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HomeMy WebLinkAbout09-4691 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 Aaime 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 208489 BAC HOME LOANS SERVICING, L.P., F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION 7105 CORPORATE DRIVE TERM J "V I PLANO, TX 75024 NO. d4- tIU-111 CUMBERLAND COUNTY Plaintiff V. ESTATE OF MARLIN C. ADAMS MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS 769 BALTIMORE PIKE GARDNERS, PA 17324 MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS 91 PINEDALE ROAD CARLISE, PA 17015 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 208489 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 208489 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: ESTATE OF MARLIN C. ADAMS MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS 769 BALTIMORE PIKE GARDNERS, PA 17324 MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS 91 PINEDALE ROAD CARLISE, PA 17015 who is/are the real owner(s) of the property hereinafter described. 3. On 04/09/2007 MARLIN C. ADAMS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1989, Page 1429. 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 File #: 208489 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $109,133.63 Interest $4,626.48 12/01/2008 through 07/10/2009 (Per Diem $20.84) Attorney's Fees $1,325.00 Cumulative Late Charges $182.30 04/09/2007 to 07/10/2009 Cost of Suit and Title Search 750.00 Subtotal $116,017.41 Escrow Credit ($202.98) Deficit $0.00 Subtotal 202.98 TOTAL $115,814.43 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability File #: 208489 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. The mortgage premises are vacant and abandoned. 10. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. 11. By virtue of the death of Dolores Adams on 02/18/2006, Marlin C. Adams became the sole owner of the mortgaged premises as surviving tenant by the entireties. 12. Mortgagor Marlin C. Adams died on 11/26/2008, leaving a Will dated 09/12/2008. Letters Testamentary were granted to Melinda Karper on 12/08/2008 in Cumberland County, No. 21-08-1224. Decedent's surviving heir(s) at law and next-of-kin are Melinda Karper, Karen Smith & Marlene Gillaugh. 13. By executed waiver Karen Smith waived her right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit" A ". 14. Plaintiff does not hold the named Defendant(s), Melinda Karper & Marlene Gillaugh, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 208489 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $115,814.43, together with interest from 07/10/2009 at the rate of $20.84 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: 4t&-c M `j" 13V Lawr nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff File #: 208489 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Attorney for Plaintiff Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., V. ESTATE OF MARLIN C. ADAMS, DECEASED WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION R I, KAREN SMITH, Devisee of MERLIN C. ADAMS, DECEASED, in accordance with & fiction 3010) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 3G1 (b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., involving a mortgage secured on premises 250 FRANKLIN STREET, CARLISLE, PA 17013, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: (.S-d? `1 ?1k?n Karen Smith, Devisee Of the Estate of Merlin C. Adams * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. LEGAL DESCRIPTION ALL THAT CERTAIN House and Lot of Ground situate in the Fourth Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:- BOUNDED on the North by property now or formerly of Harry Otstot; on the East by Lot now or formerly of John Wherley; on the South by property now or formerly of the Estate of Jacob S. Brymesser; and on the West by Franklin Street. Containing thirty (30) feet in front on Franklin Street, and extending in depth one hundred twenty (120) feet to the aforesaid Lot now or formerly of John Wherley. HAVING thereon erected a two and one-half story frame dwelling, being the Northern half of a double frame dwelling and known as No. 250 Franklin Street, Carlisle, Pennsylvania. BEING the same premises which Lee M. Nickey and Jean B. Nickey, his wife, by their Deed dated April 21, 1944 and recorded in the Cumberland County Recorder's Office in Deed Book 'T', Volume 12, Page 594, granted and conveyed unto Russel J. Boldosser and Daisy N. Boldosser, his wife. The said Daisy N. Boldosser died on October 11, 1958, whereupon sole title in said premises vested in Russel J. Boldosser, whose executrix is the grantor herein. PARCEL NO. 05-20-1798-178 ADDRESS: 250 FRANKLIN STREET File #: 208489 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: '( -o9 Attorney for Plaintiff File #: 208489 C9 FILE _ 2K0, Jl 1 J :i f ,; b 70y go o Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ti?8ltr of c'ttalib'j", 440 OFFjCE OF T•°E SHERIFF RLr_ s_ 7' t- ;T _. . "1 T: e- A 10 0: C 1. r.i't 1 1 4 i .Ay. BAC Home Loans Servicing, L.P. vs. Case Number Melinda Karper 2009-4691 SHERIFF'S RETURN OF SERVICE 07/22/2009 06:15 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 22, 2009 at 1815 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Melinda Karper, by making known unto herself personally, defendant at 769 Baltimore Pike Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to hei personally the said true and correct copy of the same. Request for service at 250 Franklin Street Carlisle, PA 17013 appears vacant. 08/04/2009 08:43 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 4, 2009 at 2043 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marlene Gillaugh, by making known unto Jeffrey Gillaugh, Husband of defendant at 91 Pinedale Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $64.70 August 05, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Y/"- ElZap"0 , )1 uty Sheriff epu y 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 5heetal 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. VS. ESTATE OF MARLIN C. ADAMS MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-4691 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 ESTATE OF MARLIN C. _ADAMS MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C ADAMS and MARLENE GILLAUGH, DEVISEE OF THE ESTATE AF MARLIN C. ADAMS, 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 $115,814.43 Interest - 07/11/2009 to 09/14/2009 $1,375.44 TOTAL $117,189.87 I hereby certify that (1) the Defendants' last known addresses are 769 BALTIMORE PIKE. GARDNERS, PA 17324, 2.50 FRANKLIN STREET, CARLISLE, PA 17013, and 91 PINEDALD ROAD. CARLISLE. PA 17015, and (2) that notice has been given in accordance with Rule 237.1, copy attached. La enc . Phel , Esquire Pr'ancis S. , Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire 4oshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9 PHS # 208489 PROTHO OTARY BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P Plaintiff v MELINDA KARPER MARLENE GILLAUGH Defendant(s) TO: MELINDA KARPER 769 BALTIMORE PIKE GARDNERS, PA 17324 DATE OF NOTICE: August 25, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-4691 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. 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. PHS # 208489 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 Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By: ?"Aj5v Lawrence T. Phelan, d. 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 eetal 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 208489 Ir- BAC HOME LOANS SERVICING, L.P., F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISON Plaintiff NO. CIVIL-09-4691 v CUMBERLAND COUNTY MELINDA KARPER MARLENE GILLAUGH Defendant(s) TO: MARLENE GILLAUGH 91 PINEDALD ROAD CARLISLE, PA 17015 DATE OF NOTICE: August 25, 2009 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. 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. PHS # 208489 kw 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 Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 Ir By: Lawrence T. Phelan, Esq.". 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 metal 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 208489 BAC HOME LOANS SERVICING, L.P., FJK/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISON Plaintiff NO. CIVIL-09-4691 v CUMBERLAND COUNTY MELINDA KARPER MARLENE GILLAUGH Defendant(s) TO: MARLENE GILLAUGH 250 FRANKLIN STREET CARLISLE, PA 17013-2206 DATE OF NOTICE: August 25, 2009 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. 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. PHS # 208489 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 (717) 249-3166 By: Lawrence T. Phelan, E q., 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 208489 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P Plaintiff MELINDA KARPER MARLENE GILLAUGH Defendant(s) TO: MELINDA KARPER 250 FRANKLIN STREET CARLISLE, PA 17013-2206 DATE OF NOTICE: August 25, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-4691 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. 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. PHS # 208489 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 (717) 249-3166 r 431??jd 1A By. Lawrence T. Phelan, ., . 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 ,_- ieetal R. Shah-Jani, Esq., Id. No. 81760 Jemne 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 208489 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. VS. ESTATE OF MARLIN C. ADAMS MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-094691 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 MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS is over 18 years of age and her last known addresses are 769 BALTIMORE PIKE, GARDNERS, PA 17324, 250 FRANKLIN STREET, CARLISLE, PA 17013, and 91 PINEDALD ROAD, CARLISLE, PA 17015. (c) that defendant MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS is over 18 years of age and her last known addresses are 769 BALTIMORE PIKE, GARDNERS, PA 17324, 250 FRANKLIN STREET, CARLISLE, PA 17013, and 91 PINEDALD ROAD, CARLISLE, PA 17015. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ce T. Phe an, Esq., No. 3222' Franc S. Hall' an, Esq., Id. No. 62695' Daniel . ieg, 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 D'Toshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff OF THE 2009 SEP 16 MI M 10: 2 5 ID. CYz ?S 3 9i' .7 3b4 3L (Rule of Civil Procedure No. 236) - Revised BAC HOME LOANS SERVICING, L.P., CUMBERLAND COUNTY F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. : COURT OF COMMON PLEAS : CIVIL DIVISION ESTATE OF MARLIN C. ADAMS MELINDA KARPER, EXECUTRIX & No. CIVIL-09-4691 DEVISEE OF THE ESTATE OF MARLIN C. ADAMS MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS Notice is given that a Judgment in the above captioned matter has been entered against you on 4-00 q By: If you have any questions concerning this matter please Srgntact: Lawydnce . Phelan, quire F cis S. allinan, E quire Daniel G. Schp squire 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 -roshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. PHS # 208489 DEFENDANT SERVICE TEAM/ iin MELINDA KARPER MARLENE GILLAUGH COURT NO.: CIVIL-09-4691 SERVE MELINDA KARPER AT: 769 BALTIMORE PIKE GARDNERS, PA 17324 TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: 06/02/2010 SERVED Served and made known to Me 1.I N oA Ka QPE~ ,Defendant on the 2~'hday of ~~° 20p ~ , at ~ 0 ; 0 5, o'clock ~. M., at 769 -rl~ne¢E !~ uE~C~A~tyN~s, i7~ > in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant'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 office or usual place of business. an officer of said Defendant's company. _ Other: Desc~ri"ption: Age,~~ Height S `7 ,. Weight 16 0 Race w Sex ~ Other I, ~cy1U/.1-c.D '1A~0 LL , 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. Sworn to and subscribed kljv?<,~RLy CURTY before me this ~.~~`day NO1:~R'l~ 1'l~~?~-t of _~~t1 STATF: (~ t~r~;VJ JEF~ES' Not ~ ' 1 ~ ISSION EXPIRES MP ttCN 7, 2013 111 NOT SERVED On the 200_, at Vacant Bad Address _ No Answer _ Service Refused Other: Sworn to and subscribed offore me this ~ day B y: Notary: o clock _. M., Defendant NOT FOUND becau~ej N O O t w v Tt ~~ ~~ -r- ~~ _ Moved _ Dces Not Reside (Not Vacant s m ~ !~, f_., cra . t:::° Yy ~L:. ATTORNEY FOR PLAINTIFF Lawrence T. Phekm, Esq., Id. No. 32227 Francis S. HalBnan, Esq., Id. No. 62695 Daniel G. Schmie8, Esq., Id. No. 62205 Mkhde M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id No. 58745 Shcetal R Shah•Jani, Fsq., Id. No. 81760 Jmine R Davey, Esq., ld. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivdc Srivastava, Esq., Id. No. 20]331 Jay B. toms, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., id. No. 61791 Andrew I,. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Fsq., Id. No. 90134 Chrisovalante P. FOakos, Esq., Id. No. 94620 Joshua 1. Coklman, Esq., Id. No. 205047 Cou~4enay R Dunn, Fsq., Id. No. 206779 Andrew C. Brambld4 Esq., Id. No. 20$375 One Penn Center al Suburban S[ation 1617 John F. Kennedy Bivd., Suite 1400 Philadelphia, PA 19103.1814 (215)563-7000 ca c.s't AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. PHS # 208489 DEFENDANT SERVICE TEAM/ iin MELINDA KARPER MARLENE GILLAUGH COURT NO.: CIVIL-09-4691 SERVE MARLENE GILLAUGH AT: TYPE OF ACTION 91 PINEDALD ROAD XX Notice of Sheriff s Sale CARLISLE, PA 17015 SALE DATE: 06/02/2010 SERVED Served and made known to MRl~LENF_ ~Lt.A~ub~l ,Defendant on the ~ day of ~~, 206~> at `7 : fo, o'clock ~ M., at 91 P~NEDA~E R!/C'R~,,t cr F~_P~J , in the manner described below: / Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age b S Height SrQ 4 Weight ~ Q 0 Race w Sex ~ Other I, ~61Vr~a /~.oLt_, 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. Sworn to and subscribed before me this ~ day Kl NI ~~ v~ K L~~ ~?JR1 Y of ~F.~ , 20(~~. NI.)TARY Pl~I3i1C ~/ ~, T 'PE Gr hf~W J'E;R~r" Notary.i $y; ~ ~i~~~~~`~""F ~ LION L7~'r'tRi:~ M~KCH 7, 2013 V, I NOT SERVED On th of , 200_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) _ No Answer _ Service Refused Other: ~ Sworn to and subscribed G before me this day -~, of ~0~( By: r-rrrr~l ~>>-~ ~(-. , Notary: ATTORNEY FOR PLAINTIFF ~'~ y Lawrence T. Phelan, Esq., Id. No. 32227 ~ ~.; Francis S. Hallman, Esq., Id. No. 62695 D i l an e G. Schmieg, Esq., Id. No. 62205 Miehde M Bradford Es Id N 69849 -~ +; ~.% . , q. . o. Judith T. Romano, Esq., Id. No. 58745 Shectal R. Shah-Joni, Esq. Id. No. 81760 Janine R. Davey, Fsq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Joms, Esq., Id. Nw 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew I.. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. Na 205047 Couttenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Phimdelphia, PA 19103-1814 (2]5)563-7000 o c~ ~~-~ w ~_ ~_ C:? IN THE COURT OF COMMON PLEAS MqY ~ 4 2Q1p CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P., F/K/A Court of Common Pleas COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff Civil Division v. ESTATE OF MARLIN C. ADAMS MELINDA CUMBERLAND County KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS No. CIVIL-09-4691 MARLENE FILLAUGH, DEVISEE OF THE ESTATE OF MAR[,fN C. ADAMS Defendants I ORDER AND NOW, this ~ `i `day of n'~ , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $109,133.63 Interest Through June 2, 2010 $1 ],274.88 Per Diem $20.56 Late Charges $109.38 Legal fees $1,325.00 Cost of Suit and Title $1,438.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,035.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $458.80 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,825.09 TOTAL $129,600.28 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: "The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ~- t rz; _- -1. ~ ~/ ~~y~~ ~...t..t~, ~ .. l.iJ ~-. :'~~ ~? dZ. ~~, ~~ BY THE COURT J. 208489 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~l~tr Ai C u lh~r ~~r Ord ,. ~.~ .~., ~FF Lr ..C C Cu4F.~~~ aoco ^I~vc~ a.pr-~ `t~~•a5 L~~.. BAC Home Loans Servicing, L. P. Case Number vs. Melinda Karper (et al.) 2009-4691 SHERIFF'S RETURN OF SERVICE 04/06/2010 04:29 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1625 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: Melinda Karper, by making known unto, Melinda Karper, personally, at, 769 Baltimore Pike, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/07/2010 09:49 AM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 949 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 Melinda Karper and Marlene Gillaugh, located at, 250 Franklin Street, Carlisle, Cumberland County, Pennsylvania according to law. 04/08/2010 08:09 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on4/8/10 at 2005 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: Marlene Gillaugh, by making known unto, Jeffrey Gillaugh, spouse, at, 91 Pinedale Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him/her personally the said true and correct copy of the same. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, 8200 Jones Branch Drive, Mail Stop 202, McLen, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 826.65 SHERIFF COST: $826.65 June 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Mfg. Gip Pd ~ Qr~ , • 57.E LL ~d . oz~~SS7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY is CountySuite Sheriff, Teleosoft, b.c. BAC HOME LOANS SERVICING, L.P., F/K/A COUN.TRYWIpIa HQME LOANS SERVICING, L.P. Plaintiff ~ ~ ~ ~ ~ ' v. ESTATE OF MARLIN C. ADAMS MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4691 CUMBERLAND COUNTY 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 250 FRANKLIN STREET, CARLISLE, PA 17013-2206. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ESTATE OF MARLIN C. ADAMS MELINDA 769 BALTIMORE PIKE KARPER, EXECUTRIX & DEVISEE OF THE GARDNERS, PA 17324 ESTATE OF MARLIN C. ADAMS MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 91 PINEDALE ROAD CARLISLE, PA 17015 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name 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. 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 ESTATE OF MARLIN C. ADAMS C/O: MATTHEW A. MCKNIGHT, ESQUIRE JEFFREY A. ADAMS KAREN SMITH 250 FRANKLIN STREET CARLISLE, PA 17013-2206 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 60 WEST POMFRET STREET CARLISLE, PA 17103 2143 NEWVILLE ROAD CARLISLE, PA 17015 1129 FRANKLIN STREET CARLISLE, PA 17013 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 sub'ect to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 1, 2009 By; Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ ands 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 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. ESTATE OF MARLIN C. ADAMS MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS Defendant(s) NO. CIVIL-09-4691 CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MELINDA KARPER 769 BALTIMORE PIKE GARDNERS, PA 17324 MARLENE GILLAUGH 91 PINEDALD ROAD CARLISLE, PA 17015 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 250 FRANKLIN STREET, CARLISLE, PA 17013-2206 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $117,189.87 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 canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the~Sheriffls Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 - ~ SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-4691 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. ESTATE OF MARLIN C. ADAMS MELINDA KARPER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 250 FRANKLIN STREET. CARLISLE, PA 17013-2206 Parcel No. OS-20-1798-178 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $117,189.87 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r ~ a '~ LEGAL DESCRIPTION ALL THAT CERTAIN House and Lot of Ground situate in the Fourth Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:- BOUNDED on the North by property now or formerly of Harry Otstot; on the East by Lot now or formerly of John Wherley; on the South by property now or formerly of the Estate of Jacob S. Brymesser; and on the West by Franklin Street. Containing thirty (30) feet in front on Franklin Street, and extending in depth one hundred twenty (120) feet to the aforesaid Lot now or formerly of John Wherley. HAVING thereon erected a two and one-half story frame dwelling, being the Northern half of a double frame dwelling and known as No. 250 Franklin Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Marlin C. Adams and Delores V. Adams, his wife, by Deed from Frances J. Stoner, Executrix of the Last Will and Testament of Russell J. Boldossor, a/k/a Russell J. Boldosser, late, deceased, dated 05/14/1979, recorded 05/17/1979 in Book 28-K, Page 781. And the said Deloves U. Adams died on February 18, 2006 whereby the property vested in Martin C. Adams as surviving tenant by the entirety AND the said Marlin C. Adams Died on November 26, 2008 and an estated opened at #21-08-1224. PREMISES BEING: 250 FRANKLIN STREET, CARLISLE, PA 17013-2206 PARCEL NO.OS-20-1798-178 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4691 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/Wa COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From ESTATE OF MARLIN C. ADAMS, MELINDA KARPER, Executrix & Devisee of THE ESTATE OF MARLIN C. ADAMS, MARLENE GILLAUGH, Devisee of THE ESTATE OF MARLIN C. ADAMS (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 $l 17,189.87 L.L. $.50 Interest from 9/15/09 ($19.53 per diem) -- $5,097.33 Atty's Comm % Due Prothy $2.00 Atty Paid $793.70 Other Costs Plaintiff Paid Date: 12/4/09 (Seal) REQUESTING PARTY: Name: llANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 62205 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered, 250 Franklin Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~2 Real Estate Coordinator S i ~Z d l l X30 6401 bd '1. ' ~~ ~-, ~ , ~~1~3HS 3E~ ::~ :..,~_._._, I1V .THE-COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BAC Home Loans Servicing, L.P. -vs- Estate of Marlin C. Adams, Melinda Karper Executrix & devissee of the Estate of Marlin C. Adams Marlene Gillaugh, Devisee of the Estate of marlin C. Adams No. 09-4691 ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION SALE BAC Home Loans Servicing, L.P. hereinafter called Assignor, for and in consideration of the sum of $1,135.44, receipt of which is hereby acknowledge do(es) hereby sell, assign, transfer and set over unto FEDERAL HOME LOAN MORTGAGE CORPORATION. all of its right, title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on June 2, 2010. IN WITNESS WHEREOF, the Assignor has hereunto set its hand and seal, this 4th day of June 2010 intending thereby to be legally bound. Nora M. Ferrer (SEA COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL NORA M. FERRER, Nota p City of Philadelphia, Phila Counity tN Commission Expires November 22, 2013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. wnc xo. X009-4691 ci~t BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P. vs. Estate of Marlin C. Adams Melinda Karper, Executrix 8s Devisee of the estate of Marlin C. Adams, Marlene Gillaugh, Devisee of the estate of Marlin C. Adams Atty: Daniel Schmieg By virtue of a Writ of Execution NO. CIVIL-09-4691, BAC HOME LOANS SERVICING, L. P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. ESTATE OF MARLIN C. ADAMS MELINDA KARP- ER, EXECUTRIX & DEVISEE OF THE ESTATE OF MARLIN C. ADAMS, MARLENE GILLAUGH, DEVISEE OF THE ESTATE OF MARLIN C. ADAMS, owners of property situate in the BOROUGH OF CARLISLE, Cumber- land County, Pennsylvania, being 250 FRANKLIN STREET, CARLISLE, PA 1 70 1 3-2 206. Parcel No. 05-20-1798-178. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $117,189- .87. i~~Z-- r -.--- lsa Marie Coyn ,Editor SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80ROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 TecHnofog~y Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Wrtt No.'OtIiP~M'i CM'Tirrm f~C litams ltiilM S~rwoit~,"I.-P. FlK/A Counlrtt+~w+ Hon+s [.Dens, . SeMC~, 4.p . Vs. ` Estate Ot Marlhr C. Adams ' NIellnda Karpsr; Exe~rlx Dsvlaes OC'rf~q Gststtt Of MtMlin ~C. Adem~, Marlen0,<eNlfpu~i, Drwlsee`.OITFtei' Estate Of Marlin C. Ad~nms ~Atly: t7anlel ~ . By'vuaie of a Writ of EaeciRion N0. CIVIIr09- . 4641. Bac .Home Loans Servicing, .I..p., F/k/a CdUNTRYWNEH01vIEL0ANIS SERVECBr10, L.It Vs. fS374'1'E OF MARLIN ~. ADAMS MELINDA I{A&PER, EXECUTRIX & DEVL4EE ~' TIIE ESTATE OF MARLIIV C. ADAMS, MARIF.HF, GILLAUGFI, DEVISEE ~ TIM ESTRt"E f~P -IdAR1~'LG.ADAMS This ad ran on the date(s) shown below: 04/16/10 04123/10 ~'- _, 04/30/10 Swor/n to subscribed befor me is day of May, 2010 A.D. G - Notary Public OoJner(s)afpiepattyeilaMeilleBOROUGHUF CAiUJST.]8, Gumba'~sA Coeat}; Paeeylvseu, ~b y) 2S0 FRANICLW STREEI; CARLISLE, PA 17613-~06 Paare1 No. 05-20-1798-178 (Acreagdor street addmea) Im~Srpvements thereon: RESIDENTIAL DWELL1AiG IUDGUtE~I'f' AMOUNT: S1P1,189.87 COMMONWEALTH OF PENN5YLVANIA Notarial Seal Sherrie L Klsner, Notary PuWk Lower Paxton TWp., Dauphin County My Commission Expkes Nov. 26, 2011 Member, Penns~Manla Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal Home Loan Mtg Cori is the grantee the same having been sold to ~~ said grantee on the 27th day of June A.D., 2010, under and by virtue of a writ Execution issued on the ~3 Z 4th day of December, A.D., 009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4691, at the suit of Marlin C Adams. Estate against Federal Home Loan Mta Cori is duly recorded as Instrument Number 201020906. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of A.D. ~ ~ p of Deeds ppiMiNlos6iM~~pplYoNllr~~~