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HomeMy WebLinkAbout09-4034G? 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 hrisovalante P. Fliakos, Esq., Id. No. 94620 oshua 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 208888 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM e/V/ I Plaintiff V. NO. Q? - yG?y RICHARD A. NOTZ, JR JUDY G. NOTZ 231 KERRSVILLE ROAD CARLISLE, PA 17015-9410 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 208888 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 #: 208888 Plaintiff is BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD A. NOTZ, JR JUDY G. NOTZ 231 KERRSVILLE ROAD CARLISLE, PA 17015-9410 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/11/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT. CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1299, Page 224. By Assignment of Mortgage recorded 03/25/2002 the mortgage was assigned to COUNTRYWIDE HOME LOANS, INC. which Assignment is recorded in Assignment of Mortgage Book No. 685, Page 3380. 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 01/01/2009 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 #: 208888 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $70,425.84 Interest $2,372.62 12/01/2008 through 06/12/2009 (Per Diem $12.23) Attorney's Fees $1,300.00 Cumulative Late Charges $186.00 01/03/2004 to 06/12/2009 Cost of Suit and Title Search 750.00 Subtotal $75,034.46 Escrow Credit ($301.55) Deficit $0.00 Subtotal 301.55 TOTAL $74,732.91 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability File #: 208888 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. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $74,732.91, together with interest from 06/12/2009 at the rate of $12.23 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 H L CHMIEG, LLP By: DarAl G. Schnubg,-EsRafre 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 1UH Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 208888 LEGAL DESCRIPTION ALL 7WAT CiIILTA3 [ tract of land with the buildi,u s and improvements the eon arected situate in meat Penu&mboro °Tow"hip, Cum1mr1and County, Pennsylvania, bounded and described in &ccordance with a certain survey by Thomas A. Neff, Registered Surveyor, dated l Ugast 27, 1970, which survey is incorporated herein by roforence, as follows SWIMING at a stake on tho South side of a 12 foot wide right of way as set forth ou the aforeii ntioned survey; thence by othor lands now or formerly of G. Lean Cor=wn, North 7 degrees 12 Wnutes Bast 133,33 feet to a post; thence by the same, worth 77 dw3rees 49 minutes 40 mecca" Bast 10.05 Peet to a stake; thence by the same, Iforth 12 degrees 14 minUtea 40 seconds Bast 37.84 teat to a post; thence by the same, North 82 degrees 30 minutes 24 seconds Seat 91.00 facet to a!L stake, thence by the same, South 31 degrees 5 minu.tae 20 seconds east 205.64 feet to a stake 30 feet forth of the center line *f Pean Cez= 1. R+ailt+0ed; thence by the said Penn Central Railroad, South- 76 degrees 15 minutes 40 seconds West 180.00 feet to s stake; thence by lands now or formerly of G. lam Cornman, North 4 degrees 10 minutes West 66.30 test to a stake on the southerly lute of the Afwasaid 13 foot right of way; thence by the aame, South 73 degrees 20 minutes Bast 16.00 feet to a stake, the place of eBGT&NING. Ct)1'P77.1 M 30,0!' 2.75 square feet, TOG R WITH a 12 foot wide right of gray from the abmm described premixes t* Legislative Route 21004 am shown on a survey rtcOrded in Cumberland COUnty Deed Book V, Volume 23, Page 934, File #: 208888 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: ?IZLO Atto Ay r Plaintiff joSH oA- T, Gr?cPn'1fr,? 11) *1 2us-C*q File #: 208888 FILED--olTICE OF THE )TApy 2009 JUN 16 (i 10: 0 6 .f WV ,df l?? oPG72c/ Sheriffs Office of Cumberland County R Thomas Kline ?r+?u ri cal"brrr00 Sheri Ronny R Anderson Chief Deputy OFFICE T T,` &t--ERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant BAC Home Loans Servicing, L.P. vs. Richard A. Notz, Jr. Case Number 2009-4034 SHERIFF'S RETURN OF SERVICE 06/19/2009 08:38 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2009 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Judy G. Notz, Jr., by making known unto Judy G. Notz personally, at 231 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania, 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/19/2009 08:38 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2009 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard A. Notz, Jr., by making known unto Judy G. Notz, wife of defendant, at 231 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania, 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 SO ANSWERS, June 22, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff C-1 C-3 i DO ry l CD _ O Phelan Hallinan &Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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 BAC HOME LOANS SERVICING, L.P., F/K/A Court of Common Pleas COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division Plaintiff v. CUMBERLAND County RICHARD A. NOTZ, JR JUDY G. NOTZ No. CIVIL-09-4034 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the October 26, 2009 Rule was sent to the following individual on the date indicated below. RICHARD A. NOTZ, JR JUDY G. NOTZ 231 KERRSVILLE ROAD CARLISLE, PA 17015-9410 Phelan Hallinan & Schmieg, LLP / ,',, DATE: ~ By: ~C~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis 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 ATTORNEY FOR PLAINTIFF ~*'~:: ,,. ;,• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BAC HOME LOANS SERVICING, L.P., F/K/A Court of Common Pleas COUNTRYWIDE HOME LOANS SERVICING, L p Civil Division Plaintiff ~. : CUMBERLAND County RICHARD A. NOTZ, JR : JUDY G. NOTZ No. CIVIL-09-4034 Defendants : RULE AND NOW, this day of ~ 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~~ ~ -~~i Rule Returnable ~n +h_~ ~-~~- 2009 at ~-~ `~ 1 ~6~it~ 11~"IZ. ~ ~ i! S~'~ Win., ~~~~ f~' ~ __ wl ii.iY >• J 5.14,. '. Y": ., ~.._H3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson ,:-_~- -, ,,-~,~,., Sheriff " ' ' ~t'~ltr a ct,~r]r,`~p~ JodySSmith ~'`~ r,,d ~~~3~;~ -~ ~f~F;(~ Chief Deputy ,,, . Edward L Schorpp '~~- ~- -' "~• ~"~, Solicitor ~r~ ~ 1 ~ ' _'„ BAC Home Loans Servicing, L.P. vs. Richard A. Notz, Jr. Case Number 2009-4034 SHERIFF'S RETURN OF SERVICE 10/01/2009 11:23 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1119 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 Richard A. Notz & Judy G. Notz, located at 231 Kerrsville Road Carilsle, Cumberland County, Pennsylvania according to law. 10/01/2009 11:23 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1119 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: Richard A. Notz, Jr., by making known unto, Megan Notz, adult in charge, at 231 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/01/2009 11:23 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-01-09 at 1119 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: Judy G. Notz, Jr., by making known unto, Megan Notz, adult in charge, at 231 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/01/2009 Property sale postponed to 2/3/2010. 01/29/2010 Property sale cancelled on 1/29/2010 01/29/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg. SHERIFF COST: $889.44 SO ANSWERS, January 29, 2010 NY R ANDERSON, SHERIFF . ' Geun, Sit -- ,re, if 7 .. ,,,~fP_ U;c. ~ ~ ~ D cv s 7 ~ ~ lr ~~t}3~ ~ ~ BAC HOME LOANS SERVICING, L.P., F/K/A C'OUN ~RYWI~E HOME LOANS SERVICING, L.P. ~( ~ ~ Plaintiff, v. RICHARD A. NOTZ, JR. JUDY G. NOTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4034 AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING L P F/K/A COUNTRYWIDE HOME LOANS SERVICING L.P. ,Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 231 KERRSVILLE ROAD CARLISLE PA 17015-9410 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) RICHARD A. NOTZ, JR. JUDY G. NOTZ 231 KERRSVILLE ROAD CARLISLE, PA 17015-9410 231 KERRSVILLE ROAD CARLISLE, PA 17015-9410 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) DISCOVER BANK 6500 NEW ALBANY ROAD NEW ALBANY, PA 43054 DISCOVER BANK 1400 KOPPERS BUILDING C/O: JAMES C. WARMBRODT, ESQUIRE 436 SEVENTH AVENUE PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 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 itteresY may be affected by the sale. -Name Address (if address cannot be reasonably None ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/0ccupant Domestic Relations of Cumberland County 231 KERRSVILLE ROAD CARLISLE, PA 17015-9410 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 o auth rities. August 21, 2009 DATE ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ F ncis 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 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, v. RICHARD A. NOTZ, JR. .- JUDY G. NOTZ CUMBERLAND COUNTY No. CIVIL-09-4034 Defendant(s). August 21, 2009 TO: RICHARD A. NOTZ, JR. JUDY G. NOTZ 231 KERRSVILLE ROAD 231 KERRSVILLE ROAD CARLISLE, PA 17015-9410 CARLISLE, PA 17015-9410 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TD COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 231 KERRSVILLE ROAD, CARLISLE, PA 17015-9410, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9.2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 575,246.57 obtained by BAC HOME LOANS SERVICING. L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215 563- 7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain survey by Thomas A. Neff, Registered Surveyor, dated August 27, 1970, which survey is incorporated herein by reference, as follows: BEGINNING at a stake on the South side of a 12 foot wide right of way as set forth on the aforementioned survey; thence by lands now or formerly of G. Leon Cornman and Katherine E. Cornman, husband and wife, North 7 degrees 12 minutes East 133.33 feet to a post; thence by the same, North 77 degrees 49 minutes 40 seconds East 10.05 feet to a stake; thence by the same, North 12 degrees 14 minutes 40 seconds east 37.84 feet to a post; thence by the same, North 82 degrees 30 minutes 20 seconds East 91.00 feet to a stake; thence by the same, South 11 degrees 5 minutes 20 seconds East 205.64 feet to a stake 30 feet North of the center line of Penn Central Railroad; thence by the said Penn Central Railroad, South 76 degrees 15 minutes 40 seconds West 180.00 feet to a stake; thence by lands now or formerly of G. Leon Cornman and Katherine E. Cornman, husband and wife, North 4 degrees 10 minutes West 66.30 feet to a stake on the Southerly line of the aforesaid 12 foot right of way; thence by the same, South 73 degrees 20 minutes East 16.00 feet to a stake; the Place of BEGINNING. TOGETHER with a 12 foot wide right of way from the above described premise to Legislative Route 21004 as shown on a survey recorded in Cumberland County Deed Book V, Volume 23, Page 934. CONTAINING 30,072.75 square feet. Vested by Special Warranty Deed, dated 01/11/1996, given by David L. Boldosser and Alma E. Boldosser, husband & wife to Richard A. Notz, Jr. and Judy G. Notz, husband and wife, as tenants by the entireties and recorded 1/16/1996 in Book 133 Page 1045 Instrument # 1996-000802. PREMISES BEING: 231 KERRSVILLE ROAD, CARLISLE, PA 17015-9410 PARCEL NO. 46-08-0585-003 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH O>~ PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4034 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From RICHARD A. NOTZ, JR and JUDY G. NOTZ (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 $75,246.57 L.L. $.50 Interest from 7/25/09 - 12/9/09 (perdiem - $12.54) -- $1,730.52 Atty's Comm % Due Prothy $2.00 Atty Paid $168.40 Plaintiff Paid Date: 8/25/09 (Seal) Other Costs Curtis R. Lon onot By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 Deputy Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Nest Pennsboro, Cumberland County, PA mown and numbered as 231 Kerrsville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 By: ~~~ ~~~ ~~ Real Estate Coordinator ~~ ~, ~~ ,, ;.~ ,~, t PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SVVt~RN TO AND SUBSC'~IBED before me this 6 day of November. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ lro. 3009-4034 Civll BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. vs. Richard A. Notz, Jr. Judy G. Notz Atty: Daniel Schmieg ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a cer- tain survey by Thomas A. Neff, Reg- istered Surveyor, dated August 27, 1970, which survey is incorporated herein by reference, as follows: BEGINNING at a stake on the South side of a 12 foot wide right of way as set forth on the aforemen- tioned survey; thence by lands now or formerly of G. Leon Cornman and Katherine E. Cornman, husband and rife, North 7 degrees 12 minutes East 133.33 feet to a post; thence by the same, North 77 degrees 49 minutes 40 seconds East 10.05 feet to a stake; thence by the same, North 12 degrees 14 minutes 40 seconds east 37.84 feet to a post; thence by the same, North 82 degrees 30 min- utes 20 seconds East 91.00 feet to a stake; thence by the same, South 11 degrees 5 minutes 20 seconds East 205.64 feet to a stake 30 feet North of the center line of Perm Central Railroad; thence by the said Penn Central Railroad, South 76 degrees 15 minutes 40 seconds West 180.00 feet to a stake; thence by lands now or formerly of G. Leon Cornman and Katherine E. Cornman, husband and wife, North 4 degrees 10 min- utes West 66.30 feet to a stake on the Southerly line of the aforesaid 12 foot right of way; thence by the same, South 73 degrees 20 minutes East 16.00 feet to a stake; the Place of BEGINNING. TOGETHER with a 12 foot wide right of way from the above described premise to Legislative Route 21004 as shown on a survey recorded in Cumberland County Deed Book V, Volume 23, Page 934. CONTAINING 30,072.75 square feet. Vested by Special Warranty Deed, dated O 1 / 11 / 1996, given by David L. Boldosser and Alma E. Boldosser, husband & wife to Richard A. Notz, Jr. and Judy G. Notz, husband and wife, as tenants by the entireties and recorded 1 / 16/ 1996 in Book 133 Page 1045 Instrument # 1996- 000802. PREMISES BEING: 231 KERRS- VILLE ROAD, CARLISLE, PA 17015- 9410. PARCEL NO. 46-08-0585-003. She Patriot-News Co. 812 ilAarke# St. Harrisburg, PA 17101 Inquiries - 717-255-8213 ~be~latriot Neu-s Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. rPUBLICATION COPY This ad ran on the date(s) shown below: 10123/09 10/30/09 Sworn to a subscribed before me;thisl'6 d ovember, 2009 A. D. ~' ~ j / , '~ .~ ~1-i__. ..L 1: ~.. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherne L. itisner, Notary Public City Of Nanisuurq; Dauphin County ~ Commission Expires Nov. 26, 2011 Member, I'ennsyl~ania Assooiation of Notaries 11/06/09 dWrit No. 2G0i-~O34t CNII Term BAC Home Loans Servicing, L.P., F/KJA Countrywide Horns Loans Servicing, L.P. ~,; Vs ,Richard A. Notz, Jr. Judy G. Notz ' Arty, Daniel Schmleg , ALL THAT CERTAIN tract of land with the buildings and .improvements- thereon erected situate in West Pennsboro Township, Cumberland Countq, Pennsylvania, bounded and described in accedence with a certain survey by Thomas A: Neff, Registered Surveyor, dated August 27, 1470, which survey is incorporated herein. by t4ference, as follows: BEGINNWG at a stake on the South side of a 12 foot wide right of way as set forth on the aforementioned survey; thence by lands now or formerly of G. Leon Cowman and Katherine E. Cowman, husband a~ wife, North 7 degrees 12 minutes East 133.33 feet ro a post; thence by the same, North 17 degrees 49 minutes 40 seconds East 1fl.05 feet ro a stake; thence by the same, North 12. degrees 14 minutes 40 seconds east 37.84 feet ro' a post;. thenco by the same, North 82 degrees 30 minutes 20 seconds East 91.00 feet ro a stake; thentx by the same, South 11 degrees 5 minutes 20 seconds East 205.64 feet to a stake 30' feet North of ~ the center line of Penn Cemrat Railroad; thence by the said Penn Central Railroad, South 76 degrees 15 minutes 40 seconds West 180.00 fat to a stake; thence by lands now or formerly of G., Leon Cowman and Katherine E. Cornman, husband and wife, North 4 degrees 10 minutes West 66.30 feet ro a stake on the Southerly line of the aforesaid 12 foot right of way;, thence by the same, South 73 degrees. 20 minutes EFaelst 16.00 feet to a stake; the Place of B~GtNNING. TOGETHER with a 12 foot .wide-right of way from the above desctibed'premise to Legislative Route 21004 as shown on a survey recorded in Cumtierlaad County Dad Book V, Volume 23, Page934; CONTAINING 3Q072.75 square fat: Vested by Special Warranty' Decd, dated 01/111 1496, given by David I, Boldosser and Alma E. Boldosser, husband & wife to Richard A. Note, Jr. and Judy G. Katz, husband and wife, as tenants by the entireties and ta:orded 1/16/;1996 in Book 133 Page 1045 Instnunent # ll996- 000802. PREMISES .BEING: 231 KERRSVIl.LE ROAD, CARLISLE, PA 17015-9410 PARCEL NO. 46-08-0585-003