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HomeMy WebLinkAbout09-4541Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ?Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 207642 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. _ lose// CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207642 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 AB66T AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE kRSONS 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 #: 207642 I. 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: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/22/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. dba AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1993, Page 3777. 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 207642 6. The following amounts are due on the mortgage: Principal Balance $237,157.59 Interest $10,590.44 12/01/2008 through 07/06/2009 (Per Diem $48.58) Attorney's Fees $1,300.00 Cumulative Late Charges $415.80 05/22/2007 to 07/06/2009 Cost of Suit and Title Search 750.00 Subtotal $250,213.83 Escrow Credit ($262.16) Deficit $0.00 Subtotal 262.16 TOTAL $249,951.67 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 #: 207642 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 1.983, 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. H. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an ip;re n.? udgment against the Defendant(s) in the sum of $249,951.67, together with interest,from 07/06/,2009 at the rate of $48.58 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 2 rp?? 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 Iaime McGui ess, Esquire ChrisovallariteP. fliakos, Esquire Joshua I. Goldman, Esquire Courtena} R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 207642 t LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:- BEGINNING at the northwestern corner of Maple Streaand the first alley south of Haldeman Boulevard, being 144 feet south of Haldeman by the western line of Maple Street; thence south fifty-two (52) degrees west along the line of an alley twenty (20) feet wide, one hundred and twenty-five (125) feet to a point; thence north thirty-eight (38) degrees west nineteen (19) feet to a point; thence north seven (7) degrees east along the line of Lot No. 8, Section 'B' of the hereinafter mentioned Plan of Lots, forty-nine and forty-nine one-hundredths (49.49) feet to a point; thence north fifty-two (52) degrees east ninety (90) feet to Maple Street; thence south thirty-eight (38) degrees east along the western line of Maple Street, fifty- four (54) feet to the Place of BEGINNING. BEING Lot No. 10, Section 'B', as shown on the Control Plan of Cumberland Manor, prepared by Black and Black, and dated November 1930, which Plan is recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No.272, Page3259, and being parts of Lots Nos. 59 and 60 of Section 2, of the Plan of Cumberland Manor, said Plan being recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 2, Page 73. For further reference see Plan of Section No. 3 of Cumberland Manor recorded in Plan Book 3, Page 54. HAVING THEREON ERECTED a two story brick dwelling house and two-car brick garage, being known as Number 1714 Maple Street, New Cumberland, Pennsylvania. PARCEL NO: 26-23-0543-307 PROPERTY ADDRESS: 1714 MAPLE STREET File #: 207642 f 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. F Z Attorney for Plaintiff DATE: File #: 207642 PLED- )i RCIE: (91 OF THE PP Tu 2009 JUL -8 AM 18: 41 ,+ z S251 oeee' , a-lgf? Sheriffs Office of Cumberland County R Thomas Kline i f ?c 1 f-!r ? , F ? ; ?,r? Sheriff Ronny R Anderson S? " ?11U3 ?.J (.? ? Y ( v J Chief Deputy r Jody S Smith Civil Process Sergeant OFF;cE OP ThE "ERIFF Edward L Schorpp Solicitor BAC Home Loans Servicing, LP Case Number vs. Timothy F. Straub 2009-4541 SHERIFF'S RETURN OF SERVICE 07/10/2009 03:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2009 at 1500 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Calvin W. Williams, III, by making known unto Timothy F. Straub, adult in charge at 157 S. 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/10/2009 03:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2009 at 1500 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy F. Straub, by making known unto himself personally, defendant at 157 S. 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $59.30 July 13, 2009 SO ANSWERS, ?00?: R THOMAS KLINE, SHERIFF De uty Sheriff . 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 Attorney for Plaintiff 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. CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III : CIVIL DIVISION : No. 09-4541-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TIMOTHY F. STRAUB, and CALVIN W. WILLIAMS, III, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $249,951.67 Interest - 07/07/2009 to 08/17/2009 $2,040.36 B --,f/ -- LT. helan, Esq. Id. No. 32227 FrH linan, E ., Id. No. 62695 D Sci g, sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 A'shua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: l 8 OU 9 Pxs # 207642 PROTHONOTAR TOTAL $251,992.03 I hereby certify that (1) the Defendants' last known address is 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102, and (2) that notice has been given in accordance with Rule 237.1, copy attached. / i n . , OF THE Pk"! ;. , !!NARY 2009 AUG 18 PM 12: 14 ojUNTY PEN?N9L, "IIA Cat ,2Q g3yv +( M (Rule of Civil Procedure No. 236) - Revised BAC HOME LOANS SERVICING, L.P., CUMBERLAND COUNTY F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS VS. CIVIL DIVISION TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III No. 09-4541-CIVIL 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 Notice is given that a Judgment in the above captioned matter has been entered against you on ? S ?.d? `?• By: ell T1F.?" If you have any questions concerning this matter please contact. By. Lawre e T. P Ian, Esq., d. No. 32227 Fra s S. Hall an, Es . d. No. 62695 Daniel G. Schmieg, sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 /Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Brgmblett, Esq., Id No. 208375 Attorneys for Plaintiff * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 715-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P Plaintiff V. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s) TO: TIMOTHY F. STRAUB 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 DATE OF NOTICE: July 31, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-4541-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. PHS 4 207642 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 WI (717) 249-3166 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 Attorney for Plaintiff PHS 4 207642 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., ld. 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 ?.15-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s) TO: CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 DATE OF NOTICE: July 31, 2009 NO. 09-4541-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. PHS # 207642 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square rlisle, PA 17013 Carlisle, PA 17013 717) 249-3166 (717) 240-6195 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 V/ 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 PHS # 207642 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 Attorney for Plaintiff 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. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-4541-CIVIL TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III . ti VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TIMOTHY F. STRAUB is over 18 years of age and resides at 157 SOUTH 32ND STREET, CAMP HILL, PA 17011-5102. (c) that defendant CALVIN W. WILLIAMS, III is over 18 years of age and resides at 157 SOUTH 32ND STREET, CAMP HILL, PA 17011-5102. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? Vanc ence . Phel Esq., Id. No. 32227 ? isS. alli , 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 WRIT OF EXECUTION and/or AT" :1 CHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4541 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOAN: SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (i) From TIMOTHY F. STRAUB AND CALVIN W WILLIAMS, III (1) You are directed to levy upon the property of the defendan; 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$251,992.03 L.L.$.50 Interest FROM 08/18/2009 -12/09/2009 (PER DIEM - $41.42) - $4,721.88 Atty's Comm % Due Prothy $2.00 Atty Paid $178.30 Other Costs Plaintiff Paid Date: August 24, 2009 CdFi-s R. Long, Pr t ary (Seal) By: Deputy REQUESTING PARTY: Name SHEETAL R. SHAH-JANI, 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. 81760 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, No. 09-4541-CIVIL V. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $251,992.03 Interest from 08/18/2009-12/09/2009 $4,721.88 (per diem -$41.42 ) TOTAL $256,713.91 ? wrence T. Phelan, Es ., . No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J 0ith T. Romano, Esq., Id. No. 58745 6'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 Note: Please attach description of property. 207642 z ? 50 o w a ?w w Gw ?? w o o a p? w U? 4 U ? ?w 0 U a U ?O y- V1 ttJ C1 Cl1 M f f- ? ? cb e% ` w T 'OIL ?? D ? v N O h ..r O r a a o a N?O00 MMa r`O MNN??oo?MMp~pzO?N V N O pry V?1 OOMC ??O NN p zOhO?Ny?j?O O pb Gz. p y ^ d? F a W bb Zby oA?W wbW ^y c5'.6 yw riu? a, M P enowww ^w.? y a; sae ° 0:9 a .? oc ???????????????? 00,E Q w S 06. 1-1Z M <3 ? a 4 J 4 ? M N m- LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:- BEGINNING at the northwestern corner of Maple Street and the first alley south of Haldeman Boulevard, being 144 feet south of Haldeman by the western line of Maple Street; thence south fifty- two (52) degrees west along the line of an alley twenty (20) feet wide, one hundred and twenty-five (125) feet to a point; thence north thirty-eight (38) degrees west nineteen (19) feet to a point; thence north seven (7) degrees east along the line of Lot No. 8, Section 'B' of the hereinafter mentioned Plan of Lots, forty-nine and forty-nine one-hundredths (49.49) feet to a point; thence north fifty-two (52) degrees east ninety (90) feet to Maple Street; thence south thirty-eight (38) degrees east along the western line of Maple Street, fifty-four (54) feet to the Place of BEGINNING. BEING Lot No. 10, Section 'B', as shown on the Control Plan of Cumberland Manor, prepared by Black and Black, and dated November 1930, which Plan is recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No.272, Page3259, and being parts of Lots Nos. 59 and 60 of Section 2, of the Plan of Cumberland Manor, said Plan being recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 2, Page 73. For further reference see Plan of Section No. 3 of Cumberland Manor recorded in Plan Book 3, Page 54. HAVING THEREON ERECTED a two story brick dwelling house and two-car brick garage, being known as Number 1714 Maple Street, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Calvin W. Williams, III, married individual and Timothy F. Straub, married individual, by Deed from Heinz M. Lorenz and Liselotte Colby Lorenz, his wife, dated 12/30/2005, recorded 01/05/2006 in Book 272, Page 3259. PREMISES BEING: 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070-1252 PARCEL NO. 26-23-0543-307 PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A : COUNTRYWIDE HOME LOANS CUMBERLAND COUNTY SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s). NO. 09-4541-CIVIL CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. r1 A _ A , „ ? Lawrence T. Phelan, Es 4,, l d. No. 32227 ? Francis S. Hallinan, Esq., o. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 9"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 TARY 2009 AVG 24 AM 9: ?? BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, v L.P. Plaintiff, V. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-4541-CIVIL 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 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070-1252. 1. Name and address of Owner(s) or reputed Owner(s): Name TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Address (if address cannot be reasonably ascertained, please indicate) 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 2. Name and address of Defendant(s) in the judgment: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Address (if address cannot be reasonably ascertained, please indicate) 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 interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 1714 MAPLE STREET NEW CUMBERLAND, PA 17070-1252 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th 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 to authorities. August 21, 2009 DATE ? Lawrence T. Phelan, E ., 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 KAB>ieetal 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 R.?riuc P n,t,nrYMARY IH 2009 AUG 24 Ali 9: 58 PCvlvwY :r A BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, V. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s). CUMBERLAND COUNTY No. 09-4541-CIVIL August 21, 2009 TO: TIMOTHY F. STRAUB 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070- 1252, 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 $251,992.03 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 Courtto 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 Sheriffs 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 LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:- BEGINNING at the northwestern comer of Maple Street and the first alley south of Haldeman Boulevard, being 144 feet south of Haldeman by the western line of Maple Street; thence south fifty- two (52) degrees west along the line of an alley twenty (20) feet wide, one hundred and twenty-five (125) feet to a point; thence north thirty-eight (3 8) degrees west nineteen (19) feet to a point; thence north seven (7) degrees east along the line of Lot No. 8, Section 'B' of the hereinafter mentioned Plan of Lots, forty-nine and forty-nine one-hundredths (49.49) feet to a point; thence north fifty-two (52) degrees east ninety (90) feet to Maple Street; thence south thirty-eight (38) degrees east along the western line of Maple Street, fifty-four (54) feet to the Place of BEGINNING. BEING Lot No. 10, Section 'B', as shown on the Control Plan of Cumberland Manor, prepared by Black and Black, and dated November 1930, which Plan is recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No.272, Page3259, and being parts of Lots Nos. 59 and 60 of Section 2, of the Plan of Cumberland Manor, said Plan being recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 2, Page 73. For further reference see Plan of Section No. 3 of Cumberland Manor recorded in Plan Book 3, Page 54. HAVING THEREON ERECTED a two story brick dwelling house and two-car brick garage, being known as Number 1714 Maple Street, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Calvin W. Williams, III, married individual and Timothy F. Straub, married individual, by Deed from Heinz M. Lorenz and Liselotte Colby Lorenz, his wife, dated 12/30/2005, recorded 01/05/2006 in Book 272, Page 3259. PREMISES BEING: 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070-1252 PARCEL NO. 26-23-0543-307 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-4541-CIVIL BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070-1252 Parcel No. 26-23-0543-307 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 251,992.03 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FILED4i ?- OF THe P" i^"TART 2009 AUG 24 AM 9: 5s AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS No. 09-4541-CIVIL SERVICING, L.P. PHS #207642 DEFENDANT(S) TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Type of Action - Notice of Sheriffs Sale SERVE CALVIN W. WILLIAMS, III AT: 157 SOUTH 32ND STREET Sale Date: DECEMBER 9, 2009 CAMP HILL, PA 17011-5102 SERVED Served and made known to /? l A L V 1 M W. wt L L14M S , Defendant, on the 147 day of .?-Y W" aF4 r? IS7 Seu , 1' ?1LL 200 at o'clock k.m., at 7"1} ??N? Commonwealth of Pennsylvania, in the manner described below: r`T- N -'-? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. - - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Descrri?ptio?n:? Age ?S Height S Ib Weight ? Race w Sex P Other 1, ?COW44 4 MO Lt- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this I S r day Q NOTARY PUBLIC of SF-PTF.w66t 200. ?2""' STATE OF NEW JERSEY Notary ?LE? By: M Y COMMISSION LVMRES MAR CH 7, 2013 TTE ERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 18t Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of , 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 q?z,g- - 13 Af I-- AFFIDAVIT OF SERVICE PLAINTIFF BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. DEFENDANT(S) TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III SERVE TIMOTHY F. STRAUB AT: 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 SERVED CUMBERLAND COUNTY 1 No. 094541-CIVIL PHS #207642 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 9, 2009 Served and made known toTMpTo j F-- STRA9 . Defendannnt,, on-- the 1 S'r day of _ j6k 8gg200 r at o'clock A.m., at 57 s6u7E{ 31 N o S7?F?T? ?17tt A L?- , Commonwealth of Pennsylvania, in the manner described below:, ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is mF-? Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ?.? Other: , Description: Age -40r Height Weight 220 Race W Sex Other I, INt}t.D (?d t-?- , a competent adult, being duly sworn according to law,. depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. KIMBERLY CURTY Sworn to and subscribed NOTARY PUBLIC before me this II Sr day STATE OF NEW JERSEY of SrP7Fgh geA, 200_9. MY COMMISSION EXPIRES MARCH 7, 2013 N tary: By o PLEA ATE ERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2a' Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of 1200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?L 1?- 314' 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 CUMBERLAND County V. ; No. 09-4541 -CIVIL TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 8, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 18, 2009 in the amount of $251,992.03. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 9, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 9, 2009 Per Diem $47.92 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $237,157.59 $17,874.69 $249.48 $1,300.00 $913.50 $0.00 $45.00 $0.00 $0.00 $0.00 ($0.00) $1,534.24 TOTAL $259,074.50 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 16, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: lh?& Phelan Hallinan & Schmieg, LLP By: ?1. -,/j I /IPA /,-y -,-J L wrence T. Phelan, sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? ' el G. Schmieg, Esq., Id. No. 62205 ichele 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 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 ATTORNEY FOR PLAINTIFF 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. Court of Common Pleas Civil Division Plaintiff V. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendants CUMBERLAND County No. 09-4541-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1714 MAPLE STREET„ NEW CUMBERLAND, PA 17070-1252. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Com. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Feiner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ? La ence T. P elan, E'Vq-., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? F)aniel G. Schmieg, Esq., Id. No. 62205 EiNichele 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 Exhibit "A" OF I1 ? t? F.FIGE r,tRY 209 JUt -g AH 10: t? 1 CUM13, ,. 1 v?.e .ti (.l ??ll l 7 ?E?, df vS'1??? ?,,1y4uN r Y Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 . Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 207642 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?9g - 41SVI CUMBERLAND COUNTY TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET We hereby c*. CAMP HILL, PA 17011-5102 within to be S tr conw Defendants O ?yof MMd Md CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FLE GW! PLEASE RETURN File #: 207642 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 ABOtiJT 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 #: 207642 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: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 who is/are the mortgagor(s) and/or'real owner(s) of the property hereinafter described. 3. On 05/22/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. dba AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1993, Page 3777. 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. I019(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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File k: 207642 6. The following amounts are due on the mortgage: Principal Balance $237,157.59 Interest $10,590.44 12/01/2008 through 07/06/2009 (Per Diem $48.58) Attorney's Fees $1,300.00 Cumulative Late Charges $415.80 05/22/2007 to 07/06/2009 Cost of Suit and Title Search 750.00 Subtotal $250,213.83 Escrow Credit ($262.16) Deficit $0.00 Subtotal 262.16 TOTAL $249,951.67 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 onwork 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. 8. 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. C File #: 207642 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 1.983, 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. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an insem:ttudgment against the Defendant(s) in the sum of $249,951.67, together with interest,,from 07M612009 at the rate of $48.58 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 HALL:INAN & SCHMIEG, LLP By: 57.d t r -?..? Lawrence T. Phelan, Esquire )? ?Francis S. Hallinan, Esquire lb L rp9,3 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 a"e MCG innjj??gs?s, Esquire hrisovallff t?.'"Ikliakos, Esquire Joshua I. Goldman, Esquire Courten4 R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 207642 LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:- ; .I BEGINNING at the northwestern corner of Maple Street-and the first alley south of Haldeman Boulevard, being 144 feet south of Haldeman by the western line of Maple Street; thence south fifty-two (52) degrees west along the line of an alley twenty (20) feet wide, one hundred and twenty-five (125) feet to a point; thence north thirty-eight (38) degrees west nineteen (19) feet to a point; thence north seven (7) degrees east along the line of Lot No. 8, Section 'B' of the hereinafter mentioned Plan of Lots, forty-nine and forty-nine one-hundredths (49.49) feet to a point; thence north fifty-two (52) degrees east ninety (90) feet to Maple Street; thence south thirty-eight (38) degrees east along the western line of Maple Street, fifty- four (54) feet to the Place of BEGINNING. BEING Lot No. 10, Section 'B', as shown on the Control Plan of Cumberland Manor, prepared by Black and Black, and dated November 1930, which' Plan is recorded in the Office of the Recorder of Deeds in L , and for said County of Cumberland in P1an'Book No.272, Page3259, and being parts of Lots Nos. 59 and 60 of Section 2, of the Plan of Cumberland Manor, said Plan being recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 2, Page 73. For further reference see Plan of Section No. 3 of Cumberland Manor recorded in Plan Book 3, Page 54. HAVING THEREON ERECTED a two story brick dwelling house and two-car brick garage, being known as Number 1714 Maple Street, New Cumberland, Pennsylvania. PARCEL NO: 26-23-0543-307 PROPERTY ADDRESS: 1714 MAPLE STREET File N: 207642 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities: A s ? . Attorney for Plaintiff DATE: A'X ?aI File #: 207642 Exhibit "B" ITTORMEYFU coy,: PLEASE ;R jRLNi 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. 6 1 Andrew L. Spivack, Esq., Id. No. RNEY FU CM, Jaime McGuinness, Esq., Id. No. 9AM'; REMRN Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 c Fn- CO - `2A C N 0 -4 Attorney for Plaintiff BAC HOME LOANS SERVICING, L.P., CUMBERLAND COUNTY F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS VS. 1TTORNEY F1L? C L DIVISION z., TIMOTHY F. STRAUB PLAV a. 09-4541-CIVIL CALVIN W. WILLIAMS, III . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TIMOTHY F. STRAUB, and CALVIN W. WILLIAMS, III, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $249,951.67 Interest - 07/07/2009 to 08/17/2009 $2,040.36 TOTAL $251,992.03 I hereby certify that (1) the Defendants' last known address is 157 SOUTH 32ND STREET. CAMP HILL. PA 17011-5102, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. By: Lawee T. helan, Esq. Id. No. 32227 F is S. Id. No. 62695 D iel G. Schm g, sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 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 ChrisovaIante P. Fliakos, Esq., Id. No. 94620 Xoshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: d.crU q PHS 9 207642 PROTHONOTARY Exhibit "C" O O 1--1 a V x U x a 0 N U 0 a a ? y ? E "CS ? 09 4. 4 d 0 `o 10 a . ' U £0 6 3000dlZ WONJ 0311VW LLZI7000 $ w 8 ' fy W .. 60OZ±91100 99Z Z5?Z0 wl ZO Fa c R, E O G ? 53MAM A3N1id O ? d1y ? ? o .o ?bbd S? ' FocR3 7 O. h .L W 'x ? g y d k w C ?y O v c ?? b H W 0 UD° .7 owe,'-? Kr0E? O O 7 O ? 0 ' g .. E y F R? M rm °o° ? A F.I ,FC F-?J' y sN9 ~ 0.4 1 •1 1 V ? X1.1 O ? 3 a 3 ? y a 3 3 z + a r. a° w b w w ? a ?, a ?? w o a a a D O? ?? Z H U H U F? i Z ? N o N N ? ? x COD x c E ti U PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2009 TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 RE: BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. v. TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III Premises Address: 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 09-4541-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly yours, L rence T. Phelan , Es ire Francis S. Hallinan, Es ire 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 Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP C DATE: By: PA., 1) ? ence T. el , Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? el G. Schmieg, Esq., Id. No. 62205 ichele 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 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. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-4541 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. TIMOTHY F. STRAUB TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET 1714 MAPLE STREET, CAMP HILL, PA 17011-5102 NEW CUMBERLAND, PA 17070-1252 Phelan Hallinan & Schmieg, LLP DATE: _ By: nl?h I&I a ence T. Phelan, sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Cq 71,F Er CX 249 ACT ?3 X111 r 5' QARR44 9 r 11 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 V. CUMBERLAND County TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III No. 09-4541-CIVIL Defendants RULE AND NOW, this day of 62 Lt 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. {? - ( "52- 10 c5?'?S C-d2L 4j-?i? Rule Returnable on the , a in e Of " 4i1g OCR ?? P?? 3: 13 lOl2?'Ort - (2oPl" BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-4541-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: 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: Id', 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 She 1 R. Shah-Jani, Esq., Id. No. 81760 J ine R. Davey, Esq., Id. No. 87077 .'Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, V. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-4541-CIVIL AMENDED 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 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070-1252. 1. Name and address of Owner(s) or reputed Owner(s): Name TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Address (if address cannot be reasonably ascertained, please indicate) 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 2. Name and address of Defendant(s) in the judgment: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 1714 MAPLE STREET NEW CUMBERLAND, PA 17070-1252 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 Amy W. Williams 149 S. Locust Point Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are t d correct to the best of my personal knowledge or information and belief. I understand that false state ent her in are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to auth rit' s. l-Lawfence T. Phelan, Esq.;--167NV-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 ? She I R. Shah-Jani, Esq., Id. No. 81760 k] J me R. Davey, Esq., Id. No. 87077 auren 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 s ' a , W W ? U a ?N ? o ??? lid ?:s C? z >, o a ? ? pw ?Uw £Olfit 3QOQd1Z gQZLa ?p40 fi00z zo l? Wl ZO oZ'ZO S_ At" t Nov' c, Q 9 o ... -a o o Q O o ? H p U C-4 r- ?.: W P+ H ? p Q as owl o ? ?x t., w '? +? ''=a N ? t o>°'w 00 ? w ? ? NA U p W Ww ?+ p" 4) p? a,„a o ? yN •? 3 a d o 00 F.o>? Hp aH?? ?a "r dUO ?, <C N W W [? o ? UO?ts? d UW ? F.?N 0 0 z pwo a U?`? UAa z it d N M 1 'IT ' - ' ? w is N ? V lit V oa a r ? ?o + ? prs ti .a N V w w ^'?' ? C W Yp O C ? yV.. M ?o O `«.N 5N H oa°N I O a a U wW ?s u• ?? o a O x °a H o? ? 00 z [i £4 is t 3003diZ WONA 0311VW SOOZ SOAON 9SZLLZb0OO o9z3o $ w6 zo U 53AROB A341Id ' N90d ? w a w w 0 ?vO.,yy ?i a?QO U ? w v .i? fr1 ? ? aC ate. ti N aO`Oa a zoo 9 v a O a x? y as U °a 3 a z d?? 'd .o E 3 z :E g v 0 9 Q E-+ cn N u.a= ag ? SHE o? E?= ?Q O V h v??„$ S N E? yyC Ei V ?' •O •O v ? E ti a ? ' 60 u u ?' w v 0 a' O . ? •O rrV?? ? o > "s a g` -? o°o?a M N ao S 0 N cw O a L7a ? u V a° ui cn u O ?a z? v u C T M z o ?a 'J'7 T 2009 h OV 10 P l 12: 14, CUII , F t,i J 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A Court of Common Pleas COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division Plaintiff CUMBERLAND County V. No. 09-4541-CIVIL TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the October 27, 2009 Rule was sent to the following individual on the date indicated below. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 DATE: i I -? b TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070-1252 Phelan Hallinan & By: U LP an, Esq., Id. N . 32227 llinan, Esq., Id. o. 62695 ? Esq., I . 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 ? 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 1 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. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 09-4541-CIVIL RULE AND NOW, this - day of I) Lt 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. ?'T( . to i t 4 L Z b d2 S j l c- I I J_ Rule Returnable , a in e C •„l,. _ ?'?il?rv,_...,.l.cwlo ??--?e? ---'' o f'?.,..l:?lo Asannev?c»ni.o 'COPY FROM RECORU jjUE i l way wte ,1 Iwo ofto ?sd MY W? W%d f of at ca ova P& ?I!11 OF THE PROTHONOTARY 2009 NOV 19 PM 1: 38 PEI IONZYLIVANA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - T - ~ - - Sheriff ~ ' ~'~ Jody S Smith ```4~~ !'d ~O10 APR J 4 AM 9= 2r~ Chief Deputy - Edward L Schorpp ' iv-':: ;,;--~, Solicitor ' ~ ~ ' BAC Home Loans Servicing, LP Case Number vs. Timothy F. Straub (et al.) 2009-4541 SHERIFF'S RETURN OF SERVICE 09/25/2009 01:00 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 1300 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: Timothy J. Straub, by making known unto, Timothy J. Straub, personally, at 157 South 32nd Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/25/2009 01:00 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 1300 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: Calvin W. Williams, III, by making known unto, Timothy J. Straub, owner, at 157 South 32nd Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/29/2009 06:26 PM -Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on 09/29/09 at 1820 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 Timothy F. Straub and Calvin W. Williams, III, located at, 1714 Maple Street, New Cumberland, Cumberland County, Pennsylvania according to law. 12/07/2009 Property sale postponed to 2/3/2010. 02/01/2010 Property sale postponed to 4/7/2010. 04/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $726.65 SO ANSWERS, -""_ April 07, 2010 RON R ANDERSON, SHERIFF Via. so~~. S C~ 7s'227 ~~y a ~~ BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, v. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-4541-CIVIL 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 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070-1252 . 1. Name and address of Owner(s) or reputed Owner(s): Name TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Address (if address cannot be reasonably ascertained, please indicate) 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 2. Name and address of Defendant(s) in the judgment: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 1714 MAPLE STREET NEW CUMBERLAND, PA 17070-1252 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th 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 to authorities. August 21, 2009 DATE ^ Lawrence T. Phelan, Es ., 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 ®.$lieetal 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. TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant(s). CUMBERLAND COUNTY No.09-4541-CIVIL August 21, 2009 TO: TIMOTHY F. STRAUB 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070- 1252, is scheduled to be sold at the Sheriff s 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 $251,992.03 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 Sheriff s 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. 3. You may also be able to stop the sale through other legal proceedings. t1 J f ' 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 LEGAL DESCRIPTION All that certain lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:- BEGINNING at the northwestern corner of Maple Street and the first alley south of Haldeman Boulevard, being 144 feet south of Haldeman by the western line of Maple Street; thence south fifty- two (52) degrees west along the line of an alley twenty (20) feet wide, one hundred and twenty-five (125) feet to a point; thence north thirty-eight (38) degrees west nineteen (19) feet to a point; thence north seven (7) degrees east along the line of Lot No. 8, Section'B' of the hereinafter mentioned Plan of Lots, forty-nine and forty-nine one-hundredths (49.49) feet to a point; thence north fifty-two (52) degrees east ninety (90) feet to Maple Street; thence south thirty-eight (38) degrees east along the western line of Maple Street, fifty-four (54) feet to the Place of BEGINNING. BEING Lot No. 10, Section 'B', as shown on the Control Plan of Cumberland Manor, prepared by Black and Black, and dated November 1930, which Plan is recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No.272, Page3259, and being parts of Lots Nos. 59 and 60 of Section 2, of the Plan of Cumberland Manor, said Plan being recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 2, Page 73. For further reference see Plan of Section No. 3 of Cumberland Manor recorded in Plan Book 3, Page 54. HAVING THEREON ERECTED a two story brick dwelling house and two-car brick garage, being known as Number 1714 Maple Street, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Calvin W. Williams, III, married individual and Timothy F. Straub, married individual, by Deed from Heinz M. Lorenz and Liselotte Colby Lorenz, his wife, dated 12/30/2005, recorded 01/05/2006 in Book 272, Page 3259. PREMISES BEING: 1714 MAPLE STREET, NEW CUMBERLAND, PA 17070-1252 PARCEL NO. 26-23-0543-307 WRIT OF EXECUTION and/or ATTACHMENT COMMON WEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4541 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 SERVICING, L.P. Plaintiff (s) Prom TIMOTHY F. STRAUB AND CALVIN W WILLIAMS, III (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$251,992.03 L.L.$.50 Interest FROM 08/18/2009 - 12/09/2009 (PER DIEM - $41.42) - $4,721.88 Atty's Comm Atty Paid $178.30 Plaintiff Paid Date: August 24, 2009 Due Prothy $2.00 Other Costs C rtis R. Long, Prot ary (Seal) By: Deputy REQUESTING PARTY: Name SHEETAL R. SHAH-JANI, 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. 81760 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA '.- ~ Known and numbered as 1714 Maple Street, New Cumberland ,more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 B: ~~ Real Esta e oordinator ;, =~+r,, i~ ~ ~~~~1~ cJ)~ ~° ~:~ '° :-J ~' ~ ~1 ~] Q 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. Writ No. 2009-4541 Civll BAC Home Loans Servicing, L. P., f/k/a Countrywide Home Loans Servicing, L.P. Marie Coyne, ~S. SW0~1 TO AND SUBSCRIBED before me this Timothy F. Straub 6 da of November 2009 ~~ Calvin W. Williams, III Atty: Daniel Schmieg l By virtue of a Writ of Execution - ~i,12,~ ~ No. 09-4541-CIVIL, BAC HOME ` NOtary LOANS SERVICING, L. P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L. P. vs. TIMOTHY F . STRAUB and CALVIN W. WILLIAMS, NOTARIAL 8EgL III, owners of property situate in the DEBORAW A COLLINS BOROUGH OF NEW CUMBERLAND , Cumberland County, Pennsylvania Notary Pubisc , being 1714 MAPLE STREET, NEW CARLISLE BORO, CUI`y16E?LAND COUNTY CUMBERLAND PA 17070-1252. My Commission Expires Apr 26, 2010 i Parcel No. 26-23-0543-307. Improvements thereon: RESIDEN- TIAL DWELLING. . - . Tk~e Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e ~lahiot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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. PUBLICATION COPY This ad ran on the date(s) shown below: WrR No. 2009-4541 Clvll Term 10/23/09 BAC Home Loans Ssrvlcing, 10/30/09 L.P., F/K/A Countrywlds Home Loans Servfcing, L.P. 11/06/09 V$ Timothy R Staub , Calvin W. Wllllams, III 4 ~l ~ ~~~ ~~ ~/~(~~~ Arty: Daniel Schmleg By virtue of a Writ of Execution No. 09.4541- CIVII. ~ - - - - - - ' `~ ""' ' ' ' - - ~ ~ y~ "~' ~ ~ BAC HOME LOANS SERVICING,L.P.,F/K!A worn to and sus ibed before me his f vember, 2009 A.D. COUNTRYWIDE HOME LOANS ~ `~. r` ~ s SERVICING, L.P. - /// r, ~ vs. TIMOTHY. F. STRAUB and CALVIN W. ~'/`th~~( ~ ' _ NOta PUbIIC ~ ..._,-- ry WB.L,IAMS, iII owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 1714 MAPLE STREET, NEW CUMBERLAND PA 17070-1252 Parcel No. 26-23-0543-307 COaVIM~N~~~~~-~ q~ p~NNgyLVANIA (Acreage or strcet address) Improvements • thereon: RESIDENTIAL Nolana! Sea- C ~~ !° Kisner, Notary Public OFN ~ DWELLING Y arrisb~r~, Dauphin County ~ Comrrtn~siot~ Expires Nov 26 201 . , 1 Member, Pennaylv3r.r~a q$nooiation of Notaries Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, Court of Common Pleas L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division Plaintiff CUMBERLAND County vs No. 09-4541-CIVIL c-4 TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP. Date: 1111d7l / By: PHELAN, HALL NAN & SCHMIEG, LLP dean F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 207642 Attorneys for Plaintiff r Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff rv. 0; r-ri U BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff vs TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant Court of Common Pleas Cd'3 ? Civil Division ci >C--) 2-' C:) CUMBERLAND County :r No. 09-4541-CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP as successor Plaintiff for the originally named Plaintiff The material facts on which the right of succession and substitution are based are as follows: Plaintiff BAC Home Loans Servicing, LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP in and to every type of property (real, personal, and mixed) and choses in action are transferred to and vested in Bank of America, N.A., without any deed or other transfer. Accordingly, the name of the plaintiff has changed to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP. BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. was successor to Countrywide Home Loans Servicing, L.P. by virtue of the corporate name change whereby Countrywide Home Loans Servicing, L.P. became known as BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. Kindly amend the information on the docket accordingly. Date: A§? PHS# 207642 , HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Mel'iss'a J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff 4. CJ 0.?X? `%P' 6-k!5 111xas? QA *-7ss % Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff vs TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 09-4541-CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, located 7105 Corporate Drive, Plano, TX 75024. Date: By: ELA & SCHMIEG, LLP Misen-F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 207642 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-4541 -CIVIL TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III CUMBERLAND COUNTY Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOUTH 32ND STREET CAMP HILL, PA 17011-5102 Date: PHS# 207642 ?& SCHMIEG, LLP lison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, INCA. AS BY MERGER TO BA1Q, !`A9k SERVICING, L.P. , F/K/A HOME LOANS SERVICING, L.P. Plaintiff vs TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant PRAECIPE Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 09-4541-CIVIL TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. -Please mark the in rem judgment atisfie and e action Discontinued and Ended. Date: A131tz- HALLINAN & SChEy[G-LI \__0BL/AN, HALLINAN & SCHMIEG, LLP Attorneys for laintiffPrinted Name. Bar Id. No. PHS# 207642 ttomeys for Plaintiff aq,so_? 4 OOPI (p-71 t' PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, L.P. , F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff vs TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 094541-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III 157 SOU'T'H 32ND STREET CAMP HILL, PA 17011-5102 Date: !?l 13 ? I Z' Attorneys for P intiff Printed Name: kQAAj0&A. P?kkp Bar Id. No. Attorney for Plaintiff