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HomeMy WebLinkAbout09-3565Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 207242 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. DEBRA THEM PETER THEM 9 RAPUANO WAY, CARLISLE, PA 17015-7506 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ® I - 3 6 S ca.i--? f"tr? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207242 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 #: 207242 Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: DEBRA THEM PETER THEM 9 RAPUANO WAY CARLISLE, PA 17015-7506 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/25/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR OAK STREET MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1910, Page 921. 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 12/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 207242 6 7. 8. 9. The following amounts are due on the mortgage: Principal Balance $359,241.34 Interest $18,162.56 11/01/2008 through 05/28/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $1,434.83 05/25/2005 to 05/28/2009 Property Inspections $56.25 Cost of Suit and Title Search 750.00 Subtotal $380,944.98 Escrow Credit $0.00 Deficit $14,460.06 Subtotal $14,460.06 TOTAL $395,405.04 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 Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or File #: 207242 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. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $395,405.04, together with interest from 05/28/2009 at the rate of $87.32 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 Ctr1?? 9a,, By: Law9ence 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 Attorneys for Plaintiff File #: 207242 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the legal right-of-way line of a Cul-de-sac known as Rapuano Way, said point being on the dividing line between Lots Nos. 43 and 44 on the hereinafter mentioned Final Subdivision Plan; thence by said right-of-way line along the Northern end of said Cul-de- sac by a curve to the left having a radius of 50.00 feet an arc distance of 108.08 feet to a point; thence by the dividing line between Lots Nos. 42 and 43 on said Plan North 38 degrees 16 minutes 26 seconds West 155.00 feet to a point; thence by the dividing line betweens Lots Nos. 38 and 43 on said Plan North 61 degrees 19 minutes 52 seconds East 183.32 feet to a point; thence by land now or formerly of Harold L. and Joyce E. Bixler North 86 degrees 10 minutes 07 seconds East 172.47 feet to a point; thence by land now or formerly of David E. Lutz et al. South 02 degrees 30 minutes 00 seconds East 243.90 feet to a point; thence by the dividing line between Lots Nos. 43 and 44 on said Plan South 85 degrees 34 minutes 52 seconds West 167.23 feet to a point, the Place of BEGINNING. CONTAINING 63,521 square feet and being Lot No. 43 on Final Subdivision Plan, Phase Number One of Callapatscink, which is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 69, Page 20. UNDER AND SUBJECT to building and use restrictions recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 486, Page 1074, for certain lots File #: 207242 of Final Subdivision Plan for Phase Number One of'Callapatscink', as recorded in Plan Book 69, Page 20. BEING part of the property which was conveyed to Wilbert L. Diehl and Shryle M. Diehl, husband and wife, by Michael R. Rapuano and Marsha L. Rapuano, his wife, by deed dated January 13, 1966, and recorded in the Office aforesaid in Deed Book'S', Vol. 31, Page 236; and being part of 'Parcel A' in said Deed. By an Agreement of Sale for Real Estate between Wilbert L. Diehl and Shryle M. Diehl, husband and wife, and D&S Custom Homes, dated May 15, 1986, and recorded in the Office aforesaid in Misc. Book 317, Page 915, equitable title to said property was conveyed to D&S Custom Homes. Tax ID: 08-11-0292-041 PROPERTY BEING; 9 RAPUANO WAY File #: 207242 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. A??tk Atto ey for Plaintiff f paq DATE: S -a b -o_ File #: 207242 Cl TARY .,l.J(ri R a'? 5-9 Sheriffs Office of Cumberland County R Thomas Kline ,,Ott, ofs??nGrr? Edward L Schorpp Sheriff 4o Solicitor Vy Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF ,T"» 444ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/04/2009 10:06 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 1006 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Peter P. Them, by making known unto Andrew Them, son of defendant, al 9 Rapuano Way, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/04/2009 10:07 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 1006 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Debra Them, by making known unto Andrew Them, son of defendant, at 9 Rapuano Way, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.40 June 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff 2009-3565 The Bank of New York Mellon Trust V Peter Them 2 ° O t C", C- :il i C -n M- - F-n mac: two ? C p W 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-3565-CIVIL TERM VS. DEBRA THEM PETER THEM 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 DEBRA THEM and PETER THEM, 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 $395,405.04 Interest - 05/29/2009 to 07/07/2009 $3,492.80 TOTAL $398,897.84 I hereby certify that (1) the Defendants' last known address is 9 RAPUANO WAY CARLISLE, PA 17015-7506, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. By: Lawrence T. Phelan, Esq., Id. No. 32227 &4rrancis 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 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: J? g ?7&?, PHS # 207242 PROTHO OTARY 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-3565-CIVIL TERM DEBRA THEM PETER THEM VERIFICATION OF NON-MILITARY SERVICE The undersigned Attorney hereby verifies that she/he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she/he 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 DEBRA THEM is over 18 years of age and resides at 9 RAPUANO WAY„ CARLISLE, PA 17015-7506. (c) that defendant PETER THEM is over 18 years of age and resides at 9 RAPUANO WAY„ CARLISLE, PA 17015-7506. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. By: ;?/ 4 et? Lawrence T. Phelan, Esq., Id. No. 32227 ^ancis 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 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 Plaintiff V. DEBRA THEM PETER THEM Defendant(s) TO; PETER THEM 9 RAPUANO WAY, CARLISLE, PA 17015-7506 DATE OF NOTICE: June 25, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-3565-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 # 207242 -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: La nee T. Phela , 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 207242 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 Plaintiff v. DEBRA THEM PETER THEM Defendant(s) TO: DEBRA THEM 9 RAPUANO WAY, CARLISLE, PA 17015-7506 DATE OF NOTICE: June 25, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-3565-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 # 207242 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: LaH nce T. Phelan, q., Id. No. 32227 Francis S. Hallinan, q., Id. No. 62695 Daniel G. Schmieg, sq., 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 207242 FILED -Oi-l"I" OF THE: F ?'? H ,N"-) ARY 2009 JUL - 8 A l i: 4 9 cullvi /e/. ©d x • !24 a05-- dy7 --)9 "? 777,/ -7 (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON CUMBERLAND COUNTY TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS COURT OF COMMON PLEAS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 CIVIL DIVISION VS. DEBRA THEM PETER THEM 9 RAPUANO WAY CARLISLE, PA 17015-7506 : No. 09-3565-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on g a By: 11L' -D? T4T4 If you have any questions concerning this matter please contact: By: ?-1? 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 Attorneys for Plaintiff 215-563-7000 * * 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 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 Perm Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 Plaintiff VS. DEBRA THEM ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3565-CIVIL TERM : CUMBERLAND COUNTY PHS #: 207242 PETER THEM 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 Attorn for Plaintiff 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 Date: 07-10-09 PHS #: 207242 VERIFICATION «u Plaintiff, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. - DATE: S?2 I - U Jeffrey Stephan Limited Signing Officer Company: HOMECOMINGS FINANCIAL, LLC File #: 207242 Them Jeffrey Stephan hereby states that he/she is mrted Sign, n¢ficer _ of HOMECOMINGS FINANCIAL, LLC, servicing agent for 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-3565-CIVIL TERM : CUMBERLAND COUNTY Plaintiff VS. DEBRA THEM PETER THEM Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DEBRA THEM 9 RAPUANO WAY, CARLISLE, PA 17015-7506 PETER THEM 9 RAPUANO WAY, CARLISLE, PA 17015-7506 Phelan Hallinan & Schmieg, LLP Attornev for Plaintiff By: W v ? Lawrence T. Phelan, Esq., Id. No. 32227 E -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 Date: 07-10-09 "TA"r ?y "I" OL u U 9 J "1 13 P P, '31 2, 3, PHELAN HALLINAN & SCHMIEG, LLP BY: Chrisovalante P. Fliakos, Esquire Identification No. 94620 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. DEBRA THEM PETER THEM 9 RAPUANO WAY, CARLISLE, PA 17015-7506 Defendants TO THE PROTHONOTARY: PRAECIPE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-3565-CIVIL TERM CUMBERLAND COUNTY ® Please Vacate the judgment entered on July 8, 2009 ,7 Date: ~ O ~ Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Chrisovalante P. Fliakos, Esquire Identification No. 94620 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (2151563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff v. DEBRA THEM PETER THEM 9 RAPUANO WAY, CARLISLE, PA 17015-7506 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-3'i65-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiffs Praecipe to Vacate Judgment was served by regular mail on the following parties on the date listed below: Lee E. Oesterling, Esquire 155 South Hanover Street Carlisle, PA 1 013 DATE: Chrisovalante . Fliakos, Esquire Attorney for Plaintiff ~, ,. 2009 ~if~ -7 ~~~ i0~ ~ 1 ~! ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~iL'c(. ; Sheriff ,~~ T~--r !~: ~ ~ ,,~t.~?Y ~.°~~ja of t~'u~~,,~r~ ~ Jody S Smith h Chief Deputy 2G t d 4~i_ ! 2 ~ti~ l~~~ ~ :~~j~ Richard W Stewart '"~~ ~~°~`" Solicitor c,~Fte~e ~F THE sK€Ri~~. C°JRJ ~, ~ ' _,= '';, ~ ~' [ ' ~ `! " '~ The Bank of New York Mellon vs. Peter P. Them (et al.) Case Number 2009-3565 SHERIFF'S RETURN OF SERVICE 04/06/2010 03:20 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1520 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: Peter P. Them, by making known unto, Peter P. Them, personally, at, 9 Rapuano Way, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/06/2010 03:20 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1520 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: Debra Them, by making known unto, Peter P. Them, spouse, at, 9 Rapuano Way, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/06/2010 03:20 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1520 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 Peter P. Them and Debra Them, located at, 9 Rapuano Way, Carlisle, Cumberland County, Pennsylvania according to law. 06/03/2010 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 June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of The Bank of New York Mellon Trust Company, et. al., 1100 Virginia Drive, Fort Washington, PA 19034, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 829.84 SHERIFF COST: $829.84 SO ANSWERS, June 30, 2010 RON R ANDERSON, SHERIFF s~ ~. ~. ~~ 7?os"~ (c} CountySuite Sheriff, Teleosoff, Inc. ~~ , ^' ~' THE ~ANK OF NEW YORK MELLON TRUST COMPANY, N.A., F~/A THE BANK OF NEW YORK TR~JST COMPANY, N.A., AS SUCCESSOR TO JP?xIORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3565-CIVIL TERM CUMBERLAND COUNTY v. DEBRA THEM PETER THEM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K1A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7, 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 9 RAPUANO WAY, CARLISLE, PA 17015-7506. Name and address of Owner(s) or reputed Owner(s): Name DEBRA THEM PETER THEM 2. 5. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 9 RAPUANO WAY CARLISLE, PA 17015-7506 9 RAPUANO WAY CARLISLE, PA 17015-7506 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK/HARRISBURG, NA 3801 PAXTON STREET HARRISBURG, PA 17111 COMMERCE BANK/HARRISBURG, NA 10 EAST HIGH STREET C/O CHRISTOPHER E. RICE, ESQUIRE CARLISLE, PA 17013-3015 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) KEYSTONE FINANCIAL BANK, NA ONE WEST HIGH STREET CARLISLE, PA 17013 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. 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) TENANTIOCCUPANT 9 RAPUANO WAY CARLISLE, PA 17015-7506 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 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. December 29, 2009 By: ~ Atto or Plaintiff Phetan Hatlinan &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 THE BANK OF NEVI YORK MELLON TRUST COMPANY, N.A., F/K/A'~ THF,~$ANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3565-CIVIL TERM Plaintiff vs. DEBRA THEM PETER THEM Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DEBRA THEM PETER THEM 9 RAPUANO WAY CARLISLE, PA 17015-7506 **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, 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 9 RAPUANO WAY, CARLISLE, PA 17015-7506 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $409,812.84 obtained by THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe 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 FROPERTY 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 maybe 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-3565-CIVIL TERM THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 vs. DEBRA THEM PETER THEM owner(s) of property situate in the TOWNSHIP OF DICKINSON, Cumberland County, Pennsylvania, being (Municipality) 9 RAPUANO WAY, CARLISLE, PA 17015-7506 Parcel No. 08-11-0292-041 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $409,812.84 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the legal right-of--way line of a Cul-de-sac known as Rapuano Way, said point being on the dividing line between Lots Nos. 43 and 44 on the hereinafter mentioned Final Subdivision Plan; thence by said right-of--way line along the Northern end of said Cul-de-sac by a curve to the left having a radius of 50.00 feet an arc distance of 108.08 feet to a point; thence by the dividing line between Lots Nos. 42 and 43 on said Plan North 38 degrees 16 minutes 26 seconds West 155.00 feet to a point; thence by the dividing line betweens Lots Nos. 38 and 43 on said Plan North 61 degrees 19 minutes 52 seconds East 183.32 feet to a point; thence by land now or formerly of Harold L. and Joyce E. Bixler North 86 degrees 10 minutes 07 seconds East 172.47 feet to a point; thence by land now or formerly of David E. Lutz et al. South 02 degrees 30 minutes 00 seconds East 243.90 feet to a point; thence by the dividing line between Lots Nos. 43 and 44 on said Plan South 85 degrees 34 minutes 52 seconds West 167.23 feet to a point, the Place of BEGINNING. CONTAINING 63,521 square feet and being Lot No. 43 on Final Subdivision Plan, Phase Number One of Callapatscink, which is recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 69, Page 20. UNDER AND SUBJECT to building and use restrictions recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 486, Page 1074, for certain lots of Final Subdivision Plan for Phase Number One of'Callapatscink', as recorded in Plan Book 69, Page 20. Tax ID: 08-11-0292-041 TITLE TO SAID PREMISES IS VESTED IN Peter Them and Debra Them, h/w, by Deed from Wilbert L. Diehl and Shryle M. Diehl, h/w and D&S Custom Homes, a Partnership, dated 12/01/1994, recorded 12/08/1994 in Book 115, Page 1066. PREMISES BEING: 9 RAPUANO WAY, CARLISLE, PA 17015-7506 PARCEL N0.08-11-0292-041 ' ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-3565 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY, N A, f/k/a HE BANK OF NEW YORK TRUST COMPANY, NA , as Successor to JPMORGAN CHASE BANK, NA, as Trustee for RAMP 2005RS7, Plaintiff (s) From DEBRA THEM and PETER THEM (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 $409,812.84 L.L. $.50 Interest from 11/10/09 to Date of Sale ($68.30 per diem) -- $14,001.50 Atty's Comm % Due Prothy $2.00 Atty Paid $182.40 Other Costs Plaintiff Paid Date: 1/06/10 D dDB 11P h (Seal) avi ue r t onotary By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 9 Rapuano Way, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~~~ ~ Real Estate Coordinator 80 ~8 d t 1 Ntlf OIOZ yCi ~I~~~VI `IJ ., .1~~U JJI.....-1 ~~I?~3NS ~Ni 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: April 16, April 23, and Apri130, 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. _--- /2~ i Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 0 da of April. 2010 L Notary NOTARIAL SEAL DE80RAH A COILINS Notary Puplic LISt.E 80AOU6H, CUMBEALANO COUNTY Mhl ConMniaabn Expina Apr 28. Y01+ Nsit !N. IMN-iNi t'~Y The Bank of New York Mellon F/K/A The Bank of New York as Successor to JPMorgan Chase Bank, As Trustee for the Benefit of the Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-2 vs. Peter P. Them Debra Them Atty: Daniel Schmieg Hy virtue of a Writ of Execution NO. 09-3565-CIVIL, THE BANK OF NEW YORK MELLON TRUST COMPA- NY, N.A., F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR RAMP 2005RS7 vs. DEBRA THEM, PETER THEM, owrners of property situate in the TOWNSHIP OF DICKINSON, Cumberland County. Pennsylvania, being 9 RAPUANO WAY, CARLISLE, PA 17015-7506. Parcel No. 08-11-0292-041. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $409,81~- .84. ott.ll The Patriot-Newts Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~he~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 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 This ad ran on the date(s) shown below: 04/16/10 -- • l~~r~~~ Sworn to an ubscribed before a thi 8 da of May, 2010 A.D. ~---C-L-~-~~~G ~- ~_~ Notary Public COMMONW ~~ NN LVANIA Noted SeN Shertle L. KISr-er, Notary Publk Lower Paxbon'TVrp., Oauphln County My Commission res Nov. 26, 2011 04/23/10 04130110 Member, PennsYlvanla A~sodetlon of Notaries YYrlt fro. 20dY~36t6 C~eil Toren T's Bank of PlewYork Mellon J F/K/A'The Bank of New York as Sucoassor to JPMorgan Chase Qank, As' Trustee for the Benefit of tl~e Cergticatehotdere of Equity One ABS, lric. Mortgage Bass-Through Certificates, , Series 20042 vs. Peter R Them Debra Them Arty: Denial Schmkig By.virlue of a Wfit of Execution N0.09-3565- CIVILTERM THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., F/IC/A THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A.; AS TRUSTEE FOR RAMP 2005RS7 YS. - _. DEBRATHEM PETER THEbt Ownea(s) of properly. situate in the TOWNSHIP OP', )iCKTNSON, .Cumberland County, P~Yb~B~~'1ARAPUANO WAY, CARLI~L'E, PA 170I5-7506 Parord Ne. 08-11-0292-041 {Acmage a stree<aildr~ags) bnprovemeslts thereon: RESIDENTIAL DWELLING JUDtSMENT AMOUNT: S~IE19;812.84 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which RAMP 2005RS7 TR is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 6TH day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 3565 Number 2009, at the suit of RAMP 2005RS7 TR against DEBRA THEM & PETER THEM is duly recorded as Instrument Number 201018383. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this D A.D. ~-D /cam day of Deeds Recorder of Deeds, Llxnberland t~mtg Carlisle, PA MY CortNnission Expires the First Monday of Jan. ?~14