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HomeMy WebLinkAbout10-7755Phelan 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 Ff? ED-OFFfCE Or THE f'~~Q?NC?~~Q ~,~~' 2f~~0 QC~ ~ ~ ~~ ~~~ ~ ~~ PE~1f~fSYI.V~~°~f" . ATTORNEY FOR PLAINTIFF 254603 FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE 3637 SENTARA WAY SUITE 303 VIRGINIA BEACH, VA 23452 Plaintiff v. CARLOS L. RIVERA 299 EAST GREEN STREET SHIREMANSTOWN, PA 17011-6718 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~~-1155 CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 254603 C~ ~ ~° °~ ~qa. ~~asas 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 appeazance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You aze 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 #: 254603 Plaintiff is FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE 3637 SENTARA WAY SUITE 303 VIRGINIA BEACH, VA 23452 2. The name(s) and last known address(es) of the Defendant(s) are: CARLOS L. RIVERA 299 EAST GREEN STREET SHIREMANSTOWN, PA 17011-6718 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/05/2007 CARLOS L. RIVERA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FLORIDA CAPITAL BANK, N.A. DBA FLORIDA CAPITAL BANK MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1995, Page 2650. By Assignment of Mortgage recorded 01/21/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201001804. 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 06/01/2009 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 File #: 254603 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon aze collectible forthwith. The following amounts aze due on the mortgage: Principal Balance $182,112.32 Interest $19,066.89 05/01/2009 through 11/14/2010 (Per Diem $34.30) Attorney's Fees $650.00 Late Chazges through 11/14/2010 $121.10 Non Sufficient Funds Chazge $163.28 Mortgage Insurance Premium / $90.49 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Escrow Deficit 9 833.02 Subtotal $212,587.10 Suspense Credit 697.41 TOTAL $211,889.69 7. 8 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 sepazate Action to establish that right, if such right exists. If Defendant(s) has/have received a dischazge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability dischazged 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 File #: 254603 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $211,889.69, together with interest from 11/14/2010 at the rate of $34.30 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. HALLINAN ~i SCHMIEG, LLP By: ^ La ce ~'. Phelan, Esq., d. No. 32227 ^ Fran is S. Hallinan, Esq., d. No. 62695 ^ Dani 1 . Schmieg, Esq., Id. No. 62205 ^ Miche a M. Bradford, Esq., Id. No. 69849 ^ J dith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 254603 LEGAL DESCRIPTION ALL THAT CERTAIN tract or pazcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Courtland Alley at line of land now or formerly of C. W. Shaffer; thence along said alley eastwazdly, 91 feet 3 inches to an iron pin on the line of land now or formerly of Robert W. Smith and wife, formerly land of Chazles Edwazd Stansfield; thence along said Smith land, southwazdly, 240 feet, more or less, to an iron pin on the northern line of Green Street (formerly land of A. K. Rupp); thence along said street, westwazdly, 81 feet, more or less, to the said Shaffer land; thence northwazdly, along the latter land, 240 feet, more or less, to the place of BEGINNING. HAVING ERECTED THEREON a ranch type dwelling house, known and numbered as 299 East Green Street, Shiremanstown, Pennsylvania. SUBJECT to all covenants, conditions, reservations, restrictions, rights and plans of record. PROPERTY ADDRESS: 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011- 6718 PARCEL # 37-23-0555-225 File #: 254603 VERIFICATION Anthony O'Connor hereby states that he/she is Assistant Vice President of, LOANCARE, A DNISION OF FNF SERVICING, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ Name: Anthony O'Connor DATE: 11/23/2010 Title: Assistant Vice President Servicer: LOANCARE, A DNISION OF FNF SERVICING, INC. File #: 254603 Name: RNERA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ancE ?{ Sheriff ? pjwotko A?. Jody S Smith Chief Deputy ?.Q,Q ?j C 2 Richard W Stewart A?? Q?uPjY Solicitor CV QE??@?5??-? Florida Capital Bank NA I Case Number vs. 2010-7755 Carlos L. Rivera SHERIFF'S RETURN OF SERVICE 12/22/2010 09:20 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2010 at 2120 hours, he served a true copy of the within Complaint i rtgage Foreclosure, upon the within named defendant, to wit: Carlos L. Rivera, b makin kn wn unto himself personally, at 299 E. Green Street, Shiremanstown, Cumberland Count nns Ivan 17011 its contents and at the same time handing to him personally the said true and correc c the lame. SHANN HARRISON, DEPUTY SHERIFF COST: $41.50 December 27, 2010 S0 ANSWERS, RONI4'( R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7755 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE Plaintiff (s) From CARLOS L. RIVERA (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/tier that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $214,427.89 L.L. $.50 Interest From 1/28/2011 to Date of Sale (32.25 per diem) Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 2/18/11 r7) M Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 z? Od a? Oa U? 0 a UW CW7 Gd7 PQ d pz d U d O w z PQ Aa O W A n c aw &n 4) OQ U O U w? W 0 x G4 ? t 00 c w rs H vNi O d N W U N ? p rn ? N ??y O? pMp '-+ ke) tN+tN?h??MN ?` zOpNV?o?o ?D ?p p 00 p M N N C O? p pr,??' o oz ozIW- MNN?zb o Zom zz?zb o ?z?zb ?zcZ ?.? b b ,? ., z z r.. w b? ?;,, z .ti W~?rz? N o a WW o ..: 'WW tiW dtiiW a?0 xQ??oN C'. cv a?i ? ofy"CU3 c? C7 Z, C? E EZ -u -6 p c=,A .°U) °;3>tia?UtiU Q3 r LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Courtland Alley at line of land now or formerly of C. W. Shaffer; thence along said alley eastwardly, 91 feet 3 inches to an iron pin on the line of land now or formerly of Robert W. Smith and wife, formerly land of Charles Edward Stansfield; thence along said Smith land, southwardly, 240 feet, more or less, to an iron pin on the northern line of Green Street (formerly land of A. K. Rupp); thence along said street, westwardly, 81 feet, more of less, to the said Shaffer land; thence northwardly, along the latter larid. ?0 F-, place of BEGINNING. HAVING ERECTED THEREON a ranch type dwelling house, known and numbered as 0' Green Street, Shiremanstown, Pennsylvania. SUBJECT to all covenants, conditions, reservations, restrictions, rights and plans of record. TITLE TO SAID PREMISES IS VESTED IN Carlos L. Rivera, single man, by Deed from Sandra K. Graeff and Brian H. Graeff, her husband, dated 06/02/2007, recorded 06/11/2007 in Book 280, Page 2071. PREMISES BEING: 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011-6718 PARCEL NO. 37-23-0555-225 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorneys for Plaintiff FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK : COURT OF COMMON PLEAS MORTGAGE Plaintiff V. CARLOS L. RIVERA Defendant(s) CERTIFICATION : CIVIL DIVISION : NO.: 10-7755 : 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. Attorney for Plat tiff Phelan -tfutffns Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62 ? 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 ?? Court nay R. Dunn, Esq., Id. No. 206779 rew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 FLO4UDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE Plaintiff V. CARLOS L. RIVERA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7755 CUMBERLAND COUNTY PHS # 254603 AFFIDAVIT PURSUANT TO RULE 3129.1 FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE, 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 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011-6718. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CARLOS L. RIVERA Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 299 EAST GREEN STREET SHIREMANSTOWN, PA 17011-6718 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE REAL ESTATE GROUP, THE APARTMENT STORE_ AMERICAN EXPRESS CENTURION BANK AMERICAN EXPRESS CENTURION BANK C/O FREDERIC I. WEINBERG, ESQ. ARROW FINANCIAL SERVICES, LLC C/O DANIEL SANTUCCI, ESQ. 6 MARSHALL DRIVE, APT/STE J-16 CAMP HILL, PA 17011 200 VESEY STREET WFC 01-4 NEW YORK, NY 10285 1001 E HECTOR ST STE 220 CONSHOHOCKEN, PA 19428 1835 MARKET ST STE; 501 PHILADELPHIA, PA 19103 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. l Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 Commonwealth of Pennsylvania 6`n Floor, Strawberry Sq., Dept 280601 Bureau of Individual Tax Harrisburg, PA 17128 Inheritance Tax Division I verify that the statements made in this affidavit are true and correct to the best of m personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C 04 eel g to unsworn falsification to authorities. Date: I U Lawrence T. Ph lean, Esq., Id. No. 32227 nF1?Hitt I sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760" ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? An C. Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., .1d. No. 308951 Attorney For Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL COURT OF COMMON PLEAS BANK MORTGAGE : CIVIL DIVISION Plaintiff : : NO.: 10-7755 VS. CARLOS L. RIVERA : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARLOS L. RIVERA 299 EAST GREEN STREET SHIREMANSTOWN, PA 17011-6718 * 'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED 1W C NEED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, F1 i i S i S 'v( *T A N D 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 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011-6718 is scheduled to be sold at the Sheriffs Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of'$214,427.89 obtained by FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE (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 rrevent this Sheriffs Sale. vou must take immediate action: !'lie sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and re.,,, m<:.6Ie attorney's fees due. To find out how much you must pay, you may call: 215-563-7000x1230. 6c able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the udgment N as improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7755 FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE VS. CARLOS L. RIVERA owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being (Municipality) ?REEN STREET. SHIREMANSTOWN, PA 17011-6718 m `arce l lei G. 37-23-0555-225 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $214,427.89 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 situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Cour land Alley at line of land now or formerly of C. W. Shaffer; thence along said alley eastwardly, 91 feet 3 inches to an iron pin on the line of land now or formerly of Robert W. Smith and wife, formerly land of Charles Edward Stansfield; thence along said Smith land, souhwardly, 240 feet, more or less, to an iron pin on the northern line of Greer, Street (formerly land of A. K. Rupp); thence along said street, westwardly, 81 feet, more or less, to the said Shaffer land; thence northwardly, along the latter land, 240 feet, more or less, to the place of BEGINNING. 1;', z- NI(7i ERECTED THEREON a ranch type dwelling house, known and numbered as 299 East et' ? hiremanstown, Pennsylvania. SUBJECT to all covenants, conditions, reservations, restrictions, rights and plans of record. TITLE TO SAID PREMISES IS VESTED IN Carlos L. Rivera, single man, by Deed from Sandra K. Graeff and Brian H. Graeff, her husband, dated 06/02/2007, recorded 06/11/2007 in Book 280, Page 2071. PREMISES BEING: 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011-6718 PARCEL NO. 37-23-0555-225 FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL COURT OF COMMON PLEAS BANK MORTGAGE : CIVIL DIVISION Plaintiff . : NO.: 10-7755 VS. CARLOS L. RIVERA : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARLOS L. RIVERA 299 EAST GREEN STREET SHIREMANSTOWN, PA 17011-6718 * *Tf17S FURM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W 11A F31,. k.. ';F ll FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, N t) 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 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011-6718 is scheduled to be sold at the Sheriffs Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $214,427.89 obtained by FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE (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 preve-nt. this Sheriffs Sale, you must take immediate action: 1. ? IiL gale 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. i o?, niay be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the j udgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. 1'hc 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 wit!;jr ,c.-, 10) as"y after the filing of the proposed schedule. ?.: ?. ether rights and defenses, or ways of getting your home back, if you act immediately aftc i saie. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7755 FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE vs. CARLOS L. RIVERA owner(s) of property situate in the BOROUGH OF SHIREMANSTOWN, Cumberland County, Pennsylvania, being (Municipality) G KEEN STREET, SHIREMANSTOWN, PA 17011-6718 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $214,427.89 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 situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Courtland Alley at line of land now or formerly of C. W. Shaffer; thence along said alley eastwardly, 91 feet 3 inches to an iron pin on the line of land now or formerly of Robert W. Smith and wife, formerly land of Charles Edward Stansfield; thence along said Smith land, southwardly, 240 feet, more or less, to an iron pin on the northern line of Green Street (formerly land of A. K. Rupp); thence along said street, westwardly, 81 feet, more or less, to the said Shaffer land; thence northwardly, along the latter land, 240 feet, more or less, to the place of BEGINNING. HAV17NG FRECTED THEREON a ranch type dwelling house, known and numbered as 299 East f it 4 'rr -iremanstown, Pennsylvania. SUBJECT to all covenants, conditions, reservations, restrictions, rights and plans of record. TITLE TO SAID PREMISES IS VESTED IN Carlos L. Rivera, single man, by Deed from Sandra K. Graeff and Brian H. Graeff, her husband, dated 06/02/2007, recorded 06/11/2007 in Book 280, Page 2071. PREMISES BEING: 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011-6718 PARCEL NO. 37-23-0555-225 AFFIDAVIT OF SERVICE e PLAINTIFF CUMBERLAND COUNTY < - -°- FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE PHS # 254603 -3 r i DEFENDANT SERVICE TEAM/kxc r'a CD Cn -' CARLOS L. RIVERA COURT NO.: 10-7755 -G SERVE CARLOS L. RIVERA AT: TYPE OF ACTION Ts C-) = =?= r 5686 BLAKESLEE AVE XX Notice of Sheriffs Sale ' !a r HARRISBURG, PA 17111-4125 SALE DATE: 06/01/2011 ***PLEASE RUSH SERVICE*** - -? C 11) SERVED ty Served and made known to CARLOS L. RIVERA , Defendant on the -C day of Acirl 20 111 , at 7' W , o'clock f M., at 4+,.- ?t in the manner describeh below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is w. pe,G Wjj:0ah iSroc-,7 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 2.S- Height -T 9 Weight 19d t Race IV Sex F Other 1, f enc , h nN,? hUff,, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this Al' day of A4-_, 20 Notary: - By: j / NOT SERVED On day of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: NOTARIAL SEAL JAMES E OSBORNE Notary Public WEISSPORT BORO., CARBON COUNTY My Commission Expires Apr 21 2013 ATTORNEY FOR PLAINTIFF Lawrence T. Phdan, Esq, Id. No. 32227 Francis S. HelBnan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq, Id. No. 69849 Judith T. Romano, Esq, Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jennie 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. Mukahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq, Id. No. 206779 Andrew C. Brsmblett, Esq., Id. No. 208375 Allison F. Wells, Esq, Id. No. 3119519 William E. Miller, Esq Id. No. 308951 One Penn Center at 9'6i?an Station 1617 John F. Kennedy Blvd, Suite 1400 PhOaddphia,PA 19103.1814 (215) 563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE Plaintiff, V. CARLOS L. RIVERA Defendant(s) CUMBERLAND COUNTY r ; C~: COURT OF COMMON P z CIVIL DIVISION No.: 10-7755 ??, 5? CIO C.D C? -ra AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 -°° --1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached beret x i W,'A". ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr is 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 ? 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 Date: 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. PHS # 254603 • FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE Plaintiff V. CARLOS L. RIVERA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7755 CUMBERLAND COUNTY PHS # 254603 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE, 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 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011-6718. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CARLOS L. RIVERA 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 299 EAST GREEN STREET SHIREMANSTOWN, PA 17011-6718 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE REAL ESTATE GROUP, 6 MARSHALL DRIVE, APT/STE J-16 THE APARTMENT STORE_ CAMP HILL, PA 17011 AMERICAN EXPRESS CENTURION BANK 200 VESEY STREET WFC 01-4 NEW YORK, NY 10285 AMERICAN EXPRESS CENTURION BANK 1001 E HECTOR ST STE 220 C/O FREDERIC I. WEINBERG, ESQ. CONSHOHOCKEN, PA 19428 ARROW FINANCIAL SERVICES, LLC 1835 MARKET ST STE 501 C/O DANIEL SANTUCCI, ESQ. PHILADELPHIA, PA 19103 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. b. 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 299 East Green Street Shiremanstown, PA 17011-6718 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 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 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 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 atin to unsworn falsification to authorities. By: ? Lawrence T. Phelan, Esq., Id. No. 32 ? 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 ? 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 Attorney For Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 O V• N ttl W tt ?ti ? d r-1 a0? C4C V xi I o9z lo U x`41 ? ?qj'? ? J'1( ? ? ? ? ? >?gif/p ref M •. ? ? ? Y ]`.- !, 00 v ? a a0z ? ¢ o¢ ? W o ? r.l f+l z UN? V ? a(• iF v E o iF dt it• •& r N M of Vl ?D t? 00 T jw E? V i \ z V Q R o G d E :22 N48E i op a?i «A $E? off ? o•o.?g °Ji N - .n Fa ,o ? N ? C FNS v w r o .Q o _ •o .? o ?+yoo?3N a •g ??w ? 3 7A5a an ,-a ro• ?en- G N W n.T .3 w ° ? U C t? N O'G ?'O pOp O. N N 00 . E O '?O?? N C E M b = u v E gg F E v F Q.0' 0 a g N 0. W I, o m [fit vj z , 1 ? N U o _ rill 9 w Ln °.0, d 7 F° a. ao ?w b r f..r N b zao g- k E 0 L 6 L 3 003 dI Z WOad 0311 VW LLOZ S OU"O La1fW F0 $ 9SZLLZb0 WL 00 Z0 ; _:? i _ ds $ u o - c w V I N d rr S QM A r ` G ? ti . 0 ? Vi •y .ye?o .. W ?' .os a " a n .. o 44 ? fn a CL b ?rW(? fY? ? s.a ?n ? ? , ?3 .? 'g ,? p $? < d ew a8 ! a ? ASE ? ? E+ VO4X W U Z? d a "•?`• v.. Z' ? d ° v°A?' ? d Igo . •, a L ww "??' . l l ? W d g „ ,. 3 x o c A N. wl l ? o . .. z Z e?v, AU?U UC?a? ....r? Ddwe,, ?oU de? d ..U U.C+ AE•y?aia? UCi.®i?p,T,? ?,? C a ' ••? N M ? Vl ? O P 00 O? ? ' ? Nr `? F ' Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff FLORIDA CAPITAL BANK, N.A. DBA FLORIDA CAPITAL BANK MORTGAGE Plaintiff vs CARLOS RIVERA Defendant Court of Common Pleas ,:-a e-i' Civil Division =r`?'?z To =';0 n CUMBERLAND County No. 10-7755 o Co :c: c c i PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute TIGER INVESTMENT GROUP, INC. as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: TIGER INVESTMENT GROUP, INC. is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment has been executed and sent for recording in CUMBERLAND County on or about _07/09/2011 Kindly amend the information on the docket accordingly. Date: July 28, 2011 P LA HALLINA SCHMIEG, LLP By: PHS# 254603 Lawrenc Phelan, Esq., Id. Nol 32227 Francis allinan, Esq., Id. No. 62695 Daniel G chmieg, Esq., Id. No. 62205 Michele . Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 0 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 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff FLORIDA CAPITAL BANK, N.A. DBA FLORIDA CAPITAL BANK MORTGAGE Plaintiff vs CARLOS RIVERA Defendant Court of Common Pleas c MF rn o° -+ C7 C) C) ?-? rr, Civil Division -u MW rrI :;a CUMBERLAND County =r- No. 10-7755 v n ca Z PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of TIGER INVESTMENT GROUP, INC., located 10151 DEERWOOD PARK BLVD. BLDG 100 SUITE 410, JACKSONVILLE, FLORIDA 32256. Date: July 28, 2011 P"AN HALLINANA SCHMIEG, LLP Jemne R. Davey, Esq., Id. No. 87 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 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 254603 Attorneys for Plaintiff By: Lawre c Phelan, Esq., Id. No. 2227 Franci . Hallinan, Esq., Id. No. 2695 Danie G Schmieg, Esq., Id. No. 2205 Miche a Bradford, Esq., Id. N t 69849 Judith .Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 0 07 ??,? 1?o2awD ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of TIGER INVESTMENT GROUP, INC.. Date: July 28, 2011 PHE? j HALUNAN "CHMIEG, LLP By: TFrancisal lan, Esq., No. 3 227 an, Esq., Id.No. 6 95 eg, Esq., Id. No. 6 205 ford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 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 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 254603 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FLORIDA CAPITAL BANK, N.A. DBA FLORIDA CAPITAL BANK MORTGAGE Plaintiff V. CARLOS RIVERA Defendant Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-7755 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Praecipe to mark judgment to TIGER INVESTMENT GROUP, INC. and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: CARLOS RIVERA 299 EAST GREEN STREET SHIREMANSTOWN, PA 17011-6718 Date: ?1 By: Lawr n e T. Phelan, Esq., Id. N¢. 32227 Francs . Hallinan, Esq., Id. N 62695 Dani . Schmieg, Esq., Id. No. 62205 Mich M. Bradford, Esq., Id. No. 69849 Judith -f. Romano, Esq., Id. No. 58745 . Sheetal R. Shah-Jani, Esq., Id. No. 81 0 Jenine R. Davey, Esq., Id. No. 8707 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff -.-- `SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor L4?4??11' ©? crtUltl?iPrfl?t OF .t -, FF c7 _r `C ?1,4SYL,f ???{a4 Florida Capital Bank NA vs. Carlos L. Rivera Case Number 2010-7755 SHERIFF'S RETURN OF SERVICE 03/10/2011 04:33 PM - Deputy Ronald Hoover, 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 299 East Green Street, Shiremanstown, PA 17011, Cumberland County. 03/10/2011 07:27 PM - Deputy Ronald Hoover, 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 299 East Green Street, Shiremanstown, PA 17011, Cumberland County. 03/22/2011 05:52 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Carlos L. Rivera, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 299 E. Green Street, Shiremanstown, PA 17011, defendant does not reside at address stated, left a forwarding at the post office of: 5686 Blakeslee Ave, Hbg, PA 17111. 04/04/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Carlos L. Rivera, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 06/01/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/06/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/7/2011 09/08/2011 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, Tiger Investment Group, Inc., of, 3637 Sentura Way, Virginia Beach, Va 23452 being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $813.27 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ?cl • ?c' iii GounrySuilP She 't. 7e?e s:NP. In:: On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA, Known and numbered as, 299 East Green Street, Shiremanstown, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate-Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-7755 Civil Florida Capital Bank NA VS. Carlos L. Rivera Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7755, FLORIDA CAPITAL BANK N.A. DBA FLORIDA CAPITAL BANK MORTGAGE vs. CARLOS L. RIVERA, owner(s) of property situate in the BOROUGH OF SHIREMANS- TOWN, Cumberland County, Penn- sylvania, being 299 EAST GREEN STREET, SHIREMANSTOWN, PA 17011-6718. Parcel No. 37-23-0555-225. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $214,427- .89. 69 The Patriot-News Co, 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'?e Patti* otoyNews 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: 04/22/11 04/29/11 1leKld? C?idN itN?Mc f1A 05/06/11 Vs M ........ U ...... By virtue of a Writ of Evmrdoq NO. 10- 7755 D OMACAAC ANNK Sworn to and ubscribed b e the this 23 y of May, 2011 A.D. MORTGAGE R C oweK? tt of == Atwe tutee Notary Public BORO[IG '?NS1?DW' Cumberland cbtmty, Pem"Wania, being (Muuimpality) 299EASTGREP.NMEET, ? COMMONWEALTH OF PENNSYLV SHFRir AANSfO%W, PA 17043.6718 Noterlal Seel ANIA Parcel No. 37-23.0355-0, (AatW of sqU add"u) Lower Paxton , Notary Publk tl ;. REME MAL TwP, DauphMi CaMty Imp"ft" MY Com? BO Nov. 26,2011 Member, PennynyM WDQMKNT AMQ?J1'4n4A27.89 Assoclatlon of Nofarles COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Tiger Investment Group Inc. 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 18 day of February, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7755, at the suit of Florida Capital Bank N.A. DBA Florida Capital Bank Morgage against Carlos L. Rivera is duly recorded as Instrument Number 201129281. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this tcJr day of tll9ta?-M- , A.D. a0,11 ? of Deeds Redbrder of Duds Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2014