02/2009 05:47 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lorraine Marie Dziewior a/k/a Lorraine Marie Aniello a/k/a Lorraine Gates Dziewior, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lorraine Marie Dziewior. The Mechanicsburg Postmaster has advised the defendants new address is 2929 Tarragon Lane Bowie, MD 20715. SHERIFF COST: $42.00 June 05, 2009 2009-3118 uS Bank National Assoc. V Lorraine Marie Dziewior SO ANSWERS, R THOMAS KLINE, SHERIFF N ? Q - s1 CO L N 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff VS. LORRAINE MARIE DZIEWIOR A/K/A LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3118 CIVIL : CUMBERLAND COUNTY PHS #: 200085 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 Atto y for Plaintiff 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 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 06/25/09 PHS #: 200085 VERIFICATION Xee Moua _ hereby states that he/she is Vice President of Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff, US BANK NATIONAL ASSOCIATION AS TRUSTEE, 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: May 20, 2009 Name: Xee Moua Title: Vice President of Loan Documentation Company: AMERICA'S SERVICING COMPANY File #: 200085 Dziewior 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff VS. LORRAINE MARIE DZIEWIOR A/K/A LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3118 CIVIL : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: LORRAINE MARIE DZIEWIOR A/K/A LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR 5500 GLOUCESTER STREET UNIT H MECHANICSBURG, PA 17055-4412 Phelan Hallinan & Schmieg, LLP Atto 17 for Plaintiff By: -l i 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 ??eter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire: Date: 06/25/09 10009 JUL - ? pi j 12: cuvI _ Sheriffs Office of Cumberland County R Thomas Kline Sheri ??tr at ?um?brrt Ronny R Anderson ?Q? ??? Chief Deputy Jody S Smit h Civil Process Sergeant OFFICE OF '"E t r.ERIRF Edward L Schorpp Solicitor US Bank National Association vs. Lorraine Marie Dziewior Case Number 2009-3118 SHERIFF'S RETURN OF SERVICE 06/11/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lorraine Marie Dziewior, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 06/17/2009 York County Return: And now, June 17, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Lorraine Marie Dziewior the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County York and therefore return same NOT FOUND. 11 Y SHERIFF COST: $37.00 July 08, 2009 SO KLINE, SHERIFF -, ?_, - i rJ i < YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5955 Fax (717) 848-8936 email: ybf@blazenet.net COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE PLEASE j PROCESS RECEIPT and AFFIDAVIT OF RETURN OD T / PLAINTIFF/S/ US BANK NATIONAL ASSOCIATION I 2 COURT NUMBER 3. 7 SERVICE CALL (717) 771-9601 ITHM12 4 TYPE OF WRIT OR COMPLAINT GAGE MARIE ANIELIA C ' RF,NMRT , SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD RRAINE MARIE DZIEWIOR A/K/A LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR 8. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY. ?B/O?RO. TWP . STATE AND ZIP CODE) AT 1' IOVi 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE $1 DEPUTIZE U CERT MAIL LI 1 ST CLASS MAIL u r'VJ to -+ v = ncn NOW JUNE 11 - '2009 _- I, SHER ?WUN A hereby deputize the sheriff of YORK COUNTY to execute 1ka ?Im ccording to law. This deputization being made at the request and risk of the plaintiff., + SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF CO CUMBERLAND 'AM EM PAM ME AWY- NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchrnan, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, deshuction, or removal of any property before sheriffs sale thereof. 9. TTY?YPEpp,,NAME and ADDRESS of ATTORNEY G/`LORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED ONE PII?I ? PLAZA,ISUIALY400 PHILA., PA 19103 15-563-7000 6/08/2009 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (Thus area must be completed d notice is to be maded) CUMBERLAND C JNTY SHERIFFS OFFICE CUMBERLAND CO SHERIFF 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as irwW aced above. MJ MCGILL YCSO 16-12-09 7-8-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Service 21. ATTEMPTS Date Tune Miles Int. Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS: NO LONGER AT THIS ADDRESS. PER POST OFFICE CHECK MAIL IS DELIVERED TO ADDRESS GIVEN. .3 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage _127 Postage 28. Sub Total 29. Pound 132, Notary 31. Surchg. 32. Tot. Corns 33 Cos4 eland Check No L I~ County Coats 135. Advance Costs 136 41. AFFIRMED and subscribed to b 42. day Ate . 20Q943, Notarial dal Kristel Stambaugh, Notary Public CRY Of York, York County W CO TFNS8 ExDkm maw 1 R -2n. 50. 1 A OF •(JV Costs 37 Notary Cert. 38. Moeage/PostagefNot Found 39. 14. Signature of W. Sheriff 48 Signature of Foreign RY ? SWisture of York County Sheriff RICHARD P- County Sheriff RN SIGNATURE V WHITE - Issuing Aulhorily 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office so 40 Qats-8ue or Refund DATE JOE -.4 7-2-09 49 DATE 51 DATE RECEIVED AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION AS TRUSTEE PHS # 200085 DEFENDANT SERVICE TEAM/ LORRAINE MARIE DZIEWIOR A/K/A COURT NO.: 09-3118 CIVIL LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR SERVE LORRAINE MARIE DZIEWIOR TYPE OF ACTION A/K/A LORRAINE MARIE ANIELLO XX Mortgage Foreclosure A/K/A LORRAINE GATES DZIEWIOR XX Civil Action AT: 2929 TARRAGON LN BOWIE, MD 20715-2010 SERVED Served and made known to Ad 'if J efendant on the X day of , ]L" 200 at ?k-1 o'clock M., at 6<?_? ? 1 , in the manner described below: _, /befendant per's'onally 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). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: o Description: Age _ Height Weight l$O Race _4&_) Sex r Other 0 I, ?dAc`o npetent adult, being duly sworn according to law, depose and state that I personally han e a true and correct copy of the Foreclosure Com laint in the manner as set -? forth herein, issued in the captioned case on the date and at the address indicated above. W? Sworn to and subscribed c J before me this -::? Z day of _T.J _, 200 '. 14 N By: y, NOT S _RVED On the day of - 200- , at o'clock . M., Defendant NOT FOUND because: - _ Vacant _ Bad Address ^ Moved Does Not Reside (Not Vacant) No Answer _ Service Refused Other: Sworn to and subscribed of fore me this day By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq.. Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 '?r _l? 4?? ??? `' ? ' . ? ("? ?j'y g 1 ?1I?1 ILA • t U R ! V siL. { ? G L - 1 1? M _,?? } 1 tt ^ If ` ? ? , ?vl? `? i i _ PLAINTIFF AFFIDAVIT OF SERVICE US BANK NATIONAL ASSOCIATION AS TRUSTEE DEFENDANT(S) LORRAINE MARIE DZIEWIOR A/KIA LORRAINE MARIE ANIELLO A/K/A LORRAINE GATES DZIEWIOR SERVE LORRAINE MARIE DZIEWIOR CUMBERLAND COUNTY No. 09-3118 CIVIL PIIS #200085 Type of Action - Notice of Sheriff's Sale A/K/A LORRAINE MARIE ANIELLO Sale Date: DECEMBER 9, 2009 A/K/A LORRAINE GATES DZIEWIOR AT: 2929 TARRAGON LANE BOWIE, MD 20715 r~y~Q~ nS'E'RVED Served and made known to ~~C~ ~,~r '-' ~ Cam') ~efendant, on the ~ day of~~~2009 .~ of Pennsylvania, in the manner described below: ,.,.,Defendant personally served. Adult family member with whom Defendant(s) reside{s). Nance and Relationship is _ Adult in chazge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of piece 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:(e lAge~ Height~~ ~~ Weight/.i Race ~/ Sex Other I, 1~ ~,,~~ W1 ~ ~ . 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 su cribed 1 ~, before me this ~ day ~ ~ ~ )' of ~ 200' ~ lJ ~I o1~~aOQq ~.- Notary: By: P ~ AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED ~y ~O10 On the day o , 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 PHELAN HALLiNAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 ~fL~~ :: ,=E"~. OF TH~ pr~r~~'~ 1~ '~'T~"uRY 2004 SE:P 15 ~I - I : 3 ~ ~cr~r~t~~~ .~,,, h ;~; ~ ~ ~t.