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Home My WebLink About10-0264 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 195788 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. DON A. BAIR, JR 831 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2844 Defendant File #: 195788 {Jl~ Tf`{` FF071. ;NOTARY 2010 JAS! -6 PAS 2: G 4 Cpl"d J, ! F LV'- L -'4?(4 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 195788 Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: DON A. BAIR, JR 831 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2844 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1984, Page 0911. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2009 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. The following amounts are due on the mortgage: File #: 195798 6. The following amounts are due on the mortgage: Principal Balance $107,039.87 Interest $5,206.93 04/01/2009 through 01/06/2010 (Per Diem $18.53) Attorney's Fees $650.00 Cumulative Late Charges $273.84 02/28/2007 to 01/06/2010 Non Sufficient Funds Charge $60.00 Costs of Suit and Title Search 550-00 Subtotal $113,780.64 Escrow 00 $0 Credit . Deficit $282.47 Subtotal $782-47 TOTAL $114,063.11 7 Plaintiff is ncA 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. 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. File #: 195788 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $114,063.11, together with interest from 01/06/2010 at the rate of $18.53 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. ? E Id. No. 32227 ence T. Phelan, Esq., ? 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 2Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 195788 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as 'Walnut Villas Condominium' located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann 3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985 and recorded on August 14, 1985 in Misc. Book Vol. 308, Page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985 and recorded on December 31, 1985 in the aforesaid Misc. Book 313, Page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987 in the aforesaid Office at Misc. Book 331, Page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded June 12, 1987 in the aforesaid Office at Misc. Book 335, Page 283, being and designated in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment, as Unit No. 831 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid Office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record, including (but not limited to) those contained in the instruments recorded in the aforesaid Office in Misc. Book Vol. 304, Page 227 and Misc. Book Vol. 304, Page 566. File #: 195788 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. Furthennore, 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: *- File #: 195788 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson IU t - Sheriff T:_ ;Tf,?Y Jody S Smith ZQz t V jt f Chief Deputy _ ' Edward L Schorpp -1y Solicitor 4 Sovereign Bank vs. Don A. Bair, Jr. Case Number 2010-264 SHERIFF'S RETURN OF SERVICE 01/21/2010 02:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2010 at 1400 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Don A. Bair Jr., by making known unto himself personally, at 132 E. Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Don A. Bair Jr., 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 Don A. Bair Jr. Request for service at 831 Old Silver Spring Road, Mechanicsburg, PA 17055 the defendant was not found. Don A. Bair Jr. currently resides at 132 E. Winding Hill Road, Mechanicsburg, PA 17055. SHERIFF COST: $67.00 January 22, 2010 SO ANSWERS, O NY R ANDERSON, SHERIFF , Z-?x 044- Deputy Sheriff ?c;, Cou::iySuite Sheaf. Teloosoft . Inc. "" QY 20'I0 J111N 27 FAI 3: 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 t_,4oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff VS. DON A. BAIR, JR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT Olr COMMON PLEAS : CIVIL DIVISION : NO. 2010-264- CIVIL : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 195788 DON A. BAIR, JR 831 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2844 Phelan Hallinan & Schmieg, LLP Attorney for P% in ,"f By: ? Lawr Phel E El Fr ?ce S Hallin , Esq., Id. No. 62695 ? Daniel G. c ieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romarrv, Esq., Ict. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No,. 57477 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., M. No. 282'33? ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61792 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McC1uWw.ss, E.-4, k hk,.. 94134 H lirisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman Esq., Id- No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Rrambkff, Esq., Id. No 208375 Date: 1-25-10 PHS #: 195788 VERIFICATION Constance Cocroft_ hereby states that she is Vice President of SOVEREIGN BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Name: Constance Cocroft DATE: Title: Vice President Company: SOVEREIGN BANK File #: 195788 Bair Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff VS. DON A. BAIR, JR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2010-264- CIVIL : 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 #: 195788 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Pkg Wf .44 By: ? La e T. Phelan, Esq., Id. No. 32227 ? Fr cis . Hallin sq., Id. No. 62695 ? D iel Sc g, Esq., Id. No. 62205 E] Michele radford, 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., I& No- 8443 ? Jaime McGuinness, Esq., Id. No. 90134 L hrisovalante P. Fliakos, Esq., Id. No- 94624 J Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., U. No. 206771 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 1-25-10 PHS #: 195788 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. DON A. BAIR, JR Attorney for Plaintiff O c? CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2010-264- CIVIL 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 DON A. BAIR, JR, 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: /4,db Dd 0-4I (,kk C11?9-73 3 sf46,5' As set forth in Complaint $114,063.11 Interest - 01/07/2010 to 03/04/2010 $1,056.21 TOTAL $115,119.32 I hereby certify that (1) the Defendant's last known address is 132E INDING HILL RD MECHANICSBURG, PA 17055-_5.618, and mortgaged premises to d at 831 OLD PTT VRR CPRM T ROAD MRCTIANTC1,9RURC'7_ PA 17055-284. that notice has been given in accordance with Rule 237.1, copy attached. Law%nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ?,-)4 DATE: 3 PHS # 195788 PROTHON ARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK : CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. DON A. BAIR, JR : CIVIL DIVISION : No. 2010-264- CIVIL 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 DON A. BAIR, JR is over 18 years of age and last known address is 132 E WINDING HILL RD, MECHANICSBURG, PA 17055-5618, and mortgaged premises located at 831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844. This statement is made subject to the penaltiePa. C.S. Section 4904 relating to unsworn falsification to authorities. ? Lawknt Phelan, Esq., Id. No. 32227 ? Francis allinan, Esq., Id. No. 62695 ? Daniel G. Sc?mieg, Esq., Id. No. 62205 ? MichEsq., Id. No. 69849 Judi. Romano, Esq., Id. No. 58745 ? Sh al R. Shah-Jani, Esq., Id. No. 81760 ? J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS DON A. BAIR, JR : CIVIL DIVISION : No. 2010-264- CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: : ) ;y 4)IRP44T If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele "Bradford, Esq., Id. No. 69849 ? Judith .Romano, Esq., Id. No. 58745 VSh l R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVEDA DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** SOVEREIGN BANK Plaintiff V. DON A. BAIR, JR Defendant(s) TO: DON A. BAK JR 132 E WINDING HILL RD MECHANICSBURG, PA 17055-5618 DATE OF NOTICE: February 19, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 2010-264- CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. PHS # 195788 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 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 c9wtenay R. Dunn, Esq., Id. No. 206779 w?Cndrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 195788 SOVEREIGN BANK v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 2010-264- CIVIL DON A. BAIR, JR Defendant(s) TO: DON A. BAIR, JR 831 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2844 DATE OF NOTICE: February 19, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. L PHS # 195788 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, 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 +-?drew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 195788 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff v DON A. BAIR, JR Defendant(s) To the Prothonotary: CIVIL DIVISION Issue writ of execution in the above matter: Amount Due N0.2010-264- CIVIL CUMBERLAND COUNTY $115,119.32 Interest from 03/05/2010 to Date of Sale $3,556.96 ($18.92 per diem) TOTAL Attorn f r Plaintiff Phet H Ilinan & Schm' g, LLP ^ Lawre e T. Phelan sq., Id. No. 32227 ^ Francis all' ,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 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 Note: Please attach description of property. PHS # 195788 00 ~ Q ~ ~ ~, ~' ~ o .a ,.~ ~ ~ ~ Q ~ x a. C7 ~ ~ Q a~ ~~~ a`i "" U 3 ~~z ¢¢x ~ zNU 7 A .M-~ 1~1 W W~ a a oa H O O~ ~~a 0 ~~ ~1 U P1 ~, C7 ~ ~ ~a O ~ ~~ W " ~Q O A U ~, a O c [-i u 3 0 W ~ ~ W ~ W o a abi w O N ~ ~ O ~i' 01 M N ~ ~ ~ ~ _ Q\ ~ O~ ~ l~ 00 N~ ~~~ .~-~ M V~ 0 0 ~p O 00 M p~ ~ O M~~ Bpi OHO p cM*1 N l~ oo ~ z N N O O O ti~ C [~ M~~~ ~ b a zzv~'z.ti o o °~ ozZ a~zzb a ~ ~ ^,tj Z Z z oo Z'b -Cj W 'ti ti ^ --~ ^ a~ ^ ~ o w ~ ~ ~ ~ ~ o ~ W W ~ a' W ~ a`~i k, ~ ~ ~ A, a xv~~~°'~~1F" > a a~C7 ~~~W ° .~ ° ~ ~ ~ ~`' \~ ~ a y ~ a ~ Q / ~ v ~' ~ ~ ~ O ~ f~ U ~ ~ a~ ~ `y ~ ~ ~ ~ ~'~ ~` ~ i \ .~ ~ o~ ~ LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as'Walnut Villas Condominium' located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann 3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985 and recorded on August 14, 1985 in Misc. Book Vol. 308, Page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985 and recorded on December 31, 1985 in the aforesaid Misc. Book 313, Page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987 in the aforesaid Office at Misc. Book 331, Page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded June 12, 1987 in the aforesaid Office at Misc. Book 335, Page 283, being and designated in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment, as Unit No. 831 as more fully described in such Declaration, as amended by such First Amendment and ScCOnd Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid Office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record; including (but not limited to) those contained in the instruments recorded in the' aforesaid Office in Misc. Book Vol. 304, Page 227 and Misc. Book Vol. 304, Page 566. TITLE TO SAID PREMISES IS VESTED IN Don A. Bair, Jr., single person, by Deed from Gerald J. Lettich, married person, dated 02/23/2007, recorded 03/05/2007 in Book 279, Page 28. PREMISES BEING:=831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844 PARCEL NO. 18-220519-001: U-P831- Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff v. DON A. BAIR, JR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.2010-264- CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ,.,7 ~~ - ~. ~ _, -, _ . . ~:_. ~~ ~j 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 By: Attorney or laintiff Phela a roan & Schmie LLP ^ La ren T. Phelan, E ., Id. No. 32227 ^ Francis allina sq., Id. No. 62695 ^ Daniel G. Sc mieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ' ~ I SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. N0.2010-264- CIVIL DON A. BAIR, JR Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DON A. BAIR, JR 132 EAST WINDING HILL ROAD r7 ~_ MECHANICSBURG, PA 17055-5618 ~- o _, - ~.. 2. Name and address of Defendant(s) in the judgment: ~~ Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE -r., 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property t@,be soltF: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) SOVEREIGN BANK 1130 BERKSHIRE BOULEVARD WYOMISSING, PA 19610 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA WALNUT VILLAS CONDOMINIUM ASSOCIATION 831 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2844 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 212 NORTH 3RD STREET HARRISBURG, PA 17101-1505 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. March 22, 2010 By: ~ Attorney f r Pl intiff Phelan allin n & Schmie LLP ^ Lawrence T. Phelan, E ., Id. No. 32227 ^ Francis S. Ha sq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 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 w SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. N0.2010-264- CIVIL DON A. BAIR, JR Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DON A. BAIR, JR 132 EAST WINDING HILL ROAD MECHANICSBURG, PA 17055-5618 ~: ~. c., ::,~ c ,~ ._, ~-~:= -:'; * *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 831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $115,119.32 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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. CUMBERLAND COUNTY n ~' i:`- 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 ca11215-563-7000. 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 N0.2010-264- CIVIL SOVEREIGN BANK vs. DON A. BAIR, JR owner(s) of property situate in the BOROUGH OF MECHANICSBURG, Cumberland (Municipality) County, Pennsylvania, being 831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844 (Acreage or street address) Parcel No. 18-22;0519-001.-U-P831- Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $115,119.32 Phelan Hallinan & Schmieg, LLP Attorney for Plaintifij 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 191x3 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as 'Walnut Villas Condominium' located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann 3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985 and recorded on August 14, 1985 in Misc. Book Vol. 308, Page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985 and recorded on December 31, 1985 in the aforesaid Misc. Book 313, Page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987 in the aforesaid Office at Misc. Book 331, Page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded June 12, 1987 in the aforesaid Office at Misc. Book 335, Page 283, being and designated in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment, as Unit No. 831 as more fully described in such Declaration, as amended by such First ` Amendment and Sei;ond Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid Office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record; including (but not limited to) those contained in the instruments recorded in the' aforesaid Office in Misc. Book Vol. 304, Page 227 and Misc. Book Vol. 304, Page 566. TITLE TO SAID PREMISES IS VESTED IN Don A. Bair, Jr., single person, by Deed from Gerald J. Lettich, married person, dated 02/23/2007, recorded 03/05/2007 in Book 279, Page 28. PREMISES BEING:'831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844 PARCEL NO. 18-220519-001: U-P831- SHORT DESCRIPTION By virtue of a Writ of Execution N0.2010-264- CIVIL SOVEREIGN BANK vs. DON A. BAIR, JR owner(s) of property situate in the BOROUGH OF MECHANICSBURG, Cumberland (Municipality) County, Pennsylvania, being 831 OLD SILVER SPRING ROAD MECHANICSBURG PA 17055-2844 (Acreage or street address) Parcel No. 18-22-..0519-001.-U-P831- Improvements thereon: RESIDENTIAL DWELLING r.~ ('"~ ~`. JUDGMENT AMOUNT: $115,119.32 C' -: _-_ Phelan Hallinan & Schmieg, LLP ~ .. _ Attorney for Plaintiff ' ~.%: 1617 JFK Boulevard, Suite 1400 ~, Philadelphia, PA 19103 ~.": 215-563-7000 ==_ c..; :~: -~ t,.; ,'~~ •• . 1010 ,1 ~~ ~ ~ Vi'i' ~ ~ , tS0 C~~,r ~- t~;iY n .. E~ { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK Plaintiff Court of Common Pleas Civil Division v. DON A. BAIR, JR CUMBERLAND County No. 2010-264- CIVIL Defendant RULE AND NOW, this 2 e3 f L, day of _~ C 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. L~-t~ ~ ~. Z ~ ~4~) 5 ~ t ~ c d~~ ~2I ~ CS' ~ d.Cf , Rule Returnable on the da~~ ^f 2010, ate` ' Coi ~ nnm of rt,n !'~ ...,.1.,. 1 a !~ • !'' ,.Elm !~ 1' la Dorz 1.. «:.. CI'SLF['ICC'C~~'SC~C~TCIAIV U3"~ri~rcj rcTaisyivcaiiau R~~.,~ .! .~1 ?'~2i f r v ~~ ]95788 y w #Ti_ ,. "c~10 r3~~ -3 ~=~ u:s bolo ~vb 3 Plv! ~: o(o Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County DON A. BAIR, JR No. 2010-264- CIVIL Defendant CERTIFICATION OF SERVICE 195788 -. ~' I hereby certify that a true and correct copy of the Rule Returnable dated July 20, 2010 was sent to the following individual on the date indicated below. DON A. BAIR, JR DON A. BAIR, JR 831 OLD SILVER SPRING ROAD 132 E WINDING HILL RD MECHANICSBURG, PA 17055-2844 MECHANICSBURG, PA 17055-5618 Phelan Hallinan & Schmieg, LLP ~.~ c DATE: ~i t~ 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 ATTORNEY FOR PLAINTIFF 195788 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CUMBERLAND COUNTY ~ Plaintiff, ~ ~ o ` i f COURT OF COMMON PLEAS -';-~ ~^' _ _ "„ ~ ._ C ~ . v. „ ~ ~ -- CIVIL DIVISION ~ ,~ ~ - DON A. BAIR, JR _ Defendant(s) No. 2010-264- CIVIL ~ ~. ,.,~. ,:... AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~ ~'- W w` 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 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached beret Exh~bit ~A". U Lawrence T. PheL~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 ^ dith 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. 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 r~ /^ Attorney for Plaintiff Date: ZS( ((J 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 # 195788 AFFIDAVIT OF SERVICE PLAII~ITIFF CUMBERLAND COUNTY SOVEREIGN BANK PAS # 195788 DEFENDAN'T' SERVICE TEAM/ iin DON A. BAIR, dR COURT NO.: 2010-26~ CIVIL SERVE I1~ON A. BAIIt, JR AT: TYPE OF ACTION 132 E WI1~iDING HILL RD XX Notice of Sheriff's Sale MECHANICSBURG, PA 17055-5618 SALE DATE: 09/08/2010 o SERVED r' `~' ~a o :i II n. `~ Served and made lmown to D ~U R • ~R'I R. TR . De£mdant on the'~f~ay of M ~ ~ 20 at ~ -~- ~~ ~ ~ - . (0' l7 . o'clock ,t . M., at l in the manner descnbed belo~rx - C , w,.~ `` ' t~ ~/ Defendant personally served. 6GF{A N t CS13u!!!s, ~~} c' -Adult family member with whom Defendant(s) resides}. ` - ` ~ Relationship is ~ , ~ Aduh in charge of Defendant's residence who refused to give name or relationship. r ~..: M /Clerk of lace of 1 - - anager p odging 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. -Other: Description: Ag e 5~s Height tJ~1I ~~ Weight o'Z3~ Race w Sex /1A Other /I ,, I, ~VJFt~D M 4 ll., a competeart adult, being duly sworn according to law, depose and state that I P~~Y handed a tme 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. Sworn to and s~~bad ._ before me this day 1{]h(gERLY CURTY of~ .20~ NOTAR~PUBLIC STATE OF 13EW JERSEI~ N BY= COMMISSION $XI'.iRES y1ARCH.7, 2013 - NOT SERVID ~ ~e y , 20-, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) - No Answer _ Service Refused Other: Sworn to and subscn'bed b ffone me this ~~ day , By: Notary: ATTORNEY FOR Laws T. Ri~l~, iL N~.31II7 lYa~ B U~iati ~ Y.1U. fifs6 David G delwf ~. 6s. li N- tti~S 11leYdeM. DnWa~ M+It 14 f7iA Jai~T.>Y~S 84+Ii Na A7I5 BiMYR ~~Ir4>al. Li lN. il?N ~laiae D. Dw~ D1y, It w fAT/ 1a•w A 7LArS O4,li }iwl,T37 VMkadu~a, 6~.Itlla ]~L1S1 ~4D.~.~4.Y14ailfbi 1Mri M~IdS.Bi.IL ila g7ll Aarrwr L. ~)~~ li Nw i10! Jdws MdiiaS 4i,. liL IIa lN3~ ca~r.~.r.le r. ~a ~ d. ro., sly 7~iaa L Cdra, ~., le. Na »vn ~~! ~ Daati 4, ii 11a Lf7A A.r..ca..rrlt~~ nwaans 1i~17JraF ~ Diw4 SYd1e~1N0 >'YiN+ily rA 1l1tLDA~ (21l~ SLF7N~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?6??w1tr a? ??tn?brr???0 r C`F THE FILED ( OF? QT y z 011 12 APB !o: „ COATY Jody S Smith Chief Deputy Richard W Stewart Solicitor Sovereign Bank vs. Don A. Bair, Jr. Case Number 2010-264 SHERIFF'S RETURN OF SERVICE 06/18/2010 05:35 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2010 at 1735 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: Don A. Bair, Jr., by making known unto, Lucille Bair, mother of defendant, at, 132 E. Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/21/2010 11:59 AM - Stephen Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1200 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 Don A. Bair, Jr., located at, 831 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 09/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Sovereign Bank, 601 Penn Street, Reading, PA 19601 , being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 776.67 SHERIFF COST: $776.67 October 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF cK-0? pd. fie, a, 00 f(- Cm. .s-o LJ- Pd, Ak-# 7e5.3 ;c) CountySuite Shenff. Teieosoit. Inc. R • *SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 2010-264- CIVIL DON A. BAIR, JR Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844. Name and address of Owner(s) or reputed Owner(s): Name 2. 3. 4. 5. DON A. BAK JR Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 132 EAST WINDING HILL ROAD MECHANICSBURG, PA 17055-5618 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) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) SOVEREIGN BANK 1130 BERKSHIRE BOULEVARD WYOMISSING, PA 19610 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. • 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 831 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2844 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA WALNUT VILLAS CONDOMINIUM ASSOCIATION P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 212 NORTH 3RD STREET HARRISBURG, PA 17101-1505 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. March 22, 2010 By: Attorney f PI til Phelan allin D& J Lawrence Phelan, E ., Id. No. 32227 ? Francis S. Ha sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 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 3 SOVEREIGN BANK : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO. 2010-264- CIVIL DON A. BAIR, JR CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DON A. BAIR, JR 132 EAST WINDING HILL ROAD MECHANICSBURG, PA 17055-5618 * *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 831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $115,119.32 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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. 2010-264- CIVIL SOVEREIGN BANK vs. DON A. BAIR, JR owner(s) of property situate in the BOROUGH OF MECHANICSBURG, Cumberland (Municipality) County, Pennsylvania, being 831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844 (Acreage or street address) Parcel No. 18-22-0519-001: U-P831- Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $115,119.32 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff' 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as 'Walnut Villas Condominium' located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann 3101 et seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985 and recorded on August 14, 1985 in Misc. Book Vol. 308, Page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985 and recorded on December 31, 1985 in the aforesaid Misc. Book 313, Page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987 in the aforesaid Office at Misc. Book 331, Page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded June 12, 1987 in the aforesaid Office at Misc. Book 335, Page 283, being and designated in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment, as Unit No. 831 as more fully described in such Declaration, as amended by such First, Amendment and S66ond Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid Office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record, including (but not limited to) those contained in the instruments recorded in the' aforesaid Office in Misc. Book Vol. 304, Page 227 and Misc. Book Vol. 304, Page 566. TITLE TO SAID PREMISES IS VESTED IN Don A. Bair, Jr., single person, by Deed from Gerald J. Lettich, married person, dated 02/23/2007, recorded 03/05/2007 in Book 279, Page 28. PREMISES BEING:'831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2844 PARCEL NO. 18-22-0519-001. -U-P831- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-264 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From DON A. BAIR, JR. (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 $115,119.32 L.L.$.50 Interest from 315110 to Date of Sale ($18.92 per diem) -- $3,556.96 Atty's Comm % Due Prothy $2.00 Atty Paid $199.50 Other Costs Plaintiff Paid Date: 4/9/10 David D. Buell, Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA, Known and numbered as, 831 Old Silver Spring Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: O&kk4"--, - ) Real Estate Coordinator i;?i]Z 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: July 16, July 23, and July 30, 2010 Aunt 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. 2030-264 Cull Li a Marie Coyne, ditor Sovereign Bank SWORN TO AND SUBSCRIBED before me this VS. 30 day of Jul 2010 Don A. Bair, Jr. y. Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 2010-264-CIVIL, SOVEREIGN Notary BANK vs. DON A. BAIR, JR. owner of property situate in the BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being 831 ¦? OLD SILVER SPRING ROAD, ME- NOTARIAL SEAL CHANICSBURG, PA 17055-2844. DEBORAH A COLLINS Parcel No. 18-22-0519-001.-U- Notary Public P831-. CARLISLE BOROUGH, CUMBERLAND COUNTY Improvements thereon: RESIDEN- MY Co1111111tii011 EXPIM Apr 28 2014 TIAL DWELLING. . , JUDGMENT AMOUNT: $115,119- .32. The Patriot-News Co. A20 Technology Pkwy Suite 30'0 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4e Patr1*otA%Xrews 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 Holly Blain, 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: 07/09/10 wrft No. 2010.264 civil Term 07/16/10 Sovereign Bank Vs 07/23/10 Don A. Bair, Jr. Atty: Daniel Schmlag By virtue of a Writ of Execution NO. 2010-264- CIVIL SOVEREIGN BANK Sworn to and scribed before me this,05 d ' of August 2010 A. D vs. , . = DON A. BfuR, JR r - owner(s) of property situate in the BOROUGH OF MECHANICSBURG, Cumberland - (Municipality) Notary Public County, Pennsylvania, being 831 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 055-2844 address) ) (Acreage or street adddress COMMONW.tALTH OF PENNSYLVANL4 Parcel No. 18-22-0519-OOI: U-P831- Notarial a, ``°°--- Improvements thereon: RESIDENTIAL DWELLING ? Sherrie L Kisner, Notary Public Mo T JUDGMENT AMOUNT: $115,119.32 n My Co??a wp- Dauphin County won Expires Nov, 26 2011 , Member, Pennsylvania Association of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Soverei nBank is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 9th day of April, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 264, at the suit of Don A Bair Jr against Sovereign Bank is duly recorded as Instrument Number 201028996. <}Ma '2 t , A.D. S IN TESTIMONY WHEREOF, I have hereunto set my hand . Z-2 and seal of said office this ?? day of