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HomeMy WebLinkAbout09-5422 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 L'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 213026 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007-9796 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM &'0 NO. 0 J - /a CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 213026 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 #: 213026 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007-9796 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/13/2005 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 Book No. 1908, Page 1891. 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(8); 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 04/01/2009 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 #: 213026 6. The following amounts are due on the mortgage: Principal Balance $130,461.93 Interest $3,279.73 03/01/2009 through 08/04/2009 (Per Diem $20.89) Attorney's Fees $1,300.00 Cumulative Late Charges $162.76 05/13/2005 to 08/04/2009 Property Inspections $20.70 Cost of Suit and Title Search 750.00 Subtotal $135,975.12 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $135,975.12 7. 8. 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 #: 213026 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 $135,975.12, together with interest from 08/04/2009 at the rate of $20.89 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: awrence 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 le Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 213026 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to a survey made in December 1945 by T. Elliott Middleton, Registered Surveyor, as follows: BEGINNING at a point on the East side of Walnut Street, said point being a corner of land now or formerly of Walter E. Burgett, et ux; thence by land now or formerly of Walter E. Burgett, et ux, North 59 degrees 45 minutes East 146 feet to a public alley; thence by said public alley, South 29 degrees 15 minutes East 73 feet to line of other land now or formerly of Walter E. Burgett, et ux; thence by land now or formerly of Walter E. Burgett, et ux, South 59 degrees 45 minutes West 146 feet to the East side of Walnut Street; thence by the East side of Walnut Street, North 29 degrees 15 minutes West 73 feet to the place of BEGINNING. BEING improved with a 2-1/2 story detached frame dwelling and one story frame garage. BEING the same premises which Rodger C. Diehl, Jr. and Sharon A. Diehl, husband and wife and Stephen D. Tiley, single man by Deed bearing date April 30, 1985 and recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, State of Pennsylvania in Deed Book F31 page 584 granted and conveyed unto James M. Malloy and Kimberly A. Malloy, husband and wife, in fee. PREMISES BEING: 416 WALNUT STREET PARCEL #: 40-30-2659-017 File #: 213026 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: -'??ftA 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 File #: 213026 F T? f: Cyj ?3/v?yy /Y/# Sheriffs Office of Cumberland County R Thomas Kline G I Fi` Sheriff ti?tir of ?unfirr CT Tf OV Ronny R Anderson ? J?+3 Chief Deputy AiJ Q 20,09 12 ,. ID: modLJ Ali i 15,. Jody S Smith Civil Process Sergeant OFFICE c:_F r"? 54-ERIFF Edward L Schorpp Solicitor Sovereign Bank . Case Number vs. James M. Malloy 2009-5422 SHERIFF'S RETURN OF SERVICE 08/06/2009 04:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 6, 2009 at 1640 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James M. Malloy, by making known unto himself personally, defendant at 416 Walnut Street Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 August 10, 2009 SO ANSWERS, 0!60540w:;? R THOMAS KLINE, SHERIFF A?oe 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 SOVEREIGN BANK Plaintiff VS. JAMES M. MALLOY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5422 : CUMBERLAND COUNTY PHS #: 213026 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 Attoqiey for_Pl4ntiff „ By: " Q v ? 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: 8-31-09 PHS #: 213026 VERIFICATION Constance M Cocroft hereby states that he/she is Vice President of SOVEREIGN BANK, 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 unsworn falsification to authorities. Constance M Cocroft DATE: August 7, 2009 Vice President Company: SOVEREIGN BANK File #f: 213026 Malloy 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 SOVEREIGN BANK Plaintiff VS. JAMES M. MALLOY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5422 : CUMBERLAND COUNTY Defendant(s) 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: JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007-9796 Phelan Hallinan & Schmieg, LLP Attey for PI intif 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: 8-31-09 OF TH *Y 2L9 SEA' -3 Ff*i 31: 10 OUIN ?' 'Y di 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. JAMES M. MALLOY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-5422 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 JAMES M. MALLOY, 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 $135,975.12 Interest - 08/05/2009 to 09/17/2009 919.16 TOTAL $136,894.28 I hereby certify that (1) the Defendant's last known address is 416 WALNUT STREET, BOILING SPRINGS, PA 17007-9796, and (2) that notice has been given in accordance with Rule 237.1, copy attached. KA-uJ31, W-71 4 Lawrence T. Phela 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 deter 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9/1A PHS # 213026 PROTH NOT SOVEREIGN BANK Plaintiff V. JAMES M. MALLOY Defendant(s) TO: JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007-9796 DATE OF NOTICE: August 27, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-5422 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 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 # 213026 PP IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIES OFFICE MAY BE ABLE 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 ry,,? N. By. 'r C ?' Lawr ce T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 213026 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 SOVEREIGN BANK : CUMBERLAND COUNTY VS. JAMES M. MALLOY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-5422 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 JAMES M. MALLOY is over 18 years of age and resides at 416 WALNUT STREET, BOILING SPRINGS, PA 17007-9796. This statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. -4AZQ ? Lawrence T. Pheillii, 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 ilay B. Jones, Esq., Id. No. 86657 eter 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 F1E. E is r€ E OF THE- PIK I',',YI APY 2DD9 SEP 18 Ali 18: 17 q. bb Am ;36 -7,?q ?? I ?-? X11 (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS JAMES M. MALLOY 416 WALNUT STREET CIVIL DIVISION BOILING SPRINGS, PA 17007-9796 No. CIVIL-09-5422 Notice is given that a Judgment in the above captioned matter has been entered against you on a By: If you have any questions concerning this matter ease co act: Lawrence T. Phe , 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 Jaa B. Jones, Esquire teeter 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 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 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 BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, V. JAMES M. MALLOY Defendant(s). • CIVIL DIVISION NO. CIVIL-09-5422 CUMBERLAND COUNTY TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/18/09 - 3/3/10 (per diem -$22.82) $136,894.28 $3,810.94 TOTAL Note: Please attach description of property. $140,705.22 C' ? Lawp6nce 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 aurae 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 213026 O O? d az? OW ?a O OD O U? 51, U O a CWZ7 a o ti 0 0 d a v? c7 N h V] O N?.-+ MM(T It-pp F MNN?noOhMM O? ,QpZo?pN a 6 00 pM(V npp r` CV Cl Cj ~ U ° o o z "' z ono 'C'n C4 o 0 0 '.° o o z (Ws?? zzz u?Z d o d ?? czz azz? H v ?C ebb ?zzzac zbb y t;b w w y ?w ?w?t"z" N N 0- W,6 w ? a? O wy & 5rb yww'gww a >, fYi jp E?xv? x°?gF ?C7 o o cis U U 00000000000 0000 N U- N 7 4 a C3 LLJ m z n a LL o O . V) go v PHELAN HALLINAN & SCHMIEG, L.L.P. ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK . COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. JAMES M. MALLOY Defendant(s). NO. CIVIL-09-5422 CUMBERLAND COUNTY 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: () the mortgage is an FHA mortgage. ( ) the premises is non-owner occupied. ( ) the premises is 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. ? Lawr nce 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 ? Apdrew L. Spivack, Esq., Id. No. 84439 191aime 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 OF TNr- F HcAjoTARY 2009 OCT -6 PM 2: 58 SOVEREIGN BANK Plaintiff, V. JAMES M. MALLOY Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5422 CUMBERLAND COUNTY 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 416 WALNUT STREET, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007 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) LVNV FUNDING, LLC 520 FELLOWSHIP ROAD, C306 MOUNT LAUREL, NJ 08054 None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare LVNV FUNDING, LLC C/O DAVID J. APOTHAKER ESQ. Address (if address cannot be reasonably ascertained, please indicate) 416 WALNUT STREET BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 1341 North Delaware Avenue Philadelphia, PA 19125 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. c_ September 29, 2009 - Q14,11'e DATE ? Lav 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 ? An w 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 OF THE ARY 2009 OCT -6 Phi 2: 58 CL'ME i SOVEREIGN BANK Plaintiff, V. JAMES M. MALLOY Defendant(s). September 29, 2009 : COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5422 CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007 "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 BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at 416 WALNUT STREET, BOILING SPRINGS, PA 17007, 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 $136,894.28 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: 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 ex-1230. 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 THAT CERTAIN tract of land with the improvements thereon erected situate in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to a survey made in December 1945 by T. Elliott Middleton, Registered Surveyor, as follows: BEGINNING at a point on the East side of Walnut Street, said point being a corner of land now or formerly of Walter E. Burgett, et ux; thence by land now or formerly of Walter E. Burgett, et ux, North 59 degrees 45 minutes East 146 feet to a public alley; thence by said public alley, South 29 degrees 15 minutes East 73 feet to line of other land now or formerly of Walter E. Burgett, et ux; thence by land now or formerly of Walter E. Burgett, et ux, South 59 degrees 45 minutes West 146 feet to the East side of Walnut Street; thence by the East side of Walnut Street, North 29 degrees 15 minutes West 73 feet to the place of BEGINNING. BEING improved with a 2-1/2 story detached frame dwelling and one story frame garage. TITLE TO SAID PREMISES IS VESTED IN James M. Malloy, by Deed from James M. Malloy and Kimberly A. Malloy, h/w, dated 05/13/2005, recorded 05/25/2005 in Book 269, Page 58. BEING THE SAME PREMISES VESTED IN PREMISES BEING: 416 WALNUT STREET, BOILING SPRINGS, PA 17007 PARCEL NO. 40-30-2659-017 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-5422 SOVEREIGN BANK VS. JAMES M. MALLOY owner(s) of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 416 WALNUT STREET. BOILING SPRINGS, PA 17007 Parcel No. 40-30-2659-017 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,894.28 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5422 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From JAMES M. MALLOY (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 $136,894.28 L.L. $.50 Interest from 9/18/09 - 3/3/10 (per diem - $22.82) -- $3,810.94 Atty's Comm % Due Prothy $2.00 Atty Paid $152.40 Other Costs Plaintiff Paid Date: 10/6/09 1 Curtis RyLg, Prothon (Seal) BY Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 e e F ~~1 ~U `~ T u _ r~ 2010 J~~-~ ~~ i-'; ~= fl ~ r, .: ~w~ r _ ~ t, _ JAN 2 7 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK Plaintiff Civil Division v. JAMES M. MALLOY Defendant Court of Common Pleas CUMBERLAND County No. CIVIL-09-5422 RULE AND NOW, this ~ day of 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable on the ~ da of ''` G~ 201 ~• ~ ' y 0, at r ~ . m the Mam Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. THE T .~""' J. ~O'J t £S /~7.~ 1 ~1.~ I , J . ~'2.~.(..(.~ ~ f ~.g /~v J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CUMBERLAND COUNTYn „~ Plaintiff, COURT OF COMMON$TAS-Q+~ ---r v. ~,...,. ~ w ~.~ ~ CIVIL DIVISION ~ ~ t ~ ' JAMES M. MALLOY -< <: ~ i_: cn ~t,...7 Defendant(s) No. CIVIL,-09-5422 '' ~ : ._ ~ F'j ~ i • ._ f ~ -;,r ~ ~ AFFIDAVIT OF SERVICE PURSU ANT TO RULE 3129.1 ~ ~,°,,,, COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". awrence 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 Date: ~ ~ ~~p ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 213026 C 7 O (J Z NQ 1.1. /W W U O O N a o w can ~ C 2 .~ ~ ~ ~ ~ Q~ Z ~ J ~ J ~ =U a g° a0 r L d ~ H C ~ L d z¢c ~ £ 0 C 6 G 300 dIZ W021d U3ll'd ~' ~ y ~ ~ °' d LL 9SZttZbO 0 6002 £ l 1~ W6 E ' ~- "HX3 r ® ~ C C E ° O H ~ s3+uwe e3rua ~r/CIA i ~ i y = E ~ a 'm ~ 6ti ~1 ~ ' L ~ ~ ~, ~ ZO G Spd5 31 F ... C N ] _yEo,$ O a E E c~ o ~•-~H - ~ p Gj ~ E p C d ~ ~ ~ a O)~ ~ N E N H E H. 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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 /1/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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff Court of Common Pleas Civil Division v. JAMES M. MALLOY Defendant CUMBERLAND County No. CIVIL-09-5422 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January, 28, 2010 Rule was sent to the following individual on the date indicated below. JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007-9796 DATE: ~ I ~ By~ & Schmieg, LLP U Lawrence T. Phelan, Esq., I~. 32227 ^ Francis S. Hallinan, Esq., rd. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Shee R. Shah-Jani, Esq., Id. No. 81760 ^ J ne R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 v^ 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 'SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~gt~~~l~ of ~,air~b~,p~r~~~ ~;F. F t^ti 4 - ~ 2~f 0 ~iAY Z~ Alf 11 ~ S j ~ '~ ~ `t Sovereign Bank Case Number vs. James M. Malloy 2009-5422 SHERIFF'S RETURN OF SERVICE 12/22/2009 06:31 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2009 at 1825 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 James M. Malloy, located at, 416 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania according to law. 12/22/2009 06:31 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2009 at 1825 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: James M. Malloy, by making known unto, Jennifer Stahlnecker, girlfriend of defendant, at, X, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 02/24/2010 PROPERTY SALE POSTPONED TO 5/5/2010. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of Federal home Loan Mortgage Corporation, 8200 Jones Branch Drive, Mail Stop 202, McLean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 788.99 SHERIFF COST: $788.99 SO ANSWERS, May 21, 2010 RON R ANDERSON, SHERIFF ~ .~ ~, Co . 5.~, ~ ~ ~ . ~;~ ?~D~/ ..: Cc-tr' t. She '1. T~ ~ coBY, Inc. • r SOVEREIGN BANK Plaintiff, v. JAMES M. MALLOY Defendant(s). . COURT OF COMMON PLEAS • CIVIL DIVISION ' NO. CIVIL-09-5422 CUMBERLAND COUNTY 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 416 WALNUT STREET, BOILING SPRINGS, PA 17007 . 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES M. MALLOY 2. Name and address of Defendant(s) in the judgment: JAMES M. MALLOY Address (if address cannot be reasonably ascertained, please indicate) 416 WALNUT STREET BOILING SPRINGS, PA 17007 416 WALNUT STREET BOILING SPRINGS, PA 17007 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) LVNV FUNDING, LLC 520 FELLOWSHIP ROAD, C306 MOUNT LAUREL, NJ 08054 None 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale., ~• ' Namc ~ 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 LVNV FUNDING, LLC C/O DAVID J. APOTHAKER ESQ. 416 WALNUT STREET BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 1341 North Delaware Avenue Philadelphia, PA 19125 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 authoriti??es. September 29. 2009 ~ ~ t_.P~Q/~-, ~ c~e,U~ DATE ^ 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 ^ An~rew L. Spivack, Esq., Id. No. 84439 acme 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 Plaintiff, v. JAMES M. MALLOY Defendant(s). September 29, 2009 COURT OF COMMON PLEAS CIVIL DIVISION ' NO. CIVIL-09-5422 CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JAMES M. MALLOY 416 WALNUT STREET BOILING SPRINGS, PA 17007 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 416 WALNUT STREET, BOILING SPRINGS, PA 17007, 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 $136,894.28 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: 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 ex-1230. 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 maybe 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENTISYLVANIA) COUNTY OF CUMBERLAND) NO 09-5422 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From JAMES M. MALLOY (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 $136,894.28 L.L. $.50 Interest from 9/18/09 - 3/3/10 (per diem - $22.82) -- 53,810.94 Atty's Comm % Due Prothy 52.00 Atty Paid $152.40 Other Costs Plaintiff Paid Date: 10/6/09 _ ~ . Curtis R. L g, Prothon (Seal) Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 On November 5, 2009 the Sheriff levied upon the ,defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as 416 Walnut Street, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 5, 2009 By: ,, ~,~~, ~` a Esta e Coordinator ~, / `'> J ~ IN~THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Sovereign Bank -vs- James M. Malloy No. 2009-5422 ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION SALE Soverei Bank hereinafter called Assignor, for and in consideration of the sum of $1,120.49, receipt of which is hereby acknowledge do(es) hereby sell, assign, transfer and set over unto FEDERAL HOME LOAN MORTGAGE CORPORATION all of its right, title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on May 5, 2010, in the above captioned proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set its hand and seal, this 6th day of May 2010 intending thereby to be legally bound. ~~ (SEAL) Nora M. Ferrer COMMQNWEALTM OF PENNSYLVANIA NOTARIAL SEAL NORA M. FERRER, Notary Pubic Con~ssa ion~~Nov~ember 22~ 2013 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to a survey made in December 1945 by T. Elliott Middleton, Registered Surveyor, as follows: BEGINNING at a point on the East side of Walnut Street, said point being a corner of land now or formerly of Walter E. Burgett, et ux; thence by land now or formerly of Walter E. Burgett, et ux, North 59 degrees 45 minutes East 146 feet to a public alley; thence by said public alley, South 29 degrees 15 minutes East 73 feet to line of other land now or formerly of Walter E. Burgett, et ux; thence by land now or formerly of Walter E. Burgett, et ux, South 59 degrees 45 minutes West 146 feet to the East side of Walnut Street; thence by the East side of Walnut Street, North 29 degrees 15 minutes West 73 feet to the place of BEGINNING. BEING improved with a 2-1/2 story detached frame dwelling and one story frame garage. TITLE TO SAID PREMISES IS VESTED IN James M. Malloy, by Deed from James M. Malloy and Kimberly A. Malloy, h/w, dated 05/13/2005, recorded 05/25/2005 in Book 269, Page 58. BEING THE SAME PREMISES VESTED IN PREMISES BEING: 416 WALNUT STREET, BOILING SPRINGS, PA 17007 PARCEL NO. 40-30-2659-017 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: January 22, Januarv 29, and Febru 5 2010 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. 2009-5422 Civil Sovereign Bank vs. James M. Malloy Atty: Lauren Tabas By virtue of a Writ of Execu- tion No. CIVIL-09-5422, SOVER- EIGN BANK vs. JAMES M. MALLOY owner(s) of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 416 WALNUT STREET, BOILING SPRINGS, PA 17007. Parcel No. 40-30-2659-0 17. (Acreage or street address) Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $136,894- .28. PROPERTY ADDRESS: 416 Wal- nut Street, Boiling Springs, PA 17007. r----- is Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 ~ ~ /'! f ,,.. Notary ,~ PJUL4ki~:L SEAL ~. DEBORAH, A COP_LINS Notary a'uL~lic CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 2d, ~ Ol 0 he Patriot-News Co. 812 P+Aarket St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot News NOw you know 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 Marianne Miller, 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 Docket Number: 2009-5422 Civil Term Sovereign Bank vs. James M. Malloy Atty: Lauren Tabas By virtue of a Writ of Execution Igo. CIVII.-09- 5422 .SOVEREIGN BANK vs. JAMES M. MALLOY owner(s) of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumlierland County, Pennsylvania, being (Municipality) 416 WALNUT STREET, BOIl.ING SPRINGS, PA 17007 Pazcel No.40-30-2659-017 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING 7LiDGMENTAMOUNT: $136,894.28 PROPERTY ADDRESS: 416 Walnut Street, Boiling Springs, PA 17007 This ad ran on the date(s) shown below: 01 /22110 01 /29/10 ~_ ~ 02/05/10 .. .~ ~ .. ~~„ Sworn to arid'subscribed before me~s 2 day of February, 2010 A.D. % i ~ ~ , l - L. C- 'C/-i ~~. Notary Public COMMONWEALTH OF PENN8YLVAMA Notarial Seat Sherrie L Kisner, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 5TH day of MAY A.D., 2010, under and by virtue of a writ Execution issued on the 6TH day of OCT, A.D., 2009, out ofthe Court of Common Pleas of said County as of Civil Term, 2009 Number 5422, at the suit of SOVEREIGN BANK against JAMES M MALLOY is duly recorded as Instrument Number 201013339. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~y ~ day of A.D. ~r7 Q/ l~ r ~ Rec(~rder of Deeds of dantd Courtly, Carr~le. PA My ~. F.,~irec the Frst Mondagr of ,Ian. 2ou