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HomeMy WebLinkAbout11-4832Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. J. KEVIN RIORDAN D. GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 Defendants F €r 1:D-C r r J ?Oll JON ' :' Ay{ l p ap Tit ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE s 4a.ooP,?•a.T,? 267704 File #: 267704 °? G D 30Q 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 #: 267704 I . Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: J. KEVIN RIORDAN D. GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/01/2008 J. KEVIN RIORDAN and D. GINA RIORDAN made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200804289. 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 12/01/2010 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 267704 The following amounts are due on the mortgage as of 03/11/2011: Principal Balance $320,709.63 Interest $5,481.86 11/01/2010 through 03/11/2011 Late Charges $829.56 Mortgage Insurance Premium / $141.15 Private Mortgage Insurance Escrow Deficit $725.50 TOTAL $327,887.70 7 8. 9. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 267704 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $327,887.70, 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 & SCHMIEG, LLP By: (X " '1/11' ? Lawrence T. P e q., 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 Attorneys for Plaintiff -: File #: 267704 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of land with improvements thereon situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southeasterly right-of-way line of Bradford Court, said point being located at the Southwestern corner of Lot No. 118; thence along the Southwesterly boundary line of Lot No. 118 South 43 degrees 59 minutes 50 seconds East, for a distance of 131.38 feet, to a point in line of lands now or formerly of Donald R. and Anna R. Zook; then along said lands now or formerly of Zook, and along lands now or formerly of Jack D. and Angelina Brown and along lands now or formerly of The NcNaughton Company, South 38 degrees 55 minutes 59 seconds West, and passing through a 25.00 foot wide sanitary sewer easement, for a distance of 165.45 feet, to a point in line of lands now or formerly of Robert S. Jr. and Rae Ann Lentz; thence along said lands now or formerly of Lentz, and through a 25.00 foot wide sanitary sewer easement, North 44 degrees 49 minutes 04 seconds West, for a distance of 95.44 feet, to a point at the Southeastern corner of Lot No. 116; then along the Eastern boundary line of Lot No. 116, and passing through a 25.00 foot wide sanitary sewer easement North 13 degrees 17 minutes 55 seconds East, for a distance of 146.75 feet, to a point on the Southern right-of-way line of Bradford Court, then along said right-of-way line on the arc of a circle curving to the left, having a radius of 50.00, and an arc length of 50.00 feet, to a point and the place of BEGINNING. THIS PIECE, parcel or lot of land consists of approximately 21,613.89 square feet of land, and is known and numbered as Lot No. 117 on the Final Subdivision Plan of Canterbury Estate, Phase V, which is recorded in Cumberland County in Plan Book 75, Page 13. File #: 267704 UNDER AND SUBJECT TO: a) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. b) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. c) The Declaration of Covenants and Restrictions which is recorded in the office of The Recorder of Deeds for Cumberland County in Record Book 552, Page 835, as may be applicable to the premises. PROPERTY ADDRESS: 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792 PARCEL # 42-29-2458-119 File #: 267704 VERIFICATION Tonya Samuel, hereby states that she is Assistant Vice President of SOVEREIGN BANK, that she is authorized to take this Verification, and the statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my 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. Tonya Samuel DATE: -5 - I to-? Assistant Vice President Servicer: SOVEREIGN BANK File#: 267704 Name: RIORDAN SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith ?titi„? of eu?rrbcr„4 OF THE PROTHONOTARY Chief Deputy ? . 2011 JUN 28 AM 8: 31 Richard W Stewart Solicitor OFFI,:E -4 "ERIFF CUMBERLAND COUNTY PENNSYLVANIA Sovereign Bank Case Number vs. 20114832 J. Kevin Riordan (et al.) SHERIFF'S RETURN OF SERVICE 06/15/2011 04:13 PM - Bryan Ward, Sergeant, who being duly sworn according to law, states that on June 15, 2011 a- 1613 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: J. Kevin Riordan, by making known unto himself personally, at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. B AN D. WA , D PUTY 06/15/2011 04:13 PM - Bryan Ward, Sergeant, who being duly sworn according to law, states that on June 15, 2011 a- 1613 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: D. Gina Riordan, by making known unto herself personally, at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 1-7'? , G V "? BRYAN ? EPUTY SHERIFF COST: $54.00 June 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !o) Count,Suite Shentf. Teleosott. Ir?c;. l+PRO I HONOTA,? L, ? 1 QfU Z 6) 9 t'LHSERLAND C0UfNT PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq.., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R.. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., ld. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. J KEVIN RIORDAN D GINA RIORDAN Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION No. 11-4832 a14.c i) ?d OL 1 C?.,? 11?18? 1 ? a(?a 329 267704 u5t?a 010?klaA 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 J KEVIN RIORDAN, and D GINA RIORDAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint TOTAL $327,887.70 $327,887.70 I hereby certify that (1) the Defendants' last known address is 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792, and (2) that no 'ce as bee give in a cordance with Rule Pa.R.C.P 237.1 1 Date awrence heIan, sq., Id. No. 227 ? F ancis S. Hallinan, q., Id. No. 6 95 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 1 0,C DATE: V It oft. PHS # 267704 PROTHONOTARY 267704 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. J KEVIN RIORDAN D GINA RIORDAN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-4832 267704 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 J KEVIN RIORDAN is over 18 years of age and the Defendant's last known address is 15 BRADFORD COURT, MECHANICSBURG, PA 17055- 5792. (c) that defendant D GINA RIORDAN is over 18 years of age and the Defendant's last known address is 15 BRADFORD COURT, MECHANICSBURG, PA 17055- 5792. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ? Francis S. Hallinan, Esq., Id. No. 62695 amel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff X e T. Phelan, Esq., Id. No. 32227 267704 (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS J KEVIN RIORDAN D GINA RIORDAN CIVIL DIVISION No. 11-4832 Notice is given that a Judgment in the above captioned matter has been entered against you on --? Id l( By: -3c 31040 If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallman, Esq., Id. No. 62695 V aniel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF' YOU HAVE PREVIOVSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 267704 SOVEREIGN BANK COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff ?• NO. I1AS32 J. KEVIN RIORDAN CUMBERLAND COUNTY D. GINA RIORDAN Defendant(s) TO: J. KEVIN RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 DATE OF NOTICE: July 7. ??01_1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS`SENT"TO"YOU III"AN- ATTEMPT TO' COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 IVA.RING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 267704 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA ? wrence a Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 6 9 Judith T. Romano, Esq., Id. No. 45 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 Bramblett, Esq., Id. No. 208375 Allison 1~ Wells,; Esg., Id. No. 309519 H.:?? w,,.:. William E 1Vlller,Esq, Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 267704 4 SOVEREIGN BANK COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-4832 J. KEVIN RIORDAN CUMBERLAND COUNTY D. GINA RIORDAN Defendant(s) TO: D. GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 DATE OF NOTICE: Iii 7, 201.1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS 'SENT'TO-YOU 1N- AN-ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 267704 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) 249-3 e an, sq., Id. No. 32217 Francis S. Hallinan, Esq., Id. No. 626 Daniel G. Schmieg, Esq., Id. No. 6905 Michele M. Bradford, Esq., Id. N,. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 An. Bramblett, Esq., Id. No. 208375 Ali-son F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 368951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg,.LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS /1267704 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4832 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff (s) From J. KEVIN RIORDAN D. GINA RIORDAN (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: $327,887.70 L.L.: $.50 Interest from 07/27/2011 to Date of Sale ($53.90 per diem) --- $17,032.40 Atty's Comm: % Atty Paid: $200.50 Plaintiff Paid: Date: 2/21/12 (Seal) Due Prothy: $2.25 Other Costs: J David D. Buell, Prothonot Deputy REQUESTING PARTY: Name: John Michael Kolesnik, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Ste., 1400 Philadelphia, PA 19103-9897 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-4832 J. KEVIN RIORDAN D. GINA RIORDAN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/27/2011 to Date of Sale ($53.90 per diem) TOTAL CUMBERLAND COUNTY $327,887.70 C') C M $17,032.40 - z r Xz rn CO ' -V r ?y cv M ?c $344.920.10 z? r n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff Note: Please attach description of property. PHS # 267704 X8.50 pd Iq tlly 5{. 00 cap q2. oo 1N• o° So R• aoo. pd ? 74' ,2• ,2 $ L- ue Co s//w_?7/2///s"b?Z ? 17 ?? W///-- or- rx ?ss?P o? O d O ? a? a? O as w O O r? QU U w ? W ?U O ct d ? a '? U U 4) 0 u ? x n 7 U C7 ? I? U r w? O c H d 0 W x, r y ?? y a ? Q C O o w w U 0 aS ? O tw PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff V. J. KEVIN RIORDAN D. GINA RIORDAN Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4832 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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ph n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff r M mm x:U rn d? r -am -<> N Q G7 =9 : ) C CD C n c. SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff V. J. KEVIN RIORDAN D. GINA RIORDAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4832 CUMBERLAND COUNTY PHS # 267704 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concern ing the real property located at 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably c7 r , ` -v ascertained, please so indicate) C C= 3 ,,.,, ' -- s J. KEVIN RIORDAN 15 BRADFORD COURT V rnm -n =rn ? M MECHANICSBURG, PA 17055-5792 ?r f.%3 D. GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 ... c? 2. Name and address of Defendant(s) in the judgment: fi r- - < n Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Drivekore, Inc. P.O. Box 2004 Mechanicsburg, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Namg 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) TENANTlOCCUPANT CANTERBURY ESTATES CANTERBURY ESTATES CANTERBURY ESTATES CANTERBURY ESTATES CANTERBURY ESTATES Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 2132 CANTERBURY DR MECHANICSBURG, PA 17055-5767 501 SKYPORT RD MECHANICSBURG, PA 17050-6821 PO BOX 280 SPRING HOUSE, PA 19477-0280 1120 N BETHLEHEM PIKE SPRING HOUSE, PA 19477 4400 DEER PATH RD STE 201 HARRISBURG, PA 17110-3908 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 By: (n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK : COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff : : NO.:11-4832 J. KEVIN RIORDAN D. GINA RIORDAN V5. Defendant(s) CUMBERLAND OUWY' .row . =M z x, - rn rq_ cv -Qrri r N Cam' r- --ts:) C C7 - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 5>- C-) TO: J. KEVIN RIORDANcn' D. GINA RIORDAN 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 * *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 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $327,887.70 obtained by SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or lot of land with improvements thereon situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southeasterly right-of-way line of Bradford Court, said point being located at the Southwestern corner of Lot No. 118; thence along the Southwesterly boundary line of Lot No. 118 South 43 degrees 59 minutes 50 seconds East, for a distance of 131.38 feet, to a point in line of lands now or formerly of Donald R. and Anna R. Zook; then along said lands now or formerly of Zook, and along lands now or formerly of Jack D. and Angelina Brown and along lands now or formerly of The NcNaughton Company, South 38 degrees 55 minutes 59 seconds West, and passing through a 25.00 foot wide sanitary sewer easement, for a distance of 165.45 feet, to a point in line of lands now or formerly of Robert S. Jr. and Rae Ann Lentz; thence along said lands now or formerly of Lentz, and through a 25.00 foot wide sanitary sewer easement, North 44 degrees 49 minutes 04 seconds West, for a distance of 95.44 feet, to a point at the Southeastern corner of Lot No. 116; then along the Eastern boundary line of Lot No. 116, and passing through a 25.00 foot wide sanitary sewer easement North 13 degrees 17 minutes 55 seconds East, for a distance of 146.75 feet, to a point on the Southern right-of-way line of Bradford Court, then along said right- of-way line on the arc of a circle curving to the left, having a radius of 50.00, and an arc length of 50.00 feet, to a point and the place of BEGINNING. THIS PIECE, parcel or lot of land consists of approximately 21,613.89 square feet of land, and is known and numbered as Lot No. 117 on the Final Subdivision Plan of Canterbury Estate, Phase V, which is recorded in Cumberland County in Plan Book 75, Page 13. UNDER AND SUBJECT TO: a) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. b) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. c) The Declaration of Covenants and Restrictions which is recorded in the office of The Recorder of Deeds for Cumberland County in Record Book 552, Page 835, as may be applicable to the premises. TITLE TO SAID PREMISES VESTED IN J. Kevin Riordan and D. Gina Riordan, h/w, by Deed from Bradley Van Nostrand and Jean A. Van Nostrand, h/w, dated 02/01/2008, recorded 02/13/2008 in Instrument Number 200804288. PREMISES BEING: 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792 PARCEL NO. 42-29-2458-119 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-4832 SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK vs. J KEVIN RIORDAN D GINA RIORDAN owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792 Parcel No. 42-29-2458-119 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $327,887.70 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK i = { I i E F1 R0TH tlNDTfi? Plaintiff 2012 FEB 21 AM 10: 10 V. CUMBERLAND COUNTY . PENNSYLVANIA J. KEVIN RIORDAN D. GINA RIORDAN Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4832 CUMBERLAND COUNTY Kindly enter my appearance on behalf of SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK. Date: February 13, 2012 By: Phan Hallinan & Schmieg, LLP awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Andrew J. Marley, Esq., Id. No. 312314 ? ,abert W. Cusick, Esq., Id. No.80193 John M. Kolesnik, Esq., Id. No.308877 PITS # 267704 r- Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza i':'_-;-?l = Philadelphia, PA 19103 l ; PIE PROTHOPiOTAI' .I 215-563-7000 2012 FEB 21 AM 10? 1 SOVEREIGN BANK COURT OF COMMON PLEAS ???f? CUMBERLAND PENNSYLVA ; CIVIL DIVISION V. J. KEVIN RIORDAN D. GINA RIORDAN . NO.: 11-4832 Defendant(s) CUMBERLAND COUNTY PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK is successor to SOVEREIGN BANK by virtue of the corporate name change whereby SOVEREIGN BANK became known as SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK. Kindly amend the information on the docket accordingly. Date: February 13, 2012 By: Attor for Plaintiff Phe n Hallinan & Schmieg, LLP awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Andrew J. Marley, Esq., Id. No. 312314 ? bert W. Cusick. Esq., Id. No.80193 lohn M. Kolesnik, Esq., Id. No.308877 PHS # 267704 atu+ ad 0Ow 1/5-) 76.5 P- /? a-7/as'1 14 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff Attorney For Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION V. J. KEVIN RIORDAN D. GINA RIORDAN : NO.:11-4832 Defendant(s) . CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK having an address of 601 Penn Street, Atto y for Plaintiff P an 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 ? Jay B. Jones, Esq., Id. No. 86657 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Andrew J. Marley, Esq., Id. No. 312314 ? bert W. Cusick, Esq., Id. No.80193 John M. Kolesnik. Esq.. Id. No.308877 Reading, PA 19601. Date: February 13, 2012 By: C, PHs # 267704 PLAINTIFF SOVEREIGN BANK DEFENDANT J KEVIN RIORDAN D GINA RIORDAN SERVE D GINA RIORDAN AT: 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 PHS # 267704 SERVICE TEAM/ lxh COURT NO.: 11-4832 1-s c? JS i JUL _ k `R CJ ,iUr?0TA 2012 MAR -8 Ali 18: 00 CU BERLAND COUNT" TYPE OF ACTION PENNSYEVANI A XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 SERVED Served and made known to D GINA RIORDAN, Defendant on the 23!pday of 20.12, at :?S, o'clock M., at (5 taoN"&r, ME41Rns"Q04tDA, in the manner described below: Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Descri tion: Age. Height ?? Weight 160 Race w Sex Other _ I, At A Ll, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?- NAME: PRINTED NAME: R604-t,]> /ka GL TITLE: _ ppodJ? ate` NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist - Moved _ Does Not Reside (Not Vacant) No Answer on at Service Refused at Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PLAINTIFF SOVEREIGN BANK DEFENDANT J KEVIN RIORDAN D GINA RIORDAN SERVE J KEVIN RIORDAN AT: 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 PHS # 267704 i D ...O1=I=6i??tn;L F +OTHONOTA? 1 SERVICE TEAM/Ixh Ll112 NAR _8 H$M 10; 00 COURT NO.: 11-4832 ; 11BERLAND COUNTY TYPE OF ACTION PENNSYLVANIA XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 SERVED Served and made known to J KEVIN RIORDAN, Defendant on the 23p°day of ?, 20 C , at o'clock 1?t M., at 15 geory D QT,Wctltwws&4,14 , in the manner described below: Defendant personally served. _? Adult family member with whom Defendant(s) reside(s). Relationship is (PC-- . _ 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 p 6 Height 5,7" Weight t(O Race Sex Other _ I, NMC D MO L A- , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: - t ?-3 NAME: PRINTED NAME: _? L- TITLE: N06& &S J ? • NOT SERVED On the . day of , 20_, at! o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at _at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa_ C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF a1 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq„ Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTS" .r 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 Attorney for Plamtif Jr?F, 1 a C;10:Di "ENNSYL.VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, N.A., FORMERLY KNOWN AS CUMBERLAND COUNTY SOVEREIGN BANK Plaintiff, COURT OF COMMON PLEAS V. J KEVIN RIORDAN D GINA RIORDAN Defendant(s) CIVIL DIVISION No.: 11-4832 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) nd/or Certified Mail Return Receipt stamped by the U.S. Postal Service is att hed heret Exhibit " ". / Melissa J. Cantwell, Esquire Attorney for Plaintiff Date: L/-2 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 Dlaintiff 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 # 267704 ? w rz ?. ? ?D 00 ?1 O? f11 A W ( N f i-.+ ? 3 R . A ' x• x- x• x- x• x• x- x- x• x• x• ? x- x- x- x- x•'i x- x- i x- ' x• x• rn I x- x- x• x• x• x• x- x• x• x• x- C } ? 1 x?a aoZ b?a Nz bbay o ?a?! ~ N> xN? cC f rop7 x?v? ° nWv o 3bv ??,y gy z m a= c. A°y ?°H ?OdH ArnH ~ 7 '^'-1 N Oop C/1 n -s eo o ; y o^+ ? p Zr O p?. < o' A by? n B ?d?. ZZt? Zp?} ?X? ?. n CZ a y <d v a r= vi ?'? o fD y A b °o T ?7 v,Cr17?7 ?? G??i? 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Ea'f.?.-d??k l v m ?n O• o ? . If i oaz I-n 03 w cn a. 9 to co a 1 -0'°--o N 53 P,' CO o > ? 'p w R° P- i ?r r 0 .?y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - - Sheriff , ~.~~~ tii ~.a~~i~ta~ Jody S Smith ~'~~ ~ i~t°~ ~ ° '^ ' ,,j ~ ~ ° r r u ,: i Chief Deputy ,,, _ _, Richard W Stewart ' ''=r~;-r- '; - Solicitor ;~ ~ •:- ~ i , e; ., I , . , . , .. , ' ._ . G .... ~ , . . i Sovereign Bank Case Number vs. J. Kevin Riordan (et al.) 2011-4832 - -- SHERIFF'S RETURN OF SERVICE 03/21/2012 08:47 PM -Deputy Shawn Gutshall, 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 actionlli upon the property located at 15 Bradford Court, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. ', 03/21/2012 08:47 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Est~te 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 D.GINA RIORDAN - WIFE, who accepted as "Adult Person in Charge" for J. Kevin Riordan at 15 Bradford Court, Upper All~n Township, Mechanicsburg, PA 17055, Cumberland County. 03/21/2012 08:47 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Est~te 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: Gina Riordan at 15 Bradford Court, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland Cou ntY 03/29/2012 Affidavit of Service on D. Gina Riordan & J. Kevin Riordan filed in the Sheriff's Office ', 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice h d been given according to law, he exposed the within described premises at public venue or outcry at th . Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10: 0 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ ', SHERIFF COST: $795.52 SO ANSWERS, ~~ August 10, 2012 RON R ANDERSON, SHERIFF t- -,, ,~,~;~ ~ ~:rr. ~-~~~ ~ ~ ~I~,s ~~ f SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff ~~. J. KEVIN RIORDAN D. GINA RIORDAN Defendant(s) COURT OF COMMQ~N PLEAS CIVIL DIVISION NO.:11-4832 CUMBERLAND COUNTY PHS # 267704 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK, Plaintiff in the above action. undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information c real property located at IS BRADFORD COURT, MICHANICSBURG, PA 170.55-5792. 1. Name and address of Owner(s) or reputed Gwner(s): Name Address (if address cannot be reasonable ascertained.. please so indicate) J. KEVIN RIORDAN D. GINA RIORDAN 3 Name and address of Defendant(s) in the judgment: Name SAME, AS ABOVE 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 Address (if address cannot be reasonably ascertained. please so indicate) the ~~ the Name and last known address of every judgment creditor whose jttdgrnent is a record lien on the real property to~ be sold: Name Address (if address cannot be reasonably ascertained, please indicate) I Drivekore, Inc. P.U. Box 2004 Mechanicsburg, PA ]7055 4. Name and address of last recorded holder cf 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. 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 of 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 i~~ the prope~jty which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate} TENANT/OCCUPANT 15 BRADFORD COURT MECHANICSBURG, PA 17055-5792 ~I CANTERBURY ESTATES 2132 CANTERBURY DR ~~~~ MECHANICSBURG, PA 17055-5767 '~, CANTERBURY ESTATES CANTERBURY ESTATES CANTERBURY ESTATES CANTERBURY ESTATES Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 501 SKYPORT RD MECHANICSBURG, PA 17050-6821 PO BOX 280 SPRING HOUSE, PA 19477-0280 1 l20 N BETHLEHEM PIKE SPRING HOUSE, PA 19477 4400 DEER PATH Rll STE 20l HARRISBURG, PA 1 71 1 0-3908 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 l verify that the statements made in this affidavit are true and correct to the best ol~m~ knowledge or information and belief. I understand that false statements herein are made sub of l 8 Pa. C.Q.A. ~ 4904 relating to unsworn falsification to authorities. ~?~~i~ ~ ~,~,,, -- - -__-_ Ph n Hallman & Schmieg, LLP I hn Michael Kolesnik Esq.. Id. Nn.;0~i87"' Attorney for Plaintiff ~nalties SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff V S. J. KEVIN R10RDAN D. GINA RIORDAN COURT OF COMMOI~1 PLEAS CIVIL DIVISION NO.:11-4832 CUMBERLAND COU1 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: .I. KF,VIN RIORDAN D. GINA RIORDAN 15 BRADFORD COURT ME(`HANICSBURG, PA ] 7055-5792 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFOKMATION WILL B11 USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANb THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ENFORCEMENT OF A LIEN AGAINST PROPERTY.*x AINED __~_ _ ~ , ONLY Your house (real estate) at 1.5 BRADFORD COURT, MECHANICSBURG, PA 17055-5792 i scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Cou South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of 5327,887.70 obtained by SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK (the mortgagee) ag i In the event the sale is continued, an announcement will be made at said sale in compliance with Pa. 3129. ~. ', NOTICE OF OWNER'S RIGHTS YOL! MAY_I3E AI3LL 'I'O PREVENT THIS SHERIFF'S SALE "ho prevent this Sheriff`s Sale.. you must take immediate action: ist you. C.P. Rule ] . The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorn~ v's fees due. To find out how much you must pay. you may call: 21 ~-563-7000 x 1230. ~'. You may be able to stop the sale by filing a petition asking the Court to strike or open the ~udgment, ifthe-judgment ~~as improperly entered. You may also ask the Court to postpone the sale l-or good c fuse. _ . ~"oi.i 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 chanc~ you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) '~~, YOL MAY STILL BE ABLE TO SAVE YOUR PROPERTY ANll YOU HAVE 07'HFR RIGI~ITS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ', l . if the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find oui: the price bid by calling 215-563-7000. 2. Yol.i 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 fin~t out if this has happened. you may call 215-563-7000. '~, 4. If the amuunt 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 ri<~ht to remain in the property until the full amount due is paid to the Sheriff and th~~ Sheriff gives a ~_leed to the buyer. ~~t that time, the buyer may bring legal proceedings to evict vou. 6. You may be entitled to a share of the money which tivas 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 thi~~ty (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 ac •ordance with this schedule unless exceptions (reasons why the proposed distribution is wrongl are Bled with he Sheriff within ten (1 U j 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. '~~ YOL1 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT H~VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~I CUMBERLAND COUNTY BAR ASSOCIATION ', CUMBERLAND COUNTY COURTHOUSE ~'~, 2 LIBERTY AVENUE CARLISLE, PA 17013 ~~, (717) 249-3166 '~~ (800) 990-9108 '' LEGAL DESCRIPTION ALL 'CHAT CER'TAW piece, parcel or lot of land with improvements thereon situate in Upper Allen Township, Cumberland Count}, Pennsylvania, bounded and described as follows: E3EGINNING at a point on the Southeasterly right-of--way line of Bradford Court, said point bung locate) at the South~n~cstern corner of Lot No. ] 18; thence along the Southwesterly boundary line of Lot No. 1 18 S ~uth 4 ~ degrees 59 minutes 50 seconds East, for a distance of li l .38 feet. to a point in line of lands now or formerly of Donald R. and Anna R. Zook; then along said lands now or formerly of look. and along ]an~s no~~ or fr>rrnerly of Jack D. and Angelina Brown and along lands now or formerly of -l~hc NcNaughton Company _ South 38 degrees 55 minutes 59 seconds West, and passing through a 25.01) loot wide sanitary sewer easement. for a distance of 165.45 feet, to a point in line of lands now or formerly of Ri~bert S. Jr. ~ nd Rae Ann Lentz_~thence along said lands now or formerly of Lentz, and through a 25.00 loot wide sanita- se~~er easement, North 4~ degrees 49 minutes 04 seconds West, for a distance of 95.44 feet. t~:> a point at~~he Southeastern corner of Lot No. ] 16; then along the Eastern boundary line of Lot No. 1 16, and passing through a 25.00 foot wide sanitary sewer easement North 13 degrees l7 minutes 55 seconds Last, for a distance of 146)5 feet, to a point on the Southern right-of--way line of Bradford Court, then along said ri ~ht- of=~~-•av line im the arc of a circle curving to the left; having a radius of 50.00. and an arc length of 50.00 ;et, to a point and the place of BEGINNING. I "hHIS PIECE, parcel or lot of land consists of approximately 21,6] 3.89 square feet of land.. and is known n~ numbered as Lot No. 1 17 on the Final Subdivision Plan of Canterbury Estate, Phase V', which is recorde in Cumberland County in Plan Book 75, Page 13. I UNDER AND SUBJF,CT TO: a) Any and all easements, licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visible by inspection of the premises. h) Any and al I easements. licenses, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior agreements, leases, deeds, grants and conveyances affecting the premises. c) ~l~hc Declaration of Covenants and Restrictions which is recorded in the office of"the Recorder of for Cumberland County in Record Book 552, Page 835, as may be applicable to the premise,. "I~I l~Ll~. 7~0_SAID PKFMISLS VESTED IN J. Kevin Riordan and D. Gina Riordan. h~~~. by Deed from 13radJev Van Nostrand and Jean A,. ~'an Nostrand, h; w. dated 02/OU2008, recorded 02i; ,/2008 i Instrument'~umber 200804288. PREMISI=:S BEING: 15 BRADFORD COURT, MBCHANICSBURG, PA 17055-5792 PARCF;L N(7. 42-29-2458-119 r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-4832 '~ SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK ~ s. J IKEVIN RIORDAN ~', D GINA RIORDAN ~'~ owner(s) of~property situate in UPPER ALLEN TOWNSHIP, Cumberland Count, '~, Pennsylvania, being. ~', (Mu~ucipality) 15 BRADFORll COURT, MECHANICSBURG, PA 17055-5792 Parcel No. 42-29-2458-119 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDUMENT AMOUNT: $327,887.70 Phelan Hallman & Schmieg, LLP Atto~7~ey for Plaintiff I 1617 JPK Boulevard. Suite 1400 Philadelphia, PA 19103 ~I 21 ~-563-70(lo I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4832 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOVEREIGN BANK Plaintiff (s) From J. KEVIN RIORDAN D. GINA RIORDAN (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; (~) 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: $327,887.70 L.L.: $.50 Interest from 07!27/2011 to Date of Sale ($53.90 per diem) --- $17,032.40 ~ Atty's Comm: % Due Prothy: $2.25 '' Atty Paid: $200.50 Other Costs: !~~ Plaintiff Paid: Date: 2/21 /12 ~ ~I . ~ i _.__ David D. B 11, Prothonot (Seal) ~.~-~ /~ -:._~ ~/ Deputy (~ REQUESTING PARTY: Name: John Michael Kolesnik, Esquire ', Address: Phelan Hallman & Schmieg, LLP ', 1617 JFK Blvd., Ste., 1400 ~~~~ Philadelphia, PA 19103-9897 ', Attorney for: PLAINTIFF TRUE COPY FROM RECORQ Telephone: 215-563-7000 ~ Teatlmaty whereof, I here unto set my and thU sail of said C.o~r a~CarNsle, Pe. Supreme Court ID No. 308877 trtls.,~,(.'r,da~rot~~gp C~~~~ s~pi~~~ ,~ _~ On March 2, 2012 the Sheriff= levied upon the defendant's interest ire the real property situated dipper Allen Township, Cumberland County, pA, known and numbered 15 Bradford Court, Mechanicsburg, PA 1~t~55 more fully described on exhibit"A" filed with this writ and by this reference incorporated hereinm Date: March 2, 2012 ,y t q ,~` f ,.. _. For Claudia Brewbaker, Reai Estate coordinator .,, ., ~.~ ,y,;~i .s4s.:ill~.:~ t<; Piaaia:7 iS+ri.r~,h~~ryl~a~:y~~1 `_""~ ti,w~.x~tt~~i t_~. Writ No. 2011-4832 Civil Term Sovereign Bank, N.A. Formerly Known as Sovereign Bank vs. J. Kevin Riordan, D. Gina Riordan Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-4832, SOVEREIGN BANK, N.A., FORMERLY KNOWN AS SOV- EREIGN BANK vs. J KEVIN RIOR- DAN, D GINA RIORDAN, owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania. being 15 BRADFORD COURT, MECHANICSBURG, PA 17055-5792. Parcel No. 42-29-2458-119. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $327,887- .70. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 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 an State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La' Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesl 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 regularl 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, 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Law Journal, a legal periodical of general circulation. and that he is not interested in the subj 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. ~~ Li a arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 da of Ma 2012 `: Notary ~, /~ M~ ~PiOTARIAL SEAL DE80RAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 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 Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the 21 day of February, A.D., 2012, out of the Court of Common Pleas of said County as of Civil `berm, 2011 Number 4832, at the suit of Sovereign Bank, N.A. against J. Kevein Riordan and D. Gina Riordan is duly recorded as Instrument Number 201224354. IN TESTIMONY WHEREOF, I have hereunto set m}~~ hand and seal of said office this f _"1 __ __ day of r Recorder of eeds ~s, Cumberland County, variisb_~, ,~,~ Exoir~s the r!rsi EAonda of ~san .^i77 ~~ f ,. ..... .._.. _.. _ 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~hepatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~~"~ This ad ran on the date(s) shown below: ~: ~ 04!27112 05/04/12 ~ _ 05/11 /12 4832 1- - SOVEREIGN BANK, N.A., PRI,Y KNOWN AS SOVF.RFdGN BANJi vs. '' ~ IKEVII4RIORDAN Sworn to a~ ~lbscrib d~be me ttyr`s ~~y pf May, 2012 A. D. D GINA RIORDAN - / tt'' ~ .. ~ f ; ~ , AId. dT ~ to io ZIPPER , Clumberlgnd si BR~ Notary Public ~(~BtIR~~17055-5792 COMMONWEALTH OF PENNSYLVANIA PamelNo.42.29-2458-119 Notarial Seal ~`~~01) Sherrie L. Owens, Notary Public D~ : RI?SIDENI7gI, Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 M~'AMOiI1VT. 5327,887.70 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES LLP 617 JkK Boulevard. S~~ 1400 jildelphis,l'A T9103 215-563.')Opp