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Home My WebLink About06-5285PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 140120 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. vCC? CUMBERLAND COUNTY CURTIS R. WATERS 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File 4 ' 140120 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #? 140120 Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 The name(s) and last known address(es) of the Defendant(s) are: CURTIS R. WATERS 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/1 1/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1897, Page: 1985. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 140120 The following amounts are due on the mortgage: Principal Balance $76,833.09 Interest 1,968.00 04/01/2006 through 09/07/2006 (Per Diem $12.30) Attorney's Fees 1,250.00 Cumulative Late Charges 92.28 02/11/2005 to 09/07/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 80,693.37 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 80,693.37 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rein Judgment against the Defendant(s) in the sum of $ 80.693.37, together with interest from 09/07/2006 at the rate of $12.30 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHE N HALLINANN&& SCHM EG LAP ?By: /s% nc?s S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4 _ 140120 LEGAL DESCRIPTION ALL that certain lot or parcel of land, with a frame dwelling house thereon erected, situated on the West side of South Washington Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, known as 24 South Washington Street, more particularly bounded and described as follows: ON the North by lot of land now or formerly of Oren S. Creamer and wife; on the East by South Washington Street. on the South by lot of land now or formerly of Lee Reed; on the West by lot of land now or formerly of Dessie M. Clay, having a frontage on said South Washington Street of 32 feet and a depth of 160 feet. BEING the same real estate that Syvilla A. Barnett and Edward L. Sheaffer, by their deed dated and intended to be recorded prior to the recording of this deed in and for Cumberland County, Pennsylvania, conveyed to Curtis Waters, Grantor and Mortgagor herein. PROPERTY BEING: 24 SOUTH WASHINGTON STREET, SHIPPENSBURG, PA 17257. File #'. 140120 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. '-? 1'?g -, FRANCIS S. HALLMAN, ESQUIRE Attorney for Plaintiff DATE: - 9. ? -11 0 (-a ? ? ??' -?? ?.. ?i + ?? ?? `- ?_ '.' -_ 3 ? .-? t i_) r, ?? --< COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, CIVIL DIVISION Plaintiff Case No.: 06-5285 Civil Term vs. CURTIS R. WATERS, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $1,720.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick, Jr. squire P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 i VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. Yourick, Jr., Esquire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 28th day of September, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. 4YouN4, e Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 _.. -r, PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 SOVEREIGN BANK VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION CURTIS R. WATERS : NO.. 06-5285 ((L'ULQrn.q--1+ TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against CURTIS R. WATERS , Defendant(s) in accordance with the "P 14's r dated 10/19/06. Assess Plaintiff's damages against CURTIS R. WATERS as follows: a- +?r As set forth in the Order Interest - TOTAL $80,693.37 $516.60 $81,209.97 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 0 0 T d P ~ PRATYO 75- `r a c d PHELAN HALLINAN & SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Identification No. 81760 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 Sovereign Bank Plaintiff vs. Curtis R. Waters Defendant Court of Common Pleas Civil Division County of Cumberland No. 06-5285-Civil Term CONSENT.TUDGME.NT AND NOW, This day of lSt?4? , 2006 it is hereby agreed by and between, Sovereign Bank (hereinafter "Plaintiff'), by and through its counsel, Sheetal R. Shah- Jani, Esquire and Curtis R. Waters (hereinafter "Defendant") by and through his counsel, Frank E. Yourick, Jr. , Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 24 South Washington Street, Shippensburg, PA 17257 (hereinafter the "Property"); WHEREAS, Defendant are the mortgagor and owner of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due May 1, 2006 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: An in rem judgment is entered in favor of Plaintiff and against the Defendant in the sum of $80,693.37 plus interest from September 7, 2006 at the rate of $12.30 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. Although Plaintiff shall file the Consent Judgment and may list the property for Sheriff's sale, Plaintiff agrees that the earliest date that this Property may be sold at Sheriff's sale is February 12, 2007. 3. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 4. Defendant will peacefully vacate the Property by the date of the Sheriffs Sale. 5. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. 6. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. This Consent Judgment may be executed in counterpart. Date: 1011110(,o Sheetal R. Shah-Jani, Esq it Attorney for Plaintiff Date: fl J b Fr E. Youri , , Jr., Esqui e Attorney for Defendant PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK 601 PENN STREET Plaintiff, V. CURTIS R. WATERS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5285 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CURTIS R. WATERS is over 18 years of age and resides at, 24 SOUTH WASHINGTON STREET, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? 1i (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK 601 PENN STREET Plaintiff, V. CURTIS R. WATERS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5285 Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on By: If you have any questions concerning this matter, please con%ct: SCVII\IIEG, ESQUIRE ONE'PLNN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SOVEREIGN BANK Plaintiff, V. . No. 06-5285 CURTIS R. WATERS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest - 9/7/06 to 10/19/06 Interest from 10/19/06 to 3/7/07 (per diem -$13.35) TOTAL Add'1 fees $80,693.37 $1,855.65 and Costs $83,065.62 $ 23 9.50 D EL G. I G, QUIRE One Penn rat Su urb Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at,the direction of the plaintiff. It may not be sold in the absence of a representative of $516.60 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. o? a?zz OW ?a OH w4 ov ?Azz OQ V xW H? U Z O r z 0 v C) U w V a? V 0?+ •'?'?'7 ? y v V ?/? ? V ti r lA' r Y V V y /^L 1 I Ln ?n V) V P-4 c- in N r ..a d a ca w a w CA i 7 ? R ? a? y '5 d V ? •I t s: "? DESCRIPTION ALL the following described real estate lying and being situate on the West side of South Washington Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the North by lot of land now or formerly of Oren S. Creamer and wife; on the East by South Washington Street; on the South by lot of land now or formerly of Lee Reed; on the West by lot of land now or formerly of Dessie M. Clay; having a frontage on said South Washington Street of 32 feet and a depth of 160 feet. BEING numbered and known as 24 South Washington Street in said Borough. THE above-described real estate is the same which Mabel D. Watt and Jimmie W. Watt, her husband, by deed dated June 28, 1984, recorded in Cumberland County, Pa., Deed Book T, Volume 30, Page 635, conveyed to Syvilla A. Barnett and Edward L. Sheaffer, the Grantor herein. PARCEL IDENTIFICATION NO: 33-34-2415-219 Premises: 24 South Washington Street, Shippensburg, PA 17257 Shippensburg Borough Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Curtis R. Waters, by Deed from Syvilla A. Barnett, single and Edward L. Sheaffer, single, dated 02/11/2005, recorded 02/16/2005, in Deed Book 267, page 2854. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From CURTIS R. WATERS (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 $80,693.37 L.L. $.50 Interest 9/07/06 TO 10/19/06 - $516.60 -- INTEREST FROM 10/19/06 TO 3/7/07 (PER DIEM - $13.35) - $1,855.65 AND COSTS Atty's Comm % Atty Paid $145.20 Plaintiff Paid Date: NOVEMBER 6, 2006 (Seal) Due Prothy $1.00 Other Costs ADD'L FEES - $2339.50 Cu - is R. Long, P notary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff, V. CURTIS R. WATERS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5285 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. NIE. HMIL?, ESQUIRE Attorney for laintiff j ?? v _ - ? c..:.? ?-' C ? '"1"1 .,! _ ..-.? .. ^?'i ,? C ? y _.. ?,..t - ?. "' C J ,'.? .-- v { SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, . V. COURT OF COMMON PLEAS CURTIS R. WATERS CIVIL DIVISION Defendant(s). NO. 06-5285 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,24 SOUTH WASHINGTON STREET , SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name CURTIS R. WATERS Last Known Address (if address cannot be reasonably ascertained, please indicate) 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ?M 4. Name and address of last recorded ho: Name MERS AS NOMINEE FOR GMAC MORTGAGE CORPORATION DBA DITECH.COM der of every mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2026 FLINT, MI 48501 GMAC MORTGAGE CORPORATION 3200 PARK CENTER DRIVE DBA DITECH.COM COSTA MESA, CA 92626 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. Last Known Address (if address cannot be reasonably ascertained, please indicate) 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O. BOX 644 MURRYSVILLE PA 15668 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. Sec. 4904 relating to unsworn falsifi ion o authorities. November 2, 2006 DATE for , ESQUIRE `." ?, -: = ;' ?.; ..-? .? ?.:. ? -? ?Y _ _ {t? ?F? ? ;- ?, .- ?.. __ ? - .J { _a ?is ??^ SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, V. CURTIS R. WATERS Defendant(s). No. 06-5285 October 27, 2006 TO: CURTIS R. WATERS 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, 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, 24 SOUTH WASHINGTON STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $81,209.97 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL the following described real estate lying and being situate on the West side of South Washington Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the North by lot of land now or formerly of Oren S. Creamer and wife; on the East by South Washington Street; on the South by lot of land now or formerly of Lee Reed; on the West by lot of land now or formerly of Dessie M. Clay; having a frontage on said South Washington Street of 32 feet and a depth of 160 feet. BEING numbered and known as 24 South Washington Street in said Borough. THE above-described real estate is the same which Mabel D. Watt and Jimmie W. Watt, her husband, by deed dated June 28, 1984, recorded in Cumberland County, Pa., Deed Book T, Volume 30, Page 635, conveyed to Syvilla A. Barnett and Edward L. Sheaffer, the Grantor herein. PARCEL IDENTIFICATION NO: 33-34-2415-219 Premises: 24 South Washington Street, Shippensburg, PA 17257 Shippensburg Borough Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Curtis R. Waters, by Deed from Syvilla A. Barnett, single and Edward L. Sheaffer, single, dated 02/11/2005, recorded 02/16/2005, in Deed Book 267, page 2854. C G 1 >s ' SHERIFF'S RETURN - REGULAR CASE NO: 2006-05285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS WATERS CURTIS R SGT DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WATERS CURTIS R the DEFENDANT at 0940:00 HOURS, on the 25th day of September, 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CURTIS WATERS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 35.20 r? ..P Affidavit .00 Surcharge 10.00 R. Thomas Kline nn 63.20 ? 09/25/2006 O PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: z?r1 2z before me this day Deputy S ri of A. D. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank Court of Common Pleas Plaintiff : Civil Division vs. Curtis R. Waters Defendant : Cumberland County : No. 06-5285 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, 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 September 11, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on October 28, 2006 in the amount of $81,209.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 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 March 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 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 $76,833.09 Interest Through 3/07/07 4,187.76 Per Diem $12.21 Late Charges 230.70 Legal fees 2,025.00 Cost of Suit and Title 1,107.00 Sheriffs Sale Costs 0.00 Property Inspections 47.25 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 358.99 TOTAL $84,789.79 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Th IaryljIal an & S ? ieg, LLP E a Date: ? Byef ' ichele M. Bradfor , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank Plaintiff vs. Curtis R. Waters Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 06-5285 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant 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 24 South Washington Street, Shippensburg, PA 17257. The Mortgage indicates that in the event 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. Because of the 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. H. 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. vs. 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 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors 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. 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. IV. 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. V. ATTORNEY'S 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). Recently, 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). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. 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. Jh IJ41linan & Sc g, LLP DATE: By?i Michele Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. FIALL,INAN, ESQ., Id. No. 52595 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 140120 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. CURTIS R. WATERS 24 SOUTH WASHINGTON STREET SI-IIPPENSBURG, PA 17257 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01, S".24?S CUMBERLAND COUNTY 6" i ? -L C7 In CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 clairn 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 4 •6 p' tf J Fiic #- 140120 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ.; Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 140120 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. CURTIS R. WATERS 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 T141S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICL SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 1-111UNG 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 op ?Af'VJ t? ? r ` ?. t l ii. t? File 4: 140120 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQr-IRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Pile N: 140120 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: CURTIS R. WATERS 24 SOUTH WASHINGTON STREET SMPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/11/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1897, Page: 1985. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File P: 140120 6. The following amounts are due on the mortgage: Principal Balance $76,833.09 Interest 1,968.00 04/01/2006 through 09/07/2006 (Per Diem $12.30) Attorney's Fees 1,250.00 Cumulative Late Charges 92.28 02/11/2005 to 09/0712006 Cost of Suit and Title Search 550.00 Subtotal $ 80.693.37 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 80,693.37 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHFi2EFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sUn» of $ 80.693.37, together with interest from 09/47/2006 at the rate of $12.30 per diern to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of' the mortgaged property. By: nan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHE N HALLINAN & SCH EG LP /S i1CLS s. 11i ritc #: 140120 LEGAL DESCRIPTION ALL that certain lot or parcel of land, with a frame dwelling house thereon erected, situated on the West side of South Washington Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, known as 24 South Washington Street, more particularly bounded and described as follows: ON the North by lot of land now or formerly of Oren S. Creamer and wife; on the East by South Washington Street; on the South by lot of land now or formerly of Lee Reed; on the West by lot of land now or formerly of Dessie M. Clay; having a frontage on said South Washington Street of 32 feet and a depth of 160 feet. BEING the same real estate that Syvilla A. Barnett and Edward L. Sheaffer, by their deed dated and intended to be recorded prior to the recording of this deed in and for Cumberland County, Pennsylvania, conveyed to Curtis Waters, Grantor and Mortgagor herein. PROPERTY BEING: 24 SOUTH WASI-ffNGTON STREET, SHIPPENSBURG, PA 17257. Filc Y,. 140120 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 SOVEREIGN BANK VS. CURTIS R. WATERS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-5285 PRAECIPE FOR ENTRY OF JUDGEMENT PURSUANT TO COURT ORDER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against CURTIS R. WATERS , Defendant(s) in accordance with the Court's Order dated 10/19/06. Assess Plaintiffs damages against CURTIS R. WATERS as follows: As set forth in the Order Interest- TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: $80,693.37 $516.60 $81,209.97 PRO PROTHY VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. a al 'nan & c ieg, LLP DATE: d? By: qichele'M. Bradfo squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank Plaintiff vs. Curtis R. Waters Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-5285 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. Curtis R. Waters 24 South Washington Street Shippensburg, PA 17257 Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Curtis R. Waters P.O. Box 631 Shippensburg, PA 17257 DATE: 'j Hallman & S9 im' g, LLP ` By' ele M. Bradford, Esquire Attorney for Plaintiff 1 - °' .A a„wJ SOVEREIGN BANK, PLAINTIFF V. CURTIS R. WATERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5285 CIVIL ORDER OF COURT AND NOW, this 17'h day of January, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 6, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., f?ele M. Bradford, Esquire Counsel for Plaintiff ,,Kurtis R. Water Defendant bas J. FO :C lid 61 Nvr tooz 31141 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford. Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank Court of Common Pleas Plaintiff : Civil Division VS. Curtis R. Waters Defendant Cumberland County No. 06-5285 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 17, 2007 Rule directing the defendant to show by February 6, 2007 was sent to the following individuals on the date indicated below. Curtis R. Waters 24 South Washington Street Shippensburg, PA 17257 Curtis R. Waters P.O. Box 631 Shippensburg, PA 17257 DATE: Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Sch e LLP By: Mic ele M. Bradford, Attorney for Plaintiff =tl _ SALE DATE: MARCH 7.2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK VS. CURTIS R. WATERS No.: 06-5285 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 24 SOUTH WASHINGTON STREET, SHIPPENSBURG. PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. February 1, 2007 DANIEL SCHMIEG, ESQ RE Attorney for Plaintiff A o. ? m y^ D ? ? c 3 Q e? H ? I . ff>0 CA ca ?i X0 Y tiAo ? nA o?O a Y O y t9i' r ro O ?- p () cxo O b .b Y ?y y ? , t=1 by y Z Z .T. 0::1 $ rn (^ 0? y ..? o z S> z Y` H ?d ?' by t„ y _ p b. W W cr n O ,0 ? 00 ? q ca $ n , cp r z o < dom. C C 9 m " 4:L Co. O b E. 4 ;s MlS Phil G ?4 e ? s o c ? - b 02 1M 0V 10 2008 0004218010 19103- MMMO FROM Z1pGQDE PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 SOVEREIGN BANK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. CURTIS R. WATERS 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY NO. 06-5285-CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF TO THE PROTHONOTARY: Please mark judgment in the above-captioned matter to the use of: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 2026 FLINT, MI 48501-2026 DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF DATED: Thursday February 01 2007 (z, -40, Phelan Hallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NO. 06-5285-CIVIL TERM CURTIS R. WATERS SALE DATE: MARCH 7, 2007 Defendant(s). . AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR., Attorney of Record for Defendant(s), CURTIS R. WATERS at P.O. BOX 644, MURRYSVILLE, PA 15668 on NOVEMBER 10, 2006. 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. PHELAN LLINAN & SCHMIEG By: i?rvj D NIEL G. SCHM , ESQUIRE 1 - vio ,%"Tox?ooll --3000 XT cjoo* V U d A C c V CIA .o 01 gvt 0 " d rn a ik a w oy ?cxa V eo+! w a . lit, N g tie-, w C? s a .o 8 P4 a A$ o S 's ai d p ? c r x' ? w t 0-4 r,_ t f' j c.,". ? t'"7 c..: ' i i "'t"i ,. , i-•? t TM'ti r-1 _. -. =? j try -_ ?;', PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Sovereign Bank : Court of Common Pleas Plaintiff : Civil Division VS. Curtis R. Waters Defendant : Cumberland County : No. 06-5285 Sovereign Bank by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 8, 2007. 3. A Rule was entered by the Court on or about January 17, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A" 4. The Rule to Show Cause was timely served upon all parties on January 25, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 6, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Date PHELAN HALLINAN & SCHMIEG, LLP M the a M. Bradfo , squire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Sovereign Bank vs. Curtis R. Waters Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 06-5285 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 8, 2007. A Rule was entered by the Court on or about January 17, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 25, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 6, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP cS [-I) lC? Date ichel . Bra ,Esquire Attorney for the Plaintiff Exhibit "A" BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB PLAINTIFF V. LUCINDA S. AARONSON, MARK ALAN AARONSON, ROGER W. HOOVER DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3526 CIVIL ORDER OF COURT AND NOW, this 17'hday of January, 2007, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 6, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, llt? -? ? M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants bas Exhibit "B" n o O ?! I F N) 71 OD PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank Court of Common Pleas Plain ?'? Civil Division VS. Cumberland County Curtis R. Waters Defendant : No. 06-5285 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy,"e January 17, 2007 Rule directing the a1.) defendant to show by February 6, 2007 was sea following individuals on the date indicated below. '€ ka t?' Curtis R. Waters 24 South Washington Street Shippensburg, PA 17257 Curds R. Waters P.O. Box 631 Shippensburg, PA 17257 DATE: Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Sc a LLP By Mic le M. Bradfo Attorney for Plaintiff Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. b- Date §4904 relating to the unsworn falsification of authorities. the a M. radfo , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Sovereign Bank : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Curtis R. Waters No. 06-5285 Defendant CERTIFICATE OF SERVICE. I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Curtis R. Waters 24 South Washington Street Shippensburg, PA 17257 Curtis R. Waters P.O. Box 631 Shippensburg, PA 17257 Date: O Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Michele M. Bradf , Esquire Attorney for Plaintiff cO SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CURTIS R. WATERS, DEFENDANT : NO. 06-5285 CIVIL ORDER OF COURT AND NOW, this 17th day of January, 2007, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 6, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. EBER`r, JR. JUDCJ= ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 ,D? I'll 5? € T ? b C;k Curtis R. Waters P. O. Box 631 Shippensbum PA 17957 3 ? I F Z ? t 7 wtNrv 6OV 02 1A $ VO•: ' 0004831 598 JAN 22 MAILED FROM ZIP CODE 171 RETURN WATERS BOX UNABLE RETURN yO .1. •2015 C 2S - Ol/23)1 TO SENDER CLOSED TO FORWARD TO SENDER a'?'.cS.-??at.?ca-?'t?o1?2? 1„rl'II,,,III„?,?,II„II,,,II,?,II,„I,i„II,I,I,,I,I„1,1„1 Sovereign Bank IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Curtis R. Waters Defendant : 06-5285 CIVIL ORDER OF COURT AND NOW, this 15th day of February, 2007, upon consideration of the Plaintiff's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. Xchele M. Bradford, Esquire Attorney for Plaintiff/Petitioner rtis R. Waters Defendant bas J By the Court, -?4 ?&A - 'y` M. L. Ebert, Jr., J. b'iN VA S JP0d AiNncc) L Z :q 14J 5 1033 LOOZ A lGjNr%j HiC,lwd 3Hi .40 FEB 12 2007 ot IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Curtis R. Waters No. 06-5285 Defendant AND NOW, thisJ2?tday o '2007 the Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $76,833.09 Interest Through 3/07/07 4,187.76 Per Diem $12.21 Late Charges 230.70 Legal fees 2,025.00 Cost of Suit and Title 1,107.00 Sheriffs Sale Costs 0.00 Property Inspections 47.25 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 359.99 TOTAL $84,789.79 Plus interest from 3/07/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 138606 L 2 :'t bid S 1 933 LOOZ Airy. QNGn'-' ,Odd 3HI JO DjKl-rMI Sovereign Bank : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Curtis R. Waters Defendant 06-5285 CIVIL ORDER OF COURT AND NOW, this 15th day of February, 2007, upon consideration of the Plaintiffs Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. By the Court, ,\\k -AV.,j ?AA M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Curtis R. Waters Defendant bas . L. EBERT, JR. JUDGE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 of Curtis R. Waters P. O. Box 631 Shippensburc WATERS 105 per` O4 1GF d E ? ??rNE 02 1A. $ 0 0004631598 FEE MAILED FROM ZIP CO ...x'71 140' 1 '206- $._ 2S '0211-113 RETURN TO SENDER BOX CLOSED UNABLE TO FORWARD RETURN TO SENDER i 2 7 +06 i,,,111„.1{1,,,,,,11„Ili„il,„!I,?,1,1„ll,l,l,,I,l„I,I„ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Zie lgrer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Sovereign Bank FSB is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 6th day of Nov, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5285, at the suit of Sovereign Bank against Curtis R Waters is duly recorded as Instrument Number 200733652. A.D. A Deeds RV. Ckftk PA id1y"Llm IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this x? day of ,I Sovereign Bank VS Curtis R. Waters In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-5285 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 27, 2006 at 1715 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Curtis R. Waters, by making known unto Curtis Waters personally, at 24 South Washington Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2007 at 1828 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Curtis R. Waters located at 24 South Washington St., Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Curtis R. Waters, by regular mail to his last known address of 24 South Washington St., Shippensburg, PA 17257. This letter was mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Sovereign Bank, FSB f/k/a Waypoint Bank. It being the highest bid and best price received for the same, Sovereign Bank, FSB f/k/a Waypoint Bank, of 601 Penn Street, Reading, PA 19601, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1003.40. Sheriffs Costs: Docketing $30.00 Poundage 18.93 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 35.20 Certified Mail 12.38 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 355.00 Patriot News 326.06 Share of Bills 16.83 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1003.40 ? W$? C w $9 9 g.., RAV. Ig7vN So Answers: l jg?+ ? .f R. Thomas Kline, Shenff BY Real Estate rgeant SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS CURTIS R. WATERS CIVIL DIVISION Defendant(s). NO. 06-5285 A It AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCB IIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the. following information concerning the real property located at .24 SOUTH WASHINGTON STREET. SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name CURTIS R. WATERS Last Known Address (if address cannot be reasonably ascertained, please indicate) 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS NOMINEE FOR GMAC P.O. BOX 2026 MORTGAGE CORPORATION DBA FLINT, MI 48501 DITECH.COM GMAC MORTGAGE CORPORATION 3200 PARK CENTER DRIVE DBA DITECH.COM COSTA MESA, CA 92626 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenaut/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O. BOX 644 MURRYSVILLE PA 15668 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. Sec. 4904 relating to unworn falsifi on authorities. November 2. 2006 DATE ANIEL . SC E , ESQUIRE Atto for Pla' f - Defendant(s). CUMBERLAND COUNTY No. 06-5285 October 27, 2006 SOVEREIGN BANK v. Plaintiff, CURTIS R. WATERS TO: CURTIS R. WATERS 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 24 SOUTH WASHINGTON STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on 37107 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $-81J09.97 obtained by SOVEREIGN BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action:. 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 00) days after the distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL the following described real estate lying and being situate on the West side of South Washington Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the North by lot of land now or formerly of Oren S. Creamer and wife; on the East by South Washington Street; on the South by lot of land now or formerly of Lee Reed; on the West by lot of land now or formerly of Dessie M. Clay; having a frontage on said South Washington Street of 32 feet and a depth of 160 feet. BEING numbered and known as 24 South Washington Street in said Borough. THE above-described real estate is the same which Mabel D. Watt and Jimmie W. Watt, her husband, by deed dated June 28, 1984, recorded in Cumberland County, Pa., Deed Book T, Volume 30, Page 635, conveyed to Syvilla A. Barnett and Edward L. Sheaffer, the Grantor herein. PARCEL IDENTIFICATION NO: 33-34-2415-219 Premises: 24 South Washington Street, Shippensburg, PA 17257 Shippensburg Borough Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Curtis R. Waters, by Deed from Syvilla A. Barnett, single and Edward L. Sheaffer, single, dated 02/11/2005, recorded 02/16/2005, in Deed Book 267, page 2854. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5285 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From CURTIS R. WATERS (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 $80,693.37 L.L. $.50 Interest 9/07/06 TO 10/19/06 - $516.60 - INTEREST FROM 10/19/06 TO 3/7/07 (PER DIEM - $13.35) - $1,855.65 AND COSTS Atty's Comm % Atty Paid $145.20 Plaintiff Paid Due Prothy $1.00 Other Costs ADD'L FEES - $2339.50 Date: NOVEMBER 6, 2006 (Seal) REQUESTING PARTY: ??,A"44 Curti. Long, Pro By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 44 On November 09, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland Couy, PA Known and numbered as 24 South Washington Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this:reference incorporated herein. Date: November 09, 2006 By: Real Estate Sergeant L I --b a b - AON 9001 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................ ...... ............................... COPY Sworn to and s e efore me this 26th day of F?VAi?II? D. S A L E #44 OOMMO?F.ALTH OF P Notaftl Seal P ,CA?O Harrisburg, . NOT. I CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 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. SWORN TO AND SUBSCRIBED before me this ----L _day of February, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 BRAL i1" 1111. M Writ No. 2006-5285 Civil Sovereign Bank Vs. Curtis R. Waters Atty.: Daniel Schmieg DESCRIPTION ALL the following described real estate lying and being situate on the West side of South Washington Street. In the Bsrom& of l?Faiaw irhlos cm*. w11614 eerr`e PWt1eU1!' 1 we4re 1 as harm. 00 tine North by lot of bad mw er 6a 1$ of Oral S. Creamer and wife; on the East by South Wash- ington Street; on the South by lot of land now or formerly of Lee Reed; on the West by lot of land now or formerly of Dessie M. Clay; having a frontage on said South Washing- ton Street of 32 feet and a depth of 160 feet. BEING numbered and known as 24 South Washington Street in said Borough. THE above-described real estate is the same which Mabel D. Watt and Jimmie W. Watt, her husband, by deed dated June 28, 1984, re- corded in Cumberland County, Pa., Deed Book T. Volume 30, Page 635, conveyed to Syvllla A. Barnett and Edward L. Sheaffer, the Grantor herein. PARCEL IDENTIFICATION NO: 33-34-2415-219. Premises: 24 South Washington Street, Shippensburg, PA 17257, Shippensburg Borough, Cumber- land County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Curtis R. Waters, by Deed from Syvilla A. Barnett, single and Edward L. Sheaffer, single, dated 02/ 11 /2005, recorded 02/ 16/2005, in Deed Book 267, page 2854.