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HomeMy WebLinkAbout01-6850Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 ~ 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 1084769528 BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 PLAINTIFF, VS, ANN HILARY PAYNE AND MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. (~)| - ~,~) COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted.tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notifieacion. Ademas, ia corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 1084769528 BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION 475 CROSSPO1NT PAi?,KWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 PLAINTIFF, VS. ANN HILARY PAYNE AND MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. ~) COMPLAINT 1N MORTGAGE FORECLOSURE 1. Plaintiff is BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION, with its principal place of business located at 475 CROSSPOINT PARKWAY, P.O. BOX 9000, GETZVILLE, NY 14068-9000. 2. The names and last known addresses of the Defendants are: ANN HILARY PAYNE AND MICHAEL R. KELLY, 439 SOUTH YORK STREET, MECHANICSBURG, PA 17055. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about APRIL 9, 1996, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to EASTERN MORTGAGE SERVICES, INC., which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: APRIL 9, 1996 DATE RECORDED: APRIL 18, 1996 BOOK: 1314 PAGE: 539 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy ot' said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about APRIL 9, 1996, in consideration of their indebtedness to EASTERN MORTGAGE SERVICES, INC., ANN HILARY PAYNE AND MICHAEL R. KELLY made, executed and delivered to EASTERN MORTGAGE SERVICES, INC. their promissory Note in the original principal amount of $132,200.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: EASTERN MORTGAGE SERVICES, INC. ASSIGNEE: NATIONSBANC MORTGAGE CORPORATION DATE OF ASSIGNMENT: SEPTEMBER 16, 1996 RECORDING DATE: NOVEMBER 6, 1996 BOOK: 534 PAGE: 126 7. The Mortgage is secured by property located at 439 SOUTH YORK STREET, MECHANICSBURG, PA 17055, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due 06/01/01 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title Search fees and reasonable attorney's fees. The following amounts are due on the Mortgage: Principal Balance 6.625% interest from 05/01/01 to NOVEMBER 7, 2001 at $22.49 per day Accrued Late Charges 2 $123,929.55 $4,296.36 $126.96 NSF Fees Attorney's Fees TOTAL AMOUNT DUE $15.00 $2,829.50 $131,197.37 Interest continues to accrue at the per diem rate of $22.49 for every day after NOVEMBER 7, 2001 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), and the notice provisions of Act 6, 41 P.S. §403, as governed by 12 Pa. Code Section 31.201 et seq. as amended byAct 160 of 1998 effective February 19, 1999, Plaintiff sent the combined Notice of Intention to Foreclose Mortgage and Act 91 notice to Defendants, dated SEPTEMBER 5, 2001. Copies of the notices to the defendants are attached as Exhibit "D". Defendants have failed to cure the default and Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after NOVEMBER 7, 2001 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiffas stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. BO~~~IE DAHL, ESQUIRE -;006239~6.wpd Page 1 VERIFICATION The undersigned hereby states that he/she is an authorized officer, representative or agent for Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of his/her knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: Name: Karen M. Resetarits Company: BA Mortgage, LLC Title: Officer Exhibit "A" (Space Above Tlds Line For Recording Data) MORTGAGE 54138001 THIS MORTGAGE ("security Insuument*) is given on ........... A{~fi{ 9 996 ~ ,.o.gngor ~ ................... ...~..~. ~ .Y. ~..Y.~ ...~... ~!.C. HA~L"i~:~iZ*,i; ...................................................................................................... This Securily Instrumem is given to ..... ..E~..STERN MORTGAGE SER~i~:'~I~: .................................................................................................... .b b i, .nd .xis,ng ..er .e .w,o, CO ONW ,=TH OF .................................... ...... ................................... ~ i~r~ oi~;i~ ......................... ~a~'~-"~;Z'~'~;~: ........................................................... Borrower owes Lender the ~nc n ~m of One Hundred Th Two .................. P P ..................................... ..~. ....... Thousand Two Hundred and no/100 ........................................ Thi, d~b~ i, e~,~nd b~ Bo,ower',"-:~"2:':':L ......... ':' ....... :' ......... : ..................................................................... Oo,,~, <U S $ ......U~.~O~,O.O .... ~ "~ u~t~ uae same °ate ns ~ts SecurrtY Instrument ('Note "), which provides for monthly payments, with the full debt ifnol aidearber dueand nbeo May 1 , P , pay n .................. 2026 ............................... Th s Se. cur ty Instrument seCUres to Lender: (n) the repayment of the debt evidenced by the Note, with imerest, and all renewals, extensions and modiEcations of the Note: (b) the payment of all other sums. with interest, advnnced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Insuument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in .......... .B.,O..R..O,.U.,.G..H. ,O.,F...M,..F~....H...A~,.ICSI{URG CUMBERLAND C ............................................................ oun~y, Pennsylvania: LEGAL DESCRIPTION ATTACHED HERETO AND IvL~J)E A PART HEREOF. L Pennsylvania 17055 · ....... i:~'e~] ...........................................( Property Address'); TOGETHER WITH all thc improvements now or bemafter erected on the ptopany, and all easements, appurtenances, and flxto~s now or hereafter a part of the property, All replacements and additions shall also be covered by ~is Security [mtrument, All of the fm~egoing is referred to in this Securily Insuument as the 'Pmpany.' BORROWER COVENANTS that Borrower is lawfully seised of the estete hereby conveyed and has the right to mortgage, grant and convey the Pmpany and that the Property is unencumbered, exccpt for encumbrances of record. Borrower warn~nts and will defend generally which has the address of ............. 439 SOUTH YORK STREET ................................ I~l' ....................................................... MECHANICSEURG ICity{ UNIFO~I COVENANTS. Borrower and Lender covenant nnd agree as follows: 1. Payment ol' Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when duc ~hc .o~d31.4~,nr~ 540 ' 6. OcCupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. '13or'rower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this SeCUrity Instrument and shall continue to occupy the Property as Burrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be un~asunabty withheld, or un[ess extenuating circumstaoces exist which are beyond Borrower's control, Borrower shall not destroy, damage or impair the Property, allow the Property ~o deteriorate, or commit waste on the Property. Borrower shall be in dafan[I if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materialfy impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstute, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impainnont of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (o£ failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, bat not limited to, repre~entutinns concerning Borrower's occupancy of the Property as a principal residence. If this Security lnstmrncot is on a leasehold, Borrower slndl comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. if Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may sigtiificaudy affect Lender's righa in the Property (such as a proceeding in hankmplcy, probate, for condemnation or forfeiture or to enforce laws or reguiatious), then l~nder may do and pay for whatever is necessary to protect thc value of the Property and Lender's rights in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument. appearing in court, paying reasonable aaomeys' fees and entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Bonower and Lender agree to other terms of payment, these amounts shall bear intaren from the date of dishorsemcot at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mol'tgage Insurance. If Lender required mortgage insurance as a condition of making the loan secu~d by this Security lnstrumem, Borrower shall pay the premiums reqn[~d to maintain the mortgage insurance in effect. If, for any reason, the moctgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each rnontha sum equal to one-twelfth of the yearly mortgage ins~ranco premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use smd retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be requited, at the option of Lender, if mortgage insurance coverage (in the amount ned for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower- shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Bon'ower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lauder. In the event of a total taking of the Property, the proceeds shall ba applied to the sums secured by this Security Instalment, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of thc sums secured by this Security lnsnument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security lnsrtument shall be reduced by the amount of the proceeds multiplied by thc following fraction: tn) the total amount of the sums secored immediately befo~'e the taking, divided by (b) the fait market value of the Property immediately before the taking. Any balance shall ha paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the Sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law othel~visc provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums ate then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the coudemnor offers to make an award or scale a claim for damages. Borrewer fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the Sums secured by this Security thsmuncot, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not eztoud or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Relmssed; ForbcaranceByLenderNotnWnlver. Extensinnofthetimeforpaymentormndiflcedon of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shat p~t operate to release the liability of the original Borrower or Borrower's successors in interest. Lauder shall not be required to commence proceedings Instrument by reason of any demand made by the original Bon-ower or Borrower's successor,~ in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or ren~edy, 12' Successors and Assigns Bound; Joint and Several Liability; Co.slgners. The covenann ced agreements of this Security Instrument shall bind and benefit the successor~ and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security lltstsumcol hot does Itoi execute the Note: (a) is co-signing this Security Instrument only to r~rtgage, gram and convey that Borrower's interest in the Properly under the terms of this Security Instrument; (b) is not personally obligated to pay the Sums secured by this Security Im~umesu; and (c) agrees that Leader and any other Borrower may agree to extend, modify, foz~ear or make any accommodations with regaetl to the terms 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maxirrmm loan charges, and that taw is finally inteq~reted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pormthed limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permiset limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this rethud by e00Ki3'14r ,54t' reoucmg me principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, the reduction will be trealed as a partial prepayment without any prepayment charge under the Note. 14. Notices. ' .... Any nntsce to Borrower pmwded for m this Security Instmnmnt shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method, The notice shall be directed to the Proparty Address or any other eddress 'BO~°Y~er ~s!goa~:s bY n° ice to Lender Any nntice to Leeder shall be given bY lirst class mail to Lcoder,s eddress steted herein or any other ~ ~.d~s~ Laml~.f ~sit~pates by notice to Borrower. Any noricc provided for in this Security Instrument shall be deem· 15 Governing Law, Severnbillty. Th~s ~.~unty Instalment shall ha governed by federal law and the law of the jurisdiction in which~the Prope~y is located. In the ~vent that any pmvlsinn or clause of this Security Instrument or the Note conflicts with applicable - law, such confl~ shall not affecl other provisions of this Security Instrument or the Note which can ha given effec w thom the conflicting provision. To flt~s end the provisions of this security Instrument and the Note are declared to be severable. !6. Bott°wefts Copy, Borrower shall ha given one conformed Copy of the Note and of this Security Instrument. 17. Transfer of the Property or o Beneficial Interest in Borrower, If all or any part of the Property or any interest in it i.s sold. or tsansferred (or if a beneficial interast in Borrower is sold or transferred and Borrower is not a natural pav~on) withOUl Lander's prtor wnt~n consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federid law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security lnstmmetu. If Borrower fails to pay these soma prior to the expiration of this period, Lander may invoke any remedies parmitled by this Security Instrument without furthar notice or demand on Borrower. · 18~ Borrower's. Right to Reinstute. If Bonower ntoeu ce~ain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) $ days (or such other period as applicable law may specify for reinstatement) before sale of the Properly pursuant to Imy power of sale contained in this Security Instrument; or (b) eats/of a judgment enforcing this Security Instmmem. Those conditions are that Borrower: (a) pays Lender all sums which then would ha due under this Security Instalment and the Note as if no acceleration h~d occurred; (b) cures any defnul! of any other covenants or asreements~ (¢) Peys all expenses incurred in enforcing this Security Instrument, including, bet not limited to, reasonable attorneys' fees; and (d) lakes such action as Lender may reasonably require to assure that the lien of this Security Instmmem, Lender's rights in the Property nnd Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instmmera and the obligations secured hat,by shall remain fully effective as if no acceleration had occurred. However. this right to reinsteto shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Lonn Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer') that collects monthly payments due under the Note and this Security Instalment. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If them is a change of the Lonn Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will stale the name ned address of the new Loan Servicer and the address to which payments should ha mede. The notice will also contain any other information required by applicable law. 20, Hazardous Substances, Borrower shall not cause or permit the presence, use, disposal, storage, Or release of any Hazardous Substances on or in the Properly. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Properly. Borrower shall promptly give Lender written notice of any investigtuion, claim, demand, lawsuit or other acriun by any governmental or regnltuory agency or private pan'/involving the Property and any Hazardous Substsnce or Environmentsl Law of which Borrower has actual knowledge. If Borrower [earns, or is notified by nny sovernmentol or regulatory authority, that any removal or other reraediation of any Hazardous Substance affecting the Property is necessaB,, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substuncec' are those substances defined as toxic or hazardous suhaor, ces by Environmental Law and the following substsnces: gasoline, kerosene, other flammable or toxic palroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORIvl COVENANTS. Borrower and Lender further covenant nod agree as follows: 21. Accelerutlon; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default ns specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and'the tight to assert in the foreclosure proceeding the non-exlslence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured ns specified, Lender at ils option may require immediate payment in full of ail sums secured by this Security lnslrument without further demnnd and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect nil expenses Incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, uttoroeys' fees and costs of title evidence to the extent permitted by applicable law. 22. Re[ease. Upon payment of all sums secured by this Security lnsUument, this Security Instrumem and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument to Borrower, Borrower shall pay any recordation costs. 23. Wa[vees. Borrower, to the extent permittod by applicable law, waives and releases any error or defects in proceedings to enforce this Security lnsmlmera, and hereby waives the benefit of any present or futore laws providing for stay of execution, extension of time, exemption from altnchment, levy and sale, and homestead exemption. ooU314PA ' 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement bf bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Imtmment is lent to Borrower to acquire lit. lc to the Property, this Security lnstmmem shall be a purchase money mortgage. 26. Interest Rate After .Judgment. Borrower agrees that the interest rate payable after a judgment is emend on the Note or in an aciion of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more rider~ are executed by Borrower and recorded together with this Security Instrument. the covenants alii agreements of each such rider shall be incorpo~ted into and shall amend and supplement the coven.~.nn and agreemen~ of this Security Instrument as if the ride~s) were a part of this Security Instrument. [Check applicable box(es)] ] Adjustable Rate Rider ] Graduatnd Payment Rider ] Balloon Rider ['-'] Other(s) [specifyI ] Condominium Rider ] Planned Unit Development Rider ] Rate Improvement Rider ] 14 Family Rider ] Biweekly Payment Rider ] Second Home Rider Social Security Number $~ial Security Number ....................................................................... [Space Below This Line For Acknowledgment] COMMONWEALTH OF PENNSYLVAHIA COUNTY ss: DAUPHIN On this (Ah day of April [996 , before me. came the aboved-namnd ANN HILARY PAYNE MICHAEL R. KELLY I)y,!e~dged the within indenntte of Moogage to be HIS/HER/THEIR act and deed and desired the same o be reeoeded as such . PENNSYLVANIA-Sin~h: Fmnily-FNMA/FHLMC UNIFORM INSTRUMENT PA0145SI 3/91 FITECH - REVISED ?/S~ lb Exhibit "B" April 9 1996 NOTE HARRLqI~URO PENNSYLVANIA 1. BORROWER'S PROMISE TO PAY In ~tum for a loan that I h~ve mceive~, [ promise to I~y U.S. $ J32~200.00 (~is amount is a~lled 'pfin~il~'), plus imemst, to the onter of t~ Lender. The Lemicr i~ EASTERN MORTGAGE SERVICI~S. INC, [ unde~sm~d t~at file Lender rany muter Ih;* Note. ~he Lender or anyone who tak~ this Not~ by m~sfcr nmi w~o is gnd0ed to m~ive I~ymentl under dtis Ne~ is called the "Note Holder.' ln~t~,~willb~¢ha~gedonunlmiflpdne~p~luntgtlmf~lltmountofpfincJp~l~n~id, lwilll~yimemstattyr, aflyra~of 6.625~. The intwist r~e I~quired by Ihie ~e~tJon 2 i~ {h~ ral~ ] will ~y bo~ hefon~ and ~ft~r ~ny defitult dnsc n~aed in Section 6(B) of this NOI~. 3. PA~.aNTS (A) ~ AND PLACE OF PAYMENTS I will pny princi~l nad imerest by m~kiflg psymm~s every Iwtlimnkemymonthlyp~ymcntsonth~ ~ST d~yofe~chmonth~ginni~on June 1996 .lwillmakc ~:~ payments eve~ mon~ until I h~ve p~id all of the pt~,~ip~l and imemst ~nd ~ny other ~hatges described below that I may owe under ~i~ Note, My monthly p~yments will bo hi.lied to mt~rest befo~ principal. If, on M&y I 2026 , I ~dll ov~ nmounts under this No~e, ! will I~y theee amount~ in fu~ on th~! ~te, which is cnllul the "n~mrity d~,· ! will m~ke my raomhly i~tymems at 4 NESHAMINY INT~rJOR.EX. SUITIB 205, TREVOSE. PA 1~053 or at a diffemn~ pl~c~ if n:quimd by the No~ Hold~r, (B) AMOUNT OF MON'II:U~Y PAYMENTS My monthly pnyn~m will be in the tnmunt of U.$, $ 846.49 . 4. BORROWER'S RIGHT TO PREPAY [ hsv~ tho ti~ht m mak~ payrolls of priflci~l itt any timo before they am duo, A payment of pril~ipid only is known LOAN CHARGES if · [Iw, which applies w ~ Ionfl and wb~.h sets rmximum loan charges, is f'mally inte~rmed so thnt the in~F~S~ or od~r Io~n charges col- lec~.d or to be collected Iff connection wJ~h Ibis loan exceed lbo permi~d UmJts~ ~hen: (i) any such Io~n cha~ge shall bo reduced by ~hc amount 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) LATE CHARGE FOR OVERDUE PAYMENTS If Ihe Not~ Holder has not ~ivod the full nmount of any monthly imynmnt by the end of 15 calen&tr days after tim date it is due. I will p~y a lato charne to tho Not~ HoMer. Tho amount of tho chtl~¢ will be 5.000 ~ of my ovcfltue [~yment of principal and (B) DEFAULT (C) NOTICE OF DEFAULT (D) NO WAIVER BY NOTE HOLDER (E) PAYMENT OF NOTE HOLDER'S COSTS AND EXPENSES 7. GINI~G OF NOTICES If rno;e ~um one p=m)n si;~ ~his Note, gach p~ z~ ~t[y ~ pc~ly ~l:~ m k~p dl of ~ p~ ~c m ~ No~ i~ing ~e pmm~ m ~y ~ ~ a~um ow~. A~ ~n w~ · ~ ~r, su~ or e~o~r of ~ N~ ~s aim obl~ is nl~ obl~a~ ~ ke~ ~1 of ~ p~s ~de ~ ~is No~. ~ Note ~o~er ~a ~iv~ly or ~nsl gl of us t~cr. ~ ~am ~t ~y one of us ~y 10. ~ SEC~D N~ ~C~EL WITNESS Exhibit "C" ALL THAT CERTAIN messuage or tract of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit= BEGINNING st a post corner of York and Marble Streets; thence north by said York Street seventy (?0) feet, four (4) inches to lot of Jacob Zinn; thence east by said lot one hundred sixty- two (162) feet six (6} inches to a twenty (20) foot alley; thence south by said alley fifty-two (52} feet, six (6) inches to Marble' Street; thence west by said Marble Street one hundred sixty.- three (163) feet to the place of BEGINNING. HAVING thereon erected and now being a dwelling house, 439 8. York St., with necessary outbuildings. Being the same premises which A. Hilary Payne, by Indenture bearing even date the 9th day of April A.D. 1996 and intended to be forth- with recorded in the office for the recording of deeds in and for the County of Cumberland, the Commonwealth of Pennsylvania, granted and conveyed unto Ann Hilary Payne and Michael R. Kelly, in fee. '"' 't~? of Pennsylvanis ') ',~ty of Cumberland .~ ; rded in the office for the recording of .m ~ my hand ~l~f o~~ Exhibit "D" nC 0 <~ Z© ~ o D ~ m 00~ ~ o~< om<om Exhibit "E" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written'requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. SHERIFF'S RETURN CASE NO: ~001-068S0 P COMMONWEALTH OF PENNSYLVkNIA COUNTY OF CUMBERLAND BA MORTGAGE LLC VS PAYNE ANN HILARY ET AL - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PAYNE ANN HILARY the DEFENDANT , at 1850:00 HOURS, on the 5th day of December , 2001 at 439 S YORK ST MECHANICSBURG, PA 17055 ANN PAYNE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this j~ day of ~ ~oI A.D. ! ; Pr~th0notary' ~ So Answers: R. Thomas Kline 12/10/2001 SPEAR & HOFFMAN By: , Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-06850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BA MORTGAGE LLC VS PAYNE ANN HILARY ET AL DAVID MCKIN-NEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELLY MICHAEL R the DEFENDANT at 1850:00 HOURS, on the 5th day of December at 439 S YORK ST 2001 MECHAiqICSBURG, PA 17055 MICHAEL KELLY a true and attested copy of by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /36~ day of ~~ ~OI A.D. ~/ /P~honotar~ I · So Answers: R. Thomas Kline 12/10/2001 SPEAR & HOFFMAN By: _A~_~/~~~ v DepUty Sheriff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 1084769528 BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCK~ 6850-CIVIL TERM ANN HILARY PAYNE AND MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 DEFENDANTS PRAECIPE FOR JUI)GMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $143,746.02 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 6.625 % from 05/01/01 to NOVEMBER 26, 2003 (749 days @ $22.49 per diem) Late charges (for certain months prior to default and every month after at a rate of $42.32 per month) NSF Fees Attorneys Fees (As stated in Complaint) TOTAL AMOUNT DUE BONNIE DAHL, ESQUIRE Attorney for Plaintiff $123,929.55 $16,845.01 $126.96 $15.00 $2,829.50 $143,746.02 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $143v746.02 ( ~1~;-~~ . PRO PROTHY SPEAR AND HOIq-'MAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIPV, LOAN NO.: 1084769528 BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-6850-CIVIL TERM NOTICE To: MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 Date of Notice: MAY 5, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FiND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 ~'BONNIE D AHL, ESQUIRE Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 1084769528 BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-6850-CIVIL TERM NOTICE To: MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 Date of Notice: MAY 5, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 BONNIE DAHL, ESQUIRE Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. ANN H1LARY PAYNE AND MICHAEL R. KELLY DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 6850-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaimiff) is: BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): ANN HILARY PAYNE 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 6850-CIVIL TERM CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: ANN HILARY PAYNE 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 Date mailed: SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 6850-CIVIL TERM ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANT(S) AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant, ANN HILARY PAYNE AND MICHAEL R. KELLY, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 439 SOUTH YORK STREET MECHANICSBURG, PA 17055. SWORN TO AND SUBS~ ~RIBED BEFORE ME THIS ~h~ - DAY OF~'t-~A, 20 d~. December 2, 2003 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-6850-CIVIL TERM CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and correct copy of each Notice is attached hereto, sent as stated. Dated: MAY 5, 2003 SPEAR & HOFFMAN, P.A. BONIqlE DAHL, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION VS. ANN HILARY PAY'NE AND MICHAEL R. KELLY TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment ( ) Other File No. Ol ~ 6850-CIVIL TERM Amount Due $143,746.02 Interest 2,268.43 Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) 439 SOUTH YORK STREET, MECHANICSBURG, PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named gamishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: NOVEMBER 26,2003 _Signature: Print Name: BONNIE DAHL, ESQUIRE Address: 1020 N. Kines Hiffhway, Suite 210 Cherry Hill, N.J. 08034 Attorney for: BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION U 0 ~ 0 ~U ~ < ~ ~ O0 m OZ O< ~Z ~ © < WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6850 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BA MORTGAGE LLC SUCCESSOR IN INEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION, Plaintiff (s) From ANN HILARY PAYNE AND MICHAEL R. KELLY (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 $143,746.02 Interest $2,268.43 Atty's Corem % Atty Paid $122.50 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name BONNIE DAHL, ESQUIRE Address: 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, N.J. 08034 Attorney for: PLAINTIFF Telephone: 856-755-1560 Supreme Court ID No. 79294 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary,0 Deputy UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : KELLY, MICHAEL ROBERT : KELLY, ANN HILARY : DBA KELLY, A HILARY : FKA PAYNE, ANN : Debtor(s) CASE NO. 01-06562MDF-1 CHAPTER 13 NOTICE TO CREDITORS AND OTHER PARTIES IN INTEREST Notice is hereby given that the Court has entered an Order dated March 18, 2003 DISMISSING the above-captioned case due to: Chapter 13 Trustee's Objection to Plan DATE: March 18, 2003 Clerk, U.S. Bankruptcy Court 228 WALNUT STREET P.O. BOX 908 HARRISBURG, PA 17108-0908 VAN~87 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET ?(~."6850-CIVIL TERM CERTIFICATION BONNIE DAHL, ESQUIRE, hereby verifies that she is the attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant ( x ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. ~QUIRE Attorney for Plaintiff ALL THAT CERTAIN MESSUAGE OR TRACT OF LAND SITUATE IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POST CORNER OF YORK AND MARBLE STREETS; THENCE NORTH BY SAID YORK STREET SEVENTY (70) FEET, FOUR (4) INCHES TO LOT OF JACOB ZINN; THENCE EAST BY SAID LOT ONE HUNDRED SIXTY TWO (162) FEET SIX (6) INCHES TO A TWENTY (20) FOOT ALLEY; THENCE SOUTH BY SAID ALLEY FIFTY TWO (52) FEET, SIX INCHES TO MARBLE STREET; THENCE WEST BY SAID MARBLE STREET ONE HUNDRED SIXTY THREE (163) FEET TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED AND NOW BEING A DWELLING HOUSE, 439 S. YORK STREET, WITH NECESSARY OUTBUILDINGS. BEING THE SAME PREMISES WHICH HILARY A. PAYNE, BY DEED DATED APRIL 9, 1996 AND RECORDED APRIL 18, 1996 IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 137, PAGE 860, GRANTED AND CONVEYED UNTO MICHAEL R. KELLY AND ANN HILLARY PAYNE, THE MORTGAGORS HEREIN. PARCEL # 20-24-0785-414 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 6850-CIVIL TERM ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129. BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, BONNIE DAHL, 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 439 SOUTH YORK STREET MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): ANN HILARY PAYNE 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgmem: ANN HILARY PAYNE 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: ALLEGHENY COUNTY 5231 PENN AVENUE PITTSBURGH, PA 15224 CITY OF PITTSBURGH 1705 BELLEAU DRIVE PITTSBURGH, PA 15212 4. Name and address of the last recorded holder of every mortgage of record: BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 EASTERN MORTGAGE SERVICES, INC. 205 PARK CLUB LANE BUFFALO, NY 1431-9000 NATIONBANC MORTGAGE CORPORATION 205 PARK CLUB LANE BUFFALO, NJ 14231-9000 FULTON BANK ONE PENN SQUARE LANCASTER, PA 17601 5. Name and address of every other person who has any record lien on the property: 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: DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU 1COURTHOUSESQUARE CARLISLE, PA17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 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: TENANT(S)/OCCUPANT(S) 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.6850-CIVIL TERM ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ANN HILARY PAYNE 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 Your house (real estate) at: 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale onMARCH 3, 2004 at: CUMBERLAND COUNTY COURTHOUSE 2NDFLOOR, COMMISSIONERSHEARING ROOM 1COURTHOUSESQUARE CARLISLE, PA17013-3387 at 10:00 a.m. to enforce the court judgment of $143,746.02 obtained by BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION against you. 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 BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 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 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 (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 (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 umil the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanAPRIL 3, 2004 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL THAT CERTAIN MESSUAGE OR TRACT OF LAND SITUATE IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POST CORNER OF YORK AND MARBLE STREETS; THENCE NORTH BY SAID YORK STREET SEVENTY (70) FEET, FOUR (4) INCHES TO LOT OF JACOB ZINN; THENCE EAST BY SAID LOT ONE HUNDRED SIXTY TWO (162) FEET SIX (6) INCHES TO A TWENTY (20) FOOT ALLEY; THENCE SOUTH BY SAID ALLEY FIFTY TWO (52) FEET, SIX INCHES TO MARBLE STREET; THENCE WEST BY SAID MARBLE STREET ONE HUNDRED SIXTY THREE (163) FEET TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED AND NOW BEING A DWELLING HOUSE, 439 S. YORK STREET, WITH NECESSARY OUTBUILDINGS. BEING THE SAME PREMISES WHICH HILARY A. PAYNE, BY DEED DATED APRIL 9, 1996 AND RECORDED APRIL 18, 1996 IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 137, PAGE 860, GRANTED AND CONVEYED UNTO MICHAEL R. KELLY AND ANN HILLARY PAYNE, THE MORTGAGORS HEREIN. PARCEL # 20-24-0785-414 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.6850-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 Your house (real estate) at: 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale onMARCH 3, 2004at: CUMBERLAND COUNTY COURTHOUSE 2NDFLOOR, COMMISSIONERS HEARING ROOM 1COURTHOUSESQUARE CARLISLE, PAl7013-3387 at 10:00 a.m. to enforce the court judgment of $143,746.02obtained by BA MORTGAGE, LLC SUCCESSOR 1N INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION against you. 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 BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION the amotmt of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 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 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 (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 (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yon. 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 no later thanAPRIL 3, 2004. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule un/ess exceptions (reasons why the proposed distribution is wrong) are flied with the Sheriff within ten (10) days after the date of filing of said schedule. You may also have other rights and defenses, or ways of getting your house 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 COURTHOUSE 1COURTHOUSESQUARE CARLISLE, PA17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTA1NED WILL BE USED FOR THAT PURPOSE. ALL THAT CERTAIN MESSUAGE OR TRACT OF LAND SITUATE IN THE BOROUGH OF ' MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POST CORNER OF YORK AND MARBLE STREETS; THENCE NORTH BY SAID YORK STREET SEVENTY (70) FEET, FOUR (4) INCHES TO LOT OF JACOB ZINN; THENCE EAST BY SAID LOT ONE HUNDRED SIXTY TWO (162) FEET SIX (6) INCHES TO A TWENTY (20) FOOT ALLEY; THENCE SOUTH BY SAID ALLEY FIFTY TWO (52) FEET, SIX INCHES TO MARBLE STREET; THENCE WEST BY SAID MARBLE STREET ONE HUNDRED SIXTY THREE (163) FEET TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED AND NOW BEING A DWELLING HOUSE, 439 S. YORK STREET, WITH NECESSARY OUTBUILDINGS. BEING THE SAME PREMISES WHICH HILARY A. PAYNE, BY DEED DATED APRIL 9, 1996 AND RECORDED APRIL 18, 1996 IN THE RECORDER'S OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 137, PAGE 860, GRANTED AND CONVEYED UNTO MICHAEL R. KELLY AND ANN HILLARY PAYNE, THE MORTGAGORS HEREIN. PARCEL # 20-24-0785-414 Spear & Hoffman, P.A. KEVIN DISK1N, ESQUIRE Attorney I.D. No. 86727 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff BA MORTGAGE, LLC SUCCESSOR IN iNTEREST BY MERGER OF NATIONBANC MORTGAGE CORPORATION VS. ANN HILARY PAYNE AND MICHAEL R. KELLY Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 6850-CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, KEVIN DISKIN, ESQUIRE, Attorney for Plaintifl; hereby certify that Notice of Sale was served on all persons appearing on Plaintift's Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. //KEVIN DIsKIN, ESQUIRE BA Mortgage, LLC Successor In Interest By Merger of Nationsbanc Mortgage Corporation VS Ann Hilary Payne and Michael R. Kelly In The Court of Common Pleas of Cumberland Cotmty, Pennsylvania Writ No. 2001-6850 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Bonnie Dahl. SherifFs Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Service Law Journal Patriot News Law Library Prothonotary Share of Bills 30.00 4.46 15.00 15.00 15.00 30.00 13.80 73.20 .50 1.00 29.32 $ 227.28 paid by attorney 02/24/04 Sworn and subscribed to before me So Answers: · homas Kline, Sheriff Prothonotary Real Esta~ Deputy S~PEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF COPY BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 6850~CIVIL TERM ANN HILARY PAYNE AND MICHAEL R. KELLY DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129. I BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, BONNIE DAHL, 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 439 SOUTH YORK STREET MECHANICSBURG, PA 17055: I. Name and address of Owner(s) or Reputed Owner(s): ANN HILARY PAYNE 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: ANN HILARY PAYNE 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 MICHAEL R. KELLY 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: ALLEGHENY COUNTY 5231 PENN AVENUE PITTSBURGH, PA 15224 CITY OF PITTSBURGH 1705 BELLEAU DRIVE PITTSBURGH, PA 15212 Name and address of the last recorded holder of every mortgage of record: BA MORTGAGE, LLC SUCCESSOR IN INTEREST BY MERGER OF NATIONSBANC · MORTGAGE CORPORATION 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 EASTERN MORTGAGE SERVICES, INC. 205 PARK CLUB LANE BUFFALO, NY 1431-9000 NATIONBANC MORTGAGE CORPORATION 205 PARK CLUB LANE BUFFALO, NJ 14231-9000 FULTON BANK ONE PENN SQUARE LANCASTER, PA 17601 5. Name and address of every other person who has any record lien on the property: 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: DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU 1COURTHOUSESQUARE CARLISLE, PA17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 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: TENANT(S)/OCCUPANT(S) 439 SOUTH YORK STREET MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. ~_.~.-~ BONNIE DAHL, ESQUIRE Attorney for Plaimiff PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : 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: JANUARY 16, 23, 30, 2004 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. ~ E~TATE I~ALE NO. 62 Writ No. 2001-6850 Civil BA Mortgage, LLC. successor in interest by merger of Nationsbane Mortgage Corporation VS. Ann Hilary Payne and Michael R. Kelly Atty.: Bonrde Dabl AI~L THAT CERTAIN raessuage or tract of land situate in the Bor ough of Mechanicsburg, Cumber- land County, Pennsylvania. bound ed and described as follows, to wit; BEGINNING at a post corner of York and Marble Streets; thence North by sad York Street seventy (70) feet, four {4) inches to lot of dacob Zlnn; thence East by said lot one hundred sixty two (162) feet slx Icy; thence South by said alley fifty two (52) feet, slx inches to Marble Stt'eet; thence West by said Marble Street one hundred sixty three (163) / /~i§a Marie COyne' E4itOr SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Nota~ Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 VS. Ann Hilary Payne and Michael R. Kelly Atty.: Bonnie Dahl ALL THAT CERTAIN messuage or tract of land situate in the Bor ough of Mechanicsburg, Cumber- land County, Pennsylvania. bound- ed and described as follows, to wit; BEGINNING at a post corner of York and Marble Streets; thence North by said York Street seventy (70) feet. four (4] inches to lot of Jacob Zinn; thence East by said lot one hundred sixty two {162) feet six ~ Inches to ~ tw~..tz {201 foot al- ley: thence South by said alley fifty two {52} feet. six inches to Marble Street; thence West by said Marble Street one hundred sixty three {163} feet to the place of begh~ting. HAVING THEREON ERECTED and now being a dwelling house. 439 $. York Street, with necessary out buildings. BEING the sm-ne premises which Hllary A. Payne. by deed dated April 9, 1996 and recorded April 18. 1996 in the Recorder's Office in and for Cumberland County, Pennsylva- nia in Deed Book Volume 137, Page 860, granted and conveyed unto Michael R. Kelly and Ann Hillary Payne, the mortgagors herein. PARCEL #20-24-0785-414. 30 day of JANUAR~ k01$ E, SNYDER, N01a~/pnbl Carlisle Bom, Cumberland Cou~ My Commission Expires March 5,