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Home My WebLink About09-3175% r 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 -oVivek 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 206070 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- BACKED CERTIFICATES, SERIES 2007-3 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff V. TROY E. MYERS TRICIA K. GILES 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 4 / - 3 17 5" c a ? fcl ??+ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 206070 . 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 #: 206070 Plaintiff is 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-BACKED CERTIFICATES, SERIES 2007-3 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 2. The name(s) and last known address(es) of the Defendant(s) are: TROY E. MYERS TRICIA K. GILES 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR NATIONPOINT, A DIV OF FFFC, AN OP. SUB. OF MLB&T CO., FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1989, Page 0686. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 206070 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2008 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. The following amounts are due on the mortgage: Principal Balance $103,789.95 Interest $5,475.39 10/01/2008 through 05/17/2009 (Per Diem $23.91) Attorney's Fees $1,300.00 Cumulative Late Charges $219.30 04/17/2007 to 05/17/2009 Property Inspections $15.00 Non Sufficient Funds Charge $40.00 Cost of Suit and Title Search 750.00 Subtotal $111,589.64 Escrow Credit $0.00 Deficit $2,145.11 Subtotal $2,145.11 TOTAL $113,734.75 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 206070 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 206070 4 , WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $113,734.75, together with interest from 05/17/2009 at the rate of $23.91 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. & SCHMIEG, LLP By: Lawrence T. helan, 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 #: 206070 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Pine Road and land now or formerly of D. H. Pensinger; thence by said Pine Road, South 53 degrees West 66 feet to a point; thence by said Road, South 59 1/2 degrees West 34 feet to a point in the center of said road; thence by land now or formerly of Charles H. Lenhart Estate, North 26 1/2 degrees West 188 feet and 3 inches to a point in the line of land now or formerly of D. H. Pensinger; thence by said Pensinger, South 56 degrees East 200 feet to the place of BEGINNING. CONTAINING 1/4 of an acre, more or less. SUBJECT, however, to such recorded easements, restrictions and conditions that may apply to the afore-described tract of land. PARCEL NO. 40-30-2646-002 PROPERTY BEING: 8 PINE ROAD File #: 206070 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities DATE: 1 File #: 206070 D C,F ARY 2009 HAY I ? A11 s \jTY -1`7 S"6 P°t a./y ck $0-7 3 qy Q? ?L- aS3O? Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy °`0IV of cuafbcr??A Edward L Schorpp Solicitor Jody S Smith 0MCE C F -"E S"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/19/2009 09:30 M -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 19, 2009 a 2130 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within amed defendant, to wit: Troy E. Myers, by making known unto Tricia K. Giles, adult in charge at 8 Pine R ad Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time h nding to her personally the said true and correct copy of the same. 05/19/2009 08:30 M - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 19, 2009 a 2130 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within amed defendant, to wit: Tricia K. Giles, by making known unto herself personally, defendant at 8 Pine R ad Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time ha ding to her personally the said true and correct copy of the same. SHERIFF COST: May 20, 2009 ?.S*VIS41 S, K R THOMAS KLINE, SHERIFF -, -'?' Z; ? e? ? Deputy Seri 2009-3175 Bank of A v Troy E. Myers r-l -n 1- ? .r.. ..4.1 LT § ? ?e 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 Ll- ourtenay 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 MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET- BACKED CERTIFICATES, SERIES 2007-3 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. 09-3175-CIVIL VS. TROY E. MYERS TRICIA K. GILES PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TROY E. MYERS, and TRICIA IC GILES, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $113,734.75 Interest - 05/18/2009 to 07/01/2009 $1,075.95 TOTAL $114,810.70 I hereby certify that (1) the Defendants' last known address is .8 PINE ROAD„ MOUNT HOLLY SPRINGS, PA 17065-1923, and (2) that notice has been given in accordance with Rule 237.1, copy attached. awrence 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-- Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 1171 L? DATE: '7,IT1 Pxs # 206070 PROTHONOTAR ' n 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-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff V. TROY E. MYERS TRICIA K. GILES Defendant(s) TO: TROY E. MYERS 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-3175-CIVIL CUMBERLAND COUNTY FjZF??Py DATE OF NOTICE: June 11, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS 4 206070 r IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 17) 249-3166 7: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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 206070 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-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff V. TROY E. MYERS TRICIA K. GILES Defendant(s) TO: TRICIA K. GILES 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 COURT OF COMMON PLEAS CIVIL DNISON NO. 09-3175-CWIL CUMBERLAND COUNTY flCf COPY DATE OF NOTICE: June 11, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 206070 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717) 249-3166 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 206070 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 MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET- BACKED CERTIFICATES, SERIES 2007-3 VS. TROY E. MYERS TRICIA K. GILES Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-3175-CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he /she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TROY E. MYERS is over 18 years of age and resides at 8 PINE ROAD„ MOUNT HOLLY SPRINGS, PA 17065-1923. (c) that defendant TRICIA K. GILES is over -18 years of age and resides at 8 PINE ROAD„ MOUNT HOLLY SPRINGS, PA 17065-1923. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. awrence 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-- Andrew C. Bramblett, Esquire Attorney for Plaintiff RLED- 2009 JUL -6 Ph 1: ? i 14. oo P a A-11 CKrw Raa9't8 PT* OIS? S (Rule of Civil Procedure No. 236) - Revised 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-BACKED CERTIFICATES, SERIES 2007-3 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No. 09-3175-CIVIL VS. TROY E. MYERS TRICIA K. GILES 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this ence 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, Esquires Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 v-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 MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-3175-CIVIL : CUMBERLAND COUNTY PHS #: 206070 VS. TROY E. MYERS TRICIA K. GILES Defendant(s) 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 Atto ey for Plaintiff By Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 07-07-09 PHS #: 206070 ?. VERIFICATION Vice President Bryan G. Kusich hereby states that he/she is of HOME LOAN SERVICES, INC., servicing agent for Plaintiff, U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N. A. AS SUCCESSOR BY MERGER TO LASALLE BANK N. A., AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 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 Name: DATE: 5 - a ko - 0 ? 111an G. Kusich Title: Vice President Company: HOME LOAN SERVICES, INC. File #: 206070 Myers 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 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 MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff VS. TROY E. MYERS TRICIA K. GILES Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-3175-CIVIL 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: TROY E. MYERS 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 TRICIA K. GILES 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 Date: 07-07-09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Z?? 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 Andrew C. Bramblett, Esquire FI T'1.1,. .. F r t. 2C"9 U,L 10 !'1; -: S " i ly Clan,` .: ?} r, 4 .2 0, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy t ~° .. 7~ Edward L Schorpp Solicitor ~'f~ ~ ~~~ , ~ ~ ~~ 2C~ ~.': r. , Bank of America National Association Case Number vs. Troy E. Myers (et al.) 2009-3175 SHERIFF'S RETURN OF SERVICE 10/01/2009 12:56 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1256 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 Troy E. Myers &Tricia K. Giles, located at 8 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania according to law. 10/05/2009 08:44 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-05-09 at 2044 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tricia K. Giles, by making known unto, Tricia K. Giles, adult in charge, at 8 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/05/2009 08:44 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-05-09 at 2044 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Troy E. Myers, by making known unto, Tricia K. Giles, adult in charge, at 8 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/07/2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $749.60 SO ANSWERS, --.~... April 07, 2010 RON R ANDERSON, SHERIFF ~a. so ~~ S' ~ 7sao 8 ,~aUos'7/ BANK OF AM~RICE'!-, NATIONAL ASSOCIATION AS •SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff, v. TROY E. MYERS TRICIA K. GILES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3175-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 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-BACKED CERTIFICATES, SERIES 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 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) TROY E. MYERS 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 TRICIA K. GILES 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 2. Name and address of Defendant(s) in the judgment: SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Steve Norford 204 Clearview Road, New Cumberland, PA 17070 Gail Norford 204 Clearview Road, New Cumberland, PA 17070 Donald W. Samples 22 Dartmouth Lane, Haverford, PA 19041 Adele D. Samples 22 Dartmouth Lane, Haverford, PA 19041 Donald W. Samples, C/O 714 Bridge St ROBERT P. KLINE New Cumberland, PA 17070 Adele D. Samples, C/O 714 Bridge St ROBERT P. KLINE New Cumberland, PA 17070 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, AS NOMINEE FOR Nationpoint, a div. of FFFC. an op. Sub. of MLB&T Co., FSB P.O. BOX 2026 FLINT, MI 48501-2026 MERS, INC. Nationpoint, a div. of FFFC. an op. Sub. of MLB&T Co., FSB Pennsylvania Housing Finance Agency 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 2150 North First Street, San Jose, CA 95131 211 North Front Street, P. O. Box 15530, Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in ' the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS, AS NOMINEE FOR Home Loan Services, Inc. 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 P.O. BOX 2026 FLINT, MI 48501-2026 Home Loan Services, Inc. 150 Allegheny Center Mall Pittsburgh, PA 15212 I verify that the statements made in this affidavit are e and correct to the best of my personal knowledge or information and belief. I understand~that f se statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to August 24, 2009 DATE '^ Lawrence T. Phelan, Esq., Id. No. 32£27 ^ 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 ^ S etal R. Shah-Jani, Esq., Id. No. 81760 ^ nine 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 D Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 BANK OF AMERICA, NATIONAL ASSOCIATION CUMBERLAND COUNTY AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE No. 09-3175-CIVIL FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff, v. TROY E. MYERS TRICIA K. GILES Defendant(s). TO: TROY E. MYERS 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 August 24, 2009 TRICIA K. GILES 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T P URPOSE. IF YO U HA VE PRE VIO USL Y RECEI VED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $114,810.70 obtained by 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-BACKED CERTIFICATES, SERIES 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 cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. •' You may,need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Pine Road and land now or formerly of D. H. Pensinger; thence by said Pine Road, South 53 degrees West 66 feet to a point; thence by said Road, South 59 1/2 degrees West 34 feet to a point in the center of said road; thence by land now or formerly of Charles H. Lenhart Estate, North 26 1/2 degrees West 188 feet and 3 inches to a point in the line of land now or formerly of D. H. Pensinger; thence by said Pensinger, South 56 degrees East 200 feet to the place of BEGINNING. CONTAINING 1/4 of an acre, more or less. SUBJECT, however, to such recorded easements, restrictions and conditions that may apply to the afore-described tract of land. TITLE TO SAID PREMISES IS VESTED IN Tricia K. Giles and Troy E. Meyers, both single people, as joint tenants with right of survivorship and not as tenants in common, by Deed from Richard P. Blocher and Janice L. Blocher, his wife, dated 04/17/2007, recorded 04/19/2007 in Book 279, Page 3274. PREMISES BEING: 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 PARCEL NO. 40-30-2646-002 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-3175-CIVIL 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-BACKED CERTIFICATES, SERIES 2007-3 VS. TROY E. MYERS TRICIA K. GILES owner(s) of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 Parcel No. 40-30-2646-002 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $114,810.70 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTI-I OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3175 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due 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-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff (s) From TROY E. MYERS AND TRICIA K. GILES (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 $114,810.70 L.L. $.50 Interest FROM 7/02/09 TO 12/9/09 (PER DIEM - $18.87 - $3,308.07 Atty's Comm % Due Prothy $2.00 Atty Paid $167.50 Plaintiff Paid Date: AUGUST 25, 2009 (Seal) REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19]03-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Other Costs a Curtis R. ong, Prothono .-~ By: Deputy Supreme Court ID No. 93337 Real Estate Sale # On September 14, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 8 Pine Road, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 14, 2009 By: ~~ C~~. Real Estate Coordinator ~.- . - ~:~, `~ ~- ~ 4 ~ r %:y "? M ~. ~~. w~ Q 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 Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~_ L' arie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this `. 6 day of November 2009 .~ -~~~ J. i ~, ~ Notary NOTARIAL SEAL DEBORAH A COLLINS Nok~ry Public CARLISLE BORO, CiJfw16ERLAND COUNTY My Comrnission Expires Apr 28, 2010 Writ No. 2009-3175 Civil 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-Backed Certificates, Series 2007-3 vs. Troy E. Myers Tricia K. Giles Atty: Lauren Tabas By virtue of a Writ of Execution No. 09-3175-CIVIL, BANK OF AMERICA, NATIONAL ASSOCIATION AS SUC- CESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET- BACKED CERTIFICATES, SERIES 2007-3 vs. TROY E. MYERS, TRICIA K. GILES, owners of property situate in the SOUTH MIDDLETON TOWN- SHIP, Cumberland County, Pennsyl- vania, being 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923. Parcel No. 40-30-2646-002. Improvements thereon: RESIDEN- TIAL DWELLING. the Patriot-News Co. 81.2 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot-News NOw you know 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 Leslie Kramer, 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: ~ 10/23/09 ~ 10/30/09 11 /06109 ~.- ~y,~ // / - ,- \ Sworn~nd subscribed before me this 16~ay~of_November, 2009 A. D. ~~... Notary Pub ~ ~''`~--:.~ COMMONVUEAL~ T~ ~}~ PENNSYLVANIA Notarial Seaj '~'~~ 5he;>ie ir, tCisne;, Notary Public C~YOFHarrisburg, Dauphin County My Commission E~pi~ Nov. 26, 2011 Member, Pennsylvania Association of Notaries Y'icrR No. 2000.3175 CIvNTmn Bank of Art»riea, NationN Assooi~tion, as Suocgsor by Mbrg.r to. LassNe`Bank National hKssoolaflon, asTtastes tor. Merrl#I'Lynch Flrstfranklln Mortgagd Lollrt7tuat, Mortgage Loan Adsdt-Badcsd CertHloafes, 3erles 2007-3 Vs Troy E. Mysrs Trkla K Q#kis 'Atty: Lauron'11~bas By virtue of a Writ of Ezav6ooNo. 09-317- CIVIL BANg OF AMERICA; NATIONAL ASSOCIATION AS SUCCESSOR BY MERGERT0 LASALLE BANK NATIONAL ASSOCIATION, AS ,TRUSTEE FOR MERRII,,L, LYNCH PIR$T FRANKLIN MORTQAGE LOAN TRUST, MORTGAGELOANASSET-BACKED CERTIFICATES, SERIFS 2(Itl7-3' vs: TROY E. MYERS TRICIA K.GI6ES owner(s), of property situate in tlu: SOUTH IVEDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Mimiicipality) 8 'PINE ROAD, MQUNT HOLLY SPRINGS, PA 170fi5.1923 Parcel No. 40~30~2646.002 _ (Acreage or street address) I~provemeets thereon: izES>DENTTIAL DA~I?[.LING PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 BANK OF AMERICA, NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST CIVIL DIVISION FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 N0.09-3175-CIVIL Plaintiff _ CUMBERLAND COUNTY v. TROY E. MYERS TRICIA K. GILES Defendant(s) PRAECIPE TO ENTER ORDER To the Prothonotary: Kindly enteP the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against TROY E. MYERS and TRICIA K. GILES defendant(s). n 4 As Set Forth in the Order ~~y.oo t~c~'~T~'(~~ c~ Qs4G4~ l ~,~E X43385 ~l-~c1~1 ~ ~ c $121,727.48 c C "[f } i , {~ f" '. r ~ ~- .,z:.:. ~' ; r ~. _ ~.c a' ~ ~ 0 orney for laintiff 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 C. Bramblett, Esq., Id. No. 208375 hJ ~~'! ~~ -`' ~.~.. ~~C7 -~ rT~ y: -mac :... UkL .~ ~ [idly IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN1rA BANK OF AMERICA, NATIONAL ASSOCIATION Court of Common Pleas AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR Civil Division 'MERRILL LYNCH FIRST FRANK MORTGAGE LOAN TRUST,. MORTGAGE LOAN ASSET- CUMBERLAND County BACKED CERTIFICATES, SERIES 2007-3 ' Plaintiff ' ~ No. 09-3175-CIVIL . TROY E. MYERS TRICI:A K GILES Defendants ORDER ., AND NOW, this i~day of _\~ . , 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants -shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages iri`the,above captained matterishereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ none pro tune as follows: Principal .Balance $103,789.95 Interest Through December 9, 2009 $10,232.92 Per Diem $23.60 . LateCharges. ~ $328.95 . LegaL.fees ~. $1,300.00 Cost of Suit and Title $1,196.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $123.00. AppraisaUBrokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Prieate-Mortgage Insurance I~Ton Suf~ieent Funds Charge $40.00 Suspense/Misc. Credits ($0.00} . Escrow Deficit ~ $4,716.16 ` TOTAL $121,727.48 Plus interest from December 9, 2009 through the date of sale at. six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY COURT' d. 206070 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 MERRII.L LYNCH FIRST FRANKLIN MORTGAGE CIVIL DIVISION LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 N0.09-3175-CIVIL Plaintiff . v TROY E. MYERS TRICIA K. GILES Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from.l2/1012009 to Date of Sale ($0.00 per diem) TOTAL ~aY.oo -~ yg . sv - C'cr1. I~. ~~ Q . ~o~ tr r t ,tg , S'G _ H t r /N . ov rr t r a~{.DU ~ rr rs 1 1~l•ov tr r( ~QSa.~d ,~ cr r r ~a.~ ~ Note: Please attach description of property. PHS # 206070 CK~ 4s4~4S R~ ~~a~a~ CUMBERLAND~OUNTY - o r1 .r_ n`-~ r r: " ~ _ r . 1 4 4"~ 1 ~> w-a. .. ~~ ( a ' C`~ c, t7 ~ .~-- $121,727.48 0.00 $121,727.48 -_~ ey for Plaintiff helan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq,, Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 Q Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 Q 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. Nu. 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 z~z dW pa ~ W ~ ~ F ~a ~~ a~M ~~o ~~~ aw~ ~~~ ~ ~ W H d Oz~ ~a ~aa a ~~U A O~U a~ Hoy, w w~ ~~~ O~ 0`nd a~ aH w~~ zv,0 oa ~zc~7 0 c~ zH~ U~ dVp4 ~~ ~~~ ~~ ~a~ ~~ wea~~ UW O~Eya~ ~~ ~d0 ~1U paZ~.7 > rn ~ o 0 a a a~ .n H a a a: a a w a ~QO v¢O 3 ox til~F~ fox ~E-+ w~ ¢ '_'w~ U 0 ~~~ 0 ~~~ O ~ O d' ~ M ~ ~ V't ~ ~p _ O~ ~ O~ ~ ~ I~ 00 N~O~~.~. M .--~'V ~ ~O~O V M N N~~ 00 ~ M M O~ ~ O .z O O N O ~ ~ O~ N O ~O ~O p ~ O M N ~ ~ O C~-"~zo~o~Nh~ C pb O Cz ~. z~ z b w~ azzzbzboo~~o z~z a:~bb ~zzz~zb-~ ~bb p o ~ ^~~ ^b ~~w~ ^~ E'' d ~' °'~'~'W Q,WbbbZ~ a.a;,o ~Q'W c ,~wwwv ~ p^c~y'b y"ww;~wW ~ ~ ~ ~ W v c~ d op~o w cd W W w ^w v ai f=. ~ ~.n pow" p4 e,o ~~,~.~ ~ ~ ~~' ~ ~ >W T~ ~a ~A ° ~ A > `.a~~~ ~ 3~> ~3 F E+ ~ w a ^^^^^^^^^^^^^^^~^ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3175 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due 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-BACKED CERTIFICATES, SERIES 2007-3, Plaintiff (s) From TROY E. MYERS AND TRICIA K. GILES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $121,727.48 L.L. Interest FROM 12/10/2009 TO DATE OF SALE ($0.00 PER DIEM) Atty's Comm % Due Prothy $2.00 Atty Paid $952.60 Plaintiff Paid Other Costs Date: JUNE 9, 2010 (Seal} REVL'ESTING PANTY: Name C'OURTLNAY'R. DUNN, ESQUIRE Address: PHHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 D ell, Prothonota By: Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Pine Road and land now or formerly of D. H. Pensinger; thence by said Pine Road, South 53 degrees West 66 feet to a point; thence by said Road, South 59 1/2 degrees West 34 feet to a point in the center of said road; thence by land now or formerly of Charles H. Lenhart Estate, North 26 1/2 degrees West 188 feet and 3 inches to a point in the line of land now or formerly of D. H. Pensinger; thence by said Pensinger, South 56 degrees East 200 feet to the place of BEGINNING. CONTAINING 1/4 of an acre, more or less. SUBJECT, however, to such recorded easements, restrictions and conditions that may apply to the afore- described tract of land. TITLE TO SAID PREMISES IS VESTED IN Tricia K. Giles and Troy E. Meyers, both single people, as joint tenants with right of survivorship and not as tenants in common, by Deed from Richard P. Blocher and Janice L. Blocher, his wife, dated 04/17/2007, recorded 04/19/2007 in Book 279, Page 3274. PREMISES BEING: 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 PARCEL NO.40-30=2646-002 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 MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff v. TROY E. MYERS TRICIA K. GILES Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3175-CIVIL 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 ( ) the premises is vacant (X) 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. ~' .-;- -~ L!_! ~ ~ ~ <.r. - x- ~ `~ ~ "' ~ ~: a, 7 ~~ ci._ r ~ `1 } ^~ ..~~ 1 A I ( ~ `•7 ri: ~ o ~ N CJ rn y for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter 3. 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 A,~IERICA, NATIONAL ASSOCIATION AS SUCCR'SSOR BY MERGER TO LASALLE BANK NATIONAL- ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff v. TROY E. MYERS TRICIA K. GILES Defendant(s) PHS # 206070 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, ~1S TRUSTEE FOR MERRILL LYNCH FIItST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 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 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923. a 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ~,, ascertained, please so indicate) ~ ° ; ~ { ~ J c~ ~ TROY E. MYERS ~~, ~ J 8 PINE ROAD rte` n-r ~ ; MOUNT HOLLY SPRINGS, PA 17065-192 ~- -o a ` TRICIA K GILES 8 PINE ROAD ;l : , _ ~.,,, - MOUNT HOLLY SPRINGS, PA 17065-19 F -; = ~' - `-~ ~. ~ ^ r :.-r ~ ; r 2. Name and address of Defendant(s) in the judgment: ~ .fi- 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 prope rty to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) STEVE NORFORD GAIL NORFORD DONALD W. SAMPLES DONALD W. SAMPLES C/O ROBERT P. KLINE, FESQUIRE ADELE D. SAMPLES ADELE D. SAMPLES C/O ROBERT P. KLINE, ESQUIRE 204 CLEARVIEW ROAD NEW CUMBERLAND, PA 17070 204 CLEARVIEW ROAD NEW CUMBERLAND, PA 17070 22 DARTMOUTH LANE HAVERFORD, PA 19041 714 BRIDGE STREET, P.O. BOX 461 NEW CUMBERLAND, PA 17070-0461 22 DARTMOUTH LANE HAVERFORD, PA 19041 714 BRIDGE STREET, P.O. BOX 461 NEW CUMBERLAND, PA 17070-0461 . COURT OF COMMON PLEAS . CIVIL DIVISION . N0.09-3175-CIVIL CUMBERLAND COUNTY Name and address of last recorded holder of every mortgage of record: Nome ~ Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR NATIONPOINT, P.O. BOX 2026 A DIVISION OF FFFC AN OP. SUB. OF FLINT, MI 48501-2026 MERS, INC. NATIONPOINT, A DIVISION OF FFFC AN OP. SUB. OF MLB & T CO., F/SB NATIONPOINT C/O SECURITY CONNECTIONS NATIONPOINT PENNSYLVANIA HOUSING FINANCE AGENCY 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 595 NORTH FIRST STREET SAN JOSE, CA 95131 595 UNIVERSITY BOULEVARD, DEPARTMENT 2150 IDAHO FALLS, ID 83401 25530 COMMERCENTRE DRIVE LAKE FOREST, CA 92630 211 NORTH FRONT STREET, P.O. BOX 15530 HARRISBURG, PA 17105-5530 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 r Addre 'f ddr ss (i a ess cannot be reasonably ascertained, please indicate) None. 7. Name anti 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 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA MERS AS A NOMINEE FOR HOME LOAN SERVICES, INC. HOME LOAN SERVICES, INC. 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 P.O. BOX 2026 FLINT, MI 48501-2026 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. r June 8.2010 By: /,/~~ CG/ r~ ` A ey for Plaintiff ` Phelan Hallinan & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ' ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 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 13ANK`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-BACKED CERTIFICATES, SERIES 2007-3 COURT OF COMMON PLEAS CIVIL DIVISION : N0.09-3175-CIVIL CUMBERLAND COUNTY Plaintiff vs. TROY E. MYERS TRICIA K. GILES Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TROY E. MYERS TRICIA K. GILES 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 cn C ~ o v~ ..r., ~;' ~ ~ `- s~ ~~ ~ - ~~ ~= c~ -;; _~ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 is scheduled to be sold at the Sheriffls 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 $121,727.48 obtained by 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-BACKED CERTIFICATES, SERIES 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. r 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. 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) are filed with the Sheriff sr within ten (10) days after the filing of the proposed schedule. 7. You may also have oth~`r 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 N0.09-3175-CIVIL 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-BACKED CERTIFICATES, SERIES 2007-3 vs. TROY E. MYERS TRICIA K. GILES owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland (Municipality) County, Pennsylvania, being 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 (Acreage or street address) Parcel No. 40-30-246-002 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $121,727.48 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Pine Road and land now or formerly of D. H. Pensinger; thence by said Pine Road, South 53 degrees West 66 feet to a point; thence by said Road, South 59 1/2 degrees West 34 feet to a point in the center of said road; thence by land now or formerly of Charles H. Lenhart Estate, North 26 1/2 degrees West 188 feet and 3 inches to a point in the line of land now or formerly of D. H. Pensinger; thence by said Pensinger, South 56 degrees East 200 feet to the place of BEGINNING. CONTAINING 1/4 of an acre, more or less. SUBJECT, however, to such recorded easements, restrictions and conditions that may apply to the afore- described tract of land. TITLE TO SAID PREMISES IS VESTED IN Tricia K. Giles and Troy E. Meyers, both single people, as joint tenants with right of survivorship and not as tenants in common, by Deed from Richard P. Blocher and Janice L. Blocher, his wife, dated 04/17/2007, recorded 04/19/2007 in Book 279, Page 3274. PREMISES BEING: 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923 PARCEL N0.40-30-2646-002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRH.L LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff, V. TROY E. MYERS TRICIA K. GILES Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.09-3175-CIVIL ~_ ~ L°_:J l _ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: er* -~ -- ~ t~ .~. ~`a ~ cD ~.~ ---t ~- _r~ As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 381' and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached her o Ez i A". ^ Lawrence T. Phelan, q. d. No. 32227 ^ Francis S. Hallinan, Es ., 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 ~~ O Attorney for Plaintiff Date: 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 # 206070 SANK 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-BACKED CERTIFICATES, SERIES 2007-3 Plaintiff v. TROY E. MYERS TRICIA K. GILES Defendant(s) COURT OF COMMON PLEAS . CIVIL DIVISION N0.09-3175-CIVIL CUMBERLAND COUNTY PHS # 206070 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 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-BACKED CERTIFICATES, SERIES 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 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065-1923. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) TROY E. MYERS TRICIA K GILES 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 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) STEVE NORFORD 204 CLEARVIEW ROAD NEW CUMBERLAND, PA 17070 GAIL NORFORD DONALD W. SAMPLES DONALD W. SAMPLES C/O ROBERT P. KLINE, ESQUIRE ADELE D. SAMPLES 204 CLEARVIEW ROAD NEW CUMBERLAND, PA 17070 22 DARTMOUTH LANE HAVERFORD, PA 19041 714 BRIDGE STREET, P.O. BOX 461 NEW CUMBERLAND, PA 17070-0461 22 DARTMOUTH LANE HAVERFORD, PA 19041 ADELE D. SAMPLES C/O 714 BRIDGE STREET, P.O. BOX 461 ROBERT P. KLINE, ESQUIRE NEW CUMBERLAND, PA 17070-0461 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR NATIONPOINT, P.O. BOX 2026 A DIVISION OF FFFC AN OP. SUB. OF FLINT, MI 48501-2026 MLB & T CO., F/SB MERS, INC. 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 NATIONPOINT, A DIVISION OF FFFC AN OP. SUB. OF MLB & T CO., F/5B NATIONPOINT C/O SECURITY CONNECTIONS NATIONPOINT PENNSYLVANIA HOUSING FINANCE AGENCY 595 NORTH FIRST STREET SAN JOSE, CA 95131 595 UNIVERSITY BOULEVARD, DEPARTMENT 2150 IDAHO FALLS, ID 83401 25530 COMMERCENTRE DRIVE LAKE FOREST, CA 92630 211 NORTH FRONT STREET, P.O. BOX 15530 HARRISBURG, PA 17105-5530 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) South Middleton Township Municipal 44 W. Main Street Authority, c/o Mechanicsburg, PA 17055-6249 Richard C. Snelbaker, Esq. 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 MERS AS A NOMINEE FOR HOME LOAN SERVICES, INC. HOME LOAN SERVICES, INC. 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065-1923 13 North Hanover Street Carlisle, PA 17013 P.O. Bog 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Bog 11754 228 Walnut Street Harrisburg, PA 17108 P.O. BOX 2026 FLINT, MI 48501-2026 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ` ~ Date: ~'I~ O By: Attorney for Plainti 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 ^ 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. 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C O ~p ~ ~ y y P ~\ Rif ``5~5 .e g ~+9 H ~ ~ ~.3 ~, ~.~ ~ ~. c a _._ c u, A w i ~ o `c oo ~ a~ v~ ~ w i.- ~ r c'~o oaz c~iaa~ a ~ ~ =° a ('1~ 7F 7F 7F * ~F 7F 7F 7F 7F ~F ~F ~F eF 7F 7F lF 7F ~F % ~ ~ & M' * ~F ~F * * 7F 7F ~F * 1F of ~F * M' * ~F 7F * * ~F ~ tF * ~F * 7F * 7F %~ ~F ~ ~F * M' & ~F ~ CD z lD ~"t yy --~~y AA C '~' m ~~ ~% O~ e C C ~ ~ R' c o , "" cD ~" b e~ '.7 ~ ~ ~ O ~ ~ '1707 ~ ^. n a ~ ~ c'p' o . ~' ' ° a ~ 0 5 ~ ~ ~ ~ O y Ro -C ro ~ ~ C ~ ~ `0 ~ ~ yr'~y ~ ~ an ~ o ~~ ~ ~.~ [ ~ ~ ~ ~ o r ~ A. O ~, O A ~ a' a o a ~, ~ ~ y ~ ~ w ~ y ~ 1 MM F~1 N ° ~ ~ $, O 0 N 0 r.• 0 ~~~'~ g ~~ ~ r~"S-~~"/s ~~® n a 02 1M ~ O~ ~~vo 0004277256 JUL 30 2010 MAILED FROM ZIP CODE 1 910 3 ~n co AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY 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-BACKED CERTIFICATES, SERIES 2007-3 DEFENDANT TROY E. MYERS TRICIA K. GILES SERVE TROY E. MYERS AT: 1445 COUNTY LINE ROAD YORK SPRINGS, PA 17372 PHS # 206070 C`; C SERVICE TEAM/ kxc --`=~° ~i,-, COURT NO.: 09-3175-CIVIL.';.,", TYPE OF ACTION -- XX Notice of Sheriff s Sale : _ SALE DATE: 09/08/2010 SERVED ,~ Served and made known to TROY E. MYER , DefQndant on the L day of `' ~~ , 20 ~ , at /~~~ o'clock ~M., at ~~ o v e1 L-,1 N C „ the ma_nQ~r de ri low: Defendant personally served. ~~~ t 2 v ~ ~.~-~r+ N J s ~ Adult famil member with whom Defenda t( 'd () / rv ~''_ c:, ~ , .~- •_+ E.. 'i C°~ ~' -. 3 Gw P,~ y n s rest e s. b: ~~ ~ Relationship is is c4~- ~, Cia ~, ~; `e.3 Cc9 -~a _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. ~ } an officer of said Defendant's company. !~~ .9 S Other: Descr'ption: Age ~_ eight ~~ Weight / ~fV Race ~~" Sex r Other 1 le'~ ~' ~' I, ~e~- ~~ ~~~com~petent 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 subs IOGQ bef me this ~ day // NOTARIAL SEAL of ~~' 20L~ u WCILLE H. CARTY Not4ary Public NOT SER D LETTERKENNY TWP, FRANKLIN COUNTY n the day of , 20_, at _ o'clock _ M., D endant NOT F I~bRtlon Explrsa Nov 10, 20] I _ 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 ~_. By: Notary: ATTORNEY FOR PLAINTIFF Lawre,roe T. Phelan, Esq., b. No. 32227 Francis S HaBinan, Esq.. Id. No. 62695 Dade) C. SLiudeg, Esq., b. No. 622115 Midtde M. Bradford, Esq., Id. Nu 69849 Judith T. Romani, Esq., Id. Nu 58745 Shcetal R Shah•Jani, Esq, Id. No. 81760 Janine R. Davey, Esq., b. No. 87077 Isuren R. Tabus, Esq., Id. No. 93337 Vivek Sdvasmra, Esq~ Id. No. 202331 Jay B. Jones, Esq., Id. No. 84657 Peter J. Mnkdty, Esq., Id. No. 61791 Andrew L Spivadc, Esq, M. No. 84439 Jaime McCtrMnns, Esq., Id. Na 90134 ChrisovaWnte P. FBakas, Eaq., b. No. 94620 Joshes 1. Goldman, Esq., Id. No. 205047 Courtpny R. Dun0. Esq, Id. No. 206779 Andrew G BramDlat, Esq., Id. No. 208375 One Penn Curter at Suburban Station 1617 JoM F. Krnncdy Blvd., Suite 1400 Philadelphia, PA 19103.1814 (215)563-7000 PLAINTIFF AFFIDAVIT OF SERVICE CUMBERLAND COUNTY BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL PHS # 206070 ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 DEFENDANT SERVICE TEAM/ kxc TROY E. MYERS COURT NO.: 09-3175-CIVIL. TRICIA K. GILES SERVE TROY E. MYERS AT: 1445 COUNTY LINE ROAD YORK SPRINGS, PA 17372 TYPE OF ACTION XX Notice of SheritT's Sale SALE DATE: 09/08/2010 SERVED Served and made known to TROY E. YER , Defeqndant on the L day of "~~ , 20 ~ , ~' ~ ~ o'clock ~M., at /~ o v y L,ti N C the ma r de ri low: Defendant personally served. IVZ ~ ~ ~0 ~,~~r+ N~ 3' Adult family member with whom Defendants side(s). /// Relationship is • ~ c.4~- ~~ C i i K• ~; ~ CS CM +~,~ 6~'~''t'l _ Adult in charge of Defendant's residence who refused to glue name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. 1' _ an officer of said Defendant's company. !" 0 9 S Other: /l ~~ ~ ~e~, ~„ R Descr'ption: Age ~_ eight ~~ Weight ~ ~d Race Sex Other I, '~c~- ~• ~c mo~etent 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 subs '~ bef me this day NOTARU1l SEAL of u v , 20L~ ~ LUCILl.E H. CARTY Notary rtJbllc NOT SER D LETTERKENNY TVVf; FRANKLIN COUNTY n the day of , 20_, at _ o clock _. M., endant NOT F melon Expltss Nov 10, 2011 Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer on at , Service Refused Other: Sworn to and subscribed offore me this ~~ day B Y~ Notary: ATTORNEY FOR PLAINTIFF Lew~sote T. Phehn, Feq» Id. No. 32227 French S. Haiwn. Faq» !d. No. 62695 Dan4e1 G. SehnYeB, Faq., Id. No. 62205 Midde M. Bradford, Eeq., Id. No.69849 ludNh T. Romano, F.ap., Id. No. 5870.5 Shatal R Shah-Jaal, Faq» Id. No. 81760 Jenioe R Davey, Eaq., td No. 87077 Laarar R Tahas, FBq» Id. No. 93337 Vivek Srivastava, Faq» Id. No. 20]331 Jay B. Jorra, Faq., Id. Na 86657 Peter J. Makahy, Fiq»>d. No.61791 Aadrew L Spkack, Eaq» Id. No. 84439 ]acne McGuimav, Esq., H!. Nw 90134 Chrhovalaute P. FOaha, Ep» b. No.94620 Jahn L Goldman, Ep» td. No. 206047 Couriwray R Davin, Eaq, Id. No.206779 Aodmr G Braa~bhasnld. No. 208375 lp ~CPeK~at Statlm naly Blvd» Suite 1400 Phihdetphie, PA 19103.1814 (215) 5637000 PHEILANLIALLINAN & SCMMREG. LLP BY: Vivek Srivastava, Esq. Attorney for Plaintiff Attorney I.D. No.: 242331 One Pena Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 i r .- BANK OF AMERICA, Court of Common Pleas `? - i NATIONAL ASSOCIATION ' _ AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST Loa FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 Civil Division VS. Cumberland County TROY E. MYERS No. 09-3175 TRICIA K. GILES MOTION FOR SERVJCE PU UANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Notice of Sale and all future pleadings upon the above-captioned Defendant, TRICIA K. GILES, by first class mail and certified mail to the Defendant at the mortgaged premises, 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065, posting of the mortgaged premises, 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065, and publication pursuant to Pa. R.C.P. 430, Ind in support thereof avers as follows: 1. Attempts to serve Defendant, TRICIA K. GILES, personally with the Notice of Sale have been unsuccessful. The Plaintiff attempted to serve the Defendant at the 4 mortgaged premises, 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065. As indicated by the Affidavit of Return of Service attached hereto as Exhibit "A", Property is Vacant. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. In compliance with Cumberland County Local Rule 208.3(ax2), Plaintiff avers that Judge Oler entered an order for Reassessment dated 12/14/2009. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on August 11, 2010 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s August 11, 2010 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of August 18, 2010 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, TRICIA K. GILES, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class, mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hal ' & Schmieg, LLP By: Viv k astava, Esq. Attorneys for Plaintiff August 18, 2010 5 PHELAN HALLINAN & SCHMIEG. LLP BY: Vivek Srivastava, Esq. Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 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-BACKED CERTIFICATES, SERIES 2007-3 Attorney for Plaintiff Court of Common Pleas Civil Division VS. Cumberland County TROY E. MYERS No. 09-3175 TRICIA K. GILES MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." AA,gption of Walker, 468 Pa. 165, 366A.2d 603 (1976). 6 An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Plaintiff has been unable to serve the Notice of Sale. A good faith effort to di?cover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court miter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan H & Schmieg, LLP By: Vivek Srivastava, Esq. Attorney for Plaintiff Date: August 18, 2010 7 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL PHS # 206070 ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 DEFENDANT SERVICE TEAM/ kxc TROY E. MYERS COURT NO.: 09-3175-CIVIL TRICIA K. GILES SERVE TRICIA K. GILES AT: TYPE OF ACTION 8 PINE ROAD XX Notice of SheriR's Sale MOUNT HOLLY SPRINGS, PA 17065-1923 SALE DATE: 09/08/2010 SERVED Served and made known to TRICIA K. GILES , Defendant on the ^ day of , 20 _, at o'clock _. M., at , in the manner described below: - Defendant personally served. ._. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. _ Other: Description: Age Height Weight Race Sex Other -11 •N I, , 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 me this day of , 20 . Notary: By: NOT SERVED On the `day. of , 20 0, at y?14 o'clock g. M., Defendant NOT :FOUND because: Vacant _ Bad Address _ Moved - Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other. Sworn to and subspribed before this 6-" of ukE D.y By:. Nota Lwre m T. PAe1an, Esq, Id. W 32227 Francis S. Hawn, Faq., M. Na 6M% Dodd Q Sd n k& Esq., Id. No. 62285 Mkkde M. Bradford Esq. Id. No. 69849 Jwft T. Romans, E%, Id. N& 58745 S bWW R. Skal ?Jad, Esq, Id. No. 81768 KIMBERLY CURTY Jmkm R. Davey, Faq, Id. No. 87077 Laren R. TaEns, Esq., Id. No. 93337 NOTARY PUBLIC vtrek sdradara EW Id. No. 202331 STATE Of NEW JERSEY Jay B. Jana, Esq, Id. Na. 86657 Pderl MWeaky, Esq., Id. No. 61791 MY COMMISSION EXPIRES MARCH 7, 2013 Andrew L Spirack, EW Id No. 64639 Jaime McGuimnsa, Esq, Id. No. 90134 Chr6oradaee P. Makes, Fmj, Id. Na. 946M Jss6r 1. Goidaaati Esq., Id. Na. 265M7 Comneeay R. Dann, Eq., Id. Na. 206779 Andrew C. ow BramlleS=, . Na. 206375 Rao Ceaterd stm4o 1617 Ja w F. :.9 Bhri, &*e 1400 Pb& deo* PA 19103-1814 (215) 563.7000 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 206070 Attorney Firm: Phelan., Hallinan & Schmieg, LLP Subject: Troy E. Myers & Tricia K. Giles Property Address: 8 Pine Road, Mount Holly Springs, PA 17065 Possible Mailing Address: (Troy E. Myers) 1445 County Line Road, York Springs, PA 17372 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Troy E. Myers - xxx-xx-8615 Tricia K. Giles - xxx-xx-3797 B. EMPLOYMENT SEARCH Troy E. Myers & Tricia K Giles - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Troy E. Myers reside(s) at 1445 County Ling Road, York Springs, PA 17372 & Tricia K. Giles reside(s) at 8 Pine Road, Mount Holly Springs, PA 17065. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Tricia K Giles reside(s) at: 8 Pine Road, Mount Holly Springs, PA 17065, however had no listing for Troy E. Myers. On 0-14-10 our office made a telephone call to the subject's phone number (717) 486-5281 and received the following information: disconnected. B. On 07-14-10 our office made a telephone call to a possible phone number of the subject(s) (717) 486-4206 and received the following information: disconnected. On 07-14-10 our office made several telephone calls to a possible phone number of the subject(s) (717) 802-2055 and received the following information: answering machine. Ill. INQUIRY OF NEIGHBORS On 07-14-10 our office made a phone call in an attempt to contact Lisa R. Bender (717) 486-4432,7 Pine Road, Apartment 504, Mount Holly Springs, PA 17065: disconnected. On 07-14-10 our office made several phone calls in an attempt to contact Jeffrey L. Brandt (717) 323-0331, 7 Pine Road, Apartment 604, Mount Holly Springs, PA 17065: answering machine. zerHrktjTa On 07-14-10 our office made several phone calls in an attempt to contact Jamie Daugherty'j(717) 486-4063, 7 Pine Road, Suite 601, Mount Holly Springs, PA 17065: answering machine. On 07-14-10 our office made several phone calls in an attempt to contact Amy T. Stine (717) 502-0620, 1433 County Line Road, York Springs, PA 17372: answering machine. On 07-14-10 our office made several phone calls in an attempt to contact Esther Hannan (1,17) 432-0276, 1435 County Line Road, York Springs, PA 17372: answering machine. On 07-14-10 our office made several phone calls in an attempt to contact Carol L. Richwine (717) 502- 0529,1475 County Line Road, York Springs, PA 17372: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRFSS UPDATE On 07-14-10 we reviewed the National Address database and found the following information: Troy E. Myers & Tricia K. Giles - 8 Pine Road, Mount Holly Springs, Pa 17065. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Troy E. Myers) 1445 County Line Road, York Springs, PA 17372. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-14-10 Vital Records and all public databases have no death record on file for Troy E. Myers & Tricia K. Giles. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Troy E. Myers - 07-21-1975 Tricia K. Giles - 07-08-1978 B. A.K.A. Troy Eugene Myers; 'Troy F. Myers Tricia K. Albright " Our accessible databases have been checked and cross-referenced for the above named individual(s). " Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowl ge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa .S. Sec. relating to unworn falsification to authorities. AFFIANT Sworn to and subscribed before me this 0 day of -Q U The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND KEkHi L. SMITH 6R #2383405 i,? 71't Y)'{ -OFfV WJUW N N tF?g 'o PON I? = IUNNW? W1NEV BONZES 021M $ 01.26° 0004277256 AUG11 2010 MAILED FROM ZIP CODE 1910 3 o 4& ?w a? O~1 O N t0 ? 4 ? ? h ? A p ORb A pp. n O m h b a? a 0 0 1 ? Pte" D? ?y PHELAN HALLINAN & SCHMIEG, L.L.P. ? ; . Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail susan.moran@fedphe.com@fedphe.com Sue Moran, 1253 Service Department Representing Lenders in Pennsylvania and New Jersey August 11, 2010 TROY E. MYERS TRICIA K GILES 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065 RE: BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL L)WCH FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3 vs. TROY E. MYERS and TRICIA K GILES Premises Address: 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065 Cumberland County, No. 09-3175 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by C laoW Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, F-NM Sue Moran For Vivek Srivastava, Esquire 10 VERIFICATION The undersigned hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Phelan Alin Schmieg, LLP By: ' Vivek S ' astava, Esq. Attorney for Plaintiff August 18, 2010 8 PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esq. Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 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-BACKED CERTIFICATES, SERIES 2007-3 VS. TROY E. MYERS TRICIA K. GILES Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 09-3175 CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. TROY E. MYERS TRICIA K. GILES: 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallman & Schmieg, LLP Date: August 18, 2010 By: 9 Vivek S)ivaAava, Esq. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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- BACKED CERTIFICATES, SERIES 2007-3 vs. TROY E. MYERS TRICIA K. GILES ORDER Civil Division No. 09-3175 AND NOW, this _Z rj- _ day of 2010, upon l r consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, TRICIA K. GILES, by: 1. Posting of the premises: 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065. 2. First class mail to TRICIA K. GILES at the mortgaged premises located at 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065; and 3. Certified mail to TRICIA K. GILES at the mortgaged premises located at 8 PINE ROAD, MOUNT HOLLY SPRINGS, PA 17065; and 2 4. Publication in accordance with PA. R.C.P. 430. Cc: TRICIA K. GILES 8 PINE ROAD MOUNT HOLLY SPRINGS, PA 17065 led PHS4206070-SPL py-c BY THE COURT: J. N r -a 0 3