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Home My WebLink About09-3254 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 /Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 169259 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. Plaintiff NO. Q q ?- cuY ft rtic CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE JOHN A. DEROUEN 405 SPRINGHOUSE ROAD CAMP HILL, PA 17011-1453 File #: 169259 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 #: 169259 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN A. DEROUEN 405 SPRINGHOUSE ROAD CAMP HILL, PA 17011-1453 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1983, Page 4285. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 169259 e ? t 6. The following amounts are due on the mortgage: Principal Balance $173,200.00 Interest $21,107.77 08/01/2007 through 05/20/2009 (Per Diem $32.03) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 02/28/2007 to 05/20/2009 Cost of Suit and Title Search 750.00 Subtotal $196,357.77 Escrow Credit ($6,230.94) Deficit $0.00 Subtotal ($6,230.94) TOTAL $190,126.83 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 169259 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $190,126.83, together with interest from 05/20/2009 at the rate of $32.03 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP A Al By: Lawr ce T. Phelan, sq Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Aichele 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 #: 169259 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the western line of Spring House Road, which point is the line dividing Lots Nos. 2 and 3, Block N, on the hereinafter mentioned Plan of Lots; thence along the said line South 73 Degrees 35 Minutes West, One Hundred Four and Twenty-Two One-Hundredths (104.22) feet to a point; thence South 18 Degrees 49 Minutes East, Nineteen and Nine One-Hundredths (19.09) feet to a point; thence South 15 Degrees 29 Minutes East, Eighty and Ninety-Four One-Hundredths (80.94) feet to a point at the line dividing Lots 1 and 2; thence North 73 Degrees 35 Minutes East, One Hundred Four and Seventy-Three One-Hundredths (104.73) feet to a point on the western line of Spring House Road; thence along Spring House Road North 16 Degrees 25 Minutes West, One Hundred (100) feet to a point, the Place of BEGINNING. BEING Lot No. 2, Block N, Plan 10, Pine Brook, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 19, Page 85. HAVING THEREON ERECTED a dwelling known and numbered as 405 Spring House Road. BEING the same premises which Henry L. Heck, Jr. and Josephine W. Heck, by deed dated November 22, 1995 and recorded November 30, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 131, Page 1045, granted and conveyed unto Russell C. Klineyoung and Deborah M. Klineyoung. PARCEL #: 10-20-1848-007 PROPERTY ADDRESS: 405 SPRINGHOUSE ROAD File #: 169259 's 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 unworn falsifications to authorities. DATE: Attomey for Plaintiff 1 2A 16 1 '?E 7 tl.` r- r r 5- J 0-7 e,e g-0ff`l?G 2 ? ?- 5-SSSI 7. Sheriffs Office of Cumberland County R1Tho Thomas Kline ?s? rat up,b?? ? Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF CE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/01/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: John A. Derouen, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant John A. Derouen. The defendants address at 405 Spring House Road Camp Hill, PA 17011 is vacant. The Camp Hill Postmaster has advised that John A. Derouen has moved and left no forwarding address. An exact address is not available. SHERIFF COST: $33.00 SO ANSWERS June 01, 2009 R THOMAS KLINE, SHERIFF 2009-3254 Bac Home Loans, LP VS John A. Derouen C=) 73 «,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 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., ld. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., ld. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. JOHN A. DEROUEN No. 09-3254-CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN & SCFIM~, LLP 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 Je e R. Davey, Esquire/} ,33~ auren R. Tabas, Esquire ;/ J? Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. 5pivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Date: August 5, 2009 /mxp, Svc Dept. File# 169259 F'L~r- ~ . ~0~9 ~~JG -~ F`e'z ,~: v~ ~,_ ;~,i`~hJ ,~ , ~°°~ %.Ua ~`I ~~.~- ~37~ao r BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, v. JOHN A. DEROUEN Defendant(s). COURT OF COMMON PLEAS • CIVIL DIVISION ' NO. 09-3254-CIVIL ~- `~ ~? CUMBERLAND COU~!Y • ~.. ~ ~~ .:~ ' ~'- c ~. ~~~ N 4 rn w s cn N a tV -~ ~n rrx ~ ~ ~~ ~~-+ ~, C.~ ,~ rr- :I7 -~ AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING L.P. , 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 405 SPRINGHOUSE ROAD, CAMP HILL, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JOHN A. DEROUEN 1204 RICHMOND DRIVE METAIRIE, LA 70003 2. Name and address of Defendant(s) in the judgment: JOHN A. DEROUEN 1204 RICHMOND DRIVE METAIRIE, LA 70003 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) ALLIED EXTERIORS INC None 340 PLEASANT VIEW ROAD 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) SLM FINANCIAL CORPORATION None 6000 COMMERCE PARKWAY, SUITE A MOUNT LAUREL, NJ 08054 5. Name and address of every other person who has any record lien on the property: ' Name None Address (if address cannot be reasonably ascertained, please indicate) 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 None Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare ALLIED EXTERIORS INC C/O SAMUEL L. ANDES ESQ Deborah M. Klineyoung Deborah M. Klineyoung c/o Paul J. Helvy, Esquire Russell C. Klineyoung Address (if address cannot be reasonably ascertained, please indicate) 405 SPRINGHOUSE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 525 North 12th Street Lemoyne, PA 17043 53 Devonshire Square Mechanicsburg, PA 17050-6873 100 Pine Street Harrisburg, PA 17108 405 Spring House road Camp Hill, PA 17011-1453 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. ~~_ ^ ence T. Phelan, Esq., Id. No. 32227 ^ rands S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., ld. 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 C! Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 1 Andrew L. Spivack, Esq., Id. No. 84439 f l Jaime McGuinness, Esq., Id. No. 90134 I ~ Chrisovalante P. Fliakos, Esq., Id. No. 94620 f :Joshua I. Goldman, Esq., Id. No. 205047 ~' Courtenay R. Dunn, Esq., Id. No. 206779 l Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/KIA CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, COURT OF COMMON PLEAS v. JOHN A. DEROUEN Defendant(s) CIVIL DIVISION No. 09-3254-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: ~. ! ~ ~~ /~L~wrence'T. Phelan, Esq., Id. ^ Francis S. Hallinan, Esq., Id. No. 6269 ^ 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., ld. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 [] Joshua I. Goldman, Esq., Id. No. 205047 /~ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 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 # 169259 so L6 L 3ao~d~z woa~ o~row ~, ~ 6002 £L1~0 9SZLLZb000 ~ ~ ~.°i ~~~, °' oZS~ZQ $ wL zo s3nrwe A3nuw G r v N X ~~~ ~ Z c ~ W .-. /® V~ ~ E O O N xyTE E ~ ~. N O) i~+ L ~ ~w N ~ O p' l6 N W 8 Q. 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D r `o m ~ ~ ~ $~' v Z~ E•`ocn _c 'J r O "O~ .-r •1..~ a~ a O 'W ~+ -.r ~ x~ ~.~~ ~, M. z~~ Q ~ O ~ ~ ~ aid C a" V C ~" ~y W ~ ,.,. a0a n L1 ~~~ r~~y T~ V vl b ~ z¢o £ 0 4s 4 3aoaaiz woa~ a3lidw , 0402 40 83~ 9SZt1Zb000 0~~~~ `$ w4 Zo m ~,~~ ~~ c ~ ®~ O T ~~ d L Q _4... ._- -- M _- ~ .a 0 0 `° d O q O ~ ~ •~ K ~ lB O zi ~ p~ O p 0 .~ m ~ ~Q' ~ W i sac v~ ,., ~ ,,.,., x~~ ,_ xx~ „ a~~~ ~ e ~ v .C 'IO ,C ti ra ~ ~ ~ s, ~~ „~, ~ ~~~, ' ..r y o ~ L" ~+ ~ ~ oaa, .y y C. C ~ v, E z ,~ A~ .c o o Av"'i~AV° . ~ s, v, ~ g 'rT,~'av°U d 0 z Q _C J `- N M ~,.~ N y ~ C ~~ $ v c~•3 • ~ Ea°o~ ~ 7 (j O _ ~ •~ ~ ~ ~ v a. .. ..t Gdi W r.l ~ W m ~ ~• Ed~~v~ M :: ~ ~ a M ~7~~'~ ~ ~ E p m a io~ E d c ~ N 7 d •- O C~ E .o ° 7 rn ~ O ~ 7 ~ ~ O ~ l0 inl q ~ ~ ~ ~ E , ~ U m ~-- ~: ~~ ~ E g ~ on lp U ~. 00~N N C N E 7 N N 7 N p C N ~ ~ N O ~ d ON N C N O f0 N _~ ~ ~ ~ C N '`~ E ~° o F a~n~ o .~ Ol C .~ .~ 2' 0 E m Z a w~ o E aw A ~ ~~ ~ a0 L' 0 0 O a ~ ~~ Z> ~~ ~~ om N 7 J Z N c~ ~ to c0 I~ oo ~ ~ ~ ~ ~ ~ ~ o a ~ - AFFIDAVIT OF SERVICE PLAINTIFF SAC HOME LOANS SERVICING, L,P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. DEFENDANT(S) JOHN A. DEROUEN SERVE A~: 1204 RICHMOND DRIVE METAIRIE, LA 70003 • SERVED Served and made known to ~l ~~ ~ w ~ ~ i' ~ ~ A ~^ ,Defendant, on the ~____~ day of ~GI h , 20p~ at =~ ~ o'clock ~.m., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendants} reside(s). Name and Relationship is ~ ran G~ ~ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. s f~ ~ • ~.} h e y, Manager/Clerk of place of lodging in which Defendants} reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Descripfti_on: Age Height Weight Race Sex Other I, ~ Vl Y `5 ~ ~U v O 2 t/ , 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 Sheriff s 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 , 200_. Notary: By: C PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DA ES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of . 200, at o'clock + m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant ls` Attempt: / / Time: 2°d Attempt: / ! Time; 3rd Attempt: / / Time: Sworn to and subse 'bed before me this day of ~ow~, 20 t~11 By:_ ~~D~ Attorney for Plaintiff PHBLAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1440 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215)563-7000 CUMBERLAND COUNTY No.09-3254-CIVIL ~ '~ c Carr.. PHS #169259 ~ ~='' ~~:r: Type of Action ~ ~= - Notice of Sheriff s Sale ~; t~ Sale Date: MARCH 3, 2010"` era 0 Q -~ ara cti -p 0 =n ~~ ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~inl.''J._,~,~~r1l,E Sheriff ~~,~tt~ of ~~~~r~Gra^l,~~,~ . ,~ ~'~L f ~_~ ~ `~'~"`l Jody S Smith _ a ~~ tt r ` Chief Deputy f1 ?Y,. 2~~~ ~'ia~;.i C.~ ~~~~; f; ~1 Edward L Schorpp Solicitor r~r~ ~.~ .~ , ~4~~Fr C~~~JI., ,`,`'~' ~_ 4 J• ': BAC Home Loans Servicing, LP vs. John A. Derouen Case Number 2009-3254 SHERIFF'S RETURN OF SERVICE 01/14/2010 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12/21/09 at 2035 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 John A. Derouen, located at, 405 Springhouse Road, Camp Hill, Cumberland County, Pennsylvania according to law. 01/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Safe and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendant, to wit: John A. Derouen, tc his last known address of, 1204 Richmond Drive, Metairie, LA 70003, the return receipt card was signed by, signature illegible, on 12/24/09 and returned to the Cumberland County Sheriff's Office. 03/02/2010 Property sale postponed to 5/5/2010. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 821.22 SHERIFF COST: $821.22 SO ANSWERS, May 21, 2010 RON R ANDERSON, SHERIFF '~, ,~ P~ , Q,~ " ~ -D(~ ~• Cry. ~~ ~~0~~7 ~~asy~ (cj CountySuitQ Sherifi~. Telaosaft_ Irr,. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA NO 09-3254 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From JOHN A DEROUEN (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 $194,002.46 L.L. $.50 Interest from 9/19/09 - 3/3/10 (per diem - $31.89) -- $5,293.74 Atty's Comm % Due Prothy $2.00 Atty Paid- $162.00 Other Costs Plaintiff Paid Date: 10/6/09 2. Curtis R, ng, Prothono~ (Seal) ~> _ Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 191.03-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 On October 27, 2009 the Sheriff levied upon the defendant's interest in the .real property situated in Hampden Township, Cumberland County, PA, Known and numbered as 405 Springhouse Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 15ate: October 27, 2009 By. ,. !~ ~ v Rea Estate Coordinator i ~~ /~~ 4'~~<~ ~~s) '>`~~ r R f ~. .r• / ~ ~. !~' . /~ f r! e1 ~/;. r~ J~ti~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION BAC HOME LOANS SERVICING, L.P. -vs- John A. Derouen ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION No. 09-3254 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. hereinafter called Assignor, for and in consideration of the sum of $1,151.71 receipt of which is hereby acknowledged, do(es) hereby sell, assign, transfer and set over unto FANNIE MAE title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, on May 5, 2010 , in the above captioned proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set his hand and seal, this 6`f' day of May 2010, intending thereby to be legally bound. ___ ~~-~.(~. 1(Yl - ~ (SEAL) Notary Public ~,~~~w~TM of ~NSnvwNiw NOTARIAL SEAL NORA M. FERRER, Notary Public City of Philadelphia. Phila. County Con~sion November 22, 2013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22 January 29 and February 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-3254 Civil Y ~~_ BAC Home Loans Servicing, LP F/K/A Countrywide Home isa Marie Coyne, ltor Loans Servicing, LP °s• SWORN TO AND SUBSCRIBED before me this John A. Derouen f/k/a Countrywide Home 5 day of February 2010 Loans Servicing, LP __ Atty: Daniel Schmieg ~~ By virtue of a Writ of Execution No 09-3254 CIVI ~ /~ 'y ;' ~ ~~~ ( ~ ~ . - L, BAC HOME \\\\ i~i~ LL ~ -~-~ ?~i' LOANS SERVICING, L,P. F/K/A COUNTRYWIDE HOME LOANS Notary .~ SERVICING, L.P. vs. JOHN A. DER- OUEN, Owner (s) of property situate in the HAMPDEN TOWNSHIP, Cum- berland County, Pennsylvania bein g 405 SPRINGHOUSE ROAD, CAMP HILL, PA 17011. Parcel No. 10-20-1848-007. .., ,.~..:.,.:.,,,,,,~.~,,, tJOfARiAL SEAL (Acreage or street address) Improvements thereon:RESIDEN- ;~ DEBORAH A COLLINS TIAL DWELLING. ~ Notary Public JUDGMENT AMOUNT: $194 002- CARLISLE BORO, CUMBERLAND COUNN , .46. My :commission Expires Apr 28, 2010 PROPERTY ADDRESS: 405 Springhouse Road, Camp Hill, PA 17011. _ the Patriot-News Co. 812 Market St. Harrisl~urg,•PA 17101 Inquiries - 717-255-8213 ~he~latriot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, 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 Qoolat Numl~r: ZOOe-J~84 CNrNTinn eI1C !~(opw Lnrlls !~'Ylch-q, LP ~/tC/A CoUmtrywlde Horns Lwns Starv{cing, LP vs. . Jt~hrt p. E1Apt+an ~/K/AiouMryYrWd,t~W11! Loans n~. LP an~r: ~r~ a>~~ By virtue of a Writ of Execution No. 093254- B MME LOANS SERVI~II+iG, L,P. F/K/A ,C}~UNTRYWiDE HOME LOANS SERVICING, L:P. v$. IOFIlV A. DEROUEN O~vncr (s) of ley siwate m the IiAMPPDEN I'~WNSfllP, Cimubafand County, Pennsylvania being 4115 SPRflVGHOU5E ROAD,. CAMP HIId, PA 17011 Parcel No.10.20-1'848.00'7 (acreage or steed address) Improvements theieon: RESIDENTIAL ~AiS194,002.46 P~tOPEICfY AI)t'KtBSS: 40S Spriaghouse Rar d, C~rpIR1(, PA 11011 This ad ran on the date(s) shown below: L... - ~\.Sworn to d ubscribed before e 2 ~ y of February, 2010 A.D. \~ - , Notary Public COMMONWEALTH OF PENNSYLVANIA Sheltie L, lC~ner3 Note City Of Harrisbu ry Public r~; Dauphfi Courtly ~' ~~~ Expires Nov. 26, 2011 Member, Pennaylvanla Association of Notaries 01 /22110 01 /29/10 02/05/10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 5TH day of MAY A.D., 2010, under and by virtue of a writ Execution issued on the 6TH day of OCT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 3254, at the suit of BAC HOME LOAN SERV L P against JOHN A DEROUEN is duly recorded as Instrument Number 201013335. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ 7 -~ day of A.D F4tYoNdydJwaQ14 ~~.~r'r'.317~Eat.eiini~.i«ria:rti~l.,»~....., ..~