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HomeMy WebLinkAbout09-1183 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Vfrancis 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. Shaft-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 198406 COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE. PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM 01 v1 ?( v. NO. dl _ Ilf3 GLENN R. SULLIVAN 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 Defendant CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 199406 1 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 #: 198406 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: GLENN R. SULLIVAN 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/04/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR A GREAT MORTGAGE COMPANY, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200806889. 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 08/01/2008 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 #: 198406 6. The following amounts are due on the mortgage: Principal Balance $153,648.61 Interest $6,172.01 .07/01/2008 through 02/26/2009 (Per Diem $25.61) Attorney's Fees $1,300.00 Cumulative Late Charges $276.00 02/04/2008 to 02/26/2009 Cost of Suit and Title Search 750.00 Subtotal $162,146.62 Escrow Credit $0.00 Deficit $693.13 Subtotal 693.13 TOTAL $162,839.75 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 Sheriff s 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 person am 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 #: 198406 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 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $162,839.75, together with interest from 02/26/2009 at the rate of $25.61 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: 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 Attorneys for Plaintiff File #: 198406 LEGAL DESCRIPTION ALL TgA.'>i CMAM tW- of land sitttato in the Bnv* of New Cuutb aUnd, CumbedvA County, urea, boucle d ad da MVW d 1D a=**Doa V ft a sw vW sad plan thereof made by W X Cowden, Re& surve,w, is September of145k as tblbwe: BEGIIQMG at a point on the sauthwastarly side of Brandt Avg (80 feet wide), lraarkcd by a pipe at the N aatedy tamms of a 15 foot radius curve which oonnem the said aide of Brandt Aveaue attd ft South iy side of Allen Strait (60 heat wide); thence cxtaAmS a1mg said 15 foot radius a4m W a JSQAWCAAly direction, tbe, arc &aum of 23.58 fdtt to a post of tangpM out the Soutlwtt+ iy side of All= SbW afteGRA therAe along the soma South 12 dagm= $7 a%WW 'wrest -27.89 feet to a pipe at a oo mer of W No 40 an the hap $er tnattloatod piss; tome alb sloe same S+vA 43 4cgrem 31 mlMIN Bag 105.751bet to a pipc at o along the same Sov& 46 degmes Z.4 minutes FEE 60 fba to a pipe at Mna of Lot. No. 42 on Wd plats; dwwa along the *zmv Raft 77 deg" 3 mimes West 82.32 fed to the point and plam of - MINMG. 0WO Lot No. 41, a plait of yasrest 1 Ob. as recorded in the C mbtaimd Cowaty Rea=ders 4 in plan Book No. 4, Page 54. pWWTcFC RFTFG: ] 337 RRANI)T AVFNQF TAX T.D. #: 96-74-(lima-i l a File #: 199406 . • t I hereby state that l ant 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 infoFmstion 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. See 4904 relating to unworn falsifications to authorities. DATE: 2- 2 6- oq ? 1 q ? (v ?I SHERIFF'S RETURN - REGULAR CASE NO: 2009-01183 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS SULLIVAN GLENN R JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SULLIVAN GLENN R was served upon the DEFENDANT , at 0009:53 HOURS, on the 19th day of March , 2009 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 GLENN SULLIVAN 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 Sworn and Subscibed to before me this of So Ans 18.00 6 4 . 8 0 .00 10.00 R. Thomas Kline .00 92.80 03/20/2009 PHELAN HALLINAN AND SCHMIEG By. I ?j? day Deputq, Sheriff A.D. t? No, r 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. GLENN R. SULLIVAN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1183 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 & Schmieg, LLP Attorne for Plaintiff EY w%W AQ& Francis S. Hallinan, Esquire Date: 04-06-09 PHS #: 198406 VERIFICATION ASSISTANT SECRETARY Sandra Williams hereby states that he/she is 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 belief. 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: Name: Sandra Williams, Assistant Secretary Title: Company: COUNTRYWIDE HOME LOANS SERVICING, LP File #: 198406 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. GLENN R. SULLIVAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-1183 : 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: GLENN R. SULLIVAN 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 Date: 04-06-09 Phelan Hallinan & Schmieg, LLP' Attorney for Plaintiff By: g4z-/-? ? Francis S. Hallinan, Esquire RLE 0, i' = IG OF T!,-"-- F L7 ?aT, RY 2009 APR -8 AM 11: 56 ??++?? >>yy,! I Y h 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 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS SERVICING LP VS. GLENN R. SULLIVAN 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-1183 PRAECIPE FOR IN REM.WDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GLENN R. SULLIVAN, 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 $162,839.75 Interest - 02/27/2009 to 04/23/2009 $1,434.16 TOTAL $164,273.91 I hereby certify that (1) the addresses of the Defendant(s) areitf shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy a d. 231 I,awrenc . 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 I,auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS k 198406 ?? PROTHONOTARY 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS SERVICING LP VS. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION GLENN R. SULLIVAN : No. CIVIL-09-1183 VERIFICATION OF NON-MILITARY SERVICE 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 GLENN R. SULLIVAN is over 18 years of age and resides at 1337 BRANDT AVENUE, NEW CUMBERLAND, PA 17070-1536. This statement is made subject to the penalties of 18L?.S. Section 4904 relating to unsworn falsification to authorities. 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 Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua L Goldman, Esquire Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised COUNTRYWIDE HOME LOANS SERVICING LP : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. GLENN R. SULLIVAN 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 : CIVIL DIVISION : No. CIVIL-09-1183 Notice is given that a Judgment in the above captioned matter has been entered against you on QM- L a- _ 2ao? By: If you have any questions concerning this 233 Lawrencc'1'. 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 Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING: TO COL L ECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTF,MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPF,RTY. * * 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 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING LP V. Plaintiff GLENN R. SULLIVAN Defendant(s) TO: GLENN R. SULLIVAN PO BOX 69 NEW CUMBERLAND, PA 17070-0069 DATE OF NOTICE: April 9, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-1183 CUMBERLAND COUNTY I- ' ?y t 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. Il1IPORTANT 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 198406 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 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING LP V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-1183 GLENN R. SULLIVAN Defendant(s) TO: GLENN R. SULLIVAN 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 DATE OF NOTICE: April 9, 2009 . CUMBERLAND COUNTY 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. ff"ORTANT 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 Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 198406 F ?t. Ir ,C (ry rItL iLL',- insp. ^"f=Pf F 1nQ Sj A ' 2- L, A fi: 41 4IAi. dv Pc-(- A44,f ?,?.? ?? 937g c,22 Y PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P.3180-3183 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff, , v. No. CIVIIr09-1183 GLENN R. SULLIVAN , Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $164,273.91 Interest from 4/24/2009-9/2/2009 $3,614.16 (per diem -$27.38) TOTAL $167,888.07 ^ R DANIEL G. SCHMIEG, ESQUIRE 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. I't 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. 198406 r n, i L!J " ' L N V la. Q c 4' 0 0 ° ? 4 Ind 0 00 ?-icORS oz d d> a ? a ? ?? z ad 0 w 0 oz Wz w0 `nA ? ? O>!W A O wW x?, o x V d a z w 0 v? W ? q o? H? w wo a w a b w 3 a a C7 w w? ?o M to O O t`a W v 3 z H as M M w a 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. . GLENN R. SULLIVAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1183 CERTIFICATION DA'i,4IEL 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 Q 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. DANIEL G. S MIEG, ESQUIRE Attorney for Plaintiff it ALFD-'1 `-'F OF TIHIIIE FPO'-` 4 .IN BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION GLENN R. SULLIVAN Defendant(s). _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,1337 BRANDT AVENUE, NEW CUMBERLAND, PA 17070-1536. AFFIDAVIT PURSUANT TO RULE 3129.1 1. Name and address of Owner(s) or reputed Owner(s): Name NO. CIVIL-09-1183 Address (if address cannot be reasonably ascertained, please indicate) GLENN R. SULLIVAN 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 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 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 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 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 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 information and belief. I understand that fal eme herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsi ication to authorities. May 19, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff FIFO:;-i-"{-= T 1' r ; j000 11,111 i' 191 I ttr'; f 1 i BAC HOME LOANS SERVICING, LP F/K/A CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, LP : Plaintiff, No. CIVIL-09-1183 V. GLENN R. SULLIVAN Defendant(s). May 19, 2009 TO: GLENN R. SULLIVAN 1337 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1536 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY. ** Your house. (real estate) at, 1337 BRANDT AVENUE, NEW CUMBERLAND, PA 17070- 1536, 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 court judgment of $164,273.91 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, 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 PF 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 giv6s 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 FAKE 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 tract of land situate on the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by W.K. Cowden, Reg. Surveyor, in September of 1958, as follows: BEGINNING AT A POINT ON THE SOUTHWESTERLY SIDE OF BRANDT AVENUE (60 FEET WIDE), MARKED BY A PIPE AT THE NORTHEASTERLY TERMINUS OF A 15 FOOT RADIUS CURVE WHICH CONNECTS THE SAID SIDE OF BRANDT AVENUE AND THE SOUTHWESTERLY SIDE OF ALLEN STREET (50 FEET WIDE); THENCE EXTENDING ALONG SAID 15 FOOT RADIUS CURVE IN A SOUTHWESTERLY DIRECTION, THE ARC DISTANCE OF 23.56 FEET TO A POINT OF TANGENT ON ]'HE SOUTHEASTERLY SIDE OF ALLEN STREET AFORESAID; THENCE ALONG THE DAME SOUTH 12 DEGREES 57 MINUES WEST 27.67 FEET TO A PIPE AT A CORNER OF LOT NO. 40 ON THE HEREINAFTER MENTIONED PLAN; THENCE ALONG THE SAME SOUTH 43 DEGREES 31 MINUTES EAST 105.75 FEET TO A PIPE CORNER; THENCE ALONG THE SAME SOUTH 46 DEGREES 29 MINUES EAST 60 FEET TO A PIPE AT CORNER OF LOT NO. 42 ON SAID PLAN; THENCE ALONG THE SAME NORTH 77 DEGREES 3 MINUTES WEST 82.32 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOT No. 41, a plan of Forrest Hills, as recorded in the Cumberland County Recorders office in Plan Book No. 4, Page 54. i Vested by Special Warranty Deed, dated 12/16/1998, given by Francis T. Morrisey alk/a Francis T. Morrissey and Frances Morrisey a/k/a Frances Morrissey, husband and wife to Glenn R. Sullivan, married man and recorded 1/7/1999 in Book 192 Page 503 Instrument # 1999-000543 PREMISES BEING: 1337 BRANDT AVENUE, NEW CUMBERLAND, PA 17070-1536 PARCEL NO. 26-24-0809-117 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-1183 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP VS. GLENN R. SULLIVAN owners of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 1337 BRANDT AVENUE NEW CUMBERLAND PA 17070-1536 Parcel No. 26-24-0809-117 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1183 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 GLENN R. SULLIVAN (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 $164,273.91 L.L. $.50 Interest from 4/24/09 - 9/02/09 (per diem - $37.38) - $3,614.16 Atty's Comm % Due Prothy $2.00 Atty Paid $219.80 Plaintiff Paid Date: 5/21/09 Other Costs Curtis R. Long, Aonota (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG By: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 ~~ 05~oo9y ~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. GLENN R. SULLIVAN Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-1183 Defendant RULE AND NOW, this (~ '~ day of ~vre~`' 2009, a Rule is entered upon the Defendant -~ to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~~.- ~ ~ ~ 7_ r7 d~<~r Rule Returnable . 'n the Main- om of the Cum ;-I'ennsy~lvani~.- ~chele M. Bradford, Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ~ GLENN R. SULLIVAN 1337 BRANDY AVENUE NEW CUMBERLAND, PA 17070-1536 eo~~~~.~~~(~ ~/~~~q ~NN R. SULLIVAN PO BOX 69 NEW CUMBERLAND, PA 17070-0069 198406 L. 4"iL '_ _,- y" ~ ~ ' "'r~;~Y 2DD9 ~~! ~ -u ~~'i f 1 ~~; ~~^^^^ _,; ,r iTr