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HomeMy WebLinkAbout10-09964 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 227370 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 Defendant QP VE P?{CT, ONOTARY 2010 FEB -8 AM 10: 32 ClUk"J r,r-:.:A i fI t. ?t A r ti ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ID - Np aty R-Ferm CUMBERLAND COUNTY CIVIT, ACTION - LAW COMPLAINT IN MO, R;TGAGE F0RF,C1,0S1JRF. (3-5 *qa. Do Pp AYM NO 9*05a eT* cM73&1 File 4: 227370 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 thd!6Iai ri 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 #: 227370 a.' 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/08/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in In"Arument No. 200731338. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 227370 6 The following amounts are due on the mortgage: Principal Balance $127,858.13 Interest $8,699.52 02/01/2009 through 02/03/2010 (Per Diem $23.64) Attorney's Fees $650.00 Cumulative Late Charges ° $421.50 08/08/2007 to 02/03/2010 Property Inspections $41.40 Costs of Suit and Title Search $550-00 Subtotal $138,220.55 Escrow Credit $0.00 Deficit $1,089.55 Subtotal $1,0R9-55 TOTAL $139,310.10 7. 8 Plaintiff is nat seeking a judgment of personal liability (or an in ners? 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 #: 227370 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $139,310.10, together with interest from 02/03/2010 at the rate of $23.64 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. By PHELAN HALLINAN & SCHMIEG, LLP -1 _ _ r ??LLawrence T. Phelan, Esq., Id. No. 32227 L rani. S. Hallinan, Esq., Id. No. 62695 ? Daniel G., Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 227370 LEGAL DESCRIPTION ALL THE FOLLOWING described real estate, located in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set at the building corner of a two story brick house on Water Street in the Borough of Newburg, Cumberland County, Pennsylvania; thence along the edge of Water Street, South 16 degrees 10 minutes 59 seconds East 169.00 feet to an iron pin set at the Northern edge of an existing 12 foot alley; thence along the Northern edge of said alley, South 73 degrees 55 minutes 25 seconds West 86.15 feet to an existing iron pin at lands now or formerly of Glenn S. Minick; thence along said lands now or formerly of Glenn S. Minick and continuing along lands now or formerly of the Newburg United Methodist Church, known as Lot No. 2 on the hereinafter described subdivision plan, North 17 degrees 39 minutes 30 seconds West 168.88 feet to an iron pin set at the Southern edge of Second Street, in the aforesaid Borough and County; thence along said Second Street, North 73 degrees148 minutes 24 seconds East 90.94 feet to an iron pin, the place of BEGINNING. AND the said Grantor shall warrant specially the property hereby conveyed. UNDER AND SUBJECT TO, and together with, all conditions, restrictions, reservations, easements, notes rights-of-way, and matters of record. PARCEL NO.24-21-0390-159 PREMISES: 102 WEST 2ND STREET, NEWBURG, PA 17240-8125 File #: 227370 I q 1 1. 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. Attorney for Plaintiff DATE: loo File #: 227370 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F!? LE T)-'F!:0 P t^,T, R?/ 1 ??1\Y?'[6? D? L:I lfl fjFJy F??? 2Q E - FFB 19 c?. v 4 Sovereign Bank vs. Spencer A. Walak Case Number 2010-996 SHERIFF'S RETURN OF SERVICE 02/18/2010 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: Spencer A. Walak, 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 Spencer A. Walak. Request for service at 102 West 2nd Street, Newburg, PA 17240 appears vacant and is currently listed for sale. The Newburg Postmaster has advised Spencer A. Walak's new address is 255 Fox Hollow Road, Shermansdale, PA 17094. SHERIFF COST: $51.00 February 18, 2010 SO AN ERS, f rBONN R ANDERSON, SHERIFF fc; Gount,Suite Sher",t T eioosuft. Inc. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S, Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ,,, Keetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff ?r F1LE[) };,rr ti 2Q!0FE3 26 F111 1:43 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. SPENCER A. WALAK Defendants : CUMBERLAND COUNTY No. 10-996 CIVIL TERM X10 . a o PO A7" CV.* q Its 60$ e a3VO TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN H ,LINAN A SCUMIf G, LLP By: ? Lawrence T. Phelan, d. 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 Attorneys for Plaintiff Date: Fenn as 25, 9010 /jrm, Svc Dept. File# 227370 FILED-OFFICE OF THE PROTHMI TARY 2010 MAR -4 AM 10: 21 ,., "QTY PEN;vSYLVANA 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. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-996 CIVIL TERM SPENCER A. WALAK CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 227370 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallman & Schmieg, LLP Attorney for Plaintiff By: ? La ce T. Phelan, sq., Fd.No. 32227 ? Francis S. Hallina Es 6269 ? Daniel G. Schmieg, Esq., Id. No. 622 5 ? 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. es, Esq., Id. No. 86657 ? P r 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: 3-1-10 PHS #: 227370 VERIFICATION Constance M. Cocroft hereby states that she is a Vice President of SOVEREIGN BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Constance M. Cocroft DATE: February4, 2010 Title: Vice President Company: SOVEREIGN BANK File #: 227370 Walak 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. SPENCER A. WALAK Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-996 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 #: 227370 SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 Phelan Hallinan & Schmieg, Attorney for Plaintiff / By: ? La r e T. P an, , Id. No. 227 ? Francis S. H i sq., Id. N . 62695 ? Daniel G. Sc ieg, Esq., Id. o. 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 ones, Esq., Id. No. 86657 ? er 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: 3-1-10 PHS #: 227370 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff at cltjf?berj ,r OFF,CE (;F'?F SF ERiFP P(LFD--tic=r;?? +.?F THc P?rT? ;pTAPY Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010 MAR -5 Air 5• Q2 CUI,r'' {..I YAMi ?rLWA JA Sovereign Bank vs. Spencer A. Walak Case Number 2010-996 SHERIFF'S RETURN OF SERVICE 02/26/2010 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: Spencer A. Walak, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/03/2010 Perrry County Return: And now, March 3, 2010 I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Spencer A. Walak the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Deputies were advised Spencer A. Walak is residing in Memphis, Tennessee. SHERIFF COST: $37.00 March 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;m CountySuite Shen f, Teleoso`t, Inc. SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2010-996 Cumberland County Sovereign Bank VS Spencer A. Walak 255 Fox Hollow Rd. Shermans Dale, PA 17090 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Spencer A.Walak but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosrue for the above named Defendant(s) Spencer A. Walak at 255 Fox Hollow Rd. Shermans Dale, PA 17090. NOT FOUND. DEFENDANT MOVED TO MEMPHIS TENNESSEE. Sincerely, Z421 'r 'V - Sworn and subscribed to before me this 3c J day of _ A , 2010. COMMONWEALTH F NNSYLVANIA NOi'A IAL SEAL MARGARET r. FLICKiNGER, NQtay Public Oi00WIISId Bork. Furry Co=unty Commission Ex ire Feb.16,2012 Carl E. Nace Sheriff of Perry County In The Court of Common Pleas of Cumberland County, Pennsylvania Sovereign Bank vs. Spencer A. Walak 255 Fox Hollow Road Shermansdale, PA 17094 Civil No. 2010-996 Now, February 26, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?q(4- t /ShentlofCumberlandCounty,PA, Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to and made known to Sworn and subscribed before me this day of 20 So answers, the contents thereof. Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA copy of the original .~f r r1 rr ~ -, r ' rl~{~4~ a ~ Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ,, r.- ~. ~~ + ' Francis S. Hallinan, Esq., Id. No. 62695 20~~ ,~Ji~ LJ ~=i'i t~ Daniel G. Schmieg, Esq., Id. No. 62205 _ Michele M. Bradford, Esq., Id. No. 69849 C ~~ ' Judith T. Romano, Esq., Id. No. 58745 3-'~vf~~,~"'-•+''`~""'~~'~ Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., ld. 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., ld. 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, F,sq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?15-56'i-7000 SOVEREIGN BANK Plaintiff vs. SPENCER A. WALAK Defendants ATTORNEY FOR PLAIN"MIFF COUKT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 10-996 CNII, TERM PRAFC'IPF, 'Tn RFiN~TATF ('NIi AC'TinN/MORTGAGF FnRFC'I nSURF ,~ia~ o d ®~ a-~7 ~~79ss Q~~ ~/y ~3 .~ r TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PI~LAN H~.LINAN & SCHMIEG, LLP By: y .,--- ---- ^ Lawrence T. Phelan, Esq., Id. No. 32227 0'F ncis S. Hallman, 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-.iani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. "babas, Esq., 1d. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ .iaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua L Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: June 2~, p 10 /jrm, Svc Dept. Pile# 227370 } IN THE COURT OF COMMON PLEAS JUN 2 $ 2010 G CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank Civil Division vs. No. 10-996 Civil Term Spencer A. Walak ORDER AND NOW, this Z~S 1 ~t day of ~ c.e~~, , 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Spencer A. Walak, by: 1. Posting of the premises: 102 West 2nd Street, Newburg, PA 17240 by the Sheriff or a non-party competent adult; 2. First class mail to Spencer A. Walak at the mortgaged premises located at 102 West 2nd Street, Newburg, PA 17240; and 3. Publication in accordance with PA. R.C.P. 430. it is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COUR`C: /r~j ~ ~~ Cc: /Spencer A. Walal: ~ ~ ,l, ~: ~.` ~ _-~ 102 West 2nd Street ~ : _ ` ~' ~-n Newburg, PA 17240 ~., . ., r __ ~~ .. PF{SH 227370/.IRM - - ~ I ( C - ~O t~t;S m~.t, l~l~ - ~ ~,4/~v .~ „^ 2 ~ .. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank Civil Division vs. No. 10-996 Civil Term Spencer A. Walak JUN 2 8 2010 ~ ORDER AND NOW, this ~~,~ day of ~ c~r_ , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Spencer A. Walak, by: 1. Posting of the premises: 102 West 2nd Street, Newburg, PA 17240 by the Sheriff or a non-party competent adult; 2. First class mail to Spencer A. Walak at the mortgaged premises located at 102 West 2nd Street, Newburg, PA 17240; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: /Spencer A. Walak 102 West 2nd Street Newburg, PA 17240 P{{S~ 227370/JRM `` ( e 1'ES m~~l~.~l.~ ~ ~.q~rv ~~ 2 BY THE COURT: '~ ~ CJ ~/ ,f . ~, ~~ ~.;; L_ ' . ~~, Si4.. '` .l .~ ~\ Q c_, c~ r~ ~.v ~. t ~ _+, C.a `~i :~ fi r --, ;n :-, :~ ~ 4'r :_ ~., T-r Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 / Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ~ ~ _5.5~~_~oon SOVEREIGN BANK Plaintiff ~~ TI''~ - ~- „`:~`~ Qwl ~ ~ 53 ~/J'•. ~. ''ti i Y ~~ ~ ,, - . ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION vs. CUMBERLAND COUNTY SPENCER A. WALAK Defendants No. 10-996 CNIL TERM #ro. oo Po Al tti/ CTQ813(o~S R,~t aN sq4(, TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: hilT7, 2~1 ~ PHELAN U 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. J sq., Id. No. 86657 ^ P .Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff /jrm, Svc Dept. File# 227370 ,~ M f-~ - ~ ! ie ! ~ - - E`er 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 215-5f'i-7000 Sovereign Bank Plaintiff vs. Spencer Walak Defendant(s) n r - LC~IQ F;vu ~~ ~"~ r ~ 1 ~v~s s" pn~ ! ~rs i'i_~ , ~'~. '', COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 10-996-civil term AFFIDAVIT OF SERVICE OF COMPLAINT BV MA[[. PURS[1ANT Tn C'n[JRT nRDFR ,~~ 1 I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular to the following person Spencer Walak at 102 West 2nd Street, Newburg, PA 17240, on ~g ~c 4, .010, in accordance with the Order of Court dated 6/28/10. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: A~~o Est 4,~ PHELAN HALLINAN & SCHMIEG, LLP ~.. By: Lawrence T. Phelan, q., Id. No. 32227 Francis S. Hallman, 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 .~ieetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff PHS# 227370 JRM SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor y~s~a~~~~ nC ~`aiurf~~~,~~+~~ ~G ~ ..~ ;~dr;it=~ aolo wut~ °~ ~w- ~•.s~ ~- Sovereign Bank vs. Case Number Spencer A. Walak 2010-996 SHERIFF'S RETURN OF SERVICE 08/05/2010 04:40 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 5, 2010 at 1640 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Spencer A. Walak, pursuant to order of court by posting the premises located at 102 West 2nd Street, Newburg, Cumberland County, Pennsylvania 17240 with a true and correct copy according to law. SHERIFF COST: $46.00 August 06, 2010 ^~ RYAN BURGETT, DEPUTY SO ANSWERS, ~~ RON R ANDERSON, SHERIFF (Ci CounySui[e ShFnti, Teeosoft. Inc. ( L T~'~. ', a a ~ ~a~' 1 ~ Rm ll: ~ '7L. .,-~~ l l,'v',_ ~ i ~- t- 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 ,laime 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 215~63s()on SOVEREIGN BANK vs. Spencer Walak ATTORNEYS FOR PLAINTIFF Court Of Common Pleas Civil Division Cumberland County No. 10-996-civil term I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated 06/28/10 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on 07119110 and Cumberland T.aw .T carnal on I18L2L1i1. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: Phelan Hallinan & mieg, 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 Ju ith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: August 13, 2010 PHS+I 227370 j rm PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): duly 29, 2010 COPY OF NOTICE OF PUBLICATION `~ NOTIC~ OF ACTION IN MORTGAGE FORECLOSURE ~" - ._.___ _...._ .__ _ _ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -.LAW :at hey She IS not COURT OF ~OMMON PLEAS latter Of the SOVEREIGN BANK vs. ~sement, and that CIVIL DIVISION SPENCER A. WALAK CUMBERLAND COUNTY Oing Statement aS NO. 10-996 CIVIL TERM ''-r Of pUbhCatlOn NOTICE ~ TO SPENCER A. WALAK: ~~~ You are hereby notified that on 02/8/10, Plaintiff, SOVEREIGN BANK, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 10-996 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property;located at 102 WEST 2ND STREET, NEWBURG, PA 17240 whereupon your property would be sold by the Shenff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. Before me th1S NOTICE If you wish to defend, you must enter a written appearance'personally or byattorney and file your defenses or objections m writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment ~ ~ ~) I may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or rrr%%% III property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 ~~~~~~~~~~.(/LGl1 l/L 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 OFFEa LEGAL SERVICES TO ELIGIBLE PERSONS AT A, REDUCED FEE OR NO FEE. CUMBERLAND COUNTY lry PUbIIC LAWYER REFERRAL SERVICE j CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BDFORD STREET i CARLISL, PA 17013 (800)190-9108 ~~~^~.~ NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid., was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): iuly 29, 2010 COPY OF NOTICE OF PUBLICATION ~d to the pending transaction. -Associated Press ~ CflNf l Affiant further deposes that he/she is not interested in the subject matter of the I and that aforesaid notice or advertisement r , D id L ations in the foregoing statement as all alle av g )-- 11,500 „ o 30.yearc Commerci~ to time, place and character of publication 0o ~ Additions ------ --- ,osoo - - ,0,000 new construct electrical, p masonry, patios are true. // ///~//J -- -- - -- - 9,500 M J J Fully insured ; 776-670C e i ~fi~/'- Hlgh 10,548.52 Low 10,463.22 _...-..-_._ _ ____._.___ 2,800 - ~~ ~~'#'~~~ 2,600 - ~"~ .. ~. 2,400 Need Assistanc Sworn to and subscribed before me this - 2,200 ~~ ~ 2 000 experienced in ~~ ~ , - - ~--------- 1,800 drafting. fyew/ads Harr Ande. ~ ~ /l' ( llliii High 2,292.24 Low 2,257.76 _. ._ _ 1.400 ~ G ~ .__ _..- -.---- 1.300 -.. _ l~/l.C~./ l/ L - ....._ _ __. 1.200 1,100 J.L. RUTH 42 ears famil o' NOtary PUbhC - 1,000 _ ............ ..._:: ----- 900 y y Master License. 800 Residential Servi~ M J J & New Home W~~ Free Estimates High 1,114.66 Low 1,103.11 Fully Insured Ca11717-697- '~ Nly commission. expires: NOTARIAL SEAL BAM81 ANN HfCKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 CUMBERLAND LAW JOURNAL xo~cx of Acrtox ix MORTQAt~E FORECL08URE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-996 CIVIL TERM SOVEREIGN BANK vs. SPENCER A. WALAK NOTICE TO SPENCER A. WALAK: You are hereby notified that on February 8, 2010, Plaintiff, SOV- EREIGN BANK, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 10-996 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 102 WEST 2ND STREET, NEWBURG, PA 17240 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered againatyou. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Aug. 6 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. Yau are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. (~ ~, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 <--~ ~' _~ ,Lisa arie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 6 day of August, 2010 Notary ~o~ e~x OHORAII A COI,L,111~ No11rY IAi1Me ~OIIOtIGI. CIIM!llq.N~Ip y!1 ~~ fal~iliM Apt ~ X6/1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz August 6, 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. IV FILED-oT, CE CRY r I () x-11 14 AM 10: 5 0 CUB WUNTY PENNSYLVANIA 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. SPENCER A. WALAK Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-996 CIVIL TERM Vt/ - 00-!CLAA( (!x416d:Z8L7 2-*'.2YSt42, &)041cc afar " 227370 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 SPENCER A. WALAK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $139,310.10 Interest - 02/04/2010 to 09/09/2010 $5,153.52 TOTAL $144,463.62 I hereby certify that (1) the Defendant's last known a ress is 102 WEST 2ND STREET, NEWBURG, PA 17240-8125, and (2) that notice has 'been g en i accordance with Rule 237.1, copy attached. L'Lawrence T. Phelan, Esq.,. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith Romano, Esq., Id. No. 58745 ? She 1 R. Shah-Jani, Esq., Id. No. 81760 ? J me 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: c/ PHS # 227370 PROTHONOT RY 227370 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK : CUMBERLAND COUNTY VS. SPENCER A. WALAK : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-996 CIVIL TERM 227370 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 SPENCER A. WALAK is over 18 years of age and his last known residence is 102 WEST 2ND STREET, NEWBURG, PA 17240-8125. This statement is made subject to t e enalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authoriti4s. () IJ(3 Date: LJ 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 ? Sh 1 R. Shah-Jani, Esq., Id. No. 81760 ? nine 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 227370 r • 1 IN71 HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank Civil Division vs. No. 10-996 Civil Term Spencer A. Walak ORDER AND NOW, this 4'-- day of ? jjj.6iF , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Spencer A. Walak, by: I. Posting of the premises: 102 West 2nd Street, Newburg, PA 17240 by the Sheriff or a non-party competent adult; 2. First class mail to Spencer A. Walak at the mortgaged premises located at 102 West 2nd Street, Newburg, PA 17240; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: Spencer A. Walak 102 West 2nd Street Newburg, PA 17240 PHS# 2273701JRM BY THE C URT: ?. J. 2 SOVEREIGN BANK v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-996 CIVIL TERM SPENCER A. WALAK CUMBERLAND COUNTY Defendant(s) TO: SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 1 7240-8 1 25 DATE OF NOTICE: August 27, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY 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. PHS 9 227370 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: V j-" Lawrence Ian, Esq., Id. No. 32227 Francis Hall an, Es q., Id .o.62695 Daniel G. Sch 'eg, Es q. No. 62205 Michele M. Bra , sq., 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-isovalante P. Fliakos, Esq., Id. No. 94620 .Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 9 227370 (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SPENCER A. WALAK CIVIL DIVISION No. 10-996 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 9 1 byl It> By: \ 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 M. Bradford, Esq., Id. No. 69849 V Romano, Esq., Id. No. 58745 . Shah-Jani, Esq., Id. No. 81760 Davey, Esq., Id. No. 87077 . 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 or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 227370 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SOVEREIGN BANK Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v SPENCER A. WALAK Defendant(s) NO.: 10-996 CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/10/2010 to Date of Sale ($23.75 per diem) $144,463.62 $6,293.75 TOTAL t T w ? Cj= uz G1..?4 Q ?? C3 $150,757.37 -t- A_ Aj V?l attorn*y for Plaintiff • ?? Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren.R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L.'Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Note: Please attach description of property. PHS # 227370 IV, O 0 ;z. o OOOS? ?. Q?+N Q a ¢ cFi? ? ? •- r? RS o o?'ts m Uo z ??z v wz 0 W a C-4 a-, 'to- Q\ -M0 V ? o v, _ y M N N M M O O Z C5 C5 O kn F-i W ^ O??O G? O8MON OO Oa, W wz O oz ozooo N„?? o o?. c ozr, +?+ O o v,...,•?z?ZZZo`OOz-6 b Z O w? crb c? oti -O'er OU 3 3 `? lbw =;,w ?w g w . R4 Gc' as E? x ? ova i° ?, i y ? v? o o ? ?q 3 O W o A4 '-° a=te A ' [oa ?-`?C7 ?,U o -; ro w 030 V a WQ ?' w'??H _E ?? 3 > 01 V v1 > a w ??? ?????????????? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. SPENCER A. WALAK Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 10-996 CIVIL TERM : 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. cY?' tom.. to ? c*a ? ?, ? Cj l?r Cc Z t? d cow By: Atto f Plaint Phelan Ha linan & Schmieg, LLP ?? Lawrence T. Phelan, Esq., Id. No. 32227 ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 RMichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 SOVEREIGN BANK Plaintiff V. SPENCER A. WALAK Defendant(s) FILED-Of FICE 2010 DEC 17 PM 3: 17 CUMBERLAND COUNT i` PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-996 CIVIL TERM CUMBERLAND COUNTY PHS # 227370 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 102 WEST 2ND STREET, NEWBURG, PA 17240-8125. Name and address of Owner(s) or reputed Owner(s): Name 2 3 SPENCER A. WALAK Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 102 WEST 2ND STREET NEWBURG, PA 17240-8125 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 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 102 WEST 2ND STREET NEWBURG, PA 17240••8125 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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 o authorities. December 6, 2010 By: bQ??? Attorney for Plainti Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, :Esq., Id. No. 32227 ? F antis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford., Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett„ Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 It SOVEREIGN BANK P Tff? PE19[) FICA 0 T/-A f?Plaintiff 2010 ©fC 7 PH 3: 17 4M8 ERL4tjD PENNSV : COURT OF COMMON PLEAS SPENCER A. WALAK : CIVIL DIVISION : NO.: 10-996 CIVIL TERM Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 "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 102 WEST 2ND STREET, NEWBURG, PA 17240-8125 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $144,463.62 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. 14. 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 LEGAL DESCRIPTION ALL the following described real estate, locally known as 102 West Second Street, located in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set at the building corner of a two story brick house on Water Street in the Borough of Newburg, Cumberland County, Pennsylvania; thence along the edge of Water Street, South 16 degrees 10 minutes 59 seconds East 169.00 feet to an iron pin set at the Northern edge of an existing 12 foot alley; thence along the Northern edge of said alley, South 73 degrees 55 minutes 25 seconds West 86.15 feet to an existing iron pin at lands now or formerly of Glenn S. Minick; thence along said lands now or formerly of the Glenn S. Minick and continuing along lands now or formerly of the Newburg United Methodist Church, known as Lot No. 2 on the hereinafter described subdivision plan, North 17 degrees 39 minutes 30 seconds West 168.88 feet to an iron pin set at the Southern edge of Second Street, in the aforesaid Borough and County; thence along said Second Street, North 73 degrees 48 minutes 24 seconds East 90.94 feet to an iron pin, the place of beginning. CONTAINING 0.3433 acres, more or less, and designated as Lot No. 1 as per Subdivision Plan for Newburg United Methodist Church prepared by Eric L. Diffenbaugh, R. S., dated July 8, 1990, revised August 06, 1990, and recorded in Cumberland County Plan Book 61, at Page 64. AND the said Grantor shall warrant specially the property hereby conveyed. UNDER AND SUBJECT TO, and together with, all conditions, restrictions, reservations, easements, notes rights-of-way, and matters of record. TITLE TO SAID PREMISES IS VESTED IN Spencer A. Walak, single, by Deed from Edith E. Scheller, single, dated 08/08/2007, recorded 08/09/2007 in Instrument Number 200731337. PREMISES BEING: 102 WEST 2ND STREET, NEWBURG, PA 17240-8125 PARCEL NO. 24-21-0390-159. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-996 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From SPENCER A. WALAK (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 $144,463.62 L.L. $.50 Interest from 9/10/10 to Date of Sale ($23.75 per diem) -- $6,293.75 Atty's Comm % Atty Paid $286.50 Plaintiff Paid Date: 12/17/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs i T David D. Buell, Prothonotary By: Deputy Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 OF THE ppopjon Et BAR), "I'MAR29 A1111:51 CtIMPBES?t? COi?Pj;'??, ANN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK Plaintiff Court of Common Pleas Civil Division V. SPENCER A. WALAK Defendant CUMBERLAND County No.: 10-996 CIVIL TERM RULE AND NOW, this Z Cb 11, day of M 2, ? 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT L11 , J. 227370 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 / SPENCER A. WALAK J 697 HARBOR EDGE DRIVE APT 302 MEMPHIS, TN 38103 Allison F Wells, E PN+s SPENCER A. WALAK 255 FOX HOLLOW RD SHERMANS DALE, PA 17090-8409 OOP \49ded ie-s 3laQ DID 227370 227370 APP, -6 AM 10- 02 CUMBERLAND COUNTY PENNSYLVANIA 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 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 SPENCER A. WALAK No.: 10-996 CIVIL TERM Defendant CERTIFICATION OF SERVICE 227370 I hereby certify that a true and correct copy the Court's Rule dated March 28, 2011, was sent to the following individuals on the date indicated below. SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 SPENCER A. WALAK 255 FOX HOLLOW RD SHERMANS DALE, PA 17090-8409 SPENCER A. WALAK 697 HARBOR EDGE DRIVE APT 302 MEMPHIS, TN 38103 DATE: 910 1 Phelan U Lawrence-Phelan, Esq., I o.32227 ? Francis S. Hallinan, Esq., k. . 62695 ? Daniel G. Schmieg, Esq., I . o. 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 227370 '10t% TARY r 1 ' F1120 if: c} ! 1°'NN!SYLVA t I A 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County SPENCER A. WALAK No.: 10-996 CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE 227370 SOVEREIGN BANK, by and through its attorney, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on March 24, 2011. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 14, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. A Rule was issued by the Honorable J. Wesley Oler, Jr. on or about March 28, 2011 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 5, 2011 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 18, 2011. 227370 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan chmieg, LLP DATE: By: ? Lawrence el, 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 ZSheetal 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 227370 A Motion to Reassess Damages was filed with the Court on March 24, 2011. A Rule was entered by the Court on or about March 28, 2011 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 5, 2011 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 18, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan allin S ieg, LLP DATE: By: ?? ? Lawrence T. Pheldo, q., 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 [ZSheetal 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 227370 Exhibit "A" 227370 S ? J S a O? O 00 M O z C4 o O F. 000 V ] a r ? ? N 0. Gn d d ? Q. Q V ? o rA a Z M d H w w a ? w W C o o C a ? W 3 ? o ? o w •? a A a W o y ? O d 3 „? U F v 00 p M y ra ra ¢cn° ? d d d cd x U W W W . O v r W W W z? a 'o z ? Q) p 6 O O Z en en N N N N U N N N a x a I ? L o . C b ? •C Z d O a .? N M ? Vl - C C J N C .n F G v? Q O - ? C Q C v E c v v; Y. N U L O n j C q E G r. UJ ? ? u c a o - =n c A 3 N U ?E c ? ? ? c a 1tl - E E ? c •o u ? c ?? b N F ? a E 1' ?`Gw E ° c ? U?O rN.4 A F o E k v " v o - c r ? '- a o ` ro o z? w ? N p E C O FA ' ^^ c o w E a o ? a - N j ? N -° z rn ? ,u. N p o o N ? o ? L a 0 A ?u O G aW ?N ?o c o ..a ?b z> v U •O P N E zy ? v O N M ? X17 ? c'r1 N N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 14, 2011 SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 RE: SOVEREIGN BANK v. SPENCER A. WALAK Premises Address: 102 WEST 2ND STREET NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10-996 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 aim seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 21, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, 1 renceePli Ian, E ire 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 Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquires Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Enclosure Exhibit "B" 227370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK Plaintiff V. SPENCER A. WALAK Defendant Court of C6mmon Pleas Civil Division CUMBERLAND County No.: 10-94 CIVIL TERM RULE AND NOW, this Sje[!? day of Marrh 2011; a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file; a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this mutter. BY THE COURT tal J. am? 227370 Exhibit "C" 227370 E s ?L. S ttJ? t'i6 •€ t';k f ,MFR -? AP11 is 'ENH3 Yt..€?e 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. SPENCER A. WALAK Defendant Attorney € ,., lease to ATTORNEY FOR PLAINTIFF File 'Opy On §I Court of Common Pleas Civil Division CUMBERLAND County No.: 10-996 CIVIL TERM CERTIFICATION OF SERVICE 227370 I hereby certify that a true and correct copy the Court's Rule dated March 28, 2011, was sent to the following individuals on the date indicated below. SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 SPENCER A. WALAK 697 HARBOR EDGE DRIVE APT 302 MEMPHIS, TN 38103 DATE: q I d I' SPENCER A. WALAKj 255 FOX HOLLOW RI) SHERMANS DALE, PA 17090-8409 Attorney File Gop? Tease Return Phelan "Lawrence "I-"Phelan E q., Id. o; 32227 0 Francis S. Hallinan, Es q., Id. 62695 Daniel G. Schmieg, Es q., l . o. 62205 Michele M. Bradford, ., Id. No. 69849 Judith T. Romano, Esq, Id. No. 58745 ? Sheetal R. Shah-Jani, q., Id. No. 81760 ? Jenne R. Davey, Esq., Id. No. 87077 [l Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. Igo. 86657 ? Peter J. Mulcahy, Esq., j1d. No. 61791 Andrew L. Spivack, Es ., Id. No. 84439 n Chrisovalante P. Fliako , Esq., Id. No. 94620 Q Joshua I. Goldman, Esc., Id. No. 205047 n Courtenay R. Dunn, Es ., Id. No. 206779 w C. Bramblett, sq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq. Id. No. 308951 ATTORNEY FOR PLAINTIFF 227370 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I'am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief The undersigned understands that this statement herein is made subject to the shorn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & ieg, { LLP DATE: By: ? Lawrence T. P el , Esq. Id. No. 32227 ? Francis S. Hallinan, Esq., $d. No. 62695 ? Daniel G. Schmieg, Esq., $d. No. 62205 ? Michele M. Bradford, Es, Id. No. 69849 ? udith T. Romano, Esq., 14. No. 58745 Z Sheetal R. Shah-Jani, Esgj, Id. No. 81760 ? Jenine R. Davey, Esq., Id. i No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Idj No. 202331 ? Jay B. Jones, Esq., Id. No.1 86657 ? Peter J. Mulcahy, Esq., Id.i, No. 61791 ? Andrew L. Spivack, Esq., ?d. No. 84439 ? Chrisovalante P. Fliakos, > 'sq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., 'U No. 206779 ? Andrew C. Bramblett, Esq I ., Id. No. 208375 ? Allison F. Wells, Esq., Id. ?io. 309519 ? William E. Miller, Esq., 10. No. 308951 ATTORNEY FOR PLAINTIFF 227370 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Court of Common Pleas Plaintiff : Civil Division vs. CUMBERLAND County SPENCER A. WALAK No.: 10-9961CIVIL TERM Defendant CERTIFICATION OF SERVICE 227370 I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individual on the date indicated below. SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 SPENCER A. WALAK 697 HARBOR EDGE DRIVE APT 302 MEMPHIS, TN 38103 DATE: q ?? o SPENCER A. WALAK 255 FOX HOLLOW RD SHERMANS DALE, PA '17090-8409 Phelan Hallina?ieg, i LLP By: Lj Lawrence T. Phelan, F q.' Id. No. 32227 ? Francis S. Hallinan, Esq., ?d. No. 62695 ? Daniel G. Schmieg, Esq., ?d. No. 62205 ? Michele M. Bradford, Esc., Id. No. 69849 EDudith 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,1 No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Ida No. 61791 ? Andrew L. Spivack, Esq., ?Id. No. 84439 ? Chrisovalante P. Fliakos, t.sq., Id. No. 94620 ? Joshua 1. Goldman, Esq., ?d. No. 205047 ? Courtenay R. Dunn, Esq., ;Id. No. 206779 ? Andrew C. Bramblett, Esc., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Icy. No. 308951 ATTORNEY FOR PLAINTItF 227370 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelpi' PA 19103 215-5,63- (0 SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. r CIVIL DIVISION C': SPENCER A. WALAK NO. 10-996-CIVIL TERNIP '?rl J N D C) Defendant(s).[ i AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE ?$ ED -n PURSUANT TO P.R.C.P., 404(2)/403 o E5 nr.' I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above.-; captioned matter was sent by regular mail to SPENCER A. WALAK on FEBRUARY 25, 2011 in accordance with the Order of Court dated JUNE 28, 2010. The property was posted on MARCH 3, 2011. Publication was advertised in CUMBERLAND LAW JOURNAL on MARCH 4, 2011 & in THE SENTINEL on MARCH 1, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: Phelan Hallinan & Schmiegg, LLP Lawrence 1'. Phelan, Esq., 1d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esg., 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. Ito. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 JJ?yy B. Jones, Esq. Id. Flo. 86657 , Id. No. 61791 teeter J. Mulcahy, hIs Andrew L. Spivack, q., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante 11. Fhakos, Esq Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenayy R. Dunn, Esp., Id. No. 206779 Andrew C Bramblett, Esq, Id. No. 208375 Allison Wells, I,sq., Id. No.-309519 Attorneys for Plaintiff Dated:-(3-(( • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank Civil Division vs. No. 10-996 Civil Term Spencer A. Walak ORDER AND NOW, this ;2A4 L- day of , 2010, upon mar. consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Spencer A. Walak, by: 1. Posting of the premises: 102 West 2nd Street, Newburg, PA 17240 by the Sheriff or a non-party competent adult; 2. First class mail to Spencer A. Walak at the mortgaged premises located at 102 West 2nd Street, Newburg, PA 17240; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is-hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: Spencer A. Walak 102 West 2nd Street Newburg, PA 17240 PHS# 227370/JRM BY THE C URT: J. 2 i roo ., z cn .A w t.? ? d Q ~ CD ? ' 1F aF .? iF 1F !F iF # lF b? Nz o ?? y r x no ?. 3 0 '70 ao i i iF 9F # iF I I 5 r ?c 00 to 4?, w N iF iF '!E iF iF -)E 9F iF iF iF iF iF iF iF iF 1F z? F !F Q y iF -0 z ?[" A 0 7G y a >d? N O ? ? o g?P? ?St?1F pTNEY gpyyESYF $ 01.26° 02 1M FEB 25 2011 6[l 0004277256 MAILED FROM ZIP CODE 19 10 3 ?I 0 ?a a ? ego d ? Q A A b A A b° r to N+ w C Z C R? x C :: l17 A O AFFIDAVIT OF SERVICE PLAIMI FF CUMBERLAND COUNTY SOVEREIGN BANK , PHS # 227370 DEFENDANT SERVICE TEAM/ lac SPENCER A. WALAK COURT NO.: 10-996 CIVIL TERM SERVE SPENCER A. WALAK AT., TYPE OF ACTION 102 WEST 2ND STREL+T XX Notice of Sberffs Sale NEWBURG, PA 1724"12S SALE DATE: OWIM11 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to SPENCER A. WALAK Defendant on the 30day of MC W , 2011 at 0 3 o'clock A. M., at 102 W . ` W D STS Elv6WA, P/i in the manner described below: - Defendant personally served _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Mamager//Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of busines& an officer of said Defendanfs company. Other. Description: Age Height Weight Race Sex Other I, hkL 1_ C A40 LL , a competent adult, being duly swo' in according to law, depose and state that I personally DOSTb .l coded a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _3. day r of 206. J N By, I On of , 20 , at - NOT WAM o'clock _. M.; Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Swoon to and subscribed before me this day of - By: Notary: kfMKRLY CI RTY NOMI? Y Pt;B EC STATE: t)i= N 'N JERSEY `•.91 C:;.i'i$S10?+ ii^:,'!RS MAFCH i, 2013 ATTO1tNSY FOR PLAMT FF L&Ms .PYIs,IIN,riNw=W FeadrB ftMM0N q6Y N& 0W DnWG.8ftmk& %.KN&WK Docb&]k - -- -,aq?.]Lmaafl9 J0?7 a WM%z0 .,li Na nW SMohii sW,t??, &?, k N?p7N JMW1LDwq b*,1&ft=" Lws R 7fin, 8%.1L W "Z7 vk& srh=W%a,,.,riX&21zm Jws.J?,aq,m Nanw PMer J.1NW Mb3, X1%j& Nw 61791 AwtswL.stirwit, ILNwf" C1 I I I P.FNduw ft%hLW9*X JMrnLC 1dws,ay.,liN.]Wt7 c wftwLD=e4r4q, KNL2WM A1rsP.Nii,ay,bLft3 519 =L=,.; Y. Nw r 1A7J r .Kmw 8d471I0 lWiWPA 19103-1814 (Z15)5d3-7W PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 4, 2011 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. Li Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 4 day of March, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 a ti CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-996-CIVIL TERM SOVEREIGN BANK VS. SPENCER A. WALAK NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: SPENCER A. WALAK Being Premises: 102 WEST 2ND STREET, NEWBURG, PA 17240- 8125. Being in NEWBURG BOROUGH, County of CUMBERLAND, Common- wealth of Pennsylvania. 24-21-0390-159. Improvements consist of residen- tial property. Sold as the property of SPENCER A. WALAK. Your house (real estate) at 102 WEST 2ND STREET, NEWBURG, PA 17240-8125 is scheduled to be sold at the Sheriffs Sale on JUNE 1, 2011 at 10:00 A.M., at the CUMBERLAND County Courthouse to enforce the Court Judgment of $144,463.62 obtained by, SOVEREIGN BANK (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Mar. 4 15 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland ackie Cox, Retail Sales Manager,, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 1 2011 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10.996-CIVIL TERM SOVEREIGN BANK VS. SPENCER A. WALAK NOTICE TO: SPENCER A. WALAK NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" Being Premises: 102 WEST 2ND STREET, NEWBURG, PA 17240-8125 Being in NEWBURG BOROUGH, County of CUMBERLAND Commonwealth of Pennsylvania 24-21-0390-159 Improvements consist of residential property. Sold as the property of SPENCER A. WALAK Your house (real estate) at I WEST=STREET. NEWBURG. PA 17240-8125 is scheduled to be sold at the Sheriff's Sale on ,JUNE t1 2011 at 10:00 AM, at the CUMBERLAND County Courthouse to enforce the Court Judgment of $144.463.62 obtained by, SOVEREIGN BANK (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication ark ?ue. Sworn to and subscribed before me this 2-51 !Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 IN THE COURT OF COMMON PLEASE N OF CUMBERLAND COUNTY, PENNSYLVANIA C ' --i SOVEREIGN BANK CUMBERLAND COUNT %, -'D r- Plaintiff, ?o COURT OF COMMON P) -r_ rn V. ?r - Ca m -n CIVIL DIVISION SPENCER A. WALAK Defendant(s) No.: 10-996 CIVIL TERM ° AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Cer ' ail Return Receipt stamped by the U.S. Postal Service is attached hereto Ex Date: 2 Z it LJ Lawrence T. "an' Esq., Id. No. 32227 ? Francis S. al an, Esq., Id. No. 62695 ? Daniel ieg, Esq., Id. No. 62205 r-1 Michel 4 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. Jon , Esq., Id. No. 86657 e7E]PeovMulcahy, Esq., Id. No. 61791 w L. Spivack, Esq., Id. No. 84439 alante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff IMPORTA 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 227370 i w E 0 L6 4 3400d[Z WONA U3lIVW OIoz OLOM 9SLLLZti000 OzS"zo $ M z o 536'U" .,. , ,...?../?.,/ r a 0 O 0 F h O0 ti L Z O F " a c?0 O c a?. 0 c L '`" a D ao .`av o w a 04 ??* t A ou y F .Nr ?, d E ISO v o x ?+ aW 00 Am ?j 'L? ? "' t` ?r t? h y ?aN W v 00 0 • •q `' q. r7 r Aa p C V M O "? L .., 'er ° w+ v t- O ., 3 V1 G N N 47 w L. d .. a ° W n. Q a V N o mU C « so , L,Q ?t n g o v GO U .. a O < U F w A4 °xa 3 dN > >.a. a is E w??p a p . x a? aF ?pq ;?? L ? o E o? t -.m ao00 ° ? •? ;4 ALL v -. 2 7? EZ r3 Na ? O _9 6Z L iYl.L E E Lam o G? d ? ) Oa s1?o TC O ZF aoI- z oU,Ma Ca...V o O a U?ax oS ? ..p V r/? ?? w ppc= x U? V .,. ., ,N ...,U a? .o ? b Q N 6 14 y z¢O a~ N 1rn I'w Itn Igo 0 N x a M x so?g ?. s ' N g . 6y •g 1 C i ? t .? ?e u y N r V Y. h p ?PPP??i ? C -19Og0 V .? O N?•? ??77 M ipiTa `o ° D b O .p ? N Q 'C 'O AX u?i q N G 0 a a? s ?a a oT a t- c4 en T tn i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?;- = " Sheriff `Al' Jody S Smith ??•;tr of Canr,brrf L L: i - ? Chief Deputy PPP 2: [ Richard W Stewart Solicitor i (r VA Sovereign Bank I vs. Spencer A. Walak Case Number 2010-996 SHERIFF'S RETURN OF SERVICE 03/18/2011 11:28 AM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 102 West 2nd Street, Newburg, PA 17240, Cumberland County. 03/18/2011 11:28 AM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Spencer A. Walak, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 102 West 2nd Street, Newburg, PA 17240. defendant does not reside at address stated, left a forwardin at Post Office of: 255 Fox Hollow Road, Shermansdale, PA 17090. 04/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Spencer A. Walak, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 04/11/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Perry County, the within named Defendant Spencer A. Walak, not found. Defendant does not live at: 255 Fox Hollow Road, Shermansdale, PA 17090, So Answers: Carl E. Nace, Sheriff. 06/01/2011 Ronny R. Anderson, Sheriff, 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 Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Daniel Schmieg, on behalf of Sovereign Bank, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $757.68 SO ANSWERS, August 01, 2011 RON R ANDERSON, SHERIFF 5'd ;cj Cqun°y7uitn ? "2 ? ?. 1 4 SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-996 CIVIL TERM SPENCER A. WALAK Defendant(s) CUMBERLAND COUNTY PHS # 227370 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 102 WEST 2ND STREET, NEWBURG, PA 17240-8125. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SPENCER A. WALAK 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 102 WEST 2ND STREET NEWBURG, PA 17240-8125 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) 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) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name'and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the safe: Name ' Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 102 WEST 2ND STREET NEWBURG, PA 17240-8125 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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 o authorities. December 6, 2010 By. Attorney for Plainti Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., 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 ? Allison F. Wells, Esq., Id. No. 309519 SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 10-996 CIVIL TERM SPENCER A. WALAK Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SPENCER A. WALAK 102 WEST 2ND STREET NEWBURG, PA 17240-8125 "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 102 WEST 2ND STREET, NEWBURG, PA 17240-8125 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $144,463.62 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 maybe 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 LEGAL DESCRIPTION ALL the following described real estate, locally known as 102 West Second Street, located in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin set at the building corner of a two story brick house on Water Street in the Borough of Newburg, Cumberland County, Pennsylvania; thence along the edge of Water Street, South 16 degrees 10 minutes 59 seconds East 169.00 feet to an iron pin set at the Northern edge of an existing 12 foot alley; thence along the Northern edge of said alley, South 73 degrees 55 minutes 25 seconds West 86.15 feet to an existing iron pin at lands now or formerly of Glenn S. Minick; thence along said lands now or formerly of the Glenn S. Minick and continuing along lands now or formerly of the Newburg United Methodist Church, known as Lot No. 2 on the hereinafter described subdivision plan, North 17 degrees 39 minutes 30 seconds West 168.88 feet to an iron pin set at the Southern edge of Second Street, in the aforesaid Borough and County; thence along said Second Street, North 73 degrees 48 minutes 24 seconds East 90.94 feet to an iron pin, the place of beginning. CONTAINING 0.3433 acres, more or less, and designated as Lot No. 1 as per Subdivision Plan for Newburg United Methodist Church prepared by Eric L. Diffenbaugh, R. S., dated July 8, 1990, revised August 06, 1990, and recorded in Cumberland County Plan Book 61, at Page 64. AND the said Grantor shall warrant specially the property hereby conveyed. UNDER AND SUBJECT TO, and together with, all conditions, restrictions, reservations, easements, notes rights-of-way, and matters of record. TITLE TO SAID PREMISES IS VESTED IN Spencer A. Walak, single, by Deed from Edith E. Scheller, single, dated 08/08/2007, recorded 08/09/2007 in Instrument Number 200731337. PREMISES BEING: 102 WEST 2ND STREET, NEWBURG, PA 17240-8125 PARCEL NO. 24-21-0390-159. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-996 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 SPENCER A. WALAK (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 $144,463.62 L.L. $.50 Interest from 9/10/10 to Date of Sale ($23.75 per diem) -- $6,293.75 Atty's Comm % Due Prothy $2.00 Atty Paid $286.50 Other Costs Plaintiff Paid Date: 12/17/10 1 David D. Buell, Prothonotary (Seal) By: REQUESTING PARTY: Deputy Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 TRUE COPY FROM RECORD 1617 JFK BOULEVARD in Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Ps. PHILADELPHIA, PA 19103 This day d...NO- .2010 Attorney for: PLAINTIFF ?g? K b p ij Prothonotary Telephone: 215-563-7000 Supreme Court ID No. 69849 On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Newburg Borough, Cumberland County, PA, Known and numbered as, 102 West 2nd Street, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator S" .Z cJ Z Z no ON CUMBERLAND LAW JOURNAL Writ No. 2010-996 Civil Sovereign Bank vs. Spencer A. Walak Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 10-996 CIVIL TERM, SOVER- EIGN BANK vs. SPENCER A. WALAK, owner(s) of property situate in the BOROUGH OF NEWBURG, Cum- berland County, Pennsylvania, being 102 WEST 2ND STREET, NEWBURG, PA 17240-8125. Parcel No. 24-21-0390-159. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $144,463- .62. 87 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 22, April 29, and May 6, 2011 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. Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. '2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr*0t 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 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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: 04/22/11 04/29/11 i?1?+MrC AIM > IM+4? F` 05/06/11 L .... . By vsax of a %wo(Encati m No.. 10- Sworn to an bscribed b o me this 23 d-ay oMpy, 2011 A. D. SOVaMONBANK SPHNCER A. WALAK A—_ = Off rEi>uRC Notary R lic '- ?, ems 102 WEST 2ND S"IREUZ NEW"G, COMMONWEALTH OF PA 1724Ui25 Nofarlal YLVANIq Parcel No. 24-21-0390-19, Sherrie L Kiww CDu (or mradaddn=) Lower Pam '' ?Dauphin Public hgwwww thormm:. RESJ WIIAL My Comm Nov. County ion D? Member, pennsyhanl ? 26, 2011 JUDOMMI PT AMOUNT. $144,46332 Association of Notaries 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 Sovereign Bank is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 17 day of February, A.D., 202010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 996, at the suit of Sovereign _ Bank against Spencer A. Walak is duly recorded as Instrument Number 201121382. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 0"--c , A.D. a a l f R=rft d My canm=on ' Bp ? ?