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HomeMy WebLinkAbout11-4647Phelan Hallinan & Schmieg, LLP Vawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FILED-OFFICE OF THE PROTHONOTARY 2011 MAY 31 AN 8: 58 CUMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF 267983 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR COURT OF COMMON PLEAS REPERFORMING LOAN TRUST 2005-1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JAMES GRUNDON PAMELA S. DEHAVEN 430 HERMAN AVENUE LEMOYNE, PA 17043-1942 Defendants CIVIL DIVISION TERM /?? NO. I I,1.??? Cl h? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 267983 Otte a aa. t6 -P d 4*? /DSBy$s ?-? aS9 ?'lot L( 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 #: 267983 Plaintiff is HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES GRUNDON PAMELA S. DEHAVEN 430 HERMAN AVENUE LEMOYNE, PA 17043-1942 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/11/1998 JAMES GRUNDON and PAMELA S. DEHAVEN made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1505, Page 963. By Assignment of Mortgage recorded 12/15/1998 the mortgage was assigned to NORWEST MORTGAGE, INC. which Assignment is recorded in Assignment of Mortgage Book No. 597, Page 776. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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 11/0 1/2010 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 #: 267983 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 as of 6/1/2011: Principal Balance $79,892.82 Interest $3,661.76 10/01 /2010 through 6/1/2011 Late Charges $30.03 Property Inspections $120.00 Property Preservations $135.00 Escrow Deficit $1,047.42 TOTAL $84,887.03 7 8 9. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 267983 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $84,887.03, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN By: [J Lawrence T. Phelan, Esq., Id. No. 32227 Francis S'am' 62695 ? Daniel G. Schmieg, Esq., Id. No. 2205 I' '4r ? Michele M. Bradford, Esq., Id. .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 ? ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 267983 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Herman Avenue, at the intersection of the southerly line of Herman Avenue with the western line of Lot No. 49, Block 'C' in the hereinafter mentioned Plan of Lots; thence in the southerly direction along the last mentioned line 150 feet to a point on the northerly line of Plum Alley; thence in a western direction along Plum Alley, 17 1/2 feet, more or less to a point; thence in a northerly direction along a line running through the center of the partition wall of a 2 1/2 double frame dwelling house 150 feet to a point on the southerly line of Herman Avenue; thence in an easterly direction along Herman Avenue, 17 1 /2 feet, more or less, to the point and place of BEGINNING. BEING the eastern half of Lot No. 48, Section 'C' in the Plan of Lots known as Plan 1 of Riverton, as recorded in the Cumberland County Recorder's Office in Deed Book 'J', Volume 4, page 40. HAVING thereon erected the eastern half of a double 2 1/2 story frame dwelling house No. 430 Herman Avenue, Lemoyne, PA. BEING the same premises which Eric J. Desrosiers, by his Deed dated December 11, 1998 and recorded December 15, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 190, Page 1097 granted and conveyed unto James Grundon File #: 267983 and Pamela S. DeHaven, then both single persons. James Grundon has since married Tina M. Grundon. Tina M. Grundon joins in this Deed to convey all right, title and interest she has in the premises as spouse of James Grundon, a Grantor herein. PROPERTY ADDRESS: 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 PARCEL # 12-22-0822-147 File #: 267983 VERIFICATION 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: Atto for Plaintiff File #: 267983 ' Phelan Hallinan & Schmieg, LLP jr 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 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 Plaintiff LEU-C.- F I Wit:. 29 11 JUN 20 AID 9: 4 (9 CUMBERLAND 1:OUN a ,,,, PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. JAMES GRUNDON PAMELA S. DEHAVEN : No. 11-4647-CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE V/o.oa 0 Ka 1ce398y R:9 2 `oys16 i ' r TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN?&-S Milid-, LLP By: Lawrence ?T.elan, Esq., Id. No. 3 7 n Frann;n, Esq., Id. 695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtena R. Dunn, Esq., Id. No. 206779 eAllison rew C. Bramblett, Esq., Id. No. 208375 F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Date: June 17, 2011 /tam, Svc Dept. File# 267983 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?$?t?t?r o[ Lti?rtbr?r?lt? OP , E OF t..c .,.ERI>`r (IF THE PROTHONOTARY 2011 JUN 29 AN 9= 21 CUMBERLAND COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor HSBC Bank USA vs. James Grundon, Sr. (et al.) Case Number 2011-4647 SHERIFF'S RETURN OF SERVICE 06/01/2011 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: James Grundon, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 06/07/2011 07:50 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2011 at 1950 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James Grundon now known as James Grudon Sr., by making known unto Sue Stum, adult in charge at 965A Bloser Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and corr ct copy of the same. AEL BARRICK, DEPUTY 06/07/2011 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: Pamela S. Dehaven, 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 Pamela S. Dehaven. Request for service at 430 Herman Avenue, Lemoyne, Pennsylvania 17043 is vacant. The Lemoyne Postmaster has confirmed, Pamela S. Dehaven's new address is P.O. BOX 185, Ickesburg, Pennsylvania 17037. 06/14/2011 York County Return: And now, June 14, 2011 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for James Grundon Sr. the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND. Request for service at 331 Thorley Road, New Cumberland, Pennsylvania 17070 the Defendant was not found. The New Cumberland Postmaster advised, James Grundon Sr.'s new address is 965 Bosler Avenue, Apartment A, Lemoyne, Pennsylvania 17043. SHERIFF COST: $122.00 June 27, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Io; Ccun'ySuite Sr en?f Te!eosott_ nec, SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuedeber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE Vs. JAMES GRUNDON Case Number 11-4647 CIVIL SHERIFF'S RETURN OF SERVICE 06/03/2011 05:00 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: JAMES GRUNDON AT 331 THORLEY ROAD, NEW CUMBERLAND, PA 17070. THE DEFENDANT WAS FOUND TO HAVE MOVED. 06/14/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: JAMES GRUNDON, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 331 THORLEY ROAD, NEW CUMBERLAND, PA 17070. PER POST OFFICE CHECK, NEW ADDRESS IS 965 BOSLER AVE., APT A, LEMOYNE, PA 17043-1768. SHERIFF COST: $41.95 SO A RS, June 15, 2011 RICHARD P KtTEREEBtR1-9-H-M1FF ---- -- - ------------------------------------ ----- ----- -- - ------ - ----------- NOTARY Affirmed and subscribed to before me this 15TH day of JUNE 2011 (CJ CountySuite Shenf}, releusoft. in NOTARIAL SEAL LISA L. THORPE. NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRESAUG. 12. 2013 SHERIFF'S OFFICE OF CUMBERLAND Ronny R Anderson Sheriff Jody S Smith Chief Deputy ' Solicitor OFFN E OF 7 COUNTY Richard W Stewart FILED-OFFICE OF THE PPOTHONOT)kRY 2011 JUN 29 AM co- 21 C!1 PENNSYLVAN A TY HSBC Bank USA vs. James Grundon, Sr. (et al.) Case Number 2011-4647 SHERIFF'S RETURN OF SERVICE 06/21/2011 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: Pamela S. Dehaven, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 06/23/2011 12:50 PM - Perry County Return: And now June 23, 2011 at 1250 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pamela S. Dehaven by making known unto herself personally, at 218 Walton Circle, Ickesburg, Pennsylvania 17037 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 27, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;C Coumy5uite Sheriff . Teieoso'.t. Inc. HSBC Bank USA IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Pamela S. Dehaven No. 2011-4647 Cumberland Co. SHERIFF'S RETURN And now June 23 , 2011 : Served the within name Pamela S. Dehaven the defendant(s) named herin, personally at her place of residence in Saville Twp- 218 Walton Circle, Ickesburg Perry County, PA, on June 23, 2011 at 12:50 o'clock PM by handing to Pamela S. Dehaven, defendant 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this ?)Iga day of J GCn., 0/ So answers G Ai?WO4 la-vi vlalvce ¢ ?/?y A # D Sheriff f erry County V COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL. MARGARET F. FUCKINGER, Notary Pl NIc Bloomfield Boro. Perry County M Commigon irrea Feb. tG, `>. AV Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 J Prancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 FILED-GFFEC Michele M. Bradford, Esq., Id. No. 69849 F T HL PROTHONOTARY Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 2011 JUL -7 AM 10: 35 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 CUMBERLAND COUNTY Vivek Srivastava, Esq., Id. No. 202331 PENNSYLVANIA 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 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING CIVIL DIVISION LOAN TRUST 2005-1 Plaintiff CUMBERLAND COUNTY VS. JAMES GRUNDON PAMELA S. DEHAVEN Defendants : No. 11-4647-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE W aM} %Ip. d a Ck-44-- 16q k14J--21*ly $'1 ? , TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN SCHMIEG, LLP U La T PheIa:,Wo.F&, Id. No. 3222 T7 Francis S. Hallinan, Esq., Id. No. 6 5 ? Daniel G. Schmieg, Esq., Id. N 2205 ? Michele M. Bradford, Esq, d. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtena unn, Esq., Id. No. 206779 ? ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Date: July 6, 2011 /tam, Svc Dept. File# 267983 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson PILED-OFF(CI: F l ? ,ra,t t Sheriff 0 t THE Pi'CTI 0 ??ptt? a( i?17?rtG?r?? Jody S Smith a 2011 JUL 15 AM 8: 3 Chief Deputy Richard W Stewart CUMBERLAND %GUN i `i Solicitor OFF,--F'- T"? '-RIFF PENNSYLVANIA HSBC Bank USA vs. James Grundon, Sr. (et al.) Case Number 2011-4647 SHERIFF'S RETURN OF SERVICE 07/12/2011 08:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2011 at 2005 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James Grundon Sr., by making known unto himself personally, at 965A Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $44.00 July 13, 2011 TIM BLp K, DEPUTY SO ANSWERS, RON Y R ANDERSON, SHERIFF !Cj :IWITYSaIRO Sh.&M, T-OE',>Fofl. 111..:. PHELAN HALLINAN & SCHMIEG, LLP William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 VS. JAMES GRUNDON PAMELA S. DEHAVEN Attorney for Plaintiff C-- --°: CUMBERLAND COUNTY .M zrnn Z70 COURT OF COMMON PLE r. CIVIL DIVISION c C Zo v C 4 No. 11-4647-CIVIL ?-+ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES GRUNDON, and PAMELA S. DEHAVEN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $84,887.03 Interest - 06/02/2011 to 08/18/2011 $1,173.77 TOTAL $86,060.80 I hereby certify that (1) the Defendants' last known addresses are 965 BOSLER AVE, APT A, LEMOYNE, PA 17043-1768,430 HERMAN AVENUE, LEMOYNE, PA 17043-1942, and 218 WALTON CIRCLE, ICKESBURG, PA 17037, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date - 1 Aq) illiam E. Miller, Esquire Attorney for Plaintiff ,1L1.00 DAMAGES ARE HEREBY ASSESSED AS INDICATED. C 11ap? 3S DATE: 3 `e w PHS # 267983 PROTHONOTARY 267983 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 HSBC BANK USA, NATIONAL TRUST : CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR THE : COURT OF COMMON PLEAS HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 CIVIL DIVISION VS. JAMES GRUNDON PAMELA S. DEHAVEN : No 11-4647-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES GRUNDON is over 18 years of age and resides at 965 BOSLER AVE, APT A, LEMOYNE, PA 17043-1768 and 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942. (c) that defendant PAMELA S. DEHAVEN is over 18 years of age and resides at 218 WALTON CIRCLE, ICKESBURG, PA 17037 and 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date lk9? William E. Miller, Esquire Attorney for Plaintiff 267983 (Rule of Civil Procedure No. 236) - Revised HSBC BANK USA, NATIONAL TRUST CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING COURT OF COMMON PLEAS LOAN TRUST 2005-1 VS. CIVIL DIVISION JAMES GRUNDON No. 11-4647-CIVIL PAMELA S. DEHAVEN Notice is given that a Judgment in the above captioned matter has been entered against you on By: 4b If you have any questions concerning this matter please contact: William E. Miller, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4647-CIVIL CUMBERLAND COUNTY JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) TO: JAMES GRUNDON 965 BOSLER AVE, APT A LEMOYNE, PA 17043-1768 DATE OF NOTICE: August 3, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 267983 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Co ay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 267983 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4647-CIVIL CUMBERLAND COUNTY JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) TO: PAMELA S. DEHAVEN 218 WALTON CIRCLE ICKESBURG, PA 17037 DATE OF NOTICE: August 3, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. RUPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRTI"TEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 267983 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Co R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallman & Schnuc& LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 267983 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 Plaintiff v. JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) TO: PAMELA S. DEHAVEN 430 BERMAN AVENUE LEMOYNE, PA 17043-1942 DATE OF NOTICE: August 3, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4647-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EWFORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 267983 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THLS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Court y R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 267983 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4647-CIVIL CUMBERLAND COUNTY JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) TO: JAMES GRUNDON 430 HERMAN AVENUE LEMOYNE, PA 17043-1942 DATE OF NOTICE: August 3, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 267983 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 B Y: Courtena . Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 267983 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-4647 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTER REPERFORMING LOAN TRUST 2005-1 Plaintiff (s) From JAMES GRUNDON AND PAMELA S. DEHAVEN (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: $86,060.80 L.L.: ?`. Std Interest from8/19/2011 to Date of Sale ($14.15 per diem) - t.?i S.W. 36 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $355.50 Other Costs: Plaintiff Paid: Date: 12/1/2011 ale?w/ avid D. Bu 11, Prothonotary (Seal) By: - Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR COURT OF COMMON PLEAS THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 Plaintiff CIVIL DIVISION v JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/19/2011 to Date of Sale ($14.15 per diem) NO.: 11-4647-CIVIL CUMBERLAND COUNTY $86,060.80 ? c1` $2,858.30 TOTAL $88,919.10 c:77, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff Note: Please attach description of property. PHS # 267983 a4.tel. b? a 9P- o CS CCF guy ?y (A) h ?w 9?. oo =h It?•?ori? (D - oz> 1u.vD ti a5ol?a 355 to,z c?. tb?, SD 09k.11 113a900 "a(&-79 sv M14- d Ale _UPILI?d a+ O A N O W cHti C? H d W d U Y` O? ?o d? ?N Wr/a H? oa xH O? z0 00 T ??' way ? da 7Q?d 3 W 45 W aNU U w? o; o? H O C? A? ? v? o ?c w =o LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Herman Avenue, at the intersection of the southerly line of Herman Avenue with the western line of Lot No. 49, Block'C' in the hereinafter mentioned Plan of Lots; thence in the southerly direction along the last mentioned line 150 feet to a point on the northerly line of Plum Alley; thence in a western direction along Plum Alley, 17 1/2 feet, more or less to a point; thence in a northerly direction along a line running through the center of the partition wall of a 2 1/2 double frame dwelling house 150 feet to a point on the southerly line of Herman Avenue; thence in an easterly direction along Herman Avenue, 17 1/2 feet, more or less, to the point and place of BEGINNING. BEING the eastern half of Lot No. 48, Section 'C' in the Plan of Lots known as Plan 1 of Riverton, as recorded in the Cumberland County Recorder's Office in Deed Book'J', Volume 4, page 40. HAVING thereon erected the eastern half of a double 2 1/2 story frame dwelling house No. 430 Herman Avenue, Lemoyne, PA. TITLE TO SAID PREMISES IS VESTED IN Pamela S. Dehaven, single woman, by Deed from James Grundon and Pamela S. Dehaven, dated 10/03/2006, recorded 01/05/2007 in Book 278, Page 1414. PREMISES BEING: 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 PARCEL NO. 12-22-0822-147 PHELAN HALLINAN & SCHMIEG, LLP Daniel G. Schmieg, Esq., Id. No.62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r r; HSBC BANK USA, NATIONAL TRUST`S }}???JSTEE FOR THE HOLDERS OF MASTR REPE 6116AN TRUST 2005-1 Plaintiff v. JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4647-CIVIL 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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. Phelan Hallinan & Schmieg, LP Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUS,TEE FOR THE HOLDERS OF 4?A -irk , REPERFORMING LOAN TRUST 2605 1 i ' i'i V. Plaintiff 'b14 , 0 Coy JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4647-CIVIL CUMBERLAND COUNTY PHS # 267983 AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1, 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 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942. Name and address of Owner(s) or reputed Owner(s): Name PAMELA S. DEHAVEN Name and address of Defendant(s) in the judgment: Name JAMES GRUNDON PAMELA S. DEHAVEN Address (if address cannot be reasonably ascertained, please so indicate) 218 WALTON CIRCLE ICKESBURG, PA 17037 Address (if address cannot be reasonably ascertained, please so indicate) 965 BOSLER AVE, APT A LEMOYNE, PA 17043-1768 218 WALTON CIRCLE ICKESBURG, PA 17037 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) CAPITAL ONE BANK 6851 JERICHO TURNPIKE #19C SYOSSET, NY 11791 CAPITAL ONE BANK C/O JAMES C WARMBRODT, ESQUIRE CAPITAL ONE BANK C/O SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, AS GARNISHEE WELTMAN, WEINBERG & REIS, CO., L.P.A. 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 3850 HARTZDALE DRIVE CAMP HILL, PA 17011 CAPITAL ONE BANK 1640 HIGH STREET C/O WEST BRANCH VALLEY FEDERAL WILLIAMSPORT, PA 17701 CREDIT UNION FWA SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, AS GARNISHEE SUSQUEHANNA VALLEY FEDERAL 619 BRIDGE STREET CREDIT UNION, AS GARNISHEE NEW CUMBERLAND, PA 17070 C/O STEVEN HOWELL, ESQUIRE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION PENNSYLVANIA STATE EMPLOYEES CU Capital One Bank, N.A. Capital One Bank, N.A. I CREDIT UNION PLACE HARRISBURG, PA 17110 1 CREDIT UNION PLACE PO BOX 67013 HARRISBURG, PA 17110 15000 Capital One Drive Richmond, VA 23238 1680 Capital One Drive McLean, VA 22102 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK, AS 1301 OFFICE CENTER DRIVE, #200 INDENTURE TRUSTEE FORT WASHINGTON, PA 19034 C/O RESIDNTIAL FUNDING CORPORATION The Chase Manhattan Bank, as Indenture Trustee C/o: Resource Bank 8911 Laurel Bowie Road; Suite 307 Bowie, MD 20715 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) RIVERTON PROPERTIES OF PENNSYLVANIA, LLC 813 BLACKSTONE ROAD CONNELLSVILLE, PA 15425 RIVERTON REALTY OF PENNSYLVANIA, 813 BLACKSTONE RD LLC CONNELLSVILLE, PA 15425-2901 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 430 HERMAN AVENUE LEMOYNE, PA 17043-1942 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements here' ade subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: By: Phelan Hallinan & Schmieg, LLB Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff HSBC BANK USA, NATIONAL TRUST COMPANY, AS COURT OF COMMON PLEAS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 CIVIL DIVISION Plaintiff NO.: 11-4647-CIVIL VS. CUMBERLAND COUNTY JAMES GRUNDON n PAMELA S. DEHAVEN , Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ' - 4 C-1 TO: JAMES GRUNDON PAMELA S. DEHAVEN =r ` 965 BOSLER AVE, APT A 218 WALTON CIRCLE LEMOYNE, PA 17043-1768 ICKESBURG, PA 17037 "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 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 is scheduled to be sold at the Sheriffs Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,060.80 obtained by HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-4647-CIVIL HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 vs. JAMES GRUNDON PAMELA S. DEHAVEN owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 Parcel No. 12-22-0822-147 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,060.80 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Herman Avenue, at the intersection of the southerly line of Herman Avenue with the western line of Lot No. 49, Block 'C' in the hereinafter mentioned Plan of Lots; thence in the southerly direction along the last mentioned line 150 feet to a point on the northerly line of Plum Alley; thence in a western direction along Plum Alley, 17 1 /2 feet, more or less to a point; thence in a northerly direction along a line running through the center of the partition wall of a 2 1/2 double frame dwelling house 150 feet to a point on the southerly line of Herman Avenue; thence in an easterly direction along Herman Avenue, 17 1/2 feet, more or less, to the point and place of BEGINNING. BEING the eastern half of Lot No. 48, Section 'C' in the Plan of Lots known as Plan 1 of Riverton, as recorded in the Cumberland County Recorder's Office in Deed Book'Y, Volume 4, page 40. HAVING thereon erected the eastern half of a double 2 1/2 story frame dwelling house No. 430 Herman Avenue, Lemoyne, PA. TITLE TO SAID PREMISES IS VESTED IN Pamela S. Dehaven, single woman, by Deed from ;fames Grundon and Pamela S. Dehaven, dated 10/03/2006, recorded 01/05/2007 in Book 278, Page 1414. PREMISES BEING: 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 PARCEL NO. 12-22-0822-147 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 1 ti 'RO J HOND Attorney for laintiff TA' d 1 FEB 15 API Ia: 14 CI UMD£RLAND CDUNT? PENNSYLYANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HSBC BANK USA, NATIONAL TRUST CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005- COURT OF COMMON PLEAS 1 Plaintiff, . CIVIL DIVISION V. JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) No.: 11-4647-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3 17) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attac ed h reto Exhibit Melissa J. Cantwell, Esquire Attorney for Plaintiff Date: t' A111a IMPORTANT 4TICE: 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 # 267983 EXH'B?T 11 A„ lit s G vvv o E pE w ??gu o G A ? w 1 /?` ?u??a+ LCy. ? ? ?' oo" D ca w F ? p? C w +a w ? dd 'r` F ?i oe ? F a w F s axe w "d 3 ? ? w ? O O w `?, ,y, ? ? • ,.7 ox u 1 -0, a °w $ d °7` 4wtwj°H4 HOpe,rd°`Z Ew? ri) ? U a ?x O c,? o ?-? ;wwdo. a Fp w?>?j?-?oCOOU•?HdW?OOl-ti N 5, ?ddWo 14W 0 00m xQ?yp ?op"?'a?x?wm w?Mp ,? a3 V ow ZiSa?O rZ?d DU W U? x CQC1.y?'?O? rs:.W .049( R"ooU V A 49 o M ?S z a? W a d N O O M O 0. 0 U ? ? O a? a1 4 ? F7 .SAov ?° x??R a? a. a`.-°Oa t y b z¢o ?? v o h 5 w a f in E C : C v ? ? g O ? ° 5 a y y u u E ? :? b 0 v V q ? o cn _ > o o $ ctlw u O? a W M a 0 ? W V d s O a ?. F o Q ' ? Ali o ! ?8 W? W p W ? c a F `?WW U U? c (f) ; w aW" wowo B OG ? p oo a U o a 0 ? WM ?W 3 z a4 zA OD Z ? ??>O E''?' d >d Zw"`rxd ? p go go e ?• A ? ? N d Fr ? Z N pq ? W ?" ? O pq ? p V Q p G??i ? " ? ? h W o ? ? zd wC °oF v3v3Ao3o w CT 4 ? o ? vv a u _ ^+ N M to ?O t- t a F a SHERIFF'S OFFIJE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F17 P qtr of ?t fit r??. Jody S Smith' 13,2 MAC i -4 AM ICS: 00 Chief Deputy Richard W Stewart CUMBERLAM COUNTY Solicitor PENNSYP/ANIA HSBC Bank USA Case Number vs. 2011-4647 James Grundon, Sr. (et al.) SHERIFF'S RETURN OF SERVICE 12/28/2011 08:15 PM - Deputy Gerald Worthington, 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 430 Herman Avenue, Lemoyne, Cumberland County, PA 17043. 12/28/2011 08:11 PM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: James Grundon, Sr. at 965 Bosler Avenue, Apt A, Lemoyne Borough, Lemoyne, Cumberland County. PA 1704. 12/29/2011 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: Pamela S. Dehaven, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Perry County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 01/03/2012 Perry County Return-And now January 3, 2012: Served the within name Pamela S. DeHaven the defendant(s) named herein, perosnally at her placed of residence in Saville Twp-218 Walton Circle, Ickesburg, Perry County, PA on January 3, 2012 at 2:08 o'clock PM by handing to Pamela S. DeHaven, defendant 1 true and attested copy(ies) of the winin Notice of Sheriff Sale and Debtor's Rights and makd known to her the contents thereof. So answer, Derek Bates, Deputy Sheriff of Perry County. 02/21/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/22/2012 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, Pennsylvania on March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of the HSBC Bank USA, National Trust Company, as Trustee for the Holders of Mastr Reperforming Loan Trust 2005-1 at 3476 Statevoew Boulevard, Fort Mill, South Carolina 29715. HSBC Bank USA, National Trust Company, as Trustee for the Holders of Mastr Reperforming Loan Trust 2005-1 , being the buyer in this execution, paid to the Sheriff the sum of $1080.37. 03/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. SHERIFF COST: $1,080.37 SO ANSWERS, March 22, 2012 RON R ANDERSON, SHERIFF 4155-, oo -2 -co SV tL. rd- eA-0 5:?G-<67 -4 S`b .5/3 . '6 CciRiiySui!a Shetifi, 'fek:c'Oft MC y HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FORTHEHOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 Plaintiff V. JAMES GRUNDON PAMELA S. DEHAVEN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4647-CIVIL CUMBERLAND COUNTY PHS # 267983 AFFIDAVIT PURSUANT TO RULE 3129.1 HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1, 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 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PAMELA S. DEHAVEN 2. Name and address of Defendant(s) in the judgment: Name JAMES GRUNDON PAMELA S. DEHAVEN 218 WALTON CIRCLE ICKESBURG, PA 17037 Address (if address cannot be reasonably ascertained, please so indicate) 965 BOSLER AVE, APT A LEMOYNE, PA 17043-1768 218 WALTON CIRCLE ICKESBURG, PA 17037 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) CAPITAL ONE BANK 6851 JERICHO TURNPIKE #19C SYOSSET, NY 11791 CAPITAL ONE BANK C/O JAMES C WARMBRODT, ESQUIRE CAPITAL ONE BANK C/O SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, AS GARNISHEE WELTMAN, WEINBERG & REIS, CO., L.P.A. 436 SEVENTH AVE STE 1400 PITTSBURGH, PA 15219 3850 HARTZDALE DRIVE CAMP HILL, PA 17011 CAPITAL ONE BANK 1640 HIGH STREET C/O WEST BRANCH VALLEY FEDERAL WILLIAMSPORT, PA 17701 CREDIT UNION F/K/A SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, AS GARNISHEE SUSQUEHANNA VALLEY FEDERAL 619 BRIDGE STREET CREDIT UNION, AS GARNISHEE NEW CUMBERLAND, PA 17070 C/O STEVEN HOWELL, ESQUIRE PENNSYLVANIA STATE EMPLOYEES CREDIT UNION. ' PENNSYLVANIA STATE EMPLOYEES CU Capital One Bank, N.A. Capital One Bank, N.A. 1 CREDIT UNION PLACE HARRISBURG, PA 17110 1 CREDIT UNION PLACE PO BOX 67013 HARRISBURG, PA 17110 15000 Capital One Drive Richmond, VA 23238 1680 Capital One Drive McLean, VA 22102 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) THE CHASE MANHATTAN BANK, AS 1301 OFFICE CENTER DRIVE, #200 INDENTURE TRUSTEE FORT WASHINGTON, PA 19034 C/O RESIDNTIAL FUNDING CORPORATION The Chase Manhattan Bank, as Indenture Trustee C/o: Resource Bank 8911 Laurel Bowie Road; Suite 307 Bowie, MD 20715 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. 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) RIVERTON PROPERTIES OF 813 BLACKSTONE ROAD PENNSYLVANIA, LLC CONNELLSVILLE, PA 15425 RIVERTON REALTY OF PENNSYLVANIA, 813 BLACKSTONE RD LLC CONNELLSVILLE, PA 15425-2901 7. Name and address iof 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 430 HERMAN AVENUE LEMOYNE, PA 17043-1942 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements here ade subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: t - ?a By: Phelan Hallinan & Schmieg, L Daniel G. Schmieg, Esq., Id. No.62205 Attorney for Plaintiff HSBC BANK USA, NATIONAL TRUST COMPANY, AS COURT OF COMMON PLEAS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 CIVIL DIVISION Plaintiff NO.: 11-4647-CIVIL VS. JAMES GRUNDON PAMELA S. DEHAVEN : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES GRUNDON PAMELA S. DEHAVEN 965 BOSLER AVE, APT A 218 WALTON CIRCLE LEMOYNE, PA 17043-1768 ICKESBURG, PA 17037 **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 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $86,060.80 obtained by HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, youir property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-4647-CIVIL HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 vs. JAMES GRUNDON PAMELA S. DEHAVEN owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 Parcel No. 12-22-0822-147 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,060.80 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Herman Avenue, at the intersection of the southerly line of Herman Avenue with the western line of Lot No. 49, Block'C' in the hereinafter mentioned Plan of Lots; thence in the southerly direction along the last mentioned line 150 feet to a point on the northerly line of Plum Alley; thence in a western direction along Plum Alley, 17 1 /2 feet, more or less to a point; thence in a northerly direction along a line running through the center of the partition wall of a 2 1/2 double frame dwelling house 150 feet to a point on the southerly line of Herman Avenue; thence in an easterly direction along Herman Avenue, 17 1/2 feet, more or less, to the point and place of BEGINNING. BEING the eastern half of Lot No. 48, Section 'C' in the Plan of Lots known as Plan 1 of Riverton, as recorded in the Cumberland County Recorder's Office in Deed Book 'J', Volume 4, page 40. HAVING thereon erected the eastern half of a double 2 1/2 story frame dwelling house No. 430 Herman Avenue, Lemoyne, PA. TITLE TO SAID PREMISES IS VESTED IN Pamela S. Dehaven, single woman, by Deed from James Grundon and Pamela S. Dehaven, dated 10/03/2006, recorded 01/05/2007 in Book 278, Page 1414. PREMISES BEING: 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 PARCEL NO. 12-22-0822-147 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N011-4647 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTER REPERFORMING LOAN TRUST 2005-1 Plaintiff (s) From JAMES GRUNDON AND PAMELA S. DEHAVEN (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: $86,060.80 L.L.: 1. SO Interest from8/19/2011 to Date of Sale ($14.15 per diem) t al 8 s8.3v Atty's Comm: % Due Prothy: $2.00 Atty Paid: $355.50 Plaintiff Paid: Date: 12/1/2011 (Seal) Other Costs: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 TRITE €,OP'r FRO%-! RECORD in Testimony whereof, I here unto set my hand and the seal of said court at Carlisle, 0P . This _1..-day of 1 -1 On December 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 430 Herman Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 14, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-4647 Civil Term HSBC Bank USA, National Trust Company, As Trustee for the Holders of MASTR Reperforming Loan Trust 2005-1 vs. James Grundon and Pamela S. Dehaven Atty.: Daniel Schmeig By virtue of a Writ of Execution NO. 11-4647-CIVIL, HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 vs. JAMES GRUN- DON, PAMELA S. DEHAVEN owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being 430 HERMAN AVENUE, LEMOYNE, PA 17043- 1942. Parcel No. 12-22-0822-147. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $86,- 060.80. 41 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: January 27, February 3, and February 10, 2012 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. SWOR"O AND SUBSCRIBED before me this C10 day of February, 2012 , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 14( Patr1*0t'WXfW5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 02/03/12 r - 02/10/12 ....... . . C ........ Sworn to aq"ubscribed bef"e e thyrs` Zyffiy of February, 2012 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA i Notarial seal Sherrie 1.Owens, Notary PubNc lower Paxton Twp., Dauphin County I`h' Gmimisslon Expo Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES • 2011-4647 Clvil Term VSBC Bank USA, National Trust Company, as Trustee for the Holders of MASTR Reperforming Loan Trust 2005-1 vs James Grundon and Pamela S. Dehaven Atty. Daniel Schmeig By virtue of a Writ of Execution NO. 11-4647-CIVIL HSBC BANK USA, NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE HOLDERS OF MASTR REPERFORMING LOAN TRUST 2005-1 VS. JAMES GRUNDON PAMELA S. DEHAVEN owner(s) of property situate in the BOROUGH OF LEMOYNE, Cumberland County, Pennsylvania, being (Municipality) 430 HERMAN AVENUE, LEMOYNE, PA 17043-1942 Parcel No. 12-22-0822-147 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,060.80 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 Mastr Reperforming Loan Trust 2005-1, Tr is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2012, under and by virtue of a writ Execution issued on the 1st day of December, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 4647, at the suit of Mastr Reperforming Loan Tr 2005-1, Tr against James Grundon & Pamela S Dehaven is duly recorded as Instrument Number 201213210. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D._ of Deeds CXftpR ter