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HomeMy WebLinkAbout10-6499Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 -Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 239448 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. BRIGETTE J. HARE DAVID P. HARE 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD MECHANICSBURG, PA 17055-5910 Defendants FILED-OFFICE OF THE PROTHONOTARY 2010 OCT 13 AM 11: CUMBERLAND COUNTY PENqSYLVAt IA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ID -W49 t CUMBERLAND COUNTY We hereby cerdfy the within to be a true and corred copy of to aw of re0o1d . ar%pw File #: 239448 ?? tp QL vn?- a-%4 °I 593> 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 #: 239448 Plaintiff is US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: BRIGETTE J. HARE DAVID P. HARE 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD MECHANICSBURG, PA 17055-5910 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/21/2006 BRIGETTE J. HARE and DAVID P. HARE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1961, Page 105. By Assignment of Mortgage recorded 07/07/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201018052. 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 02/01/20 10 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 File #: 239448 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $176,328.31 Interest $11,536.20 01/01/2010 through 09/23/2010 (Per Diem $43.48) Attorney's Fees $650.00 Late Charges through 09/23/2010 $0.00 Property Inspections/Property Preservations $30.00 Costs of Suit and Title Search $550.00 Escrow Deficit $1 575 95 TOTAL , - $190,670.46 7. 8. 9 Plaintiff is = seeking a judgment of personal liability (or an in = ersonam 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. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. File #: 239448 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $190,670.46, together with interest from 09/23/2010 at the rate of $43.48 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: LM 1 111 A S% (Z Lawrence T. Phelan, Es ., Id. No. 32 7 El Fr cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 239448 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point of intersection of the Eastern line of Burns Road and the line of adjoiner between Lots Nos. 66 and 67 on the hereinafter mentioned Plan of Lots; thence South 84 degrees 04 minutes 30 seconds East by said line of adjoiner a distance of 200 feet to a point on the Western line of lands now or formerly of Paul L. Cressman, Sr.; thence South 5 degrees 55 minutes 30 seconds West by Western line of lands a distance of 100 feet to a point on the Northeastern corner of Lot No. 88 on said Plan; thence North 84 degrees 04 minutes 30 seconds West along the line of adjoiner between Lots Nos. 67 and 68 on said Plan a distance of 200 feet to a point on the Eastern line of Burns Road; thence North 5 degrees 55 minutes 30 seconds East along said Eastern line of Burns Road a distance of 100 feet to the point and place of BEGINNING. BEING Lot 67, Section F on the plan of Lisburn Estates recorded in the Cumberland County Recorder of Deeds Office in Plan Book 22, Page 130. UNDER AND SUBJECT to all conditions, covenants, easements, restrictions, reservations, and rights-of-way of record, and of those visible upon the subject premises. PROPERTY ADDRESS: 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD, MECHANICSBURG, PA 17055-5910 PARCEL # 13-31-2136-052. File #: 239448 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: -JJdI 10 W qt ao??? ttomey for Plaintiff File #: 239448 C C= SHERIFF'S OFFICE OF CUMBERLAND COUNO Ronny R Anderson ter"' c Sheriff .{T? ?' C) ' sctr p4r?ariurrl r--1' --ip Jody S Smith 3*n 3 o-T Chief Deputy bC Richard W Stewart -?-t Solicitor s -- US Bank NA vs Case Number . David P. Hare (et al.) 2010-6499 SHERIFF'S RETURN OF SERVICE 11/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brigette J. Hare, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Brigette J. Hare. Request for service at 4125 Burns Road, Mechanicsburg, PA 17055 appears vacant. The Mechanicsburg Postmaster advised Deputies, Brigette J. Hare's new address is 691 Moores Mountain Road, Mechanicsburg, PA 17055. However, The Complaint in Mortgage Foreclosure has expired before the new address was able to be attempted. 11/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: David P. Hare, 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 David P. Hare. Request for service at 4125 Burns Road, Mechanicsburg, PA 17055 appears vacant. The Mechanicsburg Postmaster advised Deputies, David P. Hare's new address is 691 Moores Mountain Road, Mechanicsburg, PA 17055. However, The Complaint in Mortgage Foreclosure has expired before the new address was able to be attempted. SHERIFF COST: $63.00 November 19, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ,. Coin^'y5ulle Sncnit. Te;'??csi:?f. Inr,. O THE FILED- PP THON jjt IA,?'( "' O DEC - 1 AM !Q:33 CUMIERLA L) COUNTY PENNSYLVANIA, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff VS. BRIGETTE J. HARE DAVID P. HARE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY No. 10-6499 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE -eo any ?pD?? G?,? X03 t TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ? 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 ? Je me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 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 Attorneys for Plaintiff Date: December 6, 2010 /arm, Svc Dept. File# 239448 I Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK N.A., AS TRUSTEE FOR RASC COURT OF COMMON PLEAS 2006-EMX8 Plaintiff : CIVIL DIVISION vs. BRIGETTE J. HARE DAVID P. HARE Defendants : CUMBERLAND COUNTY No. 10-6499 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE d a.k it I D to g a? iosia?t 1?- ?sy si y TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Date: January 31, 2011 PHELAN HALLIN SCHMIEG, LLP ? La ewr nce T helan, Esq., Id o. 32227 ? Francis S?Kallinan, Esq., Id. o. 62695 ? Daniel. 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 Sri ava, Esq., Id. No. 202331 ? Jay ones, Esq., Id. No. 86657 ? P er J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 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 Attorneys for Plaintiff /arm, Svc Dept. File# 239448 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?+d FIL.Eb-0F 0 '1911 FEB 17 A"111.0 -`) Richard W Stewart Solicitor US Bank NA vs. David P. Hare (et al.) ",gi C1IMBERL AKe L 16?Vt i':..Y A t?,Yd A Case Number 2010-6499 SHERIFF'S RETURN OF SERVICE 02/03/2011 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: Brigette J. Hare, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 02/03/2011 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: David P. Hare, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 02/09/2011 06:05 PM - York County Return: And now February 9, 2011 at 1805 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David P. Hare by making known unto Dustin Weigel, Stepson of defendant at 691 Moores Mountain Road, Mechanicsburg, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/09/2011 06:05 PM - York County Return: And now February 9, 2011 at 1805 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brigette J. Hare by making known unto Dustin Weigel, Son of defendant at 691 Moores Mountain Road, Mechanicsburg, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 February 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE-OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration US BANK, N.A. AS TRUSTEE vs. BRIGETTE J. HARE (et al.) SHERIFF'S RETURN OF SERVICE Case Number 10-6499 02/09/2011 06:05 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DUSTIN WEIGEL, SON, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR BRIGETTE J. HARE AT 691 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055-6038. iF? amw??,04/ TERRY DRAWBAUGH, DEPUTY 02/09/2011 06:05 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE DUSTIN WEIGEL, STEPSON, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR DAVID P. HARE AT 691 MOORES MOUNTAIN ROAD, MECHANICSBURG, PA 17055-6038. 1r? TERRY DRAWBAUGH, DE TY SHERIFF COST: $59.05 February 14, 2011 SO RS, R CHARD P KE ERLE R, SHERIFF ---- ----- - -------- -- _ ------ - ---- - - -- -- - - ---- NOTARY Affirmed and subscribed to before me this 14th day of FEBRUARY 2011 ,ci County Suite Sheriff Teleosoft I e r ? C? t V° ALLL NOTARIAL SEAL j LISA L. THORPE. NOTARY PUBLIC CITY OF YORK. YCRK COLNTY MY COMM!SSiON EXPIRES AUG 12. 2013 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v BRIGETTE J. HARE DAVID P. HARE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/17/2011 to Date of Sale ($32.59 per diem) TOTAL U3.00 CSF 53.co M<< Q1.Wv a 10 ov to.oo u 8.50"`dQ Note: Please attach description of property. PHS # 239448 NO.: 10-6499 CUMBERLAND COUNTY $198,235.67 - $5,703.25 co Zo $203,938.92 C:: Ln r?. 8 -4 c` ..11 c?-n CD oriney 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 s? . so LL ?a?sy Y-W ?1 Q Q Q c4 PQ 0o x o 00 o 'b (?o moo, Qo ?rn ?o ?o ?o o ? HoQ., a Ha ?¢a ¢ °?D ?5 °5 ? ? O5 a? PQ ?cl, WU Pq ?U PQ L?T U Gn U, 0 PQ ?U 3 OQ Q W Z 114 0 ¢ W U U > U W WIZ v'? A?? v? 4 O? En a oa Ou O? UW ?U 00 W 0 0 N U O PLO W F F d d? z? rn Cis Hp"A WU'' ?A O U O W H o W O ? w wo W o a w 0 N y? ?O O? O h ? M ? M N N ?? C0 ? M M ?` d?• ° h O N ?? Oa0 ° O Oz 7.o?o?Ny?j?D O' . U O ozOM a?zz'd o * °Z ?zZb dz° -.bb ^ ^zzz00o,.,, tib ^ .ty W ?.. 0, ti Z -- W W ri ? ^ccyti y' A?Ww c W W W .- ^ W w a) 'W W Goo :3 00 '? .? y .1, u US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 COURT OF COMMON PLEAS Plaintiff (; ' CIVIL DIVISION NO.: 10-6499 BRIGETTE J. HARE DAVID P. HARE 1. ! AM Defendant(s) COUNTY CUMBERLAND COUNTY CUMBERLAND PENNSYLVANIA PHS # 239448 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8, 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 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD, MECHANICSBURG, PA 17055-5910. Name and address of Owner(s) or reputed Owner(s): Name BRIGETTE J. HARE DAVID P. HARE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 691 MOORES MOUNTAIN ROAD MECHANICSBURG, PA 17055-6038 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD, MECHANICSBURG, PA 17055-5910. 691 MOORES MOUNTAIN ROAD MECHANICSBURG, PA 17055-6038 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD, MECHANICSBURG, PA 17055-5910. Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 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 4125 BURNS ROAD A/K/A 4125 THE BURNS ROAD MECHANICSBURG, PA 17055-5910 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, P.4,15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQ. DEPT. 280601 BUREAU OF INDIVIDUAL TAX INHERITANCE HARRISBURG, PA 17128 TAX DIVISION ATTN: JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPL PO BOX 8486 CASUALTY UNIT ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105-15222 U.S. DEPARTMENT OF JUSTICE U.S. PO BOX 11754 ATTORNEY FOR THE MIDDLE DISTRICT OF 228 WALNUT STREET PA FEDERAL BUILDING HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date: By: ey or Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 VS. BRIGETTE J. HARE DAVID P. HARE : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 10-6499 : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRIGETTE J. HARE 691 MOORES MOUNTAIN ROAD MECHANICSBURG, PA 17055-6038 DAVID P. HARE 691 MOORES MOUNTAIN ROAD MECHANICSBURG, PA 17055-6038 4125 BURNS ROAD, A/K/A 4125 THE BURNS 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD, ROAD, MECHANICSBURG, PA 17055-5910 MECHANICSBURG, PA 17055-5910 "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 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD, MECHANICSBURG, PA 17055-5910 is scheduled to be sold at the Sheriffs Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce thq cour,_;t judgment of $198,235.67 obtained by US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 (the mortgage against you. In the event the sale is continued, an announcement will be made at said sale in compliA* with Pi 1 .P. Rule 3129.3. CD NOTICE OF OWNER'S RIGHTS r- s .c -? C-) 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. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has hap?ened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point of intersection of the Eastern line of Burns Road and the line of adjoiner between Lots Nos. 66 and 67 on the hereinafter mentioned Plan of Lots; thence South 84 degrees 04 minutes 30 seconds East by said line of adjoiner a distance of 200 feet to a point on the Western line of lands now or formerly of Paul L. Cressman, Sr.; thence South 5 degrees 55 minutes 30 seconds West by Western line of lands a distance of 100 feet to a point on the Northeastern corner of Lot No. 88 on said Plan; thence North 84 degrees 04 minutes 30 seconds West along the line of adjoiner between Lots Nos. 67 and 68 on said Plan a distance of 200 feet to a point on the Eastern line of Burns Road; thence North 5 degrees 55 minutes 30 seconds East along said Eastern line of Burns Road a distance of 100 feet to the point and place of BEGINNING. BEING Lot 67, Section F on the plan of Lisburn Estates recorded in the Cumberland County Recorder of Deeds Office in Plan Book 22, Page 130. UNDER AND SUBJECT to all conditions, covenants, easements, restrictions, reservations, and rights-of- way of record, and of those visible upon the subject premises. TITLE TO SAID PREMISES VESTED IN David P. Hare and Brigette J. Hare, h/w, by Deed from Lisa S. McCormick, single, dated 01/05/2006, recorded 01/09/2006 in Book 272, Page 3428. PREMISES BEING: 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD, MECHANICSBURG, PA 17055-5910 PARCEL NO. 13-31-2136-052. 1 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-6499 US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 vs. BRIGETTE J. HARE DAVID P. HARE owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 4125 BURNS ROAD A/K/A 4125 THE BURNS ROAD MECHANICSBURG PA 17055-5910 Parcel No.13-31-2136-052. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $198,235.67 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorneys for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 T ? Lull IS US BANK N.A., AS TRUSTEE FOR RASC 2006-FWRLA D COU Ty COURT OF COMMON PLEAS Plaintiff pcosYLVANIA : : CIVIL DIVISION V. BRIGETTE J. HARE DAVID P. HARE Defendant(s) CERTIFICATION : NO.: 10-6499 : 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. By:_ Attor laintiff 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 oshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-6499 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK N.A. AS TRUSTEE FOR RASC 2006-EMXS Plaintiff (s) From BRIGETTE J. HARE and DAVID P. HARE (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 $198,235.67 L.L.$.50 Interest From 3/17/11 to Date of Sale $32.59 per diem - - $5,703.25 Atty's Comm % Due Prothy $2.00 Atty Paid $268.50 Other Costs Plaintiff Paid 1 Date: 4/15/11 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 PHS # 239448 DEFENDANT SERVICE TEAM/ lac BRIGETTE J. HARE COURT NO.: 10-6499 -' DAVID P. HARE SERVE BRIGETTE J. HARE AT: TYPE OF ACTION "m 691 MOORES MOUNTAIN ROAD XX Notice of Sheriffs Sale MECHANICSBURG, PA 17055-6038 SALE DATE: 09/07/2011 p SERVED ? A c-s Served and made own to BRIGETTE J. HARE , Defendant on the day of rp7 20 C) -,10 o'clock tM at M S T ., "I P - 1 , in the manner descri low: Defendant personally served. 'L Adult family member with whom DefenQant(s) reside(s). , / • Relationship is JbW orvG,' v5?•?/ k. Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: e .10 X7- %.0 D ;" D;;?,w tion: Age to Height _ Weight 1Ze`-Race A'-- Sex I- Other __ h, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /1 7 DATE: I NAME: L 4TITLE: GyoJ 5-Fga On the _ No Answer on _ Service Refused at at Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: NOT SERVED day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Vacant - Does Not Exist _ Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 AFFIDAVIT OF SERVICE ,PLAINTIFF CUMBERLAND COUNTY US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 PHS # 239448 DEFENDANT BRIGETTE J. HARE DAVID P. HARE SERVICE TEAM/ kxc COURT NO.: 10-6499 SERVE DAVID P. HARE AT: TYPE OF ACTION 691 MOORES MOUNTAIN ROAD XX Notice of Sheriff's Sale F MECHANICSBURG, PA 17055-6038 SALE DATE: 09/07/2011 (1: c f n G`J SERVED Served and made known to DAVID P. HARE , Defendant on the / day of 20 r' ' r o . M., at ?ove-- dTA? 5 in the manner desc cloce il5ed below: s` Defendant served. eisonally tea. _ . *I'- Adult family member with whom Defendant(s) reside(s). 3;:,, c-) -? r Relationship is 5TZ%P3an CRS : 15*1i? We ' C co r Adult in charge of Defendant s residence who refused to give name or relationship. - - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: ?•r Descrjption: Age Height;= Weight/2 Race tl-/ Sex Wx Other h*/ nom- a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ., DATE: NAME: PRINTE AME: ??+rrs QS, TITLE: ?-a?S -fie (,- NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 PHS # 239448 DEFENDANT SERVICE TEAM/ lore BRIGETTE J. HARE COURT NO.: 10-6499 M DAVID P. HARE M ? rr, SERVE DAVID P. HARE AT: TYPE OF ACTION n f" C N 'rr 4125 BURNS ROAD XX Notice of Sheriff's Sale . -.?> CD ? A/K/A 4125 THE BURNS ROAD SALE DATE: 09/07/2011 r" .,% 1 r MECHANICSBURG, PA 17055-5910 SERVED A Served and made known to DAVID P. HARE , Defendant on the 9`day of /+QA l L 20 l 1 at r , 1 , o'clock P. M., at 4135 BAPS 4,111604olcs 59 k , in the manner described below: Defendant personally served. ? Adult family member with whom Defendant(s) reside(s). Relationship is W f FE . _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 46-1 Height S_ Weight 170 Race W Sex F Other I, ?RDAAk-4) A*6 " , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 4)1411 NAME: P/" PRINTED NAME: -?-aNQ-L.IJ / y t D L Cr TITLE: WJCE-55 S'Azy F2 NOT SERVED On the __ day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 PLAINTIFF US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 PHS # 239448 DEFENDANT SERVICE TEAM/ kxc _ BRIGETTE J. HARE COURT NO.: 10-6499 DAVID P. HARE `-?-' - SERVE BRIGETTE J. HARE AT: TYPE OF ACTION C'rl , TI CTt° 4125 BURNS ROAD XX Notice of Sheriffs Sale /07/2011 0 tv "Ly° L 9 A/K/A 4125 THE BURNS ROAD SALE DATE: cn j MECHANICSBURG, PA 17055-5910 C :X SERVED L. Served and made known to BRIGETTE J. HARE , Defendant on the 24*day of A-PP(- , 2i$''&, at ' - 4,#5 , o'clock J>. M., at*( Z5 BONS Qp? 1tfZµ1WKsAJg j pA , in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: w Description: Age 4n, Height '3 Weight 17 0 Race Sex E Other I, P0rA4LP AAA' C. , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: .?Q I NAME: PRINTED NAME: '20#41-D A LL TITLE: ir-,%. SS 5A4VJEe It Vacant Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused NOT SERVED On the -_ day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 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 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?co US BANK N.A., AS TRUSTEE FOR RASC 2006- EMX8 Plaintiff, V. BRIGETTE J. HARE DAVID P. HARE Defendant(s) IEI z CUMBERLAND COUNT r COURT OF COMMON S Zo CIVIL DIVISION 3? -G No.: 10-6499 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: x.? c7 O C-I co 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 38 7 a ) /or Certified Mail Return Receipt stamped by the U.S. Postal Service is a0ache' hibit "A". A Date: 1 '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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? Will' E. Miller, Esq., Id. No. 308951 issa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. rI CD -1 C" O -r C) 39 PHS # 239448 EXHIBIT A H ?p? N ?.+ Ir + F+ r ?? ?-' z H 3 (It Ja W N P .+ O ? 00 J O\ lJl .P W N .+ ?. ? ax a x• x• >F x ? x• ? x• • ? x x- c Q' ?o o C 0N0 0 ? ..+O1?7 C" b a C27 C ? ?+"?rp1G"C to ONO f3 V1 C/1 'O- "" O.O. ',I,On' W O n^'nd A? w C O '' +?y CrJ Z d ° d a O ?kC ro .,O9C'? r oti ?Y ^.?m y m>O cCo to B y;? a z ' n cUn > ? OOO m o gym Q= ; ?° " ,? m " W a o° a ?? r. ?o?? Z ry??7 o y =° v?ii'y ^7C ?3 ?x '?z? @ ? v? a? IV `t t to ?m c°.? nu'?p a ?n 4? y G1 ? 5 H A O w 0. !D m >a a b o ?+^ .. a .ep C1w y n v? `` Cif y ? C" 'CI x NO 'jo ?A .. o N a a t? ??, w `+ a ti fD ' ?`? O rd u0o ? 0 ? r" Oft C., c Ne y O 'sf °° O c t N °° N yr °° o, 4 a ?n wA "i7 "'3 'z ray ? a '^ j Z CO p t? " a > ?j G CA M t-j > '01 ? 6 r u?t O ? c o to Y a ?? C Y „may C .a.? k EhG o R s ? y r ? Ca ? y rA y a y NI ry ^? ?t w ? z d i . E P -i o H ? N d n G 4t V d a w3Ro^ w( r C19 '? [17 y fl w 3 ? o. o g ? ? A ( t7 ?7 ?y?( J oe j = v no c =4 oo Cr1 7J ^ ° ,Ol O "C ,M ? l J N .1 R? d / O ?onElo tv x ? ? 0.3 mil 9 d3N^s ? tr n 3 ? w ' d -=es z , fl A w n K n t. n?n H ? a K G Y' ? n L a n G% 0 u G1 ^ L J?„ ra?? r? ? X w r. ti ?r r tJ %SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy r 2 .., Richard W Stewart Solicitor OFF iUS Bank NA Case Number vs. David P. Hare (et al.) 2010-6499 SHERIFF'S RETURN OF SERVICE 06/23/2011 03:09 PM - 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 4125 Burns Road a/k/a 4125 The Burns Road, Mechanicsburg, PA 17055, Cumberland County. 09/07/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, US Bank, N.A., et. al., of, 3476 Stateview Blvd, Fort Mill, SC 29715, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $789.01 SO ANSWERS, October 21, 2011 RON R ANDERSON, SHERIFF of .0e) 1-3 G (Ou.ti..{5 a tr a^e,iff. [ r.;o?l Ir.,;. On May 11, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 4125 Burns Road, aka 4125 The Burns Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2011 By: Real Estate Coordinator J ' f CUMBERLAND LAW JOURNAL Writ No. 2010-6499 Civil US Bank NA VS. David P. Hare Brigette J. Hare Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-6499, US BANK N.A., AS TRUSTEE FOR RASC 2006-EMX8 vs. BRIGETTE J. HARE, DAVID P. HARE, owner(s) of property situ- ate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being 4125 BURNS ROAD, A/K/A 4125 THE BURNS ROAD, MECHAN- ICSBURG, PA 17055-5910. Parcel No. 13-31-2136-052. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $198,235- .67. 33 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this da of Jul 2011 Notary e- NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Techriology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Pahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/15/11 07/22/11 07/29/11 I T_ ? ............ M..... Sworn to d ubscribed befo m i 18 day of August, 2011 A.D. ?p No ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Fxpires Nov. 26, 2011 r Member, Pennsylvania Association of Notaries I' i19H,Z96:67 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which RASC 2006-EMX8 (Tr) is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 15 day of April, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 6499, at the suit of RASC 2006-EMX8 (Tr) against Brigette J. Hare & David P. Hare is duly recorded as Instrument Number 201129277. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this co2c? day of A.D. C2 N of Deeds ReomIder of DCumWWd Cotany, Caft%. PA My CwWss res the Fist Monday of Jan. 2014