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HomeMy WebLinkAbout13-3936 Supreme Court -of Pennsylvania ; fir Cour of C 'OnTleas "., For Prothonotary Use Only: C`vil "Covefi Sheet r, CL7EKL NDi v County Docket No: J si The information collected on this form is used solely for court administration Purposes. This fortn does not su.) lement or replace the filing and service ofpleadings or other papers as required by laiv or rules of court. Commencement of Action: S N Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: U.S. Bank National Association, as Lead Defendant's Name: SOPHIE NIBA C Trustee for Residential Asset Securities Corporation, Home T Equity Mortgage Assei- Backed Pass - Through Certificates, I and Series 2007 -EMX1 Dollar Amount Requested: El within arbitration limits O Are money damages requested? ❑ Yes N No (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff /Appellant's Attorney: Melissa J. Cantwell, Esq., Id. No.308912, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self-Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT — 0 Other: U ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: 1 1. 4 i- iLED - OFFICE 2013 JUL -9 AM 9: 58 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215 -563 -7000 U.S- Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity COURT OF COMMON PLEAS Mortgage Asset - Backed Pass - Through Certificates, and Series 2007 -EMX1 CIVIL DIVISION C/O OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE TERM P.O. BOX 8300 ll,n, FORT WASHINGTON, PA 19034 NO, Plaintiff CUMBERLAND COUNTY V. SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011 -1137 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE C File #: 322492 0 19 a Q / 3 i t . 1. Plaintiff is U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass - Through Certificates, and Series 2007 -EMX1 C/O OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011 -1137 who is /are the mortgagor(s) of the property hereinafter described. 3. On 09/29/2006 SOPHIE NIBA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE LENDERS NETWORK USA, INC, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND i County, in Mortgage Book 1972, Page 1015. By Assignment of Mortgage recorded 01/17/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201301859. Said Mortgage was modified as set forth in the modification agreement which is unrecorded. 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. File #: 322492 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2012 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. 6. The following amounts are due on the mortgage as of 05/16/2013: Principal Balance $135,998.29 Interest $3,752.32 11/01/2012 to 05/16/2013 Late Charges $0.00 Property Inspections $63.25 Non Sufficient Funds Charge, $20.00 Escrow Deficit $2,204.18 Subtotal $142,038.04 Suspense Credit $2( 8.79) TOTAL $142,009.25 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) I 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. File #: 322492 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $142,009.25, 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, LLP By. Melissa J. Cantwell, sq., d. No.308912 Attorney for Plaintiff File #: 322492 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows; to wit: BEGINNING at a point on the Easterly line of Glenwood Drive (East), which point is 337.53 feet South of the intersection of Glenwood Drive (East) and Matthew Road and at dividing line between Lots Nos. 26 and 27, Block T, on the hereinafter mentioned Plan of Lots; THENCE along said dividing line North 47 degrees 24' 45 " East 111.72 feet to a point at dividing line between premises herein conveyed and land now or late of Glenwood Park, Inc.; THENCE along said dividing line South 37 degrees 00' East 90.84 feet to a point at dividing line between Lots Nos. 25 and 26, Block T, on said Plan; THENCE along said dividing line South 53 degrees 00' West 110 feet to a point on the Easterly line of Glenwood Drive (East) aforesaid; THENCE along the Easterly line of Glenwood Drive (East) North 37 degrees 00' West 55.62 feet to a point; THENCE FURTHER along same in an arc having a radius of 250 feet in a Northwesterly direction to the left 24.38 feet to a point, the place of BEGINNING. BEING premises known as 9 Glenwood Drive (East). AND BEING Lot No. 26, Block T, in Plan No. 3 of Ridley Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 14, Page 22. Parcel No: 09 -16- 1050 -229 PROPERTY ADDRESS: 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011 -1137 PARCEL #09 -16- 1050 -229 File #: 322492 i VERIFICATION I, T , hereby state that I am Auffi o rtzed Officer of Residential Funding, LLC, mortgage servicing agent for the Plaintiff in this matter. The I Plaintiff has delegated the mortgage servicing re §ponsibility to Residential Funding, LLC for the mortgage loan which is the subject of this action Plaintiff lacks sufficient information to make I this verification because Plaintiff is not the entity which maintains the business records for the mortgage. Residential Funding, LLC is in possession and control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. i I have reviewed the business records relating t this account, and am authorized to make this verification. I hereby verify that the statements I ade in the foregoing Civil Action in Mortgage Foreclosure are true and correct t to the best of m� information and belief. I understand that this statement is made subject to the penalties of 18 >j a. C.S. §4904 relating to unsworn falsification to authorities. DATE: X /0 Na e: TanyaBe�eeRsysaR�r�Vms�; Title: "Authorize 4ff ic" Residential Funding, LLC File #: 322492 Name: SOPHIE NIBA File #: 322492 I Pa.R.C.P. 205.5 Updated 01/01/2011 FORM 1 IN THE COURT OF COMMON PL J AS,_, ; U.S. Bank National Association, as Trustee for OF CUMBERLAND COUNTY, PENNSV,4IA Residential Asset Securities Corporation, Home m Co c, C o Equity Mortgage Asset-Backed Pass - Through i rq Certificates, and Series 2007 -EMX1 r" Plaintiff(s) `A _ - rs vs. o. C) rte: SOPHIE NIBA 29 c o Defendant(s) J/ Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of de foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suitproceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: JUL 05 2013 Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: i Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 "d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Pa ment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 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 4: 322492 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff -1 E P R 0 T H 0 N 0 T rf Jody S Smith 'r 76113 JUL 18 AM 9: 5 9 Chief Deputy Richard W Stewart CUMBERLAND COUN T y Solicitor OF F�ECIF TRE SREPIrg, PEWiSYLVANIA U.S. Bank National Assocation Case Number VS. 2013-3936 Sophie E Niba I SHERIFF'S RETURN OF SERVICE 07/09/2013 08:09 PM-Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Sophie E Niba at 9 E Glenwood Drive, East Pennsboro, Camp Hill, PA 17011. AMANDA COBAUGH, DEPUTU SHERIFF COST: $44.95 SO ANSWERS, 1---7 July 10, 2013 R-0NW R ANDERSON, SHERIFF (c)Countysuite Shoffif,Tcleosoft Inc. r ;. THHHD reOTA„ PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 :M3 ;` '� l : 14 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 r"''' EJL ,f,,2 COUNT Y 215-563-7000 PENNSYLVANIA U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation Home Equity Court of Common Pleas Mortgage Asset-Backed Pass-Through Certificates, and Series 2007-EMX1 Civil Division C/O OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE No. 13-3936-CIVIL P.O. BOX 8300 FORT WASHINGTON, PA 19034 Cumberland County Plaintiff v. SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL,PA 17011-1137 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation Home Equity Mortgage Asset-Backed Pass-Through Certificates, and Series 2007- EMX1 (hereinafter"Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On July 9, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due December 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit"A". 2. On July 9, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriffs Return of Service 816250 is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN H A LI■ AN Date: ( BY: „„ ► fil_p . Schal', Esquire orn- for Plaintiff 750 Exhibit "A" • M # Q - —4 spa c.. T` 1- — rn cn w _ - �c-s 2n ZO %.p or --1 PHELAN HALLINAN,LLP fix,; cn Melissa J.Cantwell,Esq.,Id.No.308912 -C °° -` 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 U.S.Bank National Association,as Trustee for Residential Asset Securities Corporation,Home Equity COURT OF COMMON PLEAS Mortgage Asset-Backed Pass-Through Certificates,and Series 2007-EMX1 CIVIL DIVISION C/O OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE TERM P.O.FORT WASHINGTON, PA 19034 NO. /S-3134 Plaintiff CUMBERLAND COUNTY v. SOPHIE MBA 9 EAST GLENWOOD DRIVE • CAMP HILL,PA 17011-1137 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE rile Copy ht re y t�'t E iy • :# 1Pasn Return Ithln t©be true and Filed: 322492 Correct cool/ f}}} 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 FOR'T'H BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIIIS 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#. 322492 1. Plaintiff is U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, and Series 2007-EMX1 C/O OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) arc: SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 who is/are the mortgagor(s) of the property hereinafter described. 3. On 09/29/2006 SOPHIE NIBA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE LENDERS NETWORK USA, INC , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1972,Page 1015. By Assignment of Mortgage recorded 01/17/2013 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201301859. Said Mortgage was modified as set forth in the modification agreement which is unrecorded. 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, File if: 322492 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2012 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. 6. The following amounts are due on the mortgage as of 05/16/2013: Principal Balance $135,998.29 Interest $3,752.32 11/01/2012 to 05/16/2013 Late Charges $0.00 Property Inspections $63.25 Non Sufficient Funds Charge $20.00 Escrow Deficit $2,204.18 Subtotal $142,038.04 Suspense Credit ($28.79) TOTAL $142,009.25 7. 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. file i?; 'a22492 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $1.42,009,25,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,LLP lay. ---°" - A./ Melissa J. Cantwell, ,R1_ h3.No.308912 Attorney for Plaintiff File#: 322492 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows;to wit: BEGINNING at a point on the Easterly line of Glenwood Drive (East), which point is 337.53 feet South of the intersection of Glenwood Drive (East) and Matthew Road and at dividing line between Lots Nos. 26 and 27, Block 'J',on the hereinafter mentioned Plan of Lots; THENCE along said dividing line North 47 degrees 24' 45 " East 111.72 feet to a point at dividing line between premises herein conveyed and land now or late of Glenwood Park,Inc.; THENCE along said dividing line South 37 degrees 00' East 90.84 feet to a point at dividing line between Lots Nos. 25 and 26, Block'J", on said Plan; THENCE along said dividing line South 53 degrees 00' West 110 feet to a point on the Easterly line of Glenwood Drive(East) aforesaid; THENCE along the Easterly line of Glenwood Drive (East)North 37 degrees 00' West 55.62 feet to a point; THENCE FURTHER along same in an arc having a radius of 250 feet in a Northwesterly direction to the left 24.38 feet to a point,the place of BEGINNING. BEING premises known as 9 Glenwood Drive(East). AND BEING Lot No. 26, Block'J', in Plan No. 3 of Ridley Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 14, Page 22. Parcel No: 09-16-1050-229 PROPERTY ADDRESS: 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011.1137 PARCEL #09-16-1050-229 File k; 322492 Y Em lFA A,ION.. I, 'liavaRau+eR87s Wiastesd ,hereby state that I am ttthQt'128d O iCOr of Residential Funding, LLC, mortgage servicing a em for the Plaintiff in this matter, The Plaintiff has delegated the mortgage servicing re ponsibility to Residential Funding, LLC for the mortgage Ioan which is the subject of this action1 Plaintiff lacks sufficient information to make this verification because Plaintiff is not the entity which maintains the business records for the mortgage. Residential.Funding,LLC is in possession and control of all documents and records supporting the statements in the foregoing comSaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements rude in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa, C.S. §4904 relating to unswom falsification to authorities, DATE: �_Li cif A t Ate 1, eaitziwwC, Na rf Tsaya Re=Raytor-Wiustod Title: "Atitt'hort ed OfiCerr Residential Funding, LLC File#: 322492 Name: SOPHIE NIBA N: 322492 - FORM IN THE COURT OF COMMON PLEAS U.S. Bank National Association,as Trustee for OF CUMBERLAND COUNTY,PENNSYLVANIA Residential Asset Securities Corporation, umno Equity Mortgage Asset-Racked PassThrough Certificates,and Series 2007-EMX I Plaintiff(s) vs. SOPHIE NIBA Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE ������������ �`~^ ~~~'"� ~^� �~~~=��^^^^` � �'~"~ ^,�^^�~ " ~"^.~~^� ��~^^.��~~~~~,°~'^~°� ���`���X���o��J ���o0o�� ��� DIVERSION~~�~`,�^�^` . �~~^~"�"^^^,^ You have been served with a foreclosure complaint that could cause you to lose your home, If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference, First,within twenty(20)days of your receipt or this notice,you must contact Mid'enn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at o charge to you. Once you have been appointed a legal representative,you must pr mptly meet with that legal representative within twenty(20)(lays of the appointment date, During timi meeting,you must piovide the legni representative with all requested financial information so tha a loan resolution proposal can be prepared on your behalf. If you and your legal representative financial rk h in the format attached h o the legal representative will and Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation confer nce is scheduled,you will have an ity to mee db a representative a representative 'your lender lit an attempt to work out reasonable arrangements with your lender before the mortgage foicekisure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps n,bv eligible for o concilIation conference. It is not necessary for you to contact MidPenn Legal Service for the appoinwment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. 11'you and your lawyer complete a imancial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Confer ncuwidbU`oCnvrt.wkiuhmuu,hvfi(ud within sixty(60)days of the service upon you of de foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suitproceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTECE. THIS PROGRAM IS FREE. Respectfully submitted: JUL 05 2013 ---- -------- -- -~=�c��------- Date Melissa J.Cantwell,8oq,Id.No3O89\3 Attorney for Plaintiff • FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland Count Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: . .. . .. .. City: State:. Zip: Is the property for sale? Yes❑ No�] Listing date: Price: Realtor Name: Realtor Phone: Borrower Occupied? Yes❑ No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Henze: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: _..._ Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender: _ __ _......... __........_.._.__.,_......... ._ ___.,. Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender ._.__ 'Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: If yes,provide names, location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: Retirement Funds: $ $ Investments: $ $ Checking: Savings: $__ $r Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value Other.cans ortation t k tgt L, boats,motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1, Monthly Gross ._..Monthly Net 2. _.� Monthly Gross Monthly Net 3. Monthly Gross __......_.Monthly Net Additional Income Description(not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days; ...__�.._ Co Borrower Pay Days: Monthly Expenses; (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage .__. ... Food 2'� Mortgte Utilities Car Payment(s) Condo/NeighFees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop,payment Install Loan Payment Cable TV Child Suppor�t/Aiim Spendin&Money__ Day/Child Care/Tuft �OtherExpensos Amount Available for Monthly Mortgage Payments Based on Income&Expenses: have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency_ « ,,..N.._ Counselor: Phone(Office): Fax Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name);_ Phone: Servicing Company(Name): Contact: Phone: • I/We, _ _,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my- financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named _ Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) • • • Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff f nt Cri Wo�,4,4 Jody S Smith Chief Deputy Richard W Stewart Solicitor f iC G Qf Tne V.S.R4.F U.S. Bank National Assocation vs. Case Number Sophie E Niba 2013-3938 SHERIFF'S RETURN OF SERVICE 07/0912013 08:09 PM-Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit:Sophie E Niba at 9 E Glenwood Drive, East Pennsboro, Camp Hill, PA 17011. (Anti p{( t J. AMANDA COBAUGH,DEPUTY SHERIFF COST:$44.95 SO ANSWERS, July 10,2013 RON. R ANDERSON, SHERIFF PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation Home Equity Court of Common Pleas Mortgage Asset-Backed Pass-Through Certificates, and Series 2007-EMX1 Civil Division CIO OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE No. 13-3936-CIVIL P.O. BOX 8300 FORT WASHINGTON, PA 19034 Cumberland County Plaintiff v. SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL,PA 17011-1137 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 ///2-0A3 B ? � �• Date: i / Jos; . Schalk, Esquire uire q Atti rney for Plaintiff 816250 a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation Home Equity Court of Common Pleas Mortgage Asset-Backed Pass-Through Certificates, and Series 2007-EMX1 Civil Division C/O OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE No. 13-3936-CIVIL P.O. BOX 8300 FORT WASHINGTON, PA 19034 Cumberland County Plaintiff v. r - SOPHIE NIBA r'' k In-- --t 9 EAST GLENWOOD DRIVE v: ry r CAMP HILL, PA 17011-1137 ) �' +n Defendant c �,) r- ORDER AND NOW,this 2 24 day of 93 $ , 2013, upon consideration of Plaintiffs Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE 3 URT: 4 J. c c : ✓Sophie Niba V Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 816250 eop;GS AAA.:(19/ li/aa-//3 �Z/G� {i PHELAN HALLINAN, LLP �- Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 2t� '1' f 7 1617 JFK Boulevard, Suite 1400li`in( p CO t�T One Penn Center Plaza PENNS LVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, : CUMBERLAND COUNTY AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, : COURT OF COMMON PLEAS HOME EQUITY MORTGAGE ASSET- BACKED PASS-THROUGH : CIVIL DIVISION CERTIFICATES,AND SERIES 2007- EMX1 : No. 13-3936 CIVIL vs. • SOPHIE NIBA 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 SOPHIE NIBA, 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 $142,009.25 TOTAL $142,009.25 I hereby certify that (1) the Defendant's last known address is 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 2 / ( � /AN Jona v n Lobb, Esq., Id. No.312174 Att r�neyr Pia. iff v,,. / DAMAGES ARE HEREBY ASSESSED AS INDICATED. 4 'w DATE: 1A)"1 r •h C. v► , PH#816250 PROTHONOTARY OV A Itis*S()PeChici 816 211 „ 3e1 s9 1.a. Isss i ce Mil PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 U.S.BANK NATIONAL ASSOCIATION, : CUMBERLAND COUNTY AS TRUSTEE FOR RESIDENTIAL : COURT OF COMMON PLEAS ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET- : CIVIL DIVISION BACKED PASS-THROUGH CERTIFICATES,AND SERIES 2007- : No. 13-3936 CIVIL EMX1 • vs. SOPHIE NIBA 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant SOPHIE NIBA is over 18 years of age and resides at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 2/t(// I �avad Phela,'allinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 816250 Department of Defense Manpower Data Center Results as of:Feb-11-2014 12:06:54 AM SCRA 3.0 6 .• Status Report Pursuant to Servicernembers Civil.Relief Act Last Name: NIBA First Name: SOPHIE Middle Name: Active Duty Status As Of: Feb-11-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .. No NA This response reflects the individuals'active duty status based onthe Active Duty Status Date Left Active Duty,Within 367 Days of Active Duty Status Date I,.Active Duty,Start Date i Active Duty End Date Stetus Service Component,. NA t NA No NA This response reFlects where the individual left active duty status within`307'days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reFlects whether the individual or his/herunit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. OtviAj_ . Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 U.S.BANK NATIONAL ASSOCIATION,AS COURT OF COMMON PLEAS TRUSTEE FOR RESIDENTIAL ASSET CIVIL DIVISION SECURITIES CORPORATION,HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH NO. 13-3936 CIVIL CERTIFICATES,AND SERIES 2007-EMX1 Plaintiff CUMBERLAND COUNTY v. SOPHIE NIBA Defendant(s) TO: SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL,PA 17011-1137 /Al DATE OF NOTICE: / / 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 I.N 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 /, By: Emily M. Phelan,Esq.,Id.No.315250 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 P1 I#816250 (Rule of Civil Procedure No. 236) - Revised U.S. BANK NATIONAL ASSOCIATION, : CUMBERLAND COUNTY AS TRUSTEE FOR RESIDENTIAL . ASSET SECURITIES CORPORATION, : COURT OF COMMON PLEAS HOME EQUITY MORTGAGE ASSET- . BACKED PASS-THROUGH . CERTIFICATES,AND SERIES 2007- : CIVIL DIVISION EMX1 . : No. 13-3936 CIVIL vs. . • SOPHIE NIBA Notice is given that a Judgment in the above captioned matter has been entered against you on _449_ By: 41 . If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 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 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.** 816250 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR • COURT OF COMMON PLEAS RESIDENTIAL ASSET SECURITIES CORPORATION,HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES,AND • CIVIL DIVISION SERIES 2007-EMX1 • Plaintiff : NO.: 13-3936 CIVIL • v. • • CUMBERLAND COUNTY SOPHIE NIBA Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $142,009.25 Interest from 02/13/2014 to Date of Sale $2,614.08 ($23.34 per diem) TOTAL $144,623.33 Ph• .n allinan,LLP Jonathan Lobb,Esq., Id. No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#816250 � 95 r t"t lJv V�� 3h, 1-1(4 .a CFU �` y ` _ II )0 3. -) it 0 - r- � = 1 � 7 iE; s a 3 1 SD ,1# I ?67/966 # 2c) Issiesf ss,,d • LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises,situate,lying and being in the Township of East Pennsboro,in the County of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows;to wit: BEGINNING at a point on the Easterly line of Glenwood Drive(East),which point is 337.53 feet South of the intersection of Glenwood Drive(East) and Matthew Road and at dividing line between Lots Nos.26 and 27,Block T, on the hereinafter mentioned Plan of Lots;THENCE along said dividing line North 47 degrees 24 minutes 45 seconds East 111.72 feet to a point at dividing line between premises herein conveyed and land now or late of Glenwood Park,Inc.;THENCE along said dividing line South 37 degrees 00 minutes East 90.84 feet to a point at dividing line between Lots Nos.25 and 26,Block'J',on said Plan;THENCE along said dividing line South 53 degrees 00 minutes West 110 feet to a point on the Easterly line of Glenwood Drive(East)aforesaid; THENCE along the Easterly line of Glenwood Drive(East)North 37 degrees 00 minutes West 55.62 feet to a point;THENCE FURTHER along same in an arc having a radius of 250 feet in a Northwesterly direction to the left 24.38 feet to a point,the place of BEGINNING. AND BEING Lot No.26,Block'J',in Plan No. 3 of Ridley Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,.in Plan Book 14,Page 22. TITLE TO SAID PREMISES VESTED IN Sophie Niba by Deed from Rama R. Suri and Satish . K. Suri,husband and wife, and Hitesh Suri and Paramjit Kaur, husband and wife, dated 9/29/2006 and recorded 11/7/2006 in Deed Book 277, Page 2485. PREMISES BEING: 9 EAST GLENWOOD DRIVE,CAMP HILL,PA 17011-1137 PARCEL NO.09-16-1050-229 • • • PHELAN HALLINAN, LLP _ ( Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 21 1 FEB One Penn Center Plaza l LJ: i I3ERL AND Philadelphia, PA 19103 COUNTY Jonathan.Lobb @phelanhallinan.com PENNSYLVANIA 215-563-7000 U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR : COURT OF COMMON PLEAS RESIDENTIAL ASSET SECURITIES CORPORATION,HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH : CIVIL DIVISION CERTIFICATES, AND SERIES 2007-EMX1 Plaintiff : NO.: 13-3936 CIVIL v. : CUMBERLAND COUNTY SOPHIE NIBA Defendant(s) CERTIFICATION 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,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE : COURT OF COMMON PLEAS FOR RESIDENTIAL ASSET SECURITIES CORPORATION,HOME EQUITY MORTGAGE ASSET- CIVIL DIVISION BACKED PASS-THROUGH CERTIFICATES, AND SERIES 2007-EMX1 NO.: 13-3936 CIVIL• Plaintiff • v. • CUMBERLAND COUNTY SOPHIE NIBA Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION,HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES,AND SERIES 2007- EMX1,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 9 EAST GLENWOOD DRIVE,CAMP HILL,PA 17011-1137. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL,PA 17011-1137 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL,PA 17011-1137 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) COMMONWEALTH OF PA DEPT. OF P.O.BOX 280948 -n REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0948 m rn rn E COMMONWEALTH OF PA DEPT. OF P.O.BOX 280946 cf, -_ ' REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0946 c:'-F-- ATLANTIC CREDIT&FINANCE,INC., 2727 FRANKLIN ROAD,SW � c - ASSIGNEE FROM HSBC ROANOKE,VA 24014 ?Y ATLANTIC CREDIT&FINANCE,INC., P.O.BOX 13386 •- ASSIGNEE FROM HSBC ROANOKE,VA 24033 ATLANTIC CREDIT& FINANCE,INC., 520 FELLOWSHIP ROAD, C306 ASSIGNEE FROM HSBC MOUNT LAUREL,NJ 08054 C/O DAVID J.APOTHAKER,ESQUIRE ATLANTIC CREDIT& FINANCE,INC., 1400 KOPPERS BUILDING ASSIGNEE FROM HSBC 436 SEVENTH AVENUE C/O WILLIAM T.MOLCZAN,ESQUIRE PITTSBURGH,PA 15219 PH# 816250 t A FIRST FINANCIAL PORTFOLIO 151 REGIONS WAY#2A MANAGEMENT,INC. DESTIN,FL 32541 FIRST FINANCIAL PORTFOLIO EDWIN A.ABRAHAMSEN&ASSOCIATES, MANAGEMENT,INC. P.C. C/O MICHAEL F.RATCHFORD,ESQUIRE 120 N KEYSER AVE SCRANTON,PA 18504 FIRST FINANCIAL PORTFOLIO 1729 PITTSTON AVENUE MANAGEMENT,INC. SCRANTON,PA 18505 C/O MICHAEL F.RATCHFORD,ESQUIRE 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) TOWNSHIP OF EAST PENNSBORO 3901 MARKET STREET C/O HENRY F.COYNE,ESQUIRE CAMP HILL,PA 17011 TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA,PA 17025 TOWNSHIP OF EAST PENNSBORO 3964 LEXINGTON STREET C/O JOSEPH A.CURCILLO,III,ESQUIRE HARRISBURG,PA 17109 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. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 9 EAST GLENWOOD DRIVE CAMP HILL,PA 17011-1137 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 PH# 816250 .fi U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: ?i ///// y: � B Phel allinan,LLP Jo than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 816250 U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR : COURT OF COMMON PLEAS RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC.,MORTGAGE PASS-THROUGH CERTIFICATES, : CIVIL DIVISION SERIES 2006-SA4 : NO.: 13-3936 CIVIL Plaintiff : vs. : CUMBERLAND COUNTY" SOPHIE NIBA ^`n' " r� r� Defendant(s) i? -4) t.„) c:. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 7.7 TO: SOPHIE NIBA � ,tjD 9 EAST GLENWOOD DRIVE CAMP HILL,PA 17011-1137 **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 9 EAST GLENWOOD DRIVE, CAMP HILL,PA 17011-1137 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$142,009.25 obtained by U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I,INC.,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-SA4(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. 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. 13-3936 CIVIL U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, AND SERIES 2007-EMX1 v. SOPHIE NIBA owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylvania, being 9 EAST GLENWOOD DRIVE, CAMP HILL,PA 17011-1137 Parcel No. 09-16-1050-229 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $142,009.25 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises,situate,lying and being in the Township of East Pennsboro,in the County of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows;to wit: BEGINNING at a point on the Easterly line of Glenwood Drive(East),which point is 337.53 feet South of the intersection of Glenwood Drive(East)and Matthew Road and at dividing line between Lots Nos. 26 and 27,Block'J',on the hereinafter mentioned Plan of Lots;THENCE along said dividing line North 47 degrees 24 minutes 45 seconds East 111.72 feet to a point at dividing line between premises herein conveyed and land now or late of Glenwood Park,Inc.;THENCE along said dividing line South 37 degrees 00 minutes East 90.84 feet to a point at dividing line between Lots Nos.25 and 26,Block T,on said Plan;THENCE along said dividing line South 53 degrees 00 minutes West 110 feet to a point on the Easterly line of Glenwood Drive(East)aforesaid;THENCE along the Easterly line of Glenwood Drive(East)North 37 degrees 00 minutes West 55.62 feet to a point;THENCE FURTHER along same in an arc having a radius of 250 feet in a Northwesterly direction to the left 24.38 feet to a point,the place of BEGINNING. AND BEING Lot No. 26,Block'J',in Plan No. 3 of Ridley Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania, in Plan Book 14, Page 22. TITLE TO SAID PREMISES VESTED IN Sophie Niba by Deed from Rama R. Sufi and Satish K. Sufi, husband and wife, and Hitesh Sufi and Paramjit Kaur, husband and wife, dated 9/29/2006 and recorded 11/7/2006 in Deed Book 277, Page 2485. PREMISES BEING: 9 EAST GLENWOOD DRIVE,CAMP HILL,PA 17011-1137 PARCEL NO. 09-16-1050-229 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3936 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES,AND SERIES 2007-EMX1 Plaintiff(s) From SOPHIE NIBA (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: $142,009.25 L.L.: $.50 Interest from 2/13/14 to Date of Sale --($23.34 PER DIEM)- $2,614.08 Atty's Comm: Due Prothy: $2.25 Atty Paid: $193.70 Other Costs: Plaintiff Paid: Date: 2/12/14 , • David D. Buell,Prothonota (Seal) By: Deputy REQUESTING PARTY: Name:JONATHAN LOBB,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 u7iibi:L 7.4 i Phelan Hallinan, LLP 2r1 '•• i Jonathan M. Etkowicz, Esq., Id. No.208786 12 ';i i rtl:ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 @ER@@�tD COU One Penn Center Plaza L"�c E T.`. Philadelphia, PA 19103 j onathan. etkowicz@phelanhallinan. corn 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, : SERIES 2006-SA4 Plaintiff v. SOPHIE NIBA Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 9, 2013. 2. Judgment was entered on February 12, 2014 in the amount of $142,009.25. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 4, 2014. 816250 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through April 28, 2014 Legal fees Cost of Suit and. Title Property Inspections Appraisal/Brokers Price Opinion Escrow Deficit Suspense/Misc. Credits $135,998.29 $10,396.85 $2,500.00 $304.29 $165.25 $392.00 $7,163.33 ($28.79) TOTAL $156,891.22 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 9, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Lift Conciliation Stay dated November 22, 2013. 816250 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP M. Etkowicz, Esquire RNEY FOR PLAINTIFF 816250 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 v. SOPHIE NIBA Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SOPHIE NIBA executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 816250 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 816250 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel. 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 816250 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 816250 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 816250 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 816250 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 816250 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jon Att M. Etkowicz, Esquire y for Plaintiff 816250 Exhibit "A" 816250 OF• THE PROTHONOTARY : 17 PHELAN HALLINAN, LLP ZQ jy FE$ dM I f Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUM8ERLANO COUNTY One Penn Center Plaza I'�NNS YLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, : CUMBERLAND COUNTY AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, : COURT OF COMMON PLEAS HOME EQUITY MORTGAGE ASSET- BACKED PASS-THROUGH _,CIVIL DIVISION CERTIFICATES, AND SERIES 2007- ( EMXletv 0. F.iveRt No. 13-3936 CIVIL vs. �` `" P SOPHIE NIBA • PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND.ASSESSMi )F DAMAGES Kindly enter jud ; • . �� • •e���� • , a� intiff and against SOPHIE NIBA, Defendant(s) for failure to file an Answ -' o s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: TO THE PROTHONOTARY: • As set forth in Complaint G .0°14 ," - 2,009.25 TOTAL'‘,' `ISA*142,009.25 I herPhy certify c I'•s 74 own ad. - ss is DRIVE, CAMP HILL, PA 17011-1137, ai�(2) that notice has been given in accordance with T Rule Pa.R.C.P 237.1. Date Jona - 'Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a.\\,,,LA PH # 816250 PROTHONOTARY wJP 816250 "B" :xhibit 816250 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania May 1, 2014 SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 v. SOPHIE NIBA Premises Address: 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 13-3936 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 5/6/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 1 ours,. Jot kith yin M. l"tkowicz,, Esq., Id. No.208786 At tc •i `y for Plaintiff Enclosure 816250 Name and Address Of Sender Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza JO Philadel.hia, PA 19103 Name of Addressee, Street and Post Office Address SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL PA 17011-1.137 RE: SOPHIE NIBA CUMBERLAND Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office PEN 816250/.1200 Pare 1 of 1 E 0 0 0 fie full declaration of value is required on all domestic and international registered mail. Th or the reconstruction of nonnegotiable documents under Express Mail document reconstruer iece;subjeci to a limit of S500,000 per occurrence, The maximum indemnity payable 9n. Ex the maximum indemnity payable is 535,000 for registered mail, sent with optional insurance, Et940 5913 and S911 for limitations of covers Form 3877 Facsi.miie L_____. 816250 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff v. SOPHIE NIBA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 DATE: By: Phelan Hallinan, LLP Jonat ATT tkowicz, Esquire EY FOR PLAINTIFF 816250 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, : SERIES 2006-SA4 v. SOPHIE NIBA Plaintiff Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL RULE AND NOW, this / `/ " day of /1147 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 816250 • Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ✓ SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 t� es /72:2..; 4t�, ci/it( 816250 816250 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET- BACKED PASS-THROUGH CERTIFICATES, AND SERIES 2007-EMX1 Plaintiff, V. SOPHIE NIBA Defendant(s) C-: rzir.9.71 r C) CUMBERLAND COUNTY c COURT OF COMMON PLEAS; CIVIL DIVISION . No.: 13-3936 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY ) SS: r3 CFI As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: ‘5777 /// Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 816250 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE COURT OF COMMON PLEAS FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET- CIVIL DIVISION BACKED PASS-THROUGH CERTIFICATES, AND SERIES 2007-EMX1 NO.: 13-3936 CIVIL Plaintiff v. CUMBERLAND COUNTY Sophie Niba Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, AND SERIES 2007- EMX1, 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 9 East Glenwood Drive, Camp Hill, PA 17011-1137. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Sophie Niba 9 East Glenwood Drive Camp Hill, PA 17011-1137 2. Name and address of Defendant(s) in the judgment: Name Sophie Niba Address (if address cannot be reasonably ascertained, please so indicate) 9 East Glenwood Drive Camp Hill, PA 17011-1137 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) Commonwealth of PA Dept. of Revenue Bureau P.O. Box 280948 of Compliance Harrisburg, PA 17128-0948 Commonwealth of PA Dept. of Revenue Bureau P.O. Box 280946 of Compliance Harrisburg, PA 17128-0946 Midland Funding, LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 Midland Funding, LLC 425 Eagle Rock Avenue C/O Nudelman, Klemm & Golub Roseland, NJ 07068 Midland Funding, LLC C/O Abrahamsen & 120 N. Keyser Avenue Assoc., PC. Scranton, PA 18504 PH # 816250 Midland Funding, LLC C/0 Pressler and Pressler, LLP Ralph Gulko, Esq. Midland Funding, LLC CIO Pressler and Pressler, LLP Ralph Gulko, Esq. Midland Funding, LLC CIO Edwin A. Abrahamsen & Assoc. Atlantic Credit & Finance, Inc., Assignee From Hsbc Atlantic Credit & Finance, Inc., Assignee From Hsbc Atlantic Credit & Finance, Inc., Assignee From Hsbc C/0 David J. Apothaker, Esquire Atlantic Credit & Finance, Inc., Assignee From Hsbc C/0 William T. Molczan, Esquire First Financial Portfolio Management, Inc. First Financial Portfolio Management, Inc. C/O Michael F. Ratchford, Esquire First Financial Portfolio Management, Inc. C/O Michael F. Ratchford, Esquire 804 West Avenue Jenkintown, PA 19046 7 Entin Road PO Box 500 Parsippany, NJ 07054-0500 1006 Pittstown Ave Scranton, PA 18505 2727 Franklin Road, Sw Roanoke, VA 24014 P.O. Box 13386 Roanoke, VA 24033 520 Fellowship Road, C306 Mount Laurel, NJ 08054 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 151 Regions Way #2a Destin, FL 32541 Edwin A. Abrahamsen & Associates, P.C. 120 N Keyser Ave Scranton, PA 18504 1729 Pittston Avenue Scranton, PA 18505 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 Name Township of East Pennsboro C/0 Henry F. Coyne, Esquire Township of East Pennsboro Township of East Pennsboro C/0 Joseph A. Curcillo, III, Esquire record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) 3901 Market Street Camp Hill, PA 17011 98 South Enola Drive Enola, PA 17025 3964 Lexington Street Harrisburg, PA 17109 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. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: PH # 816250 Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 9 East Glenwood Drive Camp Hill, PA 17011-1137 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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: PH # 816250 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Phelan Hallinan, LLP Address 111.10 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/KAZ - 06/04/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address 1 Midland Funding, LLC 8875 AERO DRIVE, SUITE 200 SAN DIEGO, CA 92123 a .*- N N ca Ila A. Postage ¢ ll�,lI $0.47 �r To L(1]_- mch c NOO 2 Midland Funding, LLC 425 EAGLE ROCK AVENUE C/O NUDELMAN, KLEMM & GOLUB ROSELAND, NJ 07068 3 Midland Funding, LLC C/O Abrahamsen & Assoc., PC. 120 N. KEYSER AVENUE Scranton, PA 18504 4 Midland Funding, LLC C/O Edwin A. Abrahamsen & Assoc. 1006 PITTSTOWN AVE Scranton, PA 18505 5 Midland Funding, LLC C/O Pressler and Pressler, LLP Ralph Gulko, Esq. 804 WEST AVENUE JENKINTOWN, PA 19046 $0.47 $0.47 $0.47 $0.47 6 Midland Funding, LLC C/O Pressler and Pressler, LLP Ralph Gulko, Esq. 7 ENTIN ROAD PO BOX 500 PARSIPPANY, NJ 07054-0500 S0.47 RE: SOPHIE MBA (CUMBERLAND) PH # 816250/1026 Page 1 of 1 45 Day $2.82 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) Form 3877 Facsimile . PH # 816250 The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documemtt.under Express Mail document reconstruction insurance is $50,000 pes piece subject to a limit of $500.000 per omnrence. The maximum indemnity payable on Express Mall merchandise is 3500. The maximum indemnity payable is $25,000 frx registered mail, sent with optional insurance. See Domestic Mail Manual 8900 S913 and 5921 for limitations of coverage. Name and Address Of Sender Phelan JFK Boulevard, 1617617JFK uite 140 One Penn Center Plaza Philadelphia, PA 1910 AZKJCET • 06/04/2014 SALE Co AO 0 Line Article Number Name of Addressee, S , eet, an. Post Office Address Postage .4 C) k 1 **** Internal Revenue Se ce Advi ory $0.46 h i 1000 Liberty Avenue ' ' m 71 Pittsburgh, PA 15222 cl' 19 , -el 2 **** U.S. Department of J ce $0.46a U.S. Attorney for the i ddle Di - rict of PA c4 * �" Federal Building „fa 228 Walnut Street, Suit: 220 00 PO Box 11754 0,. • , ;.. Harrisburg, PA 17108-1 4 ` 3 Township of East Penns ' t ro $0.45 ' 98 South Enola Drive ,'esti ,e+' Enols, PA 17025 ` • 4 **** TOWNSHIP OF EAST P NNSB s RO CIO HENRY F. COYNE, ESQUIRE ,�----~^��,� $0.45 3901 MARKET STREET CAMP HILL,,PA 17011fa aISO. ,r 5 **** TOWNSHIP OF EAST PE NSBO ' 0 C/O JOSEPH A. CURCILLO, III, ESQUIRE $0.45 3964 LEXINGTON STRE i T HARRISBURG, PA 17109 ,, 6 **** Domestic Relations of $OAS Cumberland County 13 North Hanover Street Carlisle, PA 17013 7 **** Commonwealth of Pennsylva I is $0.45 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 1RErSOPHi» CUMBE • , I'lf*8f6 /102r r` .� ..— .-'WW1` i It--+ r. $7.67 Tani Number of Total Number of Pictcs Post cr. Per ( •• me of The MI declaration of value is required on all domestic and international registered moil.. The maximum indemnity payable Pieces Listed by Sender Received at Port Office Recti Ang Emplo ) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 peroccurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. Sec Domestic Mail Manual R900 S913 and S92I for limitations of coverage. Form 3877 Facsimile c r --Address Of Sender y Phelan Hallinan, LP 1617 JFK Boulev , Suite 1400 One Penn Center aza rnuaaelpma, rR 1 iv., ALt'.J 1 - UO(U4/LU14 SALE. v Line Article Number Name of Add • .s • , Street, : ad Post Office Address Postage o 1 **** TENANT/OCCUP NT 9 EAST GLENWO a D DRI E CAMP HILL,PA 1 011-113'jv $0.45 W. , G7 2 **** ATLANTIC CRED & . NCE, INC., ASSIGNEE FROM HSBC 2727 FRANKLIN R I AD, S ROANOKE, VA 240 t • $0.45 w Q Ula t ` 4 4 M r 3 **** ATLANTIC CREDI : FINACE, INC., ASSIGNEE FROM HSBC P.O. BOX 13386 ROANOKE, VA 24033 c $0.45 •" ci4 a.N No 4 **** ATLANTIC CREDIT FINA CE, INC., ASSIGNEE FROM HSBC C/O DAVID, J. APOTHAKER, ESQUIRE 520 FELLOWSHIP RO • D, C30 MOUNT LAUREL, NJ u : l 54- $0.45lt:'i`r ;,� • ft,;,• 1 , ii: 4 5 **** ATLANTIC CREDIT & AN INC., ASSIGNEE FROM. HSBC C/O WILLIAM T. MOLCZAN, ESQUIRE 1400 KOPPERS BUILD 436 SEVENTH AVENUE P1TtSBURGH, PA 15219 $045 •`� . ± i* 4' . '--1 ),% j 0--, ,Rs. f 6 **** Commonwealth of PA Dept. , f Reve tie Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128-0948 $0.45 ,,�'�„�,, '..'7d 1, _. 7 **** Commonwealth of PA Dept. i Reven e Bureau of Compliance P.O. Box 280946 Harrisburg, PA 17128-0946 $0.45 8 **** FIRST FINANCIAL PORTFO IO M AGEMENT, INC. 151 REGIONS WAY #2A DESTIN, FL 32541 $0.45 9 **** FIRST FINANCIAL PORTFOL 0 MA GEMENT, INC. C/O MICHAEL F. RATCHFORD, ESQUIRE EDWIN A. ABRAHAMSEN & A. SOCI TES, P.C. 120 N KEYSER AVE SCRANTON, PA. 18504 $0.45 10 **** FIRST FINANCIAL PORTFOLI I MANA EMENT, INC. C/O MICHAEL F. RATCHFORD, ESQUIRE 1729 PITTSTON AVENUE SCRANTON PA 18505 $0.45 girEfSOPHIE.NEBW. iii 51' /x•1'11_ 17 i` . o .. -1li 1 Total Number of ) Pieces Listed by Sender 1 Total Number of Picas Received at Post Office Postmaster. Pc (Name of Receiving Emp • yee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 550.000 per piece subject to a limit of 5500.000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is 525.000 for registeredmail, sent with optional insurance_ See Domestic Mall Manual R900 S913 and S921 for limitations of coverage. corm 3877 Facsimile Phelan Hallinan, LLP �+ �ri�l THONG) "jfi Justin F. Kobeski, Esq., Id. No�2@392 23 14 LI 1617 JFK Boulevard, Suite 14,?3 rl 10: One Penn Center Plaza MBEF;LANO COUNTY Philadelphia, PA 19103 PENNSYLVANIA justin.kobeski@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff vs. SOPHIE NIBA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 DATE: (4?2-4/ By: Phelan H ,LLP Justin V obeski, Esq., Id. No.200392 Au rney for Plaintiff 816250 iNBERL/tiND C0(1?r; PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff, : CIVIL DIVISION Attorney for Plaintiff v. : No.: 13-3936 CIVIL SOPHIE NIBA Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 09/03/2014 at 10:00 AM. Date: b Z I - PH # 816250 Pau esman, Esq., Id. No.318079 Attorney for Plaintiff PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff, v. SOPHIE NIBA Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 13-3936 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 Date: / 'Z' % 4 PH # 816250 Pau" ressman, Esq., Id. No.318079 Attorney for Plaintiff Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ., r 1 V 0 N 01, 2 LI MI _5 AN Y 56 UM l E I, L AND C l) uil ATTORNEY FOR PLAINTIFF PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 vs. SOPHIE NIBA Plaintiff Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL MOTION TO MAKE RULE ABSOLUTE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on May 12, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about May 14, 2014 directing the Defendant to show cause by June 3, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on May 22, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 3, 2014. 816250 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: c• /L/4 V By: Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 816250 Exhibit "A" 816250 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 v. SOPHIE NIBA Plaintiff Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL RULE AND NOW, this /4,41\- day of 1 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT r 816250 Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 816250 816250 Exhibit "B" 816250 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff VS. SOPHIE NIBA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 DATE: ... —422// By: Phelan 11d :an. LLP obeski, Esq., Id. No.200392 for Plaintiff 816250 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff vs. SOPHIE NIBA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-3936 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 DATE: By: Phelan Hallinan, LLP Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 816250 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., Civil Division MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 CUMBERLAND County Plaintiff No.: 13-3936 CIVIL 2 G I _ vs. -g--^i m ` ..,1 SOPHIE NIBA cnA, to t Defendant n , DC _ f 2 W:k ORDER ro AND NOW, this 1' ' day of 90•••—• , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is herebyORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through April 28, 2014 Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow Deficit Suspense/Misc. Credits $135,998.29 $10,396.85 $2,500.00 $304.29 $165.25 $392.00 $7,163.33 ($28.79) TOTAL $156,891.22 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Cop 1 'es fib,t 04.1 Llt %Ale_ itELa. 1.19//y 816250 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 1E PIVOT HONO TA ;• CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- THROUGH CERTIFICATES, AND SERIES 2007- EMX1 v. SOPHIE NIBA Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-3936 CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendant, SOPHIE NIBA, by certified mail and regular mail to SOPHIE NIBA at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 and posting 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for September 3, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, SOPHIE NIBA, with the Notice of Sale at the mortgaged premises, 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011- 1137, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". There was no answer at the mortgage premises. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of May 29, 2014, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on June 5, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs June 5, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, SOPHIE NIBA, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to SOPHIE NIBA at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 and posting 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 and by publication. Phelan Hallinan, LLP DATE: By: Jo than Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- THROUGH CERTIFICATES, AND SERIES 2007- EMX1 v. SOPHIE NIBA Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-3936 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa:R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to theaddresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, SOPHIE NIBA, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to SOPHIE NIBA at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 and posting 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 and by publication pursuant to PA.R.C.P. 3129.2. DATE: Q 41(( Phelan Hallinan, LLP By: Jon f lan Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- THROUGH CERTIFICATES, AND SERIES 2007- EMX1 v. SOPHIE NIBA Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-3936 CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 DATE: /11 I 1 Phelan Hallinan, LLP By: J athan Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff EXHIBIT "A" 816250 AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., PH 41816250 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- SA4 CUMBERLAND COUNTY DEFENDANT SOPHIE NIBA SERVE SOPHIE NIRA AT: 9 EAST GLENWOOD DRIVE CAMP HILL, PA 170114137 SERVICE TEAM/ lxh COURT NO.: 13-3936 CIVIL • TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to SOPHIE MBA, Defendant on the day of , 20 _, at , o'clock _. M., at , 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: Description: Age Height Weight Race. Sex. Other I, , 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:. NAME: PRINTED NAME: TITLE: On the 5 i da of R t i.- 2014, at state that Defendant NOT FOUND because: _ Vacant _ Does Not Exist No Answer on 243-1114 at 'XI DO DM Service Refused NOT SERVED 3o o'clock �. M., I, . .Qtlaltl MOlt , a competent adult hereby Moved _ Does Not Reside (Not Vacant) ; 3/.2 j i4C I' 3S' *AN) 3)/0114@ g.:05 $nt 3.04114 ( 4.4O P4 Other: I trnderst: falsification BY: t this atatmytent is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn thoritic,s. PRINTED NAME: Ronald. Moll ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 2t It Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 4sotp,et Crr ORME OF THE SHIRO U.S. Bank National Assocation vs.Case Number Sophie E Niba 2013-3936 SHERIFF'S RETURN OF SERVICE 03/28/2014 08:03 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 9 East Glenwood Drive, East Pennsboro - Township, Camp Hill, PA 17011, Cumberland County. 05/05/2014 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: Sophie E. Niba , but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 9 E. Glenwood Drive, Camp Hill, PA 17011, defendant no longer resides at address stated, did not leave a forwarding at post office. cab. SHERIFF COST: $1,238.52 SO ANSWERS, May 05, 2014 (C) CountySu a Sheriff, TeleosOR, In RONNY R ANDERSON, SHERIFF EXHIBIT "B" 816250 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 816250 Attorney Firm: Phelan Hallinan, LLP Subject: Sophie Niba Property Address: 9 East Glenwood Drive, Camp Hill, PA 17011 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Sophie Niba - xxx-xx-4682 B. EMPLOYMENT SEARCH Sophie Niba - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Sophie Niba reside(s) at: 9 East Glenwood Drive, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Sophie Niba. B. On 03-19-14 our office made a telephone call to a possible phone number of the subject(s) (717) 889-1615 and received the following information: disconnected. On 03-19-14 our office made a telephone call to a possible phone number of the subject(s) (717) 691-3700 and received the following information: wrong number. On 03-19-14 our office made a telephone call to a possible phone number of the subject(s) (717) 732-6512 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 03-19-14 our office made several phone calls in an attempt to contact Tiem Wohe (717) 732-4682,10 East Glenwood Drive, Camp Hill, PA 17011: answering machine. On 03-19-14 our office made a phone call in an attempt to contact Christopher J. Smith (717) 732-1196, 7 East Glenwood Drive, Camp Hill, PA 17011: spoke with an unidentifine female who could not confirm that the subject reside(s) at 9 East Glenwood Drive, Camp Hill, PA 17011. On 03-19-14 our office made several phone calls in an attempt to contact Elizabeth A. Roach (717) 732-1820, 8 East Glenwood Drive, Camp Hill, PA 17011: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-19-14 we reviewed the National Address database and found the following information: Sophie Niba - 9 East Glenwood Drive, Camp Hill, PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 03-19-14 Vital Records and all public databases have no death record on file for Sophie Niba. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Sophie Niba - not available B. A.K.A. Sophie Ebenye Niba; Sophie N. Niba * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. I aboveinformation is obtained from available public records and we are only liable for the cost of the affidavit, EXHIBIT "C" SUSAN P. Moran, Legal Service Department June 5, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 Representing Lenders in Pennsylvania SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 v. SOPHIE NIBA Premises Address: 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 CUMBERLAND County, No. 13-3936 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by June 12, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP 816250 Name and Address Of Sender Line 1 6elan HiLLP 1617 JFK Boulevard, Suite 1400 One PennCenter Plaza SPL Philadelphia, PA 19103 ber Name of Addressee, Street, and Post Office Address Article Num Sophie Niba 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 2 RE: SOPHIE NIBA (CUMBERLAND) TEAM 4 PH # 816250/1021 Page 1 of 1 Postage 50.48 $0.48 50.96 Total Number of Pieoes Listed by Seoda The full de larstioo rival= is required on A domestic and inta�iooal registered mail. TLe maximum indemnity pay able Taal Office ( for the re onstnstaon of oonnegooable doh under Exptcss Mail document reconstruction insurance is $50.000 per Received d at Post bst st OfficeReceiving wp ? p subject to a limit of $500,000 per occ rence. The maximum indemnity payable as Express Mail maw is S500. The maximum indemnity pale is S25,000 for registered marl, sem with optional insurance. See Domestic Mall Manuel R900 5913 sad S921 fa limitations of coverage. Form 3877 Facsimile 816251 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUSAN P. Moran, Legal Assistant Representing Lenders in Sales Department Pennsylvania May 29, 2014 Office of the Prothonotary CUMBERLAND County Courthouse Dear Sir or Madam: Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court and proposed Order. Also, find attached a proposed Order granting alternative service. Please return this signed order in the attached stamped self-addressed envelope. Should you have any questions, please do not hesitate to contact me. Please fax to my attention, a signed copy of the order at 215-568-7616, or send the original in the attached self-addressed envelope. Very truly yours, SUSAN P. Moran, Legal Assistant Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET CIVIL DIVISION SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- NO. 13-3936 CIVIL THROUGH CERTIFICATES, AND SERIES 2007- EMX1 Plaintiff r-irq �— v. SOPHIE NIBA Defendant > ORDER r=' AND NOW, this /4. day of.> ✓�-- , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant SOPHIE NIBA by: REGULAR MAIL TO SOPHIE NIBA at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO SOPHIE NIBA at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 Service by mail is complete upon the date of mailing POSTING 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). PH # 816250 —C PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, �A 19,103 Copy �� Ca 7 / y PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 • INC"'vf f 2014 JUL 31 41111 G f CU SER,LAND COUNTY YL'AllA y U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, : SERIES 2006-SA4 vs. SOPHIE NIBA Plaintiff Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-3936 CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to SOPHIE NIBA on 6/26/2014 in accordance with the Order of Court dated 6/17/2014. The property was posted on 6/29/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: 7 /?0 k Phelan Hallinan, LLP By: Jonath'Lobb, Esq., Id. No.312174 Attorney for Plaintiff vtvuv1UN I'LbAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- THROUGH CERTIFICATES, AND SERIES 2007- EMX1 Plaintiff v. SOPHIE NIBA Defendant ORDER AND NOW, this /141%—.day of Jt,...kJq , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant SOPHIE NIBA by: CIVIL DIVISION REGULAR MAIL TO SOPHIE NIBA at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO SOPHIE NIBA at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 Service by mail is complete upon the date of mailing POSTING 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). PH # 816250 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 BY THE COURT: / / /r/ t r! -'mo i AL.4 J. Name sod PHELAN IIALLINAN, LLP. Address Empagme PaeCrater atSaboelms,5alk 140S of Sender 61.9111611adelpbta,PA19103 Lino Air Moe of Addressee, Soca, and Post oe Address Postage !t aR x x �, a moi' tie; I \SOPHIE NIBA 9 EAST GLENWOOD DRIVE 'CAMP HILL, PA 17011-1137+ 2 3 ••••". 4 •••• ,tif.ti , f.Y 6 •••• 7 •••• g •••• 9 •••• 10 •••• 11 •••• 12 13 14 15 \RE: TONYA ROBINSON FH: 9167.50 Cnnbaltnd Tont Number of Pieces Listed by Sender Taal Number of Pieces Received N Post Olfioc Pommies, Pa (Name of Rewiring Employee) DWB-CERTIFICATE OF MAIUNGNOS CODE -1020 AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES 1, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006- SA4 DEFENDANT SOPHIE NIRA SERVE SOPHIE NIBA AT: 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 PLEASE POST THE PROPERTY"', CUMBERLAND COUNTY PH # 816250 SERVICE TEAM/ spl COURT NO.: 13-3936 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09/03/2014 SERVED Served and made known to SOPHIE NIBA, Defendant on the 2911'day of To N C , 20 j , at A:30 , o'clock . M., at 9 EAST GLENWOOD DRIVE, CAMP HILL, PA 17011-1137 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. XX Other: POSTED THE -PROPERTY Description: Age Height Weight Race Sex Other I, Ronald Moll , a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's 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 'sttlten 00t made subject to the enallibs of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. NAME: Ronald Moll PRINTED NAME: TITLE: Process Server. On the dayof 20 , at state that Detendnt NOT FOUND because: Vacant _= No Answer on at. Service Refused Other: I understand that this statement is falsification to authorities. Does Not Exist BY: NOT SERVED o'clock _, M„ I, .. , a competent adult hereby Moved _ Does Not Reside (Not Vacant) at. made subject to PRINTED NAME:; the penalties of ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id, No. 32227 Francis S. Hallinan, Esq„ Id. No. 62695 Daniel G. Schrnieg, Esq., Id. No. 62205 Michele M. Bradfo d, 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 Chrisovatante P. Ftiakos, Esq., Id, No, 94620 Courtenay R. Dunn, Esq., Id. No: 206779 Mario J. Hanyon, Esq., Id. No. 203993 Matthew G. Brushwood, Esq., Id. No. 310592 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis, Esq., Id,.No, 203034 18 Pa. C.S. 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All Rights Reserved https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000077834 7/11/2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Gf: THE ipRoii-ion,:)-TARY ZOIri SEP -4 AM 10: 6 CUMBERLAND COUNTY PENNSYLVANIA Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff v. SOPHIE NIBA Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-3936 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-EMX1. Date: dil3i/5/ PHELAN HALL AN, LP PH # 816250 By: Jona h obb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GE THE PROTHONOTARY 20114 SEP -4 AM10: 16 CUMBERLAND COUNTY PENNSYLVANIA Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff v. SOPHIE NIBA Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-3936 CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-EMXI as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-EMX1 is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded 1/17/2013 in Mortgage Instrument No.201301859 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. PH # 816250 By: Jonath obb, Esq., Id. No.312174 Attorney for Plaintiff 9-oe/ 17`? e7r/vs-v5/47 PA- (3 os -70 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff v. SOPHIE NIBA Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-3936 CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-EMX1, located CIO GMAC MORTGAGE LLC, 1100 VIRGINIA DRIVE, FORT WASHINGTON, PA 19034 Date: PH # 816250 et/3 PHELAN HALLINAN, LLP By: Jona ha obb, 5sq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ,EE .1; HE FROTH:LINO' 21LISEP AM 0: IS CUMBERLAND COUNTY PENNSYLVANIA Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SERCURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-SA4 Plaintiff v. SOPHIE NIBA Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-3936 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-EMX1, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: SOPHIE NIBA 9 EAST GLENWOOD DRIVE CAMP HILL, PA 17011-1137 Date: I/3/1y PHELAN HALLINAN, LLP By: Jon Lobb, Esq., Id. No.312174 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUt.NTY tC 21,714 DEC 3! P11 2:39 CUMBERLAND COUNTY PENNSYLVANIA a ll�q%1,17A OFFICE OF THE SHERIFF U.S. Bank National Assocation vs. Sophie E Niba Case Number 2013-3936 SHERIFF'S RETURN OF SERVICE 03/28/2014 08:03 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 9 East Glenwood Drive, East Pennsboro - Township, Camp Hill, PA 17011, Cumberland County. 05/05/2014 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: Sophie E. Niba , but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 9 E. Glenwood Drive, Camp Hill, PA 17011, defendant no longer resides at address stated, did not leave a forwarding at post office. cab. 05/16/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 09/03/2014 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, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of U.S. Bank National Association, As Trustee for Residential Asset Securities Corporation Home Equity Mortgage Asset -Backed Pass -Through Certificates, Series 2007-EMX1, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $930.72 SO ANSWERS, November 17, 2014 (c) CountySuae Sheriff, Teleosolt, Inc. RONR-R ANDERSON, SHERIFF 11'O0pi, fd ea4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 13-3936 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION HOME EQUITY MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, AND SERIES 2007- EMX1 Plaintiff (s) From SOPHIE NIBA (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: $142,009.25 Interest from 2/13/14 to Date of Sale Atty's Comm: Atty Paid: $193.70 Plaintiff Paid: Date: 2/12/14 (Seal) L.L.: $.50 -- ($23.34 PER DIEM) - $2,614.08 Due Prothy: $2.25 Other Costs: REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 David D. Bue 1, Prothonota Deputy TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Co rt at -Carlisle,. Fa. This �� day of Leh 2) Prothonotary Q LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-3936 Civil Term U.S. Bank National Assocation vs. . Sophie E. Niba Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-3936 CIVIL, U.S. BANK NA- TIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENfIALIASSET SECURI- •TIES CORPORATION, HOME EQUITY MORTGAGE ASSET-BACKED PASS- THROUGH CERTIFICATES, AND SERIES 2007-EMX1.v.. SOPHIE NIRA owner(s) of property situate in the TOWNSHIP 'OF' EAST PENNSBORO, CUMBERLAND County, Pennsyl- vania, being 9 EAST GLENWOOD DRIVE, CAMP HILL; PA 17011'-1137. Parcel No: 09-16-1050-229. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $142,009.25. 85 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: April 18, April 25 and May 2, 2014 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. Lisa Marie Coyne, )~]ditor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 / Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Cornmisslon Expires Apr 28, 2018 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 be atriotNews 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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. 2013-3936 Civil Term U.S. Bank National Association Vs Sophie E Niba Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-3936 CIVIL U.S. BANK ' NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HO "E EQUITY MORTGAGE ASS -BACKED PASS-THROUGH CER FICATES, AND SERIES 2007- MX1 v. SOPHIE NIBA owner(s) of property situate in the TOWNSHIP OF EAST l'ENNSBORO, CUMBERLAND 2.ounty, Pennsylvania, being I EAST GLENWOOD DRIVE: :AMP HILL, PA 17011-1137 'arcel No. 09-16-1050-229 Acreage or street address) nprovements thereon: ESIDENTIAL DWELLING idgment Amount: $142,009.25 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn to and subscribed before me SIO is 02 day of May, 2014 A.D. lic COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Holly Lynn Warfel, N-tary Public Washington Twp., t)auphir Count; My Commission Expires Dec. 12, [01€ •"OMRER, PENNSYLVANIA ASSOCIATION OP COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Residential Asset Sec Corp Home Equity Mtg, Tr is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 12th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3936, at the suit of Residential Asset Sec Corp Home Equity Mtg, Tr against Sophie Niba is duly recorded as Instrument Number 201430360. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3l ,A.D. a©fr • ecorde ' eeds, Cumberland County, Carlisle, PA My Corn ission Expires the First Monday of Jan. 2018 day of Recorder of Deeds J