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HomeMy WebLinkAbout08-3508PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 179413 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 35o8 civil I ern CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 179413 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 #: 179413 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 File #: 179413 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 #: 179413 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/08/2005 JAMES M. & LYNNE MCNALLY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1935, Page 2914. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2008 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 #: 179413 6. The following amounts are due on the mortgage: Principal Balance $257,513.43 Interest $8,026.04 12/01/2007 through 06/05/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $395.55 12/08/2005 to 06/05/2008 Cost of Suit and Title Search $550.00 Subtotal $267,735.02 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $267,735.02 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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 #: 179413 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. Plaintiff hereby releases LYNNE MCNALLY from liability for the debt secured by the mortgage. File #: 179413 12. By virtue of the death of LYNNE MCNALLY on 04/15/08, Defendant JAMES M. MCNALLY, became the sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $267,735.02, together with interest from 06/05/2008 at the rate of $42.92 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. PHELAN HALLINAN & SCHMIEG, LLP By: L RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179413 LEGAL DESCRIPTION ALL that certain tract of land in North Middleton Township, Cumberland County, Pennsylvania, being Lot 3 of the Subdivision Plan of Martin J. Harniah recorded in Plan Book 53, Page 980 bounded and described as follows: BEGINNING at an iron pin at corner of Lots 3 and 4 and land of Robert Vaughn, thence along land of said Robert Vaughn South 45 degrees 00 minutes 09 seconds West 245.00 feet to corner of Lot No. 2 and existing iron pin; thence along Lot 2 North 31 degrees 34 minutes 15 seconds West 618.37 feet to an iron pin; continuing South 83 degrees 16 minutes 26 seconds West 475.74 feet to an iron pin and Lot 1; thence along Lot 1 North 28 degrees 10 minutes 23 seconds West 137.00 feet to an iron pin in a stump and land of Frank W. Linsenbach, Jr; thence along land of Frank W. Linsenback, Jr North 33 degrees 46 minutes 00 seconds East 202.47 feet to an iron pin; thence along land of Agnes King South 45 degrees 21 minutes 00 seconds East 148.28 feet to an iron pin; continuing North 73 degrees 30 minutes 00 seconds East 332.29 feet to an iron pin; continuing North 64 degrees 55 minutes 00 seconds East 119.12 feet to an iron pin; continuing North 55 degrees 46 minutes 00 seconds East 236.80 feet to an iron pin and corner of Lot 5; thence along Lot 5 South 14 degrees 48 minutes 54 seconds East to a point at corner of private right of way; thence along Lot 5 North 72 degrees 29 minutes 46 seconds East 410.92 feet to a point; continuing North 41 degrees 19 minutes 09 seconds East 445.18 feet to the center line of Crains Gap Road; thence along center line of said road South 55 degrees 06 minutes 00 seconds East 50.32 feet to a point; thence South 41 degrees 19 minutes 09 seconds West 26.61 feet to a point; thence continuing along the same course and land of Dennis J. Kelleher 376.35 feet to a concrete monument; continuing 61.80 feet to a point; File #: 179413 Thence along the northern boundary of Lot 4, South 72 degrees 29 minutes 46 seconds West 424.86 feet, thence South 13 degrees 38 minutes 45 seconds East 464.85 feet to place of Beginning. Subject to any restrictions, easements and/or restrictions that pertain to this property. PARCEL NO. 29-05-0427-042C PROPERTY BEING: 1016 CRANES GAP ROAD File #: 179413 VERIFICATION I hereby state that I am the 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 of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. G ttomey for Plaintiff To13 cl DATE: - C-) rv 00 1,d„ r,a;S ?! vol i 7... 7 "D rn 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03508 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS MCNALLY JAMES M WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MCNALLY JAMES M was served upon DEFENDANT , at 0021:23 HOURS, on the 16th day of June at 1016 CRANES GAP ROAD CARLISLE, PA 17013 JAMES MCNALLY DEFENDANT 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: Docketing Service Affidavit Surcharge 61/9`D? /-), 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this the . 2008 day So Answers: sgtL R. Thomas Kline 06/17/2008 PHELAN HALLINAN SCHMIEG By: - Deputy Sheriff of A. D. f Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. JAMES M. MCNALLY Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 08-3508 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: June 19, 2009 PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jjn, Svc Dept. File# 179413 b Q1 F t t t r. ? -.,. a r. 00 A01 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3508 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. JAMES M. MCNALLY TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 7/9/08 Phelan Hallinan chmieg, LLP mtiff Attorney fo q e By: Fra cis S. Hallinan Es it PHS #: 179413 i A& 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. JAMES M. MCNALLY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3508 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 Phelan Hallinan & Schmieg, LLP Attorney for intiff By: Francis S. Hallinan, Esquire Date: 7/9/08 VERIFICATION VERISELMAN hereby states that he/she is ASSISTANT VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: KERI SELMAN, ASSISTANT VICE PRESIDENT DATE: Title: Company: COUNTRYWIDE HOME LOANS, INC. File #: 179413 ? -n G °?' =,? ?:.? t?? G ri? c -° ' ? .r 7 ?- ? ? ' J U, s? is , ,. , :.r, -z3 y ? ;. ?:; ? C x •? ? ' G SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03508 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS MCNALLY JAMES M R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCNALLY JAMES M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 9th , 2008 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answers, Docketing 18.00 ? Out of County 9.00 Surcharge 10.00 R. Thomas Kli e Postage .93 Sheriff of Cumberland County .00 3 7. 9 3 ? ;7//1I0 e z.,, 07/09/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. SHERIFF'S OFFICE SHERIFF'S > OFFICE LANCASTER COUNTY \ PA. /_ LANCASTER COUNTY, PENNSYLVANIA 50 NORTH DUKE STREET, PO BOX 83480, LANCASTER, PA 17608-3480 TELEPHONE: 717-299-8200 FAX: 717-295-3656 TERRY A. BERGMAN, SHERIFF In the Court of Common Pleas inim County, SPA. AAt -t' C . -vs- y (Dockft # 409'' 3 60 S Cw4c Acceptance of Service per nice procedure 402(6)- I accept service of the 1107;? J..Zj^ I-rr M (`type of Document) (on 6efiaff f A4- I c o (Defendant or fppondent) and certify that I am autfim ized'to do so? a (AutfiorizedAgent Signature) u t (OintedName) (WaiCxngAddress) L (03108) (Oty, State and Ztp Code) LANCASTER COUNTY * ESTABLISHED 1729 1325W SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480• (717) 299-8200 SHERIFF SERVICE PLEASE TYPE CO PFWff LEGMY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DUA H ANY COPIM 1. PLAINTIFF/S/ 2. COURT NUMBER Countrywide Home Loans Inc 08-3508 civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT James M. McNally Notice & Cmpla ` tin Mort age SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED James M. McNally 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 371 Valley Brook Drive Lancaster, PA 17601 7. INDICATE UNUSUAL SERVICE: 0 DEPUTIZE ? OTHER Cumber) Now, June 25 20 08 , I, SHERIFF OF COUNTY, PA., do hereb deputize the Sherriff of _Lancastcas County to execute this W ' etum there ing is deputation being made at the request and risk of the plaintiff. SHERIFF COMMY OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumber Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 8. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE _FRANCIS S. HALLINAN, ESQ. 215-563-7000 6/10/08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed) SPACE MELOW FOR USE OF SHERfFF ONLY -- DO NOT WRIF MLOW THIS LINE 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. } JA KCIE MICCICHE 714-390-2309 6/27/08 7/10/08 16. 1 hereby CERTIFY and RETURN that 10 have personally served, ave legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- porark; etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. tspnereby certify and return a NOT FOUND because I am unable to locate the individual. Comoanv. corooration. etc.. named above. (See remarks below) 18. Nom and titlePlndiv' aJ,sgryed (if not shown above) ( C?; / tions "p to Defendant) 19• p No Service V JAO& See Remarks Below (No. 30) 20. Address of where serve (complete o y if differen than sit-awn boveeet or RF11, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) 5a N - '# &666' ?z e j? a- 3v , 1 1101- 23. ATTEMPTS D to Miles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. In t. Date Miles Dep. int. Date as Dep. Int. 48 1 24. Advance Costs R 150.00 25. Service Costs 3( 26. Notary Cert. 1 41 27L ilepe/ o age/N. (XD 28. Total Costs 29. COST DUE OR REFUND 'IT . Z 47,91Z) 3 . REM : hea j 1 N 1? / r RU? N/ (/ ITt q'viv V ? ? R-f// ?GY S.T.A. N-4141 cc- 31. AFFIRMED and subscribed to before me this t? 32. Signature Den. Sheriff// 33. Dgte 3 H n 3 z r r k SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 (717) 299-8200 SHERIFF SERVICE PLEASE TYPE Of? PR#ff LE LY, PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO WT DETACH ANY COPIES. 1. PLAINTIFF/S/ Hane Loans Inc 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Janes M. McNally Notice & Canpla1 t in MornSutgage nr? l SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED James M. McNally 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 371 Valley Brook Drive Lancaster, PA 17601 7. INDICATE UNUSUAL SERVICE: ? DEPUTIZE ? OTHER Cumberland Now, June 25 20__Q8 , I, SHERIFF OF COUNTY, PA., do hereb % deputize the Sherrill of Lancaster County to execute this Wr' ?NWetum there 9FX ing Tw*Nk?',%is deputation being made at the request and risk of the plaintiff. SHERIFF COtONY OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE FRANCIS S. HALLINAN, ESQ. 215-563-7000 6/10/08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to be mailed) SPACE MOW FOR USE OF SHEWF O WY -- UO WT WME DEW W T006- U!ME 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. } JA KCIE MICCICHE 70-390-2309 6/27/08 7/10/08 16. 1 hereby CERTIFY and RETURN that 10 have personally served, eve legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- po2z, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17, reby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. and titleAindivjd?al,s$ryed (if not shown above) r tions 'p to Defendant) 19. ? No Service ??//?? CC :JAI See Remarks Below (No. 30) 20. Address of where serve (complete o y if differenn than s /n above) (SSjreett or RRFFO/Apaartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) W dYl7??" /? Al CJrT/(JG - T 5D , 6&1 ?sr j?v? 2 e - ?? 3v 23. ATTEMPTS Djte Mlles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. Date Mites Dep. Int. Date Mlles Dep. Int. 24. Advance Costs % 25. Service Costs 26. Notary Cert. 2. F oo ? 28. Total Costs 29. COST DUE OR REF R 150.00 36.550 Q 36'. REMARKS: hea ,J 1. N # Ra/YI/P (?J ,?-- S.T.A.: Na l 4/' c " 1. ' `l 1 oo? /040 7 6T 31. AFFIRMED and subscribed to before me this 32. Signature 33. Die 34. day of 20 Dep. Shentr C 4 ' vg 37 ;i? 6 38. 2. COURT NUMBER 08-3508 civil P.HELAN HALLINAN & SCHMIEG, L.L.P. r By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3508 JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES M. MCNALLY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $267,735.02 Interest from 06/06/2008 to 07/25/2008 $2,146.00 TOTAL $269,881.02 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ANIEL G. SCHMI SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5,4 i 400k PR PROTHY 179413 PHELAN HALLINAN & SCHMIEG, L.L.P. 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, v. JAMES M. MCNALLY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3508 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 JAMES M. MCNALLY is over 18 years of age and resides at, 1016 CRANES GAP ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL SCHMIE , ESQUIRE Attorney for Plaintiff t (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, V. JAMES M. MCNALLY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3508 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 g . By: b-T If you have any questions concerning this matter, please contact: /1L /Ijj? NIEL G. CHMIE , ESQUIRE Attorney for Plaintiff ONE PENN 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." #PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 561-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION : CUMBERLAND COUNTY JAMES M. MCNALLY Defendants :NO. 08-3508 CIVIL TERM TO: JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 DATE OF NOTICE: JULY R. 20OR THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Aduj 3 1 i j (800)990-9108 (jily Hainey, , Legal Assistant qZ , fL1 cw ," I W ?' r.a ?.w t? Q N 0 _,I 5i-n -T; p? ? 7 v `- j 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 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JAMES M. MCNALLY No. 08-3508 CIVIL TERM Defendant 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 June 10, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 30, 2008 in the amount of $269,881.02. 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 December 10, 2008. 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 $257,513.43 Interest Through December 10, 2008 $15,831.82 Per Diem $42.33 Late Charges $316.44 Legal fees $1,250.00 Cost of Suit and Title $1,339.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $30.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,219.00 TOTAL $279,519.69 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 September 24, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: t5 mieg, LLP By: P MBradfor Mi c,squire 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 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff vs. Civil Division CUMBERLAND County JAMES M. MCNALLY No. 08-3508 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAMES M. MCNALLY and LYNNE MCNALLY 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 1016 CRANES GAP ROAD, CARLISLE, PA 17013-9676. 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 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. ofN.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 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 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. Vl. 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. VII. 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: e 1' chmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 pals COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 Z - EF -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 3508 CC iV i ! -rej, CUMBERLAND COUNTY Defendant CIVEL ACTION - LAW y _ _ COMPLAINT IN MORTGAGE FORECL Copy aw ATTO WRLE COPY PLEASE RETURN ? . p O Filet 179413 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 #: 179413 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. (1971), 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 File #: 179413 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 #: 179413 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/08/2005 JAMES M. & LYNNE MCNALLY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1935, Page 2914. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2008 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 #: 179413 6. The following amounts are due on the mortgage: Principal Balance $257,513.43 Interest $8,026.04 12/01/2007 through 06/05/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $395.55 12/08/2005 to 06/05/2008 Cost of Suit and Title Search 550.00 Subtotal $267,735.02 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $267,735.02 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personals 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 #: 179413 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. Plaintiff hereby releases LYNNE MCNALLY from liability for the debt secured by the mortgage. File #: 179413 12. By virtue of the death of LYNNE MCNALLY on 04/15/08, Defendant JAMES M. MCNALLY, became the sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $267,735.02, together with interest from 06/05/2008 at the rate of $42.92 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. PHELAN HALLINAN & SCHMIEG, LLP By:G D L CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179413 LEGAL DESCRIPTION ALL that certain tract of land in North Middleton Township, Cumberland County, Pennsylvania, being Lot 3 of the Subdivision Plan of Martin J. Harniah recorded in Plan Book 53, Page 980 bounded and described as follows: BEGINNING at an iron pin at corner of Lots 3 and 4 and land of Robert Vaughn, thence along land of said Robert Vaughn South 45 degrees 00 minutes 09 seconds West 245.00 feet to corner of Lot No. 2 and existing iron pin; thence along Lot 2 North 31 degrees 34 minutes 15 seconds West 618.37 feet to an iron pin; continuing South 83 degrees 16 minutes 26 seconds West 475.74 feet to an iron pin and Lot 1; thence along Lot 1 North 28 degrees 10 minutes 23 seconds West 137.00 feet to an iron pin in a stump and land of Frank W. Linsenbach, Jr; thence along land of Frank W. Linsenback, Jr North 33 degrees 46 minutes 00 seconds East 202.47 feet to an iron pin; thence along land of Agnes King South 45 degrees 21 minutes 00 seconds East 148.28 feet to an iron pin; continuing North 73 degrees 30 minutes 00 seconds East 332.29 feet to an iron pin; continuing North 64 degrees 55 minutes 00 seconds East 119.12 feet to an iron pin;; continuing North 55 degrees 46 minutes 00 seconds East 236.80 feet to an iron pin and corner of Lot 5; thence along Lot 5 South 14 degrees 48 minutes 54 seconds East to a point at corner of private right of way; thence along Lot 5 North 72 degrees 29 minutes 46 seconds East 410.92 feet to a point; continuing North 41 degrees 19 minutes 09 seconds East 445.18 feet to the center line of Crains Gap Road; thence along center line of said road South 55 degrees 06 minutes 00 seconds East 50.32 feet to a point; thence South 41 degrees 19 minutes 09 seconds West 26.61 feet to a point; thence continuing along the same course and land of Dennis J. Kelleher 376.35 feet to a concrete monument; continuing 61.80 feet to a point; File #: 179413 Thence along the northern boundary of Lot 4, South 72 degrees 29 minutes 46 seconds West 424.86 feet, thence South 13 degrees 38 minutes 45 seconds East 464.85 feet to place of Beginning. Subject to any restrictions, easements and/or restrictions that pertain to this property. PARCEL NO. 29-05-0427-042C PROPERTY BEING: 1016 CRANES GAP ROAD File #: 179413 VERIFICATION I hereby state that I am .the 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 of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 P&C.S. Sec. 4904 relating to unworn falsifications to authorities. C ttomey for Plaintiff 9d ?3 y DATE: - Exhibit "B" PIIELAN HALLINAN & SCHMUG, L.L.P. By: DANIEL G. SCHIVIIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY PLANO, TX 75024 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 08-3508 JAMES M. MCNALLY o 0 C=D -n 1016 CRANES GAP ROAD ATTOAN.Y FILE COPPy c- CARLISLE, PA 17013 PLEASE RETURN .. -o m Defendant(s). C) 0 M PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T05 ANSWER AND ASSESSMENT OF DAMAGES { TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES M. MCNALLY, Defendant(s)tor failure to file an Answer to Plaintiffs Complaint within 20 days front service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: ATTORNEY FILE COPY As set forth in complaint PLEASE RETURN $267,735.02 Interest from 06/06/2008 to 07/25/2008 $2,146,00 TOTAL $269,881.02 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ATTORNEY L G. SC SQUIRE PLEASE R or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: 3D a0 d,? P O PR 179413 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 24, 2008 JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 RE: COUNTRYWIDE HOME LOANS, INC. vs. JAMES M. MCNALLY Premises Address: 1016 CRANES GAP ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-3508 CIVIL TERM 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 Monday, September 29, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ABford, Ich Pe squire For Phelan Hallinan & Schmieg, LLP Enclosure -,A 0 a? a W : ,o 9 xEn U u Q ? a u as a L O y 6 c as V zec S,p,u u c H u Z-:a 0 ?sQ S 7 U ? y y I w . . Eo Ls L 3aoO d1z woaJ 0311dw U .. ? 8OOZ bZ das 0 LOs at,000 ¦ O s WL ZO v °0 0 u 5u? `r 0 ` o c > t NSO Z . o d Dy 37- v K! ' p ? 6 a6i° U d N ? W M ? ° o0a i.-8 l? .--i Q? u b ?U ? o O T C Kr ? p 0 . _ " a >aob s W C h ,5 4' q O 0 N 01 y u u p VR yHa b A ? a o a Q ? 0 ?o ? 0 M aw v' a a ? Q h U U V ? o0 a? z ? ? Ha ti ti 1 U N O T a :a N M to ?p l- 00 ON ° ~ .N-+ - - ? F !Su J 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. DATE: !?b 1 0 (? eg, LLP By e nBradfoWEsquire i elAttorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. JAMES M. MCNALLY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3508 CIVIL TERM 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 individuals on the date indicated below. JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 DATE: ~ JAMES M. MCNALLY 371 VALLEY BROOK DR LANCASTER, PA 17601-4639 By: MBradfford, LP Michele . Attorne y for Plaintiff y CIP) •,..» Cr, .C P F y "- E1_j -??- tom' C) ~ ,J OCT 0 2 2008 &x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC Plaintiff vs. JAMES M. MCNALLY Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-3508 CIVIL TERM RULE 6A AND NOW, this day of 044" 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the -0 day of Ora" 2008, at4 in *L-IviM 3 Courtroom of the Cumberland County Courthouse, Carlisle, Penn w BY THE J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com r 1- ms t X ???? s]-- ?,... t 9 s 1. ,v+ e 4* VINVf r,: r?1 /JAMES M. MCNALLY 10 16 CRANES GAP ROAD CARLISLE, PA 17013-9676 570-688-8796 cor is m'?. U, JAMES M. MCNALLY 371 VALLEY BROOK DR LANCASTER, PA 17601-4639 179413 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) JAMES M. MCNALLY SERVE JAMES M. MCNALLY AT: 1016 CRANES GAP ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-3508 ACCT. #179413 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 ^^?? Served and made known to ?1>itNd SERVED Defendant, on the 94 51 day SWA" gn , 204, at Jr: 37. , o'clock ;L.m., at (6 (6 GA,&15S G*P Rtftj `o t4 sl-l Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age -)t)5 Height Weight Race w Sex AA Other I, 20VA" MOLL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ZU- day of t M- 200 Nota< By: (V TT SSEERIS ICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY I IMM 8Yj4 &S oj2& 0 j2 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this D1Sfday DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 o s AA, 200 One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?_l I / 0?-( .;; Cj) ?T` x :? ?:? ? ,.... ? ....._ .?V., f? ; . c? -? .:?. ---?; i ry ,w , ?.;? a t r ?=ti .. 4 ?? ? -- a?• ' , ? ? . 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 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff vs. JAMES M. MCNALLY Defendant Civil Division CUMBERLAND County No. 08-3508 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of .0 106 was sent to the following individual on the date indicated below.. JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 DATE: b D? JAMES M. MCNALLY 371 VALLEY BROOK DR LANCASTER, PA 17601-4639 a1 ' ieg, LLP By: Michele M. Bradford, squire Attorney for Plaintiff ? t- ? . ,? ?'??' ? .,? <"'? ? ?.. ?- A PRAECIPE FOR WR?T OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. No. 08-3508 JAMES M. MCNALLY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/26/08 TO 3/4/09 (per diem -$44.36) TOTAL $269,881.02 $9,847.92 and Costs $279,728.94 ANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station r 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of pproperty.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not b6 sold in the absence of a representative of the plaintiff at the Shetiff's Sale. The sale must be postponed or stayed in the event that,a representative of the plaintiff is not present at the sale. 179413 m "f f w? w? a? o? ?a 04 F-4 o? V? ?w H? ?U 3iIII1 O V z O a W O a z VJ a 4 91 a8 r r C H U w? 0 H? Gar O -40 a "ts M a w a A 0 a :Ogg c f ?e s t s t1i M_ d' O? 1> . 1 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUB AN STATION 1617 JOHN F. KENNEDY BL ., SUITE 1400 PHILADELPHIA, PA 19103-18 4 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, . V. , JAMES M. MCNALLY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3508 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and thalt the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgaSe O non-owner occupied O vacant (X) Act 91 proced0res have been fulfilled This certification is made subje,bt to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I - ?? <?l 2t - DANIEL G. HMIEG, ESQUIRE Attorney for Plaintiff ev C5 R ? o C-5 - --4 n FT-1 i COUNTRYWIDE HOME LOANS,'INC. Plaintiff, V. JAMES M. MCNALLY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 08-3508 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOA11 S. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth a? of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1016 CRANES GAP ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) dr reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 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) PNC Bank National Association 4242 Carlisle Pike Camp Hill, PA 17001 4. Name and address of last record$d holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every othe? person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale! Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every othe 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) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1016 CRANES GAP ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements m e in this affidavit are true and correct to the best of my personal knowledge or information and belie I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 rellating to unworn falsification to au es. I October 23, 2008 c ?0%-) le-wz DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 0 ,T) z rr r, fn x ^? "'"`4 - ti COUNTRYWIDE HOME LOANS,?INC. Plaintiff, v. i JAMES M. MCNALLY f Defendant(s). TO: JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 08-3508 October 23, 2008 **THIS FIRMISA DEBT COLL TOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT URPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASN RE?4FFIRMED, THIS ISNOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, B ONLYENFORCEMENT OFA MENAGAMSTPROPERTY. ** Your house (real estate) at 016 CRANES AP ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on CH 4,2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, lisle, PA 17013, to enforce the court judgment of $269881.02 obtained by C RYWIDE HO LOANS, C. (the mortgagee) against you. In the event the sale is continued, an announcement '11 be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cane led if you pay to the mortgagee the back payments, late charges, costs and reasonable a orney's fees due. To find out how much you must pay, you may call: (215) 563-7000.1 2. You may be able to st p the sate by filing a petition asking the Court to strike or open the judgment, if the jud ent was improperly entered. You may also ask the Court to postpone the sale for g cause. 3. You may also be able stop the sale through other legal proceedings. You may need an attorney to sert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (S a notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is no stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21 563-7000. 2. You may be able to petiof on the Court to set aside the sale if the bid price was grossly inadequate compared to the value your property. i 3. The sale will go through my 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 a Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happen0d. 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 ?hare 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 ilistribution is filed. 7. You may also have other fights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAP E R TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFO ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This pro rty is sold at the direction of the plaintiff. Et may not be sold in the absence of a re resentativ of t fain iff the Sheriff's Sale. The sale must be postponed or stayed in the event at a representative of the plaintiff is not present at the sale. CUMBERL COUNTY ATTORNEY REFERRAL CUMBE AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBI?1 AND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT F EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 fi I LEGAL 6#9CRII'TTON1 ALL that certain tract of land in North Middleton Township, Cumberland County, Pennsylvania, being Lot 3 of the Subdivision Plan of Martin J. Harniah recorded in Plan Book 53, Page 980 bounded and described as follows: BEGINNING at an iron pin at corner of l of said Robert Vaughn South 45 degrees No. 2 and existing iron pin; thence along feet to an iron pin; continuing South 83 d pin and Lot 1; thence along Lot 1 North iron pin in a stump and land of Frank W. Jr North 33 degrees 46 minutes 00 secon Agnes King South 45 degrees 21 minute; North 73 degrees 30 minutes 00 seconds 55 minutes 00 seconds East 119.12 feet t seconds East 236.80 feet to an iron pin ai minutes 54 seconds East to a point at cor degrees 29 minutes 46 seconds East 410. 09 seconds East 445.18 feet to the center road South 55 degrees 06 minutes 00 sec minutes 09 seconds West 26.61 feet to a Dennis J. Kelleher 376.35 feet to a concr along the northern boundary of Lot 4, So thence South 13 degrees 38 minutes 45 s .ots 3 and 4 and land of Robert Vaughn, thence along land 30 minutes 09 seconds West 245.00 feet to corner of Lot Lot 2 North 31 degrees 34 minutes 15 seconds West 618.37 agrees 16 minutes 26 seconds West 475.74 feet to an iron 8 degrees 10 minutes 23 seconds West 137.00 feet to an Linsenbach, Jr; thence along land of Frank W. Linsenback, Is East 202.47 feet to an iron pin; thence along land of 00 seconds East 148.28 feet to an iron pin; continuing t 332.29 feet to an iron pin; continuing North 64 degrees an iron pin; continuing North 55 degrees 46 minutes 00 0 corner of Lot 5; thence along Lot 5 South 14 degrees 48 i?r of private right of way; thence along Lot 5 North 72 feet to a point; continuing North 41 degrees 19 minutes l ne of Crains Gap Road; thence along center line of said ' . ds East 50.32 feet to a point; thence South 41 degrees 19 int; thence continuing along the same course and land of monument; continuing 61.80 feet to a point; thence th 72 degrees 29 minutes 46 seconds West 424.86 feet, Bonds East 464.85 feet to place of Beginning. TITLE TO SAID PREMISES IS VESTED IN James M. McNally, by Deed from John R. Deremer and Norma C. Deremer, h/w, dated 05/02 000, recorded 05/02/2000, in Deed Book 220, page 416. PREMISES BEING: 1016 CRANES GAP ROAD, CARLISLE, PA 17013 PARCEL NO. 29-05-0427-042C WRIT OFIEXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERI To satisfy the debt, interest and From JAMES M. MCNALLY (1) You are directed to levy u DESCRIPTION. (2) You are also directed to attach of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) paying any debt to or for the account i (s) or otherwise disposing thereof; (3) If property of the defendant(s) n( of anyone other than a named garnish garnishee and is enjoined as above sta Amount Due $269,881.02 Interest from 7/26/08 to 3/04/09 Atty's Comm % Atty Paid $199.93 Plaintiff Paid Date: 10/27/08 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ES( Address: PHELAN HALLINAN & .' ONE PENN CENTER AT 1617 JOHN F. KENNEDY PHILADELPHIA, PA 19'. Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 NO 08-3508 Civil CIVIL ACTION - LAW COUNTY: due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) the property of the defendant (s)and to sell SEE LEGAL property of the defendant(s) not levied upon in the possession i attachment has been issued; (b) the garnishee(s) is enjoined from the defendant (s) and from delivering any property of the defendant levied upon an subject to attachment is found in the possession , you are directed to notify him/her that he/she has been added as a L.L. $.50 diem - $44.36) -- $9,847.92 and Costs Due Prothy $2.00 1814 Other Costs Prothonotary By: Deputy LLP ?N STATION ARD, SUITE 1400 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JAMES M. MCNALLY No. 08-3508 CIVIL TERM Defendant ORDER AND NOW, this, day of O , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $257,513.43 Interest Through December 10, 2008 $15,831.82 Per Diem $42.33 Late Charges $316.44 Legal fees $1,250.00 Cost of Suit and Title $1,339.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $30.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 !`85;;? ? "' ?a •e„'} ?? .. Suspense/Misc. Credits Escrow Deficit TOTAL ($0.00) $3,219.00 $279,519.69 Plus interest from December 10, 2008 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. Y T J. /Michele M. Bradford Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordna,fednhe.com ? JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 TEL: 570-688-8796 COP ?.S rrtg t LV.C,( ,??.'-46/tea t:'?n JAMES M. MCNALLY 371 VALLEY BROOK DR LANCASTER, PA 17601-4639 179413 C,3 CO) C3 C3.- C%j V s PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. JAMES M. MCNALLY NO.: 08-3508 PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter to the use of COUNTRYWIDE HOME LOANS SERVICING, L.P., 7105 CORPORATE DRIVE, PLANO, TX 75024. 1 T- ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: February 2, 2009 TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of COUNTRYWIDE HOME LOANS SERVICING, L.P., 7105 CORPORATE DRIVE, PLANO, TX 75024, USE PLAINTIFF. Daniel G. Schmieg, E ire Attorney for Plaintiff Date: February 2, 2009 Rj rte , rT*l 4 rn -? COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. JAMES M. MCNALLY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-3508 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney forCOUNTRYWIDE HOME LOANS SERVICING, L.P. hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2009 Attorney for Plaintiff 4 .4 t, -q no n yy w y z cn A w N .-. p ?O oo v rn U .A i,, C" o. ? N ... fD ? o A ? W > z w 3 V1 l 1 A? V' ? _? 'r? yy p I¦.r C' O e3e -;, ? ° b 04. v 12 -'?Nrn-e ?dror'?O r' N`° A ?.`?O Oy p N ?{ yy >t A u O O ao r" ?. ?C? `..wFd HHZ ?y n o to c `° ° tr1 k p a q• m eo r,. d. °` ? ?s1 a rt n H N x AA7 ? r•+ A C z C? W fb " c e C y u o to ? m N-A H Ws fb 'D 00 P, on ..7 U p ..? yy O O o. O O O V A o -• ?, b 8 c w Is s a ?. ? bd N ?.?•a^ ? Vii m ? eC 0 0 ? eb =• _ ?. ? ? ?s Pis,. e o ay= ` EV nowes yno? ? A' h O ••. 02 1M $ 02.78° 8? s 000421 8010 AUG 27 2008 MAILED FROM ZIP CODE 19103 O a A eb <DO y CI ? a ? O N Y ?. O? ? Z 00 ? d" n a. ? 9 In H ?, r Z CD r - r? xC b O Oil r Ci7 c?a " ? c a ?. k- ? '} ..? ?_? r _? { A, (Nl ?' '? } _???;` ? bt.. r3" ? .,.? ;? t= (;Gl , i iL! .1 U i ? y ... - t.a- ? rc ? ? r cJ" _? © Q ..+ C - . -. Countrywide Home Loans, Inc. VS James M. McNally In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3508 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 26, 2008 at 1557 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: James M. McNally, by making known unto James M. McNally personally, at 1016 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1010 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 James M. McNally located at 1016 Cranes Gap Road, Carlisle, 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: James M. McNally, by regular mail to his last known address of 1016 Cranes Gap Road, Carlisle, PA 17013. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 21.68 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 El Law Journal Patriot News Share of bills So Answ s: R. Thomas Kline, Sheriff BY ?. Real Estate Coordinator 467.00 454.79 15.52 1,105.49 ? 6/a4/'D 9yw N d a a,p m' , ." L -a ::x -V ? Gam. (? ? fTt a c? ma co : c ?ArID C - .5N Lc>YZ G 99 9 a4y3-3 } COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JAMES M. MCNALLY CUMBERLAND COUNTY COURT OF COMMON PLEAS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, INC.. 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 ,1016 CRANES GAP ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 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) PNC Bank National Association 4242 Carlisle Pike Camp Hill, PA 17001 4. Name and address of last recorded holder of every mortgage of record: Name None NO. 08-3508 Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name CIVIL DIVISION Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4 I 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) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1016 CRANES GAP ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Boa 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 falsification to aut October 23, 2008 c DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, . V. No. 08-3508 JAMES M. MCNALLY Defendant(s). October 23, 2008 TO: JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013 "THIS FIRM IS 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 WASNOT REAFFIRMED, THISISNOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 1016 CRANES GAP ROAD, CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 4.2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $269,881.02 obtained by COUNTRYWIDE HOME LOANS. INC. (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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 LEGAL DESCRIPTION ALL that certain tract of land in North Middleton Township, Cumberland County, Pennsylvania, being Lot.3 oftbe Subdivision Plan of Martin J. Hamiah recorded in Plan Book 53, Page 980 bounded and described as follows: BEGINNING at an iron pin at corner of Lots 3 and 4 and land of Robert Vaughn, thence along land of said Robert Vaughn South 45 degrees 00 minutes 09 seconds West 245.00 feet to comer of Lot No. 2 and existing iron pin; thence along Lot 2 North 31 degrees 34 minutes 15 seconds West 618.37 feet to an iron pin; continuing South 83 degrees 16 minutes 26 seconds West 475.74 feet to an iron pin and Lot l; thence along Lot 1 North 28 degrees 10 minutes 23 seconds West 137.00 feet to an iron pin in a stump and land of Frank W. Linsenbach, Jr; thence along land of Frank W. Linsenback, Jr North 33 degrees 46 minutes 00 seconds East 202.47 feet to an iron pin; thence along land of Agnes King South 45 degrees 21 minutes 00 seconds East 148.28 feet to an iron pin; continuing North 73 degrees 30 minutes 00 seconds East 332.29 feet to an iron pin; continuing North 64 degrees 55 minutes 00 seconds East 119.12 feet to an iron pin; continuing North 55 degrees 46 minutes 00 seconds East 236.80 feet to an iron pin and corner of Lot 5; thence along Lot 5 South 14 degrees 48 minutes 54 seconds East to a point at corner of private right of way; thence along Lot 5 North 72 degrees 29 minutes 46 seconds East 410.92 feet to a point; continuing North 41 degrees 19 minutes 09 seconds East 445.18 feet to the center line of Crains Gap Road; thence along center line of said road South 55 degrees 06 minutes 00 seconds East 50.32 feet to a point; thence South 41 degrees 19 minutes 09 seconds West 26.61 feet to a point; thence continuing along the same course and land of Dennis J. Kelleher 376.35 feet to a concrete monument; continuing 61.80 feet to a point; thence along the northern boundary of Lot 4, South 72 degrees 29 minutes 46 seconds West 424.86 feet, thence South 13 degrees 38 minutes 45 seconds East 464.85 feet to place of Beginning. TITLE TO SAID PREMISES IS VESTED IN James M. McNally, by Deed from John R. Deremer and Norma C. Deremer, h/w, dated 05/02/2000, recorded 05/02/2000, in Deed Book 220, page 416.. PREMISES BEING: 1016 CRANES GAP ROAD, CARLISLE, PA 17013 PARCEL NO. 29-05-0427-042C WRIT OF EXECUTION and/or ATTACHMENT . _ . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3508 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From JAMES M. MCNALLY (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 $269,881.02 L.L. $.50 Interest from 7/26/08 to 3/04/09 (per diem - $44.36) -- $9,847.92 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $199.93 Other Costs Plaintiff Paid Date: 10/27/08 rothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 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 Deputy Real Estate Sale #1 On October 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1016 Cranes Gap Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2008 By: "j,6 Real Es to Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 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. Marie WORN 0 AND SUBSCRIAED before me this -day of Februa 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 mmYAM SWANS SUM NO. I Writ No. 2008-3508 Civil Countrywide Home Loans, Inc. VS. James M. McNally Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract of land in North Middleton Township, Cumber- land County, Pennsylvania, being Lot 3 of the Subdivision Plan of Martin J. Harniah recorded in Plan Book 53, Page 980 bounded and described as follows: BEGINNING at an iron pin at comer of Lots 3 and 4 and land of Robert Vaughn, thence along land of said Robert Vaughn South 45 degrees 00 minutes 09 seconds West 245.00 feet to corner of Lot No. 2 and existing iron pin; thence along Lot 2 North 31 degrees 34 minutes 15 seconds West 616.37 fleet to an iron pin; coatinu- ing South 83 degrees 16 minutes 26 seconds West 475.74 feet to an iron pia and Lot 1; thence aging Lot 1 North 28 degrees 10 minutes 23 seconds West 137.00 feet to an iron pin in a stump and land of Frank W. Linsenbach, Jr; thence along land of Frank W. Linsenback, Jr North 33 degrees 46 minutes 00 seconds East 202.47 feet to an iron pin; thence along land of Agnes King South 45 degrees 21 minutes 00 seconds East 148.28 feet to an iron pin; continu- ing North 73 degrees 30 minutes 00 seconds East 332.29 feet to an iron pin; continuing North 64 degrees 55 minutes 00 seconds East 119.12 feet to an iron pin; continuing North 55 degrees 46 minutes 00 seconds East 236.80 feet to an iron pin and comer of Lot 5; thence along Lot 5 South 14 degrees 48 minutes 54 seconds East to a point at corner of private right of way; thence along Lot 5 North 72 degrees 29 minutes 46 seconds East 410.92 feet to a point; continuing North 41 degrees 19 minutes 09 sec- onds East 445.18 feet to the center line of Crains Gap Road; thence along center line of said road South 55 degrees 06 minutes 00 seconds East 50.32 feet to a point; thence South 41 degrees 19 minutes 09 seconds West 26.61 feet to a point; thence continu- ing along the same course and land of Dennis J. Kelleher 376.35 feet to a concrete monument; continuing 61.80 feet to a point; thence along the northern boundary of Lot 4, South 72 degrees 29 minutes 46 seconds West 424.86 feet, thence South 13 degrees 38 minutes 45 seconds East 464.85 feet to place of Beginning. TITLE TO SAID PREMISES IS VESTED IN James M. McNally, by Deed from John R. Deremer and Nor- ma C. Deremer, h/w, dated 05/02/ 2000, recorded 05/02/2000, in Deed Book 220, page 416. PRF.MT.QR..Q RRTNCI. 1016 CRANT+..S' PHELAN HALLINAN & SCHMIEG, LLP ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 08-3508 CIVIL TERM JAMES M. MCNALLY Defendant(s) CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter to the use of BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P ?? f G ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 W07aime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: December 10, 2009 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. G c ? L ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? drew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: December 10, 2009 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff , No. 08-3508 CIVIL TERM Vs. JAMES M. MCNALLY Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute BAC HOME LOANS SERVICING, L.P. FWA COUNTRYWIDE HOME LOANS SERVICING, L.P. as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. is the current plaintiff in the foreclosure action by virtue of a corporate merger, whereby COUNTRYWIDE HOME LOANS, INC. is now known by BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. I. Kindly amend the information on the docket accordingly. Date: I g- )g- 0_1 PHECk4-'Vi LAN HALLINAN & SCHMIEG, LLP By: R ` jd- Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff FILE (.i fCE hRY 20119 DEC 15 ` 11: 14 co 90 A T-H -tE 88tva153 ?'? a35(>31 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v JAMES M. MCNALLY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/11/2008 ($45.95 per diem) TOTAL NO. 08-3508 CIVIL TERM CUMBERLAND COUNTY $279,519.69 $24,767.05 $304,286.74 C Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? P ter J. Mulcahy, Esq., Id. No. 61791 ? ndrew L. Spivack, Esq., Id. No. 84439 Jaime e McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 179413 a a z > d? 9 Q >? O Zd? z Q CIS Z O A Uva?d w 3 ??a O 45 3 a z o W d o z C40) > ? o cw" a [7U7 N?N?rf^ t*1 'co, ?M N N M M O` ? O N c, N a'' `'z. W a a O o 0Z? OtMc ! °00 zC°,4N o a? ??.Z-6 c c o10 6zz,ZZ.z6- O a r? v zzzooz--6.6 5r .'d V ra 2 y V ?"tibb d- fzl O a^ p !' $ W W W W c W •, '-• ^ ?. ?" H ?" O C y" W OU y z? ? VY?? ? a ogoW ?WWW-dRj„yeW;dWW C?j ;T4 Ei 'v 79 00.4 03 }'" v? I C7 A 5.4 45 a w ¢ =00000000000r Mooou LL ci= -Jr 09 (0 0 0 0 0 0 O cv t.7 M e? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JAMES M. McNALLY aka JIM McNALLY, Debtor CHAPTER 7 CASE NO: 1-07-bk-03474-MDF E-LOAN BANK c/o SYSTEMS & SERVICES TECHNOLOGIES, INC. Its assignees and/or successors in interest, Movant V. RE: DOCKET ENTRY NO. 18 MOTION FOR RELIEF FROM STAY JAMES M. McNALLY, LEON P. HALLER, Trustee, Respondents ORDER TERMINATING AUTOMATIC STAY The Court has considered the Motion for Relief from the Automatic Stay filed in this bankruptcy proceeding by Movant, E-Loan Bank c/o Systems & Services Technologies, Inc., reviewed the file herein and finding that all parties concur in said motion it is of the opinion that said Motion should be granted. It is therefore, ORDERED that the automatic stay is hereby terminated under 11 U.S.C. §362(d) as to Movant, upon entry of this Order pursuant to the authority granted in Fed.R.Bankr.P., Rule 4001 1 Case 1:07-bk-03474-MDF Doc 21 Filed 12/19/07 Entered 12/19/07 12:31:39 Desc Main Document Page 1 of 2 (a)(3), to permit said creditor, its successors and/or assigns to take possession and sell, lease, or otherwise dispose of the 2006 FORD Mustang-VIN: 1ZVFT85H265200756 in a commercially reasonable manner. Dated: December 19, 2007 By the Coiu't, 704?,-4 6?W-c 9.- B P Judge (cx) This document is electronically signed and filed an the same date. 2 Case 1:07-bk-03474-MDF Doc 21 Filed 12/19/07 Entered 12/19107 12:31:39 Desc Main Document Page 2 of 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County JAMES M. MCNALLY No. 08-3508 CIVIL TERM Defendant ORDER AND NOW, this a day of © , 2008 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $257,513.43 Interest Through December 10, 2008 $15,831.82 Per Diem $42.33 Late Charges $316.44 Legal fees $1,250.00 Cost of Suit and Title $1,339.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $30.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Pql l3 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,219.00 TOTAL $279,519.69 Plus interest from December 10, 2008 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. Y RT J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bi-adfc!rd(@fedj2he.com JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 TEL: 570-688-8796 JAMES M. MCNALLY 371 VALLEY BROOK DR LANCASTER, PA 17601-4639 179413 vt Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff V. JAMES M. MCNALLY Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3508 CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Q tv, . W Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? FJ B. J ones, Esq., Id. No. 86657 er J. Mulcahy, Esq., Id. No. 61791 rew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 u1rlty BAC HOME; LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. PlAtiff V. JAMES M. MCNALLY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3508 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P.., 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 1016 CRANES GAP ROAD, CARLISLE, PA 17013-9676. Name and address of Owner(s) or reputed Owner(s): Name JAMES M. MCNALLY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 Address (if address cannot be reasonably ascertained, please so indicate) 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name. and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: skne Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. December 10, 2009 By: a?? P CA Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ndrew L. Spivack, Esq., Id. No. 84439 IVI Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 2069 DEC i 5 AM 11: 14 jNTY BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME : COURT OF COMMON PLEAS LOANS SERVICING, L.P. Plaintiff VS. JAMES M. MCNALLY LYNNE MCNALLY : CIVIL DIVISION : NO. 08-3508 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES M. MCNALLY 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 "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 1016 CRANES GAP ROAD, CARLISLE, PA 17013-9676 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $279,519.69 obtained by BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-3508 CIVIL TERM BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. JAMES M. MCNALLY owner(s) of property situate in the Cumberland County, Pennsylvania, being (Municipality) 1016 CRANES GAP ROAD, CARLISLE, PA 17013-9676 Parcel No. 29-05-0427-042C (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $279,519.69 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land in North Middleton Township, Cumberland County, Pennsylvania, being Lot 3 of the Subdivision Plan of Martin J. Harniah recorded in Plan Book 53, Page 980 bounded and described as follows: BEGINNING at an iron pin at corner of Lots 3 and 4 and land of Robert Vaughn, thence along land of said Robert Vaughn South 45 degrees 00 minutes 09 seconds West 245.00 feet to corner of Lot No. 2 and existing iron pin; thence along Lot 2 North 31 degrees 34 minutes 15 seconds West 618.37 feet to an iron pin; continuing South 83 degrees 16 minutes 26 seconds West 475.74 feet to an iron pin and Lot 1; thence along Lot 1 North 28 degrees 10 minutes 23 seconds West 137.00 feet to an iron pin in a stump and land of Frank W. Linsenbach, Jr, thence along land of Frank W. Linsenback, Jr North 33 degrees 46 minutes 00 seconds East 202.47 feet to an iron pin; thence along land of Agnes King South 45 degrees 21 minutes 00 seconds East 148.28 feet to an iron pin; continuing North 73 degrees 30 minutes 00 seconds East 332.29 feet to an iron pin; continuing North 64 degrees 5 5 minutes 00 seconds East 119.12 feet to an iron pin; continuing North 55 degrees 46 minutes 00 seconds East 236.80 feet to an iron pin and corner of Lot 5; thence along Lot 5 South 14 degrees 48 minutes 54 seconds East to a point at corner of private right of way; thence along Lot 5 North 72 degrees 29 minutes 46 seconds East 410.92 feet to a point; continuing North 41 degrees 19 minutes 09 seconds East 445.18 feet to the center line of Crains Gap Road; thence along center line of said road South 55 degrees 06 minutes 00 seconds East 50.32 feet to a point; thence South 41 degrees 19 minutes 09 seconds West 26.61 feet to a point; thence continuing along the same course and land of Dennis J. Kelleher 376.35 feet to a concrete monument; continuing 61.80 feet to a point; thence along the northern boundary of Lot 4, South 72 degrees 29 minutes 46 seconds West 424.86 feet, thence South 13 degrees 38 minutes 45 seconds East 464.85 feet to place of Beginning. Subject to any restrictions, easements and/or restrictions that pertain to this property. TITLE TO SAID PREMISES IS VESTED IN James M. McNally, by Deed from John R. Deremer and Norma C. Deremer, h/w, dated 05/02/2000, recorded 05/02/2000, in Deed Book 220, page 416. PREMISES BEING: 1016 CRANES GAP ROAD, CARLISLE, PA 17013-9676 PARCEL NO. 29-05-0427-042C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3508 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From JAMES M. MCNALLY (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 $279,519.69 L.L. Interest from 12/11/08 ($45.95 per diem) -- $24,767.05 Atty's Comm % Due Prothy $2.00 Arty Paid $1,342.92 Plaintiff Paid Date: 12/15/09 I l Other Costs (Seal) REQUESTING PARTY: By: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 90134 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?15-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Vs. JAMES M. MCNALLY R rlCE tF THE PP,0r 0!i?'ARY 2010 FEB -4 AM 10: 41 ODU j PE::NNSS`ANA : COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : NO. 08-3508 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO Pa.R-C-P. 404(21T The undersigned attorney hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to Defendant, JAMES M. MCNALLY at P.O. BOX 404, MALVERN, OH 44644. The Notice of Sale was received by Defendant, JAMES M. MCNALLY, on JANUARY 25, 2010 as evidenced by the attached Return Receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: - ? ? [:0 PH" ?IHALLINAN & SCHMIEG, LLP B Lawrence T. Phelan, Esq., Id. No. 32227 ,-fr-ancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq, Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq, Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness Esq., Id. No. 90134 Chrisovalante P. Ffiakos, Esq, Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 20837 Attorneys for Plaintiff 7178 2417 6099 0045 9551 3 / SPL JAMES M. MCNALLY PO BOX 404 MALVERN, OH 44644-0000 --fold here (regular) -- fold here (60) --fold here (regular) UNfMDSTATES 42POSTAL SERVICE.. Date Produced: 02/01/2010 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified Mail TM item number 7178 2417 6099 0045 9551. Our records indicate that this item was delivered on 01/25/2010 at 01:34 p.m. in MALVERN, OH, 44644. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 46699 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/K/A CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION N JAMES M. MCNALLY No. 08-3508 CIVIL TERMT Defendant(s) z ?. C^ r; . -? AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1' ; to co COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY ) SS: -"' J rn As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to LiejWolde;s 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 Ex VE, ? Lawrence T. Po. 32227 ? Franci s S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? J B. Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: ? - Z-? - (c7 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 179413 r LL u C C C tL G u F t C a_ C) -j C) J v s? o u) as as j L 3 c0 ? 5 m a OA Y Y s = 'D l (Lr 0a ii i Nz E < ? U w z m¢C ? o c CD LL =. E N dW ' 7 3 r a5i . ,1 .. E ? 033 vj? 6046 to 4 0 O ?I?J /F` C W ? $ g ?b B? E g H ?y pp ? O ? 3K -SarEEm. m= mE c Ma QCQ E , ?S a O l ?i k M •$ ooA r ".r3 m b-$2 3+ c m a ' a i m 'c W ?m t) Z `o ? Z g ?? 0 CL co 0 W o Q. c. aE. cc y to td ? ti V _? a d dti + a ?' _ ..d x d w Q } yp a? r !T d? O? ` d = 3 3 QLU J ai y ZCL Q t? y ?'U3 O dw o O a.ia: O a y ' N in G ZxCD V y :3 oca 7 m r = o >C ? v° r .c7 o a ?•a 3 , C d? a ' [ ^^' p=? 'd ~WQ JCL ?Y iC v Z c d Q: Ca Q v 3 cN " x 3 c ? N^ Z YJJ N a i gW O Z ck. = y Le .e ON :y °..+ u 00 03 8 evrx c -J w Q ?d g V_ Q J z,d m.co.- E Ez E,?my t 00 .m •r o E E wU •a c?.?,, ; U : 3 ? ?U?;?o L mV n• t??? -, v m Z? cc z W oQ -C) t- z o =M M dV c 6 0 o m m 00im:X . o OA m S 0M ?oo P o ..Ok-4 .04 os 0 A zNQ a?0 ui o? w . ? ? E Q z a? ! c N t LO ? J Z gg C r N M Lf) to 1- Go a, D " R is ZS SHER PS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4FFtCf OF THE SRERIFF FILE' 1 :- t,F l? r s r M ^f' 2010 J1,11- 16 f ' 10: - i ? " J?''V f 1 BAC Home Loans Servicing, L.P. Case Number vs. 2008-3508 James M McNally HERIFF'S RETURN OF SERVICE 03/30/2010 08:40 PM - Shawn Ha son, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 2035 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 James M. McNally, located at 1016 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania according to law. 03/30/2010 08:40 PM - Ronny R. A derson, Sheriff, who being duly swom according to law, states that he made a diligent search and inq iry for the within named defendant to wit: James M. McNally, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as tot a defendant, James M. McNally, House is vacant, defendant did not leave a forwarding address at p st office. 06/03/2010 Ronny R. Anderson, S riff, who being duly swom according to law, states that after due and legal notice had been given accordi g to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the s m of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX 752 5, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 761.37 SHERIFF COST: $761.37 SO ANSWERS, June 30, 2010 RON R ANDERSON, SHERIFF t?. 00 rd. ? . 0,00 Co- Gk-0 -7 -2.;t If 04 dV5 301, (c) CountySutte Shenff, Teleosoft, Inc. BA(j 40ME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LO.AiS SERVICING, L.P. , V. JAMES M. MCNALLY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3508 CIVIL TERM CUMBERLAND COUNTY 1 BAC HOME LOANS SERVIC action, by the undersigned attorney, sets for the real property located at 1016 CRANES 1. 2. 3. 4. 5. 6. Name and address of Owner(s) or Name JAMES M. MCNALLY Name and address of Defendant(s) i Name SAME AS ABOVE Name and last known address of e, Name None. Name and address of last recorded Name PNC BANK, NATIONAL Name and address of every other Name None. Name and address of every other Name , L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P.., Plaintiff in the above of the date the Praecipe for the Writ of Execution was filed, the following information concerning ' ROAD, CARLISLE, PA 17013-%76. Owner(s): i the judgment: Address (if address cannot be reasonably ascertained, please so indicate) 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 Address (if address cannot be reasonably ascertained, please so indicate) judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please indicate) ler of every mortgage of record: Address (if address cannot be reasonably ascertained, please indicate) TION 4242 CARLISLE PIKE CAMP HILL, PA 17001 who has any record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) who has any record interest in the property and whose interest may be affected by the sale. Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program I verify that the statements information and belief. I understa 4904 relating to unworn falsifica December 10, 2009 1016 CRANES GAP ROAD CARLISLE, PA 17013-9676 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 ade in this affidavit are true and correct to the best of my personal knowledge or that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § in to authorities. C4 By: %-AK*Vt.L M r ? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ??+?ndrew L. Spivack, Esq., Id. No. 84439 (Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, LOANS SERVICING, L.P. ., F/K/A COUNTRYWIDE HOME Plaintiff JAMES M. MCNALLY LYNNE MCNALLY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 08-3508 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) . TO: JAMES M. MCNALLY 1016 CRANES GAP RC CARLISLE, PA 17013-5 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT P SE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD N DT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 016 CRANES GAP ROAD, CARLISLE, PA 17013-9676 is scheduled to be sold at the Sheriff's Sale on 06/02 010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enf a the court judgment of $279,519.69 obtained by BAC HOME LOANS SERVICING, L.P., F/K/A COUNTR WIDE HOME LOANS SERVICING, L.P. (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 To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancel d if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. T find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to sto the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly a ered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able t? 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 not ce on page two on how to obtain an attorney.) 1. If the Sheriff's Sale is not stop ed, 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 th? Court to set aside the sale if the bid price was grossly inadequate compared to the value of your pfoperty. 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-A63-7000. 4. If the amount due from the Bu er 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 i# 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 distribution of the money bid for 1 the sale. The schedule shall be ke office. This schedule will state W. with this schedule unless exceptio within ten (10) days after the filin, 7. You may also have other ri after the sale. YOU SHOULD TAKE THIS P LAWYER OR CANNOT AFFI TO FIND OUT WHERE YOU f the money which was paid for your house. A proposed schedule of ?ur house will be prepared by the Sheriff not later than thirty (30) days after t on file with the sheriff and will be made available for inspection in his 1) will be receiving that money. The money will be paid out in accordance s (reasons why the proposed distribution is wrong) are filed with the Sheriff of the proposed schedule. and defenses, or ways of getting your home back, if you act immediately [t TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW GET LEGAL HELP. ND COUNTY BAR ASSOCIATION LAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I SHORT DESCRIPTION I By virtue of a Writ of Execution NO. 08-3508 CIVIL TERM BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. JAMES M. MCNALLY owner(s) of property situafe in the Cumberland County, Pennsylvania, being (Acreage or street address) Improvements thereon: SIDENTIAL DWELLING JUDGMENT AMOUNT: 279,519.69 Phelan Hallinan & Schmieg, Attorney for Plaintiff 1617 JFK Boulevard, Suite 14 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of and in North Middleton Township, Cumberland County, Pennsylvania, being Lot 3 of the Subdi ision Plan of Martin J. Hamiah recorded in Plan Book 53, Page 980 bounded and described follows: BEGINNING at an iron in at comer of Lots 3 and 4 and land of Robert Vaughn, thence along land of said Robert Vaughn uth 45 degrees 00 minutes 09 seconds West 245.00 feet to corner of Lot No. 2 and existing iron p ; thence along Lot 2 North 31 degrees 34 minutes 15 seconds West 618.37 feet to an iron pin; contin ' g South 83 degrees 16 minutes 26 seconds West 475.74 feet to an iron pin and Lot 1; thence alo g Lot 1 North 28 degrees 10 minutes 23 seconds West 137.00 feet to an iron pin in a stump and 1 d of Frank W. Linsenbach, Jr, thence along land of Frank W. Linsenback, Jr North 33 degrees 46 utes 00 seconds East 202.47 feet to an iron pin; thence along land of Agnes King South 45 de es 21 minutes 00 seconds East 148.28 feet to an iron pin; continuing North 73 degrees 30 min tes 00 seconds East 332.29 feet to an iron pin; continuing North 64 degrees 55 minutes 00 seconds 119.12 feet to an iron pin; continuing North 55 degrees 46 minutes 00 seconds East 236.80 feet an iron pin and comer of Lot 5; thence along Lot 5 South 14 degrees 48 minutes 54 seconds East o a point at corner of private right of way; thence along Lot 5 North 72 degrees 29 minutes 46 nds East 410.92 feet to a point;. continuing North 41 degrees 19 minutes 09 seconds East 445.18 f t to the center line of Crains Gap Road; thence along center line of said road South 55 degrees 06 minutes 00 seconds East 50.32 feet to a point; thence South 41 degrees 19 minutes 09 seconds We 26.61 feet to a point; thence continuing along the same course and land of Dennis J. Kelleher 376.3 feet to a concrete monument; continuing 61.80 feet to a point; thence along the northern bounduy of Lot 4, South 72 degrees 29 minutes 46 seconds West 424.86 feet, thence South 13 degrees 8 minutes 45 seconds East 464.85 feet to place of Beginning. Subject to any restrictiono, easements and/or restrictions that pertain to this property. 1TILE TO SAID PREMISES IS VESTED IN James M. McNally, by Deed from John R. Deremer and Norma C. eremer, h/w, dated 05/02/2000, recorded 05/02/2000, in Deed Book 220, page 416. PREMISES BEING: 1015 CRANES GAP ROAD, CARLISLE, PA 17013-9676 PARCEL NO. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH COUNTY OF CUMB PENNSYLVANIA) NO 08-3508 Civil CIVIL ACTION - LAW TO THE SHERIFF OF To satisfy the debt, COUNTRYWIDE HQ From JAMES M. M (1) You are direr (2) You are also di of GARNISHEE(S) as MBERLAND COUNTY: Brest and costs due BAC HOME LOANS SERVICING LP, Vk/a LOANS SERVICING, LP, Plaintiff (s) (ALLY to levy upon the property of the defendant (s)and to sell SEE LEGAL to attach the property of the defendant(s) not levied upon in the possession and to notify the garnish e(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 de endant(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 enjoin as above stated. Amount Due $279,519.6 Interest from 12/11/08 Atty's Comm % Atty Paid $1,342.92 Plaintiff Paid Date: 12/15/09 (Seal) REQUESTING PARTY: Name: JAIME McGUIP Address: PHELAN HAI 1617 JFK BOI ONE PENN C Attorney for: PLAINT Telephone: 215-563-71 Supreme Court ID No. L.L. per diem) -- $24,767.05 Due Prothy $2.00 Other Costs 3, ESQUIRE 1,N & SCHMIEG, LLP ARD, SUITE 1400 :R PLAZA PA 19103 134 Deputy 4 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 1016 Cranes Gap Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator bE :g V 9 { 030 01 Vd?183HS 314 130 331AA0-1 CIVIL ACTION BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. -vs- James M. Mcnally No. 08-3508 ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION BAC HOME LOANS S RVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., here nafter called Assignor, for and in consideration of the sum of $1,065.06 receipt of which is hereby acknowledged, do(es) hereby sell, assign, transfer and set over unto FANNIE MAE title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on June 2, 20101 in the above caption?d proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set his hand and seal, this 4h of June 2010, intending thereby to be legally bound. Y??Mkk,4' (SEAL) Notary Public COMMONWEALTH OR PENNSYLVANIA NOTARIAL EAL NORA M. FERRER, Notary Public City of Philadelphia, Phila. County My Commission Expires November 22, 2013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Un er Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH F PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coy e, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being d y sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodic published in the Borough of Carlisle in the County and State aforesaid, was established January , 1952, and designated by the local courts as the official legal periodical for the public tion of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the sal County, and that the printed notice or publication attached hereto is exactly the same as wasrinted in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 1 , Aril 23, and April 30, 2010 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 ctice or advertisement, and that all allegations in the foregoing statements as to time, pl ce and character of publication are true. Wrk No. 2008-3sos CM I isa Marie Coyne, itor BAC Home Loans Servicin , L.P. F/K/A Countrywide Home Loans Servicing, L. P SWORN TO AND SUBSCRIBED before me this . VS. 30 day of Aril 2010 James M. McNally J Atty: Daniel G. Schmieg By virtue of a Writ of Exec ution NO. 08-3508 CIVIL, COUNTRY IDE Notary HOME LOANS SERVICING L.P. vs. JAMES M. McNALLY, L NNE McNALLY, owners of property situ- ate in North Middleton To ship, Cumberland County, Pennsylv ania, being 1016 CRANES GAP R OTARIAL SEAL AD, CARLISLE, PA 17013-9676. ORAH A COLLINS Parcel No. 29-05-0427-042 l Notary public F oWnwamords thereon: RES TIAL UIa,1.iMG. _ ND C UGH, CUMBERLA CARLISL JUDGbOM AMOUNT: 519- sion Expires Apr 28, 2014 .69. • The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 the atriotwXtw s Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 Writ No. 2008-3508 Civil Term BAC Home Loa Servicing, Loans F/WA Countrywide Servicing, L.P. Vs. James M McNally Atty: Daniel G Schmleg By virtue of a Writ of Execution NO. 08-3508 CIVILTERM COUNTRYWIDEHOMELOANS SERVICING, L.P. r VS. JAMES M. MCNALLY LYNNE MCNALLY Owner(s) of property situate in North Middleton Township, Cumberland County, Pennsylvania, being (Municipality) 1016 CRANES GAP ROAD, CARLISLE, PA 17013-9676 Parcel No. 29-05-0427-042C (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $29,519.69 04/23/10 04/30/10 LF ....... _ ............ . Sworn to d ubscribed before me tis 8 d y f .May, 2010 A.D. Notary Public COMMONWEATH -OF PENNSYLVANIA Notlift Scal Sherrie L. Klow, Notary Public Lower Paxton Twp., Dauphin County My Commission bones Nov. 26, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on PIA L, the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 15TH day of DECEMBER, A.D., 292009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3508, at the suit of BAC HOME LOANS SER L P against JAMES M MCNALLY is duly recorded as Instrument Number 201019109. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this (r day of A.D. .3-o f of Deeds Recorder of Deeds, tarnbedand CatF44 Caf lste, PA My Comnissw E*m the Fret Monday of Jan. 2014