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HomeMy WebLinkAbout09-5548. V/ COLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER ATTORNEY I.D. #56129 SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff' vs. ILDA A. PERNA Mortgagor and Record Owner 2203 Page Street Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 01.0 1 No. 011- SSM QIVIL ACTION: MORTGAGE NOTICE pOEr:L4?aUflE 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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. C(JIMBEkLAND CUUN i Y tiAK A55U1aAI ION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. ?l. CIII the C oncti„ per credit C mITISClin« A(enev at 1-R00-0RQ_'»')7 fnr free c?»m?elin?* 3). Visit HUD'S website www.hud.g_ov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.Dhfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.Dhiladelphiafcd.org/foreclo,sure/ 1). Call ?,I colll,ik?1 k,M- officc to rcgLicst the a1110unt to hr1 11 the ?Iceuunt CurrenL Or 1)I\Off the m??rt??a?ze or request a Loan Workout dome Retention package. (-all our toll tree number at I-600-4f-5-2j l 1 or via email at homeretention(c lgoldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 8498017C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendant is ILDA A. PERNA, 2290 North Delaware Drive, Easton, PA 18040, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On November 27, 2006 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1975 Page 328. The mortgage has been assigned to: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP by assignment of Mortgage . Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for September 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance .................................................................................. $232,562.23 Interest from 08/01/2008 through 07/03/2009 at 7.6250% .................... $16,371.45 Per Diem interest rate at $48.58 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ................. $11,628.11 La[.; Charges liuiii 0J,01,?uuo iu 0 ,03,-'uu) .............................................$915. i Monthly late charge amount at $83.52 Costs of suit and Title Search ...................................................................... $900.00 $262,380.50 If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less th;m the :amOlilt domnmdo l I oil \v(wk nrin;?liv pert'()r11,( d I I Att?,rrner? Frr? n ( ii t,,Zted nIn? in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's 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 in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $262,380.50, together with interest at the rate of $48.58, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: Uol)fti I. "U 1"I GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Mary as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 8d ?Voa - Kist- Vice President #84980FC - ILDA A. PERNA 2203 Page Street Camp Hill, PA 17011 E.?hifiit A EXHIBIT `A' ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the northwestern intersetion of Page Street and Wolf Avenue, THENCE in a northwestern direction along the western line of Wolf Avenue, for a distance of 157.7 feet to a point, the southwestern intersection of Lare Avenue and Wolf Avenue; THENCE in a western direction along the southern line of Lare Avenue a distance of 37.2 feet to a stake; THENCE in a southern direction by lands now or formerly of Elizabeth Orth Yontz, 147 feet to a stake on the northern line of Page Street; THENCE in an eastern direction along the northern line of Page Street, a distance of 92.2 feet to Wolf Avenue, the place of BEGINNING. UNDER AND SUBJECT to certain restrictions set forth in Record Book "S", Volume 7, Page 463, which said restrictions are specifically referred to and made part hereof. AND UNDER AND SUBJECT to conditions, easements, restrictions and other matters of record and any and all matter which an inspection or survey of the property would disclose. HAVING THEREON ERECTED a two story dwelling house, known as 2203 Page Street, Camp Hill, Pennsylvania. BEING the same premises which Marion L Landt, widow, by her Agent, Linda L. Niziolek, Per Power of Attorney dated June 3, 2402, by deed dated April 18, 2005, and recorded in the Recorder of Deeds in and for the County of Cumberland in Deed Book 268. Page 2874, granted and conveyed unto Ilda A. Perna, in fee. PARCEL ID #: H-18-05 1Y th is to be recorc' Cumberland County F Rocorder of Deeds BKI975PGO345 E.xhifiit B Wa CountrAMde, HOME LOANS PO Box 9048 Temecula. CA 92589-9048 Send Payments To: PO Box 660694 Dallas, TX 75266-0694 Send Correspondence to: PO Box 5170. MS SV314B Simi Valley, CA 93065 111111111111111111111111111111111111111 2212714128 Ilda A Perna 2203 PAGE ST CAMP HILL, PA 17011-3858 Del 104-7 RI QPA- PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 10'4-13 Ba Countrwiide- HOME LOANS P.O. Box 660694 Dallas. TX 75266-0694 IIda A Perna 2203 PAGE ST CAMP HILL, PA 17011-3858 Send Payments to PO Box 660694 Dallas. TX 75266-0694 11/03/2008 Account No.: 153231420 Property Address: 2203 Page St Camp Hill, PA 17011-4630 Current Servicer: Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached panes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM HEMAP may be able to help to save our home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counselina Aaencv. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. IOMEOWNER'S t`IANIE(S). PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERISERVICER: IId zi A Pc, rig 2203 Paae St Camp Hill. PA 17011-4630 153231420 countrywide Home Loans Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS • Make your check payable to Countrywide Home Loans • Write your account number on yyour check or money order • Write in any additional amounts you are including (If total is more than $5000, please send certified check) • Don't attach your check to the payment coupon • Don't include correspondence • Don't send cash WN may d?ar?e ynu a fee f any payrne.nt returned r rpfeded by y 'ur Gnancnl inglihtli sin, utject t? ar rtcable law. Account Number: 153231420-8 Ilcla A Perna Balance Due for charges listed above: $5,178.21 as of 1113/2008. 2203 Page St Please update ?ma II Information on [he reverse side of this coupon. Atltlitional Prinrlpal BLQPA1 Atltlitional Escr!?w Countrywide PO BOX 660694 timer Dallas, TX 75266-0694 I I...I,I.I...I.I,II...I I„It....II..I.I .I..II.I...I..1..1.111...1 rne,-I. Total 153231420800000517821000517821 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 2203 Page St Camp Hill, PA 17011-4630 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Charges: 09/01/2008 Late Charges: 09/01/2008 Other Late Charges Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: E-mail use: Providing your e-mail address below will allow us to send you information on your account Account Number: 153231420 llda A Perna E-mail address $5.011.17 $167.04 $0.00 $0.00 ($0.00) - $5,178.21 How we post your payments: All accepted payments of principal and interest will be applied to the longest outstanding installment due, unless otherwise expressly prohibited or limited by law. If you submit an amount in addition to your scheduled monthly amount, we will apply your payments as follows: (i) to outstanding monthly payments of principal and interest, (ii) escrow deficiencies, (iii) late charges and other amounts you owe in connection with your loan and (iv) to reduce the outstanding principal balance of your ban. Please specify if you want an additional amount applied to future payments, rather than principal reduction. PoaWated checks: Countrywide's policy is to not accept postdated checks, unless specifically agreed to by a ban counselor or technician. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION ?Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,178.21, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made p iyable and sent to: Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. You can cure an other default b taking the followin action within THIRTY 30 DAYS of the date of this letter. Do not use if not applicable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP Address: P. O. Box 660694 Dallas, TX 75266--0694 Phone Number: 1-800-669-6654 Fax Number: 1-805-577-3432 Contact Person: MS PTX-36 Attention: Loan Counselor EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and ether balonnings cnrrld be. started by the lender at any time ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 2212714128 TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents. Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before December 3, 2008, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide receive, up front, at least M. of the amount necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by December- 3, 2008 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-669-6654. I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR CO UNTY CUMBERLAND COUNTY Adams County Interfaith CCCS of Western PA Housing Authority 2000 Linglestown Road Community Action Commission 40 E High Street Harrisburg of Capital Region Gettysburg PA 1514 Derry Street PA 1 7102 Harrisburg 17325 888.511 2227 1A 717 334.1518 . 04 717,232.9757 2320 North 5th Street 43 Philadelphia Avenue o-A Harrisburg 21 1 North Front Street Waynesboro PA PA Harrisburg 17110 PA 717.232.2207 17268 17110 717.762.3285 717.780.3940 800.342.2397 Prepared By and Return To: Beth Gradel GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 GMM File Number: 84980FC Parcel ID#: 01-21-0271-124 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICA'S WHOLESALE LENDER (Assignor), for and inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP. BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed ILDA A. PERNA , Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICA'S WHOLESALE LENDER. Bearing date of November 27, 2006; Amount Secured: $236,000.00; Recorded on December 04, 2006; in Book 1975 Page 328; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 2203 Page Street, Camp Hill, PA 17011 AS FURTHER DESCRIBED fN FXITMIT "A". ATTACITED AND INCORPORATFD INTt? THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. In, its appropriate ,o ;, rate offi;crs, h [. f,l'.cl I[ ? I I l MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICA'S WHOLESALE LENDER (Affix Corporate Seal) Ik==_ (SEAL) Name: Title: MIC. L BACHMAN, VICE PRESIDENT e: Title: Ken Satsky-Assist. Vice president ss: STATE OF TEXAS L COUNTY OF officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue of a Resolution of its Board of Directors. n Notary Public My commission expires: I hereby certify the ac}dress of the Assignee is: 7105 Corporate Drive, PTX C-35, Plano,TX 75024 ,,,,urN ?e : CHASM TERRELL .; q, My commissioN EXPIRE += February 20, 2010 t"a,r ?. ??t180F(' BE IT REMEMBERED, that on this Notary Public personally appeared day of , 2009, before me, the subscriber' a 6) fd. Wlk 5d R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County OF THE Ltxo'%?, of "urnGrr(tjr9 OrrtE CRGP 20B STEP - 9 AM 11: 4 4 BAC Home Loans Servicing, LP vs. Case Number Ilda A. Perna 2009-5548 SHERIFF'S RETURN OF SERVICE 08/1112009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ilda A. Perna, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Northampton County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08/20/2009 Northampton County Return: And now August 20, 2009 at 0940 hours I, Jeffery K. Hawbecker, Sheriff of Northampton County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ilda A. Perna by making known unto herself personally, at 669 Washington Street Easton, PA 18042 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/27/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Ilda A. Perna, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Ilda A. Perna. Request for service at 2203 Page Street Camp Hill, PA 17011 is vacant. The Camp Hill Postmaster has advised the defendant had moved to 2290 N. Delaware Drive Easton, PA 18040. SHERIFF COST: $55.50 SO ANSWERS, September 08, 2009 R THOMAS KLINE, SHERIFF In The Court of Common Pleas of Cumberland County, Pennsylvania BAC Home Loans Servicing, LP vs. Ilda A. Perna 2290 North Delaware Drive Easton, PA 18040 Civil No. 2009-5548 Now, August 11, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northampton County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to and made known to Sworn and subscribed before me this day of 120 copy of the original, So answers, the contents thereof. Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA OROWFOU SERVICE REQUEST TO BE COMPLETED )MPLETED BY THE REQUESTING ATTORNEY 1. All information from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property, he or she service can be made. will leave the property without a watchman and in custody of 2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff. the property is under a Sheriffs levy. The Sheriff or 3. When completing location for service, be certain to Deputy is not liable in any way for protecting property. have a valid address or directions. Do not use P.O. 5 . Service will be executed in accordance with Rule 402 and Title Boxes or R.D. - ADDRESSES ONLY. Provide the 6 231, Pennsylvania Rules of Civil Procedure. . The attorney must certify all copies of process. township, if applicable. 7 . Supply a self-addressed stamped envelope for return of service. PLAINTIFF: S DEFENDANT SERVE UPON ? LOCATI01*4: ? 1 TYPE OF WRIT: (?? c ? ? ?{N??o ? - 4 L?UKNEY [NAME, All ESS, HONE) ATTORNEY SIGNATURE: FOR PROTHONOTARY USE ONLY DOCKET NUMBER: LAS AY FOR SERVICE: FEES PAID- RETURN OF RVICE (To be completed by Sheriff) 1NDIV1 SERVED: DATE: TIME: LOCATION: (IF DIFFERENT OM ABOVE) O B OOU44 OF: CITY OF OWNSH;P OF: C? /J U, Served in the following mann O Other: efendant personally serv O Not Found O Moved ( ) No Answer O Vacant (.) Unknown ( ) Adult family member with whom said defendant resides ( ) Adult in charge of defendant's residence ( ) Manager/Clerk of place of lodging in which defendant resides ( ) Agent or person in charge of defendant's office or usual place of business ( ) Officer of said defendant company O Posted property ( ) Levy on property (Comments) SO ANSWERS: JEFFREY K HAWBECKER SHERIFF OF NORTHAMPTON COUNTY BY: I hereby deputize the Sheriff of NORTHAM=N County, To execute and make a rejWn on the above and attached action according to law. e 4A 8/11/2009 Deputy Sheriff Badge # Sheriff Date ACCEP TANCE OF SERVICE // I accept service of the ?k-??` Lan behalf of, /L1 61C CZ-A_ and certify that I am authorized to do so. (Defendant or Authonzed Agent) (Mailing Address) Delivery Atte pts: Date: qj!Vz Tim e: Date: Time: Date: Time: Date: Time: Date: Time: Date: Time: !U Dep: Dep: Dep: Dep: Dep: Dep: Northampton County Sheriff's Department 669 Washington Street Easton, PA 18042-7483 (610) 559-3084 (610) 559-3781 (REAL ESTATE) • • In the Court of Common Pleas of Cumberland County BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ILDA A. PERNA (Mortgagor(s) and Record Owner(s)) 2203 Page Street Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT No. civi109-5548 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against ILDA A. PERNA by default for want of an Answer. Assess damages as follows: Debt Interest from 10/16/2009 to Date of Sale per diem at $48.58 Total (Assessment of Damages attached) $267,683.38 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 al 'Md Michael T. Mc eever Attorney for Plaintiff I.D. #56129 AND NOW © - ?(p c2oop , Judgment is entered in favor of BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP and against ILDA A. PERNA by default for want of an Answer and damages assessed in the sum of $267,683. as per the above certification. ?"- /- 1C-. kem thonotary 'N" Sheriffs Office of Cumberland County R. Thomas Kline Shenff VAT of t aauEr4' Ronny R Anderson ChfejDepuly 4-Ir Jody S Smith Civil Process Sergeant OFFICE OF THE s»'EFtIFF Edward L Schorpp Solicitor BAC Home Loans Servicing, LP I VS. Ilda A. Perna Case Number 20011`5548 SHERIFF'S RETURN OF SERVICE 08!_1112_009 R. Thomas Klkae, Sheriff who kfg du sworn acxording to taw :taissthat.de_rbada ___ inquiry for the within named defendant, to wit: lids A. Pema, but was unable to locate herIn his b"Wick. He therefore deputized the Sheriff of Northampton County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08120!2009 Northampton County Return: And now August 20, 2009 at 0940 hours I, Jeffery K. Hawbecker, Sheriff of Northampton County, Pennsylvania, do herby oerfiy and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: lids A. Pema by making known unto herself personally, at 868 Washington Street Easton, PA 98042 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/27/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit Ilda A. Perna, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgpe Foreclosure as not found as to the defendant lids A. Perna. Request for service at 2203 Page Street Camp Hill, PA 17011 is vacant The Camp Hill Postmaster has advised the defendant had moved to 2290 N. Delaware Drive Easton, PA 18040. SHERIFF COST: $55.50 SO ANSWERS, -_> September 08, 2009 R THOMAS KLINE, SHERIFF In The Court of Common Pleas of Cumberland County, Pennsylvania BAC Home Loans Servicing, LP Vs. I1da A. Pema 2290 North Delaware Drive Easton, PA 18040 Now, August 11, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northampton County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Affidavit of Service Now, 20 , at o'clock M, served the within upon at by handing to a copy of'the original and made known to contents thereof So answers, me this- __-day of _,20 ?hcrifc ur Swont and subscribed before COSTS SERVICE -- -- ??._ MILEAGE AFFIDAVIT County, PA ORD.. c FOP SERVICE REQUEST T( ) HF (`(JMP1 FTF)) I4Y THE 12E01IF_1TING ATIY)RNEY t;iti(f. J1r.rti; . 1. All information from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property, he or she service can be made. will leave the property without a watchman and in custody of 2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff, the property is under a Sheriffs levy. The Sheriff or 3. Wken cvmoledoz BUBO for service, be certain to Deputy is not liable in any way for protecting property. have a vWW addirm or dlrecdam Do not use P.O. 5. Service will be executed in accordance-with Rule 402 and Title Provide the - ADDRFSS)l?S ONLY liiolles or &D of Civil Procedure- 231, Pennsylvania Rules . , .???..?. 6. The attorney must certify all copies of process. tOM11Rbi®. if ano[kable. 7. Supply a self-addressed stamped envelope for teium of service. PLAINTIFF: 1 1 [,1 1 VMS V I\Ao m y . , "_ ? _ _ a DEFENDANT: SERVE UPON: -I = Lbm LOC?7ICj[+,,,, TYPE OF WRIT: ? k ,tPlyo ?- '?(?rn , V? L M, ALftaUrN5.WnVr4Z) a t t "ftJRlr-- _--- Tt+ORNEY SIGNtR SO ANSWERS: JEFFREY K HAWBECKER SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the sheriff of 1V0PM UN County, 13Y To execute and a . on the above and avidied nation according law. 8/11/2009 Deputy Sheriff Bad M Sheriff. Date ACCEPTANCE OF SERVICE I accept service of the A6#.kL0t 0q&J`d behalf of _- G•?"`?` -----and certify that I am authorized to do so. FOR PROTHONOTARY USE ONLY DOCKET NUMBER: LA AY FUR SERVICE: a PEES PAID' RETURN OF VICE To be imcd sberift) INDIV ERVED: DATE: 44,, TIMME? . LQCATION;(1FDIFFERENT ABOVE) (} BOKOUGR OP. CfTYOP OP ?? 1101 Tj0L0%__. ,Sefyed in the following mam4tj O Other: - fendant personally serv () Not Found () Moved ( ) No Answer () Vaeent ( t Uduowa...: ( ) Adult family member with whom said defendant resides ( ) Adult in charge of defendant's residence ( ) Manager/Clcrk of place of lodging in which defendant resides ( ) Agent or person in charge of defendant's office or usual place of business ( } Officer of said defendant company ( ) Posted property ( ) Levy on property ___-- (Conunoato) De iv Date: Time: /S!U Dep: Date: Time: Dep: Date: Time: Dep: Date: Time: Dep: Date: Time: Dep: Date: Time: Dep: Northampton County Sheriff's Department 668 Washington Street Eastern, PA 19042-7483 (610) 559-3084 (610) 559-3791 (REAL ESTATE) 84980FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: September 15, 2009 TO: ILDA A. PERNA PERNA, ILDA A. 2203 Page Street Camp Hill, PA 17011 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. ILDA A. PERNA (Mortgagor(s) and Record Owner(s)) 2203 Page Street Camp Hill, PA 17011 TO: ILDA A. PERNA 2203 Page Street Camp Hill, PA 17011 Plaintiff Defendant(s) In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. civi109-5548 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 (10) 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. McKeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 84980FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: ILDA A. PERNA PERNA, ILDA A. 2290 North Delaware Drive Easton, PA 18040 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ILDA A. PERNA (Mortgagor(s) and Record Owner(s)) 2203 Page Street Camp Hill, PA 17011 Defendant(s) TO: ILDA A. PERNA 2290 North Delaware Drive Easton, PA 18040 DATE OF THIS NOTICE: September 15, 2009 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. civi109-5548 EMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 (10) 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 Michael T. Mcgeever GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the `foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ILDA A. PERNA, is about unknown years of age, that Defendant's last known residence is 2290 North Delaware Drive Easton, PA 18040, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date:Itb C?-?s---off GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. ILDA A. PERNA (Mortgagor(s) and Record owner(s)) 2203 Page Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. civil09-5548 ORDER FOR JUDGMENT Please enter Judgment in favor of BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, and against ILDA A. PERNA for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $267,683.38. Michael T. McKeever Attorney for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 and that the name(s) and last known address(es) of the Defendant(s) is/are ILDA A. PERNA, 2290 North Delaware Drive Easton, PA 18040; lb OIC K' -1-- GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff + ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $232,562.23 Interest from 08/01/2008 through $21,423.77 10/15/2009 Reasonable Attorney's Fee $11,628.11 Late Charges $1,169.27 Costs of Suit and Title Search $900.00 Escrow Payments Due 0 X $0.00 $0.00 $267,683.38 In A" L G DBECK McCAFFE'ItTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff AND NOW, this /to day of , 2009 damages are assessed as above. ?/ 14(:-& )P? Prothy? ?iLr1?i i^C OTAP 20E4 0 C T 16 Pi 2: 3 -*14-. oo Pb AYN M* sal troy 2-U 15a Ida. oat.w Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. ILDA A. PERNA (Mortgagors and Record Owner(s)) 2203 Page Street Camp Hill, PA 17011 Defendant(s) No. civi109-5548 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: Deputy If you have any questions concerning the above, please contact: Michael T. McKeever /o/i&/o9 Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 1 1 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Michael T. McKeever Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ILDA A. PERNA Mortgagor(s) and Record Owner(s) 2203 Page Street Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. civi109-5548 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/16/2009 to Date of Sale per diem at $48.58 (Costs to be added) $267,683.38 GOLDBECK cCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff .r ,/ ., ' LLI CD LL L^ rn C? Q i N a a c? a a, ? a a5 o Z? O 0 C) zo °A O U Q 4 am a o "? 9 ciS 80 00 00 's. y"' oo ? S cis RS ?-r z O .. H Q 0 W ? U ? a a? F a? oq Via= a?N? O U ? o W ? a p7- U U U ? ?Vj N O G. t7 ^. N a? I f a M a O ? c V ? I ?o a 0 ?o I%k Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. ILDA A. PERNA Mortgagor(s) and Record Owner(s) 2203 Page Street Camp Hill, PA 17011 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. civi109-5548 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Michael T. McKeever, Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. C Michael T. McKeever Attorney for plaintiff FILED--a-FIC'E OF- THE P^" !:n,,N iARY 2009 OCT 16 PM 2: 14 .1:UN Y A% Goldbeck McCafferty & McKeever BY: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ILDA A. PERNA (Mortgagor(s) and Record Owner(s)) 2203 Page Street Camp Hill, PA 17011 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. civi109-5548 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 2203 Page Street Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): ILDA A. PERNA 2290 North Delaware Drive Easton, PA 18040 2. Name and address of Defendant(s) in the judgment: ILDA A. PERNA 2290 North Delaware Drive Easton, PA 18040 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of the last recorded holder of every mortgage of record: 4 AM 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 2203 Page Street Camp Hill, PA 17011 (attach separate sheet if more space is needed) 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. Section 4904 relating to unworn falsification to authorities. DATED: October 15, 2009 al Ja Ck" GOLDBECK Mc F RTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff Il, F1LED-=_ ;=F?fUc OF TNT? F' ek;ONOIARY 2009 OCT 16 Hi 2: t e?? ?tlN''Y ft civi109-5548 /F GOLDBECK MCCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. ILDA A. PERNA Mortgagor(s) and Record Owner(s) 2203 Page Street Camp Hill, PA 17011 Defendant(s; Term No. civil09-5548 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PERNA, ILDA A. ILDA A. PERNA 2290 North Delaware Drive Easton, PA 18040 Your house at 2203 Page Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriff s Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $267,683.38 obtained by BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP against you. 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: P civi109-5548 1. The sale will be cancelled if you pay to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413- 2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 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 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 civil09-5548 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hM://www.phfa.orgZconsumers/homeowners/real.aWx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 84980FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. civi109-5548 GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff VS. ILDA A. PERNA Mortgagor(s) and Record Owner(s) 2203 Page Street Camp Hill, PA 17011 Defendant( Term No. eivi109-5548 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PERNA, ILDA A. ILDA A. PERNA 2203 Page Street Camp Hill, PA 17011 Your house at 2203 Page Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $267,683.38 obtained by BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP against you. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: civi109-5548 1. The sale will be cancelled if you pay to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1-866413- 2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 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 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 } civi109-5548 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa. orp/consumers/homeowners/real. aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(i?goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 84980FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lotof ground situate in the Borough of Camp Hill, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the northwestern intersetion of Page Street and Wolf Avenue, THENCE in a northwestern direction along the western line of Wolf Avenue, for a distance of 157.7 feet to a point, the southwestern intersection of Lare Avenue and Wolf Avenue; THENCE in a western direction along the southern line of Lare Avenue a distance of 37.2 feet to a stake; THENCE in a southern direction by lands now or formerly of Elizabeth Orth Yontz, 147 feet to a stake on the northern line of Page Street; THENCE in an eastern direction along the northern line of Page Street, a distance of 92.2 feet to Wolf Avenue, the place of BEGINNING. UNDER AND SUBJECT to certain restrictions set forth in Record Book "S", Volume 7, Page 463, which said restrictions are specifically referred to and made part hereof. AND UNDER AND SUBJECT to conditions, easements, restrictions and other matters of record and any and all matter which an inspection or survey of the property would disclose. HAVING THEREON ERECTED a two story dwelling house, known as 2203 Page Street, Camp Hill, Pennsylvania. SOLD as the property of Ilda A. Perna TAX PARCEL # 01-21-0271-124 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5548 Civil 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 ILDA A. PERNA (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 $267,683.38 L.L. $.50 Interest from 10/16/09 to Date of Sale per diem at $48.58 -- to be Determined Atty's Comm % Atty Paid $174.50 Plaintiff Paid Date: 10/16/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Deputy Supreme Court ID No. 56129 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~t~~i` ~`', " I J AA TT t ^~!.]N ,~. ~ r~ 201 ~~'l~ 23 f'~~ 3~ ~+3 ti, ~-v BAC Home Loans Servicing, LP Case Number vs. Ilda A. Perna 2009-5548 SHERIFF'S RETURN OF SERVICE 12/23/2009 09:03 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 2055 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 Ilda A. Perna, located at, 2203 Page Street, Camp Hill, Cumberland County, Pennsylvania according to law. 03/03/2010 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 March 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of ,being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 859.48 SHERIFF COST: $859.48 SO ANSWERS, ~~~ April 23, 2010 RON R ANDERSON, SHERIFF ~~ ~~~ f>~,(. chi- ~ s~- ~s' ~/~l3 Goldbeck McCafferty & McKeever BY: Micfiael T. McItieever ' Attorney I.D. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. ILDA A. PERNA (Mortgagor(s) and Record Owner(s)) 2203 Page Street Camp Hill, PA 17011 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. civi109-5548 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff in the above action, by its attorney, Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: ' 2203 Page Street Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): ILDA A. PERNA 2290 North Delaware Drive Easton, PA 18040 2. Name and address of Defendant(s) in the judgment: ILDA A. PERNA 2290 North Delaware Drive Easton, PA 18040 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 2203 Page Street Camp Hill, PA 17011 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: October l5, 2009 GOLDBECK Mc ~ F RTY & McKEEVER BY: Michael T. McKeever, Esq. Attorney for Plaintiff .r civi109-5548 GOL'DBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney LD.#56129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, 'TX 75024 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE vs. ILDA A. PERNA Mortgagor(s) and Record Owner(s) 2203 Page Street Camp Hill, PA 17011 Defendants Term No. civi109-5548 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT' A DEBT. ANY INFORI\IATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PERNA, ILDA A. ILDA A. PERNA 2290 North Delaware Drive Easton. PA 18040 Your house at 2203 Page Street, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $267,683.38 obtained by BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP against you. 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: civi109-5548 1. The sale will be cancelled if you pay to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413- 2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 4. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http:!/www.philadelphiafed.org/foreclosure/ 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 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 a civi109-5548 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa. org,/consumers/homeowners/real. aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(r~,goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-82.5-6418. Please reference our Attorney File Number of 84980FC. Para information en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lotof ground situate in the Borough of Camp Hill, County of Cumberland, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the northwestern intersetion of Page Street and Wolf Avenue, THENCE in a northwestern direction along the western line of Wolf Avenue, for a distance of 157.7 feet to a point, the southwestern intersection of Lare Avenue and Wolf Avenue; THENCE in a western direction along the southern line of Lare Avenue a distance of 37.2 feet to a stake; THENCE in a southern direction by lands now or formerly of Elizabeth Orth Yontz, 147 feet to a stake on the northern line of Page Street; THENCE in an eastern direction along the northern line of Page Street, a distance of 92.2 feet to Wolf Avenue, the place of BEGINNING. UNDER AND SUBJECT to certain restrictions set forth in Record Book "S", Volume 7, Page 463, which said restrictions are specifically referred to and made part hereof. AND UNDER AND SUBJECT to conditions, easements, restrictions and other matters of record and any and all matter which an inspection or survey of the property would disclose. HAVING THEREON ERECTED a two story dwelling house, known as 2203 Page Street, Camp Hill, Pennsylvania. SOLD as the property of Ilda A. Perna TAX PARCEL # 01-21-0271-124 WRIT OF EXECUTION and/or ATTACHMENT ,. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5548 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff (s) From ILDA A. PERNA (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 $267,683.38 L.L. $.50 Interest from 10/16/09 to Date of Sale per diem at $48.58 -- to be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $174.50 Other Costs Plaintiff Paid Date: l 0/16/09 , /s Curti .Long, Prothonota (Seal) By: ~. Deputy REQUESTING PARTY: Name: MICHAEL T. McKEEVER, ESQUIRE Address: GOLDBECK McCAFFERTY & McKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone : 215-627-1322 Supreme Court ID No. 56129 On November 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Camp Hill, Cumberland County, PA, Known and numbered as 2203 Page Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 5, 2009 By: Real Estate Coordinator ~~~~~ s~~~, \~~~~' ahe Patriot-News Co. •812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c~he ~latriot 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /22/10 1~~i1~ff2:4~~~~~ Sworn to a ~ subscribed before me X24 day of February, 2010 A.D. ~.~ . _~ ..t rz ~__ t [~ ~ . i~~ / Notary Public ``' COMMONWEALTH pF PENNSYLVANIA Notar~a! Seal Sherrie L. €tisner, No4ary Public City (J~ Hiart~;43urg~ Cauphin County PL. ~____ _. .._ 01/29/10 02/05/10 Member; PennsyH~ania Association of Notaries Docket Number: 2009-5548 Clvll Term BA'C Home Loana Serviclny, LP F/K111 Cotu~trywlde Home Loans Servicing, LP "vs.' litre A. Perna Micheal McKeever ALL THAT CERTAIN lotof ground situate in the Borough ' of ,Camp Hill, County of Cumberland, Pennsylvania, more particularly bounded and described as follows,.to;wit: BEG]NNIIVG at the northwestem intersetion of Page Stteet and Rolf Avenue, TRENCH in a northwestern dtrection alpng the western line of Wolf Avenue, for a distance of 157.7 feet to a Point, the southwestern intersection of Lare Avenue and Wolf Avenue; THENCE in a western direction aiong the southefn line of Lare Avenue a distance of 37.2 feet to a stake; THENCE in.a southern direction by hands now or formerly of Elizabeth Ortb Yoniz;147 feet to a stake on the northern line of Page. Sweet; ~9^t~t+i(~ is _eu eoe6etr, disxliO[ trslsg dte „~batm ~e of'Peae Seeet a diat~x of 4Z 2 fed fe ~'AM!uwe, the place o~ $9iFIVG: UNf1Eit AND 3U31~'t' to cet~glestrictions ser ' in-Reserd ~eok `S" „Volume 7, Page 463, which said restrictions are specifically referred to and made part hereof AND UNDER AND St~BJECT to conditions, easements, restrictions and other mallets of record aad any and a!1 matter which an inspection or survey of the property would disclose. HAVING THEREON ERECTED a two story dwelling house, known as 2203 Page Street, Camp Hill, Pennsylvania. . SOLD as the. property of Ilda A. Perna TAX PARCEL O1-21-0271.124 PROPERTY ADDRESS: 2203 Page Stteet, Camp Hill, PA 17011 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and February 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r ~ ~~~~ Marie Coyne, TO AND SUBSCRIBED before me this 5 day of February, 2010 \ ~, Notary ~ NOlARI.+OL SFH,L DEGGRfiN A CCLI_ItJS ~fOlf7*y PubilC ~ CAr.WLC 60~~D C'u ~n _~1A~f,r. CO~!NTY " ~}' L ~-~ .ssi ~n E Writ No. 2009-5548 Civil BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP vs. Ilda A. Perna Micheal McKeever ALL THAT CERTAIN lotof ground situate in the Borough of Camp Hill, County of Cumberland, Pennsylva- nia, more particularly bounded and described as follows, to wit: BEGINNING at the northwestern intersetion of Page Street and Wolf Avenue, THENCE in a northwestern direction along the western line of Wolf Avenue, for a distance of 157.7 feet to a point, the southwestern intersection of Lare Avenue and Wolf Avenue; THENCE in a western direction along the southern line of Lare Avenue a distance of 37.2 feet to a stake; THENCE in a southern direction by lands now or formerly of Elizabeth Orth Yontz, 147 feet to a stake on the northern line of Page Street; THENCE in an eastern direc- tion along the northern line of Page Street, a distance of 92.2 feet to Wolf Avenue, the place of BEGINNING. UNDER AND SUBJECT to certain restrictions set forth in Record Book `S", Volume 7, Page 463, which said restrictions are specifically referred to and made part hereof AND UNDER AND SUBJECT to conditions, ease- ments, restrictions and other matters of record and any and all matter which an inspection or survey of the property would disclose. HAVING THEREON ERECTED a two story dwelling house, known as 2203 Page Street, Camp Hill, Penn- sylvania. SOLD as the property of Ilda A. Perna. TAX PARCEL 01-21-0271-124. PROPERTY ADDRESS: 2203 Page Street, Camp Hill, PA 17011. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 3RD day of MARCH A.D., 2010, under and by virtue of a writ Execution issued on the 16TH day of OCT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 5548, at the suit of BAC HOME LOANS SERV LP against ILDA A PERNA is duly recorded as Instrument Number 201010265. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of of Deeds 1yCanNatonExptntMp~ ~ ~~ ~R ;t f~~M..i+Gfi~ iii y;~.k',~TU k. i : iw;< ;'x, arv , •.. i,. GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Andrew F. Gornall, Esquire Attorney I.D. # 92382 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 E.~., 20I0 JUG 28 v~ 12~ 01 c~ w^^ IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Docket No. 09-5548 vs. ILDA A. PERNA Mortgagor(s) and Record Owner(s) 2203 Page Street Camp Hill, PA 17011 PLAINTIFF'S REPLY TO RESPONDENT TEAM CAPITAL BANK'S NEW MATTER Plaintiff, by and through its undersigned counsel, hereby responds to Respondent Team Capital Bank's New Matter as follows: 24. Denied. The averments in paragraph twenty-four (24) are conclusions of law to which no response is necessary. 25. Denied. The averments in paragraph twenty-five (25) are conclusions of law to which no response is necessary. 26. Denied. The averments in paragraph twenty-six (26) are conclusions of law to which no response is necessary. 27. Denied. The averments in paragraph twenty-seven (27) are conclusions of s, law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests the sheriffs sale be confirmed and the lien of the Respondent discharged and divested as if proper notice under Pa.R.C.P. 3129.1 et seq had been given. Plaintiff respectfully requests the Court enter the attached proposed Order. Alternatively, if the Court believes that the Respondent did not receive due process protection, and if the Respondent opposes this Motion, Plaintiff requests that the Sheriff of Cumberland County be Ordered to place the property on the next available Sheriff's Sale list, so that only this lienholder shall have the opportunity to purchase the premises for the same price and under the same conditions of sale as existed on March 03, 2010. Respectfully submitted, GOLDBECK McCAFFERTY & McKEEVER By: Andrew F. Gornall, Esq. Attorney for Plaintff v, VERIFICATION ANDREW F. GORNALL, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Reply to Respondent Team Capital Bank's New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Andrew F. Gornall, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Andrew F. Gornall, Esquire Attorney I.D. # 92382 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Docket No. 09-5548 vs. ILDA A. PERNA Mortgagor(s) and Record Owner(s) 2203 Page Street Camp Hill, PA 17011 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Reply to Respondent Team Capital Bank's New Matter was sent by first class mail, postage pre-paid, upon the following on the date listed below: ILDA A. PERNA 2290 North Delaware Drive Easton, PA 18040 ILDA A. PERNA 2203 Page Street Camp Hill, PA 17011 SHERIFF OF CUMBERLAND COUNTY Sheriff s Office 1 Courthouse Square Carlisle, PA 17013 JACK M. SEITZ, ESQUIRE for TEAM CAPITAL BANK One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 GOLDBECK, McCAFFERTY & McKEEVER ti Date: Ta a J. ilson Litigation Paralegal BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, 7105 CORPORATE DRIVE PTX C-35 PLANO, TX 75024 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ILDA A. PERNA, 2203 PAGE STREET CAMP HILL, PA 17011 DEFENDANT AND TEAM CAPITAL BANK RESPONDENT ~ ~, ~_ _ ,.~ -„ o ~s --~, ~ ~_ ~1, f\. -,- °~ .''itT. ~w ~ y ~` t. ~ ~. _ _ .:y..t Ca v. c- ~_; NO. 09-5548 CIVIL -~- ORDER OF COURT AND NOW, this 27th day of July, 2010, upon consideration of Plaintiffs Petition to Divest Junior Lienholder, to Confirm Sheriffs Sale, or for Other Relief, the Answer of Team Capital Bank and the .Plaintiff s Reply to Team Capital Bank's New Matter; IT IS HEREBY ORDERED AND DIRECTED that a hearing and or argument on the matter shall be held on Thursday, October 7, 2010, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ~~ M. L. Ebert, Jr., J. ndrew F. Gornall, Esquire Attorney for Plaintiff ack Seitz, Esquire Attorney for Team Capital Bank ~a A. Perna 2290 North Delaware Drive Easton, PA 18040 ~11'c~a A. Pema 2203 Page Street Camp Hill, PA 17011 Bps Cumberland County Sheriff `~Ia~lja bas eon; 7~~,~/ro ~~ ~~~ BAC HOME LOANS SERVICING, LP IN THE COURT OF COMMON PLEAS OF F/K/A/ COUNTRYWIDE HOME LOANS CUMBERLAND COUNTY, PENNSYLVANIA SERVICING LP, . Plaintiff/Petitioner: VS NO. 09-5548 CIVIL TERM ILDA A. PERNA, . Defendant and TEAM CAPITAL BANK Respondent IN RE: BRIEFS ORDER OF COURT AND NOW, this 7th day of October, 2010, after oral argument in the above-captioned matter, parties will be given until October 29th, 2010, to file any supplementing legal argument to assist the Court in clarifying these issues. By the Court, v\~ M.L. Ebert, Jr., Stacy B. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 and ~ Andrew F. Gornall, Esqurie Goldbeck McCafferty & McKeever Mellon Independence Center 701 Market Street, Suite 5000 Philadelphia, PA 19106-1532 - for Plaintiff/Petitioner '~ Jack M. Seitz, Esquire One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 - for Respondent Team Capital Bank :mlc ~~PiPS W~q,. fed ID~7~IG ""? ~ r•a ~ , ~ ~v ~ -tea ~ ~~~ .°W ~ ~~ --~ ~ rrar" ~> _ ~~ ? rat ~ :.~ ~ , -' t~ .~ ---~ ~ 1 ~ ~ ; ~ ~ ~,~ ~4 =-r c_ i _~`~' --t. A BAC HOME LOANS SERVICING : IN THE COURT OF COMMON PLEAS OF LP F/K/A/ COUNTRYWIDE : CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS SERVICING LP, . Plaintiff/Petitioner: VS ILDA A. PERNA, Defendant and TEAM CAPITAL BANK Respondent NO. 09-5548 CIVIL TERM TRANSCRIPT OF PROCEEDINGS IN RE: ARGUMENT Proceedings held before the HONORABLE M.L. EBERT, JR., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, October 7, 2010, in Courtroom Number 2. OR?G? A APPEARANCES: -71 N STACY B. WOLF, Esquire For the Plaintiff/Petitioner JACK M. SEITZ, Esquire For the Respondent A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thursday, October 7, 2010 Carlisle, Pennsylvania (The following proceedings were held at 9:00 a.m.:) THE COURT: Counsel, whom are you representing? MS. WOLF: I am representing the Plaintiff. I'm here as local counsel. THE COURT: Sir, you are? MR. SEITZ: Your Honor, Jack Seitz from Lehigh County on behalf of Team Capital Bank, the Respondent. THE COURT: I asked you to come today because it's an unusual scenario. I certainly read the RTC case. What's your position? This was a recorded mortgage. They didn't get notice. It seems like it has to be redone. There's some implications in the petition that they didn't respond after we asked them to waive it. I didn't see any caselaw that says that's the case. It requires notice. And I guess from your side, I'm a little -- what's the remedy you're looking for? They're not going to pay you the $55,000, so the only thing seems to back to sheriff's sale and start the entire thing over again. MR. SEITZ: Your Honor, I don' t think -- with all due respect, I don't think the Court has that authority 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under the rule. THE COURT: What do you want to happen, that they pay you the 55,000? MR. SEITZ: I believe -- yeah. I believe the remedy is that our mortgage passes through the sale without being discharged which means it's a live mortgage and we're entitled to foreclose on it. I did not give that case to the Court in the memo I filed this morning, but the remedy for an omitted lien is that it passes through without discharge. So that's why they want to undo it because they realize that the mortgage is still of record. But because of the way Rule 3132 and, you know, a hundred years of caselaw works in this, they don't have the ability to redo the sale now because the deed has been recorded. They don't allege what they need to allege that empowers this Court to exercise its discretion to turn -- to upset the sale. And if -- but I can explain my position. MS. WOLF: Your Honor, regarding the RTC mortgage case, I believe that the facts in that case are distinguishable from the facts at hand. Your Honor, in that case the second mortgagee actually filed a petition to have the divestiture set aside. That is not what happened in this case. This 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Respondent has taken no action other than to answer our motion. In that case, the -- actually in that case, the second mortgagee was actually known ahead of time and notice should have been sent because they were aware of that second mortgagee. In our case, we -- the Plaintiff was not aware of the second mortgagee -- THE COURT: That's your fault though, isn't it? It's a recorded mortgage. That's why you do title searches and you do these things. You can't say we didn't know because it was recorded in this courthouse. MS. WOLF: Well, Your Honor, upon learning of the second mortgagee, which was, of course, after the sheriff's sale, my client did take the action of sending a waiver of notice to Respondent and received absolutely no response to that. THE COURT: They're not required to. MS. WOLF: Your Honor, I believe that they've waived the argument because they have not responded as soon as they had learned of the sheriff's sale. They had not responded. Furthermore, in the RTC case, the property was sold to a third party, not to the priority lien holder. That is distinguishable from this case. THE COURT: Well, I agree with that. That case stands for just notice to be heard. You pointed out that we published it in the paper and did two of the three 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 things that were required. But the Court said, No, we're added an extra one. Even though the rule says "x", due process requires that they get actual notice. I don't see how you get around that. MS. WOLF: Your Honor, here the Respondent did nothing for three months after the sheriff's sale in March. All that they did was file an answer. THE COURT: I know. But what authority do you have that they were required to do anything? They recorded their mortgage, and it wasn't satisfied. What else do you have to do? MS. WOLF: Well, Your Honor, as in RTC, they actually filed a petition to have the divestiture set aside. They responded that -- THE COURT: I know. He doesn't want to set it aside because he wants his mortgage satisfied. Again, I'm looking for something that says they are required to do something, and it doesn't appear. It's just a mistake was made. Now it's a question of remedy for my part. I was thinking, well, it's going to go back and the whole thing has to be redone again. The memorandum you provided this morning, you're saying that's not the way it works? MR. SEITZ: If I may, we're not asking for this Court for any relief other than to deny their petition because I think the lawyers for the junior lien holder in 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RTC were misinformed and did not understand Pennsylvania law on this subject. And the law is -- and by the close of business today, I can get Your Honor by fax a site to the case. I just don't know it off the top of my head. The law in Pennsylvania is that -- and I'm willing to gamble on this. I'm not asking Your Honor to divest them to turn over the sale. I'm willing to gamble I'm so certain it's the law that our lien passes through the sale without being effected which explains why they're here by the way because they know that. Okay. Now because of that, the only relief I want is for the Court to deny their petition. So we're not looking for a remedy other than the denial of relief. But we start with what it is they're asking the Court to do. Although they adroitly motor around this, this is controlled by Rule 3132 which is the rule that talks about upsetting a sheriff's sale. It's the remedy by which an interested party -- that's the phrase used in the rule -- can upset a sheriff's sale. And the rule couldn't be clearer in terms of timing. It says that interested party is entitled to move to upset a sheriff's sale as long as the petitioners file before the deed is recorded. Okay. In this case it's undisputed from the filings in the record that the sale was held in March, the 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deed was recorded in April, and the petition was filed in May. So they already had title to the property. The deed was -- in fact, the law says that it's from the time the deed is acknowledged. We are one better than that. The sheriff's deed was actually recorded when they filed the petition. Now as soon as that happens, that changes they world of remedy that this Court can issue because what the law says -- and this is what is in my memorandum -- is that once that deed is recorded, all of the issues about inadequacy, price, defects with notice, all of that is foreclosed, it's waived by any one entity because the policy is that there comes a time when the transaction -- because make no mistake about it, the sheriff's deed is in fact a conveyance. And because of the policy that promotes the clear and unfettered exchange of the real estate requires it, once that deed is recorded that's it. Okay. The only thing that interested party can raise after that point is something to do with the sale, something that vitiates the sale itself, fraud having to do with the sale, lack of power to conduct the sale. And I cited the caselaw; I cited the rules to the Court in my memorandum on that. They don't allege those things. So since they don't allege them, they have the 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 burden of proof. They are not entitled to relief. So the courts -- the 3132 is an equitable rule that allows the Court substantial discretion as long as the petition is timely filed. So because the deed was recorded already, they have a circumscribed set of issues that they're permitted to raise. They don't even allege the ground that the law affords as a possible remedy. They don't say it. They don't say there was anything wrong with the sale in terms of the protocols that were filed. They don't say my client was somehow complicit in their failure to give my client notice. They don't say any of the things that would entitle them to relief under Rule 3132 after the deed is recorded. So timeliness here controls this case, and I don't think that the case -- THE COURT: I'm sorry to interrupt you. There's no equitable power in this? It's just the Court to just say -- it doesn't seem fair. What would have happened had you had gotten notice or your client, Team Capital, had gotten notice? What do you think would have happened with that? MR. SEITZ: The mortgage would be discharged.1 No doubt. THE COURT: It's fair to say you are simply 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now kind of in driver's seat in essence in saying they made a mistake and now we're ready to foreclose and they're going to have to pay us the 55,000, correct? MR. SEITZ: Your Honor, I try to -- I think you put it succinctly. It is -- we are what we are. This is my specialty. I saw the open -- THE COURT: I see the reason why. MR. SEITZ: And let me tell you that doing many, many sheriff's sale myself, I live in fear of missing a lien because of this very thing. This is the type of thing that can happen, and this is why it's so imperative for a foreclosing creditor to have not just a current owner search but a full title search going back 60 years to make certain it is correct because as the foreclosing creditor, the foreclosing creditor takes the risk. And my client -- like I said, the law -- you know, I've always thought that the remedy that comes through this area of law that the lien passes through without being discharged is probably not appropriate. I mean, I'm not here to discuss the philosophical angle to it. I can certainly make a case that it's harsh and has some policy problems with it, but that's the law. That's the current state of the law in Pennsylvania. So from our perspective because the list of issues that can be raised now is so circumscribed and because they don't raise 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 those issues and can't meet the burden of proof on them, they lose. Now if that's not enough, then you have to look at recent articulations in cases like this. Like this, meaning cases where the executing creditor itself is trying to undo its own sale because that's what we have. It's a little unusual. It does happen though, and it happened most recently in a Superior Court decision in August of this year. I cited the case in my memorandum. It's Irwin Union v. Famous; and what happened in that case is that -- well, in that case, it wasn't the executing creditor. It was the successful bidder. He won the bid. He got what he wanted, but what he didn't realize was that the property was subject to a senior lien. So when he got the deed -- he might have filed timely. I'm not even sure. He filed a petition that said, I didn't know there was a senior lien. And there was a practice in Chester County of the executing creditor announcing before the sale that there were -- that the sale was subject to senior liens. And because they didn't follow that procedure here, I should have relief. And the Court said, too bad, in essence because even if that is a custom, it's not part of the rules and it doesn't entitle you to relief. You may be an 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interested party in the sense that you have an interest in the real estate; but you're not an entitled party that this rule was intended -- that this procedure is intended to protect. So we cite that case. And we also cite a case National Penn Bank v. Shaffer which essentially stands for the same thing. Your Honor, the rules have changed since then; but in National Bank v. Shaffer -- National Penn Bank v. Shaffer, the creditor failed to have someone go to the sale. Okay. And the sale proceeded. Somebody bought the property, and the foreclosing creditor's interest was discharged. And, obviously, the property sold for less. They didn't get their money. And the Superior Court said too bad because this was your own fault and it is what it is. And that's what we have here. We have two problems that cannot be overcome in this case; and I don't -- I just don't think there's a lot of room here to move. I agree that the -- that the position we're taking is harsh and leaves this creditor without an ample remedy. But I can tell you I've been aware of this problem for 20 years. It's out there, and it happens from time to time. And that's what occurred here. You know, it could have been resolved quite easily by them getting a title search or reacting to a title search in time to give 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my client notice. I have no problem saying to the Court because it is fairly obvious with $300,000 in front of us had we gotten notice we would not have acted to protect our interest and our interest would be discharged. I don't think it gets them anywhere; and I also agree with the Court, Your Honor, that -- that there is reliance on this issue about us not responding to them. Where does that get them? I'm not aware of any duty that we have to help them correct their mistake. I don't know why the client didn't respond to this -- excuse me. I don't know when my client first found out about this, when letters were sent and so forth. I got in the case -- I found out about it when they filed their petition. That's when they got outside counsel to look at this. I don't think any of that matters because what they're trying to do is to project their failure to follow what are fundamental requirements in this area of law onto my client. But the law puts no duty on us to have done anything. So, you know, is it harsh, yes. I can't stand here and tell the Court otherwise. Can I argue issue of prejudice? No. I don't think the Court can get there because I don't think that the law permits an -- the issuance of a remedy to this. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: I realize you're just local counsel. You only got this other memorandum this morning also? MS. WOLF: Yes, Your Honor. I just had gotten it this morning. Your Honor, the Respondent just admits there is no prejudice here; and that is one of our other arguments is that if we were to go back to sheriff's sale with the upset price of being $307,700, they would have not have bid to go beyond the upset price. So they have not been prejudiced by this failure to receive notice. THE COURT: That's the whole purpose though of why we have a recorder of deeds and you do title searches. You have to admit that your client really screwed up. MS. WOLF: Your Honor, it was definitely a clerical error on my client's part. THE COURT: So the only hope you have is based -- and again, there has been no caselaw cited to anything that entitles you to the remedies you ask for other than equitable relief, right? MS. WOLF: Actually, Your Honor, I do have a case; and that was the Gambler case, Superior Court case from 1996. And that is in the motion and the brief that went along with that. Your Honor, that case does permit us to seek 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the remedy that we are asking for in the alternative which is if the motion is not granted, then we are asking that you set aside the sheriff's sale and only to be able to provide the Respondent notice as required pursuant to Rules of Civil Procedure 3129.2 and then to provide the Respondent the opportunity to purchase the property at the sheriff's sale, the soonest sheriff's sale that we can go ahead and have scheduled. And then if the new sale is ordered, we are asking that the only notice that be required is mailing the notice to the Respondent. And that relief is -- is something that we can seek pursuant to the Gambler case. THE COURT: Are you familiar with that case? MR. SEITZ: I haven't read the Gambler case, Your Honor. But all I need to do is Rule 3132 is amazingly brief. Here's what it says. This is from the Rules of Civil Procedure. It's quoted on page 2 of my memo. Upon petition of any party in interest before delivery of the personal property or of the sheriff's deed to real property, the court may, upon proper cause shown, set aside the sale. That timing factor is in there, and I think it limits what this Court can do. Now, I don't know when the petition in Gambler was filed. I think that will be a relevant issue, but you heard counsel herself say that it 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 becomes an issue of upsetting the sheriff's sale. And the Court can't upset the sheriff's sale except on certain issues if the deed has been recorded, and that's what has happened here. So we're left with a point where -- and, Your Honor, I'm going back to something I said in my argument earlier. I find when you start making foreclosure disputes, not so much this one, there's an undercurrent that goes through Pennsylvania law here. And that is that we have a peculiarly strong public policy in Pennsylvania that -- to promote the free conveyance of real estate without liens going back hundreds of years. That rule, for example, puts us in a small minority of states regarding our Pennsylvania's view of prepayment penalties. We presume a right to prepay while the rule in most states is -- at least in a loan secured by mortgage, the law in most states doesn't. And the reason for that is that there's this policy, and there are Supreme Court Pennsylvania cases on that. That's what we're seeing at work here. Once that deed is recorded, that changes everything. And that's what happened here. They didn't react to this until long after it happened, and now they're trying to blame my client for not agreeing to let them fix it. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But the law doesn't require that. I would say, Your Honor, that Rule 3132 by its very terms says when the Court can upset the sale; and there is some exceptions to that timing element in Rule 3132. But they don't allege them, and they certainly don't have any witnesses here that can prove them. And there's no such proof. THE COURT: All right. I know you'll have to talk to your clients also. Anybody who wants to file any other memorandum on this, I'm going to ask you to do it before the 29th. And you get to look at this case that she just cited and distinguish that. You can respond to the memorandum he filed today. I think we all know what the issues are. It's whether or not there is some authority for this Court to have equitable power to set aside this sale and redo it. They're basically saying you made a serious mistake and you have to suffer the consequences. So it's pretty cut and dry, but it's kind of an interesting thing. I have never seen that happen before. I'll enter this order: ORDER OF COURT AND NOW, this 7th day of October, 2010, after oral argument in the above-captioned matter, the parties will be given until October 29th, 2010, to file any supplementing legal argument to assist the Court in clarifying these 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issues. Satisfactory? MR. SEITZ: Yes, Your Honor. Thank you very much. (The proceedings concluded at 9:30 a.m.) 17 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. 4MnyL. rte PR Officia Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. lD III, b Dat 1?k I, ?_a M.L. Ebert, Jr., 18 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, 7105 CORPORATE DRIVE PTX C-35 PLANO, TX 75024 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ILDA A. PERNA, 2203 PAGE STREET CAMP HILL, PA 17011 DEFENDANT AND TEAM CAPITAL BANK RESPONDENT : ct -OZ rn Co 6 Cni z o r--- z C1 > - ? h 3 c n4 - c, ? -ti c7 ::0 NO. 09-5548 CIVIL -c: ORDER OF COURT AND NOW, this 1St day of December, 2010, upon consideration of Plaintiff's Petition to Divest Junior Lienholder, to Confirm Sheriff's Sale, or for Other Relief, Team Capital Bank's Answer thereto, and Plaintiffs Reply to Team Capital Bank's New Matter; and after oral argument on October 7, 2010; IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Petition to Divest Junior Lienholder, to Confirm Sheriff's Sale, or for Other Relief is DENIED. This Court finds the holding in Mortgage Electronic Registrations Systems, Inc. v. Ralich, 982 A.2d 77 (Pa.Super. 2009) controlling with regard to the issues presented in this matter. By the Court, ,vt U - M. L. Ebert, Jr., J. ndrew F. Gornall, Esquire Attorney for Plaintiff ack Seitz, Esquire Attorney for Team Capital Bank da A. Perna 2290 North Delaware Drive Easton, PA 18040 _,-.Hd'aA. Perna 2203 Page Street Camp Hill, PA 17011 Cumberland County Sheriff - PEA S 04) /1v bas