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Home My WebLink About09-0616 of 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 197197 COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS PLANO, TX 75024 CIVIL DIVISION Plaintiff TERM ?l VI' v. NO. ? j - CUMBERLAND COUNTY JAMES BRENNAN A/K/A JAMES D. BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 197197 f NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET 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 (717) 249-3166 File #: 197197 6. The following amounts are due on the mortgage: Principal Balance $96,282.00 Interest $7,402.14 02/01/2008 through 02/03/2009 (Per Diem $20.06) Attorney's Fees $1,300.00 Cumulative Late Charges $391.38 01/08/2008 to 02/03/2009 Cost of Suit and Title Search 750.00 Subtotal $106,125.52 Escrow Credit $0.00 Deficit $1,902.74 Subtotal $1,902.74 TOTAL $108,028.26 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. 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 #: 197197 1. Plaintiff is COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES BRENNAN A/K/A JAMES D. BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/08/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIDELITY HOME MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200801169. 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 03/01/2008 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 #: 197197 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured- WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $108,028.26, together with interest from 02/03/2009 at the rate of $20.06 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 CHMIEG, LLP By: Lawrence T. P elan, Esquire /1~'rancis S. Hallinan, Esquire ez,,Cp? 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 Attorneys for Plaintiff File #: 197197 r LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit': BEGINNING at an iron pin (set) an the Northern side of East Beale Avenue (50 feet vide) at the comer of Lot No. 39 on the here-in-after mentioned plan of Lots; thence by Lot No. 39 North 33 degrees 43 minutes 00 seconds West a distance of one hundred fifty (150) feet to an Iran pin (set) on the Southem line of Sharon Alley (15 feet wide); thence by Sharon Alley North 50 degrees 00 minutes 00 seconds East a distance of %enty-five (26) feet to an iron pen (set) at Lot No. 37 on said Plan; therwe by Lot No. 37 South 33 degrees 45 minutes 00 seconds East a distance of one hundred fifty (150) feet to a drill hote; thence by East Beale Avenue South 58 degrees 00 minutes 00 seconds West a distance of twenty-five (25) feet to the place of BEGINNING. 6EIN0 Got No. 38 on the Plan of tots as laid out by Arthur R. Rupley and recorded In Cumberland County Deed Book "0°® Volume 6, page 600. HAVING THEREON ERECTED a two and one-half story trame dwelling house known as No. 9 East Beak Avenue. PREMISES: 9 EAST BEALE AVENUE TAX I.D. #: 09-15-1291-230 File #: 197197 L r 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. ttorney fo aintiff Z-z"g Y? DATE: ` 3 0 C") T ' m CO ni ?3 - 'v ? ag SHERIFF'S RETURN - REGULAR CASE NO: 2009-00616 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS BRENNAN JAMES KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRENNAN JAMES A/D/A BRENNAN JAMES D the DEFENDANT at 0018:50 HOURS, on the 10th day of February-, 2009 at 9 EAST BEALE AVE ENOLA, PA 17025 by handing to STEPHANIE BRENNEN WIFE OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 18.00 13.50 .00 10.00 day So Answers: '4??a e?- r R. Thomas Kline 02/11/2009 PHELAN HALLINAN & SCHMIEG By: A. D. t? r.a MIN ?"` mo caa t - 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 SERVICING, LP Plaintiff VS. JAMES BRENNAN A/K/A JAMES D. BRENNAN Defendant(s) ATTORNEY FOR PLAINTIFF : CIVIL DIVISION : COURT OF COMMON PLEAS : NO. CIVIL-09-616 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & S ieg, LLP Atto ey for Plaint By: Francis S. Halli ,Esquire Date: 02/02/2009 PHS #: 197197 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 SERVICING, LP Plaintiff VS. JAMES BRENNAN A/K/A JAMES D. BRENNAN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-616 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 BRENNAN A/K/A JAMES D. BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 Phelan Hallinan & Sc Attormevlfor Plaintiff By: , Francis S. LLP Date: 02/02/2009 VERIFICATION David Perez hereby states that he/she is A of COUNTRYWIDE HOME LOANS SERVICING, LP, servicing agent for Plaintiff, COUNTRYWIDE HOME LOANS SERVICING, LP, 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 ief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. `777 relating to unswom falsification to authorities. DATE: Title: dsMd Perez, Assistant Vice President Company: COUNTRYWIDE HOME LOANS SERVICING, LP File #: 197197 d Zl? A. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING, LP VS. JAMES BRENNAN A/K/A JAMES D. BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-616 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES BRENNAN A/K/A JAMES D. BRENNAN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $108,028.26 Interest - 02/04/2009 to 03/20/2009 9$ 02.70 TOTAL $108,930.96 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 17-? Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: In f- (At2 OL 01 1 Le- j- 17 PHS # 197197 PRO PROTHY N 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 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. CIVIL-09-616 JAMES BRENNAN, A/K/A CUMBERLAND COUNTY JAMES D. BRENNAN Defendant(s) TO: JAMES BRENNAN, A/K/A JAMES D. BRENNAN - 9 EAST BEALE AVENUE' ENOLA, PA 17025-2804 DATE OF NOTICE: March 3, 2009 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 MARLENE POWERS Legal Assistant PHS # 197197 .06 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP VS. JAMES BRENNAN A/K/A JAMES D. BRENNAN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-616 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES BRENNAN A/K/A JAMES D. BRENNAN is over 18 years of age and resides at 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. . r Daniel G. Schmieg, Esquire Attorney for Plaintiff A ?.J c? Fy.?. -z? c4 C' N uj r W Q (Rule of Civil Procedure No. 236) - Revised COUNTRYWIDE HOME LOANS SERVICING, LP : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. JAMES BRENNAN A/K/A JAMES D. BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 : CIVIL DIVISION : No. CIVIL-09-616 Notice is given that a Judgment in the above captioned matter has been entered against you on _qP -g-fi* - By: -DEPbT" If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** ..- 14.. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDEMOME LOANS SERVICING, LP Plaintiff, V. No. CIVIL-09-616 JAMES BRENNAN A/K/A JAMES D. BRENNAN Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $108,930.96 Interest from 3/21/2009-9/2/2009 $3,014.56 and Costs (per diem -$18.16) TOTAL $111,945.52 DANIEL G. SCHMI SQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 197197 O d ow via. a ?r wx? 0 p °Q gy ? o a? a Q d w "? w? ?o V V ? d Z ti d w 14 4 w? w? o? ?o Q,, o a? U OA v N ut? c r d a F d O W W d P64 ? O d A w 16 d s -%k LEGAL DESCRIPTION ALL THAT CERTAIN of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at an iron pin (set) on the Northern side of East Beale Avenue (50 feet wide) at the corner of Lot No. 39 on the here-in-after mentioned Plan of Lots; thence by Lot No. 39 North 33 degrees 43 minutes 00 seconds West a distance of one hundred fifty (150) feet to an iron pin (set) on the Southern line of Sharon Alley (15 feet wide); thence by Sharon Alley North 56 degrees 00 minutes 00 seconds Ease a distance of twenty-five (25) feet to an iron (set) at Lot No. 37 South 33 degrees 45 minutes and 00 seconds East a distance of one hundred fifty (150) feet to a drill hole; thence by East Beale Avenue South 56 degrees 00 minutes 00 seconds West a distance of twenty-five (25) feet to the place of the BEGINNING. BEING Lot No. 38 on the Plan of Lots as laid out by Arthur R. Rupley and recorded in Cumberland County Deed Book "o" Volume 6, page 600: HAVING THEREON ERECTED a two and one-half story frame dwelling known as NO.9 East Beale Avenue. UNDER AND SUBJECT to all easements, reservations, restrictions, and rights of way of record. Vested by Special Warranty Deed, dated 01/08/2008, given by Francis D. Hockenbraugh and " Susan M. Hockenbraugh; husband & wife, to James,Brennan, a single man, and recorded 1/11/2008 Instrument # 2'00801168 PREMISES BEING: 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 PARCEL NO. 09-15-1291-230 e ON _ FILCH:- c " THE 2009 MAY 21 AM 10: L (I ?? f f rv ? a. ?lLB.Sv - jq ' •? 4r s? eK-st 8674Y4m X23- .22sq7 .4. iZc-a,L &4t4f- 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 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, V. JAMES BRENNAN A/K/A JAMES D. BRENNAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-616 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () ;Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. 1 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff TAR .7 114,E ? Y 2L"0 3 '(iA ! J 2 I Ail J• 1. J Uli? L. ",.'?1 fi ti BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JAMES BRENNAN A/K/A JAMES D. BRENNAN NO. CIVIL-09-616 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, 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,9 EAST BEALE AVENUE, ENOLA, PA 17025-2804. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JAMES BRENNAN 9 EAST BEALE AVENUE A/K/A JAMES D. BRENNAN ENOLA, PA 17025-2804 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 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) None '`s. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 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 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 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 made in this affidavit are true and correct to the best of my personal knowledge or infof'mation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsifi uthorities. May 18, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 2009 AT 21 Ail 10= 14- 9 Gul'r: Y BAC HOME LOANS SERVICING, LP F/K/A CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, LP : Plaintiff, No. CIVIL-09-616 V. JAMES BRENNAN A/K/A JAMES D. BRENNAN Defendant(s). May 18, 2009 TO: JAMES BRENNAN A/K/A JAMES D. BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $108,930.96 obtained by BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (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, cosCs 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. 1 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 (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 Sheriffs 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 LEGAL DESCRIPTION ALL THAT CERTAIN of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follow, to wit: BEGINNING at an iron pin (set) on the Northern side of East Beale Avenue (50 feet wide) at the corner of Lot No. 39 on the here-in-after mentioned Plan of Lots; thence by Lot No. 39 North 33 degrees 43 minutes 00 seconds West a distance of one hundred fifty (150) feet to an iron pin (set) on the Southern line of Sharon Alley (15 feet wide); thence by Sharon Alley North 56 degrees 00 minutes 00 seconds Ease a distance of twenty-five (25) feet to an iron (set) at Lot No. 37 South 33 degrees 45 minutes and 00 seconds East a distance of one hundred fifty (150) feet to a drill hole; thence by East Beale Avenue South 56 degrees 00 minutes 00 seconds West a distance of twenty-five (25) feet to the place of the BEGINNING. BEING Lot No. 38 on the Plan of Lots as laid out by Arthur R. Rupley and recorded in Cumberland County Deed Book "o" Volume 6, page 600. HAVING THEREON ERECTED a two and one-half story frame dwelling known as NO.9 East Beale Avenue. . UNDER AND SUBJECT to all easements, reservations, restrictions, and rights of way of record. Vested by Special Warranty Deed, dated 01/08/2008, given by Francis D. Hockenbraugh and Susan M. Hockenbraugh; husband & wife, to James Brennan, a single man, and recorded 1/11/2008 Instrument # Y100801168 PREMISES BEING: 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 PARCEL NO. 09-15-1291-230 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-616 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP. VS. JAMES BRENNAN A/K/A JAMES D. BRENNAN owners of property situate in the EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 9 EAST BEALE AVENUE. ENOLA. PA 17025-2804 Parcel No. 09-15-1291-230 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire Z t r THE HID FAY 2 1 Ail 10: 49 i?i??'a.... 1„f•ti`i tf WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-616 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 BRENNAN A/K/A JAMES D. BRENNAN (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 $108,930.96 L.L. $.50 Interest FROM 3/21/2009 - 9/2/2009 (PER DIEM - $18.16) - $3,014.56 AND COSTS Atty's Comm % Atty Paid $168.50 Plaintiff Paid Date: MAY 21, 2009 Due Prothy $2.00 Other Costs C s R. Lo , onot (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CUMBERLAND COUNTY No. CIVIL-09-616 Aphs. #197197 DEFENDANT(S) JAMES BRENNAN A/K/A JAMES D. 13RENNAN Type of Action - Notice of Sheriff's Salk SERVE JAMES BRENNAN A/K/A JAMES D. BRENNAN AT: 9 EAST BEALE AVENUE Sale Date: SEPTEMBER 2, 2009 ENOLA, PA 17025-2804 SERVED Served and made known to J *M eS P /2 EU N * ( , Defendant, on the Is-r day of ,J tk N F-- , 200_t at a%'21 ,o'clock P.m.,at`9 F_AST E?F*G0 hE-w0r-t F-NO 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 r40S Height 6 I Weight 06 Race W Sex M Other Commonwealth 4W -t.P M6 1-L a competent adult, being duly sworn according to law, depose and state t*t 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. KIMBERLY CURTY Sworn to and subscribed NOTARY PUBLIC before me this (St ay STATE OF N RSEY of G ov 200 My Commission Expir Ma 7,201 Nota PLEA MPT ERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of 200at o'clock _.m., Defendant NOT FOUND be?ause: Moved Unknown No Answer Vacant 1st Attempt: Time: 2"d Attempt: Time# 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - LD No. 62205 of 200_. One Penn Center at Suburban Stationk Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ,i a? I 1 -1 OF THE F .^"14{nn4?i?A?Y 2009 JUIN 15 A 10: 00 +4 + h Ji`v