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HomeMy WebLinkAbout09-6209J ' GOLDBECK 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. ANDREW G. SHUGHART Mortgagor and Record Owner 434 Factory Street Carlisle, PA 17013 Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the follow you must take action within twenty (20) days after the Complaint and notice are served, by enterin€ appearance personally or by attorney and filing in writing with the court your defenses or objection claims set forth against you. You are warned that if you fail to do so the case may proceed without judgment may be entered against you by the Court without further notice for any money claim in tb of for any other claim or relief requested by the Plaintiff. You may lose money or property or other important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOS LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI, 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 YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES Ti PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Ing pages, a written to the you and a Complaint rights HAVE A IELOW. ROVIDE ELIGIBLE AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPOND DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFEN ERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ES', RITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ES DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIk CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, bECIDIR A IN THE COURT OF COMMON, 'LEAS i OF Cumberland COUNTY I CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. (? 1r. ?DrJ CIVIL ACTION: M4p; TG AG 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 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 again?t 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 number: 717-243- 9400 or. 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.a!5px. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or ff jme Retention options. 6). Foreclosure Resource Center: hiip://www.philadelphiafed.orv-/foreclosure/ 7). 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@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figurei Od/or package you requested will be mailed to the address that you request or faxed if you leave a messag 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 871 8FC. 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 name and address of the Defendant is ANDREW G. SHUGHART, 434 Factory Street, Carlisle, PA 17013, who is the mortgagor and record owner of the mortgaged premises hereinafter described. 3. On September 29, 2005 mortgagors made, executed and delivered a mortgage upon the Pro erty hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC1, ACTING SOLELY AS A NOMINEE FOR GATEWAY FUNDING DIVERSIFIED MORTGAGES RVICES, L.P., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1925 Page 4139. The mortgage has been assigned to: BAC HOME LOANS SERVICING,, P FKA COUNTRYWIDE HOME LOANS SERVICING LP by assignment of Mortgage. PlaintiO s the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last cord holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording wx h 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' f Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach document to pleadings if those documents are matters of public record. i 4. The Property subject to the Mortgage is more fully described in the legal description set fort as Exhibit "A" ("Property"). ?I 5. The mortgage is in default because the monthly payments of principal and interest are due 4 d unpaid for January 01, 2009 and each month thereafter and by the terms of the Mortgage, upon defi ult in such payments for a period of one month or more, the entire principal balance and all interest d k and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$59,696.32 Interest from 12/01/2008 through 08/25/2009 at 6.2500% .......................$2,738.96 Per Diem interest rate at $10.22 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$2,984.82 Late Charges from 01 /01 /2009 to 08/25/2009 .............................................$167.84 Monthly late charge amount at $20.98 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $141.82 $66,487.94 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above m' be less than the amount demanded based on work actually performed. The Attorney's Fees request are 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. Plaintiff is not seeking a judgment of personal liability (or an "in "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 has been sent to Defendant by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct ?opy of such notice(s) attached hereto as Exhibit "B". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $66,4 7.94, together with interest at the rate of $10.22, 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 roperty. By: ' GOLD CK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Michael T. McKeever, Esquire, hereby states that he; is i attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the Verification could nb? be obtained within the time allowed for the filing of the pleading that he is authorized to make this verification pursuant; to Pa.R.C.P 1024(c) and that the statements made in the foregoing i pleading in the Civil Action in Mortgage Foreclosure are b4sed upon the information supplied by Plaintiff and are true and correct to the best of his knowledge, information and bel?ef. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by couns?l. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Michael T. McKeever, Esquire PA I.D. #56129 #87198FC ANDREW G. SHUGHART 434 Factory Street Carlisle, PA 17013 Prepared By and Return To: Beth Grade] GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 GMM File Number: 87198FC ParcelID#: 06-20-1798-183 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. (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 ANDREW G. SHUGHART , Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. Bearing date of. September 29,2005; Amount Secured: $62,168.00; Recorded on October 05,2005; in Book 1925 Page 4139; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 434 Factory Street, Carlisle, PA 17013 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO 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 Assignor, by its appropriate corporate officert sc u? nd sealed with its corporate seal this Assignment of Mortgage on this day of t V L 2009. (Affix Corporate Seal) ss: STATE OF TOM ) COLLIN COUNTY OF SEP 0 8 2009 BE IT REMEMBERED, that on this day of , 2009, before me, the subscriber, a Notary Public personally appeared Kimberly Dawson. Vice President FUNDING DIVERSIFIED MORTGAGE SERVICES LP. 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 v*uatac t and deed of such corporation made by virtue of a Resolution of its Board of Directors. '1 _ --------- . Notary Pu ?c > My commission expires:©3/6q 1-:>0 1 hereby certify the address of the Assignee is: Debbie L DeY '?? ?310912(l Case #: 87I98FC MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTINO SOLELY AS A NOMINEE FOR GATEWAY! FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. EythibitA ALL THAT CERTAIN lot of ground situate In the FMh Word of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the West side of Factory Street, which point is 240 feet South of "A' Street, thence alone lot now or fonnady of Mary V. Herman, North 83 degrees 41 minutes West, a distance of 180.5 feet to a post on an alley, theme along sold alley South 08 degrees 07 minutes West, a distance of 15.4 feet to a post; thence along lot now or forrnerly of Joseph Dewah, South 83 degrees 04 minutes East, a distance of 96.9 feet to a point thence along the some, South 83 degrees 52 minutes East, a distance of 83.4 feet to a point on Factory Street; thence along sold Factory Street, North 06 degrees 13 minutes East 15.9 feet to a point, the place of BEGINNING. BEING improved with a two-story frame dwelling house known as and numbered 434 Factory Street, Carlisle, Pennsylvania and garage. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. BEING THE SAME PREMISES which Virginia Adams, by her deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Andrew G. Shughart. I Certify this to be recorded In Cumberland County PA Recorder of Deeds E.Xhibit (B Ecoun&rMcW 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 7113 8257 1473 2114 9422 1,IJIIIIIIIIIIIIIIILJI,IILIIIIJ1J1111111l,JI,LI1JJI,11 Andrew G Shughart 434 FACTORY ST CARLISLE, PA 17013-1851 20090322- BLQPA2 PRESORT FiOst-Class Mail U.S, Postage and Fees Paid WSO 1088-v22 0 ®Countrywide- HOME LOANS P.O. Box 660694 Dallas, TX 75266-0694 Send Payments to: P.O. Box 660694 Dallas, TX 75266-0694 March 20, 2009 Andrew G Shughart 434 FACTORY ST CARLISLE, PA 17013-1851 Certified Mail 7113 8257 1473 2114 9422 Return Receipt Requested Account No.: 106728679 Property Address: 434 Factory Street Carlisle, PA FHA/VA Case #: 4417716385703 NOTICE OF INTENTION TO FORECLOSE Countrywide Home Loans Servicing LP (hereinafter "Countrywide") services the home loan described above onehalf of the holder of the promissory note (the "Noteholder"). The home loan is in serious default because the required paymets have not been made. The total amount now required to reinstate the loan as of the date of this letter is as follows: I Monthly Charges: 01101/2009 $1,529.82 Late Charges: 01/01/2009 $61.20 Other Charges: Uncollected Late Charges: $89.90 Uncollected Costs: $30.00 Partial Payment Balance: ($0.80) TOTAL DUE: $1,710.12 You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter. To cure the default, Countrywideust receive the amount of $1,710.12, plus any additional monthly payments, late charges, fees and other applicable charges Which may fall due during this period. Such payment must be in the form of certified check, cashier's check or money order, and made payable to Countrywide at P.O. Box 660694, Dallas, TX 75266-0694. If any check (or other payment) is returned to us f¢ insufficient funds or for any other reason, "good funds" will not have been received and the default will not have been cured. Na extension of time to cure will be granted due to a returned payment. If this default is not cured within THIRTY-FIVE (35) DAYS, the mortgage payments will be accelerated. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to have he original mortgage paid off in monthly installments. If the full payment of the amount of default is not made within THIR -FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the default is cured before we begin legal proceedings against the collateral involved, Countrywide and the Noteholder will be entitled to collect the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started the reasonable attorney's fees will have to be paid even if they are over $50.00. Any attorney's fees will be added to whatever is wed to us, which may also include our reasonable costs. If this default is cured within the Thirty-five (35) day period, the attorney's fees will not be required to be paid. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TIP ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If the efault has not been cured within the Thirty-five (35) 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 foreclosure sale. To do so, the total due, as well as all reasonable attorney's fees and costs incurred in connection with the foreclosure sale (and any other requirement under the mortgage) must be performed. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspect on of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify thatit a 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, ar valuation services) may betaken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. Please write your account number on all checks and comespondence. We may charge you a fee for any payment returned or rejected by your financial institution, subject to applicable law Account Number:106T2WM7 j • Make your check pa ble to Countrywide Home Liens Andrew G Shughart Balance Due for charges fisted above: $1,710.12 as pf March 20, 2009. • Write your acoount number on 434 Fact Street r check or money order • Write in any additional amounts Please update email information on the kay ersa side of this coupon. you are including (6 total i3 m th $5000 Additional ore an , please send Principal certified check) BLQPA2 • Don't attach your check to the payment coupon Additional • Don't include correspondence Escrow • Don't send cast Countrywide PO BOX 660694 ot7 Dallas, TX 75266-0694 r IL,rIJrL,rIJ.IIrrrllrrlLrrrlL,Irlrr,IrrlLl„rL,LrLl llrrrl Check i Total 106728679700000171012000171012 It is estimated that the earliest date that such a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-669-4578. This payment must be in the form of cashier's check, certified check or money order and made payable to us at the address stated above. If this default is cured, the mortgage will be restored to the same position as if no default had occurred. However, the default may riot be cured more than three (3) times in any calendar year. You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent, foreclosure sale of your property. For example: e Repayment Plan: It is possible that you may be eligible for some form of payment assistance through ountrywide. Our basic plan requires that Countrywide receive, up front, at least Y2 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, O er 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 modilI`i tion 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. e Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible hat 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 o 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, unl s it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by April 24, 2009 as outlined above will result in the acceleration of your debt. Time is of the essence. Should you have any questions concerning this notice, please contact Loan Couns immediately at 1-800-669-4578. E-mail use: Providinngg yyoo r e-mail address below will allow us to send you information on your account. Account Number: 10672a679 E-mail address How we pod your play payments of principal and bd the longest outstanding lin otherwise expressly pohibitoc submit an amount in a it monthly amount, we will ap follows: (i) to outstarxtiri principal and Interest, (it) escn charges and other amounts with your loan and (iv) tol i principal balance of your loan want an additional amount eP; rather than principal reduction, Postdated chain: Couni accept postdated checks, rd to by a loan counselo r a to n Center menb: All accepted erest will be applied to stallment due, unless or limited by law. K you on to your scheduled ply your payments as monthly payments of 3w deficiencies, (Ili) late you owe in connection educe the outstanding . Please specify if you flied to future payments, 's policy is to not specifically agreed (?J OF F1L?? ?,'Fi-1C?' THE +rL! p,r?r?RY Cum: -7 S'd Pka` y dvk- 5 y 76" 3 6 S6 4 Sheriffs Office of Cumberland County R Thomas Kline R Sheri 9`yr?tr of s:WN61'rt? `?? `?' Ut~ Ronny R Anderson Chief Deputy Z9tr; r- P 2+ Jody S Smith Civil Process Sergeant OFFICE F T,. ERIFF Cia Edward L Schorpp Solicitor BAC Home Loans Servicing, LP vs. Case Number Andrew G. Shughart 2009-6209 SHERIFF'S RETURN OF SERVICE 09/17/2009 09:07 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2009 at 2107 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Andrew G. Shughart, by making known unto himself personally, at 434 Factory Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, -10 September 18, 2009 R THOMAS KLINE, SHERIFF By De ty ZSheriff 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. ANDREW G. SHUGHART (Mortgagor(s) and Record Owner(s)) 434 Factory Street Carlisle, PA 17013 No. 09-6209-CIVIL Defendant(s) PRAECIPE FOR JUDGMENT 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 ANDREW G. SHUGHART by default for want of an Answer. Assess damages as follows: $67,396.08 Debt Interest from 10/22/2009 to Date of Sale per diem at $10.22 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFI D MOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN F O THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivere t he party against whom judgment is to be entered and to his attorney of record, if any. after the default occurred and at 1 t ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Attor y for Plaintiff I.D. 56129 AND NOW Dci- 013 .1001 , Judgment is entered in favor of BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP and against ANDREW G. SHUGHART by default for want of an Answer and damages assessed in the sum of $67,396.08 as per the above certification. 'S r thonotary b 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. That the above named Defendant, ANDREW G. SHUGHART, is about unknown years of age, that Defendant's last known residence is 434 Factory Street Carlisle, PA 17013, and is engaged in the unknown business located at unknown add//v 2. That Defendant is not in the Military or Nrvice of the United States or its Allies, or otherwise within the provisions of the Soldie Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 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, ANDREW G. SHUGHART, is about unknown years of age, that Defendant's last known residence is 434 Factory Street Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Na Allies, or otherwise within the provisions of the Soldi Congress of 1940 and its Amendments. ce of the United States or its Sailors' Civil Relief Action of Date: 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. ANDREW G. SHUGHART (Mortgagor(s) and Record owner(s)) 434 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 09-6209-CIVIL ORDER FOR JUDGMENT Please enter Judgment in favor of BAC HOME LOANS SERVICING, L F A COUNTRYWIDE HOME LOANS SERVICING LP, and against ANDREW G. SHUGHART for it e to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United Stat s o America) from the date of service of the Complaint, in the sum of $67,396.08. , Michael T. Mc Attorney for PI I hereby certify that the above names are correct and that the precise r si nce address of the judgment creditor is BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE O E LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 and that the name(s) anq a/ 1 t known address(es) of the Defendant(s) is/are ANDREW G. SHUGHART, 434 Factory Street Carlis e A 17013; GOLDBEC McCAFFERTY & McKEEVER BY: Mic el T. McKeever Atto for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 12/01/2008 through 10/21/2009 $59,696.32 $3,321.50 Reasonable Attorney's Fee Late Charges Costs of Suit and Title Search Escrow Payments Due 2 X $141.82 $2,984.82 $209.80 $900.00 $283.64 $67,396.08 GOLDBECK N BY: Michael T. Attorney for Ph TY & McKEEVER AND NOW, this aYd day of W44 , 2009 damages are assessed as above. S ?. r Prothy 0K'* OF nE4FP'O'WMM 20 OCT 23 IM! 0 16 4 (4.00 PD 47" co Smtool aaas03 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. No. 09-6209-CIVIL ANDREW G. SHUGHART (Mortgagors and Record Owner(s)) 434 Factory Street Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: DK$ Deputy If you have any questions concerning the above, please contact: Michael T. McKeever Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 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. ANDREW G. SHUGHART Mortgagor(s) and Record Owner(s) 434 Factory Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 09-6209-CIVIL PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 10/22/2009 to Date of Sale per diem at $10.22 (Costs to be added) $67,396.08 GOLDBECK cCAFFERTY & McKEEVER BY: Michael . McKeever Attorney f Plaintiff Q ? N Q ?z w o z? Up ?¢ o U WOW o a Q O O ? Q x' z? wQ w o3 ? xz n Q av==7 80008 N p ? ?c - cl M to - 0 H Q 3 xo ?,? ? ? w C7b yO ?D r?? v' ? o a¢. ? o ? Q ? N bt C?3 O U Q bA ? O W U W M .3 v U a? cC .O U Pi ?. a a, U U ? O o cl ?. v v :? ?? O N ? I b° ALL THAT CERTAIN lot of ground situate in the Fifth Ward ofth& Borough of Carlisle, Cumberland County, Pennsyly&fl18, bounded and described as follows: BEGINNING at a point on the West side of Factory Street, which point is 240feet South of "A" Street; thence along lot now or formerly of Mary V. Hermann, North 83 degrees 41 minutes West, a distance of 180.5 feet to a point on an alley; thence along said alley Sooth 06 degrees, 07 minutes West, a distance of 15.4 feet to a post; thence along lot now or formerly of Joseph Dewalt, South 83 degrees 04 minutes East. a distance of 96.9 feet to a point; thence along the same, South 83 degrees 52 minutes East, a distance of 83.4 feet to a point on Factory Street; thence along saidl Factory Street, North 06 degrees 13 minutes Eas115.9 feel to a point, the place of BEGINNING. BEING THE SAME PREMISES BY DEED DATED09/29/2005, GIVEN BY VIRGINIA ADAMS, SINGLE PERSON TO ANDREW G. SHUGHART, SINGLE PERSON AND RECORDED 10/05/2005 IN BOOK 271 PAGE 1563 INSTRUMENT # 2005-037477 GRANTED AND CONVEYED UNTO ANDREW G. SHUGHART. TAX PARCEL NO: 06-20-1798-183 BEING KNOWN AS 434 FACTORY STREET, CARLISLE PA 17013 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. ANDREW G. SHUGHART Mortgagor(s) and Record Owner(s) 434 Factory Street Carlisle, PA 17013 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 09-6209-CIVIL I, Michael T. McKeever, Esquire hereby certify that I am the attorney of reco Vi-the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has co ied with all the provisions of the Act. Michael T. Mc eeve: Attorney for aintiff 209 OCT 23 16 0 . '4 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. ANDREW G. SHUGHART (Mortgagor(s) and Record Owner(s)) 434 Factory Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 09-6209-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 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: 434 Factory Street Carlisle, PA 17013 I.Name and address of Owner(s) or Reputed Owner(s): ANDREW G. SHUGHART 434 Factory Street Carlisle. PA 17013 2. Name and address of Defendant(s) in the judgment: ANDREW G. SHUGHART 434 Factory Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: '1. 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 434 Factory Street Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to th es f my personal knowledge or information and belief. I understand that false statements herei4Michael. penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 21, 2009 ERTY & McKEEVER ver, Esq. a,A w '_ 16 ww;p i 09-6209-CIVIL 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. ANDREW G. SHUGHART Mortgagor(s) and Record Owner(s) 434 Factory Street Carlisle, PA 17013 Defendant(s) of Curnberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 09-6209-CIVIL 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 Mll!(M vRl_ ,vyDRi_vy6 ANDREW G. SHUGHART 434 Factory Street Carlisle, PA 17013 Your house at 434 Factory Street, Carlisle, PA 17013 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 $67,396.08 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 IN THE COURT OF COMMON PLEAS To prevent this Sheriffs Sale you must take immediate action: 09-6209-CNVIL 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. I . 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 frill 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 tiled 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 09-6209-CIVIL I 09-6209-CIVIL 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: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud. 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.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 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 87198FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6209 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 ANDREW G. SHUGHART (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 $67,396.08 L.L. $.50 Interest from 10/22/09 to Date of Sale per diem at $10.22 -- to be Determined Atty's Comm % Atty Paid $152.40 Plaintiff Paid Date: 10/23/09 (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 Supreme Court ID No. 56129 . -SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson c;~ k'`, -,,~'_.,-r Sheriff !~~' T~{= ~~ ~ ;r~,pv Jody S Smith ~~~~,;,~ 't `-;~'~~t,~,y~~~~ _ . Chief Deputy 2~ ~~~~ t ~ 3 C t }: ~ 3 Edward L Schorpp , „, Solicitor _ ,. ~~~~,E 'urn _: ~~i ; ,_, .. _. r - s ~: , 1..4~ ~'1 BAC Home Loans Servicing, LP Case Number vs. Andrew G. Shughart 2009-6209 SHERIFF'S RETURN OF SERVICE 12/28/2009 08:44 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on 12-28-09 at 2044 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Andre G. Shughart, located at, 434 Factory Street, Carlisle, Cumberland County, Pennsylvania according to law. 01/14/2010 Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 1/5/10 at 1600 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: Andrew G. Shughart, by making known unto, Daniel Shughart, adult brother, at, 1471 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/03/2010 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 , BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans Servicing, LP, 7105 Corporate Drive, PTX C-35, Plano, TX 75024,being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 842.07 SHERIFF COST: $842.07 SO ANSWERS, March 22, 2010 RON R ANDERSON, SHERIFF y~ ~~ ~G1. . ~-L, ~-~- r,~ , C`lz~ 7v~'~~ C? ~~yl3~7 Goldb~::,k McCaffei-t}~ ;~ f~~lcKee~~~er BY: Michael T. 1V1cKeever Attorney LD. #56129 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA ] 9106 215-627-1322 Attorney for Plaintiff ~H~ ric~tvir. LOANS SERV[CING, LP FKA COUNTRYWIDI~ HOMF. LOANS SERVICING LP 7105 Corporate Drive PTX G3 S Plano, TX 75024 Plaintiff vs. ANDREW G. SHUGHART (Mortgagor(s) and Record Owner(s)) 434 Factory Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 319 No. 09-6209-CIVIL F3AC NOME LOANS SERVICING. LN FKA COUN-CRY~VIDL I{(~~1E LOANS S1-:KVICING LP, Plaintitfin the above action, by its attorney. Michael T. McKeever, Esquire, sets forth as of the date the praecipe for the writ of execution was I71ed the following information concerning the real property located at: =I34 F=actory Street Carlisle. PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ANDREW G. SFIUGI [ARI~ X34 Factory Street Carlisle. PA 17013 2. Name and address of Defendant(s) in the judgment ANDRE~~V G. SFIUGI3AR~h X134 Factory Street Carlisle. PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record 11en on the property to be sold: I'A DEPARTMEN7~ OF PUBLIC WELFARE -Bureau of Child Support Entorcemeut Flealth and Welfare Bldg. -Room 432 P.U. Box 2675 Han-isburg. PA 1710.5-2675 DOMESTIC RELA"hIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle. PA 170]3 IN THE COURT OF COMMON PLEAS of Cumberland Count}' CNIL AC~hION -LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of the last recorded holder of every mortgage of record: ~. Name and address of every other person ~e~ho has amp record interest in or record lien on the property and ~~-hose 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 «~hich may be affected by the sale. ~fEN!~N"fSrOCC'UYANTS 434 Factory Strcet Carlisle. PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to th est of my personal knowledge or information and belief. I understand that false statements herein are made subject th penalties of 18 Pa. C.S. Section 4904 relating ro Lmsworn falsification to authorities. DATED: October ? 1. ?009 - - - - - ---- - GOLDI3ECK cCAFFI R'fY R McKFEVEK BY: Michael ~ .McKeever, Esq. Attorney for laintiff r ~• GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney I.D.#6129 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff BAC HOME LOANS SERVICING, LP FKA COUN1'RYWII~E HOMI~: LOANS SERVICING LP 7105 Corporate T~ri~~e PTX C-35 Plano, TX 75024 Plaintiff ys. ANDREW G. SHUGHART Mortgagor(s) and Record Owner(s) 43d Factory Street Carlisle, PA 17013 Defendants of" Cumberland County CIVIL AC"PION -LAW AC"hION OF MORTGAGE FORECLOSURE "I errs No. 09-6209-CIVIL THIS LA~~' FIR1~I IS .~1 DEBT COLLECTOR AND ~~1~, .ARE A~['TEI~IPTING TO COLLECT A DEBT. THIS NOTICE. IS SENT'IY) 1'OU [N AN A"I'TE~iP"I' TO COLLEC"T A DEBT. ANY 1NFORNIATION OBT.-TINED FRO~'1 l'Oli ~~`ILI. BE USED FOR "THAT Pt1RPOSE. NOT~cr~ or s~IER>«,~,~s sAt.E oN REAI ~~ROPERTv ANDREW G. SHUGHART 434 Factor- Street Carlisle, PA 17013 Your house at 434 Factory Street. Carlisle P.A 1 ?013 is scheduled to be sold at Sheriffs Sale on Wednesday, March 03, 2010, at 10:00 .~M, in Conunissioner~ Hearing Rm Znd FL Courthouse to enforce the court judgment of x67,396.08 obtained by I3:~C HOME LOANS SERVICING. LP FKA COUNTRYIVIDF HOI\1E LOANS SERVICING I_.P a~=ainst you. NO'T'ICE OE OWNER'S RIGH`hS 1"OU 1\IAY BE ABLE TO PRE~'h,N"I' "I'NIS SHERIFF'S SCI F O9-6209-CIVIL IN "[~IIE COUR~1~ OF COMMONPLEAS To pre~~ent this Sheriffs Sale you must t~ikr immcdiatc action: 09-6209-CI V l L i. II1e sale ~~-ill be cancelled if you pay to BAC HOME LOANS SERVICING, LP FKA COUNTRI'~~IDE 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 21 ~-825-6329 or 1-866-413- 231 I. 2. You may be able to stop the sale b}' filing a petition asking the Court to strike or open jud~r=meat, 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 le~~al proceedings. 4. You may need an attrn~tev to assert your rights. The sooner you contact one. the mrn~e chance you ~~ i11 have of stopping the sale. (See notice below on ho~s~ 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 "CAKE PLACE. 1 . If die Sheriffs Sale is not stopped, your property ~~~ill be sold to the highest bidder. You may Lind 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 die bid price was ~~rossiti inadequate compared to the ~~alue of vour property. 3. The sale ~~~ill go through only if the buyer pays the Sheriff the full amount due in the sale. To find out iC 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 SheriCl. you ~~ ill remain the o~~-ner of the property as if the sale never happened. 5. You ha~;c a right m remain in the property until the Cull amow~t due is paid to the Sheriff and the Sheriff gimmes a dyed to the huver..~yt that time. die buyer may hrin~~ Iegal proceedings to evict you. F>~ y'ou may be entitled to a share of the money which ~~~as paid for vour house..A schedule of distribution of the nu>nev hid frn-your house will be Fled by the Sheriti~within thirty (30) days from the date ol~the Sheriffs Sale. -phis schedule will state who will be receiving slat money. The money will be paid out in accordance with this schedule unless exception, (reasons why the propi>srd distribution is wr~>n,~) are tiled ~~~Ith the Sheriff ~~ ithin ten (10) day: after the schedule of distribution is filed. 1"~,u may also hat ~ other rights and defenses. or ~~-a_vs oC ~~etting vour house back. if you act inuncdiatel~~ alter the sale. 8. You may contact the Foreclosure Resource Center: htg~:;n~-ww.~(ade~hiafed.or~iforeclosure% YOU SHOULD ~fAKL ~CHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOI~ EfAVE A LAWYER OR CANNON :1FFORD ONE. GO TO OR ~FELEPHONE THE OFFICE LIS"CED BELOW TO ]=~IND OUT W}(L-:RE YOU CAN GET LEGAL HELP. LEGAL SERVICES WC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBFRI,ANll COUN~hY' BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 U9-6209-C 1~~~~, 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 refer--als to a qualified attorney call either of the (ollo~~-ing numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for tree 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). Cal( or contact our office to request the a-nount to bring the account current. or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-231 1 or via email at homeretention(~u~oldbecklau~ com. Call Seth at 21.5-825-6329 or f -x 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or taxed if you leave a message with that information. The attorney in charge of our tine's Homeowner Retention Department is David Fein who can be reached at 215-825-6 ~ 18 or Fax: 215-825-6418. Please reference our Attorney File Number of 87198FC. Para inlormacion en espanol puede communicarse con Loretta al 215-825-6,44. ALL THAT CERTAIN lot of ground situate in the Fifth Ward ofth& Borough of Carlisle, Cumberland County, Pennsyly&fl 18, bounded and described as follows: BEGINNING at a point on the West side of Factory Street, which point is 240feet South of "A" Street; thence along Iot now or formerly of Mary V. Henuann, North 83 degrees 41 minutes West, a distance of l 80.5 feet to a point on an alley; thence along said alley Sooth 06 degrees, 07 minutes West, a distance of 15.4 feet to a post; thence along lot now or formerly of Joseph Dewalt, South 83 degrees 04 minutes East. a distance of 96.9 feet to a point; thence along the same, South 83 degrees 52 minutes East, a distance of 83.4 feet to a point on Factory Street; thence along saidl Factory Street, North O6 degrees 13 minutes Easl 15.9 feel to a point, the place of EEGINNING. BEING THE SAME PREMISES BY DEED DATED09/29/2005, GIVEN BY VIRGINIA ADAMS, SINGLE PERSON TO ANDREW G. SHUGHART, SINGLE PERSON AND RECORDED 10/05/2005 IN BOOK ?71 PAGE 1563 INSTRUMENT # ?005-037477 GRANTED AND CONVEYED UNTO ANDREW G. SHUGHART. TAX PARCEL NO: 06-20-1798-183 BEING KNOWN AS 434 FACTORY STREET, CARLISLE PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-6209 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From ANDREW G. SHUGHART (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) (f 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 $67,396.08 L.L. $.50 Interest from 10/22/09 to Date of Sale per diem at $10.22 -- to be Determined Atty's Comm % Due Prothy $2.00 Atty Paid $152.40 Other Costs Plaintiff Paid Date: 10/23/09 (Seal) 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 October 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA, Known and numbered as 434 Factory Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 27, 2009 B: r ~~ ~. ~ R Estate Coordina or ~ ~~~ Ep - r ~~ (~ V 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: Januarv 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. 'sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of Februarv. 2010 ~... __ ~~ ~; /j~. Notary NOTARIAL SEAL DE9ORAH A COLLtNS Nr~'o~ r Public CARLISLE EOi;O, CUF/13CRLAfJD COUNTY iv?y Commissicn Expires Apr 2g, 2010 wnt No. aoo9-6ao9 civil BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP vs. Andrew G. Shughart Atty: Michael McKeever ALL THAT CERTAIN lot of ground situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the West side of Factory Street, which point is 240feet South of Street; thence along lot now or formerly of Mary V. Her- mann, North 83 degrees 41 minutes West, a distance of 1 80.5 feet to a point on an alley; thence along said alley Sooth 06 degrees, 07 minutes West, a distance of 15.4 feet to a post; thence along lot now or formerly of Joseph Dewalt. South 83 degrees 04 minutes East. a distance of 96.9 feet to a pein±; thence along the same, South 83 degrees 52 minutes East, a distance of 834 feet to a point on Factory Street: thence along said Factory Street, North 06 degrees 13 minutes East 115.9 feet to a point, the place of BEGINNING. BEING THE SAME PREMISES by deed dated 09/29/2005, given by Virginia Adams, single person to Andrew G. Shughart. single person and recorded 10/05/2005 in Book 271 Page 1563 Instrument #2005- 037477 granted and conveyed unto Andrew G. Shughart. TAX PARCEL NO: 06-20-1798- 183. BEING KNOWN AS 434 FACTORY STREET. CARLISLE PA 17013. PROPERTY ADDRESS: 434 Fac- tory Street, Carlisle, PA 17013. The Patriot-News Co. "812 IVlarket St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~latriot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01 /22/10 01 /29/10 ,~j< ~ 02/05/10 % G ~G'(!~~ ... ......... . /, Sworn to,afl subscribed before meth' 24 d of ebr~lary, 2010 A.D. `-' .!~ ~ j`~ t,-lir ,z, l ~-f-' `-~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Harrisbun7, Dauphin County My Commission E~ires Nov. 26, 2011 Member, PennsylMania Association of Notaries Docket Number; 2OO1F63O8 Civil Term 8AC Hours Loans Servicing, LP FAC/A Countrywide Home Loans Servicing, LP vs. Andrew G. Shughart Atty: Michael McKeever ALL THAT CERTAIN lot of ground situate io the Fifth Wazd of the Borough of Cazlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the West side of Factory Street, which point is 240feet South of Strcet; thence along lot now or formerly of Mazy V. Hermann; North H3 degrees 41 minutes West, a distance of 180.5 feet to a point on an.alley; thence along said alley Sooth 06 degrees,'07 minutes West, a distance of 15.4 feet to a post; thence along lot now or formerly of Joseph Dewalt: South 83 degrees 04 minutes East. a distance of 96:9 feet to a point; thence along the same, South 83 degrees 52 minutes East, a distance of 834 feet to a point on Factory Street: thence along said Factory Street, North 06 degrees I3 minutes East 115.9 feet to a point, tbe place of BEGINNING. BEING THE SAME PREMISES BY DEED DATED 09/29/2005, GIVEN'BY VIltGINIA ADAMS, SINGLE. PERSON 1'0 ANDREW G. SHUGHART. SINGLE PERSON AND RECORDED 10/05/2005 IN BOOK 271 PAGE 1563 INSTRUMENT #2005-037477 GRANTED AND. CONVEYED UNTO ANDREW G. SHUGHART TAX PARCEL N0: 06-20-1798- 183 BEING KNOWN AS 434 FACTORY STREET. CARLISLE PA 17013 PROPERTY ADDRESS: 434 Factory Strcet, Culisle.PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which BAC HOME LOANS SERV LP 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 23 day of OCT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6209, at the suit of BAC HOME LOANS SERV against ANDREW G SHUGHART is duly recorded as Instrument Number 201010263. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ ~ ~ day of A.D. ~ v ~ u ' U Recorder of Commiesion ~ ~ ~