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HomeMy WebLinkAbout09-4394r 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 210096 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. ROBERT DELLIGATTI SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM I 'V) NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 210096 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 #: 210096 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT DELLIGATTI SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/29/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1923, Page 1819. 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 03/01/2009 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 #: 210096 6 The following amounts are due on the mortgage: Principal Balance $72,580.48 Interest $2,349.00 02/01/2009 through 06/30/2009 (Per Diem $15.66) Attorney's Fees $1,300.00 Cumulative Late Charges $135.95 08/29/2005 to 06/30/2009 Property Inspections $30.00 Cost of Suit and Title Search 750.00 Subtotal $77,145.43 Escrow Credit $0.00 Deficit $816.00 Subtotal 816.00 TOTAL $77,961.43 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 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 210096 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $77,961.43, together with interest from 06/30/2009 at the rate of $15.66 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: ZZgt=Z ence 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, Esquira--' Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 210096 LEGAL DESCRIPTION ALL THOSE CERTAIN Lots, PIECES OR PARCELS OF LAND, LYING AND BEING IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE North SIDE OF STATE Road ON THE LINE DIVIDING Lot NOS. 20 AND 21 ON THE Plan OF Lots HEREINAFTER MENTIONED; THENCE IN A Westerly DIRECTION ALONG THE Northern LINE OF STATE Road (GETTYSBURG Road) 22.5 FEET, MORE OR LESS, TO A POINT ON THE LINE RUNNING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE FRAME DWELLING HOUSE ERECTED IN PART ON THE Lot HEREIN CONVEYED; THENCE IN A Northerly DIRECTION ALONG THE LAST MENTIONED LINE 159 FEET, MORE OR LESS, TO A POINT ON THE Southern LINE OF A 20 FOOT ALLEY; THENCE IN AN Easterly DIRECTION ALONG THE Southern LINE OF SAID ALLEY, 24 FEET, MORE OR LESS, TO A POINT ON THE LINE OF Lot NO. 21 ABOVE MENTIONED; THENCE IN A Southerly DIRECTION ALONG THE Western LINE OF Lot 21,150 FEET TO A POINT, THE PLACE OF BEGINNING. BEING THE SAME PREMISES WHICH MIDFIRST BANK, BY DEED DATED 9/14/04 AND RECORDED 9/17/04 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN DEED BOOK 265, PAGE 1444, GRANTED AND CONVEYED UNTO THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT. BEING THE SAME PREMISES CONVEYED TO ROBERT DELLIGATTI FROM ALPHONSO JACKSON, SECRETARY OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, OF WASHINGTON D.C. BY DEED DATED 02/09/2005, AND RECORDED ON 02/22/2005, AT BOOK 267, PAGE 3074, IN CUMBERLAND COUNTY, PA. PARCEL NO. 12-21-0267-301 ADDRESS: 691 STATE STREET File #: 210096 VERIFICATION The undersigned attorney hereby states 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. DATE: W for Plainriff File #: 210096 01? ,CTAPY 1009 jUL -1 P', 11: 3 1, 1: ? e .?; 7u3 Sheriffs Office of Cumberland County R Thomas Kline 0 F11wl-? (?,j Sheriff a ??, of ??xti6rr Ronny R Anderson # 40 Chief Deputyr t i. : rk Jody S Smith : Civil Process Sergeant OFF 4E z"ERAP Edward L Schorpp Solicitor HSBC Bank USA I Case Number vs. 2009-4394 Robert Delligatti SHERIFF'S RETURN OF SERVICE AMENDED 07/06/2009 03:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 at 1520 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert Delligatti, by making known unto Sarah Delligatti, wife of defendant at 230 Hummel Avenue Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/06/2009 03:45 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: Robert Delligatti, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert Delligatti. Location at 691 State Street Lemoyne, PA 17043 is vacant. P possible address for the defendant is 230 Hummel Avenue Lemoyne, PA 17043. 07/06/2009 03:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2009 at 1520 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sarah E. Delligatti, by making known unto herself personally, defendant at 230 Hummel Avenue, Lemoyne Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/0612009 03:45 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: Sarah E. Delligatti, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not founc as to the defendant Sarah E. Delligatti. Location at 691 State Street Lemoyne, PA 17043 is vacant. A possible address for the defendant is 230 Hummel Avenue Lemoyne, PA 17043. SHERIFF COST: $119.20 SO ANSWERS, July 07, 2009 R THOMAS KLINE, SHERIFF De ?uty Sheriff 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff VS. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 09-04394 : CUMBERLAND COUNTY PHS #: 210096 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: ence 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 F Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-28-09 PHS #: 210096 VERIFICATION Helen Belton hereby states that he/she is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff 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 unworn falsification to authorities. Name: Helen Belton DATE: 07/01/2009 Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 210096 Delligatti 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 09-04394 Plaintiff VS. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s) : 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: ROBERT DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-28-09 OF THE ,j!Tfn%'OTARY 2O G9 JQ: 30 Pi~i 2: 5 1 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 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 VS. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 09-04394 ROBERT DELLIGATTI SARAH E. DELLIGATTI 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 ROBERT DELLIGATTI and SARAH E. DELLIGATTI, 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 $77,961.43 Interest - 07/01/2009 to 08/12/2009 673.38 TOTAL $78,634.81 I hereby certify that (1) the Defendants' last known address is 691 STATE STREET, LEMOYNE, PA 17043-1573, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 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 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire 46 drew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. (Z / y- o DATE: ?,- PHS # 210096 PROTHONOTARY ?gip HSBC BANK USA, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS * AS TRUSTEE FOR WELLS FARGO HOME CIVIL DIVISON EQUITY TRUST 2005-3 v Plaintiff NO. CIVIL 09-04394 CUMBERLAND COUNTY ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s) TO: ROBERT DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 DATE OF NOTICE: July 28, 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 )&jLL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKkUPTCY, 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 APPERANCE 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 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 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. PHS # 210096 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. 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 By. _ /c nce Phelan Esq., Id. No. 32227 s S. allin ,Esq., Id. No. 62695 G. Sc mieg, 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 210096 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff v COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL 09-04394 CUMBERLAND COUNTY ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s) TO: SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 DATE OF NOTICE: July 28, 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 APPERANCE 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 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 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. PHS # 210096 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. Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By: La ence kPhelan, q., Id. No. 32227 ncis S. inan sq., 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 210096 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 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 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. ROBERT DELLIGATTI SARAH E. DELLIGATTI : No. CIVIL 09-04394 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the 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 ROBERT DELLIGATTI is over 18 years of age and resides at 691 STATE STREET, LEMOYNE, PA 17043-1573. (c) that defendant SARAH E. DELLIGATTI is over 18 years of age and resides at 691 STATE STREET, LEMOYNE, PA 17043-1573. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Z?t ? 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 ? Cdurtenay R. Dunn, Esq., Id. No. 206779 YAndrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Ta. 66 ?' ly cit P??r (Rule of Civil Procedure No. 236) - Revised HSBC BANK USA, NATIONAL CUMBERLAND COUNTY ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST COURT OF COMMON PLEAS 2005-3 VS. : CIVIL DIVISION ROBERT DELLIGATTI No. CIVIL 09-04394 SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 Notice is given that a Judgment in the above captioned matter has been entered against you on e Y, d-W C/ By: -r,z. If you have any questions concerning this matter please contact: 001i 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 C9urtenay R. Dunn, Esquire 'Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff, No. CIVIL 09-04394 v. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $78,634.81 ? Interest from 8/13/2009-12/9/2009 $1,538.67 (per diem -$12.93) TOTAL $80,173. ? Lawrence T. Phelan, W., 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 veetal 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Note: Please attach description of property. 210096 pro p? d> 40 U a? 00 NH QEA ;Tog C?d7? N i„h•w z?? as E-A p0 z0? Ww p? ? p' 04rn U ???•? W W ?a?a U ?d CD . u? N - -5 <a CL. LT) N r ;r ti N C3 0 p DC ?' W ? p .. 0 O? w? U a ri ?w M c,. c t n d' O I`d a o W N ? ?O r4 0- Goo 00 MNN??OOI?MM a,44 ©N 10?0 ow OOMO ?iop iyN p zzz,d °z?? o czz -ZZo° -d z er Q^"cLi aWv??~z? y o J, 5rW 5r -d A w Wwwtwat o '; )i o ti e y> y w n. 9 W FFx?? OF, d 0 a?C7 c o ea 32 75 x L 4 1 72 ????? ??????????? Oa` d V j ?Sl ? ,+ „ ? ? wyvY\, b ;WIN a PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS CUMBERLAND COUNTY FARGO HOME EQUITY TRUST 2005-3 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s). NO. CIVIL 09-04394 CERTIFICATION The undersigned attorney, hereby verifies that he/she 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 unsworn falsification to authorities. ' ? Lawrence T. Phelan, Esq. Id. . 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 Ju th T. Romano, Esq., Id. No. 58745 voL?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 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FILED--0 Cal Orr THIF PPC Ti-',' JOTARY 2009 AUG 25 PH 12: 0 7 CL.._ I-, y PE, ti1j;: 'A ? n HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff, V. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s). HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 691 STATE STREET, LEMOYNE, PA 17043-1573. AFFIDAVIT PURSUANT TO RULE 3129.1 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT DELLIGATTI SARAH E. DELLIGATTI CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 09-04394 Address (if address cannot be reasonably ascertained, please indicate) 230 HUMMEL AVENUE LEMOYNE, PA 17043 230 HUMMEL AVENUE LEMOYNE, PA 17043 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) Wells Fargo Bank, N.A. 101 North Phillips Avenue Sioux Falls, SD 57104 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 orb't?A A(04 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) 691 STATE STREET LEMOYNE, PA 17043-1573 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 7? 1 -1 Au s 2009 '741J? b?- DATE ? Lawrence T. Phelan, E ., Id No. 32227 ? Francis S. Hallinan, Esq., No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 El 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 F4l.EC ?, ` ' 7A9Y OF VE F 2009 AUG 25 PH 12: C 7 {{ 1rr ? t HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff, V. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s). CUMBERLAND COUNTY No. CIVIL 09-04394 August 2# 2009 TO: ROBERT DELLIGATTI 230 HUMMEL AVENUE LEMOYNE, PA 17043 SARAH E. DELLIGATTI 230 HUMMEL AVENUE LEMOYNE, PA 17043 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, 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 691 STATE STREET, LEMOYNE, PA 17043-1573, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,634.81 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 (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. 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 THOSE CERTAIN Lots, PIECES OR PARCELS OF LAND, LYING AND BEING IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE North SIDE OF STATE Road ON THE LINE DIVIDING Lot NOS. 20 AND 21 ON THE Plan OF Lots HEREINAFTER MENTIONED; THENCE IN A Westerly DIRECTION ALONG THE Northern LINE OF STATE Road (GETTYSBURG Road) 22.5 FEET, MORE OR LESS, TO A POINT ON THE LINE RUNNING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE FRAME DWELLING HOUSE ERECTED IN PART ON THE Lot HEREIN CONVEYED; THENCE IN A Northerly DIRECTION ALONG THE LAST MENTIONED LINE 159 FEET, MORE OR LESS, TO A POINT ON THE Southern LINE OF A 20 FOOT ALLEY; THENCE IN AN Easterly DIRECTION ALONG THE Southern LINE OF SAID ALLEY, 24 FEET, MORE OR LESS, TO A POINT ON THE LINE OF Lot NO. 21 ABOVE MENTIONED; THENCE IN A Southerly DIRECTION ALONG THE Western LINE OF Lot 21,150 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING thereon erected a dwelling known as 691 State Street Lemoyne, Pennsylvania, 17043. SUBJECT TO ALL covenants, restrictions, reservations, easements, conditions and rights appearing of record; and SUBJECT to any state of facts an accurate survey would show. TITLE TO SAID PREMISES IS VESTED IN Robert Delligatti, by Deed from Alphonso Jackson, Secretary of U.S. Department of Housing and Urban Development, of Washington, D.C., by their Attorney in Fact/Agent, Carole Armstrong, by Power Attorney Recorded in Cumberland County in Book 712, Page 4006, dated 02/09/2005, recorded 02/22/2005 in Book 267, Page 3074. PREMISES BEING: 691 STATE STREET, LEMOYNE, PA 17043-1573 PARCEL NO. 12-21-0267-301 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL 09-04394 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 VS. ROBERT DELLIGATTI and SARAH E. DELLIGATTI owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 691 STATE STREET, LEMOYNE, PA 17043-1573 Parcel No. 12-21-0267-301 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 78,634.81 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 r)r Thy t?"•r,? }'`''TAY 2009 AUG 25 Ph 12: 0 7 CU IM, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4394 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff (s) From ROBERT DELLIGATTI AND SARAH E. DELLIGATTI (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 $78,634.81 L.L.$.50 Interest from 8/13/2009 - 12/9/2009 (per diem -$12.93) $1,538.67 Atty's Comm % Due Prothy $2.00 Atty Paid $238.20 Plaintiff Paid Other Costs Date: August 25, 2009 (Seal) REQUESTING PARTY: Name Sheetal R.Shah-Jani, Esq. Address: One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 81760 6 // "I C is R. Long, on tary By: Deputy AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF HSBC BANK USA, NATIONAL / ASSOCIATION, AS TRUSTEE FOR No. CIVIL 09-04394 WELLS FARGO HOME EQUITY TRUST 2005-3 PHS #210096 DEFENDANT(S) ROBERT DELLIGATTI Type of Action SARAH E. DELLIGATTI - Notice of Sheriffs Sale SERVE SARAH E. DELLIGATTI AT: Sale Date: DECEMBER 9, 2009 230 HUMMEL AVENUE LEMOYNE, PA 17043 SERVED Served and made known to Defendant, on the day of 5JS-0TR*4g0*-- ,2001,at 10.04 ,o'clockA-.m.,at A3o I4(, mrrL A-wENd£, CEM4yNC ^., Commonwealth of Pennsylvania, in the manner described below: c/ r1l --n 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 relationship. C 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. r-, a Other: an officer of said Defendant(s)'s company. c - ? Description: Age-- 3US Height (D D Weight Race W Sex Other I, Qr>7V4%-p Al9 VL , a competent adult, being duly sworn according to law, depose and state that I personally handed ad 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 befo me this . day of 5 &W 2001 No By: Auv XI-ASE AT MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED On COMMISSION EXPIRES 10125/2012 the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLMAN & SCHMIEG, L.L.P. Of , 200_ One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 33 dom. AFFIDAVIT OF SERVICE PLAINTIFF HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 DEFENDANT(S) ROBERT DELLIGATTI SARAH E. DELLIGATTI SERVE ROBERT DELLIGATTI AT: 230 HUMMEL AVENUE LEMOYNE, PA 17043 SERVED CUMBERLAND COUNTY No. CIVIL 09-04394 PHS #210096 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 9, 2009 Served and made known to 013FART DFLL I G,1TT) , Defendant, on the day of IERTFM 200t at W04 o'clock A.m., at ?Z30_ MM = I v l ?t? yE ?1?10? N? 1QCotrnwu-*h of Pennsylvania, in the manner described below: 'S V 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. r; Other: Description: Age SOs Height 6 a * Weight (q?; Race W Sex AA Other I, R2M In A4A -- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and convect 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. THEODORE J. HARRIS Sworn to and subRi NOTARY PUBLIC before me thisSTATE OF NE Y of Sf4i COMMISSION EXPIR 12 No By: PLEASE ATTE PT 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 1st Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2157 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 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff Court of Common Pleas Civil Division V. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendants CUMBERLAND County No. CIVIL 09-04394 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on July 1, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 14, 2009 in the amount of $78,634.81. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 9, 2009. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $72,580.48 Interest Through December 9, 2009 $4,901.44 Per Diem $15.66 Late Charges $135.95 Legal fees $1,300.00 Cost of Suit and Title $1,536.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $45.00 Appraisal/Brokers Price Opinion $325.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,647.15 TOTAL $ 84,471.52 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 16, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 10 2 1 By: wr ce T. Phelan, sq., Id. No. 32227 Fran is S. Hallin sq., Id. No. 62695 ? Dani eg, 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 Fe- ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 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 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 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. ROBERT DELLIGATTI No. CIVIL 09-04394 SARAH E. DELLIGATTI Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT DELLIGATTI and SARAH E. DELLIGATTI executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 691 STATE STREET, LEMOYNE, PA 17043-1573. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp, v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors d:, ? I c?lLiired to remit to the mortgagee sufficient sums to pay monthly mortgage insurance 0 i iMIS. fire insurance premiums, taxes and other assessments relating to the Property. The zz ?z 5 have breached the terms of the Mortgage, and Plaintiff has been forced to incur itit o,.i njust financial losses on this loan. T H 1 C FORECLOSURE JUDGMENT IS IN REM ONLY "],c within case is a mortgage foreclosure action, the sole purpose of which is to take the Cd property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage a s strictly in rem and does not include any personal liability. Newtown Village Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer I lir?F Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania h t 0 iI Procedure 1141(a). I Iowever, Pennsylvania law requires that the foreclosure action demand judgment for the ai ? t d' Liz:. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bi.. ?t tire: Sheriffs Sale. In the event that a third party real estate speculator were to bid on the troperty at the Sheriffs Sale and become the successful purchaser, Plaintiff would ree., tIi amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the princi pal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to, the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 0 2 b° By: U *r ce T. Phelaq) Esq., I21: No. 32227 Fran is S. Hall' , Esq., Id. No. 62695 ?1 Dan faG. ieg, 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 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP Exhibit "A" 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 210096 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. ROBERT DELLIGATTI SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573' Defendants C - ^.. F1 '? r 1 3 u g _ ca ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ?1 Ui I NO. Gl - O LI3 g -T CUMBERLAND COUNTY mdffdn to be a true and correct copy of the original filed of re00?fa CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE a,RN FILE PLEASE RETURN File #: 210096 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 ii: 210096 1. Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT DELLIGATTI SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/29/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1923, Page 1819. 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 0310112009 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 #: 2100% 6. The following amounts are due on the mortgage: Principal Balance $72,580.48 Interest $2,349.00 02/01/2009 through 06/30/2009 (Per Diem $15.66) Attomey's Fees $1,300.00 Cumulative Late Charges $135.95 08/29/2005 to 06/30/2009 Property Inspections $30.00 Cost of Suit and Title Search 750.00 Subtotal $77,145.43 Escrow Credit $0.00 Deficit $816.00 Subtotal 816.00 TOTAL $77,961.43 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 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Fiic #: 210096 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $77,961.43, together with interest from 06/30/2009 at the rate of $15.66 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. ,A r nce 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, Esquiro? Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 2100% LEGAL DESCRIPTION ALL THOSE CERTAIN Lots, PIECES OR PARCELS OF LAND, LYING AND BEING IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE North SIDE OF STATE Road ON THE LINE DIVIDING Lot NOS. 20 AND 21 ON THE Plan OF Lots HEREINAFTER MENTIONED; THENCE IN A Westerly DIRECTION ALONG THE Northern LINE OF STATE Road (GETTYSBURG Road) 22.5 FEET, MORE OR LESS, TO A POINT ON THE LINE RUNNING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE FRAME DWELLING HOUSE ERECTED IN PART ON THE Lot HEREIN CONVEYED; THENCE IN A Northerly DIRECTION ALONG THE LAST MENTIONED LINE 159 FEET, MORE OR LESS, TO A POINT ON THE Southern LINE OF A 20 FOOT ALLEY; THENCE IN AN Easterly DIRECTION ALONG THE Southem LINE OF SAID ALLEY, 24 FEET, MORE OR LESS, TO A POINT ON THE LINE OF Lot NO. 21 ABOVE MENTIONED; THENCE IN A Southerly DIRECTION ALONG THE Western LINE OF Lot 21,150 FEET TO A POINT, THE PLACE OF BEGINNING. BEING THE SAME PREMISES WHICH MIDFIRST BANK, BY DEED DATED 9/14/04 AND RECORDED 9/17/04 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN DEED BOOK 265, PAGE 1444, GRANTED AND CONVEYED UNTO THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT. BEING THE SAME PREMISES CONVEYED TO ROBERT DELLIGATTI FROM ALPHONSO JACKSON, SECRETARY OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, OF WASHINGTON D.C. BY DEED DATED 02/09/2005, AND RECORDED ON 02/22/2005, AT BOOK 267, PAGE 3074, IN CUMBERLAND COUNTY, PA. PARCEL NO. 12-21-0267-301 ADDRESS: 691 STATE STREET File #: 210096 VERIFICATION Helen Belton hereby states that he/she is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff 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 unworn falsification to authorities. Name: Helen Belton DATE: 07/01/2009 Title: Vice President Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File k 210096 Delligatti Exhibit "B" 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 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 Attorney for Plaintiff HSBC BANK USA, NATIONAL CUMBERLAND COUNTY ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY COURT OF COMMON PLEAS TRUST 2005-3 CIVIL DIVISION VS. . No. CIVIL 09-04394 ROBERT DELLIGATTI SARAH E. DELLIGATTI 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 ROBERT DELLIGATTI and SARAH E. DELLIGATTI, 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 Plaintiffs damages as follows: As set forth in Complaint Interest - 07/01/2009 to 08/12/2009 . $77,961.43 $673.38 TOTAL $78,634.81 i; J+ Z> t J i I hereby certify that (1) the Defendants' last known address is 691 STATE STREET, LEMOYNE, PA IT 43-1573, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 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. Fhakos, Esquire . Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire rldrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8'- f -01 PHS # 210096 PROTHONOTARY Exhibit "C" 0 C) v a ram V ?Wr ?i u a x a O lon N U a a 0 a h .? zoo ppb C m E S L 'Y 0 c> -8,.- 0 G 0 E '= . C N ? F em E E ? y .: G £0 L6 L 3000dlZ W021=i 031IdW 6 0OZ 9LL1C0 9SZLLZti000 a, /{ OZS-ZO 4VL ZO y S3M09 A3N Lld ® Ak. C ' ?i??A r PIP O O r a y?, "b ly a sbdS?? ?,AdE v 5 ti x E w X p y v F W O O p O 0?0 C C C w W 2! .o 0 22 Q 7?gEE W w G 8 G w W C O w E N H u z _O ? O ? ? o=E 79 gs?AEr, -4 b N ??og ?? y??K }y PC E- E? F Q c ? a a , ? a W W a o ?' A A o ? W W z b x a y ^? a 9 o E 4) V C M aw ?+ eC r 06 ef' ? O [o m ? O y b ' Wa wa d AW AW ao c ?a O O W W ? Ow Ow ?? z xa aa Fa z N N °? a x x a a Om a? .? 15 ? [- 00 O. O N M /1 p F c. PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2009 ROBERT DELLIGATTI SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 RE: HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 v. ROBERT DELLIGATTI and SARAH E. DELLIGATTI Premises Address: 691 STATE STREET LEMOYNE, PA 17043 CUMBERLAND County CCP, No. CIVIL 09-04394 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. TFrcis ly yours, helan, Esq ire S. Hallinan, Esq ire 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 Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unworn falsification of authorities. DATE: 0 2,l By: 1.-'WNo. 32227 ., Id. No. 62695 U'Danie16 Sc , 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 Q Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP 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 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 HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Civil Division Plaintiff V. CUMBERLAND County ROBERT DELLIGATTI SARAH E. DELLIGATTI No. CIVIL 09-04394 Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT DELLIGATTI SARAH E. DELLIGATTI 691 STATE STREET LEMOYNE, PA 17043-1573 DATE: -0A 1 /01 By: ROBERT DELLIGATTI SARAH E. DELLIGATTI 230 HUMMEL AVENUE LEMOYNE, PA 17043-1948 Phelan Hallinan & Schmieg, LLP T. Phelah. Lea.. Id. No. 32227 Esq., I& No. 62695 U 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 [Z Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF CF FI-'r c?I'1" 2€09 O CT 23 AM 11: 40 FWwzv s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff V. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendants Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 09-04394 rr RULE AND NOW, this day of -%}-- 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable FiiB)-? OF INF PROn- TARY 2009 OCT 26 PM 3: 5 7 CVMbEi-ijL;,,4:-b l.?aitr?/UN t PE V1 Vt7UAM4'! lD??l.?0q - l:oppi'ES m? c LECL I HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 VS. ROBERT DELLIGATTI SARAH E. DELLIGATTI : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 09-04394 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: 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 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". DATE: k Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 j 'th T Romano, Esq., Id. No. 58745 etal R. Shah-Jani, Esq., Id. No. 81760 ne R. Davey, Esq., Id. No. 87077 auren 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 Attorneys for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 V. Plaintiff, ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 09-04394 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 691 STATE STREET, LEMOYNE, PA 17043-1573. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT DELLIGATTI SARAH E. DELLIGATTI Address (if address cannot be reasonably ascertained, please indicate) 230 HUMMEL AVENUE LEMOYNE, PA 17043 230 HUMMEL AVENUE LEMOYNE, PA 17043 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 PR Capital City Limited Partnership c/o Preit Services, LLC Moira Cain-Mannix, Esquire for PR Capital City Limited Partnership Address (if address cannot be reasonably ascertained, please indicate) 200 S. Broad Street, 3?d Floor Philadelphia, PA 19102 One Oxford Center 301 Grant Street, 35'x' Floor Pittsburgh, PA 15219-1407 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Wells Fargo Bank, N.A. 101 North Phillips Avenue Sioux Falls, SD 57104 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 691 STATE STREET LEMOYNE, PA 17043-1573 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to ? 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 ? Shee . Shah-Jani, Esq., Id. No. 81760 ? me 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 u. ap +T, o U ;a 'awl o 0 o bo y r u £ o 4 6 3aoO dIZ Mtos-4 Q3 utl b gooZ LzE)nv o6o84W4 ZO V6•zo t w s9 A3,u{d 11*4 z 7 N m M 1nD cn g S O ? 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V7 ?p h 00 ? zd? a U N w e3 z a A? °w A w -- ° O O H?t ? a0 N C N Vl O T CO d z y C) Cf) r? 2009 NUN 10 F o-; 92: 14 "ar: Lt t }e Ci-I 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 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 HSBC BANK USA, NATIONAL ASSOCIATION, Court of Common Pleas AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Civil Division Plaintiff CUMBERLAND County V. : No. CIVIL 09-04394 ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the October 26, 2009 Rule was sent to the following individual on the date indicated below. ROBERT DELLIGATTI ROBERT DELLIGATTI SARAH E. DELLIGATTI SARAH E. DELLIGATTI 691 STATE STREET 230 HUMMEL AVENUE LEMOYNE, PA 17043-1573 LEMOYNE, PA 17043-1948 Phelan Hallinan & Schmieg, LLP DATE: By: ? ence 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 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS'" FARGO HOME EQUITY TRUST 2005-3 Plaintiff V. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendants Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL 09-04394 RULE AND NOW, this '7- (P day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable i- S t 4:?W&, 4,411411" COPY FROM RECORD 1 z. tinofiy v,;n tret11. { here onto set my harp, ,A ttns seat of said Cttu 11 at (;aNsM, Pa Pro tanota ViiI' ?n ?r%? 1'„`M 12 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~1,,, ~~f ~;ia~t:~r, Jody S Smith Chief Deputy Edward L Schorpp Solicitor HSBC Bank USA vs. Robert E. Delligatti (et al.) SHERIFF'S RETURN OF SERVICE 20lQA:P~ ~~, A~1 9: 25 i. - _ Case Number 2009-4394 09/24/2009 07:00 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1900 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert Delligatti & Sarah Delligatti, located at, 691 State Street Lemoyne, Cumberland County, Pennsylvania according to law. 09/24/2009 06:48 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1848 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert Delligatti, by making known unto, Sarah Delligatti, adult in charge, at 230 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/24/2009 06:48 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1848 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sarah Delligatti, by making known unto, Sarah Delligatti, personally, at 230 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/08/2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $711.96 SO ANSWERS, April 06, 2010 RON , R ANDERSON, SHERIFF i2~- ~~vsxs ~.~,~, ~~~ ~r~~~ r i. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff, v. ROBERT DELLIGATTI SARAII E. DELLIGATTI Defendant(s). HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 691 STATE STREET, LEMOYNE. PA 17043-1573 . AFFIDAVIT PURSUANT TO RULE 3129.1 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT DELLIGATTI SARAH E. DELLIGATTI CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. CIVIL 09-04394 Address (if address cannot be reasonably ascertained, please indicate) 230 RUNNEL AVENUE LEMOYNE, PA 17043 230 RUNNEL AVENUE LEMOYNE, PA 17043 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) Wells Fargo Bank, N.A. 101 North Phillips Avenue Sioux Falls, SD 57104 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 ..~ ~~~ ~G~ 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 691 STATE STREET LEMOYNE, PA 17043-1573 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13a' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are tnie 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 unsworn falsification to authorities. Au us 2009 DATE ^ Lawrence T. Phelan, E ., Id No. 32227 ^ Francis S. Hallinan, Esq., . No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 q 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUTTY TRUST 2005-3 Plaintiff, v. ROBERT DELLIGATTI SARAH E. DELLIGATTI Defendant(s). CUMBERLAND COUNTY No. CIVIL 09-04394 August 2~ 2009 TO: ROBERT DELLIGATTI 230 HUMMEL AVENUE LEMOYNE, PA 17043 SARAH E. DELLIGATTI 230 HUMMEL AVENUE LEMOYNE, PA 17043 * *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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 691 STATE STREET, LEMOYNE, PA 17043-1573, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,634.81 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 (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. 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 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 LEGAL DESCRIPTION ALL THOSE CERTAIN Lots, PIECES OR PARCELS OF LAND, LYING AND BEING IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE North SIDE OF STATE Road ON THE LINE DIVIDING Lot NOS. 20 AND 21 ON THE Plan OF Lots HEREINAFTER MENTIONED; THENCE IN A Westerly DIRECTION ALONG THE Northern LINE OF STATE Road (GETTYSBURG Road) 22.5 FEET, MORE OR LESS, TO A POINT ON THE LINE RUNNING THROUGH THE CENTER OF THE PARTITION WALL OF THE DOUBLE FRAME DWELLING HOUSE ERECTED IN PART ON THE Lot HEREIN CONVEYED; THENCE IN A Northerly DIRECTION ALONG THE LAST MENTIONED LYNE 159 FEET, MORE OR LESS, TO A POINT ON THE Southern LINE OF A 20 FOOT ALLEY; THENCE IN AN Easterly DIRECTION ALONG THE Southern LINE OF SAID ALLEY, 24 FEET, MORE OR LESS, TO A POINT ON THE LINE OF Lot N0.21 ABOVE MENTIONED; THENCE IN A Southerly DIRECTION ALONG THE Western LINE OF Lot 21,150 FEET TO A POINT, THE PLACE OF BEGINNING. HAVING thereon erected a dwelling known as 691 State Street Lemoyne, Pennsylvania, 17043. SUBJECT TO ALL covenants, restrictions, reservations, easements, conditions and rights appearing of record; and SUBJECT to any state of facts an accurate survey would show. TITLE TO SAID PREMISES IS VESTED IN Robert Delligatti, by Deed from AIphonso Jackson, Secretary of U.S. Department of Housing and Urban Development, of Washington, D.C., by their Attorney in Fact/Agent, Carole Armstrong, by Power Attorney Recorded in Cumberland County in Book 712, Page 4006, dated 02/09/2005, recorded 02/22/2005 in Book 267, Page 3074. PREMISES BEING: 691 STATE STREET, LEMOYNE, PA 17043-1573 PARCEL NO. 12-21-0267-301 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH (JF PENNSYLVANIA) N009-4394 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 Plaintiff (s) From ROBERT DELLIGATTI AND SARAH E. DELLIGATTI (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 properly 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 $78,634.81 L.L.$.50 Interest from 8/13/2009 - 12/9/2009 (per diem -$12.93) $1,538.67 Atty's Comm % Due Prothy $2.00 Atty Paid $238.20 Plaintiff Paid Other Costs Date: August 25, 2009 (Seal) Cu s R. Long, Prot, ary By: Deputy REQUESTING PARTY: Name Sheetal R Shah-Jani, Esq. Address: One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 81760 In Testirrr~;~y ~. , .hand and the seal c s:.:. _ ~ ., , ..,. This ~,~ ~ ' c./ Prothonotary~/ Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA Known and numbered as 691 State Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 B: ~~-_' ~~ ~ Real Estate Coordinator ~~'-~--~~r O C7 l~ ~):~ ~, y~ ~/~J // "I q '~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-4394 Civil ,~~ HSBC Bank USA, National Association, as Trustee for Wells Fargo Home Equity Trust 2005-3 vs. Robert Delligatti Sarah E. Delligatti Atty: Daniel Schmieg BY ~'u'tue of a Writ of Execution No. CML 09-04394, HSBC BANK USA, NA- TIONALASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 vs. ROBERT DELLI- GATTI and SARAH E. DELLIGATTI, owners of property situate in the BOROUGH OF LEMOYNE, Cumber- land County, Pennsylvania, being 691 STATE STREET, LEMOYNE, PA 17043-1573. Parcel No. 12-21-0267-301. Improvements thereon: RESIDEN- TIAL DWELLING. Coyne, SWORN TO AND SUBSCRIBED before me this 6 da of November 2009 ~ / L ~ ~~yZ Notary NOTARIAL SEAL DEBORAH A COLLINS Nofary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28, 2010 :~ . the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 c'~1e~lahiot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ,PUBLICATION COPY WrR No. 2009-4394 Clvll Tsrm HSBC Bank USA, Netlonal Assoclffilon, as Trustee for Wells Fargo Home EqultyTrust 2005-3 Vs ' Robert Delllgattl Sarah f. Delllgaitl Atty: Danlel Schmleg By virtue of a Writ of Execution No. CIVII. 09- 04394 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2005-3 vs. ROBERT DELLIGATTI and' SARAH E. DELLIGATTI owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 691 STATE STREET, LEMOYNE, PA 17043- _ 1573 Parcel Fto. I2-21-0267-3Ui (Aaease or sheet address) Improvements thereon: RESIDENTIAL DWELLING This ad ran on the date(s) shown below: 'Sworn to and subscribed before me this 1 'day of November, 2009 A.D. ;.-,~ __... _ ,~ ~ , -- Notary Pub c \ COMMONWEALTH OF PENNSYLVANIA No4ar~al Saa~ 1 ~- Sh~rrie L. ~€sr~er, Notary Public x City Of -~arrisburg, Dauphin County ~_ My CemmiSSion Expires Nov. 26, 2011 NESmb=r, Pennsylvania Association Of Notaries 10/23/09 10/30/09 11 /06109