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Home My WebLink About09-1892PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER ERIE INSURANCE EXCHANGE COMMON PLEAS COURT OF AS SUBROGEE OF DAVID ROSS CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 / NO. 69 VS. NATHANIEL WRIGHT 455 N. WEST STREET CARLISLE, PA 17013 CIVIL ACTION 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. Court Administrator 4th Floor, Cumberland Carlisle, PA 17013 (717) 240-6200 County Courthouse Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dies de plazo a part r de Ia fecho de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte sus defenses o sus objeciones a las demandas enoontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio que espedido on la peticion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER ERIE INSURANCE EXCHANGE AS SUBROGEE OF DAVID ROSS P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 619- I F9d, NATHANIEL WRIGHT 455 N. WEST STREET CARLISLE. PA 17013 CIVIL ACTION NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMPLAINT The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire, bring action upon a cause whereof the following is a statement: The Plaintiff, Erie Insurance Exchange ("Plaintiff'), is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of David Ross herein the ("Insured") under a policy of insurance, issued by Plaintiff. 2. Defendant, Nathaniel Wright, is an individual residing at 455 N. West Street, Carlisle, PA 17013. 3. On or about January 3, 2008, a motor vehicle owned and operated by the Defendant, Nathaniel Wright was stopped at a stop sign to exit the K-Mart parking lot, South Middleton Township, Pennsylvania, when he attempted to make a left turn onto Eastgate Drive and pulled out into the path of Plaintiffs Insured causing the damages hereinafter set forth. 4. Plaintiff avers that the personal property of the Insureds was damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is Four Thousand Seven Hundred Forty Nine and 61/100 ($4,749.61) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars plus the costs of a rental vehicle being Four Hundred Twenty and 00/100 ($420.00) Dollars for a total of Five Thousand Six Hundred Sixty Nine and 61/100 ($5,669.61) Dollars. 5. The said occurrence was due to the negligence of the Defendant Nathaniel Wright, in that he: a. did fail to have the motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; C. did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions; f. did fail to keep a reasonable lookout for other vehicles lawfully on the road; g. did operate the motor vehicle without due regard for the rights, safety and position of the Insured at the point of aforesaid; h. failed to yield the right-of-way to the Insured; did operate the vehicle without Insurance; j. did fail to maintain financial responsibility; and k. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of York and Section 3323 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. Date: 34 3 O 4 aul F. 'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 VERIFICATION , Subrogation Specialist with Erie Insurance Exchange in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: -'? A /(- /V/S Subrogation Specialist l?/c7 iA A, AN tCc<<v s C? N ? r N ? _J w r? nt U co { Sheriffs Office of Cumberland County R Thomas Kline ?tp ®t ?'??6rr1a?? Edward L Schorpp Sheriff a r x Solicitor Ak Ronny R Anderson Jody S Smith Chief Deputy Of F iCE OF THE s"ER FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 03:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1530 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nathaniel Wright, by making known unto Mae Wright, mother of defendant at 455 N. Wes+ Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 March 30, 2009 SO ANSWERS, 00V ar d? R THOMAS KLINE, SHERIFF 2009-1892 ERIE INSURANCE EXCHANGE VS NATHANIEL WRIGHT By Deputy Sheriff OF "9M- WOW momt -! ON 0 2b "WVA&?' PAUL F. D-EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER ERIE INSURANCE EXCHANGE AS SUBROGEE OF DAVID ROSS P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 09-1892-CIVIL TERM NATHANIEL WRIGHT 455 N. WEST STREET CARLISLE, PA 17013 CIVIL ACTION STIPULATION TO DISCONTINUE AND END Plaintiff, Eire Insurance Exchange as subrogee of David Ross, and Defendant, Nathaniel Wright, hereby agree and mutually file this instant Stipulation to mark the above captioned matter "discontinued and ended" upon the following conditions: 1. Defendant admits that he is indebted to the Plaintiff in the amount of Five Thousand Six Hundred Sixty Nine and 61/100($5,669.61) Dollars. 2. The parties agree the Defendant will pay the Plaintiff the amount of amount of Five Thousand and 00/100($5,000.00) Dollars in monthly installments, the first in the amount of Four Hundred and 00/100 ($400.00) Dollars due upon signing and the remainder in monthly installments of Two Hundred and 00/100 ($200.00) Dollars beginning on or about the last business day of June 2009 and continuing monthly thereafter. 3. In the event of a default of the above listed monthly payment terms the entire sum described in paragraph 1 less any credits is immediately due and payable. 4. Defendant shall have the right to cure a default of any of the terms for ten days. 5. In conjunction with this Stipulation of Settlement there appears attached an Consent Order for Judgment which will be held in escrow to insure compliance with the terms of this instant Stipulation of Settlement. 6. After 10 days of uncured default Plaintiff shall cause the attached Consent Order for Judgment to be entered with the Court without further notice. 7. All parties agree that this settlement is final and binding on the parties and their heirs, representatives, agents and assigns and proceed with the knowledge that all parties will be barred from appealing or opening any judgment which may or may not be entered in accordance with the tennis of this instant stipulation and agreement. 8. Payments shall be made payable to the Law Office of Paul F. D'Emilio and sent .- to 905 West Sproul Road, Suite 105, Springfield, PA 19064. WE HEREBY STIPULATE AND AGREE TO THE ABOVE CONDITIONS OF SETTLEMENT By: Paul M. Schofield, Jr., Esquire Attorney for Plaintiff Date: By Nathaniel Wright Date: -?f -- ':?/- - o- 01, FILEC -OFrf ;E OF THE PPOTHONnTARY' 2009 JUN -4 Phi 2.4:7 CUMB ",?-4b WUNTY PENNIMAW s JUL 2' 201Q JUL 2 2 20i~t ERIE INSURANCE EXCHANGE AS SUBROGEE OF DAVID ROSS P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 09-1892-CIVIL TERM NATHANIEL WRIGHT . 455 N. WEST STREET CARLISLE. PA 17013 CIVIL ACTION ORDER AND NOW, this ~~ day of , 2010, upon consideration of Plaintiff s Motion it is hereby ORDERED and D CREED, that the Motion is GRANTED and judgment is entered in favor of the Plaintiff and against the Defendant Nathaniel Wright in the amount of Four Thousand Eight Hundred Sixty Nine and 61/100 ($4,869.61) Dollars. BY THE COURT ~i~s rr~~~ccC, -I--.~ ~- . Sc' lo~t~ ~ti.c~C-~ 7/~r..~ro ~i~ a( [~ N O .. ~' c~ ~+l -~ } , ~.,. l/ • ~'~ ~~ t 1 G [ . .~ ~ ~ In the Court of Common Pleas of Cumberland County BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 No. 09-784 q , ,, Plano, TX 75024 r v ri Plaintiff -Y~ ~ '~-- ~~ rn ~ ~° i~9 KATHRYN M. GEESAMAN r.s ~ `~; ~;'~ o (Mortgagor(s) and Record Owner(s)) ,-_ _. 508 East Orange Street `r` _ Shippensburg, PA 17257 -=_ _ =, m Defendant(s) 1 ~ _ r" ~' <:.. r.: ~=c c,. PRAECIPE FOR iUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WII,L BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against KATHRYN M. GEESAMAN in accordance with the summary judgment order dated 7/10/2010 Assess damages as follows: $235,005.71 Debt Interest from 9/30/2009 to Date of Sale per diem at $40.83 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE-IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 By: GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Krishna Murtha Pa. ID 61858 - David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff AND NOW °~ ~6 ~ ~ ,Judgment is entered in favor of BAC HOME LOANS SERVICIN , LP F COUNTRYWIDE HOME LOANS SERVICING LP and against KATHRYN M. GEESAMAN in accordance with the summary judgment order da /10/2010 and damages assessed in the sum of $235,005.71 as per thge~(above certification. /y.d d ~~ G~u''1 onotary ~~ ,38`3 ~ Q,~ ~c~,; S~ 9 /~Q~c e M-a-)lc~ Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. KATHRYN M. GEESAMAN (Mortgagors and Record Owner(s)) 508 East Orange Street Shippensburg, PA 17257 No. 09-7842 Defendant(s) THIS LAW FIRM LS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. David D. Buell Prothonotary of Cumberland County 1 Courthouse Square Cazlisle, PA 17013 Prothonotary By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 88886FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 8, 2009 TO: KATHRYN M. GEESAMAN GEESAMAN, KATHRYN M. 508 East Orange Street Shippensburg,PA 17257 In the Court of BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE Common Pleas HOME LOANS SERVICING LP of Cumberland County 7105 Corporate Drive PTX C-35 CIVIL ACTION -LAW Plano, TX 75024 Plaint ff Action of vs. Mortgage Foreclosure KATHRYN M. GEESAMAN (Mortgagor(s) and Record Owner(s)) Term 508 East Orange Street No. 09-7842 Shippensburg, PA 17257 Defendant(s) TO: KATHRYN M. GEESAMAN 508 East Orange Street Shippensburg, PA 17257 IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FII.E 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 IIvIPORTANT 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 HIltE 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 BAR ASSOCIATION 2 Libe[ty Avernie Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 88886FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: December 8, 2009 TO: KATHRYN M. GEESAMAN GEESAMAN, KATHRYN M. 248 Chestnut Drive Shippensburg, PA 17257 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. KATHRYN M. GEESAMAN (Mortgagor(s) and Record Owner(s)) 508 East Orange Street Shippensburg, PA 17257 TO: KATHRYN M. GEESAMAN 248 Chestnut Drive Shippensburg, PA 17257 Plaint Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Tenn No. 09-7842 IlVIPORTANT 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 IlVIPORTANT 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 HIkING 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 COUPITY BAR ASSOCIATION 2 L'betty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, KATHRYN M. GEESAMAN, is about unknown years of age, that Defendant's last known residence is c% Forest N. Myers, Esquire 137 Park Place West, Shippensburg, PA 17257, and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. Date: Barb Hand ~-~ ~ ~ o ~ ~ GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. KATHRYN M. GEESAMAN (Mortgagor(s) and Record owner(s)) 508 East Orange Street Shippensburg, PA 17257 Defendant(s) ORDER FOR iUDGMENT IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 09-7842 Please enter Judgment in favor of BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, and against KATHRYN M. GEESAMAN in accordance with the summary judgment order dated 7/10/2010 , in the sum of $235,005.71. By:~ GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 - David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 and that the name(s) and last known address(es) of the Defendant(s) is/aze KATHRYN M. GEESAMAN, c% Forest N. Myers, Esquire 137 Pazk Place West Shippensburg, PA 17257; gy. ~--- --r° GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 rDavid Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 05/01/2009 through 09/29/2009 Reasonable Attorney's Fee Late Chazges Costs of Suit and Title Seazch $216,765.67 $6,206.16 $10,838.28 $295.60 $900.00 $235,005.71 AND NOW, this °~0~ day of ;~}~ By: GOLDB CK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff 2010 damages are assessed as above. r Pr Prothy BAC HOME LOANS SERVICING, LP, FKA COUN'TRY~VIDE HOME LOANS SERVICING LP, Plaintiff v. KATHRYN M. GEESA-MAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-7842 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE OLER and EBERT JJ ORDER OF COURT AND NOW, this 7~' day of July, 2010, upon consideration of the attached letter from Forest N. Myers, Esq., attorney for Defendant, it is hereby ordered and directed that summary judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendant, with damages assessed in the amount of $235,005.71, together with interest from September 30, 2009, to the daze of Sheriff's Sale at the rate of $40.83 per day, and for foreclosure and sale of the mortgaged premises. BY THE COURT, mas I. Puled, Esq. ite 5000 Mellon Independence Center 70I Market Street Philadelphia, PA 19106-1532 Attorney for Plaintiff ~ ~ .t '` ~ :~' ~~.~ r / ~. Wesley Qler, Jr. Forest N. Myers, Esq. 137 Park Place West Shippensburg, PA 17257 Attorney for Defendant :rc ~~~c SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Ktine Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor BAC Home Loans Servicing, LP vs. Kathryn M. Geesaman ~o~wta aC ~Yr6tr~~, G-' ~`.~- ;* ~ ?tip OFFICE O~ 7k'E S~iNFF Case Number 2009-7842 SHERIFF'S RETURN OF SERVICE 11/1G/2009 01:15 PM -Jason Voraf, Corporal, who being duly sworn according to law, states that on November 16, 2009 at 1315 hours, he served a true copy of the whin Complaint in Mortgage For~acbsur+e, upon the within named defendant, to wit: Kathryn M. Geesaman, by making known unto Sandra Geesaman, adult it charge at 248 Chestnut Drive Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personalhl the said true and correct Dopy of the same. SHFJ2iFF COST: $4G.44 November 17, 2009 SO ANSWERS, R THOMAS KLiNE, SHERIFF KY Cariy&11e Sheriff. TwoaoR, lrlc, w '' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSU~) ~., P.R.C.P 3180- 3183 ~ ` Michael T. McKeever -~' ~? ~' f ~ __ c ~...., r_-- :~ y i~n ~--'~'_ Attorney LD.#56129 ~ r`.~ =-; ~?- Suite 5000 -Mellon Independence Center ~. r . ~ ~._' r°~, 701 Market Street '' '~ Philadelphia, PA 19106 r~ c._ ~ r? ~; 215-627-1322 .~': r 7 •° -~ Attorney for Plaintiff '-~ ~' BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. KATHRYN M. GEESAMAN Mortgagor(s) and Record Owner(s) 508 East Orange Street Shippensburg, PA 17257 TO THE PROTHONOTARY: Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 09-7842 PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: 9',L~(Ad e aL~"y eK# ~3~~ y /L~ ~y~s~ ~' l ~l, O 6 co~}`5 7~ sa ~' y~ . ~`~ ~~ N ~~ ~ l (, S, yy P,d ~~ 1 ~'~, b 6,pcti~ ~o. Amount Due Interest from 9/30/2009 to Date of Sale per diem at $40.83 (Costs to be added) $235,005.71 By:_ GOLDBECK MCCAFFERTY & MCKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 -~ David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff a ~ ¢ C7 w a a> o z~ ~ U N ~ , ~~~ w0 ~°o ~z'~ d z~ ox O WQ x x~ Q ra 0 V Z O ^ F z ~ Q ~ ~ Qo ~~ U W w _ W o ~d O ~~ ~a ° ° ~ ~°~ a 3 z~~ ~ a v~ W F ~°~ ~ W x o ~ Q a N H U ~. ~ ~ ~, ~U U ~~ o ~b ~~ y N ~ N *~ N ~b~a~ ~~x tCN ~ p ~ ~ ~ v ~ ~ a~~i ~ ~ N ~ I ~ ~ doo a bo o a~ CJ \~ ALL THAT CERTAIN lot of ground in the Development known as Hallwood Heights. SITUATE in the Borough of Shippensburg, Cumberland, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the curb line at corner of East Orange Street and Hollar Avenue; thence by East Orange Street North, 60 degrees 15 minutes East 112.45 feet to a stake at corner of land, now or formerly of Kenneth Smith and wife; thence by land of now or formerly, Kenneth Smith and wife South 43 degrees 45 minutes East, 150 feet to a stake at common comer of now or formerly, Kenneth Smith and Fasnacht; thence by Fasnacht land South 60 degrees 15 minutes West, 112.45 feet to a stake on curb line of Hollar Avenue; thence along Hollar Avenue North 44 degrees 43 minutes West, 150 feet to the place of beginning. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 508 East Orange Street Shippensburg, PA 17257 SOLD as the property of KATHRYN M. GEESAMAN TAX PARCEL #32-34-2413-177 BEING the same premises which Barbara Persun, as personal Representative of the Estate of Josiah E. Geesaman, Jr., late Dated 5/10/07 and recorded 5/11/07 in Book 279 page 4780 (partial interest) and Deed dated 01/28/82 and Recorded 03/01/82 in book 5-29 Page 77 by deed from Josiah E. Geesaman, Sr., widower and single man to Kathryn M. Geesaman and Josiah E. Geesaman,lr (deceased) Goldbeck IYIrCafferty & McKeever BY: 1M~chael T. McKeever Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. KATHRYN M. GEESAMAN (Mortgagor(s) and Record Owner(s)) 508 East Orange Street Shippensburg, PA 17257 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 09-7842 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff in the above action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 508 East Orange Street Shippensburg,PA 17257 1.Name and address of Owner(s) or Reputed Owner(s): KATHRYN M. GEESAMAN c/o Forest N. Myers, Esquire 137 Pazk Place West Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: KATHRYN M. GEESAMAN c/o Forest N. Myers, Esquire 137 Pazk Place West Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 F1LE.Ct-- = c -., V,. 201 v1~ii~ ~~ D11 ~~~ (~/ Cl,~?V' , ~u`r?Y of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Nam and address of the last recorded holder of every mortgage of record: MCCUNE LUMBER COMPANY INC. 80 West Burd Street Shippensburg, PA 17257 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 508 East Orange Street Shippensburg, PA 17257 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 INTERNAL REVENUE SERVICE -SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 SANDRA GEESAMAN 248 Chestnut Drive Shippensburg,PA 17257 SANDRA GEESAMAN 20 NORTH FAYETTE STREET SHIPPENSBURG, PA 17257 HALEWOOD HEIGHTS PUD AWAITING ADDRESS (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: July 16, 2010 GOLDB Y Mc EVER BY: Barb Hand 09-7842 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff ,,~ T~-,~ ,, ~ - ~. ,.,f~;~;V r , ZQ1Q Jt.~? 20 GFi i2~ 2' BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. KATHRYN M. GEESAMAN Mortgagor(s) and Record Owner(s) 508 East Orange Street Shippensburg, PA 17257 of Cumberland County CIVII. ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-7842 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THLS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GEESAMAN, KATHRYN M. KATHRYN M. GEESAMAN c% Forest N. Myers, Esquire 137 Park Place West Shippensburg, PA 17257 Your house at 508 East Orange Street, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on Wednesday, December 08, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $235,005.71 obtained by BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 09-7842 1. The sale will be cancelled if you pay to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413- 2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: httn://www.ohiladelphiafed.orgJforeclosure/ 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 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 09-7842 717-243-9400 09-7842 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website httu://www.nhfa.or~lconsumers/homeowners/real asnx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw tom. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax; 215-825-6418. Please reference our Attorney File Number of 88886FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY LD. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215)627-1322 ATTORNEY FOR PLAINTIFF FILFC ZO10 J'~L 20 ~~i ~~~ 1~~ ({ e~yfPt( ` ., , ri rna~l~~if~l~a r'~,~~~, ,,, ~, . BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. KATHRYN M. GEESAMAN Mortgagor(s) and Record Owner(s) 508 East Orange Street Shippensburg, PA 17257 Defendant(s) Term No. 09-7842 CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: GOLDBEC cCAFFERTY & McKEEVER Michael McKeever Pa. ID 56129 Gary McCafferty Pa. ID 42386 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 --- David Fein Pa. ID 82628 IN THE COURT OF COMMON PLEAS OF Cumberland COLTN'TY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Thomas Puleo Pa. ID 27615 Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-7842 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff (s) From KATHRYN M. GEESAMAN (1) You are directed to lery 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$235,005.71 L.L.$.50 Interest FROM 9/30/2009 TO DATE OF SALE PER DIEM AT $40.83 Atty's Comm Atty Paid $165.44 Plaintiff Paid Date: JULY 20, 2010 Due Prothy $2.00 Other CostsTO BE ADDED (Seal) REQUESTING PARTY: Name DAVID FEIN, ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER, SUITE 5000 - MELLON INDEPENDENCE CENTER, 701 MARKET STREET, PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 82628 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS SUBROGEE OF DAVID ROSS P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. THIS IS AN ARBITRATION MATTER c a =rn r?+ M MM an rF i " m gy ?-z ?c:) vr., =-n C) zc, o F. COMMON PLEAS C6tRW F?' CUMBERLAND COUNTY NO. 09-1892-CIVIL TERM NATHANIEL WRIGHT 455 N. WEST STREET CARLISLE, PA 17013 CIVIL ACTION AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Nathaniel Wright is the same person who is the Defendant in the Cumberland County Common Pleas Action No. 09-1892, which was a result of a motor vehicle accident on January 3, 2008 SWORN TO AND SUBSCRIBED BEFORE ME THIS3PbAY OF'?-,n 2011. NOTARY PUBLIC C??a ±H OF" PENNSYLVANIA SEAL ML 'S," I ?EII_L. Notary Public De?aware County M?. ?.mbr 6, 2011 - W'" 4 - PAUL F. D'EMILIO, ESQUIRE C t 5.OC (? a?th' CIrlj Iq To