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HomeMy WebLinkAbout09-3600Phelan 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 207736 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS 1 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. BRIAN MYERS 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 04 - 31000 0;vt'l rePik CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207736 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 #: 207736 Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS 1 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: BRIAN MYERS 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/07/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR REGIONS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1845, Page 1666. 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 02/12/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 207736 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. 7. 8 thereon are collectible forthwith. Principal Balance $92,827.41 Interest $1,907.73 01/12/2009 through 06/01/2009 (Per Diem $13.53) Attorney's Fees $1,300.00 Cumulative Late Charges $111.72 11/07/2003 to 06/01/2009 Property Inspections $123.75 Cost of Suit and Title Search 750.00 Subtotal $97,020.61 Escrow Credit ($329.83) Deficit $0.00 Subtotal 329.83 TOTAL $96,690.78 The following amounts are due on the mortgage: If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability File #: 207736 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $96,690.78, together with interest from 06/01/2009 at the rate of $13.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: QaMtx!1/-1*4444-fiAA V/41 Lawr ce 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 #: 207736 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, being more fully bounded and described in accordance with a plan of survey by R & R Associates, dated August 3, 1978, and bearing drawing No. M-1978-119, as follows, to wit: BEGINNING at a drillhole set on the northwesterly side of Ninth Street and a corner of property now or formerly of Margaret E. Eichelberger; thence extending from said beginning drillhole and measured along the northwesterly side of Ninth Street, South 62 degrees 30 minutes 00 seconds West, 22.00 feet to a re-bar set at a corner of property now or formerly of Ronald W. Kurtz; thence extending along line of same, North 27 degrees 20 minutes 00 seconds West, 100.00 feet to a fence post on the southeasterly side of a 10.0 feet wide unopened alley; thence extending along same, North 62 degrees 30 minutes East, 21.71 feet to a fence post at a corner of land now or formerly of Margaret E. Eichelberger, aforesaid; thence extending along line of same, and passing through a dwelling dividios wall between these premises and the premises adjoining on the East, South 27 degrees 30 minutes 00 seconds East, 100.00 feet to the first mentioned drillhole and place of BEGINNING. PROPERTY BEING; 407 9' STREET PARCEL# 26-24-0811-200 File #: 207736 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: l Atto ey for Plaintiff P A3 7 File #: 207736 Q T , 1!. t 4'18 . so Po ATMf ex,valaw px*aa4oao r r. Sheriffs Office of Cumberland County R Thomas Kline 4608,,1r of lurch rlEdward L Schorpp Solicitor Sheriff Ronny R Anderson Jody S Smith Chief Deputy F,4E ",'E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/04/2009 08:51 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 2051 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian Myers, by making known unto himself personally, defendant at 407 Ninth Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 SO ANSWERS, June 05, 2009 2009-3600 The Bank of New York Mellon Trust V Brian Myers R THOMAS KLINE, SHERIFF 62,.eo- G ? Deputy Sheriff C3 .s1 c" ua = ? ~ c .t' C• -v rr+ 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 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 Plaintiff vs. BRIAN MYERS Defendant(s) ATTORNEY FOR PLAINTIFF :' COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3600 CIVIL TERM CUMBERLAND COUNTY PHS #: 207736 TO THE PROTHONOTARY: Kindly substitute the attached verification for ~he verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ^ La nce T. Phel ,Esq., Id. No. 32227 ^ Francis S. Hallinan,,Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradfor ,Esq., Id. No. 69849 ^ Judith T. Romano, sq., Id. No. 58745 ^ heetal R. Shah-Jan ,Esq., Id. No. 81760 ~Jenine R. Davey, E ., Id. No. 87077 ^ Lauren R. Tabas, E q., Id. No. 93337 ^ Vivek Srivastava, E q., Id. No. 202331 ^ Jay B. Jones, Esq., d. No. 86657 ^ Peter J. Mulcahy, E q., Id. No. 61791 ^ Andrew L. Spivack Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fli os, Esq., Id. No. 94620 ^ Joshua I. Goldman, IEsq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-15-09 PHS #: 207736 tit f' ~ ( fr' ~.~ .-.• 6, ~'y ~ f~ I '.i~ V 1_ i 2~~9 J~? ! 7 P~~9 ! ~ 20 CUB;;. - :~~ ..~~~v r~ r~l ~ ~~.,,c,; ~ ~,,s,> ..i hereby states that he/she is IAL, LLC, servicing agent for Plaintiff, THE BANK OF NEW YORK MELLON TRUST COMPANY, NA'CIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1, in this matter, that he/she is authorized to take this V foregoing Civil Action in Mortgage Foreclosure are know ledge, information and belief. The undersigns and that the statements made in the and correct to the best of his/her understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 DATE: `~ ~ ~ ~" ~ ' File #: 207736 Myers to unsworn Nam - /Jeffrey Stephan Limited Signing Officer Company: HOMECOMINGS FINANCIAL, LLC 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 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 Plaintiff vs. BRIAN MYERS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3600 CIVIL TERM :! CUMBERLAND COUNTY I hereby certify that a true and correct copy o Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the follo ing on the date listed. below: BRIAN MYERS 407 NINTH STREET NEW CUMBERLAND, PA 17070-1 ~ 13 Phelan I~allinan & Schmieg, LLP Attorney for Plaintiff By: ^ L °nce T. Ph an, Esq., Id. No. 32227 ^ Fran~is S. Hallinan, Esq., Id. No. 62695 ^ Dani 1 G. Schmieg, Esq., Id. No. 62205 ^ Mich le M. Bradford, Esq., Id. No. 69849 ^ Judit T. Romano, Esq., Id. No. 58745 ee g al R. Shah-Jani, Esq., Id. No. 81760 Jeni R. Davey, Esq., Id. No. 87077 ^ Laur n R. Tabas, Esq., Id. No. 93337 ^ Vive Srivastava, Esq., Id. No. 202331 ^ Jay .Jones, Esq., Id. No. 86657 ^ Pete J. Mulcahy, Esq., Id.:~10. 61791 ^ And w L. Spivack, Esq., Id. No. 84439 ^ Jaim McGuinness, Esq., Id. No. 90134 ^ Chri ovalante P. Fliakos, Esq., Id. No. 94620 ^ Josh a I. Goldman, Esq., Id. No. 205047 ^ Co enay R. Dunn, Esq., Id. No. 206779 ^ And ew C. Bramblett, Esq., Id. No. 208375 Date: 7-15-09 1 ~ L. r~~ r L' i !'~,i '"~ c "4N'~~ THr 2~C9 ..l~L 17 ~'t`i I ~ 2u e, ~~~ .~ , ~ . ~~tir-r PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL COURT OF COMMON PLEAS ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE CIVIL DIVISION FOR RAMP 2004RS1 Plaintiff N0.09-3600 CIVIL TERM v CUMBERLAND COUNTY BRIAN MYERS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/11/2009 to Date of Sale ($16.20 per diem) n ~ -- =;; ~ r;,~_ ; 97 218.45 ` ' N-j ;_,~; ~ '`~ 6 885.00 ~~ L=~ ~ ~ r ~ - ~ , . ,. - ;:~ - - - TOTAL O ~a~.oo PO wTr! X3.30 CBF 78.50 ~~ r'i}.00 N a.so w '~rtoa.3o - ~ aTM ~a.oo I~ue Co • 50 Ll, Note: Please attach description of property. PHS # 207736 C* gssre~ e,~a~{a.~BS I-ZE l~~' ~ $104,103.45 Attorney 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 ~~ y ~ d E- ~~ ~ O H W ~ O ~~ a~ zo o ~ z° H ~O ~ W ~ OV V V H ~ ~ ¢ ~' °~ H d d~ zz O ~ QI W ti c~ ~~a O~ V N O O ~"' V~ o° zHa ~ w~x ~ 0 0 0 .~, O VW ~+W•~ 3wa ~ ~ ~z~ ~ V Ewa H O H > a~ ~~ Q O F~1 U w a Oc F ~ w 3° o~ w ~° ~~ U a M .~-i 'b ~ ~ O y O N ~ ¢ ~ a ~ A Wz ¢ ~~~ 3 ~~~ ~, zz~ 3 w ¢ ~°vZ 0 N y~ ~ O ~ ~ M 0 °~~°~ ° O M N ~ b O~~ N O z az o oz oz~~ ,~ o 0 a ZZbz.ti o o °~ ozZ czz~ ~ ^ ^ v" ~~ ~w ^ ^~ ~'° Q'NW ~ W W W ~ti W N• ~' a'b Q'w W~ W W a~i ~~~onw ~wwW ^w~~w~~.o a ~ ~x~~x Q~ ~ ~ ~a ~~~ T~ o ~awQ~•~v~tia>tia¢ti°U~°U¢ ¢a,^^^~0~0^^~0^^~DO^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 ~~ ~ ~ ._ One Penn Center Plaza ; ~~ ,~}_,r ` , _ ' _,, i ui~y Philadelphia, PA 19103 215-563-7000 2D f 0 F;"",' `s 2 7 ~ ~ : , ~, THE BANK OF NEW YORK MELLON TRi~.fi ~OIVIPA~IY~;~;~-,-~, NATIONAL ASSOCIATION FKA THE BANK ~''1~~~;~'ir~~ TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 Plaintiff v. BRIAN MYERS Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3600 CIVIL TERM 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. ~~C By: Attorney 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 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 Plaintiff v. BRIAN MYERS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3600 CIVIL TERM CUMBERLAND COUNTY PHS # 207736 AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1, 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 407 NINTH STREET, NEW CUMBERLAND, PA 17070-1513. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BRIAN MYERS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 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 C'a reasonably ascertained, please indicate) C'v - None. - ~_~ `~ :~` .~ ~ 4. Name and address of last recorded holder of eve mort a e of record: rY g g r`.> r' +'n Name Address (if address cannot be ~~ ~ e.~, . ~ ,_~.. d reasonably ascertained, please indicate) ~ ~ American General Financial Services, Inc. 6 South Hanover Street ~ y Carlisle, PA 17013-0417 ~ c,. a f %, ..,ti 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7.~ Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. C May 26.2010 By; ~ c ~tV~~ Attorney for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ 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 NEW YORK MELLON TRUST COMPANY, COURT OF COMMON PLEAS NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CIVIL DIVISION CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 N0.09-3600 CIVIL TERM Plaintiff n ~ , ;, CUMBERLAND ~U l~'Y ~`' • ~~ ., t T'§ °'~ BRIAN MYERS :' ` ~~ s --~ ,-, Defendant(s) - . - - `T? . - NOTICE OF SHERIFF'S SALE OF REAL ` `A '- + PROPERTY - ~!~! -.-k ~~>- `x~ TO: BRIAN MYERS 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 **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 407 NINTH STREET, NEW CUMBERLAND, PA 17070-1513 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $97,218.45 obtained by THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may 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 Sheriffls 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 cal1215-563-7000. 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 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 N0.09-3600 CIVIL TERM THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 vs. BRIAN MYERS owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 407 NINTH STREET. NEW CUMBERLAND. PA 17070-1513 Parcel No. 26-24-0811-200 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $97,218.45 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, being more fully bounded and described in accordance with a plan of survey by R & R Associates, dated August 3, 1978, and bearing drawing No. M-1978-119, as follows, to wit: BEGINNING at a drillhole set on the northwesterly side of Ninth Street and a corner of property now or formerly of Margaret E. Eichelberger; thence extending from said beginning drillhole and measured along the northwesterly side of Ninth Street, South 62 degrees 30 minutes 00 seconds West, 22.00 feet to a re-bar set at a corner of property now or formerly of Ronald W. Kurtz; thence extending along line of same, North 27 degrees 20 minutes 00 seconds West, 100.00 feet to a fence post on the southeasterly side of a 10.0 feet wide unopened alley; thence extending along same, North 62 degrees 30 minutes East, 21.71 feet to a fence post at a corner of land now or formerly of Margaret E. Eichelberger, aforesaid; thence extending along line of same, and passing through a dwelling dividios wall between these premises and the premises adjoining on the East, South 27 degrees 30 minutes 00 seconds East, 100.00 feet to the first mentioned drillhole and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Brian Myers, by Deed from Sidney R. Culbertson and Kathy A. Culbertson, h/w, dated 11/0712003, recorded 11/18/2003 in Book 260, Page 1953. PREMISES BEING: 407 NINTH STREET, NEW CUMBERLAND, PA 17070-1513 PARCEL NO.26-24-0811-200 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3600 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION f/k/a THE BANK OF NEW YORK TRUST COMPANY, N.A., as successor to JPMORGAN CHASE BANK N.A. as Trustee for RAMP 2004RS1, Plaintiff (s) From BRIAN MYERS (I) 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 $97,218.45 L.L.$.50 Interest from 7/11/09 to Date of Sale ($16.20 per diem) -- $6,885.00 Atty's Comm Due Prothy $2.00 Atty Paid $162.30 Other Costs Plaintiff Paid Date: 5/27/10 ~. David D. B ell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 ~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO ,IPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 Plaintiff, v. BRIAN MYERS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ~ `"~' t= •-,~,-rt~ No. 09-3600 CIVIL TER1V!` ~ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: N r:; .b --, ~a '~. . W ..' ~j~~;~: 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 atta h~ ibit " ". L wrence an, Esq., Id. No. 32227 ^ ands S. Hallman, Esq., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., [d. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., ]d. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: July 30, 2010 -a Ti .:r 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. P}IS # 207736 Name and Phelan Hallman & Schmieg, LLP Address ~ 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Pla2~ Philadelphia. PA 19103 in•rfsr.rr _ nomannen esr ~ Line Article Number Name of Addroasce Strew and Post Oftice Address _ Poste a Fee 1 **** TitNANT/OCCUPANT 407 NINTH STREET NEW CUMBERLAND PA 17070-7513 ~ Sds ~~' ~ 2 **** Domestic Relations o[ Cumberhnd County W U ,~~'~, _ ~ • ~ 13 North Hanover Strcet y Carlisle PA 17013 ~ ~ ,4 3 **** Commonwealth of Pennsylvania Department of Welfare ~._.__ P.O. Bo:26TS Harrisbn PA 17105 4 **** United States Internal Reveaue Special Procedures Branch Federated Investors Tower ~ 13th Floor, Suite 1300 1001 Liberty Avenue Pittabu 6 PA 15222 a o uwrF 5 **** U.S. Department of Justice ~ o N ~ s~~ U S Att . . orney for the Middle District of PA o ~ ~ Federal Bnildin8, P.O. Boz 11754 ~ ~ ~ ~ ~ 228 Walnpt Street Hsrrisba PA 17108 6 ~ L ~ American General Financial Servieea, Ina 6 South Hanover Street $ z N a Cartiale PA 17013-0417 m ,°, , 7 ~ II ~ N~ 8 ~ c~ `" ~ 9 10 -- - il .~, . - 12 i , 13 ~~- 14 s + ------ 15 RE• CUMBERLAND TEAM 3 PHSii 207736 Totat Number ~,y). N~bar of Pieaas Poatmaater; per (Nana of The !till declantioa of value it r uhed on ell domestic and immnuiond - Yieces .Sender ecdved u poet Ofaa Real eq regirtaM mail, The maximum indamniry payable wW limployee) ka th i f e recomwct on o u0anagotiabk doeummte under axp,ey Mail document raomtruclioa uuuraoce ie f30,000 par pica wbjact m a limit of 5300,000 per oamraoa. The maximum indemnity payabk on H~aaaa Mal mmchandiw ie 5500, The maximum indemdry payable is 523,000 for repetmed mail, xnt with optiond euwaaa. Sce fbmeuic Mail Manuel R900 5913 and 3921 for limitatlous of wvmaea. ~. ~` ~ ~ a, °~h~ 0`S~ °- o ~ ~ on ^' a~ .~ .~ ~ (n ~ f~l Uv ~ `~ j 2 ~ ~ d Q ~o~a ~~U,~ x x ~ p c ti ~ b `~ ~ ~ .~ °' _" a a`OOa, C ~ .b tV F ~ Fem.. N cC "~O W z¢o d~~ THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 Plaintiff v. BRIAN MYERS Defendant(s) PHS # 207736 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1, 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 407 NINTH STREET, NEW CUMBERLAND, PA 17070-1513. Name and address of Owner(s) or reputed Owner(s);;<< Name dress (if address cannot be reasonably certained, please so indicate) BRIAN MYERS 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) DELL FINANCIAL SERVICES, LLC C/O DANIEL SANTUCCI, ESQ. 1333 RACE STREET PHILADELPHIA, PA 19107-1556 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) American General Financial Services, Inc. 6 South Hanover Street Carlisle, PA 17013-0417 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. COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3600 CIVIL TERM CUMBERLAND COUNTY 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 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. July 29, 2010 By: Atto for Plain ' Phelan Hallinan & Schm- , LLP ^ L wrence T. Phelan, Esq., Id. No. 32227 ^ F antis S. Hallinan, Esq., Id. No. 62695 aniel 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 PLAINTIFF TAE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 DEFENDANT BRIAN MYERS SERVE BRIAN MYERS AT: 407 NINI'A STREET NEW CUMBERLAND, PA 17070-1513 PAS #207736 SERVICE TEAM/ lac COURT NO.: 09-3600 CIVIL TERM TYPE OF ACTION XX Notiice d SheriR's SAIe SALE DATE: 09108!2@10 SERVED ~ ''`' ~. 7 !j Served and made irnown to BRIAN MYERS Defendant on the ~Q~`day of ~KNE . ZD f~, at .~., " . ~, _., `,Z' ~ o'clock ~. M., at ~~~,NEwevtt Q~ N~ pe in the manner desciibad below ~ ~i '? / Defendant personally served. i _ Aduk family member with whom Defendant(s) reside(s). 6~ Relationship is '~ _ Adult in charge of Defendant's residence who refused to give name or relationship. - ~ _ Manager/G7erk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office ar usual place of business. " ~~ ~,,, an officer of said Defendant's company. ~. c.1 Description: Age ~ Height ~~ Weight l ~ y Race w Sex ~ Otha I, ~yy~'t, b ~~~ 4a competent adult, being duly sworn acceding to law, depose and state that i personally handed a true and correct copy of the Notice of Sheriffs Sale in the mariner as set forth herein, issued in the captioned case on the date and at the address indicated above. KIMBERLY CURTY Sworn to and su~}bed _ NOTARY 1'IJBLIC before me this ~ti'`da TA'fE OF~W ,lER3EY Y . .. ; S - . . _ . . . of Tu'iv ~:. 20 t~. .. SSIO RES MARCH 7, 2013 No By: NOT SERVED y , 20 , at o'clock _. M., Defendant NOT POUND because: _ Vacant _ Bad Address _ Moved i Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscn'bed before me this day of ;~ By: rl~,.y; A'rroltt~Y FOR PLA1NPIIrF L.~a7,.i,>tro.x~.~ r-e.d. s. x.i.,, e,., w r. ceea n.wc.aa.r6~r~w.aaas YID t~ ~ L~, YliflM ~T.lwere, Ry, Ii l1~ 97~ Seed R SiJ~i,1b4. Y. Ne. C7 W Joie R Onq, ~ tl. tla i1 Rl . v1,dc sa,rrw, ~q,1i w ]IZUI ~gaJ.e.4.~atr.urn IMQ 11rki,, 6y, li ra i17lI ~. r R. ~. sp. ~. iw. ~ t n.. ~ lie Ma4ler~ly.li Na fp31 Ciden.~.ee r. ~w~e.>ba. ~t N. sew ~ e+~ ~ ce i r.. s ~, w. w a s~ n Cew~ergt Dew, a.~ Ne.7KTD AFFID•,AVIT OF SERVICE CUMBERLAND COUNTY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy LONE +? ci ?tuiferr?rrr# E' E r)-PjFFICE f%:7 T ,I r'c'ty i 7. ,a ??1''i? It no r a' a ?Ia0E"?9 P 4 !13 Richard W Stewart Solicitor The Bank of New York Mellon vs. Brian Myers Ff = OF ` =F (Y ? k Case Number 2009-3600 SHERIFF'S RETURN OF SERVICE 06/24/2010 10:24 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0910 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brian Myers, located at, 407 Ninth Street, New Cumberland, Cumberland County, Pennsylvania according to law. 06/26/2010 09:10 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-201 C at 0910 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: Brian Myers, by making known unto, XBrian Myers, personally, at, 407 Ninth Street, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/07/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/01/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 12/22/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 12/22/10. SHERIFF COST: $743.62 December 28, 2010 SO ANSWERS, RON W R ANDERSON, SHERIFF RL ?.?-?53 X81 ?c Counr,Suite Snentt. Re cstt. Inc THE. BA OF NEW YORK MELLON TRUST COMP , NATIONAL ASSOCIATION FKA THE BANK OF NEW YORk TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 Plaintiff V. BRIAN MYERS Defendant(s) PHS # 207736 AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1, 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 407 NINTH STREET, NEW CUMBERLAND, PA 17070-1513. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) BRIAN MYERS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) American General Financial Services, Inc. 6 South Hanover Street Carlisle, PA 17013-0417 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. COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-3600 CIVIL TERM CUMBERLAND COUNTY 7. Nar and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may bected by the sale: N Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. MM 26, 2010 By. V Attorney 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 THE BANK OF NEW YORK MELLON TRUST COMPANY, COURT OF COMMON PLEAS NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK : TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN : CIVIL DIVISION CI4ASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 : NO. 09-3600 CIVIL TERM Plaintiff : : CUMBERLAND COUNTY VS. BRIAN MYERS Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRIAN MYERS 407 NINTH STREET NEW CUMBERLAND, PA 17070-1513 "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 407 NINTH STREET, NEW CUMBERLAND, PA 17070-1513 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $97,218.45 obtained by THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to tie value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) 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 NO. 09-3600 CIVIL TERM THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS1 VS. BRIAN MYERS owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 407 NINTH STREET, NEW CUMBERLAND, PA 17070-1513 Parcel No. 26-24-0811-200 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $97,218.45 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 ?i LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, being more fully bounded and described in accordance with a plan of survey by R & R Associates, dated August 3, 1978, and bearing drawing No. M-1978-119, as follows, to wit: BEGINNING at a drillhole set on the northwesterly side of Ninth Street and a corner of property now or formerly of Margaret E. Eichelberger; thence extending from said beginning drillhole and measured along the northwesterly side of Ninth Street, South 62 degrees 30 minutes 00 seconds West, 22.00 feet to a re-bar set at a corner of property now or formerly of Ronald W. Kurtz; thence extending along line of same, North 27 degrees 20 minutes 00 seconds West, 100.00 feet to a fence post on the southeasterly side of a 10.0 feet wide unopened alley; thence extending along same, North 62 degrees 30 minutes East, 21.71 feet to a fence post at a corner of land now or formerly of Margaret E. Eichelberger, aforesaid; thence extending along line of same, and passing through a dwelling dividios wall between these premises and the premises adjoining on the East, South 27 degrees 30 minutes 00 seconds East, 100.00 feet to the first mentioned drillhole and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Brian Myers, by Deed from Sidney R. Culbertson and Kathy A. Culbertson, h/w, dated 11/07/2003, recorded 11/18/2003 in Book 260, Page 1953. PREMISES BEING: 407 NINTH STREET, NEW CUMBERLAND, PA 17070-1513 PARCEL NO. 26-24-0811-200 WRIT OF EXECUTION and/or ATTACHMENT NO 09-3600 Civil COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION f/Wa THE BANK OF NEW YORK TRUST COMPANY, N.A., as successor to JPMORGAN CHASE BANK N.A. as Trustee for RAMP 2004RS1, Plaintiff (s) From BRIAN MYERS (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 $97,218.45 L.L.$.50 Interest from 7/11/09 to Date of Sale ($16.20 per diem) -- $6,885.00 Atty's Comm % Due Prothy $2.00 Atty Paid $162.30 Other Costs Plaintiff Paid Date: 5/27/10 1'T David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Kn&vn and numbered as, 407 Ninth Street, NeW Cumberland, more fully described on Exhibit " filed with this writ and by this reference inrporated herein. Date: June 14, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 9009-3600 civil 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. Brian Myers Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-3600 CIVIL TERM, THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL AS- SOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2004RS 1 vs. BRIAN MYERS, owner of property situate in the BOROUGH OF New [ TIMAF.RT.AND.,_Cumberland ie Coyne, SWORITTO AND SUBSCRIBED before me this 30 day of Jul 2010 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 9 ???1RI?AT?7V1 ? ."3 A ?fr'FC? ?qr1 '>`? ??t,labl t4Slr(1.' ? IM, 1 +tu?.:t7f;tt? .. sit } ?re,? The Patriot-News Co. r 2020 Technology Pkwy Suite 300 - Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE The atriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The (Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854. and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro Editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject master 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: Writ No. 2009-3600 Civil Tenn 07/09/10 The Bank of New York Mellon 07116110 F/K/A The Bank of New York as Successor to JPMorgan Chase 07/23/10 ' Bank, As Trustee for the Benefit of the Certificateholders of Equity One ABS, Inc. Mortgage .. , , , , , , , , , , Pass-Through Certificates, ... Series 20042 ; `' Vs Sworn to and subscribed before me this 05 day' of August, 2010 A D. Brian Myers Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-3600 CIVII. TERM ?: . THE BANK OF NEWYORK MELLON TRUST Notary Public COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO COMMONWE .l_ i"9 C+ rtE i1SYL, Al, b, JPMORGAN CHASE BANK N.A. AS Notarial Seal TRUSTEE FOR RAMP 2004RS1 Sherrie L. Kisser, Notary Public vs. Lower Paxton Twp., Dauphin Count, i BRIAN MYERS My Commission Explres Nov. 26, 2.011 j owner(s) of property situate in the BOROUGH Member. Pennsylvania A<,So iat'•rtn of (Votaries