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HomeMy WebLinkAbout09-5581 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 210900 BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. DAWN K. NICKEL 112 VIRGINIA AVENUE CARLISLE, PA 17013-1072 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Of-5-,5-0 0J- J;1 CUMBERLAND COUNTY We herf.A?a certify the within to be a true an correct rd 1,py of the original filed of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 210900 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 210900 Plaintiff is BAC HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DAWN K. NICKEL 112 VIRGINIA AVENUE CARLISLE, PA 17013-1072 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/22/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FRANKLIN AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1998, Page 1529. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 210900 6. The following amounts are due on the mortgage: Principal Balance $138,103.83 Interest $8,664.81 09/01/2008 through 08/07/2009 (Per Diem $25.41) Attorney's Fees $1,325.00 Cumulative Late Charges $493.02 06/22/2007 to 08/07/2009 Cost of Suit and Title Search 750.00 Subtotal $149,336.66 Escrow Credit $0.00 Deficit $492.14 Subtotal 492.14 TOTAL $149,828.80 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at 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(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 210900 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $149,828.80, together with interest from 08/07/2009 at the rate of $25.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, By: U Lawrence T. Phelan,-Esq.,-Id. No.32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? She tal R. Shah-Jani, Esq., Id. No. 81760 ? J me R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 210900 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of Virginia Avenue at the dividing line between Lots Nos. 51 and 52 on the hereinafter described Plan of Lots; thence along said dividing line South twenty-five (25) degrees fourteen (14) minutes fourteen (14) seconds East one hundred fifty and zero hundredths (150.00) feet to a point; thence along lands now or formerly of Pheasant Run Estates South sixty-four (64) degrees forty-five (45) minutes forty-six (46) seconds West twenty-two and zero hundredths (22.00) feet to a point; thence along the dividing line between Lot Nos. 50 and 51 on said plan North twenty-five (25) degrees fourteen (14) minutes fourteen (14) seconds West one hundred fifty and zero hundredths (150.00) feet to a point on the Southern right-of-way line of Virginia Avenue; thence along said right-of-way line North sixty-four (64) degrees forty-five (45) minutes forty-six (46) seconds East twenty-two and zero hundredths (22.00) feet to a point, the place of BEGINNING. CONTAINING 3300 square feet and BEING Lot No. 51 of the subdivision plan for Noll Manor, Section 12, as recorded in Cumberland County Plan Book 33, Page 109. BEING known and numbered as 112 Virginia Avenue. BEING THE SAME premises which Jeffrey V. Reifsteck and Melanie Reifsteck, husband and wife, by Deed bearing date the 22nd day of June, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Dawn K. Nickel. File #: 210900 UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 29-16-1094-406 PROPERTY BEING; 112 VIRGINIA AVENUE File #: 210900 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to DATE:??94 J Lawrence T. Phelan, Esq.,-Id.-No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 Q,Knine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff File #: 210900 D 2 rtt,!, 91i! fG d ? ' lid: : ,-o P'? a??' 6k b' P3 ? a-19 ? ?qoS-.2- Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor BAC Home Loans Servicing, LP vs. Dawn K. Nickel Case Number 2009-5581 SHERIFF'S RETURN OF SERVICE 08/13/2009 03:15 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2009 at 1515 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dawn K. Nickel, by making known unto herself personally, defendant at 112 Virginia Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, .? August 14, 2009 R THOMAS KLINE, SHERIFF BY T????..? t? I 'CE 2009 AUG 17 iA?j 9: 11 lutlt? tir'? IV 4, s? I Deputy Sheriff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP Plaintiff VS. DAWN K. NICKEL A/K/A DAWN KRISTAN NICKEL Defendant(s) ATTORNEY FOR PLAIN FF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-5581 CIVIL TERM : CUMBERLAND COUNTY PHS #: 210900 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP ey for Plaintiff By: ? e ce T. Phelan, Es ., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? heetal R. Shah-Jani, Esq., Id. No. 81760 [Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-9-09 PHS #: 210900 I ., ' . VERIFICATION David Perez hereby states that he/she is ?-,?,?ce President of BAC HOME LOANS SERVICING, L.P., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to th best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relati g to unsworn \ n falsification to authorities. \IX\ // DATE: AUG 21 2009 File #: 210900 Nickel Name: Titt : vid Perez, Asst. Vice Presld0t Company: BAC HOME LOANS SERVICING,', L.P. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP Plaintiff VS. DAWN K. NICKEL AWA DAWN KRISTAN NICKEL : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-5581 CIVIL TERM CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach V of Complaint was sent via first class mail to the following on the date listed below: DAWN K. NICKEL A/K/A DAWN KRISTAN NICKEL 112 VIRGINIA AVENUE CARLISLE, PA 17013-1072 Phelan Hallinan & Schmieg, LLP Date: 9-9-09 leys f r Plaintiff nce T. Phelan, Es Id. No. 32227 S. Hallinan, Es ., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Wicnine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 F{LED4)i-FiCE OF ?HE PAR-;??,G?,N"DTARY 200° SEP I I Frl I'. 5 7 ,-r , L' v _ ,r;L ?'? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ,,Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP VS. DAWN K. NICKEL : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-5581 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAWN K. NICKEL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $149,828.80 Interest - 08/08/2009 to 09/23/2009 $1,194.27 TOTAL $151,023.07 I hereby certify that (1) the Defendant's last known address is 112 VIRGINIA AVENUE, CARLISLE, PA 17013-1072, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Lawrence T. Phel quire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ,,-13lfeetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9 02,E D PHS # 210900 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION DAWN K. NICKEL : No. 09-5581 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAWN K. NICKEL is over 18 years of age and resides at 112 VIRGINIA AVENUE, CARLISLE, PA 17013-1072. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. - U&A?' ? Lawrence T. Phel sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ?eetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-5581 CIVIL TERM DAWN K. NICKEL Defendant(s) TO: DAWN K. NICKEL 112 VIRGINIA AVENUE CARLISLE, PA 17013-1072 DATE OF NOTICE: September 3, 2009 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 210900 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 210900 CtJA J ..?. $t'-. oo PD A-MY CO 855'110 R:[*a3to43 Nv?ce (Rule of Civil Procedure No. 236) - Revised BAC HOME LOANS SERVICING, LP VS. DAWN K. NICKEL 112 VIRGINIA AVENUE CARLISLE, PA 17013-1072 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 09-5581 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on L-151[o By: lqljf.% ryou have any questions concerning this matter please contact: Lawrence T. Phelah, E dire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ---3fiieetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** F T<< li? i t!"a i • 2 1 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, LP CUMBERLAND COUNTY Plaintiff, n o COURT OF COMMON P~,~S ..~~ -_-. --c CIVIL DIVISION ~_ ~;:' DAWN K. NICKEL A/K/A DAWN KRISTAN ~' ~- ° r r~ ~-;,'-~ NICKEL No. 09-5581 CIVIL TER1V~ ,_ . -~ ~ ~ `~, Defendant(s) ~'t" ~~ ~' ~= '" r i U? AFFIDAVIT OF SERVICE PURSUANT TO RULE 3x29.1 = COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(x) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". i 1' 1 L ^ L rence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, I:sq., Id. No. 208375 _ Attorney for Plaintiff Date: ,~ ' ~ ~ "/ n IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 210900 aW d rl 0 N N 0 0 L, C"" O ~v ~~ .~ ~N ~o N .--. ~ 'b ~ ~ ~ ~ a T..' .4: ~ ~+ ~i Q ~' ~' ~ 'C ~ ~ ~ ~ N .~ o~..~OOa r ~ `' ~b ~~~ b ~ z¢o u o ~ ~ A m u'A ~ T G N N p, .~ a0o ~ y ~~ w b ~° ~ r ~= v '~ ~ _ E c ~ °' s o ~ s ~ ~aa~ d¢ woa~ a~idw ~ ~ A O 7 ~ (~ ~ o~oz soNdr sszccztiooo ,, ~ ~ a`~ o9z- ca ~ w~ z o ~. ~ ~ W ~ 53MOR A3Nltrf - _~ f t0 ~ ® ~ 5 ` N u a o ' ~~ ~ y ~~ a ~ ; .~ od s ~ O ~ v 3 s A .s .. ~ E y ti ti ~ Q+ ~' c E ~ v v M 'O N Y ~ N E t "' ~ , ~ s , =o~o> ° , s W `_ ~ asv 0 F ~ ~ C v p 0 O O v n A •„ '.~9 ~ ~ °o a 5 v T~ ~'a = Z d ~ _ g o~~'w a _ ~ ~ ~G a N C ~O ' ~ U N C ~~/] W W _ ~~2 0 ~o AC~E~ y v ~.~ E j X T ~ ~ V „ _ `~~ Eo U `~ . y y O ~w~a~~ a z H L b Q w O ~ V W > O ~ . ~ +, v, Q a a E m a, A 4 Ts = ~ Q ~ ~'- a RS N ~ ; i d ~ F v C a z M w ,~~., aCi ~ G ~ ~Wo °~v~ C i. M cs.~ .. ~., a~ l~ U ~ y it ~dQ V ~ 7r o ~ ~~ LC CJ ~ O 03 ~ ~'' C ~ Q I ~ z ~ y u x ' Q E y V~ ~~ L1+ ~ y N L ~ ~ i , a~ ~ ~ a~ .C O ... ~" ni t. A z' ~ ~ z N F~ BEZi, A U~ U Bo, ~. ~ CC U A a x W x :9 u ~a U r a~ ~ ~ ~ ~ z * ~ ~ ~ ~.. ~ .~ ~ v y .~ z `' ~--~ N M el' Vl ~O t~ 00 O~ ~ .~y ~ ~ ~ ~ 5 v a Fa <' ~ 's ~~ ~ 1 ~~ _r,7 'T,` . f/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy m Richard W Stewart - Solicitor BAC Home Loans Servicing, LP Case Number vs. Dawn K. Nickel 2009-5581 SHERIFF'S RETURN OF SERVICE 03/30/2010 07:40 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 1937 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 Dawn K. Nickel, located at 112 Virginia. Avenue, Carlisle, Cumberland County, Pennsylvania according to law. 04/21/2010 09:26 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/21/10 at 2124 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dawn K. Nickel, by making known unto, Dawn K. Nickel, personally, at, 112 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania its contents and al the same time handing to her personally the said true and correct copy of the same 05/24/201,0 Property sale postponed to 8/4/2010. 08/02/2010 Property sale postponed to 10/612010. 10/06/2010 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 outcryat the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 6, 2010 at 10:00 o'clock A.M. He sold the same for the sum of `$1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corp., of, 8200 Jones Branch Drive, McLean, VA 22102, , being the buyer in this execution, pair to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $807.19 November 08, 2010 SO ANSWERS, RON ? R ANDERSON, SHERIFF SAC HOME LOANS SERVICING, LP `Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. NO. 09-5581 CIVIL TERM DAWN K. NICKEL A/K/A DAWN KRISTAN NICKEL Defendant . CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1. BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 112 VIRGINIA AVENUE, CARLISLE, PA 17013-1072. 1. Name and address of Owner or reputed Owner: Name Address (if address cannot be reasonably ascertained, please so indicate) DAWN K. NICKEL A/K/A DAWN KRISTAN NICKEL 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 112 VIRGINIA AVENUE CARLISLE, PA 17013-1072 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 112 VIRGINIA AVENUE CARLISLE, PA 17013-1072 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities -? December 30, 2009 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 El F cis S. Hallinan, Esq., Id. No. 62695 .aff aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? `Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R, Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq:, Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 [] Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No, 90134 © Chrisovalante P. Fliakos, Esq.; Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, LP : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 09-5581 CIVIL TERM DAWN K. NICKEL A/K/A DAWN KRISTAN NICKEL : CUMBERLAND COUNTY Defendant : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAWN K. NICKEL A/K/A DAWN KRISTAN NICKEL 112 VIRGINIA AVENUE CARLISLE, PA 17013-.1072 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR, THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.' Your house (real estate) at 112 VIRGINIA AVENUE, CARLISLE, PA 17013-1072 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $151,023.07 obtained by BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the. Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of yDur 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office, This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-5581 CIVIL TERM BAC HOME LOANS SERVICING, LP vs. DAWN K. NICKEL A/K/A DAWN KRISTAN NICKEL owner of property situate in the Township of North Middleton, Cumberland County, Pennsylvania, being (Municipality) 112 VIRGINIA AVENUE, CARLISLE, PA 17013-1072 Parcel No. 29-16-1094-406 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $151,023.07 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of Virginia Avenue at the dividing line between Lots Nos. 51 and 52 on the hereinafter described Plan of Lots; thence along said dividing; line South twenty-five (25) degrees fourteen (14) minutes fourteen (14) seconds East one hundred. fifty and zero hundredths (150.00) feet to a point; thence along lands now or formerly of Pheasant Run Estates South sixty-four (64) degrees forty-five (45) minutes forty-six (46) seconds West twenty-two and zero hundredths (22.00) feet to a point; thence along the dividing line between Lot Nos. 50 and 51 on said plan North twenty-five (25) degrees fourteen (14) minutes fourteen (14) seconds West one hundred fifty and zero hundredths (150.00) feet to a point on the Southern right- of-way line of Virginia Avenue; thence along said right-of-way line North sixty-.four (64) degrees forty-five (45) minutes forty-six (46) seconds East twenty-two and zero hundredths (22:00) feet to a point, the place of BEGINNING. CONTAINING 3300 square feet and BEING Lot No. 51 of the subdivision plan for Noll Manor, Section 12, as recorded in Cumberland County Plan Book 33, Page 109. BEING known and numbered as 112 Virginia Avenue. BEING THE SAME premises which Jeffrey V. Reifsteck and Melanie Reifsteck, husband and wife, by Deed bearing date the 22nd day of June, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Dawn K. Nickel. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TAX MAP 29-16-1094-406 TITLE TO SAID PREMISES VESTED IN Dawn K. Nickel, single person, by Deed from Jeffrey V. Reifsteck, married man, dated 06/14/2007, recorded 07/03/2007 in Book 280, Page 3990. PREMISES BEING: 112 VIRGINIA AVENUE, CARLISLE, PA 17013-1072 PARCEL NO. 29-16-1094-406 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-5581 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, Plaintiff (s) From DAWN K. NICKEL a/k/a DAWN KRISTAN NICKEL (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 $151,023.07 L.L. $.50 Interest from 9/24/09 to Date of Sale ($25.17 per diem) -- $6,342.84 Due Prothy $2.00 Other Costs Plaintiff ;y4. DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Atty's Comm % Atty. Paid $152.40 Paid Date: 1/06/10 (Seal) REQUESTING PARTY: id D. Buell, Proth notary Deputy On March 22, 2010 the Sheriff levied upon the. defendant's interest in the real property situated in North Middleton Towiiship, Cumberland County, PA, Known and numbered as, 112 Virginia Avenue, Carlisle, more fully described on Exhibit "A" fled with this writ and by this reference :incorporated, herein;, Date: March 22, 2010 By: c6j_?, Real Estate Coordinator LO it 4? 'St Vi P?ippgq1. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 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 sulject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-5581 Civil BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP vs. Dawn K. Nickel Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-5581 CIVIL, BAC HOME LOANS SERVICING, LP vs. DAWN K. NICKEL A/K/A DAWN KRISTAN NICKEL, owner of property situate in the Township of North Middleton, Cumberland County, Pennsylvania, being 112 VIRGINIA AVENUE, CAR- LISLE, PA 17013-1072. Parcel No. 29-16-1094-406. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $151,023- .07. f 111\\\yyy ? sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 da of April, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2414 The Patriot-News Co. 020 Technology Pkwy Suite 300-- Mechanicsburg, PA 17050 Inquiries - 717-255-8213 c?e?lahAOt Neu?s Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin)` ss 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 Writ No. 2009-5581 Civil Term B.` I Home Loans Servicing, LP F/K. A Countrywide Hones Loans Servicing, LP. Vs. Dawn K. Nickel Atty:'Daniel Schmieg irtu( A a Writ of Execution NO. 09-5581 1% IL TERM BAC HOME LOANS SERVICING, LP DAWN K. NICKEL AAQA DAWN KRISTAN NICKEL Tuner of property situate in the Township of North Middleton, Cumberland County, Pennsylvania, being (Municipality) 112 VIRGINIA AVENUE, CARLISLE, PA 17013.1072 Parcel No. 29-10- 10(A-406 u (Acreage or street address) . Improvements thereon: RESIDENTIAL 'DWELLING JUDGMENT AMOUNT: x$151,023.07 This ad ran on the date(s) shown below: % ... ... ...... ........... Sworn to an scribed before m thi f y of May, 2010 A.D. Public COMMONWEALTH PSPSNNSYLVANIA -- Notarial S6alil Sherrie L. KW W, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Assodation of Notaries 04/16/10 04/23/10 04/30/10 ,, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 6th day of October A.D., 2010, under and by virtue of a writ Execution issued on the 6th day of January, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 5581, at the suit of BAC Home Loans Ser LP against Dawn K aka Dawn Krisan Nickel is duly recorded as Instrument Number 201032588. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of nt? , A.D. 2i) ( G A s-, Recx &afDe9ds Q +dt .PA - Recover of Deeds My tAt?rtMW fVkftgo Fret11W ft CCJM 2M