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HomeMy WebLinkAbout09-2591U/ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ,/Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 197095 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff DANIEL P. V OCKIE 230 ARNOT STREET ST. CLAIR, PA 17970 ALICE M. MACK PAMELA A. MACK 615 RARING DR ORWIGSBURG, PA 17961-2205 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File t#: 197095 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 #: 197095 Plaintiff is BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL P. VOCKIE 230 ARNOT STREET ST. CLAIR, PA 17970 ALICE M. MACK PAMELA A. MACK 615 RARING DR ORWIGSBURG, PA 17961-2205 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/25/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, NA, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1970, Page 3509. By Assignment of Mortgage recorded 03/09/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200906610. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 197095 6. The following amounts are due on the mortgage: Principal Balance $137,180.40 Interest $6,845.55 09/01/2008 through 04/23/2009 (Per Diem $29.13) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 10/25/2006 to 04/23/2009 Property Inspections $15.00 Cost of Suit and Title Search 750.00 Subtotal $146,090.95 Escrow Credit ($133.32) Deficit $0.00 Subtotal 133.32 TOTAL $145,957.63 7 8. 9 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. 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 File #: 197095 counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $145,957.63, together with interest from 04/23/2009 at the rate of $29.13 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. By: & SCHMIEG, Ll 91o ? ? l,awrerrce i. melan, 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 Attorneys for Plaintiff File #: 197095 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Trindle Road (Pennsylvania Route 641) at the corner of land now or formerly of the Zeigler Estate; thence by the centerline of said Road, North 82 degrees 52 minutes 10 seconds East 100 feet to a nail; thence by the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Subdivision Plan, by land now or formerly of Kenneth L. Hurley and Deborah L. Hurley, husband and wife, South 27 degrees 04 minutes 00 seconds East 462.57 feet to an iron pin; thence by land now or formerly of Clarence Hair, South 82 degrees 52 minutes 10 seconds West 100 feet to an iron pin; thence by land now or formerly of the Zeigler Estate, North 27 degrees 04 minutes 00 seconds West 462.57 feet to a nail in the centerline of Trindle Road, the Place of BEGINNING. THE ABOVE TRACT is improved with a dwelling known as 1351 West Trindle Road, Carlisle, Pennsylvania 17013. INCLUDING a portion of said premises under and subject to the dedicated right-of-way line of Trindle Road and BEING Lot No. 1 on the Subdivision Plan of Lots of Irvin F. Hurley and Mildred B. Hurley, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 41, Page 131. PARCEL #: 22-24-0771-014 PROPERTY ADDRESS: 1351 WEST TRINDLE ROAD File #: 197095 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by the Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unworn falsifications to authoriti laintiff DA s 71 ? f6 )? 4 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 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff VS. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant(s) PHS #: 197095 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2591 : CUMBERLAND COUNTY r PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorne for Plain iff 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: 5-28-09 PHS #: 197095 r VERIFICATION Xee Moua hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff, BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3, 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 unswom falsification to authorities. 1?4? Name: ee oua DATE: 4 - 2 8 - 0 9 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 197095 Vockie FILE ? `'? ` ?. ('T THE 2009 JO - E L.1'r t h Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-2591 Plaintiff VS. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant(s) : 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: DANIEL P. VOCKIE 230 ARNOT STREET ST. CLAIR, PA 17970 ALICE M. MACK 230 ARNOT STREET ST.CLAIR, PA 17970 PAMELA A. MACK 230 ARNOT STREET ST.CLAIR, PA 17970 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 Jenne 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: 5-28-09 F FILED- ; O THE PR" 2009 JU=G - D PH 3: 11 cUl ` , Sheriffs Office of Cumberland County R Thomas Kline OJT mt +Cti mb"." Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant Bank of America NA I vs. Case Number Pamela A. Mack 2009-2591 SHERIFF'S RETURN OF SERVICE 04/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Daniel P. Vockie, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Alice M. Mack, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Pamela A. Mack, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/13/2009 Schuykill County Return: And now, May 13, 2009 I, Harold Rowan, Sheriff of Schuykill County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Daniel P. Vockie the defendant named in the within Complaint and that l am unable to find her in the County of Schuykill and therefore return same NOT FOUND. 05/14/2009 Schuykill County Return: And now May 14, 2009 I, Harold Rowan, Sheriff of Schuykill County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Pamela A. Mack by making known unto Alice Mack, mother of defendant at 615 Raring Drive Orwigsburg, PA 17961 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/14/2009 Schuykill County Return: And now May 14, 2009 I, Harold Rowan, Sheriff of Schuykill County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alice M. Mack by making known unto herself personally, defendant at 615 Raring Drive Orwigsburg, PA 17961 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/15/2009 09:30 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Pamela A. Mack, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not founc as to the defendant Pamela A. Mack. The property located at 1351 West Trindle Road Carlisle, Cumberland County, Pennsylvania 17015 is abandoned. The Carlisle Postmaster has advised the defendant has moved and left no forwarding address. An exact address is not available. 06/15/2009 09:30 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Daniel P. Vockie, 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 Daniel P. Vockie. The property located at 1351 West Trindle Road Carlisle, Cumberland County, Pennsylvania 17015 is abandoned. The Carlisle Postmaster has advised the defendant has moved and left no forwarding address. An exact address is not available. 06/15/2009 09:30 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alice M. Mack, 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 Alice M. Mack. The property located at 1351 West Trindle Road Carlisle, Cumberland County, Pennsylvania 17015 is abandoned. The Carlisle Postmaster has advised the defendants new address is 872 Kingston Court Edgewood, Maryland 21040. Page 1 of 2 SHERIFF COST: $111.50 June 15, 2009 2009-2591 Bank of America NA vs. Pamela A. Mack SO ANSWERS, J? R THOMAS KLINE, SHERIFF c? v Page 2 of 2 Mon Jun B, 2009 11:03AM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N *+ PAGE: 2 I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual, company, corporation, etc, named above. SWORN and subscribed before me this day of ?`- I 6--ZA4? (Pr honotary) Wh.riff of Schuylkill County) End - of - Return (X-160-2009) Mon Jun 8, 2009 11:03AM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 PAGE: 3 ** A F F I D A V I T O F R. E T U R N *. DEPUTIZED FROM CUMBERLAND COUNTY PLAINTIFF: BANK OF AMERICA N A COURT NUMBER V S FILED BY DEFENDANT: VOCKIE,DANIEL P ET AL TYPE OF PAPER SERVING NUMBER ATTORNEY: SRIVASTAVA,VIVEK PRO FILE DATE EXPIRATION ONE PENN CENTER PLAZA SHF RECEIVED SUITE 1400 DEP RETURNED PHILADELPHIA, PA 19103 ------------------------------------------------------------------------------------ (P E O P L E T O B E S E R V E D) 2009-2591 SRIVASTAVA,VIVEK COMP. IN MORTGAGE FORECLOSURE 56350 04/27/2009 05/27/2009 04/30/2009 06/08/2009 ----------------------------- NAME ------------------ ADDRESS 1 ADDRESS 2 -- -------------------- ------------- CITY ST ZIP DEPUTY VOCKIE,DANIEL P -- 230 ARNOT STREET ----- ---------------- ST CLAIR ---- -- PA ----- 17970 ------------------ SZCZYGLAK, B Service for MACK,ALICE M 615 RARING DRIVE ORWIGSBURG PA 17961 BARNES, M MACK,PAMELA A 615 RARING DRIVE ORWIGSBURG PA 17961 BARNES, M (A T T E M P T S A T S E R V I C E) SEQ DATE TIME SERVED TO ADDRESS 1 ADDRESS 2 CITY ST ZIP MILES COST ___ __________ _____ ____________________ ____________________ _______________ _______________ __ _____ _____ ------------ 1 05/14/2009 08:45 ALICE M MACK 615 RARING DR ORWIGSBURG PA 17961 24 13.20 • REMARKS : SERVICE MADE BY DEPUTY BARNES, M ------------ Total 13.20 Total Mileage Charge for all Services : 24.20 Mon Jun 8, 2009 11:03AM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 *+ A F F I D A V I T O F R E T U R N + a I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to : PAGE: 4 ALICE M MACK (PERSONAL) ON 615 RARING DR 05/14/2009 ORWIGSHURG PA at 08:45 SWORN and subscribed before me this SO ANSWERS day of 1<?)n X End - of - Return (X-160-2009) Mon Jun 8, 2009 11:03AM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 PAGE: 5 ** A F F I D A V I T O F R E T U R N •+ DEPUTIZED FROM CUMBERLAND COUNTY PLAINTIFF: BANK OF AMERICA N A COURT NUMBER V S FILED BY DEFENDANT: VOCKIE,DANIEL P ET AL TYPE OF PAPER SERVING NUMBER ATTORNEY: SRIVASTAVA,VIVEK PRO FILE DATE EXPIRATION ONE PENN CENTER PLAZA SHF RECEIVED SUITE 1400 DEP RETURNED PHILADELPHIA, PA 19103 - --------- ------ - ------------------------- (P E 0 P L E T O B E S E R V E D) 2009-2591 SRIVASTAVA,VIVEK COMP. IN MORTGAGE FORECLOSURE 56350 04/27/2009 05/27/2009 04/30/2009 06/08/2009 ----------------------------- NAME ------------------ ADDRESS 1 ADDRESS 2 -- -------------------- - - ---- CITY ST ZIP DEPUTY VOCKIE,DANIEL P --- - - - 230 ARNOT STREET ---- ---------------- ST CLAIR ---- -- PA ----- 17970 ------------------ SZCZYGLAK, B MACK,ALICE M 615 RARING DRIVE ORWIGSBURG PA 17961 BARNES, M Service for MACK,PAMELA A 615 RARING DRIVE ORWIGSBURG PA 17961 BARNES, M (A T T E M P T S A T S E R V I C E) SEQ DATE TIME SERVED TO ADDRESS 1 ADDRESS 2 CITY ST ZIP MILES COST ----- ------------ 1 05/14/2009 08:45 ALICE MACK 615 RARING DR ORWIGSBURG PA 17961 0.00 * REMARKS SERVICE MADE BY DEPUTY BARNES, M * REMARKS SIGNED ACCEPTANCE OF SERVICE FORM * REMARKS ATTACHED. ------------ Total 0.00 Total Mileage Charge for all Services : 24.20 Mork-Jun 8, 2009 11:03AM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 . + A F F I D A V I T O F R E T U R N I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to : ALICE MACK (MOTHER) 615 RARING DR ORWIGSBURG PA SWORN and subscribed before me this PAGE: 6 ON 05/14/2009 at 08:45 day of Sh if 01 (P thonotary) huylkill County) End - of - Return (X-160-2009) Moon Jun 8, 2009 11:03AM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 PAGE: 1 r* A F F I D A V I T O F R E T U R N ?+ DEPUTIZED FROM CUMBERLAND COUNTY PLAINTIFF: BANK OF AMERICA N A COURT NUMBER V S FILED BY DEFENDANT: VOCKIE,DANIEL P ET AL TYPE OF PAPER SERVING NUMBER ATTORNEY: SRIVASTAVA,VIVEK PRO FILE DATE EXPIRATION ONE PENN CENTER PLAZA SHF RECEIVED SUITE 1400 DEP RETURNED PHILADELPHIA, PA 19103 - ------------------ - ------------------------------- (P E O P L E T O B E S E R V E D) 2009-2591 SRIVASTAVA,VIVEK COMP. IN MORTGAGE FORECLOSURE 56350 04/27/2009 05/27/2009 04/30/2009 06/08/2009 ----------------------------- NAME ADDRESS 1 ADDRESS 2 CITY ST ZIP DEPUTY Service for VOCKIE,DANIEL P 230 ARNOT STREET ------------ ST CLAIR ---- -- PA ----- 17970 ------------------ SZCZYGLAK, B MACK,ALICE M 615 RARING DRIVE ORWIGSBURG PA 17961 BARNES, M MACK,PAMELA A 615 RARING DRIVE ORWIGSBURG PA 17961 BARNES, M (A T T E M P T S A T S E R V I C E) SEQ DATE TIME SERVED TO ADDRESS 1 ADDRESS 2 CITY ST ZIP MILES COST 1 05/13/2009 12:33 [NOT FOUND] 230 ARNOT ST. --------------- ___ ST CLAIR __ _____ PA 17970 _____ ------------ MINIM 11.00 + REMARKS : BAD ADDRESS ------------ Total 11.00 Total Mileage Charge for all services : 11.00 Mon Jun 8, 2009 11:03AN SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 •. A F F I D A V I T O F R E T U R N ** C O S T S I N F O R M A T I O N DESCRIPTION PAYMENTS CHARGES ------------------------------ -- ------------ --------------- ADVANCE COSTS - SERVICE 150.00 R D & R 9.00 SERVICE 9.00 ADD SERVICE 12.00 MILEAGE 24.20 PROTHY FEE FOR SERVICE 4.50 REFUND 91.30 BALANCE 150.00 141.00 132.00 120.00 95.80 91.30 0.00 PAGE: 7 Advance Payment 150.00 Cost of Service 58.70 Refund Paid 91.30 ----------------------------------------------------------------------------------------------------------------------------------- End - of - Return (2009-2591) A C C O U N T S T A T E M E N T O F F I C E O F T H E S H E R I F F O F S C H U Y L K I L L C O U N T Y DATE : 06/08/2009 Case Ref : 2009-2591 Service ID: 56350 Type : COMP. IN MORTGAGE FORECLOSURE Filed Sy: VIVEK SRIVASTAVA, ESQ. Address 1 ONE PENN CENTER PLAZA Address 2 SUITE 1400 City PHILADELPHIA PA 19103 Advance Payment 150.00 Cost Of Service 58.70 Refund 91.30 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~M F! ~n-a~1i."~!e~ 1~,~ Tt-~_ c ~~T~-,,. ~OT~ Sheriff , ,. - ,;,;~~,. Jody S Smith ~~~;.,.. ,,;;r~~ Zr~~flJ~~ Chief Deputy 8 Q~ g: Edward L Schor ~" -~- Solicitor Pcr~tV,jyLVANiA~~iY Bank of America National Association Case Number vs. Pamela A. Mack 2009-2591 SHERIFF'S RETURN OF SERVICE 11/23/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Daniel P. Vockie, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/10/2009 Schuylkill County Return: And now, December 10, 2009 I, Joseph G. Groody, Sheriff of Schuylkill County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Daniel P. Vockie the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Schuylkill and therefore return same NOT FOUND. .ter' SHERIFF COST: $37.00 SO AN~SV~(~~S, / '// i• ... ~. January 07, 2010 RON R ANDERSON, SHERIFF Tue Jan 5, 2010 03:04PM PAGE: 2 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N *+ I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual, company, corporation, etc, named above ________________________________________________ ----------------------------------------------- ----------------------------- SWORN and subscribed before me this day of "~.~ •i~\ `` (P onotary) ----------------- _________________________________________ End - of - Return (X-433-2009) --~~ ~~ 9//,~ In The Court of Common Pleas of Cumberland County, Pennsylvania Bank of America NA vs. Daniel P. Vockie 615 Raring Drive Orwigsburg, PA 17961 Civil No. 2009-2591 Now, November 23, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Schuylkill County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~!~- Sheriff of Cumberland County, PA Now, within upon at by handing to. Affidavit of Service 20 , at o'clock and made known to M, served the ~~} rv ~ ~. ; ~:-~ j...~ C: ~; --~ _ ~., ~. .r. __ - ~_ c._~ ~ - f-; r-- ~.- -r-, __. ~ _.~ ~ ~,, :~:-, == ~-_ ._ the contents thereof. So answers, Sworn and subscribed before me this day of ,2C1 Sheriff of COSTS SERVICE_ MILEAGE AFFIDAVIT copy of the original County, PA Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew G. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff FlLEC.I-~t=r;~E ~)i ?'H~ f~r,~Tl~~?P~CTARY 2010I~AR -4 Ply 3~ G9 ~l ~:~1, . ~~~1 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. DANIEL P. VOCKIE No. 09-2591 ALICE M. MACK PAMELA A. MACK Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ~" ia, 06~~ ~~y uL ~ g/9 ~3~ ~ ~a.3s's~y7 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAI~ ~ SCHMIEG, LLP By: ^ L ence T. Phelan, F~sq., Id. No. 32227 ^ F cis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J ith 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 Attorneys for Plaintiff Date: March 3, 2010 /cec, Svc Dept. File# 197095 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Haliinan, 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- 197095 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff DANIEL P. VOCKIE 230 ARNOT STREET ST. CLAIR, PA 17970 ALICE M. MACK PAMELA A. MACK 61 S RARING DR ORWIGSBURG, PA 17961-2205 Defendants C7 +v i; i= ~- c: `r. ~ ~ ~3 .,~~' t° '"~ 3a` ~~ . ~;~ x~ ='li' 7 t..? :~~ r~ ~ c7 rn r.- ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C 1 `i .f NO. 01 ' ~5~~ CUMBERLAND COUNTY VYe hereby certif~lll~ a~oRNEyF~ within to be a true and PLEASFR~,UR~ cor ~a ~%d of r~ecebrd oflg CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE t File #: 197095 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 maybe 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 QNCE. 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 MAYBE 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 Caziisle, PA 17013 (717)249-3166 File #: 197095 Plaintiff is BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL P. VOCKIE 230 ARNOT STREET ST. CLAIR, PA 17970 ALICE M. MACK PAMELA A. MACK 6I5 RARING DR ORWIGSBURG, PA 17961-2205 who is/are the mortgagor{s) and/or real owner(s) of the property hereinafter described. 3. On 10/25/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, NA, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1970, Page 3509. By Assignment of Mortgage recorded 03/09/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200906610. 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. 10i9(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 197095 6. The following amounts are due on the mortgage: Principal Balance $137,180.40 Interest $6,845.55 09/01/2008 through 04/23/2009 (Per Diem $29.13) Attomey's Fees $1,300.00 Cumulative Late Charges $0.00 10/25/2006 to 04/23/2009 Property Inspections $15.00 Cost of Suit and Title Search 750.00 Subtotal $146,090.95 Escrow Credit ($133.32) Deficit $0.00 Subtotal 133.32 TOTAL $145,957.63 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 S% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in nersonam 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 Defendants} has/have received a discharge of personal liability in a banlmiptcy 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. 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 r~t° #: i gross counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $145,957.63, together with interest from 04/23/2009 at the rate of $29.13 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. PHEL INAN & SCHMIEG, LLP By: d' La ce elan, 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 Attorneys for Plaintiff File #: 197095 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Trindle Road (Pennsylvania Route 641) at the corner of land now or formerly of the Zeigler Estate; thence by the centerline of said Road, North 82 degrees 52 minutes 10 seconds East 100 feet to a nail; thence by the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Subdivision Plan, by land now or formerly of Kenneth L. Hurley and Deborah L. Hurley, husband and wife, South 27 degrees 04 minutes 00 seconds East 462.57 feet to an iron pin; thence by land now or formerly of Clarence Hair, South 82 degrees 52 minutes 10 seconds West 100 feet to an iron pin; thence by land now or formerly of the Zeigler Estate, North 27 degrees 04 minutes 00 seconds West 462.57 feet to a nail in the centerline of Trindie Road, the Place of BEGINNING. THE ABOVE TRACT is improved with a dwelling known as 135 I West Trindle Road, Carlisle, Pennsylvania 17013. INCLUDING a portion of said premises under and subject to the dedicated right-of--way line of Trindle Road and BEING Lot No. 1 on the Subdivision Plan of Lots of Irvin F. Hurley and Mildred B. Hurley, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 41, Page 131. PARCEL #: 22-24-0771-Oi4 PROPERTY ADDRESS: 1351 WEST TRINDLE ROAD File #: 197095 ~ J I Y VERIFICATION I hereby state that I am the attorney for Piaintif~ in this matter, that Plaintiff is outside the jurisdiction of the courtand/or the verification could not be obtained within the time allowed for the filing of the pleading, that I azrr 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 the 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 authoriti Plaintiff D~( a , a a VERIIZCATION Xee Moua hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff, BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: ee oua DATE: 4 - 2 8 ~ 9 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. File #: 197095 Vockie PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 CIVIL DIVISION Plaintiff v DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/06/2010 to Date of Sale ($25.80 per diem) TOTAL ~'a~.vd ~~ ~~ 3?.oC~ - rr s! (~Q. DU - cr of 78.s~ _ ~, lV •OC7 - re IU.UU ~~ /U•Ud - ,~ lv.ac> - ,~ lv • OV rr /~-v o - .~ a.sa _ « c (l -i << t~ rc ~~ .c rc ,~ rl Note: Please attach description of property. PHS # 197095 c K~ Qs ~~ 4~ N0.09-2591 CUMBERLAND COUNTY C7 c '" -° __ ~ a v - ` ~ ' ._ _ _ ' ~ ~.' $156,939.64 ti ~~ 3 250.80 A rney for Plaintiff P an Haltinan & Schmie , LLP ^ awrence T. Phelan, Esq., Id. No. 32227 ^ rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele 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 x w a a a 0 H a w a O U~ po ~ o N za 00 ~ ~w o~ O~ w~ z~ ~a z~ O O zH U~ UU p~U ~O ~~ ~~ O~ ~ UW ODa ~ ~ dd ~~ Paz > x~ ~~~ pV ~ ~~~ ~ a w aWaQ ~U~ A~a 0 U W ~ 00 F ~ ~, 3° O ~ w °° ~~ U a b vii N N ~ N ~ ~ ~ a Hp U W~ O d x~ a Q A U f a ~ A ~ ~ ~ ~ C7 C7 3 ,aa~~ ~ ~~~ ~ ¢~~ W ~ ~ .~ w aw zoo w~ ~~,3 ~ ~,~3 QN~ Q a0 a c0 0 N ~O ap [~ M O~ d' O O Mb~ p~ pMN ~~C~zNN O az C Cz ~;Zo~O~N v~j~y C~ Oz~ ~°W ~~~w ~,W~°bbzb ~'~o ~~w ~ W W^~W...~•~•~'.ti N'WW~WW a~i goo ~wwW ~wx ~ ~ ~w ~ CE-~x.v~~a°,~AE-~ ~ i ~~C7 e~~~PU ~MC~y F'i VJ ^„~ ~~~~ ~~~~~~~~~~o~s~ a~^0~^ OD^^0^^~^0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2591 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA NATIONAL ASSOCIAITON AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIAITON, AS TURSTEE FOR LXS 2007-3, Plaintiff (s) From DANIEL P. VOCKIE, ALICE M. MACK AND PAMELA A. MACK (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 $156,939.64 L.L. $.50 Interest FROM 5/6/2010 TO DATE OF SALE ($25.80 PER DIEM) -- $3,250.80 Atty's Comm Atty Paid $386.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JTJNE 7, 2010 avi uell, Pr thonotary (Seal; By: REC~i~ESI'ING PARTY: N~line~.TE~iINE`~2. h~AVEY, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 87077 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Trindle Road (Pennsylvania Route 641) at the corner of land now or formerly of the Zeigler Estate; thence by the centerline of said Road, North 82 degrees 52 minutes 10 seconds East 100 feet to a nail; thence by the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Subdivision Plan, by land now or formerly of Kenneth L. Hurley and Deborah L. Hurley, husband and wife, South 27 degrees 04 minutes 00 seconds East 462.57 feet to an iron pin; thence by land now or formerly of Clarence Hair, South 82 degrees 52 minutes 10 seconds West 100 feet to an iron pin; thence by land now or formerly of the Zeigler Estate, North 27 degrees 04 minutes 00 seconds West 462.57 feet to a nail in the centerline of Trindle Road, the Place of BEGINNING. THE ABOVE TRACT is improved with a dwelling known as 1351 West Trindle Road, Carlisle, Pennsylvania 17013. INCLUDING a portion of said premises under and subject to the dedicated right-of--way line of Trindle Road and BEING Lot No. 1 on the Subdivision Plan of Lots of Irvin F. Hurley and Mildred B. Hurley, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 41, Page 131. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, rights-of--ways, objections, easements, agreements, etc., as they appear of record. With the appurtenances: TO HAVE AND TO HOLD the same unto and for the use of said party of the second part their heirs and assigns forever. TITLE TO SAID PREMISES IS VESTED IN Daniel P. Vockie, unmarried and Alice M. Mack, married and Pamela A. Mack, unmarried, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Cathy J. Swartzwelder, now by marriage known as Cathy J. Reisinger, married woman, joined by Robert C. Reisinger, her husband, for any and all interest he may have, dated 10/25/2006, recorded 10/26/2006 in Book 277, Page 1462. PREMISES BEING: 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746 PARCEL N0.22-24-0771-014. Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff v. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.09-2591 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Att y for laintiff Ph la Hallinan &Schmieg, LP ~~~' ; ~ )., ^ a ence T. Phelan, Esq., Id. No. 32227 t,-~ 4 ' ! ^ cis S. Hallinan, Esq., Id. No. 62695 '' Q ~ ^ Daniel G. Schmie Es Id. No. 62205 _ •~~ ' ,,;~ ~ r ~ ^ Michele M. Bradford, Esq., Id. No. 69849 ~ ~ ` ~~ ~ ! ^ 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 ' ~°, Ca ^ 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 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCC~;SSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff v. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION . N0.09-2591 CUMBERLAND COUNTY PHS # 197095 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3, 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 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DANIEL P. VOCKIE 230 ARNOT STREET ST. CLAIR, PA 17970 n ~~ N G7 ` I ALICE M. MACK 1351 WEST TRINDLE ROAD _ -,, C7 T CARLISLE, PA 17015-9746 rr =~' ' i w ~ ~ ~_ _ ~~. ~ r- ALICE M. MACK 230 ARNOT .STREET ~~~ ~ ` .~ n ~' ~,,t., ST. CLA1R, PA 17970 -- ~` -; ; .~ Y PAMELA A. MACK 1351 WEST TRINDLE ROAD ~~ ~~' i~ ~~'~ri CARLISLE, PA 17015-9746 PAMELA A. MACK 230 ARNOT STREET ST. CLAIR, PA 17970 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 property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Tosha A. Darr C/o: James Ivan Nelson, Esquire Ryan L. Weigle C/o: James Ivan Nelson, Esquire Cumberland County Adult Probation 935 Pennsylvania Avenue NW Washington; DC 20535 935 Pennsylvania Avenue NW Washington, DC 20535 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: game Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 1351 WEST TRINDLE ROAD CARLISLE, PA 17015-9746 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6`" Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifica ion authorities. .~. June 2, 2010 gy.~~~~ ~ ~1 ~1 Attorne f Plaintiff • Phelan a inan &Schmieg, L ^ Lawr e 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 ^ dith 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 l~1NK OF AMERICA NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS SUCsESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 CIVIL DIVISION Plaintiff N0.09-2591 vs. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DANIEL P. VOCKIE 230 ARNOT STREET ST. GLAIR, PA 17970 PAMELA A. MACK 1351 WEST TRINDLE ROAD CARLISLE, PA 17015-9746 ALICE M. MACK ~ N -° 1351 WEST TRINDLE ROAD ~'' C ~ - CARLISLE, PA 17015-9746 ;_~ ' ~ ~- r~ r-rr ~ , _ ~ ~ , '~1 [-l ~ ~J ~ Ley ALICE M. MACK ,b y. ~„ _ !-, . 230 ARNOT STREET '~'` ~ ~ ST.CLAIR, PA 17970 ~`•' ~ ~ r~.~ = PAMELA A. MACK 230 ARNOT STREET ST.CLAIR, PA 17970 * *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 RECENED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746 is scheduled to be sold at the Sheriff s Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $156,939.64 obtained by BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may 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. S. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-2591 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 vs. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK owner(s) of property situate in MONROE TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1351 WEST TRINDLE ROAD CARLISLE PA 17015-9746 Parcel No. 22-24-0771-014. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $156,939.64 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Trindle Road (Pennsylvania Route 641) at the corner of land now or formerly of the Zeigler Estate; thence by the centerline of said Road, North 82 degrees 52 minutes 10 seconds East 100 feet to a nail; thence by the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Subdivision Plan, by land now or formerly of Kenneth L. Hurley and Deborah L. Hurley, husband and wife, South 27 degrees 04 minutes 00 seconds East 462.57 feet to an iron pin; thence by land now or formerly of Clarence Hair, South 82 degrees 52 minutes 10 seconds West 100 feet to an iron pin; thence by land now or formerly of the Zeigler Estate, North 27 degrees 04 minutes 00 seconds West 462.57 feet to a nail in the centerline of Trindle Road, the Place of BEGINNING. THE ABOVE TRACT is improved with a dwelling known as 1351 West Trindle Road, Carlisle, Pennsylvania 17013. INCLUDING a portion of said premises under and subject to the dedicated right-of--way line of Trindle Road and BEING Lot No. 1 on the Subdivision Plan of Lots of Irvin F. Hurley and Mildred B. Hurley, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 41, Page 131. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, rights-of--ways, objections, easements, agreements, etc., as they appear of record. With the appurtenances: TO HAVE AND TO HOLD the same unto and for the use of said party of the second part their heirs and assigns forever. TITLE TO SAID PREMISES IS VESTED IN Daniel P. Vockie, unmarried and Alice M. Mack, married and Pamela A. Mack, unmarried, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Cathy J. Swartzwelder, now by marriage known as Cathy J. Reisinger, married woman, joined by Robert C. Reisinger, her husband, for any and all interest he may have, dated 10/25/2006, recorded 10/26/2006 in Book 277, Page 1462. PREMISES BEING: 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746 PARCEL N0.22-24-0771-014. fnldec (08/07) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s} used by the debtor(s) in the last 8 years, including monied, maideu, and trade): Daniel P Vockie 230 Arnot Street Saint Clair, PA 17970 Chapter 7 Case No. 5:09-bk-01362-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identificafion No(s)(if any): xxx-xx-7637 FINAL DECREE The estate of the above named debtor(s) has been fully administered. IT IS ORDERED TIIAT: William G Schwab (Trustee) is discharged as trustee of the estate of the above-named debtor(s); and the chapter 7 case of the above named debtor(s) is closed. BY THE COURT Dated: Julv 2.200 Honorable Robert N. Opel United States Bankruptcy Judge This document is electronically signed and fried on the same date. Case 5:09-bk-01362-RNO Doc 32 Filed 07/02/09 Entered 07!02/09 23:01:24 Desc Final Decree Closing Case Page 1 of 1 Bib (Official Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVA1vIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married. maiden, and trade): Daniel P Vockie 230 Arnot Street Saint Clair, PA 17970 Chapter 7 Case No. 5:09-bk-01362-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-7637 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, TT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: July 2. 200 ,~ Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR Ill~IPORTANT INFORMATION. This document is electronically signed and frled on the same date. Case 5:09-bk-01362-RNO Doc 31 Filed 07/02/09 Entered 07/02/09 02:01:22 Desc Ch 7 Discharge Page 1 of 2 .. Bib (Official Form 18) (02!09) Continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. jln a case involving community proyerty: There are also special rules that protect certain community property owned by the debtor's spouse, even i that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case ~uas filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Dicchar~gd Some of the conunon types of debts which are ~ discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankntptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 5:09-bk-01362-RNO Doc 31 Filed 07102/09 Entered 07/02109 02:01:22 Desc Ch 7 Discharge Page 2 of 2 BANK OF AMERICA NATIONAL ASSOCATION i SUCCESSOR BY MERGEF LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-< PLAINTIFF V. DANIEL P. VOCKIE, ALICE M. MACK, PAMELA A. MACK, DEFEN IN THE COURT OF COMMON PLEAS OF S :CUMBERLAND COUNTY, PENNSYLVANIA TO N Q V ~ ~ c n ~ • ~ .~. - r-- -~, ~~,~.. ' „~ r - c~ ; ~: -a ~ _~ J ['T ~.'~. " LD 1 tt ,~ ~.. ) ,_ . • - ,+~ ~ : r ~ ;:.. • TS N0.09-2591 CIVIL ~ , ~`=' ORDER OF COURT AND NOW, this 1~9~' day of July, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before August 10, 2010; 3. If no answer tb the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the determine if further 4. The P ants file an answer to this Rule to Show Cause, the Court will or hearing is necessary. ry is directed to forward said Answer to this Court. By the Court, /Jenine R. Davey, Esqu' Attorney for Plaintiff iel P. Vockie lice M. Mack ~mela A. Mack Defendants bas ~c! ~~.s rn.~ c 7 ~Q ~!o ~~ M. L. Ebert, Jr., J. ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '~ BANK OF AMERICA NATIONAL ASSOCIATION CUMBERLAND COUNTY AS SUCCESSOR BY MERGER TO LASALLE ,,, BANK NATIONAL ASSOCIATION, AS TRUSTEE COURT OF COMMON P~A~' ;; FOR LXS 2007-3 ---.~~ -+ Plaintiff, CIVIL DIVISION ~;~; ~ . ~ ~' v. - No. 09-2591 ~`' N ~ TM-b DANIEL P. VOCKIE ! y ~ ALICE M. MACK ~ ~~` CAA PAMELA A. MACK ~ c. N .~' Defendant(s) d 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 adds, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Miling (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Servile is attached hereto ~b t "~ WYL~ ~ Q Z0~0 Date: L] Lawre Ee " .Phelan, Esq., Id. No. 32227 ^ Fran s S. allinan, Esq. d. No. 62695 ^ Dan el G. chmieg, E ., Id. No. 62205 ^ Michele M. ,Esq., ld. No. 69849 ^ Judith T. Romano, Esq., [d. 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., (d. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ hrisovalante P. Fliakos, Esq., Id. No. 94620 ~ Joshua [. Goldman, Esq., ld. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 197095 y ~ Gz U G a c a W e r 0 ~ ~ ~~ ~N ~~ ~~ ~~a~ ~ p~ ~ O OqU ~~ a~ w- a.~Oc ii V1 TS ~ ~ ~ zb~ ~ ~N a F ~ .~ w ~~ ~ , P ~ fl3l{bW a £0 .a.~ g~`~ ~ o L.P,N 9 t! WL6Z 0 r a . _ ~ yy~q ~ r t - ~ti~ ~ E ~ a ~ ` ~ ~ ... ti ~p UY . ~ ~ ~ .~ ~ .5 "m ~ E W ~ u n ~~ ^$ ~ ~ ~ ai ~~ 3 S. ~ ~ ~ " ~ „ •'~ wg ~ ~ ~ ~ ~ , ° o ~w w o '6 qq N p h . •3 ~~ O N ~ ~ p i r/ ~ ~'h ~ ~ ~'~~ I ~ ~ ~~ ~ o a ~ W H d E" S ~' $ 0 ~ ~ o V ~ y O ~~ > d ~ »" ~, w ~ ~ ~ d M ~~ ~r ~ ~ ~~ a a w ~ S, ~ ~~ O a ~ ~ a ° ~ a 7 ~ 00 -. 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' F 1 `,` i .-~-„ e. `~ti Phelan Hallinan & Schmieg, LLP E3y: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF E~rancis S. Hallinan, Esq., Id. No. 62695 Uaniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shcctal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. 'I'abas, Esq., Id. No. 93337 Vivcl: Srivastava, Esq., Id. No. 202331 .lay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andre.v L. Spivack, Esq., Id. No. 84439 .laime McUuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 .loshua I. (aoldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 16 ] 7 JFK Boulevard, Suite 1400 Onc Penn Canter Plaza I'lliladclphia, PA 19103 215-563-7000 [3ANK OI~ AMERICA NATIONAL Court of Common Pleas ASSOCIAT[ON AS SUCCESSOR BY MERGER "I'O LASALLE BANK NATIONAL Civil Division ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff CUMBERLAND County v. DANIEL P. VOCKIE No. 09-2591 ALICF, M. MACK I'A,VII~~LA A. MACK Defendants CERTIFICATION OF SERVICE 197095 v ~ ~ I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date al~ August 10, 2010 was sent to the following individual on the date indicated below. AL1CI' M. MACK DANIEL P. VOCKIE PAMELA A. MACK ALICE M. MACK DANIEL P. VOCKIE PAMELA A. MACK 230 ARNO"C STREET 1351 WEST TRINDLE ROAD S"h. CLAIR, PA 17970 CARLISLE, PA 17015-9746 DANIEL P. VOCKIE PAMELA A. MACK A[,ICLs M. MACK 7 ELMA DRIVE PAiv1ELA A. MACK ELKTON, MD 21921 615 RARING DR ORWIGSI3URG, PA 17961-2205 Phelan Hallinan & Schmieg, LLP UATI~. ~ Z By: t~-( ~~~ ~~1~.~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinaiz, 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 ^ .Iaime 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 197095 PLAINTIFF BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 DEFENDANT DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK SERVE ALICE M. MACK AT: 615 RARING DR ORWIGSBURG, PA 17961-2205 PHS # 197095 SERVICE TEAM/ kxc COURT NO.: 09-2591 TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: 09/08/2010 SERVED ,yam Served and made known to ALICE M. MACK ,Defendant on the ~s day of v~G , 20 L , at $1 ~ , o'clock ~. M., at ~In~ a~fJv~ , in the manner described below: X Defendant personally served. o _ Adult family member with whom Defendant(s) reside(s). ~ ~ r<J ' Relationship is ~ c = ' ~ Adult in chazge of Defendant's residence who refused to give name or relationship. ~:? (-_'' ~ --t _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~ ` °~ -~- -r. _ Agent or person in chazge of Defendant's office or usual place of business. ~ ( an officer of said Defendant's company. '~ ~:~' _ Other: ~ ~ ~ _r'.y, ~. Description: Age ~_ Height S S ~ Weight i gs- Race w Sex ~ Other GI 3 ~ ~ I,rR,us~s~r~e ~e6lhiS ~~, a competent adult, being duly sworn according to law, depose and state thar~persQQ~~r Ily ; handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the capdbned -J case on the date and at the address indicated above. Sworn to and subscribed befor~~~Ie this 1L~day fi of r. ~i , 20% No t~gy; 77./..~ NOT SERVED On a day of , 20 . ; at _ o clock _. M., Defendant NOT FOiJND because:. • . Vacant _ Bad Address_ iVIov~Q Does Not Reside (J~Iot Vacant) • . _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of ~_. By: NOtary: ATTORNEY FOR PLAINTIFF Lawrenre T. Phelan, Esq., Id. No. 32227 Fends S. HaBL~an, Esq., Id No. 62655 Daniel G. Schmieg, Esq., Id. No. 62205 Mkhde M. Bedford, Esq., Id. No. 69849 Jndilh T. Romano, Esq., Id. No. 56743 Sheelal R. Shah•Jani, Esq., Id. Na 81760 Jenha: R. Davey, Esq.. Id. No. 87077 a_- Lauren R. Tabas, Esq., Id. No. 93337 MOTA~ S ~ Vhek Srivastava, Esq., M. No. 202331 Jay B. Janes, Faq., Id. Na. 866Sy JAMES Pelcr J• Mokahy, Esq., la. No. 61791 E OSBO RNE Andrew L Spivack, Eeq., Id. No. 84439 Notary pobllc WEIS Jayne McGnhmess, Esq., m. No. 90134 Ch i l P SPORT g ORO,, CARBON COUNT MY Comms r sova . FBaRas. Esq., w. No.946zo ante Jashw I. Goldman, Esq., m. N0. zose47 C R D E Id N Y sion Ex Tres p P A omimay . unn, sq., . o. z06779 hl w N zo 37s pr 2-~ 2013 e<~ s ~~ e ~~,nc~m 1617 John F. KeuKdy BWd., Suite 74011 Phihidelpl~is, PA /910318/4 (215)563.7000 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA NATTONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, PHS # 197095 AS TRUSTEE FOR LXS 2007-3 DEFENDANT SERVICE TEAM! kxc DANIEL P. VOCKIE COURT NO.: 09-2591 ALICE M. MACK PAMELA A. MACK SERVE PAMELA A. MACK AT: TYPE OF ACTION 7 ELMA DRIVE XX Notice of Sheriff s Sale ELKTON, MD 21921 SALE DATE: 09/08/2010 #*PLEASE RUSH SERVICE ATTEMPTS"• - SERVED ~ Served and mad known t P ,A A. MA Defendant on the~day o~r~,~, 20 ~Q, ~ ° ~ ~~ , o'clock ~ M., at (a ~ ~/~ , in the manner described below: ~_ ~ ~, ' ~ + ~efendant personally served. `' r -? _ Adult family member with whom Defendant(s) reside(s). G 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). - ,31 ~, _ Agent or person in charge of Defendant's office or usual place of business. ' ~ ; ~ _ an officer of said Defendant's company. ~ _ Other: J (~ ~~ C Description: ge Height ~ Weight { ~ I Race ~ Sex ~ Other TA(,~ Q ~, gyp..,,, ..... ~'O I, U~ 1Q(1 Qn , a competent adult, being duly sworn according to law, depose and state th ~S~~ARj• ;~ cf~ handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued i he captioned t case on the date and at the address indicated above. ; o Sworn to ands s 'bed '9 t~• A G ~ before a thi day ~'' <~'j ~! B L~ ' -'~ • of ~, 20 ~ ~L.,.,~E Cove Notary: /~-~Y ~ ! Vii! ./I/ NOT SERVED `~ h ' ~ ' 1Q On the day 1~ , 20_, at _ o'c(ock _. AFL, Defcndant NOT FOUN ~~~ f V • ._, Vacant. _ Bad Address _ Moved ~ `Does Not Reside (Not Vacant) ,_ ~ . . _ No Answer on at , Service Refused Other: Sworn to and subscribed before me this day of ~6=. By: Notary: ATTORNEY FOR PLAINTIFF Lawreme T. Phelan, Esq., Id. No. 32227 Franco S. Harry ~9-+ Id. No. 62695 I)aedel G. Schmieg, Fsq., hl. No. 62285 Mh~ek M. Beadtord, Esq., Id. No. 69649 Jwdfh T. Ramaaq Esq., Id. No. 56745 Sheefal R Sbah-Joni, Esq., Id. No. 61760 Janine R Dasey, Esq„ Id. No. 87877 Lauren R Tubes, Esq, Id. No. 93337 Visclc Seivaslava, Esq., W. No. 202331 Jay B. Janes, Esq, hL No.86657 Prier J. Mulcahy, Esq., Id. Nw 61791 Andros L Spivack, Esq., hl. No.84439 Jehoe McGahmrs, Esq., Id. No. 98134 ChrbonhaNe P. FWkm, Esq., Id. No.9467A Joshua L Gotlman, Esq., hL No.206047 Conetenay R Dmq Esq, M No.206779 Aadmr C. Brambku,~Fia., ld. No. 2118375 One Pam Center at bu~ao Statloo 1617 ]oM F. Kennody Bkd., Sahe 1400 Philadelphia, PA 191031814 (215)363.7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, PHS # 197095 AS TRUSTEE FOR LXS 2007-3 DEFENDANT DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK SERVICE TEAM/ lac COURT NO.: 09-2591 SERVE DANIEL P. VOCKIE AT: TYPE OF ACTION 230 ARNOT STREET XX Notice of Sheriff s Sale ~ ST. CLAH2, PA 17970 SALE DATE: 09/08/2010 C? o C~ o ri SERVED ,~ -` ~~ ~ _~ -r 1 Served and made known to DANIEL P. VOCKIE ,Defendant on the ~S day of ~, 20 !D' _:at 7'•~ o'clock ~. M., at •I-Lt,~ dbo~ , in the manner described below: ~ c~~ ~fendant personally served. ' - ~ - ' _ Adult family member with whom Defendant(s) reside(s). o _.., ~ m_ ~ Relationship is = r- _ ~ _ , 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). ~'~ 6 ~A' z Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: ~. i a ~, .A Description: Age ~ Height' q -Weight IIS~ - Race w Sex -'~ Other I,(nrlS{,6~Ir ~n„•~ C- t;}Jb~~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 subscribed before a this ~ day o J~«+~ ,201a ~ '`~ Notary. By: ~ NOT SERVED On the day of , 20_, at _ o'clock _ M., Defendan4 NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Nat Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of ~~ By: NOtary ATTORNEY FOR PLAINTIFF I.awrencc T. Phelry Esq., Id. No. 32227 Frnnds S. HalOnan, Esq., Id No. 62695 Daniel G. Schmkg, Faq., b. No. 62205 Mkhde M. Bedford, Esq., ld. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-7~4 Esq., Id. Nw 81760 Jrnlne R Davey, Esq., [d. No. 87077 Lauren R. Tebas, Esq., Id. No. 93337 NOTARIAL SEAL vireksdvastara, Esq., la. No. 202331 Jay B. Jonrs, Esq., Id. No. 86657 JAMES E OSBORNE Peter J.Mulrahy,Esq.,Id.No.61791 NOtefy PUbI1C Andrew I.. Spivaek, Esq., Ia. No. 84439 WEISSPORT BORO., CARBON COUNTY Jaime McGninne~, Esq., la. No. 90134 Chriaovalsnle P. FBakos, Esq., Id. No.94620 Jasnuo 1. caiaman, Esq„ Id. No. zasoa7 My Commission Expires Apr 29 C t R D E Id N 2067ri 20 oor emy mn, sq., . o. , 13 Andrnv G Brambkll, Faa., Id. No. 208375 One Penn Center at Sa n Station 1617 John F. Kennedy Bkd, Suite 1400 PhiladelPAla, PA 19103.1814 (215)563-7000 AFF~DAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, PHS # 197095 AS TRUSTEE FOR LXS 2007-3 DEFENDANT SERVICE TEAM/ kxc DANIEL P. VOCKIE COURT NO.: 09-2591 ALICE M. MACK PAMELA A. MACK SERVE ALICE M. MACK AT: TYPE OF ACTION 1351 WEST TRINDLE ROAD XX Notice of Sheriff s Sale CARLISLE, PA 17015-9746 SALE DATE: 09/08/2010 SERVED Served and made known to ALICE M. MACK ,Defendant on the ~ay of N t- , 20 ~, at ~~ ~~, o'clock g. M., at a IUD'f ~T y 3?~~~ 1~2 ~~in the manner described below: ~; ~ _ Defendant personally served. ~ ~-~ ~ ?~g,~ Adult family member with whom Defendant(s) reside(s). `"' C `~=- Relationship is ~.~~ ~ r Adult in charge of Defendant's residence who refused to give name or relationship. 6' '~' ' Manager/Clerk of place of lodging in which Defendant(s) reside(s). - -+p - - _Agent or person in charge of Defendant's office or usual place of business. - '} -' _ an officer of said Defendant's company. ~ ~.. Other: ' - • - - ~ ~a. Descr~ip\lion: Age 70S Height r D ~ Weight ~_ Race ~ Sex M Other ~' V I, ~i9t,D ~LL 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 subscribed KIMBERLY CURTY before me this Z~' day NOTARY PUBLIC of ~k l~ 20 v. STATE OF N$W JERSEY COMMISSION EXPIRES MARCH 7, 2013 _, r; -~ ;:, -; .. _'i No y: ~ NOT VED On t o , 20_, at _ o'clock _. M., Defendant NOT OUND because: _ ~ Vacant _ Bad Address ,_ Moved , • • Does Not Reside (Not Vacant) • , _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of -~ B y: Notary: ATTORNEY FOR PI.AIIVTIFF Lawrence T. Phehw, Esq» Id Nw 32227 Frands S. HaRnm, Esq» hL Nw 62695 Daniel G. Schmieg, Esq» ht. Nw 62205 Mk9tde M. Bndtord, Esq., Id. Nw 69899 Judith T. Romanq Esq., Id Nw 58745 Sheetal R Shute-]anf, Esq» Id Nw 81760 Jenhw• R Davey, Esq., Id. Nw 87077 Lenren R Tabas, Esq., Id. Nw 93337 Vivek Srlvaslava, Esq., Id. Nw 202331 Jay B. Joucs, Esq., hL Nw 86657 Peler J. Mulcahy, Esq., Id. Nw 61791 Andrew L. Sgvack, Esq» hl. Nw 84439 Jahne McGninneas, Esq., hL Nw 90134 CTsisovakmte P. Ftlakos, Esq., Id No. 94620 Joshua L Goklnaw, Esq» hi. Nw 205047 Conttrney R Umq Esq» Id Nw 206779 Andrew G Bre~ablNl. Nw 208375 Ore Penn Center al S Station 1617 Johe F. Kennedy Blvd., Suhe 1400 PhiledelPldu, PA 19103.1814 (215)563-7000 ' AFFITiAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATTON, PHS # 197095 AS TRUSTEE FOR LXS 2007-3 DEFENDANT DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK SERVICE TEAM/ kxc COURT NO.: 09-2591 ~-re~o~2) q-7~€mv6~ SERVE DANIEL P. VOCKIE AT: TYPE OF ACTION 1351 WEST TRINDLE ROAD XX Notice of Sheriff s Sale ~j CARLISLE, PA 17015-9746 SALE DATE: 09/08/2010 ° *~-~ C`? ~-- a ~. O ca SERVED -{, -~ ~?°,_ Served and made known to DANIEL P. VOCKIE ,Defendant on the aZ~day of N ~ , 20 ! O , at to t`'' •?%~f ,o'clock ~. M., at ~3o IUoT 51"~ ~l'-Ct,~~ P/~'R , in the manner described below: s, is-, ~[ Defendant personally served. -= " ~: r;_ _ Adult family member with whom Defendant(s) reside(s). '6 ." Relationship is ~ < S' Adult in charge of Defendant's residence who refused to give name or relationship. ~-' 9J ' •"• Manager/Clerk of place of lodging in which Defendant(s) reside(s). ; % W ~~"' _ Agent or person in charge of Defendant's office or usual place of business. ~ _ an officer of said Defendant's company. Other: Description: Age `1711~s Height ~~ Weight .ZDO Race W Sex M Other I, '(,,,D A~IO ~-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 subscribed ~ 5-~' IS V/~~~^ 1NVl>~~l7~JIT~Ga- 'Dl5cc.63~j '~T before me this ~~ day ~~,! 1 ~~ ~' a30 /}SNOT ~?', of , ,c M ~, 20L Not By: NOT SERVED On e f . , 20_, at _ o clock _. M., Defendant NOT FOUND because: Vacant " ~ $ad Address _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at , Service Refused Other: 1~ Sworn to and subscribed before me this day of ~~ By: Notary: KJT,tgERLY CURTY NOTARY pUgLIC STATE OF NEW ,}pt3£Y MY COMMISSION EXPIRES -r1ARCH 7, 2{Il3 ATTORNEY FOR PLAINTIFF Lawreme T. Phelan, Esq., ld. No. 32227 Fwnds S. HaBh~, F,9, Id. No. 62695 Da~del C. Schmieg, Esq., Id. No. 62205 Mhia;k M.Btadford, Esq., Id. No.69849 Judith T. Romano, Esq., Id. No. 58745 Sheets! R Shah-Jan!, Esq., Id. No. 81760 Jenroe R Davey, Esq., Id. No. 87077 tancen R Tabas, Esq., Id. No.93337 Vivek Srivastava, Esq., Id. No. 202131 Jay B. Jones, Esq., Id. No. 86657 Paler J. Mulcahy, F~q., ld. No.61791 Andrew L Spivark, Esq., Id. No. 84439 Jaime McGuinn~, Esq., ld. No. 90134 Chrieovalante P. FBakas, Esq., W. No. 94620 Jammu L Gotlman, Esq., Id. Nw 2050!7 Courlmey R Dnnn, Esq., hL No. 2067)9 Ardmv G Brambktl, Fsq., Id. No. 288375 One Peon Center at Sab n Staiian 1617 John F. Kennedy Bhd., Suite 1400 PhBadeBphia, PA 79103.1814 (215) 56}7000 5'i .~ i ` j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BANK OF AMERICA NATIONAL No. 09-2591 ASSOCIATION AS SUCCESSOR BY MERGER: TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE OR LXS 2007-3 v. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant REPLY TO PLAINTIFF'S MOTION TO REASSESS DAMAGES AND NEW MATTER 1. Admitted. 2. Admitted. 3. Paragraph sets forth a conclusion of law and now answer is required. 4. Admitted. 5. Denied and proof thereof is demanded. 6. Denied and proof thereof is demanded. 7. Paragraph sets forth a conclusion of law and now answer is required. 8. Admitted. 9. Admitted. 10. Admitted. NEW MATTER cn ~ ~' ._ ~ , ~p a _~ f C _ _~ :~ -7-~ _: T, ~~ - ,~ -, ~ : ~~ ~ c :, vo ~~ ~ w 11. On February 27, 2009 defendant, Daniel Vockie, filed bankruptcy in the Middle District of Pennsylvania. 12. In the bankruptcy petition the defendant, Daniel P. Vockie, listed the real estate in Cumberland County as being surrendered to the mortgage holder. 13. The defendant, Daniel P. Vockie's bankruptcy discharge was on January 2, 2009. 14. Prior to the bankruptcy the defendant, Daniel P. Vockie, and Alice Mack contacted the mortgagee to surrender the real estate and provide a deed in lieu of foreclosure. 15. The mortgagee did not respond. 16. During the bankruptcy proceedings the Wells Fargo mortgagee was contacted to submit a deed in lieu of foreclosure. The mortgagee never responded with instructions for surrender of the real estate. 17. Subsequent to the bankruptcy discharge the mortgage holder was contacted concerning a deed in lieu of foreclosure and surrender of the real estate. 18. Defendant's counsel was advised by telephone that he would be contacted by an attorney from the department concerning that matter to discuss the details. 19. No contact was made by Wells Fargo conceming submission of a deed in lieu of foreclosure. 20. The additional fees and costs incurred by the plaintiff is a result of their own delay and failure to cooperate in resolving this matter prior to or during the foreclosure action. WHEREFORE, defendant requests that the court deny the request for any additional reassessment of fees and costs. ~e u. vvaircros, tsquire omey for Daniel P. Vockie 101 South Second Street P.O. Box 65 Saint Clair, PA 17970-0065 Telephone (570) 429-0326 Attorney I.D. # 26001 2 Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BANK OF AMERICA NATIONAL No. 09-2591 ASSOCIATION AS SUCCESSOR BY MERGER: TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE OR LXS 2007-3 v. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant ATTORNEY VERIFICATION The undersigned hereby states that he is the attorney for the defendant, Daniel P. Vockie, and is authorized to take this verification on behalf of said defendant in the within action and verifies that the attached Reply to Plaintiff's Motion to Reassess Damages and New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that false statements herein are made subject to penalties of 18 Pa. C.S. A. §4904, relating to unsworn falsification to authorities I~ff D. W~tl~is, Esquire attorney for Daniel P. Vockie 101 South Second Street P.O. Box 65 Saint Clair, PA 17970-0065 Telephone (570) 429-0326 Attorney I.D. # 26001 Dated: Au4ust 9. 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BANK OF AMERICA NATIONAL No. 09-2591 ASSOCIATION AS SUCCESSOR BY MERGER: TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE OR LXS 2007-3 v. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant CERTIFICATE OF SERVICE I, Kent D. Watkins, Esquire, hereby certify that on August 9, 2010, a copy of the defendant's Reply to Plaintiffs Motion to Reassess Damages and New Matter was sent by first class mail, postage prepaid, to the following: Sheetal R. Shah-Jani, Esquire Phelan, Hallinan 8~ Schmieg, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 nt D. atkins, Esquire 01 South Second Street P.O. Box 65 Saint Clair, PA 17970-0065 Telephone (570) 429-0326 Attorney I . D. # 26001 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P, Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE, BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff V. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendants U 71 iw r f) -_?? [_ -? r Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 09-2591 PLAINTIFF'S REPLY TO DEFENDANT'S REPLY TO PLAINITFF'S MOTION TO REASSESS DAMAGES AND NEW MATTER Plaintiff, Bank of America National Association as Successor Trustee by Merger to LaSalle Bank National Association, as Trustee for LXS 2007-3, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant, Daniel Vockie, and in support thereof; states as follows: 11. Admitted. 12. Admitted. By way of further answer, the surrender of property is not effectuated by Defendant's bankruptcy filing and a statement of intentions to do same. Title may only transfer by deed, which can be accomplished by many means, including foreclosure. 13. Denied as stated.Defendant Daniel Vockie received a discharge in Chapter 7 bankruptcy on July 2, 2009. By virtue of the discharge, Mr. Vockie has no personal liability for the underlying debt. 14. Denied. Plaintiff's counsel is without information or knowledges sufficient to form a belief as to the truth of the within averment. Regardless, Plaintiff is not under any obligation to accept a deed in lieu of mortgage foreclosure when offered by a home owner. Strict proof to the contrary is demanded. 15. Denied. Plaintiff's counsel is without information or knowledges sufficient to form a belief as to the truth of the within averment. 16. Denied. Plaintiff's counsel is without information or knowledges sufficient to form a belief as to the truth of the within averment. Strict proof to the contrary is demanded. To the extent a response is required, Plaintiff s counsel first learned of the request for deed in lieu of mortgage foreclosure in April 2010. Again, Plaintiff can be neither compelled or required to accept a deed in lieu of foreclosure. 17. Admitted. Plaintiff s undersigned counsel was contacted in April 2010 about a possible deed in lieu. To date, Counsel has not received authorization to proceed with a deed in lieu and therefore is proceeding with the underlying foreclosure action. 18. Admitted. To date, Counsel has not received authorization to proceed with a deed in lieu and therefore is proceeding with the underlying foreclosure action. 19. Denied as stated. Plaintiffs counsel incorporates the above-responses to paragraph nineteen (19) of Defendant's Reply and New Matter. To the extent that a response can be provided, to date, Counsel has not received authorization to proceed with a deed in lieu and therefore is proceeding with the underlying foreclosure action. Again, Plaintiff can be neither compelled or required to accept a deed in lieu of foreclosure. 20. Denied. Plaintiff specifically objects to Defendant's claim that the additional fees and costs should be borne by Plaintiff. First and foremost, Plaintiff is seeking reassessment of an in rem judgment which is levied against the mortgaged premises and is completed to ensure that Plaintiff is made whole in the event the premises is sold to a third party at the Sheriff Sale. Further, Defendant has no personal liability for same in light of his Chapter 7 discahrge and thus, should not be concerned with the reassessment of the in rem judgment. Finally, Plaintiff is not barred from recovering its additional fees and costs simply because it has not agreed to accept Defendant's offer of a deed in lieu of mortgage foreclosure. Strict proof to the contrary is demanded. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By: r V --I I" - os Sc ,Esquire AttVh ev for Plaintiff VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP - - Date: By: ( 1? Joseph chalk, Esquire Attd'rnv for Plaintiff 126V,6cust Street Harrisburg, PA 17101 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff V. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 09-2591 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was sent via first class mail to the person listed below on the date indicated: DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK 230 ARNOT STREET ST. CLAIR, PA 17970 DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK 1351 WEST TRINDLE ROAD CARLISLE, PA 17015-9746 DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK 615 RARING DR ORWIGSBURG, PA 17961-2205 PAMELA A. MACK 7 ELMA DRIVE ELKTON, MD 21921 Kent D. Watkins, Esquire 101 South Second Street P.O. Box 65 Saint Clair, PA 17970 Date: By: Jo P. chalk, Esquire ,A ornev for Plaintiff A.- V- 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 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff V. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendants ATTORNEY FOR PLAINTIFF 'Tj ?- C> CD Court of Common Pleas Civil Division CUMBERLAND County No. 09-2591 197095 PRAECIPE TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on July 12, 2010 in the above referenced action. Phelan Hallinan & Schmieg, LLP DATE: By: P1ielan, Esq., Id. No. 32227 DIW6 T. HF?ncis S. Hallinan, Esq., Id. No. 62695 iel 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 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 197095 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 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 BANK OF AMERICA NATIONAL Court of Common Pleas ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL Civil Division ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff CUMBERLAND County V. No. 09-2591 DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendants CERTIFICATE OF SERVICE 197095 I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK 230 ARNOT STREET ST. CLAIR, PA 17970 DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK 615 RARING DR ORWIGSBURG, PA 17961-2205 DATE: ? 1?31 o DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK 1351 WEST TRINDLE ROAD CARLISLE, PA 17015-9746 PAMELA A. MACK 7 ELMA DRIVE ELKTON, MD 21921 Phelan Hallinan & Schmieg, LLP By: nce T1 Phelan, Esq., Id. No. 3-2227 s S. Hallinan, Esq., Id. No. 62695 L-Waniel 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 ATTORNEY FOR PLAINTIFF 197095 SHERlF~'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~p'br~titp 0~ ~pttt~Frf~~~ ~ ` ` ;'r~, _ ~'~~_ED-+3Fr ICE CAF i a-E i'2CJT~!©NOTA~Y PQ~~ 1~T ~~ A"~ 9~ IYS Richard W Stewart SOilCItOr ~7F~~i;~ ` ~ ._E ShERI~F C~;`~'EE~i~AD CCU~TY r ~:~:~iSY~.VAP6iA Bank of America National Association Case Number vs. 2009-2591 Pamela A. Mack (et al.) SHERIFF'S RETURN OF SERVICE 06!21/2010 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: Alice M. Mack to her last known address of, 230 Arnot Street, St. Clair, PA 17970. The return receipt card was signed by, M. Asper, on July 2, 2010, and returned to the Cumberland County Sheriff's Office 06/21/2010 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 Pamela A. Mack to wit: Pamela A. Mack to her last known address of, 230 Arnot Street, St. Clair, PA 17970. The return receipt card was signed by, M. Asper, on July 2, 2010, and returned to the Cumberland County Sheriffs Office 06/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Saie 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: Daniel P. Vockie, to his last known address of, 230 Arnot Street, St. Glair, PA 17970. The return receipt card was signed by, M. Asper, on July 2, 2010, and returned to the Cumberland County Sheriffs Office 06/23/2010 02:57 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Daniel P. Vockie, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Daniel P. Vockie, defendant moved, did not leave forwarding address. 06/23/2010 02:57 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Pamela A. Mack, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Pamela A. Mack, defendant moved, did not leave forwarding address. 06/23/2010 02:57 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-201C at 1452 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Pamela A. Mack, Daniel P. Vockie, and Alice M. Mack, located at, 1351 West Trindle Road, Carlisle, Cumberland County, Pennsylvania according to law. 06/23!2010 02:57 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alice M. Mack, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Alice M. Mack, defendant moved, did not leave forwarding address. 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 918110 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Wilmington Trust Company, as Successor Trustee to Bank of America, National Association (Successor by Merger to LaSalle Bank National Association) As Trustee for LXS 2007-3C, 3476 Stateview Blvd., Fort Mill, SC, 29715, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 840.30 {ci Gou~~',ySuite Shenft, SeleosuR. Inc. SHERIFF COST: $840.30 October 11, 2010 SO ANSWERS, tom---- RON R ANDERSON, SHERIFF 7 B~TK OF A11~R~A 1~iATIONAL ASSOCIATION AS SI~FCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 Plaintiff v. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-2591 CUMBERLAND COUNTY PHS # 197095 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3, 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 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL P. VOCKIE ALICE M. MACK ALICE M. MACK PAMELA A. MACK PAMELA A. MACK Address (if address cannot be reasonably ascertained, please so indicate) 230 ARNOT STREET ST. CLA1R, PA 17970 1351 WEST TRINDLE ROAD CARLISLE, PA 17015-9746 230 ARNOT.STREET ST. CLAlR, PA 17970 1351 WEST TRINDLE ROAD CARLISLE, PA 17015-9746 230 ARNOT STREET ST. CLA1R, PA 17970 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 3. -Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Tosha A. Darr 935 Pennsylvania Avenue NW C/o: James Ivan Nelson, Esquire Washington; DC 20535 Ryan L. WeiglC 935 Pennsylvania Avenue NW C/o: James Ivsn Nelson, Esquire Washington, DC 20535 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest maybe 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 1351 WEST TRINDLE ROAD CARLISLE, PA 17015-9746 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 United States Internal Revenue 13th Floor, Suite 1300 Special Procedures Branch 1001 Liberty Avenue Federated Investors Tower Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Boa 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 Commonwealth of Pennsylvania Bureau of Individual Taa Inheritance Taz Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6`~ Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222. P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that alse statements herein aze made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifica on authorities. ~ June 2, 2010 By. Phelan a man & Schmieg, LIrP ^ La T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. b2205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ 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. 8665'1 ^ 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 BANK OF AMERICA NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS SUCCE} SOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 ~ CIVIL DIVISION Plaintiff N0.09-2591 vs. CUMBERLAND COUNTY DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK ' Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DANIEL P. VOCKIE ALICE M. MACK 230 ARNOT STREET 1351 WEST TRINDLE ROAD ST. CLAIR, PA 17970 CARLISLE, PA 17015-9746 PAMELA A. MACK 1351 WEST TRINDLE ROAD CARLISLE, PA 17015-9746 ALICE M. MACK 230 ARNOT STREET ST.CLAIIt, PA 17970 PAMELA A. MACK 230 ARNOT STREET ST.CLAIR, PA 17970 **THLS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.L BE USED FOR THAT PURPOSE. IF YOU RAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-4746 is scheduled to be sold at the Sheriffs Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $156,939.64 obtained by BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007 3 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be 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 b~ able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was i~properly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have o~ stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared fo the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze 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 YOURZAWYER 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 N0.09-2591 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LX5 2007-3 vs. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK owner(s) of property situate in MONROE TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1351 WEST TRINDLE ROAD. CARLISLE, PA 17015-9746 Parcel No. 22-24-0771-014. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $156,939.64 Phelan Iiallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Trindle Road (Pennsylvania Route 641) at the corner of land now or formerly of the Zeigler Estate; thence by the centerline of said Road, North 82 degrees 52 minutes 10 seconds East l OU feet to a nail; thence by the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Subdivision Flan, by land now or formerly of Kenneth L. Hurley and Deborah L. Hurley, husband and wife, South 27 degrees 04 minutes 00 seconds East 462.57 feet to an iron pin; thence by land now or formerly of Clarence Hair, South $2 degrees 52 minutes 10 seconds West 100 feet to an iron pin; thence by land now or formerly. of the Zeiglet Estate, North 27 degrees 04 minutes 00 seconds West 462.57 feet to a nail in the centerline of Trindle Road, the Place of BEGINNING. THE ABOVE TRACT is improved with a dwelling known as 1351 West Trindle Road, Carlisle, Pennsylvania 17013. INCLUDING a portion of said premises under and subject to the dedicated right-of-way line of Trindle Road and BEING Lot No. 1 on the Subdivision Plan of Lots of Irvin F. Hurley and Mildred B. Hurley, recorded in the OfJ'ice of the Recorder of Deeds in and for Cumberland County, in Plan Book 41, Page 131. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, rights-of-ways, objections, easements, agreements, etc., as they appear of record. With the appurtenances: TO HAVE AND TO HOLD the same unto and for the use of said party of the second part their heirs and assigns forever, TITLE TO SAND PREMISES IS VESTED 1N Daniel P. Vockie, unmarried and Alice M. Mack, married and Pamela A. Mack, unmarried, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Cathy J. Swartzwelder, now by marriage known as Cathy J. Reisinger, married woman, joined by Robert C. Reisinger, her husband, for any and all interest he may have, dated 10/25!2006, recorded 10/26/2006 in Book 277, Page 1462. PREMISES BEING: 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746 PARCEL N0.22-24-0771-014. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Trindle Road (Pennsylvania Route 641) at the corner of land now or formerly of the Zeigler Estate; thence by the centerline of said Road, North 82 degrees 52 minutes 10 seconds East 100 feet to a nail; thence by the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Subdivision Plan, by land now or formerly of Kenneth L. Hurley and Deborah L. Hurley, husband and wife, South 27 degrees 04 minutes 00 seconds East 462.57 feet to an iron pin; thence by land now or formerly of Clarence Hair, South 82 degrees 52 minutes 10 seconds West 100 feet to an iron pin; thence by land now or formerly of the Zeigler Estate, North 27 degrees 04 minutes 00 seconds West 462.57 feet to a nail in the centerline of Trindle Road, the Place of BEGINNING. THE ABOVE TRACT is improved with a dwelling known as 1351 West Trindle Road, Carlisle, Pennsylvania 17013. INCLUDING a portion of said premises under and subject to the dedicated right-of-way line of Trindle Road and BEING Lot No. 1 on the Subdivision Plan of Lots of Irvin F. Hurley and Mildred B. Hurley, recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 41, Page 131. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, rights-of--ways, objections, easements, agreements, etc., as they appeaz of record. With the appurtenances: TO HAVE AND TO HOLD the same unto and for the use of said party of the second part their heirs and assigns forever. TITLE TO SAID PREMISES IS VESTED IN Daniel P. Vockie, unmarried and Alice M. Mack, married and Pamela A. Mack, unmarried, as joint tenants with the right of survivorship and not as tenants in common, by Deed from Cathy J. Swartzwelder, now by marriage known as Cathy J. Reisinger, married woman, joined by Robert C. Reisinger, her husband, for any and all interest he may have, dated 10/25/2006, recorded 10/26/2006 in Book 277, Page 1462. PREMISES BEING: 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746 PARCEL NO. X2-24-0771-014. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTI~OF PENNSYLVANIA) NO 09-2591 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE .SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA NATIONAL ASSOCIAITON AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIAITON, AS TURSTEE FOR LXS 2007-3, Plaintiff (s) From DANIEL P. VOCKIE, ALICE M. MACK AND PAMELA A. MACK (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 $156,939.64 L.L. $.50 Interest FROM 5/6/2010 TO DATE OF SALE ($25.80 PER DIEM) -- $3,250.80 Atty's Cornm % Due Prothy $2.00 Atty Paid $386.50 Other Costs Plaintiff Paid Date: JUNE 7, 2010 ~ ~ ~/ `~ / Davi D. Buell, Prothonotary (Seal) By: Deputy REQIJESTIP~G rAR'TY: Name JENII~TE R. I,IAVEY, ESQ. Address: PHEL.r~.N HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone:' 215-563-7000 Supreme Cburt ID No. 87077 ~~ On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 1351 West Trindle Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ~. Real Estate Coordinator ~'_ - +~ v; `/ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a legal periodical published in the Borough of 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 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 16, July 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 chazacter of publication are true. wnt 110. coos-sa9>< ci.it Bank of America National Association As 8uccesaor by Merger to Lasalle Bank National Association As Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset- Backetd Certificates, Series 2007-3 vs. Pame]a A. Mack Daniel P. Vockie Alice M. Mack Atty.: Daniel G. Schmieg BY virtue of a Writ of Execution NO. 09-2591, BANK OF AMERICA NATIONAL ASSOCIATION AS SUC- CESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 vs. DANIEL P. VOCKIE, ALICE M. MACK, PAMELA A. MACK, owners of prop- erty situate in MONROE TOWNSHIP, Cumberland County, Pennsylvania, being 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746. Parcel No. 22-24-0771-014. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $156,939- .64. ~~ isa Marie Co ,Editor SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL OE80RAH A COLLINS Notary Public CARLISLE 80ROU(iH, CUMBERLAND COUNTY My Comn~isaion Ezpirea Apr 2B, 2014 The Patriot-News Co. X2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c~he ~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. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 Sworn to ar~,d~subscribed before me his 0~ Hof August, 2010 A.D. .-~ / ,J --- Notary Public ~'~~~ COMMONWE~413'~i Ol' ~ ., . Sherrd ~otarla! Sl!BP - e L. Klsner, Note Lower Paxton +Y Pt,bPl MY Commisslon~p'• DeuptPln t~ounty ~~ Member, P ~!~ Mov. 26, zn~ 1 enn,sy!vanPa ,^~~. Writ No. 2009-2591 Civil Term Bank of America National Association As Successor by Merger to Lasalle Bank National Association As , Trustee for Merrill Lynch First Franklin ,Mortgage Loan Trust, Mortgage Loan Asset-Backetd Certificates, Series 2007ti3 Vs Pamela A. Mack Daniel P, Vockie • Alice M. Mack Atty: Daniel G Schmieg By virtue of a Writ of Execution N0.09-2591 BANK OF AMERICA NATIONAL ASSOCIATION AS SUCC$SSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LXS 2007-3 vs. DANIEL P. VOCKIE ALICE M. MACK PAMELA A. MACK owner(s) of property situate in MONROE TOWNSIIIP, CumbetlandCounty,Pennsylvania, being (Municipality) 1351 WEST TRINDLE ROAD, CARLISLE, PA 17015-9746 Pazcel No. 22-24-0771-014. (Acreage or street address) Improvements .thereon: RESIDENTIAL .DWELLING JUDGMENT' AMOUNT: $156,439.64 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which LXS 2007-3C 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 7th day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 2591, at the suit of LXS 2007-3 Tr against Daniel P Vockie, Alice M & Pamela A Mack is duly recorded as Instrument Number 201030015. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ~~ecorder of Deeds dmberfard Canty, OarAele. PN My 6~fres the Rest d,kn, 2014