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HomeMy WebLinkAbout09-3817 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 Jo§hua I. Goldman, Esq., Id. No. 205047 ,eourtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 207932 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q? 3kl7 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207932 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 #: 207932 Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/10/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200731760. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01 /2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 207932 6. The following amounts are due on the mortgage: Principal Balance $306,821.78 Interest $19,487.35 09/01/2008 through 06/08/2009 (Per Diem $69.35) Attorney's Fees $1,300.00 Cumulative Late Charges $1,624.47 08/10/2007 to 06/08/2009 Mortgage Insurance Premium / $145.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $330,128.60 Escrow Credit $0.00 Deficit $5,105.42 Subtotal $5,105.42 TOTAL $335,234.02 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 207932 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. 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 $335,234.02, together with interest from 06/08/2009 at the rate of $69.35 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. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire ,Courtenay R. Dunn, Esquire / Attorneys for Plaintiff File #: 207932 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates, recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot No. 30 and Lot No. 31; thence along said western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point in the dividing line between Lots Nos. 31 and 32; thence along the dividing line between Lots Nos. 31 and 32 North 81 degrees 45 minutes 23 seconds East a distance of 310.67 feet to a point in the dividing line between Lots Nos. 31 and 40; thence along the dividing line between Lots Nos. 31 and 40 North 08 degrees 51 minutes 28 seconds East a distance of 140.00 feet to a point in the dividing line between Lots Nos. 31 and 30; thence along the dividing line between Lots Nos. 31 and 30 South 88 degrees 17 minutes 00 seconds East a distance of 325.11 feet to a point in the western right of way line of 60 feet wide Chelsea Lane, the place of BEGINNING. THE ABOVE DESCRIBED lot of land is all of Lot No. 31 as shown on said Subdivision Plan for Kings Gap Estates recorded as aforesaid, and contains an area of 50,067 square feet, or 1.15 acres, more or less. THE ABOVE DESCRIBED Lot #31 has the mailing address of 62 Chelsea Lane, Carlisle, PA 17013. PARCEL NO: 08-12-0334-127 PROPERTY ADDRESS: 62 CHELSEA LANE File #: 207932 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: o(WO ttOmey r Plaintiff File k: 207932 JE:F Z f',f?TMY 20U9 JUN 10 AM !0: 17 Sul $-Ii-sd of ? ?auu?y Sheriffs Office of Cumberland County R Thomas Kline ~°~~'~ mt +Guu~b~r~~~d Edward L Schorpp Sheriff ~ „ Solicitor _. ~~~ Ronny R Anderson ~ ~~°'' Jody S Smith Chief Deputy o~~}c~ of rr~E s~=aif~ Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/13/2009 11:57 AM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2009 at 1157 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Walter W. Braithwaite, by making known unto himself personally, defendant at 2 Houser Lane 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. 06/13/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Maria A. Braithwaite, but was unable to locate her in hip bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Maria A. Braithwaite. Per ex husband Walter W. Braithwaite, the defendant lives in Allentown, Pennsylvania. An exact address is not available. SHERIFF COST: $54.40 June 15, 2009 SO ANSWERS, R THOMAS KLINE, S Y 2009-3817 Metlife Home Loans v Walter Braithwaite ~ rU C .~ 'n ~', _. -- -rte -..~ _.- ~ __ .v y C,P7 ~ ~ j t`L, "'~ • L ~ 4 ~~L~-~~i t~~ ~~ ENE ~~~~~3~QTARy=. ?QIO ~C~' -5 P 3~ 22 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 ~~5_~F~_7noo METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff vs. WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE Defendants ~:L~9~~LAi~D COU1~T4' ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. CIVIL-09-3817 O 10. op P12t ~~ e~ ro~a~ ~~~19aoo TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PH AN 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 Attorneys for Plaintiff Date: nctnher 4, ?~1 ~ /jcs, Svc Dept. File# 207932 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 6.°~~~tit~ od ~umbprl~~~ ~ + r f}~F IL.E ~.:' '~.E'~... ERIF~ f'I~ Ci~-t~s ~ r'~, Via" ~`~i~ ~:~;~,~ur,~~nit~,~'Y •i 6ttVi 1 Fit ( , i ai ~ . L.r ~ C. ~ ~ i i ~ 1 ' i ~i rb t ~Sr~~ 1tt, ., , i f~Is ~~} i`7. YSA i., Metlife Home Loans A Division of Metlife Bank NA vs. Walter W. Braithwaite (et al.) Case Number 2009-3817 SHERIFF'S RETURN OF SERVICE 10/06/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Maria A. Braithwaite, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lehigh County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Maria A. Braithwaite, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Maria A. Braithwaite. Deputies were advised, Maria A. Braithwaite does not reside at 62 Chelsea Lane, Carlisle, PA 17015. 10/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Maria A. Braithwaite, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortage Foreclosure as not found as to the defendant Maria A. Braithwaite. Current homeowner of 4 Rockwell Court, Carlisle, PA 17015 advised Deputies Maria A. Braithwaite has not resided at this address in three years. 10/13/2010 01:50 PM -Lehigh County Return: And now October 13, 2010 at 1350 hours I, Ronald W. Rossi, Sheriff of Lehigh County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Maria A. Braithwaite by making known unto Chris Buddock, Husband of defendant at 1818 W. Highland Street, Allentown, PA 18104 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $84.40 October 20, 2010 (c) CountySuite Shenft. Teleosoft Inc. SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF OFFICE CDURTHC'~SE - NTH R• HAM I LTOPd STREETS 4 ~~ -~} At~t I LTDN ST ROOM 4CJ ALLENTDWN PA 16101-1614 METL:tFE HOME LDANSq ET AL US WALTER W BRAIT'HWAITEq ET AL { CUMBERLAND CO -- ~S-:817 ) WRIT : REINSTATED COt+lPLA T NT I N MTG. FORE. AND NOTICE SERVE: MARIA A BRAITHI,IAITE AT : 1818 W HIGHLAND ST ALLENTOWN, PA CASE: c:2+10-NC-.=,106 EXPIR; ~4-tdnv-:w~i~ DEPOSIT : ,?,-~. ~O ENTRY; 1~`-Oct-Et~i~ RECD: 11-Oct-`~1~ ATTNY : ~~4~ ~R~>~ 0~~~ RETURN OF SERVICE {PURSUANT TD PARCP 40~} ~.. NAME DF I I~ID I V I. DUA!_. S'ER V ED : w ~6~'~ tS ~ c/QAo~' ~, _ __~ _ _ c. RELAT 10{VSH I P TO DEFENDANT : I-~~ da.AO ?,. DATE : _ ~0~/3 ~:~_1Q._ TIME : ____ l~a ~ HOURS : 4. LOCATION DF SERVICE: ~, .°i . U NA R L E ~ T O LOCATE : --._.-__.__._._.__._._.-..___..__._ ~_._. _-..._. { ) NUMBER DF ATTEMPTS TD LOCATE DEFENDANT AT LAST ~;NDI,IN ADDRESS: 1. DATE ~.• T I. ME .~. DATE tt TIME 5. DATE ~ TIME ~~:. DATE ~: TIME 4. DATE R TIME ~,. DATE ~: TIME ACCEPTANCE DF SERVICE I HEREBY ACCEPT SERVICE OF THE LEGAL PROCESS AS DUTLI:NED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS-ACGEPT'ED ON BEHALF OF THE LISTED DEFENDANTtS} AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SD. PRINTED NAME OF AUTHORIZED AGENT DATE: SIGNATURE OF AUTHORIZED AGENT TIME: _ __ _ PRINT NAM : OF DEPU"fY SHERIFF SO ANSWERS ~, ~~d EPUTY SHERIFF GH COUNTY IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF METLIFE COURT OF COMMON PLEA BANK. NA CIVIL DIVISION 4000 HORIZON WAY IRVING, TX 75063 TERM Plaintiff NO: d 5 ' 3247 VS. CUMBERLAND COUNTY WALTER W BRAITHWAITE MARIA A BRAITHWAITE 62 CHELSEA LANE # , PA 17015-7912' : CARLISLE - . , Defendants L ANSWER OF DEFENDANT MARIA BRAITHWAITE TO PLAINTIFF'S COMPLAIN? - WITH AFFIRMATIVE DEFENSES - The Defendant states the following as his/her Answer to Plaintiffs complaint: 1. Denied. Plaintiff sold loan to LBPS back March 2010 and does not own the rights to this loan. 2. Some parts denied. The defendants address for Maria Braithwaite is 1818 West Highland Street Allentown Pa 18104 3. Agreed 4. Neither Agreed or Denied 5. Denied. The Plaintiff does not own this loan. The loan is owned by LBPS and was sold to them through Metlife home loans. 6. Denied 7. Denied. 8. Agreed 9. Denied. Proper notices were not received by Defendant including Act 91 VERIFICATION Maria Braithwaite hereby states that she is the defendant of the Complaint servicing agent for the defendant 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 unworn falsification to authorities. Name Defendant ( day of Ct,&? 20dC) 10. Neither agreed or denied WHEREFORE, the defendant Maria Braithwaite respectfully request that plaintiff's claim be denied and the plaintiff's Complaint be dismissed and judgment be entered in favor of defendant. Respectfully submitted by Dated A)MVM / /-SW to)' Defendant VI ? 0 1) -q, Address 4?,-,on City/State/Zip 1?J 57C) IL2 Telephone Lender Business Process Servi es 14523 SW Miliikan Way, Suite 200; Beaverton, OR 7005 BPS- Business Hours (Pacific Time) Mon-Thu 5:00am to 9:00pm; Fri 5:00am to 6:90pm October 13. 0 Sat 6:00am to 12:00pm; Sun 11:00am to 5: 0pm PayYrk)ants P.O. Box 7162; Pasadena, CA 911097162 Correspon nce P.O. Box 4121; Beaverton, OR 970764121 L691C P??one Walter W raithwaite 866.5705277 62 CW1sea LN Fax Carlisle, P 17015 866.578;5277 We site www.lbys.com RE: Loan No.: 949426 IBM Lender Business Process Services, Inc. (LBPS) is the servicer of the above-referenced loan. As you may be ware, we are considering you for a loan modification under the federal government's Home; Affordable Mo ification Program. In order to complete our review, we still need to receive the documents listed below fro all borrowers and obligors listed on the note or deed of trust/mortgage. We must receive ALL of the req ired information by October 27, 2010 or we may be unable to offer you a Home Affordable Modificaticn. In addition, if y u want us to discuss your loan with a third party, you may print a copy of our Third Party Authorization f tm by visiting our website at www.lbps.com. Click on For Borrowers and select FAQs un(?er the Borrowx's Frequently Asked Questions section. Under FAQ Topics, choose Security and then the "How do I authorize a third party to speak to LBPS about my loan?" question. Please fax tle r uired documents listed below, at one time, to the fax number provided above. If you are unable to fax t s information, you may mail it to the correspondence address shown above or upload them to our website at ww.lbps.com. • Re uest for Modification and Affidavit (RMA) Form his document needs to be completed and signed, o to https://www.hnadmin.cgMlportaVdocs/hamp borrower/hamprmaint;pdf to obtain dditip al_ zopies of this form. • Fotin 4506-T - IRS Authorization Form s document needs to be completed and signed. to http://www.irs.gov/pub/irs-pdf/f4506t.Ddf to obtain additional copies of this form. • Batik Statements for the most recent two months • Co ies of two recent pay stubs reflecting year-to-date earnings • T Returns of tax returns or W2 forms for last year (Continued) THIS COMMUNICATION AND ANY INFORMATIO DISCHARGE OF THIS DI AGAINST THE COLLATI phone number is 866.436. Department of Commeme FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A *ANKRUPTCY T, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT IOF OUR LIEN AL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE JEYGENERAI_..GOV/CA. LBPS maintains a local office at 600 Seventeenth Street, Suite 800 North Tower, Denver, CO 802102. The office's i. NEW YORK CITY: 1331537, 1340663, 1340148. TENNESSEE: This collection agency is licensed by the Collection Seri ice Board of the Insurance. IBM Lender Business Process Services, Inc. is licensed to do business at 14523 SW Millikan Way, Beaverton, OR. Walter W Btaitl Loan No.: 7,049, Page 2 October 13, 201 • Proof of Income • Le r of Contribution • Ten ant Leases - Commercial • Alimony / Child Support Paid • Ali ony / Child Support Received • Div rce Decree • HO. k (Home Owner's Association) • Sto k Certificate The requireJ do uments listed above may only be a partial list of the documents required. Once you have provided the documentation requested, please contact us to confirm that all required documentation from all j borrowers and ligors listed on the note or deed of trust/mortgage have been received. ot that HUD-approved housing counselors are available through the Homeowner's HOPETM e ri Please t Hotlinmber 888.995.HOPE (4673) and upon request can provide assistance with understanding this notice and the Mating Home Affordable program. This is an on-demand counseling service that is available 24-hours a day, 7-days a eek. The HOPETM Hotline is available in Spanish and English (other languages are available on request). If you have any questions, please contact us at our toll-free number above. Sincerely, Lender Busines Process Services THIS COMMUNICATIDN I FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. WE ARE ATTEMPTING TO CO ECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DE T, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLL-46TEf AL PROPERTY. COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTI ES ACT, SEE WWWCOLORADOATTO qEYGENERAL.GOyLCA . LBPS maintains a local office at 600 Seventeenth Street, Suite 800 North Tower, Denver, CO 80 The office's phone number is 866.43647 . NEW YORK CITY: 1331537, 1340663, 1340148. TENNESSEE: This collection agency is licensed by the Collection S ce Board of the Department of Commerce an Insurance. IBM Lender Business Process Services, Inc. is licensed to do business at 14523 SW Millikan Way, Beaverton, OR. By: Jay in Hallinan & Schmieg, LLP awrence T. Phelan, Esq., Id. No. 32227 is S. Hallinan, Esq., Id. No. 62695 1 G. Schmieg, Esq., Id. No. 62205 :le M. Bradford, Esq., Id. No. 69849 T. Romano, Esq., Id. No. 58745 it R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 n R. Tabas, Esq., Id. No. 93337 Srivastava, Esq., Id. No. 202331 Jones, Esq., Id. No. 86657 J. Mulcahy, Esq., Id. No. 61791 ;w L. Spivack, Esq., Id. No. 84439 McGuinness, Esq., Id. No. 90134 Dvalante P. Fliakos, Esq., Id. No. 94620 a I. Goldman, Esq., Id. No. 205047 enay R. Dunn, Esq., Id. No. 206779 ,w C. Bramblett, Esq, Id No. 208375 m F. Wells, Esq., Id. No. 309519 161 JFK Boulevard, Suite 1400 0n Penn Center Plaza Phi adelnhia. PA 19103 TLIFE HOME LOANS A DIVISION METLIFE BANK NA Plaintiff Vs. W,? LTER W. BRAITHWAITE MARIA A. BRAITHWAITE Defendant(s) FILED-OFFICE PROTHONOTARY 2011 JAN 24 t-M 9" c,UMBERLAD COUNTY ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. CIVIL-09-3817 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.. 2352 TOI THE PROTHONOTARY: Kindly substitute FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") as successor Plaintiff for the originally named Plaintiff. follows: The material facts on which the right of succession and substitution are based as FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded CIVIL-09-3817 207932 08/31/2010 in Mortgage Instrument No. 201024192 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. 1 Date: -1 hl-k PHELAN HALLINAN & SCHMIEG, LLP By: heIan 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 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff CIVIL-09-3817 207932 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION'), use plaintiff. PHELAN HALLINAN & SCHMIEG, LLP By: l ooOlhelan 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 Jenne 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. Fhakos, 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 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff CIVIL-09-3817 207932 PHEL HALLINAN & SCH IIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis Hallinan, Esq., Id. No. 62695 Daniel G Schmieg, Esq., Id. No. 62205 Michele 14. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal P. Shah-Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren Tabas, Esq., Id. No. 93337 Vivek S vastava, Esq., Id. No. 202331 Jay B. Jo es, Esq., Id. No. 86657 Peter J. ulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisov ante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtena R. Dunn, Esq., Id No. 206779 Andrew 33. Bramblett, Esq., Id No. 208375 Allison . Wells, Esq., Id. No. 309519 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philadel ia, PA 19103 215-56 -7000 MET IFE HOME LOANS A DIVISION OF COURT OF COMMON PLEAS MET IFE BANK NA Plaintiff CIVIL DIVISION V. NO. CIVIL-09-3817 WAL R W. BRAITHWAITE A. BRAITHWAITE CUMBERLAND COUNTY 62 C LSEA LANE CARL SLE, PA 17015-7912 Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Praecipe for Voluntary Substitution of Party P?aintiffwas served by regular mail on the following parties on the date indicated below: WALTER W. BRAITHWAITE A. BRAITHWAITE 62 C LSEA LANE CARL LE, PA 17015-7912 Date: WALTER W. BRAITHWAITE MARIA A. BRAT THWAITE 2 HOUSER LANE CARLISLE, PA 17013-4444 Respectfully submitted, PHELAN HA.LLINAN & SCHMIEG, LLP By: La ence 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 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff