Loading...
HomeMy WebLinkAbout09-5913 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 214520 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET COURT OF COMMON PLEAS INVESTMENT LOAN TRUST, 2006-4 3476 STATEVIEW BLVD CIVIL DIVISION FORT MILL, SC 29715 TERM (1 I Vl l v. Plaintiff NO. t1l X1//.3 " MICHAEL P. MEYER CUMBERLAND COUNTY 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH MECHANICSBURG, PA 17055-7017 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 214520 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 #: 214520 I . Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL P. MEYER 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH MECHANICSBURG, PA 17055-7017 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/12/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1938, Page 4743. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 214520 6. The following amounts are due on the mortgage: Principal Balance $161,939.99 Interest $7,584.92 02/01/2009 through 08/25/2009 (Per Diem $36.82) Attorney's Fees $1,300.00 Cumulative Late Charges $280.00 12/12/2005 to 08/25/2009 Property Inspections $16.25 Appraisal/Brokers Price Opinion $95.00 Cost of Suit and Title Search 750.00 Subtotal $171,966.16 Escrow Credit $0.00 Deficit $3,504.52 Subtotal $3,504.52 TOTAL $175,470.68 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 #: 214520 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 $175,470.68, together with interest from 08/25/2009 at the rate of $36.82 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: 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 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 214520 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. T8 (the 'Unit'), of Gala Square, A Townhome Condominium (the 'Condominium'), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Gala Square, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 719, Page 3313 and Right of Way Plan Book 13, Page 111, respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. BEING part of the same premises which Upper Allen Partners, L.P., a Pennsylvania limited partnership, by its deed dated March 2, 2005 and recorded in the Office of the Recorder File #: 214520 of Deeds in and for Cumberland County, Pennsylvania in Deed Book 268, Page 693, granted and conveyed unto Classic Communities Corporation, a Pennsylvania business corporation, Grantor herein. ADDRESS: 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH PARCEL NO. 42-10-0256-105.-UT8 File 4: 214520 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: f. IrA f ttorney for Plaintiff File #: 214520 rlll?7) FLED--C,!;"I"'E OF THE 2001 Eau 28 PH 92: 4 3 fll- '71- sal 30 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff VS. MICHAEL P. MEYER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5913 : CUMBERLAND COUNTY PHS #: 214520 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 Attornu for Plaintiff By: -i a " --- - ? 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: 9-16-09 PHS #: 214520 VERIFICATION Xee Moua hereby states that he/she is Vice President Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Name: Xee Moua DATE: 08/26/09 Title: Vice President Loan Documentation Company: AMERICA'S SERVICING COMPANY File #: 214520 Meyer 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-5913 : CUMBERLAND COUNTY VS. MICHAEL P. MEYER 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: MICHAEL P. MEYER 485 NURSERY ROAD NORTH, A/K/A NURSERY DRIVE NORTH MECHANICSBURG, PA 17055-7017 Phelan Hallinan & Schmieg, LLP Attorneyfor Plaintiff _ Y: `J O ? Lawrence T. Phelan, Esq., Id. No. 32227 21francis 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: 9-16-09 ALEC OF THE P7, -,,.j31RY 2909 SEP 18 AN 11: 4 7 Sheriffs Office of Cumberland County RED— R Thomas Kline t T Ov Sheriff ???r?t? of ??unhcr???r Ronny R Anderson t u `? J t.f Chief Deputy F: Jody S Smith Civil Process Sergeant '4 t-E W 9 Edward L Schorpp Solicitor US Bank National Association vs. Michael P. Meyer Case Number 2009-5913 SHERIFF'S RETURN OF SERVICE 09128/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael P. Meyer, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Michael P. Meyer. After several attempts the complaint has expired. SHERIFF COST: $78.00 September 28, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 vs. Michael P. Meyer Attorneys for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 2009-5913 ~ ~ "J a ~% ~~ ~i ~ , ~^~;: ~ ~~ ~ ~' ~ ` ~ rn n ..~ •• ~ 0 ca , MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Michael P. Meyer, by first class mail and certified mail to the Defendant's last known address, and mortgaged premises, 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017, posting of the mortgaged premises, 485 Nursery Road North alk/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Michael P. Meyer, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017. As indicated by the SherifFs Return of Service attached hereto as Exhibit "A", no service was made as there was no response by the Defendant at said address. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of January 6, 2010, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on January 6, 2010 and requested Defendant's concurrence. 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of January 29, 2010 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Michael P. Meyer, but has been unable to do so. 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: Lawren T Phelan, Es ., . No. 32227 Franc' S. allinan, Es ., Id. No. 62695 Dani G. chmieg, q., Id. No. 62205 Michele M. d, 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 ~risovalante P. Fliakos, Esq., Id. No. 94620 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: January 29, 2010 5 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 Attorneys for Plaintiff 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 U.S. Bank National Association, Court of Common Pleas As Trustee For The Structured Asset Investment Loan Trust, 2006-4 Civil Division vs. Cumberland County Michael P. Meyer No. 2009-5913 MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. 6 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, PHELAN HAL~.INAN & SCHMIEG, LLP By: Lawren T. helan, Esq. . No. 32227 Franci S. llinan, Esq I . No. 62695 Dani G. S hmieg, Es ., Id. No. 62205 Michele M. dfo ,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 C isovalante P. Fliakos, Esq., Id. No. 94620 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: January 29, 2010 s Exhibit "A" Sheriff s Office of Cumberland County R Thomas Kline Sher Ronny R Anderson ~°~~~p ~t ~~~~~~f~~r~ Chief Deputy Jody S Smith Civil Process Sergeant o~+ce or try s~RiFF Edward L Schorpp Solicitor U_ S Bank National Association vs. I Case Number Michael P. Meyer 2009-5913 SHERIFF'S RETURN OF SERVICE 09/28/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for.the within named defendant to wit: Michael P. Meyer, but was unable to locate him in his bailiwick. He therefore returns the within Complaint: in Mortgage Foreclosure as not found as to the defendant Michael P. Meyer. After several attempts the complaint has expired. SHERIFF COST: $78.00 SO ANSWERS, September 28, 2009 R THOMAS KLINE, SHERIFF Exhibit "B" FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 214520 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Michael P. Meyer Property Address: 485 Nursery Road, North, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Michael P. Meyer - xxx-xx-3844 B. EMPLOYMENT SEARCH Michael P. Meyer - A review of the credit reporting agencies provided no employment information. C_ INQUIRY OF CREDITORS Our inquiry of creditors indicated that Michael P. Meyer reside(s) at: 485 Nursery Road, North, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Michael P. Meyer reside(s) at: 485 Nursery Road, North, Mechanicsburg, PA 17055.On 08-13-09 our office made several telephone calls to the subject's phone number (717) 766-3856 and received the following information: answering machine. B. On 08-13-09 our office made a telephone call to the phone number (717) 766-1429 and received the following information: wrong number. III. INQUIRY OF NEIGHBORS On OS-13-09 our office made several phone calls in an attempt to contact Mary J. Beshore (717) 796-9945, 483 Nursery Drive North, Mechanicsburg, PA 17055: answering machine. On 08-13-09 our office made several phone calls in an attempt to contact Carol Bair (717) 232-0116, 484 Nursery Drive North, Mechanicsburg, PA 17055: answering machine. On 08-13-09 our office made several phone calls in an attempt to contact Zoda A. Lauer (7I7) 458-5351, 487 Nursery Drive North, Mechanicsburg, PA 17055: answering machine. TV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 08-13-09 we reviewed the National Address database and found the following information: Michael P. Meyer - 485 Nursery Road, North, Upper Allen, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Michael P. Meyer. VI.OTHER INQUIRIES A. DEATH RECORDS As of 08-13-09 Vital Records and all public databases have no death record on file for Michael P. Meyer. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Michael P. Meyer residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Michael P. Meyer - 08-09-1938 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my wledge, information and belief and that this affidavit of investigation is made subject to enaltie of 18 .S. c. 4904 relating to unsworn falsification to authorities. AFFIANT -Brendan Booth s~~ FuII Spectrum Services, Inc. Kp~`~'1 ~ 5 •~ S Sworn to and subscribed before me this 14~ day of August, 2009. ~'~~~'~ X14 The above information is obtained from available public remrds and we are only liable for the cost of the affidavit. 1ND Exhibit "C" PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail lily.hainey@fedphe. com Lily Hainey, Ext 1401 Service Department January 6, 2010 Michael P. Meyer 485 Nursery Road North a/k/a 485 Nursery Drive North Mechanicsburg, PA 17055-7017 Representing Lenders in Pennsylvania and New Jersey RE: U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 vs. Michael P. Meyer Premises Address: 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017 Cumberland County, No. 2009-5913 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by January 14, 2010 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Lily Hainey For Phelan Hallinan & Schmieg, LLP 12 N ~o CD 0 CAD at '°• '~ 0 r ~ ~ ~ N ~ ~ 00 J O\ to ? W N N a~ .. ~• ~- z ~ a * * ° * * ~~ ~ o ~ ~ ~ z ~ ~ ~ z ~ a= ~ ~ ~ ~ ~ ~ ~ a <o 'v "'~ A ~ ~ .~.y O V a a y ~ O '~ ~ ~ ~ N ~ ~ -Z! ~ cn -~ :: ~! °O ~n o. z y ° ~ ~+ '~ c~ .d _ S `G .~ ~~ `/ o a a y ~ ~ Q. N N z o °, ~ ~' '<~ ~ am ~n a o~~~~~ ~ `~ c°.B ~ 3~~, H •~ 3 a ~„ p, ~ /v _ N O ~ d =' ~ ` l ~ ..y ^ 7 ~~ ~ °' • • ~ w m _3 » ~ • ~ ~ c ~ A h ~ O ~ ~ c y ~ ~ . ~ . A. ' . , + O cu m ~ 'y ~o~~o o . ~_~ a ~~_~ d„ ~ Vi O y 7'wj Q~ d ' N ti ~ ~ ~ y•$ m'3 ~\~ 0 ~' -v c N 69w C ~ Q -'~ n H N ~ g 3 ~ ~~ i s y ~ ~ eowES $ • n . ~ ~ _ ~ ~~iv ~ Q1.26° ~ ~ 3 ° ~ 0 2 1M ` 0004277256 JAN06 2010 o o ~ a ~' ~ MAllf D FROM ZIP CODE 1910 3 . ~ ~ °o ~ 3 ~.3~ m.. 1 . w O 'O ~ R n ~ y Q~ _ '~ ~c ~ w. ~ - * I-- r! x * rn N 0 0 o ~, ~ ~~~ A eo ~ C. ~ ~ -mot R. ii ~~0~ ~ ~o ~ a '~ ~ = 4 ~ ~ O ~ S ~ N y;'~~~ A ~ ~ o p o- Ro '". m o- n p.~~~ ~ A ~ O ~^!. ~ ~ O ~ b a a~ 0 0 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-7009 Email: lily.hainey(a~fedphe.com Lily Hainey, Ext 1401 January 6, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey Re: U.S. Bank National Association, As Trustee For The Structured Asset lilvestment Loan Trust, 2006-4 vs. Michael P. Meyer Cumberland County, No. 2009-5913 Dear Sir or Madam: Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff's Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits. Kindly return atime-stamped copy in the enclosed self-addressed stamped envelope. If, for any reason, this Order and Petition will not be sent immediately to a Judge for consideration, please contact the undersigned. Also, find attached a copy of the Order granting alternative service, which should be signed by the Judge. Please return this signed Order in the attached stamped self- addressed envelope. you for your courtesy and consideration. truly for Phelan, Hallinan & Schmieg LLP Enclosure 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 Civil Division vs. No. 2009-5913 Michael P. Meyer ORDER AND NOW, this day of , 2009, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Michael P. Meyer, by: 1. Posting of the premises: 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017 by the Sheriffor a non-party competent adult. 2. First class mail to Michael P. Meyer at the mortgaged premises located at 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017; and 3. Certified mail to Michael P. Meyer at the mortgaged premises located at 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: Cc: Michael P. Meyer J 485 Nursery Road North a/k/a 485 Nursery Drive North Mechanicsburg, PA 17055-7017 PHS# 214520 2 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 U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 vs. Michael P. Meyer Attorneys for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 2009-5913 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Michael P. Meyer, by first class mail and certified mail to the Defendant's last known address, and mortgaged premises, 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017, posting of the mortgaged premises, 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 3 1. Attempts to serve Defendant, Michael P. Meyer, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as there was no response by the Defendant at said address. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of January 6, 2010, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on November 18, 2009 and requested Defendant's concurrence. 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of January 6, 2010 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Michael P. Meyer, but has been unable to do so. 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, PHELANLJAIAN & SCHMIEG, LLP By: Lawrence T. elan, 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 Date: January 6, 2010 5 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 U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 Attorneys for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County Michael P. Meyer No. 2009-5913 MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. 6 Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwazding address is insufficient evidence of concealment. Gonzales vs. Polls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (l) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriff s Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". 7 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, SCHMIEG, LLP By: Lawrence T. elan, 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 Date: January 6, 2010 8 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully PHELAN ~IA~,L,~IVAN & SCHMIEG, LLP By: Lawren e 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 Date: January 6, 2010 9 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 Attorneys for Plaintiff 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 U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 Court of Common Pleas Civil Division vs. Cumberland County No. 2009-5913 Michael P. Meyer CERTIFICATION OF SERVICE 10 The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Michael P. Meyer: 485 Nursery Road North a/k/a 485 Nursery Drive North Mechanicsburg, PA 17055-7017 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. & SCHMIEG, LLP By: l "U Lawrenc .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 Date: January 6, 2010 11 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: Lawren T. helan, E ., Id. No. 32227 Franci S. allinan, Es ., Id. No. 62695 Dani G. S hmieg, q., Id. No. 62205 Michele M. d ,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 isovalante 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 Date: January 29, 2010 9 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 Attorneys for Plaintiff 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 Court of Common Pleas U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 Civil Division vs. Cumberland County No. 2009-5913 Michael P. Meyer CERTIFICATION OF SERVICE 10 The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Michael P. Meyer: 485 Nursery Road North a/k/a 485 Nursery Drive North Mechanicsburg, PA 17055-7017 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & S~HMIEG, LLP By: Lawrenc T. helan, Esq. Id. No. 32227 Francis . H linan, Es , Id. No. 62695 Danie . Sc ieg, E ., Id. No. 62205 Michele M. Bra rd, 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 ~hrisovalante 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 Date: January 29, 2010 11 FEB 08?010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 vs. Michael P. Meyer Civil Division No. 2009-5913 N a c o -n ~ rn ~~ ~ : ~ E_~ ~ ~~ (.7 -^.' -G <~ ~D ,~ l- --~ C..? ~ ;~ ~ n ~- ~ w ~ . ORDER AND NOW, this ti day of ~ i^u~ v , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Michael P. Meyer, by: 1. Posting of the premises: 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017 by the Sheriff or a non-parry competent adult. 2. First class mail to Michael P. Meyer at the mortgaged premises lacated at 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017; and 3. Certified mail to Michael P. Meyer at the mortgaged premises located at 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: Cc: ~1C~Iichael P. Meyer J. 485 Nursery Road North a/k/a 485 Nursery Drive North Mechanicsburg, PA 17055-7017 ~-~Y J • ~a ~.c~ PHS# 214520 a` Q~~v 2 ~r~ 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 ~~5_s~~-ono U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff vs. MICHAEL P. MEYER Defendant(s) ~F THi~ P~~Q OTARY 1QIQ P9,;R -3 Aid I0~ S7 CUP~RJ~ `~ F~~~-~ 11 C ~ 'd { ~' d v ~~ ~~lf,=~, i\,i i~H Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 2009-5913 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAii. PiJRSi1ANT Tn C'ni1RT ORiIFA I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons MICHAEL P. MEYER at 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH, MECHANICSBLIRG, PA 17055-7017, on FFRRi1ARY .5, .010, in accordance with the Order of Court dated FEBRUARY 8, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Feh ~a ?f~, ?nl n PHELAN HALLINAN & SCHMIEG, LLP 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. 206772 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Lxh 214520 FEH f! ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust, 2006-4 vs. Michael P. Meyer Civil Division No. 2009-5913 ORDER AND NOW, this ~~ day of , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Michael P. Meyer, by: 1. Posting of the premises: 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017 by the Sheriff or anon-party competent adult. 2. First class mail to Michael P. Meyer at the mortgaged premises located at 485 Nursery Road North a/k/a 485 Nursery Drive North, Mechanicsburg, PA 17055-7017; and ~ i D. BUELL bnotary o~P~ PO~sr.~ gland County ,100 _ - ,~ ~ .~ ®~ L [ z` courthouse Square ~~ f-r~f ~Cr•~~ ~~'^- 09~ $g/~ ~ ~rNFVgowcs PA ? 7013 ~.i r~!~~ f~rP'"'- _";i^rrtRY Y o 2 1 A ~ ~~.44~ 0004631598 FEB09 2010 GG ~Q ~;`' ~'~ !!"t. ; ~ MAILED FROM ZIPCODE 1 701 3 -~ c~ C i'~; i i, u• j 9 ~~~ _ , ~l I MICHAEL F. MEYER 485 NURSERY RUAL~ NORTH MECHANICSBURG, PA 17055-7017 NIX2E 176 ©C 1 00 02J19.J'i[) . ---- .- RETURN -rb ~EMb R .- _ PJOT DCLxVCR~B~IL.E AS ~'1~R~~SED ... "_ ._ A.-MAE3LF' TO FpRWARR BCC 1~013~3.~3^~2.5 ~O11S1-027E3S-~b9-41 1705St~'9999 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 n o ~~ Peter J. Mulcahy, Esq., Id. No. 61791 c ~ ~ Andrew L. Spivack, Esq., Id. No. 84439 ~~ ~ ~ ~ ~r-n Jaime McGuinness, Esq., Id. No. 90134 -- w ~~~~? 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 ~ v~T~}G 1617 JFK Boulevard, Suite 1400 N One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, COURT OF COMMON PLEAS 2006-4 CIVIL DIVISION vs. No. CIVIL-09-5913 MICHAEL P. MEYER 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 MICHAEL P. MEYER, 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: ~!1-l. U d ~~~~ ~,,~r ~SL3 ~- a ~~osd As set forth in Complaint $175,470.68 Interest - 08/26/2009 to 04/22/2010 $8,836.80 TOTAL $184,3(17.48 I hereby certify that (1) the Defendant's last known address is 485 NURSERY ROAD NORTH, A/K/A NURSERY DRIVE NORTH, MECHANICSBURG, PA 17055-7017, and (2) that notice has been given in accordance with Rule 237.1, c p at ched. nce T. helan, Esquire Francis S. Hallinan, Esquire aniel G. Schmieg, Esquire ichele 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 McGuinnf;ss, 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: Pxs a ziaszo PROTHO OT.ARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. MICHAEL P. MEYER No. CIVIL-09-5913 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 MICHAEL P. MEYER is over 18 years of age and resides at 485 NURSERY ROAD NORTH, A/K/A NURSERY DRIVE NORTH, MI;CHANICSBURG, PA 17055-7017. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C ,~ L ence helan, Esq., Id. No. 32227 ^ F ancis S. Hallinan, Esq., Id. No. 62695 ^ aniel 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., ld. 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 (Rule of Civil Procedure No. 236) -Revised U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. MICHAEL P. MEYER No. CIVIL-09-5913 Notice is given that a Judgment in the above captioned matter has been entered against you on ~ 0„~3?~ If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ mel 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.1Vo. 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 or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVEPREVIOUSLYRECEIVEDA DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff v COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-5913 CUMBERLAND COUrdTY MICHAEL P. MEYER Defendant(s) TO: MICHAEL P. MEYER 485 NURSERY ROAD NORTH, A/K/A NURSERY DRIVE NORTH MECHANICSBURG, PA 17055-7017 DATE OF NOTICE: Apri16, 2010 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 RECENED A DISCHAR~iE 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 HIItING A LAWYER. PHS # 214520 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE ~U WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO E~;GIBLE 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 CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, E . No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 J~ciith T. Romano, Esq., Id. No. 58745 heetal 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. 61 "791 Andrew L. Spivack, Esq., Id. No. $4439 Jaime McGuinness, Esq., Id. No. 00134 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 # 214520 ~ , JUL 16 2010 y 2010 JUL 20 AIMI~~ l~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Civil Division Plaintiff CUMBERLAND County v. No. CIVIL-09-5913 MICHAEL P. MEYER . Defendant RULE AND NOW, this f ~~ day of 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffls Motion to Reassess Damages. Rule Returnable on the i ~~ day of ~ 2010, at I. 3 y . in ~i no.s Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY T E COURT J. ~. ~~~.y ~.. ~~ 7/ao~w _~'1/y~ ~ 214520 l 1 • ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Civil Division Plaintiff v. MICHAEL P. MEYER Defendant CUMBERLAND County No. CIVIL-09-5913 ORDER BY THE COURT J. AND NOW, this day of 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through September 8, 2010 Per Diem $36.82 Late Charges Legal fees Cost of Suit and Title Sheriff s Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $161,939.99 $21,542.17 $280.00 $2,065.00 $2,951.71 $0.00 $166.25 $285.00 $0.00 $0.00 ($0.00) $4,322.85 TOTAL $193,552.97 Plus interest from September 8, 2010 through the date of sale at six percent per annum. Note: The above figure is ndt a payoff quote. Sheriffs commission is not included in the above figure. 214520 • ~ ~Ir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE STRUCTURED ASSET OURT OF COMMON PL~S N _ = INVESTMENT LOAN TRUST, 2006-4 C o ~; Plaintiff, ~ -:, ~~? r,,, ~ , CIVIL DIVISION - ' ~_ c- , r, ~ ,-- V. ~ ... L.•~ i~ ''' _ '~)~ - No. CIVIL-09-5913 ~ _: ~ -~ { :. MICHAEL P. MEYER -~° ~:- ~ - '- - Defendant(s) ~" ~~; w ,r E _ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 -~ ~ ~< COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) 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 3$17) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: U ,0'Cawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., ld. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., ld. 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., ld. 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., ld. 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 # 214520 i x Name aad Phelan HalGtlsa & 5c}uaieg, LLP Address ~~ 16iT 7P[C Boulevard, Suite 1400 Af Sender One Penn Centea• Plaza PFiladeln6ia. PA 19103 JOT/ALE -09/08/1010 SALE Liao Article Nluallor Name otAddreaee Stree aad Post Oflke Addraw F^e 1 """' "TENANT/OCCUPANT 4851~URSICRY ROAD NORTH n c A/K/A 483 NURSERY DRYVE NORTA UT 8 ~ ~ a MUrCHANICSBURG PA 17033-7017 ,~ ~ 2 ++*• Domeetk Rehtioas o[ : ° Cumhsrhad Couaty 13 North Hpnover Street w . Carlit PA 17013 N ~ 3 '+"" N Commonwoalth ofPeanBylvaaia + Department of Welfare ~ N P.O. Box 2673 a Ha PA 17105 ~tulWt o 4 "*"" United State6 Internal Revenue '.. W Speehi Pmcedurea Hraach Federated Iaveetors Tower 13th Floor, Suite 1300 1001 Liberty Aveano Pittabu PA 15222 S *"'* U.S~. Department otJuatke U.S. Attorney for the Middle District of PA Fi3deral Baiidin8, P.O. Boz 11754 228 Wahtut Street Harrbbu PA 17108 6 Navy Federal Cradle Uaion 820 Follia Laae Viasna VA 22180 7 Gah Square Condominium ABSOChtion 2151 Lhtylatowo Road; Saite 300 • HarHaba PA 17110.9453 8 Gtlh Sgaare Condominium Association A t'9 2391 FIarb Lane ,r~ ~p Lafi .alto PA 19444-1 7 1 4 Q ~ ~~' `° 9 CHAEL P MEYER NURS&RY ROAD NORTH A RIVE NORTH c NQ ~ O A 17055.7017 S ~ 10 ~~. 11 "' 12 EL P. MEYER CUMBERLAND TEAM 3 PHSN 214520 Told Naober Of old arPieea Pelnralar, Par Mae of T0a daoiaatlm of nlua s rogoind m all domrk and ilMa[aaioatl mat. TM mw%imao' 'ry payd~k Platen Lialad by Seoda OH'ax Reavieg Employe) fa dr raooeoodion ofemataiabk doaumwda mdar Errata Mdl dmumet reco,poaelka inaaaae 4330,000 par pkoa ao1~aN b a aall of 5300.000 pa oooamnee, Tfb aacimab iadtamty pgaEk m 6rylea Mail madaod4e 45300. 'Ihavnedtram indmmily paydda 4523,000 Bx rgiaaed IoaO. xd adth oplkel intwaoe. Se [10maak Mail Maautl 8900 9913 aid 3921 !or liodlatipn of .- • f 4-. :. ~vlr 3 ~n~ y:~1 ~ .. ._~", Phelan I-Iallinan & 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 ,Ieninc R. Davey, Esq., Id. No. 87077 Lauren R. "I'abas, Esq., Id. No. 93337 Vivck Srivastava, Esq., Id. No. 202331 .lay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 .laime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 .loslnia I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 ,1FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NA"fIONAL ASSOCIATION, AS "hRUS"I'EE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County v. MICE-IAEL P. MEYER Defendant No. CIVIL-09-5913 CERTIFICATION OF SERVICE 214520 I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August l 0, 2010 was sent to the following individual on the date indicated below. MICHAEL P. MEYER MICHAEL P. MEYER 48~ NURSERY ROAD NORTH PO BOX 534 A/K/A 485 NURSERY DRIVE NORTH UT 8 CAMP HILL, PA 17001-0534 M};CIIANICSBURG, PA 17055-7017 Phelan Hallinan & Schmieg, LLP D,1"I'1: _ _ 2 ('~ Cu ~L By: ^ Lawrence T. Phelan, Lsq., Id. No. 32227 ^ Francis S. I4allinan, 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 ^ .iaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., ld. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 214520 ~ ~ ~~'~ 'vio~us~ Nc~T AFFIDAVIT OF SERVICE Sf~VED PLAINTIFF CUMBERLAND COUNTY ~D (( b U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 DEFENDANT MICHAEL P. MEYER SERVE MICHAEL P. MEYER AT: 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH UT 8 MECHANICSBURG, PA 17055-7017 SERVED PHS # 214520 SERVICE TEAM/ lcxc COURT NO.: CIVIL-09-5913 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09/08/2010 Served and made known to ~! 1 C ye ~[. ~ . /N EVER ,Defendant on the %ZO~day of ~ L[ /+~ ~ , 2f€~, ~; ` ~i ~: I (ts , o'clock ~. M., at u S u Ivo~_, in the manner described bow: ~' ~' V / Defendant personally served. M c.~{AN,csAd06, QII , ~' ' - {~- ~ `' ~~ ~: Adult family member with whom Defendant(s) reside(s). Relationship is ~_ ~ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. "_, ''' ~ -_" _ an officer of said Defendant's company. °.~ ~ c, J . ~,'- Other: ~ Description: Age ?~ Height 6 ° , Weight ( 0 Race ~N Sex M Other I, ~oN~s /V~ D I-Z- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. '~ C~~n Nv~p ~t-rr+~~ ~P~s R~suc.r~ r~ Su«ESSt~.~- s~vic~, Sworn to and subscribed before me this ~E5'~ day of u N € , 201 U ~ . °~ By~ 20 , at _ Vacant _ Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this day of ~~ By: Notary: KIMBERLY CURTY NOTARY PUBLIC ~ STATE OF NEW tERSEY MY COMMISSION EXPIRES MARCH 7, 2013 o'clock _. M., Defendant NOT FOUND because: _ Moved _ Dces Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phdrt, Esq., id. No.32227 Frnueh S. HaBhun, Fsq., hL No. 62695 Dankl G. ScMnieg, Esq., b. No. 62295 Mkhde M. Bradford, Esq., hl. No. 69849 Judith T. Ronrno, Esq., Id. No. 5870.5 Sheetal R Shah-Jao4 Esq., hL No. 81760 Janine R Davey, Esq., Id. No. 57077 Lauren R Tubas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 207331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulal,y, Esq„ Id. No.61791 Andrew L Spivaek, Esq., Id. No. 84439 Jahne McGuinness, Esq., Id. Nw 90134 Chr~ovaleote P. FBekos, Esq., Id. No. 94620 Joshua L GoNman, Esq., Id. No. 205047 Coorlermy R Dung Esq., Id. No. 206779 Andrew C. Bramblelt, Esq., ld. Na 20&i75 One Penn Curler al Suburban Station 1617 JoM F. Kennedy BWd., Snile 1400 Philadelphia, PA 19]031814 (215)563.7000 IN TIED COURT OF COMMON PLEAS ~`UMBEI(tLA1VD COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR THE STRJGTUI~D ASSBT INVESTMENT LOAN TRUST, 2006-4 Civil Division plaintiff v . CUMBERLAND County MICHAEL P. MEYER Defendant No. CIVIL-09-591.3: ~~ AND NOW, this~,(~,day o G~ ~ 201 U the Prothonotary is `ORDERED to emend' tlt~e, in rem judgment end the Sheriff is ORDERED to aritend the writ none pro tune in this case as follows: Principal Balance $161,939.99 Interest Through September 8,...2010 $21,542.17 Per Diem $36.$2 Late Charges $280.00 Legal fees $2,065.00 Cost of Suit and Title $2,951.71 Sheriffs Sale Casts $0.~ Property Inspections/ Property Preservation $166.25 Appraisal/Brokers Price Opinion ~ $285.00 Mortgage Insurance Premium 1 $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 SuspenselNlisc. Credits ($0.11,0) Escrow Deficit $4,22.$5 TOTAL. $193,552.97 Plus interest from September 8, 201U through the date of sale at six. percent. per annum. Note; The above figure is nest a payoff quote.. Sheriffs commission is not included tr the above figure. ... ; • ; '= BY COURT _ , ~, _ _~ '__ - u ~ - . J' _: ~ , ~t ~ ~ ~ f ~ E ~ ~.~_ p n1a; led g ~ y /~o~~~ ~~~ ~~ ~ ,~,~ ~ 21A520 OF THE PRD HONG tAR Y 1010 DEC 28 PM 3: 31 CUMBERLAND COUNTY PEPdNS YLVANIA PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: JOSHUA I. GOLDMAN, ESQUIRE ATTORNEY I.D. NO. 205047 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff V. MICHAEL P. MEYER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-5913 EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan and Schmieg, L.L.P. petitions this Honorable Court for a two month postponement of its Sheriff's Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff s Sale of the mortgaged property known as 485 Nursery Road North AWA 485 Nursery Drive North UT 8, Mechanicsburg, PA 17055-7017 involved herein has been scheduled for January 5, 2011. 2. Plaintiff has agreed to enter into loss mitigation negotiations with the Defendant to possibly cure the mortgage default. 3. A two month postponement of the Sheriffs Sale will enable Plaintiff and Defendant to complete negotiations. The Defendant will not be injured by granting of the relief requested, inasmuch as the postponement will inure to his benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to March 2, 2011. By: PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: JOSHUA I. GOLDMAN, ESQUIRE ATTORNEY I.D. NO. 205047 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff V. MICHAEL P. MEYER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-5913 PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice, a Sheriffs Sale of the mortgaged premises has been scheduled for January 5, 2011. However, a two month postponement is requested in order to review the account and attempt a workout of the default. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a two month continuance of the Sheriff's Sale of the mortgaged premises to the March 2, 2011 sale. XESFECTFUL S PHEJFO-?N By: JOS DMAATT R R PLA L.L.P. VERIFICATION JOSHUA I. GOLDMAN, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: 1 Z Z? Id PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: JOSHUA I. GOLDMAN, ESQUIRE ATTORNEY I.D. NO. 205047 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff V. MICHAEL P. MEYER Defendant CERTIFICATION OF SERVICE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-5913 I, JOSHUA I. GOLDMAN, ESQUIRE, hereby certify that a copy of the Emergency Motion for Postponement of Sheriff's Sale relative to the above matter and Memorandum of Law has been sent to the individual indicated below on December 27, 2010. MICHAEL P. MEYER 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH UT 8 MECHANICSBURG, PA 17055-7017 Date: - 2 2MICHAEL P. MEYER PO BOX 534 CAMP HILL, PA 17001-0534 DEC 3 o U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Plaintiff V. MICHAEL P. MEYER Defendant F 1LED-0FF6 F -IE PRO i ?1-a; , OF T1 2011 JAN -3 AM 10* 05 CUMBERLAW CO.$N" RENNSY1.VAN'.P" Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-5913 ORDER IiA AND NOW, this 10 d y of Ve t 4 Z- , 20N, after consideration of Plaintiff's Emergency Motion for Postponement of Sheriff s Sale of the mortgaged property known as 485 Nursery Road North A/K/A 485 Nursery Drive North UT 8, Mechanicsburg, PA 17055-7017, it is hereby ORDERED that the said sale is extended two months to the regularly scheduled Cumberland County Sheriff s Sale dated March 2, 2011. No further advertising or additional notice to lienholders or Defendant is required, however the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. BY THE COURT: A?7? cc: Sheriff of Cumberland County ?Joshua I. Goldman, Esquire ? 4ichael P. Meyer Mai le) `'` es o11 214520 pz/0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILEE-un,-E Sheriff OF THE -PP'-O7HONCTA k1V?„- 0?1(111tjF?y Jody S Smith Chief Deputy t j ?Q? 27 ??; u 7 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA US Bank National Association i vs. Michael P. Meyer Case Number 2009-5913 SHERIFF'S RETURN OF SERVICE 06/23/2010 04:48 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-201 C at 1644 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 Micheal P. Meyer, located at, 485 Nursery Road North a/k/a 485 Nursery Drive North UT 8, Mechanicsburg, Cumberland County, Pennsylvania according to law. 07/14/2010 06:56 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 7/14/1C at 1845 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: Michael P. Meyer, by making known unto, Michael P. Meyer, personally, at, 485 Nursery Drive, North UT8, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/03/2010 As directed by Phelan, Hallinan & Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/01/2010 As directed by Phelan Hallinan & Schmieg, LLP, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/04/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 01/26/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 1/24/11. SHERIFF COST: $751.17 January 26, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THV- STRUCTURED ASSET INVESTMENT LOAN TRUS°t`, 2006-4 Plaintiff V. MICHAEL P. MEYER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-5913 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4, 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 485 NURSERY ROAD NORTH, A/K/A NURSERY DRIVE NORTH, MECHANICSBURG, PA 17055-7017. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL P. MEYER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH UT 8 MECHANICSBURG, PA 17055-7017 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Navy Federal Credit Union 820 Follin Lane Vienna, VA 22180 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may we 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 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH UT 8 MECHANICSBURG, PA 17055-7017 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Gala Square Condominium Association Gala Square Condominium Association 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 2151 Linglestown Road; Suite 300 Harrisburg, PA 17110-9453 2391 Harts Lane Lafayette Hill, PA 19444-1714 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. May 3, 2010 11/G ? By: Attorney for Plaintiff 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 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. T8 (the 'Unit'), of Gala Square, A Townhome Condominium (the 'Condominium'), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Gala Square, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 719, Page 3313 and Right of Way Plan Book 13, Page 111, respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. TITLE TO SAID PREMISES IS VESTED IN Michael P. Meyer, an adult individual, by Deed from Classic Communities Corporation, dated 11/29/2005, recorded 02/01/2006 in Book 272, Page 4973. PREMISES BEING: 485 NURSERY ROAD NORTH, A/K/A 485 NURSERY DRIVE NORTH UT 8, MECHANICSBURG, PA 17055-7017 PARCEL NO.42-10-0256-105.-UT8 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR : COURT OF COMMON PLEAS THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 CIVIL DIVISION Plaintiff NO. CIVIL-09-5913 VS. : CUMBERLAND COUNTY MICHAEL P. MEYER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL P. MEYER 485 NURSERY ROAD NORTH A/K/A 485 NURSERY DRIVE NORTH UT 8 MECHANICSBURG, PA 17055-7017 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 485 NURSERY ROAD NORTH, A/K/A 485 NURSERY DRIVE NORTH UT 8, MECHANICSBURG, PA 17055-7017 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $184,307.48 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-5913 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 vs. MICHAEL P. MEYER owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 485 NURSERY ROAD NORTH, AWA 485 NURSERY DRIVE NORTH UT 8MECHANICSBURG, PA 17055-7017 Parcel No. 42-10-0256-105.-UT8 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $184,307.48 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. T8 (the'Unit'), of Gala Square, A Townhome Condominium (the'Condominium'), located in Upper Allen Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Gala Square, A Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Cumberland County Recorder of Deeds in Miscellaneous Book 719, Page 3313 and Right of Way Plan Book 13, Page 111, respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to the Declaration of Condominium, to any and all other covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, and matters which a physical inspection or survey of the Unit and Common Elements would disclose. TITLE TO SAID PREMISES IS VESTED IN Michael P. Meyer, an adult individual, by Deed from Classic Communities Corporation, dated 11/29/2005, recorded 02/01/2006 in Book 272, Page 4973. PREMISES BEING: 485 NURSERY ROAD NORTH, A/K/A 485 NURSERY DRIVE NORTH UT 8, MECHANICSBURG, PA 17055-7017 PARCEL NO.42-10-0256-105: UT8 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5913 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee for THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4, Plaintiff (s) From MICHAEL P. MEYER (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 $184,307.48 L.L. $.50 Interest from 4/23/10 to Date of Sale ($30.30 per diem) -- $4,211.70 Atty's Comm % Due Prothy $2.00 Atty Paid $217.00 Other Costs Plaintiff Paid Date: 5110/10 l2 David D. Buell, Protho otz (Seal) By: REQUESTING PARTY: Name: JAIME MCGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 Deputy On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 485 Nursery Road North, a/k/a 485 Nursery Drive North UT 8, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: aa?-Crte. ? b Real Estate Coordinator Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 7.15-563-7000 Attorney For Plaintiff -_} _.,., U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE Court of Common S FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4 Civil Division Plaintiff CUMBERLAND Count; c F vs No. CIVIL-09-5913 MICHAEL P. MEYER Defendant TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without preju ice. Date: 1(7c h PHELAN-HAT-L AIN N & SC EG, LLP Lawrence T , Esq., Id. No. 32227 rancls 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 214520 Attorneys for Plaintiff C?WoSO a ?sy3?o