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HomeMy WebLinkAbout09-7299 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 219889 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. NEIL LERCH CHRISTY LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1101 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?4 724 c u ?,? -h'l CUMBERLAND COUNTY File #: 219889 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 #: 219889 • s , Plaintiff is HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: NEIL LERCH CHRISTY LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/11/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO HOME MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1854, Page 4615. By Assignment of Mortgage recorded 01/14/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200801372. 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 07/01/2009 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 #: 219889 6. The following amounts are due on the mortgage: Principal Balance $90,912.35 Interest $3,152.25 06/01/2009 through 10/21/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $118.26 10/21/2008 to 10/21/2009 Property Inspections $165.00 Appraisal/Brokers Price Opinion $420.00 Cost of Suit and Title Search $-5-50-00 Subtotal $96,617.86 Escrow Credit ($1,054.90) Deficit $0.00 Subtotal ($1,054-90) TOTAL $95,562.96 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in p .rson m 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 #: 219899 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 $95,562.96, together with interest from 10/21/2009 at the rate of $23.35 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 H LINAN & 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 PtAndrew urtenay R. Dunn, Esq., Id. No. 206779 C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 219889 . LEGAL DESCRIPTION PROPERTY SITUATED IN WORMLEYSBURG BOROUGH OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING REFERRED TO AS 'THE PROPERTY' AND MORE FULLY DESCRIBED AS FOLLOW: LEGAL DESCRIPTION: DISTRICT: 047, CITY: WORMLEYSBURG BOROUGH, ASSESSORS'S MAP REFERENCE: MAP 1588 BEING THE SAME PROPERTY CONVEYED TO DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDER MORTGAGE TRUST 2002 BY DEED FROM SECRETARY OF VETERANS AFFAIRS RECORDED 12/05/2002 IN DEED BOOK 254 PAGE 4260, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID #: 47-19-1588-151 PREMISES: 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1101 File #: 219889 4 , " 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: 01! Attorney for Plaintiff File #: 219889 A PRY 7 T! r, ,7 A -)• c - 2Cu L` 11: t• J V 78 . sd??L R- eK? 8c.7eil }??- ? 32(170 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?g?y?,tr ?C ?u+t+brr??? C; - f OFFICE Or THE 1,1,ERIFF Ar ED-{:?-1'v Tf"L era 2009 NUV -6 PM 2: 58 HSBC Bank USA, N.A. vs. Neil Lerch Case Number 2009-7299 SHERIFF'S RETURN OF SERVICE 10/28/2009 12:04 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 28 2009 at 1204 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Neil Lerch, by making known unto Christy Lerch, wife of defendant at 204 North 2nd Street Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/28/2009 12:04 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 28 2009 at 1204 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christy Lerch, by making known unto herself personally, at 204 North 2nd Street Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $58.40 SO ANSWERS, October 29, 2009 R THOMAS KLINE, SHERIFF B??? ?-? Deputy 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff VS. NEIL LERCH CHRISTY LERCH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7299 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 219889 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? La nce T. Phelan, Esq., Id. No., 2227 ? 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: 11-12-09 PHS #: 219889 VERIFICATION Herman John Kennerty hereby states that he/she is V.P. Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. /AAt- Name: rff- enrian John Kennerty DATE: 10/22/09 Title: V.P. Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 219889 Lerch Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 Plaintiff VS. NEIL LERCH CHRISTY LERCH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7299 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 219889 NEIL LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1101 CHRISTY LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1101 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: -' ? L ence T. Phelan, Esq., Id. No-31-2227 ? 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: 11-12-09 PHS #: 219889 RED-OfFICE THE PMNi 2019 NOY 17 AM 9 2 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson {1 rP ,??r T Sheriff rxt+' of Jody S Smith Qa ?} toy ??: (j S-P Chief Deputy w , Richard W Stewart Solicitor OFFI 6 S $-ERIFF PENINSYLVANA HSBC Bank USA, N.A. Case Number vs. Neil Lerch (et al.) 2009-7299 SHERIFF'S RETURN OF SERVICE 04112/2010 03:00 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1500 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Neil Lerch and Christy Lerch, located at, 204 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania according to law. 04/12/2010 03:00 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1500 hours, she 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: Neil Lerch, by making known unto, Neil Lerch, personally, at, 204 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same 04/12/2010 03:00 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/12/10 at 1500 hours, she 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: Christy Lerch, by making known unto, Neil Lerch, spouse, at, 204 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same 05118/2010 Property sale postponed to 9/8/2010. 09/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 8/31/10. SHERIFF COST: $714.56 September 02, 2010 SO ANSWERS, ROW R ANDERSON, SHERIFF . S-Z) GCiPd 4? 7>9lG lci C,'ounfySuite Sheriff, TWeosoft, fnc. HSBC BAND USA;NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS F,ARGO HOME EQUITY TRUST 2004-2 Plaintiff w r V., NEIL LERCH CHRISTY LERCH Defendants COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-7299 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2, 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 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1101. Name and address of Owners or reputed Owners: Name NEIL LERCH 2. 3. CHRISTY LERCH Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1101 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1101 Address (if address cannot be reasonably ascertained, please so indicate) 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) APPLIED CARD BANK APPLIED CARD BANK C/O MICHAEL F. RATCHFORD, ESQUIRE WORMLEYSBURG BOROUGH 800 DELAWARE AVENUE WILMINGTON, DE 19801 1729 PITTSTON AVENUE SCRANTON, PA 18505 20 MARKET STREET WORMLEYSBURG, PA 17403 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. Ti Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1101 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 30, 2009 By: Atto or 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 HSBC B K USA, NATIONAL ASSOCIATION, AS TRUSTEE COURT OF COMMON PLEAS FOR WELLS FARGO HOME EQUITY TRUST 2004-2 CIVIL DIVISION Plaintiff . : NO. 09-7299 CIVIL TERM VS. NEIL LERCH CHRISTY LERCH Defendants : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NEIL LERCH CHRISTY LERCH 204 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1101 "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 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1101 is scheduled to be sold at the Sheriffs Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $96,660.41 obtained by HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 (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. l 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. 09-7299 CIVIL TERM HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 VS. NEIL LERCH CHRISTY LERCH owners of property situate in the BOROUGH OF CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1101 Parcel No. 47-19-1588-151 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $96,660.41 Phelan Hallinan & Schtnfeg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION PROPERTY SITUATED IN WORMLEYSBURG BOROUGH OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING REFERRED TO AS 'THE PROPERTY' AND MORE FULLY DESCRIBED AS FOLLOW: LEGAL DESCRIPTION: DISTRICT: 047, CITY: WORMLEYSBURG BOROUGH, ASSESSORS'S MAP REFERENCE: MAP 1588 BEING THE SAME PROPERTY CONVEYED TO DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR VENDER MORTGAGE TRUST 2002 BY DEED FROM SECRETARY OF VETERANS AFFAIRS RECORDED 12/05/2002 IN DEED BOOK 254 PAGE 4260, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TITLE TO SAID PREMISES IS VESTED IN Neil J. Lerch, Sr. and Christy M. Lerch, by Deed from Deutsche Bank National Association Trust Company, As Trustee Formerly Known as Bankers Trust Company of California, N.A. As Trustee For Vendee Mortgage Trust 2002-3, dated 02/17/2004, recorded 04/07/2005 in Book 268, Page 1535. PREMISES BEING: 204 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1101 PARCEL NO. 47-19-1588-151 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTR OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7299 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee for WELLS FARGO HOME EQUITY TRUST 2004-2, Plaintiff (s) From NEIL LERCH and CHRISTY LERCH (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 $96,660.41 L.L. $.50 Interest from 12/8/09 to Date of Sale ($15.89 per diem) -- $2,812.53 Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs Plaintiff Paid Date: 1/06/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA, Known and numbered as, 204 North 2nd Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator o,p d V i i NVF 6OZ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-7299 civil HSBC Bank USA, N.A. as Indenture Trustee for the Registered Holders of the Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 vs. Neil Lerch Christy Lerch Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-7299 CIVIL, HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR WELLS FARGO HOME EQUITY TRUST 2004-2 vs. NEIL LERCH, CHRISTY LERCH, owners of property situate in the BOROUGH OF CUMBERLAND, Cum- berland County, Pennsylvania, being 204 NORTH 2ND STREET, WORM- LEYSBURG, PA 17043-1101. Parcel No. 47-19-1588-151. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $96,660- .41. sa Marie Coyne, r-f* SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ?i,.1 1 ##Ah4 , The Patriot-News Co. 2020 Technology Pkwy Suite 300 , - Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: k Vaal Q' a WM 4 *sad* ND. 09-72K is MNM ;>?Oik W Ham . nr r>> zoa+ a' R 04116/10 04/23/10 04130/10 Sworn town lacribed before me'thi 8 ~Jy of May, 2010 A.D. Nota Public C0MM0NWULTH CZ !%NNSYLVANIA No10a1N seal shortie L amer, Notery PUNIC L mer fti on Twp., Dauphin County My Omnleftn Boris Nov. U, 2011 Member, Pennsylvania Association of Notaries