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Home My WebLink About10-2242 2010 APR -5 Pr' 1: 20 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 wren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ATTORNEY FOR PLAINTIFF Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 234940 SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK COURT OF COMMON PLEAS 601 PENN STREET READING, PA 19601 CIVIL DIVISION Plaintiff TERM v. NO. !0-aa4A _ civil (&rn4 MICHELE L. ADKINS 348 CLIFFORD DRIVE CUMBERLAND COUNTY MARTINSBURG, WV 25404-0679 Defendant 0 442.Oo P A ATM CO 93a.049 & am 895 File #: 234940 4 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 234940 V 1. Plaintiff is SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: MICHELE L. ADKINS 348 CLIFFORD DRIVE MARTINSBURG, WV 25404-0679 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/12/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1461, Page 178. 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 01 /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 #: 234940 6. The following amounts are due on the mortgage: Principal Balance $53,645.73 Interest $3,967.83 12/01/2008 through 04/02/2010 (Per Diem $8.1308) Attorney's Fees $650.00 Cumulative Late Charges $291.00 06/12/1998 to 04/02/2010 Property Inspections/Property Preservations $164.00 Costs of Suit and Title Search %-5-50-00 Subtotal $59,268.56 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $871.34 Subtotal %871.34 TOTAL $60,139.90 7 8. Plaintiff is nat seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 234940 i 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $60,139.90, together with interest from 04/02/2010 at the rate of $8.1308 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 HALLINAN & SCHMIEG, LLP By: JJ"Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Mi hele M. Bradford, Esq., Id. No. 69849 ? Ju ith T. Romano, Esq., Id. No. 58745 ? S eetal R. Shah-Jani, Esq., Id. No. 81760 ? enine 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 #: 234940 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of a public road, now named the Enola Drive, at the intersection of the property line of the First Church of God of Enola and said road; thence eastwardly along the line of property of said First Church of God of Enola, 125 feet to a stake on a proposed 15 feet wide alley to be known as First Alley; thence southwardly along the western line of said proposed alley, 20 feet to a point; thence westwardly and through the center of the partition wall between house on lot hereby conveyed and house on lot adjoining on the south and beyond, a distance of 125 feet to a point, the eastern line of said Enola Drive; thence northwardly along the eastern line of said Enola Drive, a distance of 20 feet to a point, the place of BEGINNING. HAVING thereon erected the northern half of a two story brick dwelling known and numbered as No. 118 South Enola Drive, Enola, Pennsylvania. PARCEL NO. 09-15-1291-129 PREMISES: 118 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 File #: 234940 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 DATE: File #: 234940 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 tiCourtenay 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, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff vs. MICHELE; L. ADKINS Defendants RLEID-4 p cY ?. LJ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 10-2242 CIVIL TERM G 410. oo Po A-rN ajfqq?gqq I2 xi-li8 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ?Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: August 31, 2010 /jrm, Svc Dept. File# 234940 PLAINTIFF SOVEREIGN BANK. S/B/M '1'O WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK DEFENDANT MICHELE i.. ADKINS SERVF. MICHF,i,E L. ADKINS AT: 348 CLiFFURD DR MARTINSBURC, wv 25404.0679 PHS I- 234940 SERVICE TEAM/ cco COURT NO.: 10-2242 CIVIL TERM TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action S~yed and made known to MICHELE L. ADKINS , Defendant on the LZ-day of s~, 201, at ` ! , o'c;lock~. M., at 2?~z (;,~r.,nZ i"X'. , in the manner described low: ~Dcfendant personally saved. t"1Pi''t''~`~~ ~K1 _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in chargc of Defendant's residence who refused to give name or relationship. ~_ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ._ Agent or person in charge of Defendant's office or usual place of business. _ an oti`icer of said Defendant's company. _ Other: Description: Age ~ Height S`t'• Weight 3'O Race,~_ Sex €_ Other handed a true and carrcct copy of the EQr+eclosttre C omplaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and s~}~bed ~ before me this s`~- day of ,:20~, rA.~ ,~-t .. z, Notar S V D On the day , 20~, at ,_ 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: ~ • ~ -• Sworn to and subscribed before me this day of ~fi By: Notary: ATTORNE~+'OR PLALI~ FF , L..~.T P'h.~av,uNasun Inn~i & IIrMy GV.. K Nw iJ0/5 ~, ' '' , ....'.' INI~6d0 M. SMrwd. &}, Y. Nw iS~ii9 " JrdM01. RaryLil, Y. Ne.le7K ShOMY R SbY•Jrd~ ~.1/. Na 11760 ~° ~ " ~ ._..j - q ,,,~ Jwie 0L aR7. Pp, ld. Ne. A017 ' ("~'t ~ :.~ ~ .,~.~• Lrirs R T.M.r, ~ 10. No.1JJJ7 ~ 1~"f ~;, C'"a i:.,... , Vi.e4SNiaWw,PaF,IdNa7B3771 ` x-~ W~ ._ -~-~~Y~;' ]g RJw~,PM+ii N41f617 . ' "3~ -'^` ' MOrJ.MWVYr, Pq., LI.Nw i/791 f, .r >° "' ;~ A00nw L Sllwet, rp, Y. Na N4.19 Ji.e 00eG0Yw~, L4. Y. W0.91170 .~ ._..° .,~ - { Cbh0nlm4 P. If0~aa Pq,10. Na Y6631 ~ ~ -' ... "°~~t J00~LGNI~WI, PM+Y. N~]11007 ~wr R ~R 60.11. Ns 70p79 %~' C~7 ~.~,° ~ +~ ~ ..-- AOrnw l: tkr0MM4 Y.gNw~]O,Ili75 p~fwr~ ~`r t,,:.i .~.C~' O ~ ~:~ ~ . 000 ~1 ~ ~ lYiWl}W,IA 1910SItt1 ' ~ Cs~3 ;._ I,.~R.~+ ~'~E+`1~+-+,.Sr , a competent adult, being duly sworn according to law, depose and state that I personally AFFIDAVI'[~OF SERVICE CUMBERLAND COUNTY 35S 2x- 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK VS. MICHELE L. ADKINS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-2242 CIVIL TERM Pr„k Sam s *Xj `234,940 `W "cc 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 MICHELE L. ADKINS, 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 $60,139.90 Interest - 04/03/2010 to 02/01/2011 $2,479.89 TOTAL $62,619.79 I hereby certify that (1) the Defendant's last known addresses are 118 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711,2202 BRENDA DRIVE, MARTINSBURG, WV 25404, and (2) that notice has been given in accordance with Rule 23,17. 1, cop, l?ec1- jLEJar wrenc . Phelan, Esq., Id. No. 3 227 anc is S. Hallinan, Esq., Id. No o 2695 ? 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 91CIfson F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED./" DATE: - 4 - I / PHS # 234940 PROTHONOTARY 234940 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK VS. MICHELE L. ADKINS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-2242 CIVIL TERM 234940 AFFIDAVIT 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 MICHELE L. ADKINS is over 18 years of age and last known addresses are 118 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 and 2202 BRENDA DRIVE, MARTINSBURG, WV 25404. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 1, 2011 ? Lawre helan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62 ? 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 ? And .ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 234940 SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff V. MICHELE L. ADKINS Defendant(s) TO: MICHELE L. ADKINS 118 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 DATE OF NOTICE: January 20, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2242 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 234940 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. 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: -rv...' ' - Lawrence T. Phel , :Esq., . No. 32227 Francis S. Hallinan, d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ..-Aeetal R. Shah-Jani, Esq., Id. No. 81760 Jenme 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS 9 234940 SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff V. MICHELE L. ADKINS Defendant(s) TO: MICHELE L. ADKINS 2202 BRENDA DRIVE MARTINSBURG, WV 25404 DATE OF NOTICE: January 20, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2242 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 234940 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, E , No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju ith T. Romano, Esq., Id. No. 58745 / Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenme 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234940 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2242 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK SB/M TO WAYPOINT BANK, FWA HARRIS SAVINGS BANK Plaintiff (s) From MICHELLE L. ADKINS (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 $62,619.79 L.L.$.50 Interest FROM 2/2/11 to Date of Sale ($10.29) - - $2,243.22 Atty's Comm % Due Prothy $2.00 Atty Paid $189.00 Other Costs Plaintiff Paid Date: 4/25/11 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS COURT OF COMMON PLEAS SAVINGS BANK Plaintiff CIVIL DIVISION V. MICHELE L. ADKINS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/02/2011 to Date of Sale ($10.29 per diem) TOTAL 0?N? sa4.o? VA cxw?c- 4G, so COP gP.b0 4 10.00 14. 00"` Z , 00 Bpd C'? Note: Please attach description of property. PHS # 234940 NO.: 10-2242 CIVIL TERM CUMBERLAND COUNTY ?, .? G7 r _rlm $62,619.79 a r.a Xj $2,243.22 C) cc -7 Attorney for Plaintiff -rnetan Hauinan & Sc?rfieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 6220 ? Michele M. Bradford, Esq., Id. No 849 ? 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 ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 &7.6b 'XA 1 * . SO LL C,,i-10161718 QA07s4 Sxi L4 Wet W4 O? a oa O O O? UW U m W O as Cz7 .? ?a O ? y d? a 42 ?A U t O U w0 O o w O? w U -o ? o .a ? N E ?w a? w A A C7 . -'z? 3 Gj w U N ? 0 N O N y? b O\ ? ? t? OMO 14 C Q (71 NNN??oOrc?+iM OV z?ON?o?o ?tpp p00 pMN ?? NN COO Z o oz oZo?ov Ni`ozb o 6ZO o zzbz o d °?ooc a•z .. oz Z ZbWbb a:.Z.rj "??'d•ti •ti"?ZZ O'Vd-W Q~?n Z? ?o J. HW? dr 6 ? w ? ? W w •b W ^ vii !? y ? ?w ? w W N ?W 'BA c www w ?w ?w o ? w???????????????? ? SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff V. MICHELE L. ADKINS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2242 CIVIL TERM CUMBERLAND COUNTY PHS # 234940 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS 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 118 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. Name and address of Owner(s) or reputed Owner(s): Name MICHELE L. ADKINS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ' ascertained, please so indicate) M -v ?=- 2202 BRENDA DRIVE A N l MARTINSBURG, WV 25404 -G CA ? r-- = - -? E C1 -vt -4? CD C) its "'- CD Address (if address cannot be reasonably r1 1 5 ascertained, please so indicate) _ C' 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Americhoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 118 SOUTH ENOLA DRIVE ENOLA, PA 17025-2711 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6th Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: (( 1 elan Hallinan &xti , Lawrence T. Phelan, Esq., Id. No. 3222 Francis S. Hallinan, Esq., Id. No. 62695 - LL Daniel G. Schmieg, Esq., Id. No. 622 Michele M. Bradford, Esq., Id. N .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 Courtena . Dunn, Esq., Id. No. 206779 Aadfe-w C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff Defendant(s) NO.: 10-2242 CIVIL.TERM MICHELE L. ADKINS : COURT OF COMMON PLEAS : CIVIL DIVISION C= C= j • rnCa CUMBERLAND UN4Y ? cz) cn NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ;i_1 VS. TO: MICHELE L. ADKINS 2202 BRENDA DRIVE MARTINSBURG, WV 25404 c c/? °r cQ "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 118 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 is scheduled to he sold at the Sheriffs Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $62,619.79 obtained by SOVEREIGN BANK, SB/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2., You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of a public road, now named the Enola Drive, at the intersection of the property line of the First Church of God of Enola and said road; thence eastwardly along the line of property of said First Church of God of Enola, 125 feet to a stake on a proposed 15 feet wide alley to be known as First Alley; thence southwardly along the western line of said proposed alley, 20 feet to a point; thence westwardly and through the center of the partition wall between house on lot hereby conveyed and house on lot adjoining on the south and beyond, a distance of 125 feet to a point, the eastern line of said Enola Drive; thence northwardly along the eastern line of said Enola Drive, a distance of 20 feet to a point, the place of BEGINNING. HAVING thereon erected the northern half of a two story brick dwelling known and numbered as No. 118 South Enola Drive, Enola, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Michele L. Adkins, single woman, by Deed from Richard K. Miller and Janine Miller, his wife, dated 06/12/1998, recorded 06/17/1998 in Book 179, Page 391. PREMISES BEING: 118 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711 PARCEL NO. 09-15-1291-129 *helan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 f' f - L ru-i ?' - 3CL OI I APR 25 QM 9: 28, SOVEREIGN BANK, SB/M TO WAYPOINT'g?N ANT `{ HARRIS SAVINGS BANK Plaintiff V. MICHELE L. ADKINS Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-2242 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. Phelan Hallinan & Schmieg' LLP ? Lawrence T. Phelan, Esq., Id. No. 227 ? 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 ? Courtena R. Dunn, Esq., Id. No. 206779 ? A C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SOVEREIGN BANK, S/B/M TO WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK PHS # 234940 DEFENDANT SERVICE TEAM/ lxh MICHELE, L. ADKINS COURT NO.: 10-2242 CIVIL TERM SERVE MICHELE L. ADKINS AT: TYPE OF ACTION RENDA DRIVE XX Notice of Sheriff's Sale t ~ .., ? MARTINSBURG, WV 25404 SALE DATE: 09/07/2011 rri SERVED 2- My = 7j C Served and made known to MICHELE L. ADKINS , Defendant on the'riF?ay of IKAY 2 at N.) ._ C', o'clock?. M., at _ IV 94CArOA DRI ?4 in the manner described below: , 1--:in '- Defendant personally served. ? _ Adult family member with whom Defendant(s) reside(s). a : C Relationship is = c y Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). 3 Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: AgeV'*O Height S n Weight ZOO Race W Sex F_ Other TPOr ARo WA' 11 O-RAI IV& MA?nI a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. OFFICIAL SEAL Sworn to and subscribed Notary Public, State Of West Virginia JOHN D. FINK before me this d9l day Presidential Investigations of play 201. j_0FP 0 Box 521 Martinsburg, WV 25402 My Commission Expires Jul 1, 2019 Notary: By: NOT SERVED On the day of , 20_, at 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: Sworn to and subscribed before me this day of _20- By: Notary: ATTORNEY FOR PLAINTIFF 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 ;fudith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Duren 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 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 .4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, SB/M TO WAYPOINT CUMBERLAND COUNTY BANK, F/K/A HARRIS SAVINGS BANK Plaintiff, COURT OF COMMON PLES s V. mW CIVIL DIVISION ?= X- =' r MICHELE L. ADKINS n No.: 10-2242 CIVIL TERMr- co C? ?t Defendant(s) ?? o= ? 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 Certified Mail Return Receipt stamped by the U.S. Postal Service is att hxhibit "A". , Esq. , I .308912 Attorney for Plaintiff Date: IMPORTANT OTICE: 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 # 234940 1 EXHIBIT A LL ? y • £ 0 1 6 L WOO dIZ Woad o3lIV ?.1 ? 140Z ZZ adb 9SZLLZ0000 r 09£'£0 $ wL Z O 53MOB A3NUd C ?lsod ?ydy5 i hl L u d' ..>1 w A, C O o 0 Cr •a°v eca W ° '>o Qr L ? ? M y (~ Q .r ? C N O H ?r ? V y ?n _ O r w L C L? t C ? L? > iG C 67 'O O Co ^• y N ?7 d O oo c., L C i„ d v> Q) b d va Cw w u o w s o a? c c. °' e cidG.? V ?CN a LM'•-• 6a n CN O.. P.r y LM Q"`"" "'? 'L? Q ..+ a a>i 'Q vUZ°r.-°• o >0,?3 a o aio?^' o >o ° " ?aAQ COU.R3•o> >,-Co 4 o n°ia.,ro1.40-40S.- W., RUB= ova ?Qd' yw c? 3 ?? day w a,a aien t .EW.8 R O E.• L M .- - ? W o a°iO z E n i ` ? o 'UUAa;?Oa?D?UUAa?xdN i .o o * * y z¢o a~ N M eq ., g u 0 ? N V , V P F EF?h 6 $D,e « u ? o N E ? ? E 9 a E ? a V G O O o? p b r N e? N u o ? u qc ? a .. a d H 6.E S O O .?..`O .SuEo > o ??a?II q ' W 6F iL' O 0 g T 0 a ?e €? ?a N U a0 w 0 0 va a b z; sa v K v O ? zti ~ p u F•? C ?o ? o 3000 dlz w021? Q !!Oz 311 z? n b V 09e ,to 9geLLZ0000 NAjd Asamw u fi ° fi ? a I (pO " ?? r-^ ` o 3y . ?SOd 93S"g 2 w i4 o py 7 A G o T? ° s o i ° E 5wfiv E ? 1v u 'dvuo`a w oxxe; 2 b°?w A.o aw0 W ? _m uo a;g u 5c .°n ?._ o ? w a.E - ..7 Q1 . > w o ?g' . _ v cv C Ar ? b?' o 'e ° ? v fi o C1 V ? F w°O 'c F C' v y ^^J' h F ? W Q ? V ¢ « w y y ? U ?o ..Q O L O a v 00 a " w CL O .q V7 ca N C~ r.a O q A? .p a ° e A •5 6? ?"? M C0 ? rt lQ d L op ?, ? y •o x = A w a? y 'C O H k a? 4 W t? O V1 ?"? N O ?p d ?n 00 U h ' ? ? N ... b0 O ? y •.. .C .? Qr e0 > ? 5 •a 8 dbri?44 es?a C4 a c`OAOa ?? W u 0000 as y, a O c x w o ? a a ,,,., O ti N N 0 d .+ R q .O O a w 0 O O a p L3 • 3 E ° a° a •? m ?+ ea y o ? i. pa A V] C/] 'fl OD L G L GTI L •!.' r „ b .C lD , a, -oaz??r?Nxu°AO? oxAa3x F C' d .O p # # n El) v an 1.0 v -4 -4 a, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , Sheriff j ? Jody S Smith n,- Chief Deputy ' Richard W Stewart Solicitor Sovereign Bank vs. Michele L. Adkins Case Number 2010-2242 SHERIFF'S RETURN OF SERVICE 05/24/2011 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Michele L. Adkins, at 2202 Brenda Drive, Martinsburg, WV 25404. The item was returned to the Cumberland County Sheriffs Office, Return to Sender, No Such Number, Unable to Forward. 06/20/2011 11:14 AM - Deputy Stephen Bender, 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 118 South Enola Road, Enola, PA 17025, Cumberland County. 09/07/2011 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, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Sovereign Bank, of, 601 Penn Street, Reading, PA 19601, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $870.44 October 25, 2011 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF 4/9-rr r• j-" Or) "Aw _ Cr, SZ? [_ c "Od Is 7 c? Gour Suite She i ip c soil Inc. On May 11, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 118 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2011 By: CJ aaLu Real Estate Coordinator v J CUMBERLAND LAW JOURNAL Writ No. 2010-2242 Civil Sovereign Bank vs. Michele L. Adkins Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-2242 CIVIL TERM, SOVER- EIGN BANK s/b/m TO WAYPOINT BANK f/k/a HARRIS SAVINGS BAN vs. MICHELE L. ADKINS, owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 118 SOUTH ENOLA DRIVE, ENOLA, PA 17025-2711. Parcel No. 09-15-1291-129. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $62,619- .79. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 Aff ant 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. r isa Marie Co ne, Editor SWORN TO AND SUBSCRIBED before me this 29 da of Jul 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-Nev/s Co. 2020 Technology Pkwy Spite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 2"6.0 0" Tarm 8i 10 ¦ink vs Mkhdo L *Vdm ;Attr- DW M 8duni" By viraw of s Wrk4Etxwtion NO.10• 2242 CIVIL TERM SOVEREIGN BANK, WN TO WAYPOINT BANK, F/K/A HARRIS. SAVINGS BANK VS. NGC ELELADKINS ovmer(s) of properly situate in the TOWNSHIP OPEAST PEMSBORO, Cumberland Cotmty, Penasylvmk being 118 SOUTH ENOI A DRIVE, ENOI A, PA 17(1254711 Panel No. 09-15-1291-129 (Acatage or sued addma6) ' ImpmvemdnffitLeteon: RESIDENTIAL ......... . Sworn to and?ubscribed N / 4 ..? This ad ran on the date(s) shown below: 07/15/11 07/22/11 07/29/11 this ,1tda/ofAugust, 2011 A.D. ,\ L Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Klsner, Notan• Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 I'v!emher, PennS?dva?1ia AS'306atnrt Of Notara, JUDGMENT AMOUNT. $62,E+19n`i 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 SB/M to Wgypoint Bank F/K/A Harris Savings _ Bank is the grantee the same having been sold to said grantee on the 7 day of Se tember A.D., 2011, under and by virtue of a writ Execution issued on the 25 day of April, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2242, at the suit of Sovereign Bank SB/M to Waypoint Bank, F/K/A Harris Savings Bank against Michele L. Adkins is duly recorded as Instrument Number 201129587. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this plc day of A.D. 02 Q ?? n N of Deeds 'evader of Deeds, Genbedend C&^ Cerlsie, PN IV Ccxnmission Expires ft Fret YWAW Of JAIL =4