HomeMy WebLinkAbout09-2518Phelan 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 203924
THE BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION FKA THE
BANK OF NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE BANK N.A.
AS TRUSTEE FOR RAMP 2005RZ3
1100 VIRGINIA DRIVE
P.O. BOX 8300
FORT WASHINGTON, PA 19034
Plaintiff
V.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
805 FRONT STREET,
NEW CUMBERLAND, PA 17070-2032
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. ;_5? Gx??tel?
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 203924
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 #: 203924
Plaintiff is
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP
2005RZ3
1100 VIRGINIA DRIVE
P.O. BOX 8300
FORT WASHINGTON, PA 19034
2. The name(s) and last known address(es) of the Defendant(s) are:
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
805 FRONT STREET,
NEW CUMBERLAND, PA 17070-2032
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 07/18/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL
NETWORK, INC. which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Mortgage Book No. 1916, Page 1192. 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.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 01/01/2009 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
File #: 203924
by written notice sent to Mortgagor, the entire principal balance and all interest due
6.
thereon are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance $113,210.15
Interest $3,491.16
12/01/2008 through 04/21/2009
Attorney's Fees $1,300.00
Cumulative Late Charges $169.52
07/18/2005 to 04/21/2009
Cost of Suit and Title Search 750.00
Subtotal $118,920.83
Escrow
Credit $0.00
Deficit $877.62
Subtotal 877.62
TOTAL $119,798.45
7.
8
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above
may be less than the amount demanded based on work actually performed. The
attorney's fees requested are in conformity with the mortgage and Pennsylvania law.
Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal
balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if
the complexity of the action requires additional fees in excess of the amount demanded in
the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 203924
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.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $119,798.45, together with interest from 04/21/2009 at the rate of $24.76 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: 1,1rV11L1
L en T. Phe , Esquire
ancis nan, Esquire
Daniel G. Schmieg, Esquire
Michele M. Bradford, Esquire
Judith T. Romano, Esquire
Sheetal R. Shah-Jani, Esquire
Jenine R. Davey, Esquire
Lauren R. Tabas, Esquire
Vivek Srivastava, Esquire
Jay B. Jones, Esquire
Peter J. Mulcahy, Esquire
Andrew L. Spivack, Esquire
Jaime McGuinness, Esquire
Chrisovalante P. Fliakos, Esquire
Joshua I. Goldman, Esquire i o t 2-r S7( q-7
Attorneys for Plaintiff
File #: 203924
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land situate in the Borough of New Cumberland, County
of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the Northern line of Front Street on the dividing line between Lots
Nos. 2 and 3, Block'B', on the hereinafter mentioned Plan of Lots, thence in a Northerly
direction along said dividing line one hundred (100) feet to a twenty feet alley; thence in a
Westerly direction along the Southern line of said alley fifty (50) feet to a point on the dividing
line between Lots Nos. 3 and 4, Block'B', on said Plan of Lots; thence in a Southerly direction
along said last mentioned dividing line one hundred (100) feet to Front Street; thence in an
Easterly direction along the Northern line of Front Street fifty (50) feet to the point or place of
BEGINNING.
BEING Lot No. 3, Block 'B' as shown on Plan No. 5, Rosemont Addition to the Borough New
Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book
3, at Page 64.
PROPERTY BEING; 805 FRONT STREET
PARCEL# 25-25-0006-432
File M 203924
VERIFICATION
I hereby state that I am the attorney for the 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 unsworn falsifications to authorities.
Atto ey for lainriff )PSH14 T. 6w-bmA+"'
1Q
DATE: 1-1-- Z 1-09
File #: 203924
4D
t 7' Ff ?,r;, rr}
12 g. sd p? Q?y
CC," 7 9 8' 7
,ems aa- vo? ?-
Sheriffs Office of Cumberland County
R Thomas Kline 0V of Cuint,, Edward L Schorpp
Sheriff Solicitor
Ronny R AndersonJody S Smith
Chief Deputy OFFICE V '"E s,tERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/27/2009 01:09 PM - R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Brinkley L. Tucker, Jr., but was unable to
locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not
found as to the defendant Brinkley L. Tucker, Jr.. Per the New Cumberland Postmaster the defendants
mail has been forwarded to 5326 Belgrado Drive Canal Winchester, Ohio 43110.
04/27/2009 R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Rebekah L. Luaghman, but was unable to locate her in
his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Rebekah L. Luaghman. Per the New Cumberland Postmaster the defendants mail has been
forwarded to 5326 Belgrado Drive Canal Winchester, Ohio 43110.
SHERIFF COST: $70.20
April 29, 2009
2009-2518
The Bank of New York Mellon Trust Co.
VS
Brinkley L. Tucker, Jr.
SO ANSWERS, _
R THOMAS KLINE, SHERIFF
c Q
CJ -r ly
». -c
Phelan Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A. AS TRUSTEE
FOR RAMP 2005RZ3
Plaintiff
VS.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Defendant(s)
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO. 09-2518-CIVIL-TERM
: CUMBERLAND COUNTY
PHS #: 203924
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
Attorney for Pla' tiff
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
Joshua I. Goldman, Esquire
Courtenay R. Dunn, Esquire
Date: 6-3-09
PHS #: 203924
VERIFICATION
Jeffrey Stephan
ISO Limited Signing MCff hereby states that he/she is
of HOMECOMINGS FINANCIAL, LLC, servicing agent for
Plaintiff, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3, in
this matter, that he/she is authorized to take this Verification, and that the statements made in the
foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her
knowledge, information and belief. The undersigned understands that this statement is made
subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
N
Jeffrey Stephan
DATE: I Title: Limited Signing Officer
Company: HOMECOMINGS FINANCIAL,
LLC
Loan:7424610764
File #: 203924 Tucker
Phelan Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A. AS TRUSTEE
FOR RAMP 2005RZ3
Plaintiff
VS.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Defendant(s)
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO. 09-2518-CIVIL-TERM
: CUMBERLAND COUNTY
CERTIFICATE OF SERVICE
I hereby certify that a true 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:
. •
BRINKLEY L. TUCKER, JR
805 FRONT STREET,
NEW CUMBERLAND, PA 17070-2032
REBEKAH L. LAUGHMAN
805 FRONT STREET,
NEW CUMBERLAND, PA 17070-2032
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
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
Joshua I. Goldman, Esquire
Courtenay R. Dunn, Esquire
Date: 6-3-09
fit. "?c E
OF THr: F n s I' Qy
2009 JUN -S PM 3= 5 4
CUtP i a=+V'Y
INA
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL PHS # 203924
ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE
BANK N.A. AS TRUSTEE FOR RAMP
2005RZ3
DEFENDANT SERVICE TEAM/
BRINKLEY L. TUCKER, JR COURT TERM:
REBEKAH L. LAUGHMAN COURT NO.:
SERVE BRINKLEY L. TUCKER, JR AT: TYPE OF ACTION
5326 BELGRADO DRIVE XX Mortgage Foreclosure
CANAL WINCHESTER, OH 43110 XX Civil Action
SERVED
Served and made known to L ?W J LE Y Defendant on the Jjday of IWY , 200 9 ,
at , o'clock M., at u e j S??L Belgr, in the manner described below:
Defendant personally served.
- Adult family member with whom Defendant(s) reside(s).
Relationship is
- Adult in charge of Defendant'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 office or usual place of business.
- an officer of said Defendant's company.
_ Other: /
Description: Age 3 Height S ? Weight ..? Race ASex 11V Other
/
I, 1 24/,F,nan? a competent adult, being duly sworn according to law, depose and state
that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set
forth herein, issued in the captioned case on the date and at the address indicated above.
Sworn to and subscribed
j? ?
vv
before me this day ` A. aY P(ie .
Q....
N.
of , 2
009-
LISA M. CANTER
Notary Public, State of Ohio
Not
}?,_„ .,?• .' `O : My Commission Expiries Od 30,1011
?•.• ,• . Recorded in Fairfield County
'SERVED
On the day of , 200, at o'clock . M., Defendant NOT FOUND
because:
Vacant _ Bad Address _ Moved
No Answer Service Refused
Other:
Sworn to and subscribed
before me this day
By:
Does Not Reside (Not Vacant)
,T-1-2 Flo f
Notary: ATTORNEY FOR PLAINTIFF
Lawrence T. Phelan, Esq., Id. No. 32227
FILE?-0 7RCE
OF THE pPTI-11HOMOTARY
2009 JUN -8 PM 4: {7
CUIt N.r _ . <i CI LINTY
PEA IvSYLVANA
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE
BANK N.A. AS TRUSTEE FOR RAMP
2005RZ3
DEFENDANT
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
PHS # 203924
SERVICE TEAM/ N X P
COURT TERM:
COURT NO.: Q 9 -a5/ Ci ?i L ,?74'zX-4
SERVE REBEKAH L. LAUGHMAN AT: TYPE OF ACTION
5326 BELGRADO DRIVE XX Mortgage Foreclosure
CANAL WINCHESTER, OH 43110 XX Civil Action
SERVED
Served and made known to ba k& -Defeunddant anto
oc ? ??';n the 1 f day of 10A,10", 200
at o'clock g? M., at of 3t 1. 73e t• Y?r, in the manner described below:
.Defendant personally served.
- Adult family member with whom Defendant(s) reside(s).
Relationship is
- Adult in charge of Defendant'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 office or usual place of business.
an officer of said Defendant's company.
Other:
Description: Age Height Weight /S3- Race &/ Sex /1"' Other
I, &b raa-4,-e ?K a competent adult, being duly sworn according to law, depose and state
that I personally handed a true and coggrA dopy of the Foreclosure Complaint in the manner as set
forth herein, issued in the captioned 4ate and at the address indicated above.
Sworn to and subscribed
Nalyu, before me this day "" ' *= iyly Comm to of Ohio
sc?j ? ?}nc isaion Expires Oct 30 2011
of VOCIM, 200PL. 9j? w? .....?.: RecOrded in Fairriekl County
to () - 191 fl,
No
On the day of
because:
_ Vacant _ Bad Address
No Answer Service Refused
Other:
Sworn to and subscribed
before me this day
of I . By:
Notary:
NOT SERVED
200, at o'clock _. M., Defendant NOT FOUND
Moved _ Does Not Reside (Not Vacant)
ATTORNEY FOR PLAINTIFF
Lawrence T. Phelan, Esq., Id. No. 32227
BLED-OMF CE
OF THE PROTHONOTARY
2009 JUN -8 PM 4: 17
PEr NSYW` NIA
Phelan Hallinan & Schmieg, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id. No. 208375
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Attorney for Plaintiff
Philadelphia, PA 19103
215-563-7000
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A. AS TRUSTEE FOR
RAMP 2005RZ3
. CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
. CIVIL DIVISION
: No. 09-2518-CIVIL-TERM
VS.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND NSSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against BRINKLEY L. TUCKER,
JR and REBEKAH L. LAUGHMAN, 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 $119,798.45
Interest - 04/22/2009 to 06/26/2009
$1,634.16
TOTAL $121,432.61
I hereby certify that (1) the Defendants' last known a r ss is 5326 BELGRADO
DRIVE CANAL WINCHESTER, OH 43110, and (2? that t' e has been given in accordance
with Rule 237.1, copy attached.
'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
Jere R. Davey, Esquire
Lauren R. Tabas, EsquirQ33
Vivek Srivastava, Esquire
Jay B. Jones, Esquire
Peter J. Mulcahy, Esquire
Andrew L. Spivack, Esquire
Jaime McGuinness, Esquire
Chrisovalante P. Fliakos, Esquire
Joshua I. Goldman, Esquire
Courtenay R. Dunn, Esquire
Andrew C. Bramblett, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: fie' J-q' Q
PHS # 203924 PROTHONOTARY
THE BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION FKA
THE BANK OF NEW YORK TRUST COMPANY,
N.A. AS SUCCESSOR TO JPMORGAN CHASE
BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3
Plaintiff
V.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Defendant(s)
TO: BRINKLEY L. TUCKER, JR
5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43110
DATE OF NOTICE: June 9, 2009
COURT OF COMMON PLEAS
CIVIL DIVISON
NO. 09-2518-CIVIL-TERM
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.
M"ORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
PHS # 203924
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.
Office of the Prothonotary Cumberland County Bar Association
Cumberland County Courthouse 32 South Bedford Street
1 Courthouse Square Carlisle, PA 17013
Carlisle, PA 17013 17) 249-3166
(717) 240-6195
A
By:
Lawrencg TPTielan, 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
Courtenay R. Dunn, Esq., Id. No. 206779
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PHS # 203924
Y
THE BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION FKA
THE BANK OF NEW YORK TRUST COMPANY,
N.A. AS SUCCESSOR TO JPMORGAN CHASE
BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3
Plaintiff
V.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Defendant(s)
TO: REBEKAH L. LAUGHMAN
5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43110
DATE OF NOTICE: June 9, 2009
COURT OF COMMON PLEAS
CIVIL DIVISON
NO. 09-2518-CIVIL-TERM
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.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
PHS # 203924
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.
Office of the Prothonotary Cumberland County Bar Association
Cumberland County Courthouse 32 South Bedford Street
1 Courthouse Square lisle, PA 17013
Carlisle, PA 17013 7)249-3166
(717) 240-6195
y
By:
Lawrence elan, 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
Courtenay R. Dunn, Esq., Id. No. 206779
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PHS # 203924
Phelan Hallinan & Schmieg, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id. No. 208375
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A. AS TRUSTEE FOR
RAMP 2005RZ3
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 09-2518-CIVIL-TERM
VS.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
VERIFICATION OF NON-MILITARY SERVICE
The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff
in the above-captioned matter, and that on information and belief, he/she 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 BRINKLEY L. TUCKER, JR is over 18 years of age and
resides at 805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032.
(c) that defendant REBEKAH L. LAUGHMAN is over 18 years of age and
resides at 805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032.
This statement is made subject to the penalt's of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities. /
Jrawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Daniel G. Schmieg, Esquire
Michele M. Bradford, Esquire
Judith T. Romano, Esquire
Sheetal R. Shah-Jani, Esquire
Jee me R. Davey, Esquire ,yn3?
``?9
'Lauren R. Tabas, Esquire
Vivek Srivastava, Esquire
Jay B. Jones, Esquire
Peter J. Mulcahy, Esquire
Andrew L. Spivack, Esquire
Jaime McGuinness, Esquire
Chrisovalante P. Fliakos, Esquire
Joshua I. Goldman, Esquire
Courtenay R. Dunn, Esquire
Andrew C. Bramblett, Esquire
Attorney for Plaintiff
FILED-i;FFi"'E'
OF THE P,,3Ta i N,.)TAFY
2049 JUN 29 Ph 12; 4 9
CUI+?;?,,r ;.1`•`1:1 .:t?.?,,?1V11
t'E115YLVANU?
R ?a7 31
Noh,e-s m cL,1 ek
(Rule of Civil Procedure No. 236) - Revised
THE BANK OF NEW YORK MELLON : CUMBERLAND COUNTY
TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF
G -a-9 - 69
NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE
BANK N.A. AS TRUSTEE FOR RAMP CIVIL DIVISION
2005RZ3
VS.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
805 FRONT STREET
COURT OF COMMON PLEAS
: No. 09-2518-CIVIL-TERM
NEW CUMBERLAND, PA 17070-2032
Notice is given that a Judgment in the above captioned matter has been entered
against you on
By:
If you have any questions concerning his/?datter please contact-
-44£?TY
'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
Jen?rte R. Davey, Esquire
auren R. Tabas, Esquir
Vivek Srivastava, Esquire
Jay B. Jones, Esquire
Peter J. Mulcahy, Esquire
Andrew L. Spivack, Esquire
Jaime McGuinness, Esquire
Chrisovalante P. Fliakos, Esquire
Joshua I. Goldman, Esquire
Courtenay R. Dunn, Esquire
Andrew C. Bramblett, Esquire
Attorney or Party Filing
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
"THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. **
.~
.
JUL 14 2010
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA ~ ~ ~
,
G
o ;
,
--~~
THE BANK OF NEW YORK ~;..
~ ~ `,"
~
~ ~?
MELLON TRUST COMPANY, ~'- ~ - tc
NATIONAL ASSOCIATION FKA -r= '
~ ~ _
~
}
THE BANK OF NEW YORK
TRUST COMPANY, N.A. AS $''"-
.
~= ~ ~ ~ ~'
SUCCESSOR TO JPMORGAN --
'~ c-- `=~" -~+
CHASE BANK N.A. AS ~~
:..~
~~-' .x,.
-~'
-<
TRUSTEE FOR RAMP 2005RZ3 c.::
Civil Division
vs. No.09-2518-CIVIL-TERM
BRINKLEY L. TUCKER, JR. :
REBEKAH L. LAUGHMAN
ORDER
AND NOW, this ~~ day of 2010, upon
consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby
ORDERED and DECREED that said Motion is GRANTED.
It is further ORDERED and DECREED that Plaintiff may obtain service of the
Notice of Sale and all future pleadings on Defendant(s), BRINKLEY L. TUCKER, JR. and
REBEKAH L. LAUGHMAN, by:
1. Posting of the premises: 805 FRONT STREET, NEW CUMBERLAND, PA 17070-
2032.
2. First class mail to BRINKLEY L. TUCKER, JR. and REBEKAH L. LAUGHMAN at
the last known address, 5326 BELGRADO DRIVE, CANAL WINCHESTER, OH 43110, and the
mortgaged premises located at 805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032; and
3. Certified mail to BRINKLEY L. TUCKER, JR. and REBEKAH L. LAUGHMAN at
the last known address, 5326 BELGRADO DRIVE, CANAL WINCHESTER, OH 43110 and the
mortgaged premises located at 805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032;
and
4. Publication in accordance with PA. R.C.P. 430.
B
203924 ~ . J,
'C~p;cs rti.a.`led 7~is'~/r~ 2
~L
~,
z
Cc: BRINKLEY L. TUCKER, JR. and REBEKAH L. LAUGHMAN
805 FRONT STREET
NEW CUMBERLAND, PA 17070-2032
203924
•
3
Ia
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
THE BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION FKA THE
BANK OF NEW YORK TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN CHASE BANK
N.A. AS TRUSTEE FOR RAMP 2005RZ3
Plaintiff,
v.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Defendant(s)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
~ ~_ ~ -
CIVIL DIVISION ~ ~ -~~-,
c._. ~ -_~
No. 09-2518-CIVIL-TERMS ~ ~~~ c' ~ ~ r-.
~ ~ , +.
:_ ..,.. 3
_ ,_
.- ~ -- -
-y~ r `, ~ 4r
C=
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of
the persons or parties named, at that address, set forth on the Affidavit and as amended if
applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S. Postal Service is t~ched hereto Exhi~t "A".
rence T. Phelan, E ., Id. No. 32227
ancis S. Hallinan, E ., Id. No. 62695
aniel G. Schmieg, Esq., Id. No. 62205
^ ichele M. Bradford, Esq., Id. No. 69849
^ J dith T. Romano, Esq., Id. No. 58745
heetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
^ Lauren R. Tabas, Esq., Id. No. 93337
^ Vivek Srivastava, Esq., Id. No. 202331
^ Jay B. Jones, Esq., Id. No. 86657
^ Peter J. Mulcahy, Esq., Id. No. 61791
^ Andrew L. Spivack, Esq., Id. No. 84439
^ Jaime McGuinness, Esq., Id. No. 90134
^ Chrisovalante P. Fliakos, Esq., Id. No. 94620
^ Joshua I. Goldman, Esq., Id. No. 205047
^ Courtenay R. Dunn, Esq., Id. No. 206779
^ Andrew C. Bramblett, Esq., Id. No. 208375
Attorney for Plaintiff
Date: Q' \~
IMPORTANT TICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the alaintiff 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.
PHS # 203924
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THF, BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION FKA THE
BANK OF NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS
TRUSTEE FOR RAMP 2005RZ3
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.09-2518-CIVIL-TERM
CUMBERLAND COUNTY
v.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Defendant(s)
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP
2005RZ3, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was
filed, the following information concerning the real property located at 805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032.
1.
2.
3.
4.
5.
Name and address of Owner(s) or reputed Owner(s):
Name
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Name and address of Defendant(s) in the judgment:
Name
SAME AS ABOVE
Address (if address cannot be reasonably
ascertained, please so indicate)
5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43110
5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43110
Address (if address cannot be reasonably
ascertained, please so indicate)
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)
RBS CITIZENS, NA 480 JEFFERSON BOULEVARD, #RJE350
WARWICK, RI 02885
RBS CITIZENS, NA C/O WILLIAM T. MOLCZAN, ESQ.
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
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.
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
United States Internal Revenue
Special Procedures Branch
Federated Investors Tower
U.S. Department of Justice
U.S. Attorney for the Middle District of PA
805 FRONT STREET
NEW CUMBERLAND, PA 17070-2032
13 North Hanover Street
Carlisle, PA 17013
P.O. Box 2675
Harrisburg, PA 17105
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
Federal Building, P.O. Box 11754
228 Walnut Street
Harrisburg, PA 17108
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
July 28, 2010 By:
Phelaallinan & Schmieg,'~,LP
^ La nce T. Phelan, Esq., Id. No. 32227
^ Francis S. Hallman, 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
eetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
^ Vivek Srivastava, Esq., Id. No. 202331
^ Jay B. Jones, Esq., Id. No. 86657
^ Peter J. Mulcahy, Esq., Id. No. 61791
^ Andrew L. Spivack, Esq., Id. No. 84439
^ Jaime McGuinness, Esq., Id. No. 90134
^ Chrisovalante P. Fliakos, Esq., Id. No. 94620
^ Joshua I. Goldman, Esq., Id. No. 205047
^ Courtenay R. Dunn, Esq., Id. No. 206779
^ Andrew C. Bramblett, Esq., Id. No. 208375
Phelan Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esp., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Est., Id. No. 58745
Sheetal R. Shah-Jani, Esq. Id. No. 81760
Jenine R. Davey, Esq., Id ?Io. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq. Id. No. 202331
Jay B. Jones, Esq. Id. ?1o. 86657
Peter J. Mulcahy, tsq, Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id. No. 208375
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THE BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION FKA THE
BANK OF NEW FORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE BANK N.A.
AS TRUSTEE FOR RAMP 2005RZ3
V.
Plaintiff,
r r p+?
7_
CU"J "?UI?C1Y
V rA
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 09-2518-CIVIL-TERM
BRINKLEY L. TUCKER, JR.
REBEKAH L. LAUGHMAN
Defendant(s).
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE
PURSUANT TO P.R.C.P., 404(2)/403
I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent
by regular mail and certified mail, return receipt requested, to BRINKLEY L. TUCKER, JR. & REBEKAH L.
LAUGHMAN on JULY 21, 2010, in accordance with the Order of Court dated JULY 14, 2010. The property was
posted on JUNE 25, 2010. Publication was advertised in CUMBERLAND LAW JOURNAL on JULY 30, 2010 &
in THE SENTINEL on JULY 23, 2010.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904
relating to the unsworn falsification to authorities.
r,,, -, (' tit r u
PHELAN H LINAN & S MIEG, LLP
By:
Lawrence T. Phelan, 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
?fieetal R. Shah-Jani, Esq., Id. No. 81760
Jenme R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id. No. 208375
Attorneys for Plaintiff
7178 2417 6099 0062 2764
4 / KXC RESTRICTED DELIVERY
BRINKLEY L. TUCKER, JR
805 FRONT STREET
NEW CUMBERLAND, PA 17070-0000
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7178 2417 6099 0062 2771
4 / KXC RESTRICTED DELIVERY
BRINKLEY L. TUCKER, JR
5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43110-0000
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Date Produced: 08/09/2010
PHELAN HALLINAN & SCHMIEG
The following is the delivery information for Certified MaiITM item number 7178 2417 6099
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FAIRFIELD, PA, 17320. The scanned image of the recipient information is provided below.
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Customer Reference Number: 62961
7178 2417 6099 0062 2788
4 / KXC RESTRICTED DELIVERY
REBEKAH L. LAUGHMAN
805 FRONT STREET
NEW CUMBERLAND, PA 17070-0000
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7178 2417 6099 0062 2795
4 / KXC RESTRICTED DELIVERY
REBEKAH L. LAUGHMAN
5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43 1 1 0-0000
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Label/Receipt Number: 7178 2417 6099 0062 2795
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Your item was delivered at 1:09 pm on August 12, 2010 in
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• Unclaimed, August 07, 2010, 3:23 pm, CANAL WINCHESTER, OH
• Notice Left, July 23, 2010,1:38 pm, CANAL WINCHESTER, OH 43110
• Arrival at Unit, July 23, 2010, 7:00 am, CANAL WINCHESTER, OH 43110
• Acceptance, July 21, 2010, 4:33 pm, PHILADELPHIA, PA 19102
• Electronic Shipping Info Received, July 21, 2010
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PLAINTIFF
THE BANK OF NEW YORK MELLON TRUST COMPANY,
NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK
TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3
DEFENDANT
BRINKLEY L. TUCKER, JR
REBEKAH L. I.AUGHMAN
SERVE REBEKAH L. ?,AUGHMAN AT:
805 FRONT STREET
NEW CUMBERLAND, PA 17070-2032
****PLEASE POST PER COURT ORDER****
NHS 0 203924
SERVICE TEAM/ iin
COURT NO.: 09-2518-CIVIL-TERM
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: 09/0812010
SERVED
S rved and made known to REBEKAH L. LAUGHMAN , DQ ndant on the 'day of L- 20 at
'i; , , o'c:lock,4. M., at 305 EAONt ST_ NEW 'MMRWiLA In the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s).
Relationship is
_ Adult in charge of Defendant'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 office or usual place of business.
_ an officer of said Defendant's company.
-0t
Description: Age _ Height Weight Race Sex Other
1, N{ c b .44p L( , a competent adult, being duly sworn according to law, depose and state that I personally
handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned
case on the date and at the address indicated above.
Sworn to and su scribed
before me this " day
--
of k, 20
L0
l
P
_ #i?
Notary:: By:
NOTSERVED
-
Ob the . d of 20_ , at - o'clock . M., Defendant NOT FO'U qD
beeotuse - ?
Vacant. .. ` Bad Address _ Moved _ Does Not Reside (Not Vacant)
No Answer on at at
Service Refused
Other:
l
Sworn to and subscribed ,
t
before me this day
iii
Notary: , 9.1 AI?IfAL6Y FOR PLAINTIFF'
!......_.__..._._._ _._...._...._.....__..._.......,._.:_._..._..?R6AQ6LZ Fsq., Id.Na32227
Framis S. 11a11buo, Esq, ld. N. 62695
Dank-1 G. Schmk& Fig, Id. Nu 62205
Mwbde M. Bradford, Es%, Id. No. 69849
Judith T.RmWk%FAq, W. N. 59745
Sbedal P- Sluh-bti, Fsq, W. N. 81760
Jame R. Dnwy, Es¢, Id. N. 87077
Lauren R. Tabus, Esq., W. N. 93337
Vhds Srirattara, Esq, W. No. 202331
Jay B. Jars, Fsq, W. No. 86657
Peter J. Molody, Fsq, hL No. 61791
Andmr L Sphad, Esq, hi. Nu M439
Job- Md:®nues, Fsq., Id Nu 90134
Ch -lane P. Flakes, Fs¢, Id. No. WW
Joshua L GOMnm4 Fsq, Id. No. 206817
Corohany R. Duna, Esc, Id. N. 206779
Aodr C Brasbhti, Fsq, M. No. 2KWS
One Amu (:ante at Suburban Station
1617 John F. Keawdy Bhd, Saito I4o0
Philedrlphia, PA 19103-1814
(215)563.7010
AFFIDAVIT OF SERVICE
CUMBERLAND COUNTY
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
THE BANK OF NEW YORK MELLON TRUST COMPANY,
NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK PHS # 203924
TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3
DEFENDANT SERVICE TEAM/ iin
BRINKLEY L. TUCKER, JR COURT NO.: 09-2518-CIVIL-TER.M
REBEKAH L. LAUGHMAN
SERVE BRINKLEY L. TUCKER, JR AT: TYPE OF ACTION
805 FRONT STREET XX Notice of Sheriffs Sale
NEW CUMBERLAND, PA 17070-2032 SALE DATE: 09/08/2010
****PLEASE POST PER COURT ORDER****
SERVED
Served and made known to BRINKLEY L. TUCKER. JR , Defendant on the ? day of _ u t 20 IC! , at
?, o'clock 4. M., at 96 FRogT Sr krw eyA(3F. 2Wt4P,9An the manner described below:
- Defendant personally served.
_ Adult family member with whom Defendant(s) reside(s).
Relationship is
- Adult in charge of Defendant'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 office or usual place of business.
_ an officer of said Defendant's company.
V Other. AY!5 t?
Description: Age ___ Height Weight Race Sex Other
1, P4-A1 Lb A10 Q_ a competent adult, being duly sworn according to law, depose and state that I personally Pj'PED
+gwcbe l a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned
case on the date and at the address indicated above.
Sworn to and subscribed
before me this a:.i 1, day f!
of _7 R_L_?I 20 ?t 1
Not, y
? NOT SERVED
c_ day 20_, at _ o'clock M.. Defendant NOT FOUND tx°caese: -
0a t - Bad Address . moved. - Does Not Reside (Not Vacant)
No Answer on at at
Service Refused
Other:
Sworn to and subscribed
before rue this day
of -fib= By:
Notary:
ATTORNEY FOR PLALNTIFF
Uv,renee T. Phehu,, Fay., Id. Na 32227
Francis S. H.11-, Esq. M Nu. 62695
Dared G. Sdmnle& Fay., Id. No. 62285
Micbdc M. Bradford, Esq., Id. N. 6%"
J-M T. Romano, Esq., Id N. 58745
SbWW R. Shah-Jere, Faq, Id. Na 81760
J.1. R. Drier, Esq., M. No. 87077
lamm R. Tabu, Fay, Id. N. 93337
Vivek Srivastava, Esq, Id. No. 202331
Jay B. Jom,s Esq., T& N. 86657
Petry J. Otulmhv, Egg, W. Na. 61791
Andrew L Spkacl,, E q, Id. N. 84439
Jaime McG„haeas, F-,%, Id. N. 90134
Cla4soeuhme P. FMW.% Esq., Id. N. 94620
Joshua L Goklumur, Esq, Id. No. 206017
Coun-y R. Dmm Fay., Id. N. 206779
Andrew C. Betunbidt, Esq.,, Id. No. 206375
One Peen Cemer at suburban Station
1617 John F. Kennedy Blvd, Suite 1408
PhLbKWphia, PA /91031814
1215) 5637000
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz
July 3 0, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
l?
isa Marie Coyne., itor
SWORN TO AND SUBSCRIBED before me this
30 day of July, 2010
Notary
NOTARIAL SEAL
:00ROUaN, BORAH A COLLIN8
Nobly Public
ARLISLE CUMBERLAND COUNW
My Co?nh W Expires Apr 28, 201 j
CUMBERLAND LAW JOURNAL
NOTICE OF SHERIFF'S SALE PHELAN HALLINAN &
SCHMIEG, LLP
In the Court of Common Pleas of Attorneys for Plaintiff
Cumberland County, Pennsylvania July 30
NO. 09-2518 CIVIL-TERM
THE BANK OF NEW YORK
MELLON TRUST COMPANY,
NATIONAL ASSOCIATION fka
THE BANK OF NEW YORK TRUST
COMPANY, N.A. AS SUCCESSOR
TO JPMORGAN CHASE BANK N.A.
AS TRUSTEE FOR RAMP 2005RZ3
VS.
BRINKLEY L. TUCKER, JR. &
REBEKAH L. LAUGHMAN
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
NOTICE TO: BRINKLEY L. TUCKER,
JR. & REBEKAH L. LAUGHMAN
Being Premises: 805 FRONT
STREET, NEW CUMBERLAND, PA
17070-2032.
Being in NEW CUMBERLAND
Township, County of CUMBERLAND,
Commonwealth of Pennsylvania.
Parcel Number 1: 25-25-0006-
432.
Improvements consist of residen-
tial property.
Sold as the property of BRINKLEY
L. TUCKER, JR. & REBEKAH L.
LAUGHMAN.
Your house (real estate) at 805
FRONT STREET, NEW CUMBER-
LAND, PA 17070-2032 is scheduled
to be sold at the Sheriff's Sale on
SEPTEMBER 8, 2010 at 10:00 A.M.
at the CUMBERLAND County Court-
house to enforce the Court Judg-
ment of $121,432.61 obtained by,
THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL AS-
SOCIATION fka THE BANK OF NEW
YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE
BANK N.A. AS TRUSTEE FOR RAMP
2005RZ3 (the mortgagee), against the
above premises.
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland inel, of Tames Kleinldaus Director of Sales and MS nd says on
that HEtSENT NEL adwspaper
State aforesaid, being duly sworn, depose y
of general circulation in the Borough ?ne which date THE SENTINEL has been,regularly
established December 13th, 188,
issued in said County, and that the printed hed in the regular editions andhssuE of notice or puication exactly the same as was printed and published
THE SENTINEL on the following day(s):
Tuly 23, 2010
COPY OF NOTICE OF PUBLICATION
NOTICE OF SHERIFF'S SALE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-2518-CIVIL-TERM
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR
RAMP 2005RZ3
vs.
BRINKLEY L. TUCKER, JR. & REBEKAH L. LAUGHMAN
NOTICE TO: BRINKLEY L. TUCKER, JR. & REBEKAH L. LAUGHMAN
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY"
Being Premises: 805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032
Being in NEW CUMBERLAND Township, County of CUMBERLAND
Commonwealth of Pennsylvania
Parcel Number 1:25-25-0006-432
Improvements consist of residential property.
Sold as the property of BRINKLEY L. TUCKER, JR. & REBEKAH L.
LAUGHMAN
Your house (real estate) at 805 FRONT STREET. NEW CUMBERLAND. PA
17070-2032 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER $.
2010 at 10;,00 AM, at the CUMBERLAND County Courthouse to enforce the
Court Judgment of $121.432.61 obtained by, THE BANK QF NEW YORK
MELLON TRUST COMPANY NATIONAL ASSOCIATION ACA THE BANK
QF NEW YORK TRUST COMPANY NN=A. A-$ SUCCESSOR M
JPMORGAN CHASE BANK N.A. . AS TRUSTEE FOR RAMP 020 5RZ3 (the
mortgagee), against the above prern*"
PHELAN HALLINAN & SCHMIEG, LLP
Attorney for Plaintiff
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement as
to time, place and character of publication
are true.
Sworn to and subscribed before me this
Notary Public
My commission expires:
NOTARIAL SEAT
BAMBI ANN HECKENOORN
Notary Public
a CARLISLE BOROUGH, CUMBERLAND CNN
^{ ' omr- Fxpves Jan 27. 2014
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson "_ ~ ~'~ Th~~~~ ~ Tt~~3NOTAft
Sheriff Y
~~,~„~~ ~~ ~t~l~~~~r~y~ 1~1(l ACT 20 A~3 9~ 45
Jody S Smith
Chief Deputy ~>- ~-;~~ , Y
a -~ ~,_ ~r: C€1~i~~R~APdD CQU-vTY
Richard WStewart - F'~~S~f~Vl~~1A
Solicitor c+r~tc~ ~.~F Tt~~ ~„ER~F~
The Bank of New York Mellon Case Number
vs.
Brinkley L. Tucker, Jr. (et al.) 2009-2518
SHERIFF'S RETURN OF SERVICE
05/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states he served the above Real
Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the
action by certified mail, return receipt requested to the within named defendant Brinkley L. Tucker, Jr. to
wit: to his last known address of, 5326 Belgrade Drive, Canal Winchester, OH 43110. The return receipt
card was signed by, Rebecca Tucker, on July 3, 2010, and returned to the Cumberland County Sheriff s
Office
05/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states he served the above Real
Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the
action by certified mail, return receipt requested to the within named defendant(s), to wit: Rebekah L.
Laughman to her last known address of, 5326 Belgrade Drive, Canal Winchester, OH 43110.
06/24/2010 10:47 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-24-2010 at 1042 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Brinkley L. & Rebekah L. Tucker, Jr., locatec
at, 805 Front Street, New Cumberland, Cumberland County, Pennsylvania according to law.
09/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states he served the above Real
Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the
action by certified mail, return receipt requested to the within named defendant to wit: Rebekah L.
Laughmen, 5326 Belgrade, Drive, Canal Winchester, OH 43110. The mail piece was returned "Unable to
Forward" on July 14, 2010, to the Cumberland County Sheriffs Office.
09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice
had been given according to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the
same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of The Bank of New York Mellon Trust
Company, National Association, F/IVA The Bank of New York Trust Company, N.A., As Successor to
JPMORGAN Chase Bank, N.A., as Trustee for RAMP 2005RZ3, 1100 Virginia Drive, Fort Washington, PA
19034, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 802.99
Bankruptcy petition #xxxxx filed by xxxxx stays further execution. Sheriff sale cancelled.
SHERIFF COST: $802.99
October 14, 2010
(c) GountySuite Sheriff, Teleosoft Inc.
SO ANSWERS, '
RON R ANDERSON, SHERIFF
~~oaPd~
~sa ~~~,
(,~ ~ 7f G3S
~ a~~'~7~
~` THE BANK OF-1~W 1~ORK MELLON TRUST
COM~'ANY, NATIONAL ASSOCIATION FKA THE
BANK OF NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS
TRUSTEE FOR RAMP 2005RZ3
Plaintiff
v.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.09-2518-CIVIL-TERM
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP
200587.3, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was
filed, the following information concerning the real property located at 805 FRONT STREET, NEW CUMBERLAND, PA 17070.2032.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably
ascertained, please so indicate)
BRINKLEY L. TUCKER, JR 5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43110
REBEKAH L. LAUGHMAN 5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43110
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
SAME AS ABOVE
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real properly to be sold:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
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 i Address (if address cannot be
reasonably ascertained, please indicate)
TENANT/OCCUPANT
Domestic Relations of
Cumberland County
805 FRONT STREET
NEW CUMBERLAND, PA 17070-2032
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
United States Internal Revenue
Special Procedures Branch
Federated Investors Tower
U.S. Department of Justice
U.S. Attorney for the Middle District of PA
P.O. Box 2675
Harrisburg, PA 17105
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
Federal Building, P.O. Box 11754
228 Walnut Street
Harrisburg, PA 17108
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
March 31, 2010
~) C
By: 1'~ c
Attorney or Plaintiff
Phelan Hallinan & Schmieg, LLP
^ Lawrence T. Phelan, Esq., Id. No. 32227
^ Francis S. Hallinan, Esq., Id. No. 62695
^ Daniel G. Schmieg, Esq., Id. No. 62205
^ Michele M. Bradford, Esq., Id. No. 69849
^ Judith T. Romano, Esq., Id. No. 58745
^ Sheetal R. Shah-Jani, Esq., Id. No. 81760
^ Jenine R. Davey, Esq., Id. No. 87077
^ Lauren R. Tabas, Esq., Id. No. 93337
^ Vivek Srivastava, Esq., Id. No. 202331
^ Jay B. Jones, Esq., Id. No. 8665?
^ Pe er J. Mulcahy, Esq., Id. No. 61791
^ drew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
^ Chrisovalante P. Fliakos, Esq., Id. No. 94620
^ Joshua I. Goldman, Esq., Id. No. 205047
^ Courtenay R. Dunn, Esq., Id. No. 206779
^ Andrew C. Bramblett, Esq., Id. No. 208375
'a
THE BANK OF NEW YORK MELLON TRUST COMPANY,
NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK
TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.09-2518-CIVIL-TERM
Plaintiff
vs.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
Defendant(s)
CUMBERLAND COUNTY
NOTICE OF SHERIFF'S 5ALE OF REAL PROPERTY
TO: BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
5326 BELGRADO DRIVE
CANAL WINCHESTER, OH 43110
* *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
TH1S IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032 is scheduled
to be sold at the Sheriff s Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $121,432.61 obtained by THE
BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK
OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS
TRUSTEE FOR RAMP 2005RZ3 (the mortgagee) against you. In the event the sale is continued, an
announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. 'The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike ar 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 Iegal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
~!
1. If the Sheriff s Sale is.not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may ca11215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepazed by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid aut in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013,
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution N0.09-2518-CIVIL-TERM
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP
2005RZ3
vs.
BRINKLEY L. TUCKER, JR
REBEKAH L. LAUGHMAN
owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland
(Municipality)
County, Pennsylvania, being
805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032
(Acreage or street address)
Parcel No. 25-25-0006-432
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $121,432.61
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
215-563-7000
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land situate in the Borough of New Cumberland, County
of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the Northern line of Front Street on the dividing line between Lot
Nos. 2 and 3, Block'B', on the hereinafter mentioned Plan of Lots; thence in a Northerly
direction along said dividing line One Hundred (100) feet to a Twenty feet alley; thence in a
Westerly direction along the Southern line of said alley Fifty (50) feet to a point on the dividing
line between Lot Nos. 3 and 4, Block'B', on said Plan of Lots; thence in a Southerly direction
along said last mentioned dividing line One Hundred (100) feet to Front Street; thence in an
Easterly direction along the Northern line of Front Street Fifty (50) feet to the point or Place of
BEGINNING.
BEING Lot No. 3, Block'B' as shown on Plan No. 5, Rosemont Addition to the Borough of New
Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book
3, page 64.
HAVING THEREON ERECTED a one story frame dwelling house known and numbered as 805
Front Street, New Cumberland, Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Brinkley L. Tucker, Jr., single man and Rebekah
L. Laughman, single woman, as joint tenants with the right of survivorship, by Deed from
Elizabeth F. Cramer, a single woman, dated 07/15/2005, recorded 07/27/2005 in Book 270, Page
387.
PREMISES BEING: 805 FRONT STREET, NEW CUMBERLAND, PA 17070-2032
PARCEL NO.25-25-0006-432
. WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 09-2518 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION f/k/a THE BANK OF NEW YORK TRUST COMPANY,
N.A., as Successor to JPMORGAN CHASE BANK N.A., as Trustee for RAMP 2005RZ3,
Plaintiff (s)
From BRINKLEY L. TUCKER, JR and REBEKAH L. LAUGHMAN
(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 $121,432.61
L.L.
Interest from 6/27/09 to Date of Sale ($20.24 per diem) -- $8,885.36
Atty's Comm
Atty Paid $919.50
Plaintiff Paid
Date: 4/1/10
Due Prothy $2.00
Other Costs
Dav d D. Buell, Prothonotary
(Seal)
REQUESTING PARTY:
By:
Name: JAIME McGUINNESS, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
ONE PENN CENTER, SUITE 1400
1617 JFK BOULEVARD
PHILADELPHIA, PA 19103
Deputy
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 90134
V'
On June 14, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA,
Known and numbered as, 805 Front Street,
New Cumberland, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
~~~
~~
Real Estate Coordinator
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Cazlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law
Journal on the following dates,
vlz:
July 16 Julv 23 and July 30 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~-rlc lto. ~-aaia ct.tl
.The Bank of New York Mellon
F/K/A The Bank of New York as
Successor to JPMorgan Chase
Bank, As Trustee for the Benefit of
the Certificateholders of Equity One
ABS, Inc. Mortgage Pass-Through
Certificates, Series 2004-2
vs.
Brinkley L. Tucker, Jr.
Rebekah L. Laughman
Atty.: Daniel G. Schmieg
THE BANK OF NEW YORK MEL-
LON TRUST COMPANY, NATIONAL
ASSOCIATION FKA THE BANK OF
NEW YORK TRUST COMPANY, N.A.
AS SUCCESSOR TO JPMORGAN
CHASE BANK N.A. AS TRUSTEE FOR
RAMP 2005RZ3 vs. BRINKLEY L.
TUCKER, JR A j KJ A BRIAN TUCKER,
REBEKAH L. LAUGHMAN A/K/A
REBEKAH BLACKSTONE A/K/A
REBEKAH LAUGHMAN A/K/A RE-
BEKAH L. TUCKER.
805 P`RONT STREET, NEW CUM-
BERLAND, PA 17070-~32.
Parcel No. 45-25-0006-432.
isa Marie Co e, Editor
SWORN TO AND SUBSCRIBED before me this
30 of July. 2010
Notary
NOTARIAL SEAL
DEBORAH A COILINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commbaion Expires Apr 28, 2014
~ The Patriot-News Co.
2020 TechnolAgy P~Cwy
Suite 300
Mechanicsburg, P~- 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
the ~latriot News
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
o~ ~Q~ ireT~nnl rc')PY This ad ran on the dates} shown below:
Writ No. 2009-2518 Civil Term
07/09/10
Tha Bank of New York McNon
F/K/A The Bank of New York as 07/16/10
Successor to JPMorgan Chase
~3ank, As Trustee for the Benefit
of the Certificateholders of 07/23/10
Equity One ABS, Inc. Mortgage
Pass-ThroughCertfficates,
Series 2004-2
VS
/~
~
Brinkley L. Tucker, Jr. bscribe efore m this~jf•Ja -of August, 2010 A. D.
Sworn to and
Rebekah L. Laughmen J s ~~
Atty: Daniel G Schmieg • .
~ , 9 ~ '
THE BANK OF NEW YORK MELLON TRUST
COMPANY, NATIONAL ASSOCIATION Notary PUbIIC
I'KP, THE BANK OF NEW YORK TRUST
COMPANY, N.A. AS SUCCESSOR TO
JPMORGAN CHASE BANK N.A. AS
TRUSTEE FOR RAMP2005RZ3 COMNiONWERIL~`~ C1F l'E;AdE~4SYL'~Aiti~ti
vs. Notaria9 Sea! .•~
BRINKLEY L. TUCKER, JR A/K/A BRIAN SheMe L Kisser, Notary Pub1iG
TUCKER Lower Parton Twp,, l7auph4n County
REBEKAH L. LAUGHMAN A/K/A My Commission Exp
Irk
~5 2011
REBEKAHBLACKSTONEAlK/AREBEKAH ~
-
Member, Pennsyivanla Assaciatlan of° ~o~sr;a~
LAUGHMAN A/K/A REBEKAH L. TUCKER
805 FRONT STREET, NEW CUMBERLAND,
PA 17070-2032
PazcelNo.25-25-0006-432
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which RAMP 2005RZ3 Tr is the grantee the same having been sold to said grantee
on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 1st day of
April, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 2518,
at the suit of RAMP 200RZ3 Tr against Brinkley L Tucker Jr & Rebekah L Lauahman is duly recorded
as Instrument Number 201030013.
IN TESTIMONY WHEREOF, I have h eunto set my hand
and seal of said office this ~ day of
A.D. ~ D 10
of Deeds
Reool(fera~ Oe~ d.nbede~d OauilX O~A~N. Pr-
try damiorlE~irastlrfi~tNond~f~FJen.2o14