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Home My WebLink About09-41910i 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 vVivek 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 205489 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. BARRY NORRELL, JR CRYSTAL NORRELL 30 SWARTZ ROAD NEWBURG, PA 17240-9130 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C" K 1 NO. 0- t1111 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 205499 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 #: 205489 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: BARRY NORRELL, JR CRYSTAL NORRELL 30 SWARTZ ROAD NEWBURG, PA 17240-9130 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/21/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AEGIS WHOLESALE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1984, Page 0782. By Assignment of Mortgage recorded 06/01/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Document ID 200918030. 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 #: 205489 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 $130,900.00 Interest $3,504.00 12/01/2008 through 06/18/2009 (Per Diem $17.52) Attorney's Fees $1,325.00 Cumulative Late Charges $123.96 02/21/2007 to 04/29/2009 Cost of Suit and Title Search 750.00 Subtotal $136,602.96 Escrow Credit $0.00 Deficit $1,916.69 Subtotal $1,916.69 TOTAL $138,519.65 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in 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 #: 205489 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. File #: 205489 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $138,519.65, together with interest from 06/18/2009 at the rate of $17.52 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 LLINAN & SCHMIEG, LLP By: Lawren . 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 Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 205489 LEGAL DESCRIPTION All that certain tract of land with the improvements thereon situate in the Township of Upper Mifflin, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a spike in the centerline of Township Road No. T-500, on the line of Lot No. 2 on the hereinafter mentioned plan of lots; thence along the latter, South 51 degrees 00 minutes 00 seconds West, a distance of 153.40 feet to an iron pin on the line of land now or formerly of William Mitchell; thence along the latter, North 27 degrees 49 minutes 10 seconds West, a distance of 358.80 feet to an iron pin; thence along the same, North 52 degrees 36 minutes 30 seconds East, a distance of 84.00 feet to a spike in the centerline of said road; thence along the latter, South 39 degrees 00 minutes 00 seconds East, a distance of 349.36 feet to a spike, the place of beginning. CONTAINING 0.956 acres according to a Final Subdivision Plan for Guy W. Etter, by Wilbur H. Clifton, R.S., dated November 15, 1982 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 42, Page 121, and BEING designated as Lot No. 3 thereon. THE ABOVE DESCRIBED REAL ESTATE is the same real estate which Rodney E. Fraker and Bonnie L. Fraker, husband and wife, by their deed dated December 3, 2004 and recorded December 7, 2004 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 266, Page 3000, conveyed to Gary S. Fohringer, single man, Grantor herein. PARCEL NO. 44-06-0041-089 ADDRESS: 30 SWARTZ ROAD File #: 205489 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 unswom falsifications to authorities DATE: 0 ,xz"- l°z-2? / Attorney for Plaintiff File #: 205489 RLD r ?rT}? e1wRY 'r "T 2009 ,I 22 #. ll?f I ?v j4y /?tf? a ac, y?9 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Sheriffs Office of Cumberland Counp, BAC Home Loans Servicing, L.P. vs. Barry Norrell, Jr. 06/27/2009 06/27/2009 SHERIFF COST: $72.80 SO ANSWERS, June 29, 2009 ? C .at .sj R -THOMAS KLIN E, SHERIFF Depu y Sheriff n ti ? t _ r r -- - -+ 7 _ * C- r? ??tttt?+, of ? ara?rtr??,f?,f? Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant Case Number 2009-4191 SHERIFF'S RETURN OF SERVICE 10:10 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 27, 2009 at 1010 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Crystal Norrell, by making known unto Barry Norrell, husband of defendan- at 83 W. Main Street Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. 10:10 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 27, 2009 at 1010 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Barry Norrell, Jr., by making known unto himself personally, defendant at 83 W. Main Street Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. ` 3 :-I~ r ~.~~ ~ ~ ~~ ,~ JAN 2 7 2010 ., ~ ,_. ;~ 20l~ J~~ ~~ ~ ','~ 3~ 01 ~ a ;.. . -~.,, u~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. BARRY NORRELL, JR CRYSTAL NORRELL Defendants Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-4191 RULE AND NOW, this ~ day o 010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. {~ /y~ ~ Rule Returnable on the v da of /' ` ~~• Y 2010, at ~ . m t~-~viarti ~3 Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania YT T J. I a. Nd~.~.c..~ ~ f ~,8~~d ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/K/A CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, COURT OF COMMON PLEAS v CIVIL DIVISION ~ _°~_. BARRY NORRELL, JR No. CIVIL-09-4191 Y ~ ~','~ ` o ~ ~ ~ CRYSTAL NORRELL ~ ~~ r' Defendant(s) ~ ~_. , c.n ~~ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~. ~~^> ~ -~ COMMONWEALTH OF PENNSYLVANIA ) .~ N cs CUMBERLAND COUNTY ) SS: ~' ~ As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: ~i~( ~~Q ~~ ~~~~__ ^ 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 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 205489 0 0 ~_ .~ J O W ~ 2 ~~ U~~ °~ ~ o Q ~rn Z ~~ N J ~a QU,c_v = cs Z ~- ~a-a w u, .co a=..Oa r '~ a. d ~°~c ZQO s o ~ s ~ 3o0~ d iz wo °' y 6002 ZO.Z~ a~ a~ivw 3SZLLZb0 ~ ~ a ` m °' o9Z' ~0 $ 00 w~ zo ! ~ ~ W 3 SOH A3PItly ®~~ ~®~ C . C O C C E °o H 2 a 'm > 0 N , E ~~ C7 ~ X5 ~~ n~ai r~~o~ id N F C C N >. E rn $ ~ O d ~Ev~ E~ c o 0 ~~~~o= N ~ O O A Of~ ~ N ~yEt9_ l0 N d Vl O d~ O X F- mW ~rn ~~ Ea~ ~ ??v ~ n~ E~ y'm ~ ~ am ` w a i AEyCVI aNi~a~ °o E~°o ~~ ~ ~o~m m ° i m n ~ °~" o d~ °L ~ - d ~~`° •~cEo°~ U ~ O O ~ N ~o~~~;;yE ~ ~ ~n ~ ~ ~ N N N ° ` ~ C N yy a ~ N U ~ w ~ c c '. ~ Q O t N .O O O C F'- Z - °' °o °' - ~~OEo m ° ~ ~ H ~ O .c ~ n ~ a F ntn~ o U 'C p Z .~ ~ a ~ °~' w ° O ~ N O U a a ~ c ~~ A ~ ~ C N a ° w ,F; W w z ~ z "' a 0 2 to °' o, ° ~ z ~ ~ ~~ M ww tz., [~aial o_ ~ `~ ~ a ~'`~_ ~~ ~. a.. w 3 ~ ~ N ~ p.. d~ V~a Qq~qO~ FO o¢., ~ 1 ~5~ ~ Q 7 _UNC ~Z~a U,¢~ ~,~C7 ~ ~~ ~ ~ ~o ~ ay o O ~ ~ p E"~a 3 zv3i ri W~~ ~~z~ O X~ ~a;~~ ~ ~ Z> ~ . Z W ~° O A ~ ¢ ~Aa °~ z U U U x ~~ m ~ ~ ~ O Z J v ~~ ~ ` ~ Q O '° ~ Q mZ N ~~ j J Z tll J r N C+7 ~ In CO I~ DO ~ ~ r r r r r ~ O U O Z Q J ~/ IL w ~_ V ~ d `, f '~~ FILCp-~~~==;~~ ~,F 7 ,~ .~ 2DtO FEt3 -9 PPS 3:03 . ,~.~~ ~~, , ~~~~U,'~11`Y PEt ~,"i~':i`r'Lil~"~i~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 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 COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. BARRY NORRELL, JR CRYSTAL NORRELL Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-4191 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 28, 2010 Rule was sent to the following individual on the date indicated below. BARRY NORRELL, JR BARRY NORRELL, JR CRYSTAL NORRELL CRYSTAL NORRELL 83 W. MAIN STREET 30 SWARTZ ROAD NEWVILLE, PA 17241 NEWBURG, PA 17240-9130 P elan allinan & Schmieg, LLP DATE: ~ f O B ; Y U Lawrence T. Phelan, Esq.',. Id<3Go. 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 ^ Sh tal R. Shah-Jani, Esq., Id. No. 81760 enine 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 .• SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~a~:'~tSS of ~ii~iaE~rr,, ~ t7 ~_~~.:~ ~! i t-~' ,.- ?f ~ , ~ . - ~"r2Y "_ . , 2ij:li M,~Y 24 ,~°~~ i i ~ 51 CUi,`k_ J~~~Y. BAC Home Loans Servicing, L.P. vs. Case Number Barry Norrell, Jr. (et al.) 2009-4191 SHERIFF'S RETURN OF SERVICE 12/28/2009 12:41 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1240 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 Barry Norrell, Jr. & Crystal) Norrell, located at, 30 Swartz Road, Newburg, Cumberland County, Pennsylvania according to law. 01/05/2010 09:17 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on january 5, 2010 at 2115 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: Barry Norrell, Jr., by making known unto, Barry Norrell, Jr., personally, at, 83 West Main Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 01/05/2010 09:17 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on january 5, 2010 at 2115 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: Crystal Norrell, by making known unto, Barry Norrell, Jr., husband of defendant, at, 83 West Main Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/03/2010 Property sale postponed to 5/5/2010. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of Federal Home Loan Mortgage Corporation, 8200 Jones Branch Drive, Mail Stop 202, McLean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 841.42 SHERIFF COST: $841.42 SO ANSWERS, May 21, 2010 RON R ANDERSON, SHERIFF l'.~a ~at ~7L~L? i ~ ~~~~ ~~~~~/S` BAC HOME LOANS SERVICING, L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE DOME-LOANS . SERVICING, L.P. CIVIL DIVISION Plaintiff, NO. CIVIL-09-4191 v. CUMBERLAND COUNTY BARRY NORRELL, JR. ' CRYSTAL NORRELL Defendant(s). 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 30 SWARTZ ROAD, NEWBURG, PA 17240-9130 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) BARRY NORRELL, JR. CRYSTAL NORRELL 83 W. MAIN STREET NEWVILLE, PA 17241 83 W. MAIN STREET NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: BARRY NORRELL, JR. 83 W. MAIN STREET NEWVILLE, PA 17241 CRYSTAL NORRELL 83 W. MAIN STREET NEWVILLE, PA 17241 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) None 5. Name and address of every other person who has any record lien on the property: Name None Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Address (if address cannot be reasonably ascertained, please indicate) 30 SWARTZ ROAD NEWBURG, PA 17240-9130 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 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 falsificati to authorities. September 29, 2009 DATE ^ 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 B~Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff BAC HOME LOANS SERVICING, L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, v. BARRY NORRELL, JR. CRYSTAL NORRELL Defendant(s). September 29, 2009 CIVIL DIVISION NO. CIVIL-09-4191 CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: BARRY NORRELL, JR. 83 W. MAIN STREET NEWVILLE, PA 17241 CRYSTAL NORRELL 83 W. MAIN STREET NEWVILLE, PA 17241 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 30 SWARTZ ROAD, NEWBURG, PA 17240-9130, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,640.93 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: X215) 563-7000 ex-1230. 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 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-4191 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. BARRY NORRELL, JR. CRYSTAL NORRELL Owner(s) of property situate in the ,Cumberland County, Pennsylvania, being (Municipality) 30 SWARTZ ROAD, NEWBURG PA 17240-9130 Parcel No. 44-06-0041-089 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $139,640.93 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon situate in the Township of Upper Mifflin, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a spike in the centerline of Township Road No. T-500, on the line of Lot No. 2 on the hereinafter mentioned plan of lots; thence along the latter, South 51 degrees 00 minutes 00 seconds West, a distance of 153.40 feet to an iron pin on the line of land now or formerly of William Mitchell; thence along the latter, North 27 degrees 49 minutes 10 seconds West, a distance of 358.50 feet to an iron pin; thence along the same, North 52 degrees 36 minutes 30 seconds East, a distance of 84.00 feet to a spike in the centerline of said road; thence along the latter, South 39 degrees 00 minutes 00 seconds East, a distance of 349.36 feet to a spike, the place of beginning. CONTAINING 0.956 acres according to a Final Subdivision Plan for Guy W. Etter, by Wilbur H. Clifton, R.S., dated November 15, 1982 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 42, Page 121, and BEING designated as Lot No. 3 thereon. SUBJECT TO all existing rights of way, conditions, easements, restrictions, rights, agreements, notes and other matters of record to the extent valid and enforceable and still applicable to the above-described premises. TITLE TO SAID PREMISES IS VESTED IN Barry Norrell, Jr. and Crystal Norrell, his wife, by Deed from Gary S. Fohringer, single man, dated 02/21/2007, recorded 03/05/2007 in Book 278, Page 4994. PREMISES BEING: 30 SWARTZ ROAD, NEWBURG, PA 17240-9130 PARCEL NO. 44-06-0041-089 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF~PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4191 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P. f/k/a COUNTRYWIDE HOME LOANS, Plaintiff (s) From BARRY NORRELL, JR. and CRYSTAL NORRELL (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 $139,640.93 L.L.$.50 Interest from 8/22/09 - 3/03/10 (per diem - $22.95) -- $4,452.30 Atty's Comm % Due Prothy $2.00 Atty Paid $191.80 Plaintiff Paid Date: 10/Ol /09 (Seal) REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Other Costs urtis R. Lon roth no ary By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 208375 On October 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, PA, Known and numbered as 30 Swartz Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 9, 2009 By: I ~.L~~~' Real sta~oordina or /~; ~ ~~ ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. -vs- Barry Norrell, Jr., and Christal Norrell No. 2009-4191 ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION SALE BAC Home Loans Servicing, L.P., f a Countrywide Home Loans ServicingLL_P. hereinafter called Assignor, for and in consideration of the sum of $1,129.92, receipt of which is hereby acknowledge do(es) hereby sell, assign, transfer and set over unto FEDERAL HOME LOAN MORTGAGE CORPORATION. all of its right, title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on May 5, 2010, in the above captioned proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set its hand and seal, this 6`~' day of May 2010 intending thereby to be legally bound. ~-~ ~} - (SEAL) Nora M. Ferr COMMONWEALTH QF PENNSYLVANIA NOtAR1Al SERI I NORA M. FERRER, Notary Publ~ (I CRtr of Ph~adelphia, Phila. County Commission Expires November 22, 2013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22 January 29 and February 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-4191 Civil BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P vs. Barry Norrell, Jr. Crystal Norrell Atty: Daniel Schmieg By virtue of a Writ of Execution No. CIVIL-09-4191, BAC HOME LOANS SERVICING, L.P. F/KIA COUNTRY- WIDE HOME LOANS SERVICING, L. P. vs. BARRY NORRELL, JR., CRYSTAL NORRELL, Owner(s) of property situate in the, Cumber- land County, Permsylvania, being (Municipality) 30 SWARTZ ROAD. NEWBURG, PA 17240-9 130. Parcel No. 44-06-0041-089. (Acreage or street address) Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $139,640- .93. PROPERTY ADDRESS: 30 Swartz Road, Newburg, PA 17240. c lsa Marie oyne, Edi r SWORN TO AND SUBSCRIBED before me this 5 day of February 2010 ~, r" ~, ,~ Notary / -- NU i;~,RIAL SEAL GEEC?Rf~H A COL! INS Nolc.ry Public CARLISLE 60R0, CUMBEftLa.ND COU~;N P~9y Commission expires T,pr 26, 2010 _ The Pat~rit~t-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: ocket Number: 2009-4191' 01 /22110 Civil Term 01 /29/10 B Home Loans Servicing, L.P. F/ A Countrywide Home Loans 02/05/10 Servicing, I,.P ~ `' ~ r ~ - n vs. Barry Nornll, Jr, ~! ~~~ ~'~~~ --_ A ban~teit ~ ~ .. ............. .......... BY• _ 3Ghmteg, •' By virtue of a Writ of Execution No. CIVIL-09`- Sworn t0 a ub~scribed before a th' 24 f February, 2010 A.D. a191 BAC HOME LOANS SERVICING, L.P. FlKIA `~,, COUNTRYWIbE HOME LOANS '~ ~~~= j C'J ~ ti_k•~>~ "`'~_ SERVICING, ,. ~-~~,_ L.P. Notary Public vs. BARRY NORRELL, JR. CRYSTAL NORRELL Owner(s) of property situate in the, Cumberland,, County, Permsylvania, being (Municipality) COMMONWEALTH OF PENNSYLVANIA 30 SWARTZ ROAD. NEWBURG, PA 17240-~ 130 ~~ Notarial Seal Parcel No. 44-06-0041-089 'r Sher-ie L Kisser, Notary Public (Acreage or street address) ~ City Of i~arriiburg, Dauphin County Improvements thereon: RESIDENTIAL My Commission Expires Noy, 26, 2011 DWELLING ~ ~ Member, Pennsylvania Association of Notaries JUDGMENT AMOUNT: $139,ti40.93 PROPERTY ADDRESS: 30 SwaRz Road.' Newburg, PA 17240 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 5TH day of MAY A.D., 2010, under and by virtue of a writ Execution issued on the 1ST day of OCT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4191, at the suit of BAC HOME LOANS SERV L P against BARRY NORRELL JR & CRYSTAL is duly recorded as Instrument Number 201013350. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. ~ l~_ of Deeds Reoprder of Duds, Glmiberiand Cater, Cerflsle, PA My Caim~on E~ires the F.st Monday aF,i~. 2ot4