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HomeMy WebLinkAbout10-2517Phelan 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 L,,A-ndrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 235587 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 200E-2 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff JOHN L. STARE 101 LOUISA LANE MECHANICSBURG, PA 17050-7291 Defendant RM-M OF THE P 01W)TARY 2010 APR 16 AM 11: 31 Gam; ID CUM P"SYly" ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. JD -O'!51rj 0,ivilTem CUMBERLAND COUNTY *Q01,00 PP AITY Uy g313a8 0&(4010sd File #: 235587 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 #: 235587 I . Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN L. STARE 101 LOUISA LANE MECHANICSBURG, PA 17050-7291 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 04/07/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR MORTGAGEIT, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1946, Page 3433. By Assignment of Mortgage recorded 11/18/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200938707. 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 09/01/2009 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 #: 235587 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2009 through 04/14/2010 (Per Diem $28.18) Attorney's Fees Cumulative Late Charges 04/07/2006 to 04/14/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Escrow Deficit TOTAL 7 8. 9. $144,367.39 $7,242.26 $650.00 $962.98 $15.00 $550.00 206-13 $153,993.76 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). File #: 235587 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $153,993.76, together with interest from 04/14/2010 at the rate of $28.18 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? 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 ? ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 235587 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern line of Walnut Street, four hundred five (405) feet West of the Northwest corner of the intersection of Walnut Street and 34th Street, also being at the dividing line between Lots Nos. 7 ad 8, Block'U' on the hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Walnut Street, seventy-five (75) feet to a point at the dividing line between Lots Nos. 6 and 7, Block 'U' on said Plan; thence northwardly along said dividing line one hundred twenty (120) feet to a point; thence eastwardly along the Northern line of Lot No. 7, Block'U' on said Plan' and parallel with Walnut Street, seventy-five (75) feet to a point at the dividing line between Lots Nos. 7 and 8, Block'U' on said Plan; thence southwardly along the same, one hundred twenty (120) feet to a point, the place of BEGINNING. BEING Lot No. 7, Block'U' on Plan of Part of Hampden Gardens, said Plan being recorded in Plan Book 6, Page 30, Cumberland County records. HAVING thereon erected a dwelling house known and numbered as 3422 Walnut Street BEING THE SAME PREMISES which Timothy J. Spackman and Annette K. Spackman, by their Deed dated April 9, 2003, recorded April 11, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 256, Page 2490, granted and conveyed unto Ilda Steinke, the Grantor herein. Premises being: 3422 WALNUT STREET PARCEL: 01-21-0273-223 File #: 235587 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: q llql?1?7 Attorney for Plaintiff File #: 235587 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor US Bank National Association vs. John L. Stare ~~~ ~Ttit~ Q~ l'.lYt(l ~l ft(d~~~ _ ~l_ t'~ 'fit .. t ''/ ff 1D 1 Q ~,~'i i 3 ~' = 2~ 40 ^'F~ .,~ ..~RIF~ VU~diu ~.1.. a.l •`r'..~'~~Mt FE~Ji ~SYz!!'k"u Case Number 2010-2517 SHERIFF'S RETURN OF SERVICE 04/24/2010 07:40 AM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2010 at 0738 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John L. Stare, by making known unto himself personally, at 101 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. ~~~ .~ RYAN BURGETT, D 05/10/2010 05:11 PM -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: John L. Stare, 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 John L. Stare. Request for service at 3422 Walnut Street, Camp Hill, PA 17011 is currently occupied by Jennifer Sims. John L. Stare resides at 101 Louisa Lane, Mechanics urg, PA 17050. MI HELLE GUTSHALL, DEPUTY 05/12/2010 Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2010 at 1622 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant for 3422 Walnut Street, Camp Hill, PA 17011, by making known unto Jennifer Sims, current occupant of 3422 Walnut Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $68.00 May 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF _c~ Co~.n?:,Suite Sher~ft. Teleosoft, Inc. ,~,; FIlEO-OFFIGE (1F THE PROTHONOTARY 2010 pCT i 5 QM 10~ 42 CU pENNSYLVAN A TY 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 vs. JOHN L. STARE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2517-CIVIL TERM C~ !ol7t~Y ~~ a.~r ~7s~a IV~~ ~ ~-r,,~-~ ~' 235587 e 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 JOHN L. STARE, 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 $153,993.76 Interest - 04/15/2010 to 10/13/2010 $5,128.76 TOTAL $159,122.52 I hereby certify that (1) the Defendant's last known addresses are 3422 WALNUT STREET, CAMP HILL, PA 17011-2744, 101 LOUISA LANE, MECHANICSBURG, PA 17050-7291, and (2) that notice has been given in accordance with Rule ,copy attached. ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ F cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ,s PHS # 235587 PROTHO OTARY 235587 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 vs. JOHN L. STARE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2517-CIVIL TERM 235587 t 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 JOHN L. STARE is over 18 years of age and Defendant's last known addresses are 3422 WALNUT STREET, CAMP HILL, PA 17011-2744 and 101 LOUISA LANE, MECHANICSBURG, PA 17050-7291. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1 0 - ~ ~ - t O ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ ands S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 235587 (Rule of Civil Procedure No. 236) -Revised US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006- COURT OF COMMON PLEAS 2 . vs. JOHN L. STARE CIVIL DIVISION No. 10-2517-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: ^ Lawr nce T. Phelan, Esq., Id. No. 32227 ^ F cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney 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 PREVIO USLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 235587 US BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR CSAB MORTGAGE-BACKED CIVIL DIVISON PASS-THROUGH CERTIFICATES, SERIES 2006-2 NO. 10-2517-CIVIL TERM v. Plaintiff CUMBERLAND COUNTY JOHN L. STARE Defendant(s) TO: JOHN L. STARE 101 LOUISA LANE MECHANICSBURG, PA 17050 DATE OF NOTICE: September 30, 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. IlVIPORTANT 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 HIlZING 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 # 235587 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 ~~1~~~~ By: La ence 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 235587 US BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR CSAB MORTGAGE-BACKED CIVIL DIVISON PASS-THROUGH CERTIFICATES, SERIES 2006-2 NO. 10-2517-CIVIL TERM v. Plaintiff CUMBERLAND COUNTY JOHN L. STARE Defendant(s) TO: JOHN L. STARE 3422 WALNUT STREET CAMP HILL, PA 17011-2744 DATE OF NOTICE: September 30, 2010 THIS FIlZM 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. IIVIPORTANT 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 IlVIPORTANT 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 HIIZiNG 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 # 235587 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. _ ~~~~1ns~ 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 235587 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB COURT OF COMMON PLEAS MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006- 2 CIVIL DIVISION Plaintiff NO.: 10-2517-CIVIL TERM V. JOHN L. STARE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/14/2010 to Date of Sale ($26.16 per diem) TOTAL Od I/ b A * y ak-j f?'06' o r sa.66 -Poe, e t$f to3 6 3a ?b LL ???# d3l Sl b oh akcw Note: Please attach description of property. PHS # 235587 CUMBERLAND COUNTY n C- r"11 C) q $159,122.52 $3,662.40 $162,784.92 A mey for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 rourtenay 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 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 Plaintiff V. JOHN L. STARE Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-2517-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. ? cap :_- ' CD C\J a._- cv d,AC' By. A rney *orPlaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFJCATES, SERIES 2006-2 Plaintiff v. JOHN L. STARE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2517-CIVIL TERM CUMBERLAND COUNTY PHS # 235587 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3422 WALNUT STREET, CAMP HILL, PA 17011-2744. 1. Name and address of Owner(s) or reputed Owner(s): = -?l Name Address (if address cannot be reasonably ascertained, please so indicate) g i Fq -;," f JOHN L. STARE 101 LOUISA LANE C) MECHANICSBURG, PA 17050-7291 ?a CD 3422 WALNUT STREET .' C-D CAMPHILL, PA 17011-2744 _ 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) Mers, Inc. 3300 SW 34`s Avenue; Suite 101 Ocala, FL 34474 Mers, Inc. 1901 E. Voorhees Street; Suite C Danville, IL 61834 Mers as a nominee for MortgageIT, Inc. MortgagelT, Inc. Mortgage IT, Inc. C/o: Christian Irabin, Closing Specialist Mortgage IT, Inc. C/o: Settlement Funding Solutions P.O. Box 2026 Flint, MI 48501 33 Maiden Lane; 6`n Floor New York, NY 10038 21641 Ridgetop Circle; Suite 200 Sterling, VA 20166 300 Delaware Avenue; Suite 210 Wilmington, DE 19801 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 Domestic Relations of Cumberland County 3422 WALNUT STREET CAMP HILL, PA 17011-2744 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 Mers as a nominee for CitiMortgage, Inc. P.O. Box 2026 Flint, MI 48501-2026 CitiMortgage, Inc. 1000 Technology Drive MS321 O'Fallon, MO 63368-2240 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. November 17, 2010 By: A mey for Plaintiff 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 ? 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 USANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS CS MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 CIVIL DIVISION Plaintiff NO.: 10-2517-CIVIL TERM VS. CUMBERLAN1' C C? (?NT_T JOHN L. STARE Defendant(s)=' ? r? NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOHN L. STARE JOHN L. STARE 101 LOUISA LANE 3422 WALNUT STREET =Ap p = MECHANICSBURG, PA 17050-7291 CAMP HILL, PA 17011-2744 "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 3422 WALNUT STREET, CAMP HILL, PA 17011-2744 is scheduled to be sold at the Sheriffs Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $159,122.52 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to thy: 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 R 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 I SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-2517-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 VS. JOHN L. STARE owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 3422 WALNUT STREET. CAMP HILL, PA 17011-2744 Parcel No. 01-21-0273-223 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $159,122.52 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION All that certain tract or Parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the Northern line of Walnut Street, four hundred five (405) feet West of the Northwest corner of the intersection of Walnut Street and 34th Street, also being at the dividing line between Lots Nos. 7 and 8, Block U' on the hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Walnut Street, seventy-five (75) feet to a point at the dividing line between Lots Nos. 6 and 7 Block U' on said Plan; thence Northwardly along said dividing line one hundred twenty (120) feet to a point; thence Eastwardly along the Northern line of Lot No. 7, Block 'U' on said Plan' and parallel with Walnut Street, seventy-five (75) feet to a point at the dividing line between Lots Nos. 7 and 8, Block 'U' on said Plan; thence Southwardly along the same, one hundred twenty (120) feet to a point, the place of Beginning. Being Lot No. 7 Block 'U' on Plan of Part of Hampden Gardens, said Plan being recorded in Plan Book 6, Page 30, Cumberland County records. Having thereon erected a dwelling house known and numbered as 3422 Walnut Street TITLE TO SAID PREMISES IS VESTED IN John L. Stare, single man, by Deed from Ilda Perna, f/k/a Ilda Steinke, single person, dated 10/28/2005, recorded 11/04/2005 in Book 271, Page 4091. PREMISES BEING: 3422 WALNUT STREET, CAMP HILL, PA 17011-2744 PARCEL NO. 01-21-0273-223 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-2517-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 VS. JOHN L. STARE owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 4T. CAMP HILL, PA 17011,2744 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $159,122.52 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2517 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U S BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 Plaintiff (s) From JOHN L. STARE (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$159,122.52 L.L.$.50 Interest FROM 10/14/2010 TO DATE OF SALE - ($26.16 PER DIEM) - $3,662.40 Atty's Comm % Atty Paid $200.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: November 22 , 2010 (Seal) I)I David e11, Prothonotary By: Deputy REQUESTING PARTY: Name Courtenay R. Dunn, Esq. Address: Phelan Hallinan & Schieg, LLP,1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 206779 n. ^h, tr??^22 Phi t: t Elu, 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES Civil Division 2006-2 Plaintiff CUMBERLAND County V. No.: 10-2517-CIVIL TERM JOHN L. STARE Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 235587 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 16, 2010. 2. Judgment was entered on October 15, 2010 in the amount of $159,122.52. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. 5. Additional sums have been incurred or expended on Defendant's behalf' since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 2, 2011 Per Diem $28.18 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $144.367.39 $16.316.87 $962.98 $1,675.00 $1,110.00 $0.00 $788.00 $210.00 $0.00 $0.00 ($0.00) $3,041.55 235587 TOTAL $168,471.79 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. 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 December 14, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 235587 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By:_a'vct ly(*" 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. 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 L 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 ATTORNEY FOR PLAINTIFF 235587 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES Civil Division 2006-2 Plaintiff CUMBERLAND County V. No.: 10-2517-CIVIL TERM JOHN L. STARE Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 235587 I. BACKGROUND OF CASE JOHN L. STARE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 3422 WALNUT STREET, CAMP HILL, PA 17011-2744. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM,IUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.C., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988)„ The 235587 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 235587 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. 235587 V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 235587 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 235587 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 235587 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: l a'd??lp By:G ? 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. "babas, Esq., Id. No. 9')')')7 ? 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 L 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 Attorney for Plaintiff 235587 Exhibit "A" 235587 OF W PRO- HOYOT Zoro act r S A R y aH ra: 4z CUMBERLAND COUNTy 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 ATTORNEY FILE G PLEAS,c RErjjRg Attorney for Plaintiff -TO RNEY RLE GOpy PLEAq RE TURN US BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH COURT OF COMMON PLEAS CERTIFICATES, SERIES 2006-2 CIVIL DIVISION VS. JOHN L. STARE No. 10-2517-CIVIL TERM 235587 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 JOHN L. STARE, 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 $153,993.76 Interest - 04/15/2010 to 10/13/2010 $5,128.76 TOTAL $159,122.52 I hereby certify that (1) the Defendant's last known addresses are 3422 WALNUT STREET, CAMP HILL, PA 17011-2744, 101 LOUISA LANE, MECHANICSBURG, PA 17050-7291, and (2) that notice has been given in accordance with Rule , copy attached. ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F cis 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _/p?/s ro \ PHS # 235587 ?T PROTHITARY 235587 Exhibit "B" 235587 0 0 v a w W v W x U z a 4Tw W z w c O U a? a 0 C ? zd`o °n C) m C G > CJ. = CJ ? U C CJ C - E O U N ? O ? V9 ? Q <) ?U E C. N E U - U F? E ?. E ? 2 v' t? 7 £ 0 L 6 l 3000 dIZ W08-4 0311VVI 0 3(1 99ZLLwbOZ OIOOZ t 7L 0 0 0/? Z91 zo t O G AWMMMMM? 53M09 A3Nlld N `: ?C ?mmm ?I Y® 0 n C ?? R b s 'Jy od S O C - „ x v u L:J x ?. t0 -O ?o F ° en ? N N 69 U o fi v .? 'o ii C y w cc O ) o T 2 v 1? v Q„o wH '? O\ N et v p C C ? a? o p m r 1 eh ci o ? > o o 'oo C `?-? w ? r c: h c o w F N I Q A E v u Z ? -> O U ? o z F. a C Q ? «v Nv F a a c E y ? a cw Vi r'q M is w w F l? ? VII ..7 ..a v a z z GF ? x z> ? r r z to ? M M U N N ? Q x ? ? Gw 0. ° n> d Eh _ ? Q v M 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 December 14, 2010 JOHN L. STARE 101 LOUISA LANE MECHANICSBURG, PA 17050-7291 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 v. JOHN L. STARE Premises Address: 3422 WALNUT STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 10-2517-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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. T truly yours, ence T. Phelan, E uire is S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqukle"' Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure 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 Reassess Damages 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ?o2'dt? l? 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. 9333 7 ? 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. 30951.9 ATTORNEY FOR PLAINTIFF 235587 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES Civil Division 2006-2 Plaintiff CUMBERLAND County V. No.: 10-2517-CIVIL TERM JOHN L. STARE Defendant CERTIFICATION OF SERVICE 235587 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. JOHN L. STARE JOHN L. STARE 101 LOUISA LANE 3422 WALNUT STREET MECHANICSBURG, PA 17050-7291 CAMP HILL, PA 17011-2744 Phelan Hallinan & Schmieg, LLP DATE: By: JA9 ?'- ? La ence 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 ATTORNEY FOR PLAINTIFF 235587 BANK NATIONAL ASSOCIATION S U IN THE COURT OF COMMON PLEAS OF . . AS TRUSTEE FOR CSAB CUMBERLAND COUNTY, PENNSYLVANIA o MORTGAGE-BACKED (__ °- a PASS-THROUGH CERTIFICATES, rn? ? C) = SERIES 2006-2, m ? -flrn PLAINTIFF : ? N) =O ? V. x' Y n JOHN L. STARE, - ? DEFENDANT NO. 10-2517 CIVIL ORDER OF COURT AND NOW, this 27th day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Jaime McGuinness, Esquire Attorney for Plaintiff ?John L. Stare, Defendant rn0j(ej ?oPies bas lal a8/io 0a a M OF THE EP OTHONOTARY 2011 J.11111 -5 AIH 10: 43 CUMBERLAND COUNTY PENNIMVANIA 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 Chrisavalante•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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 Plaintiff V. JOHN L. STARE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2517-CIVIL TERM CERTIFICATION OF SERVICE 235587 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 17, 2011 was sent to the following individual on the date indicated below. JOHN L. STARE JOHN L. STARE 101 LOUISA LANE 3422 WALNUT STREET MECHANICSBURG, PA 17050-7291 CAMP HILL, PA 17011-2744 Hallinan & Schmieg, LLP DATE: By: //)/L /1 j V eMvLdwrince T. Phelan, sq., Td. No. 32227 F:]aniel cis S. Hallinan, Esq., Id. No. 62695 G. Schmieg, Esq., Id. No. 62205 hele 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. 94.62 ? 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 ATTORNEY FOR PLAINTIFF 235587 OF THE P O THONO TA R Y 2011,1,20 CUMO-!TY P;,. k A 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 V. JOHN L. STARE Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2517-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 235587 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2, by and through its attorneys, 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: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 22, 2010. 3. 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 December 14, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiff's letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about December 27, 2010 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". 5. The Rule to Show Cause was timely served upon all parties on January 4, 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". 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 17, 2011. 235587 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: Phelan Hallinan & Schmieg, LLP U La esq., Id. No 27 rancis S. Hallinan, sq., 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 ATTORNEY FOR PLAINTIFF 235587 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES Civil Division 2006-2 Plaintiff CUMBERLAND County V. No.: 10-2517-CIVIL TERM JOHN L. STARE Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 235587 A Motion to Reassess Damages was filed with the Court on December 22, 2010. A Rule was entered by the Court on or about December 27, 2010 directing the Defendant 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 January 4, 2011 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 17, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: B . awrence T d. No. 7 ? Francis S. Hallinan, Esq., Id. o. 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 E3-<Iison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 235587 000- Exhibit "A" 235587 0 a a. ? W.0 U v V) ? a 7 rr "J. ro U Y a a z?G .Q-7 a a?as. •p L G H W ? C zQ0 hQ ? ? G, u R ,«J E ? `u rn X r' W Ca ( t { ?:v P c 6 _ ' }? ? ;e alb TJ ? C 5 .'•'iJ x 6 u 4. 44'P, b p C a L O u U ? ? L 8 t ,,,3 0 L 0 y N 2 ? R v nub' r_ ? ` r It ': oG)aw ? N o ° o ? P O y C N C6 d w 5{ f F a b d U a F Q ? V V o cQ j '? a w c .a o d N v' fA ^+ M Lr W W Q E" ? d. C w o• o a ?7 .? a Z -o ? r a a .n r r W a? U N N ^? v _ E ? N O ?1 rn ? v1 d o,v 0 tn tn Cl) cli 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 December 14, 2010 JOHN L. STARE 101 LOUISA LANE MECHANICSBURG, PA 17050-7291. RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 v. JOAN L. STARE Premises Address: 3422 WALNUT STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 10-2517-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), I ain seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly yours, Phelan, E wire 44?. )Frcllinan,.Esquire anis S. HaDaniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esgt Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivaek, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure Exhibit "B" 235587 U.S. BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR CSAB CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2, PLAINTIFF V. JOHN L. STARE, DEFENDANT NO. 10-2517 CIVIL ORDER OF COURT AND NOW, this 27th day of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, \vu?A? M. L. Ebert, Jr., J. Jaime McGuinness, Esquire Attorney for Plaintiff John L. Stare, Defendant bas oo/r,? Exhibit "C" 235587 OF THE PROTHONOTARY 2Q1I J',,F, +'i iC; 113 CUIMBEIRL iNID C OU{ !TY Phelan I lallinan & Schniieg, LIP By: 1_aw-rence 'T. I'lielan, Esc}., ?Id. X227 ATTORNEY FOR PLAINTIFF. Francis S. I lallinan, Esq., Id. No. 6 695 Daniel Q. Sehmieg, 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 Jenin6 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 Petef J. Mulcahy; Esq., Id. No. 61794 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 1.91.03- 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas 'T'RUSTEE FOR CSAB,MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES Civil . Division 2006-2 Plaintiff CUMBERLAND County V, Nf),- t.It-" SI fi'`IVIC.°I') RM` JOHN L. STARE Defendant CERTIFICATION OF SERVICE 235587 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 17, 2011 was sent to the following individual on the date indicated below. JOHN L. STARE JOHN L. STARE 101 LOUISA LANE 3422 WALNUT STREET MECHANICSBURG, PA 17050-7291 CAMP HILL, PA 17011-2744 y Ph lan Hallinan & Schmieg, LLP DATE: By• once T. Phe an, sq.; Id. No. 32227 D, Francis 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 - [J Sheetal R. Shah-Jane, Esq., Id. No. 8 L760 [] Jenine•R. Davey, Esq,, Id. No. 87077 D-Lauren R. Tabas, Esq., Id. No. 93337 Vivek'Srivastava, Esq., Id. No. 202331 D Jay B. Jones, Esq.., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 D `Andreww L.- Spivack; Esq,, Id. No. 84439 ,,. D Jaime McGuinness, Esq., Id. No. 90134 ?, Chrisovalante P. Fliakos, Esq.,.Id. No. 9.4:620 D Joshua L'Goldman, Esq., Id. No. 205047 ' D Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id." No. 208375 D Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 235587 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 sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By:i''-? =Lawrence T elan, Esq., Te)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 [?t- llison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 235587 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES Civil Division 2006-2 Plaintiff CUMBERLAND County V. No.: 10-2517-CIVIL TERM JOHN L. STARE Defendant CERTIFICATION OF SERVICE 235587 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individual on the date indicated below. JOHN L. STARE 101 LOUISA LANE MECHANICSBURG, PA 17050-7291 DATE: By: JOHN L. STARE 3422 WALNUT STREET CAMP HILL, PA 17011-2744 Phelan Hallinan & Schmieg, LLP =Lawrence T. Ply 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 lison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 235587 PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, PHS # 235587 S SERI - '? DEFENDANT SERVICE TEAM/ kxc : 10-2517-CIVIL COURT NO TF . JOHN L. STARE SERVE JOHN L. STARE AT: TYPE OF ACTION 101 LOUISA LANE XX Notice of Sheriffs Sale /02/2011 MECHANICSBURG, PA 17050-7291 SALE DATE: 03 r <CD 7G C-3 SERVED =c) C f gffi 2010 ate 36+d h Serve ay o e d and made known to JOHN L. STARE , Defendant on t , o'clock M., at 10( LAytsA U, AA6C9*)IMs SVK PA , in the manner described below: -; ? efendant personally served. - A dult family member with whom Defendant(s) reside(s). Relationship is _ A dult in charge of Defendant's residence who refused to give name or relationship. - M anager/Clerk of place of lodging in which Defendant(s) reside(s). A gent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: 2006 2 rv c._ PO .v- ILD tarn %7 8 S ? C) _11 o C-' --,r" Des iption: Age 4oS Height b b " Weight _ U b Race W Sex /V Other 1, 1 D /W l 1, , a competent adult, being duly sworn according to law, depose and state that I personally hand d 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 tCji?9b."?' CI !QTY befo#e me this 304'^ day p1Ak'i :) , 1- of , 2010 ST':q('E O'- ? p'.SEY Not vi1?1S_K?.S w?ARCI{ 7, 2013 U f?? W-OTERVE By: MY' C©Y -_ On th 0 20_, at _ o'clock _. M., Defendant NOT FOUND because: Does Not Exist _ Moved No Answer on at Service Refused Other: Sworn to and subscribed before me this day of ?T . By: Notary: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. HaBinan, Esq., /d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheets[ R. Shah-Joni. 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. Muk ehy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Ch,isovalante 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. Welk, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 r /-) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES Civil Division 2006-2 Plaintiff V. JOHN L. STARE Defendant CUMBERLAND County No.: 10-2517-CIVIL TERM ORDER AND NOW, this 1?1 day of Vwi, , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $144,367.39 Interest Through March 2, 2011 $16,316.87 Per Diem $28.18 Late Charges $962.98 Legal fees $1,675.00 Cost of Suit and Title $1,110.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $788.00 Appraisal/Brokers Price Opinion $210.00 p) ?,, r*f ?. rf7 ? rv q C -n 235587 Mortgage Insurance Premium / Private Mortgage Insurance $0.00 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,041.55 TOTAL $168,471.79 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 235587 ,,Al I(son F Wells, Fsq. ?? John L.. S+a,e, FscL NOS 235587 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 Plaintiff, V. JOHN L. STARE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAB,. cry ?' CIVIL DIVISION -? ? TZ - -?s7 No.: 10-2517-CIVIL TAB AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~= COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: c- r-y F r:i C.3 C .-tr As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached her , Date: 1 U Lawrence T. elan, Esq., Id. No. 3 27 Fr a man, Esq., Id. No 2695 Daniel G. Schmieg, 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 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 A ison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPOR ANT 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 # 235587 Ci//?OG I ? 2 2?a l 3003dIZ Wod3p \ ?1ew ? .19 ? - ? 9 tip ? 9SZILWZCO? 0 .. L d s?nnoe p o ?. l o ?as31d'9 O a 0 0 ? •? o ^o A o U 00 o` 00 .: , PC t- i. H ?, A d E d O ?? y ?? aNi .a, N a? p to ;t4:, v?•d ?dON? o d a ca d 8 U? bDO. aii ''Dt/1a' q q d? C °' ?` CN p?Ar .. q « a°? a 'O'vO ?Q a O ., y ?h. ?+P q M L q? it m a L i O ?r p f i q v ?O p q.0? o ai ?'OU .a ... q.-i o.v?p? yd's w° "ga o Oq U z ?; a a a° d a '•' . ,s. p++ o. ? .v e E ?o o q. ? p w.e }? '•' : W N's ?=°?w 3 deV a a?? a+.. ,xo O L x..'??CC v . o 0 73 ?• a. w „ ° .C O Oq q d ° ?? qN v00 ?.". ?F. •? 00 ?r E nO: w 3a+ ffi? c 3.01 °?' o:a a ° ae o'Ea CA i3w cb,?.d w q o° ?-- EzN IV E EzL E p, .do.oAQ ?3. "W.wl ? ?? Wed a.R a a+--OaZFeiUACI? #..•r.? UUCp.?fS`..n.?AC?Nxg0O1Aaf? o o o 00o E ti e?z,?"Uevvl,?Uen'3 a * * ? o c b r 00 ON O u o• 0 u C 8 ? vi ao o. . I 0 U a" u h o ? H w ? w z v N 'a R h SO L6 L 30O3dlZ WOW a311VW OLOZ ZZAON 99ZLLZb000 WL ZO a 16 d qq?$ ?.9• o x. s??e o Pu O OcwP4 w H ? u in ? a a ' .C? ecy?? ? C ON C?, .r q y N V (r1 :?' o a?i a 'oo :N ?i ai• 3 p ? H M V Q '64 ao -a o 0 v- CD o 5 ei Vp!3. oira z. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * u i3 Cn z :a Z ¢ O ,-a ~ N M h ?p t? 00 O? ti ~-.M.i .fir 7a a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff r1 H FF;Q r ICI CI g Y tip of 411t[llfp?Jody S Smith j° Chief Deputy 2011 APR - I AN 10 1 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA US Bank National Association VS. Case Number John L. Stare 2010-2517 SHERIFF'S RETURN OF SERVICE 01/07/2011 11:36 AM - Deputy Amanda Cobaugh, 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 3422 Walnut Street, Camp Hill, PA 17011, Cumberland County. 01/12/2011 05:06 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: John L. Stare at 101 Louisa Lane, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 03/02/2011 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 March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of U.S.. Bank National Association, 3476 Stateview Blvd, For Mill, SC 29715, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $950.66 March 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF q f 10 Pd .04-, '-o GL /'d - Ate' aS;? 34,`7 uJ Caun'ySate She, d7, ?eleoscfl. Inc. ¦ . 14 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 Plaintiff V. JOHN L. STARE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2517-CIVIL TERM CUMBERLAND COUNTY PHS # 235587 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2, Plaintiff in the above action, by,the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3422 WALNUT STREET, CAMP HILL, PA 17011-2744. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JOHN L. STARE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 101 LOUISA LANE MECHANICSBURG, PA 17050-7291 3422 WALNUT STREET CAMPHILL, PA 17011-2744 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Mers, Inc. 3300 SW 34'n Avenue; Suite 101 Ocala, FL 34474 Mers, Inc. 1901 E. Voorhees Street; Suite C Danville, IL 61834 Mers as a nominee for MortgageIT, Inc. P.O. Box 2026 Flint, MI 48501 MortgageIT, Inc. 33 Maiden Lane; 6'" Floor New York, NY 10038 Mortgage IT, Inc. 21641 Ridgetop Circle; Suite 200 C/o: Christian Irabin, Closing Specialist Sterling, VA 20166 Mortgage IT, Inc. 300 Delaware Avenue; Suite 210 C/o: Settlement Funding Solutions Wilmington, DE 19801 ' 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 ?md address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 3422 WALNUT STREET CAMP HILL, PA 17011-2744 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 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 Mers cis a nominee for CitiMortgage, Inc. P.O. Box 2026 Flint, MI 48501-2026 CitiMortgage, Inc. 1000 Technology Drive MS321 O'Fallon, MO 63368-2240 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. November 17, 2010 Bys At; rney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ?Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 LEGAL DESCRIPTION All that certain tract or Parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a point on the Northern line of Walnut Street, four hundred five (405) feet West of the Northwest corner of the intersection of Walnut Street and 34th Street, also being at the dividing line between Lots Nos. 7 and 8, Block 'U' on the hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Walnut Street, seventy-five (75) feet to a point at the dividing line between Lots Nos. 6 and 7 Block 'U' on said Plan; thence Northwardly along said dividing line one hundred twenty (120) feet to a point; thence Eastwardly along the Northern line of Lot No. 7, Block 'U' on said Plan' and parallel with Walnut Street, seventy-five (75) feet to a point at the dividing line between Lots Nos. 7 and 8, Block 'U' on said Plan; thence Southwardly along the same, one hundred twenty (120) feet to a point, the place of Beginning. Being Lot No. 7 Block'[' on Plan of Part of Hampden Gardens, said Plan being recorded in Plan Book 6, Page 30, Cumberland County records. Having thereon erected a dwelling house known and numbered as 3422 Walnut Street TITLE TO SAID PREMISES IS VESTED IN John L. Stare, single man, by Deed from Ilda Perna, f/k/a Ilda Steinke, single person, dated 10/28/2005, recorded 11/04/2005 in Book 271, Page 4091. PREMISES BEING: 3422 WALNUT STREET, CAMP HILL, PA 17011-2744 PARCEL NO. 01-21-0273-223 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2517 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U S BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-2 Plaintiff (s) From JOHN L. STARE (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: an o no t e garnis ee s a : a an attac ment as een issue ; t e garmshee(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$159,122.52 L.L.$.50 Interest FROM 10/14/2010 TO DATE OF SALE - ($26.16 PER DIEM) - $3,662.40 Atty's Comm % Atty Paid $200.50 Plaintiff Paid Date: November 22, 2010 (Seal) REQUESTING PARTY: Name Courtenay R. Dunn, Esq. Due Prothy $2.00 Other Costs Address: Phelan Hallinan & Schieg, LLP, 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 206779 TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and d said sit , Pa. T F dJ ?ZO? On December 2, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, 3422 Walnut Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 2, 2010 By: Real Estate Coordinator Is .z 6 nz NON NZ 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 Joumal on the following dates, viz: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Lave 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. I - 2 ?y L' Marie Coyne, Ed' r SWORN TO AND SUBSCRIBED before me this 1 day of February 2011 ) Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-2517 Civil US Bank National Association vs. John L. Stare Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-2517-CIVIL TERM, US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAB MORTGAGE- BACKED PASS-THROUGH CERTIFI- CATES, SERIES 2006-2 vs. JOHN L. STARE, owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being 3422 WALNUT STREET, CAMP HILL, PA 17011-2744. Parcel No. 01-21-0273-223. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $159,122- .52. 56 The Patriot-News Co. 2021) Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ?h? ?1dtCI0t-?l?lUS 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 prinked 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 i:he 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 Pai:riot-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: 1/28/11 Sworn to and Wbscribed b me,this 22 day q(f February, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA 2/4/11 2/11/11 Notarial Seal t L Kjvw, Notary Public ..ower ?auto:; Twp., Dauphin County i My 'b*nmisslon Dares Nov. 2§ 2011 J y?vanla 9ncnc10cir5n or Notaries 2010-2517 Civil Term 'JS Bank Ni tional ASSOCINAlon vs John L. Stare Atty: DoM Sehm" By virtue of a Writ of Execution NO. 10-2517-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSAD MORTGAGE- BACKED PASS-THROUGH CERTIFICATES, SERIES 2006.2 VS. JOHN L. STARE owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 3422 WALNUT STREET, CAMP HILL, PA 17011-2744 Parcel No. 01-21-0273-223 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $159,122.52 2010-0345 Civil Term Beneficial Consumer Discount Company Vs Lonnie L. Stazewski Arty: Steven Eisenberg ALL THAT CERTAIN, tract or Parcel of land and premises, situate, lying and being in the'Ibwrfship'of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Westerly line of Enola Road at the distance of 60 feet measured Southwardly along the Westerly line of saidEnola Road from the Southerly extremity of the arc or curve connecting the Southerly side of Dauphin Street with the Westerly side of Enola Road, and extending thence along the Westerly side of the said Enola Road, South 5 degrees 9 minutes 30 seconds West, 30`stconds West, 30 feet to a point at the center line of the partition wall between houses known as Nos. 173 and 175 Enob Rnad; thence North 84 degrees 50 minutes 30. seconds West along the centerline of said partition wall and beyond 150 feet to a point; thence North 5 degrees 9 minutes 30 seconds East, 30 feet to a point and thence South 84 degrees 50 minutes 30 seconds East, 150 feet to the Place of BEGINNING. HAVING THEREON ERECTED the Northern half of a double two story frame dwelling house, and known as No: 175 Enola Road, Enola, Pennsylvania. BEING the same premises which Robert K Steele and Cathy A. Steele, Husband and Wife, by Deed dated March 25, 2002 and recorded April 1, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 251 Page 60, granted and conveyed unto Lonnie I:. Stazewski, Single Individual, in fee. PARCEL NO. 09-14-0832-274A. 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 Sheriffs Deed in which CSAB Mortgage-Backed Pass-Through Cert Series 2006-2 tr is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 22nd day of November, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2517, at the suit of CSAB Mortgage-Backed Pass-Through Cert Series 2006-2 against John L Stare is duly recorded as Instrument Number 201109953. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l day of 4"2 n , A.D. 2//- of Deeds ft mderd9leftt &MIN- 00%cowPA My ftwiWm 8** h Fkd U0n ft d J& =