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HomeMy WebLinkAbout09-4788Phelan 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 t,ivek 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 207900 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. J KEVIN RIORDAN D GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. bR - qq'%% l?tvi (-Te' % CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207900 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 #: 207900 Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: J KEVIN RIORDAN D GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/01/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200804289. 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 02/01/2009 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 #: 207900 6. The following amounts are due on the mortgage: Principal Balance $293,999.89 Interest $11,051.70 01/01/2009 through 07/16/2009 (Per Diem $56.10) Attorney's Fees $1,300.00 Cumulative Late Charges $434.47 02/01/2008 to 07/16/2009 Property Inspections $10.35 Mortgage Insurance Premium / $313.38 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $307,859.79 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $307,859.79 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability File #: 207900 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. File #: 207900 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $307,859.79, together with interest from 07/16/2009 at the rate of $56.10 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. kN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire 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 Attorneys for Plaintiff File #: 207900 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of land with improvements thereon situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southeasterly right-of-way line of Bradford Court, said point being located at the Southwestern corner of Lot No. 118; thence along the Southwesterly boundary line of Lot No. 118 South 43 degrees 59 minutes 50 seconds East, for a distance of 131.38 feet, to a point in line of lands now or formerly of Donald R. and Anna R. Zook; then along said lands now or formerly of Zook, and along lands now or formerly of Jack D. and Angelina Brown and along lands now or formerly of The NcNaughton Company, South 38 degrees 55 minutes 59 seconds West, and passing through a 25.00 foot wide sanitary sewer easement, for a distance of 165.45 feet, to a point in line of lands now or formerly of Robert S. Jr. and Rae Ann Lentz; thence along said lands now or formerly of Lentz, and through a 25.00 foot wide sanitary sewer easement, North 44 degrees 49 minutes 04 seconds West, for a distance of 95.44 feet, to a point at the Southeastern corner of Lot No. 116; then along the Eastern boundary line of Lot No. 116, and passing through a 25.00 foot wide sanitary sewer easement North 13 degrees 17 minutes 55 seconds East, for a distance of 146.75 feet, to a point on the Southern right-of-way line of Bradford Court, then along said right-of-way line on the arc of a circle curving to the left, having a radius of 50.00, and an arc length of 50.00 feet, to a point and the place of BEGINNING. File M 207900 THIS PIECE, parcel or lot of land consists of approximately 21,613.89 square feet of land, and is known and numbered as Lot No. 117 on the Final Subdivision Plan of Canterbury Estate, Phase V, which is recorded in Cumberland County in Plan Book 75, Page 13. UNDER AND SUBJECT TO: a) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. b) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. C) The Declaration of Covenants and Restrictions which is recorded in the office of The Recorder of Deeds for Cumberland County in Record Book 552, Page 835, as may be applicable to the premises. PARCEL NO. 42-29-2458-119 ADDRESS: 15 BRADFORD COURT File #: 207900 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 atithorized 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 Sec. 4904 relating to unsworn falsifications to authorities. DATE: O _ ` of 18 Pa.C.S. File #: 207900 Q OF THE r "G'i' 1; Y LOGS ?JUL 1 I p Ii d• $'7$ .50 PQ ATTq zf*?ga8 !So Sheriffs Office of Cumberland County R Thomas Kline Sheri ????titr of ?'utpbcr???+P OFFICE C" 7-E SrJRIFF OF THEE F ,71HI(? OTARY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2009 JUL 22 PPS 3: 17 CiJ?I 4 tits i t I;JINT Y P&-1NS`1LV ,VIA Sovereign Bank vs. J. Kevin Riordan Case Number 2009-4788 SHERIFF'S RETURN OF SERVICE 07/21/2009 06:20 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2009 at 1820 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: J. Kevin Riordan, by making known unto himself personally, defendant at 15 Bradford Court Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/21/2009 06:20 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2009 at 1820 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: D. Gina Riordan, by making known unto Kevin Riordan, husband of defendant at 15 Bradford Court Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 July 22, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF puty Sheriff 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 SOVEREIGN BANK VS. J KEVIN RIORDAN D GINA RIORDAN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4788 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against J KEVIN RIORDAN and D GINA RIORDAN, 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 $307,859.79 Interest - 07/17/2009 to 09/08/2009 $3,029.40 TOTAL $310,889.19 I hereby certify that (1) the Defendants' last known address is 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 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 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ! O PHS # 207900 PROTHONOTARY 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 SOVEREIGN BANK VS. J KEVIN RIORDAN D GINA RIORDAN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4788 CIVIL TERM 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 J KEVIN RIORDAN is over 18 years of age and resides at 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792. (c) that defendant D GINA RIORDAN is over 18 years of age and resides at 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. " 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 Attorney for Plaintiff SOVEREIGN BANK V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-4788 CIVIL TERM J KEVIN RIORDAN CUMBERLAND COUNTY D GINA RIORDAN Defendant(s) TO: D GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 DATE OF NOTICE: August 11, 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.TF 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 # 207900 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: L 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. 20677 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 207900 SOVEREIGN BANK COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v J KEVIN RIORDAN NO. 09-4788 CIVIL TERM CUMBERLAND COUNTY D GINA RIORDAN Defendant(s) TO: J KEVIN RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 DATE OF NOTICE: August 11, 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 # 207900 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 rence 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 4 207900 FILED-?FY3CE OF THE FROTH"NOTA Y 2004 SEP 1 1 Pty 12: 17 rNvl'i.!JA` ss. ,4/Y.ad e? ?sao79 t4E- null, (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK VS. J KEVIN RIORDAN D GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4788 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on Q _h, /0? If you have any questions concerning this matter please contact: By: -BEPU'Y By: 410,?L / C &WCZ 77 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 2urtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 SOVEREIGN BANK Plaintiff, V. J KEVIN RIORDAN D GINA RIORDAN Defendant(s). No. 09-4788 CIVIL TERM TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 09/09/2009 - 03/03/2010 (per diem -$51.11) $310,889.19 $8,995.36 TOTAL Note: Please attach description of property. $319,884.55 ? 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 ? .9 drew L. Spivack, Esq., Id. No. 84439 anne 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 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 207900 lz n ? U CV a CW ?a O0 0 O U? ?W U 4 a °- oo 8 o ° US o ?r-? O 1?1 ICI A 0 U 5 F O d o ? U a w c1 a 3 4 ? A 81 f 0 e4 a in W) 00 as C.7 G7 a1 at W w N ?.i ~ z "t c) op N C0 ? - cr1M 't-00 NI ?rp MN ~~zONN egA x app C ?p? p? COO MO .? "` N C (? W $ ozz ?2zb zzzbzti o o ?` E,^F a?i ? tib? -?zzzooz?bwb bb? N Fyw O"w ~~^'dzb y y C v2 G O N U U www-o N.: oc+'?'ti °"wwww tea, M ww o w?w N w ? ? AAA 'y i v v , o c c y ,L •? RS , y lC > y> a G A a a4a? O O y CA > co a? vv1?HfyaiELo" ?U¢UO N ? h In kn ???????????? 0000 Oar N 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 SOVEREIGN BANK Plaintiff, V. J KEVIN RIORDAN D GINA RIORDAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-4788 CIVIL TERM 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. 42q-G.u ? La 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 ? gndrew L. Spivack, Esq., Id. No. 84439 aime 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 THE Ra- Awle ?ARY 2009 OCT -1 AH I I: 59 vums--'L`, jLJ C; ;ijN Y PENNSYLVANLA SOVEREIGN BANK Plaintiff, V. J KEVIN RIORDAN D GINA RIORDAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-4788 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK , 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 15 BRADFORD COURT. MECHANICSBURG, PA 17055-5792. 1. Name and address of Owner(s) or reputed Owner(s): Name J KEVIN RIORDAN D GINA RIORDAN Address (if address cannot be reasonably ascertained, please indicate) 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 2. Name and address of Defendant(s) in the judgment: J KEVIN RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 D GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 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) DRIVEKORE, INC. P.O. BOX 2004 MECHANICSBURG, PA 17055 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: 1 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 JEAN A. VAN NOSTRAND C/O: PAMELA L. PURDY, ESQUIRE BRADLEY D. VAN NOSTRAND C/O: ANDREW C. SHEELY, ESQUIRE 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 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 308 N. 2ND STREET; SUITE 200 HARRISBURG, PA 17101 127 S. MARKET STREET; APT. B MECHANICSBURG, PA 17055-0095 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. September 30, 2009 DATE ? 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 ? /?drew L. Spivack, Esq., Id. No. 84439 Jaune 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 OF" TFfJ NOa-Fa TARY 2009 OCT -1 AM 11: 5 9 UNTY fi ENNSYLV,ra-NIA 46 SOVEREIGN BANK V. J KEVIN RIORDAN D GINA RIORDAN Plaintiff, Defendant(s). September 30, 2009 TO: J KEVIN RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 CUMBERLAND COUNTY No. 09-4788 CIVIL TERM D GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 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 15 BRADFORD COURT MECHANICSBURG PA 17055-5792 is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $310,889.19 obtained by SOVEREIGN BANK (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 v SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-4788 CIVIL TERM SOVEREIGN BANK vs. J KEVIN RIORDAN D GINA RIORDAN owner(s) of property situate in the, Cumberland County, Pennsylvania, being (Municipality) 15 BRADFORD COURT. MECHANICSBURG PA 17055-5792 Parcel No. 42-29-2458-119 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $310,889.19 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of land with improvements thereon situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southeasterly right-of-way line of Bradford Court, said point being located at the Southwestern corner of Lot No. 118; thence along the Southwesterly boundary line of Lot No. 118 South 43 degrees 59 minutes 50 seconds East, for a distance of 131.38 feet, to a point in line of lands now or formerly of Donald R. and Anna R. Zook; then along said lands now or formerly of Zook, and along lands now or formerly of Jack D. and Angelina Brown and along lands now or formerly of The NcNaughton Company, South 38 degrees 55 minutes 59 seconds West, and passing through a 25.00 foot wide sanitary sewer easement, for a distance of 165.45 feet, to a point in line of lands now or formerly of Robert S. Jr. and Rae Ann Lentz; thence along said lands now or formerly of Lentz, and through a 25.00 foot wide sanitary sewer easement, North 44 degrees 49 minutes 04 seconds West, for a distance of 95.44 feet, to a point at the Southeastern corner of Lot No. 116; then along the Eastern boundary line of Lot No. 116, and passing through a 25.00 foot wide sanitary sewer easement North 13 degrees 17 minutes 55 seconds East, for a distance of 146.75 feet, to a point on the Southern right-of-way line of Bradford Court, then along said right-of-way line on the arc of a circle curving to the left, having a radius of 50.00, and an arc length of 50.00 feet, to a point and the place of BEGINNING. THIS PIECE, parcel or lot of land consists of approximately 21,613.89 square feet of land, and is known and numbered as Lot No. 117 on the Final Subdivision Plan of Canterbury Estate, Phase V, which is recorded in Cumberland County in Plan Book 75, Page 13. UNDER AND SUBJECT TO: a) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. b) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. c) The Declaration of Covenants and Restrictions which is recorded in the office of The Recorder of Deeds for Cumberland County in Record Book 552, Page 835, as may be applicable to the premises. TITLE TO SAID PREMISES IS VESTED IN J. Kevin Riordan, h/w and D. Gina Riordan, h/w, by Deed from Bradley Van Nostrand and Jean A. Van Nostrand, h/w, dated 02/01/2008, recorded 02/13/2008 in Instrument Number 200804288. PREMISES BEING: 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792 PARCEL NO. 42-29-2458-119 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4788 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From J. KEVIN RIORDAN and D. GINA RIORDAN (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 $310,889.19 L.L. $.50 Interest from 9/09/09 - 3103110 (per diem - $51.11) -- $8,995.36 Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Plaintiff Paid Date: 10/01/09 (Seal) Other Costs urtis R. L g, ro o tary By: REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 90134