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HomeMy WebLinkAbout09-6717UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 ,,YMGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. P.O. Box 9000 Getzville, NY 14068 Plaintiff V. Timothy F. Straub Calvin W. Williams, III 157 South 32nd Street Camp Hill, PA 17011 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. Dq - toll 1 blVl( Tem COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20)dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar 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 demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, 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 ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 t.: 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Bank of America, N.A. Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding.the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 622-624 Market Street Lemoyne, PA 17043 MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Lemoyne COUNTY: Cumberland DATE EXECUTED: 11/11/05 DATE RECORDED: 11/16/05 BOOK: 1931 PAGE: 298 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to'comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of . It. principal and interest when due in the amounts (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 08/12/09: Principal of debt due $152,103.38 Unpaid Interest at 6.75% from 12/01/08 to 08/12/09 (the per diem interest accruing on this debt is $28.13 and that sum should be added each day after 08/12/09) 7,154.06 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 08/12/09) 119.95 Late Charges (monthly late charge of $64.06 should be added in accordance with the terms of the note each month after 08/12/09) 153.24 Attorneys Fees (anticipated and actual to 5% of principal) 7,605.17 TOTAL $167,800.80 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $167,800.80 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN _LJV4 OFFICES, P- BY i ' At tor e r a: ntiff MARK EN E UIRE STUAR WI ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE ALL THAT CMrAM lot of r County,.Permsylvauia, bounded and deed ass om the BarotngFt of to vvit LeMoyne, Cumbolaad : 6th BEGIIrTI' NG at a point BOuffim aide of Mad= tt being g 3S feet th? ?? 71 degMes g Ea. S°,, from point; t; 9w= North 3 degt60 tj Ces 31 A a 40 feet to a point at a pi4 timm South 18 Paiat; thGnoe South 71 degrees 29 of MA•km 5troe4 the ptaee of BEGIIVNlNG' 60 feet to a point at art iron pin in V Vg fay to a svuthem Line BE]VG Lot No. Y on Subdivision Pjan of Mcmded in Cumberland County Recordws D?cc in Donald D. Wilson dftd Plan Book 27, a 34. August 18, 1975 and HAVING green ea a TWO QTY firm2c dweili% known as 622 and 624 BEYNCr the saata Mmixt meet. Premises which Donald It. W of deed dated April 5, 1979 and .? IlSon and Jean M. 'WUM his wife by virtue an d for Cum P S. 1979 in the Oface of the RecML of Conveyed UUo Pa CMOM and .Naomi A. Gaughan, busb8and Vol. 1 P? 98$, Gaughan departed V.Co • li??and The saki Nei A. on mber ??e 8a 25, 1945, thereby vestg ,tic as the tit unto Paul 1% Ga rsart ul The said P? V. ?g entireties . who joins in titi? o ?v?= t., tram Gough= fitly tried to M Ann ofher iagc to the said Pgt,I V. Gain ? herein whawocver sic may have by v=w E September 4, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMF,OWNF,ROS MORTGAGE. ASSISTANCE PROGRAM (HE,MAP) may a ahle to help to cave your home- This Notice explains how the program works- This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Timothy F Straub Calvin W Williams 622-624 Market Street Lemoyn.e,_PA.17043._._ 3500032598..._._..._.__..._...._._...._.........._._._...._._... American Home Mortg#= Bank of America HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE F.i IGIBiN, FOR FINANCIAL ASSISTANCF, WHICH CAN SAVE, YOUR HOME, FROM FORRCi.OSURF. AND HELP YOU MAKF. FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MF.F.TiNG MUST OCCUR WiTHiN NOTICE CALLED DHOW TO C1 THE YOTTR MORTGAGE DEEATMID, FXPT AiNS HOW TO BRING YOT TR MORTGAGE T TP TO DATE CONSUMER CREDIT COUNSELING A(i'F.NCiEC -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers are get thrth at the end of this Notice. It is only necessary to schedule one face-to-face meeting Advise your lender immediate] of your intentions. APPLICATION FOR MORTGAGF. ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATITRF OF THF. DF.FAITI,T -- The MORTGAGE debt held by the above lender on your property located at: 622-624 Market Street Lemoyne, PA 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: .Moaft. Pay._ments of .$1281 10 for January_L.2M._throu?h September 1..2009_=._$11529.90 Monthly Late Charges-of_$(4 06 for January_l,._2009 through August_1„_2009_ =...$153.24____..___.___..._.... Other charges (explain/itemize): Property Inspection = $ 60.00 Escrow Advance $119.95 TOTAL AMOUNT _PAST _DUE: --.--__....__._._......._......._...._..........-........._.........___.__ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Dn not use if not aTnlienble): WA HOW TO CITRE THF. DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 511863.09_ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment-, must he made either by msh, cashier's check, rertified check or money order made awahle and sent to, You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable l: 1Y[A Page 3 of 3 TF YOTT tO NOT CURE THF, DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right s to accelerate the mortgage deht_ This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forecloses n your mortgaged pmpaj:y, TF TRF. MORTGAGF. IS FORECLOSED UPON _ The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAV period, you will not he required to pay attorney's fees- OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CITRE. THE, DEFAULT PRIOR TO SHERIFF'S SAi.F. - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yon still have the right to T$ the total amount then past due, ln L any late or other charges then due, reasonahle attorney's fees and costs connected with the for . log ur sal and any other ends connected with the'Sheriffs 4al as a c? a ified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATF. - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. F.FFRCT OF SHF,RiFF'S SAi.F - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE. - You May not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Page 6 of 6 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM Adams County interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Lingiestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 f' ? In C r•- r O O n \?/ m <<< p° n .r s p J= :m :r z arm v o -? y c- rr v p?_ g©Z n Er a- m m - ru ru ...- m m era -0 ?U Postage $ --??? M ru Certified Fee O O Return Receipt Fe O C3 (Endorsement Requirede ) Postmark ?.? C3 c3 ,.- Here. --"' (EndorseeDeReq O O fired) ---? 1 rl Total Postage R Fees Q r-I `? - 1* 'S nt To ?'--- O a ......... L ??( ?? ---..? O ? Street. Apf. '• i -----•• or PO 56" Box N h; S e, Z ' lP+4 (~ D G = X O J 2 Q O _ f °8 n --d r„ f ?r r? ?P. = ?. r- • m m ru ru m m ?... m m -a -0 rtitie ! r =? O O Return Receipt Fee I O O (Endors ent Required) j C3 O Restricted Deliven, Fee (Endorsement Required) El C3 r-9 r-q Total Postage E, FLes r-q r? r1 Sent C13 C13 ?? ?traer. f3? r NO I V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P. BY: httor M.R for ?lantiff MARK ESQUIRE STUAR ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE f1. RLED.-O ?HfC ;_ TARY 2009 0C i -8 AH H: : 39 ih d 'a '?`?J V 7Yl L,._ ,U ?Ji??1 1 ? 78.5o PO ATM Ct*t* 13SIv39 Pat AN cca3 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ,t" Q{ L??anbr„rt, ???, ttt JZ?u- :° ?J??E Bank of America, NA vs. Timothy F. Straub 2HI, OrT 14 F 3: 01 CLJ PL- r ;. r Case Number 2009-6717 SHERIFF'S RETURN OF SERVICE 10/09/2009 01:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 9 2009 at 1310 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Calvin W. Williams III, by making known unto Keri Kauffman, Realtor at 157 S. 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/09/2009 01:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 9 2009 at 1310 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy F. Straub, by making known unto Keri Kauffman, Realtor at 157 S. 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 SO ANS E ??.0 October 12, 2009 R THOMAS KLINE, SHERIFF 0001, By 'All puty Sh riff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Bank of America, N.A. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION ::Cumberland County V. Timothy F. Straub Calvin W. Williams, III :NO. 09-6717 Civil Term Defendant (s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: November`9, 2'009- 0 FACES Attor ey, for 1 intifE ? `- MARK REN, ESQUIRE STUART E , ESQUIRE LORRAINE LE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE el S glo. ov ?K 134534 I? ? 3 3 38? SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 01utnr? OFFICE OF T -E S-ER(FF FILED-OM 10f: OF THE PP;0T CNTARY Bank of America, NA vs. Timothy F. Straub 2009 NOV 19 P 12= 58 CUW* =itl." a, - , . "l IN7 , f N VSYLv , lift Case Number 2009-6717 SHERIFF'S RETURN OF SERVICE 11/1612009 04:40 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 16, 2009 at 1640 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Calvin W. Williams III, by making known unto Timothy F. Straub, adult in charge at 157 South 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/16/2009 04:40 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 16, 2009 at 1640 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy F. Straub, by making known unto himself personally, at 157 Soutt 32nd Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.94 November 17, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Sheriff 4#tgy? (C) COLIMYSIARe Sheriff. TeleosoR. In,, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~tti~titp nl ~"tct~brr,~~d .~~ . .. .. lr- C~FfCE C~F'~E S!~~RIRF _ _: _ ,. `= Jody S Smith Chief Deputy Richard W Stewart Solicitor h a~tG ~ ~ ~~ g= ~s 1~,~ ;~- , ['_:.,. Bank of America, NA Case Number vs. Timothy F. Straub (et al.) 2009-6717 SHERIFF'S RETURN OF SERVICE 04/06/2010 07:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1945 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Timothy F. Straub and Calvin W. Williams, II1, located at, 622-624 Market Street, Lemoyne, Cumberland County, Pennsylvania according to law 06/02/2010 Property sale postponed to 7/7/2010. 07/07/2010 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 July 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren, on behalf of Federal Home Loan Mortgage Corporation, 8000 Jones Branch Drive, McLean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of 1,060.36 SHERIFF COST: $1,060.36 SO ANSWERS, August 17, 2010 RON R ANDERSON, SHERIFF .D~ ~ ~ Q.c,Q~, a od ~ , ~. ~-~~>~~a ,~ ~~~ g7v (cj CountySuite Sheriff, Teleosoft. Inc. r ~' ~ iTDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34.576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. :COURT OF COMMON PLEAS Plaintiff =CIVIL DIVISION v. €Cumberland County =MORTGAGE FORECLOSURE - Timothy F. Straub ': NO. 09-6717 Civil Term Calvin W. Williams, III Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe-for the Writ of Execution was filed the following information concerning the real property located at: 622-624 Market Street, Lemoyne, PA 17043 1. Name and address of Owner(s) or reputed Owner(s): Name Address Timothy F. Straub 157 South 32nd Street Camp Hill, PA 17011 Calvin W. Williams, III 157 South 32nd Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Scott A. Marlow 444 Bosler Avenue, Lemoyne, PA ~r 4. Name anti address of the ~of record: Name Bank of America, N.A BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. Citibank N.A. as Successor Trustee for the Holders of Mastr Adjustable Mortgages Trust 2007-HF2 in a Securitixation Transaction Pursuant to Pooling and Servicing Agreement, Dates as of July 1, 2007 last recorded holder of every mortgage Address P.O. Box 9000 Getzville, NY 14068 7105 Corporate Drive Plano, TX 75024 c/o Jaime McGuinness, Esq. 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Phila., PA 19103 7105 Corporate Drive Plano, TX 75024 c/o Francis S. Hallinan 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Phila., PA 19103 Address to follow c/o Daniel H. Mancini 201 A Fairview Drive Monaca, PA 15061 US Bank, N.A. as Trustee 4837 Watt Avenue, Suite 100 under Pooling and No. Highlands, CA 95660 Servicing Agreement Dated as of May 1, 2007 c/o Mary L. Harbert-Bell Mastr Asset-backed 220 Lake Drive East, Suite 301 Securities Trust 2007 HE1 Cherry Hill, NJ 08002 Mortgage Pass-through Certificates, Series 2007 HE1 Mid Penn Bank MERS, Inc. 4622 Carlisle Pike Mechanicsburg, PA 17055 5500 Allentown Blvd. Harrisburg,PA 17112 P.O. Box 2026 Flint, MI 48501-2026 Deutche Bank Trust Company Americas as Trustee for RALI2007QS1 1100 Virginia Drive, PO Box 8300 Fort Washington, PA 19034 c/o Courtenay R. Dunn, Esq. 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Phila., PA 19103 f • , f 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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: Name Address Tenants/Occupants 622-624 Market Street Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: December 22, 2009 UDR O FILES, P. C. BY: ~F~ Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE jrL'OUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE ., y UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869_ ADAM L. KAYES, ESQUIRE - ID #86408 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. Plaintiff v. Timothy F. Straub Calvin W. Williams, III Defendant(s) 3 FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION €Cumberland County ;MORTGAGE FORECLOSURE `: NO. 09-6717 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Calvin W. Williams, III 157 South 32nd Street Camp Hill, PA 17011 Your house (real estate) at 622-624 Market Street Lemoyne, PA 17043 is scheduled to be sold at the Sheriff's Sale on June 2, 2010, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $171,834.26, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: .(856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARS THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH8 OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 ,,. ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT BEGINNING AT A POINT ON THE SOUTHERN SIDE OF MARKET STREET BEING 35 FEET BY SAME FROM 6TH STREET; THENCE NORTH 71 DEGREES 29 MINUTES EAST 40 FEET TO A POINT AT A PIN; THENCE SOUTH 18 DEGREES 31 MINUTES EAST 60 FEET TO A POINT; THENCE SOUTH 71 DEGREES 29 MINUTES WEST 40 FEET TO A POINT; THENCE NORTH 18 DEGREES 31 MINUTES WEST 60 FEET TO A POINT AT AN IRON PIN IN THE SOUTHERN LINE OF MARKET STREET, THE PLACE OF BEGINNING. BEING LOT NO.l ON SUBDIVISION PLAN OF DONALD D. WILSON DATED AUGUST 18, 1975 AND RECORDED. IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 27, PAGES 34. HAVING THEREON ERECTED A TWO STORY FRAME DWELLING KNOWN AS 622 AND 624 MARKET STREET. BEING THE SAME PREMISES WHICH DONALD D. WILSON AND JEAN M. WILSON, HIS WIFE, BY VIRTUE OF .DEED DATED APRIL 5, 1979 AND RECORDED APRIL 5, 1979 IN THE OFFICE OF THE RECORDER OF DEEDS IN FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK 28, VOL. 1, PAGE 988, GRANTED AND CONVEYED UNTO PAUL V. GAUGHAN AND NAOMI A. GAUGHAN, HUSBAND AND WIFE. THE SAID NAOMI A. GAUGHAN DEPARTED THIS LIFE ON NOVEMBER 25. 1995, THEREBY VESTING TITLE AS THE SURVIVING ENTIRETIES TENANT UNTO PAUL V. GAUGHAN. THE SAID PAUL V. GAUGHAN SUBSEQUENTLY REMARRIED TO M. ANN GUAGHAN WHO JOINS THIS CONVEYANCE TO TRANSFER ANY INTEREST WHATSOEVER SHE MAY HAVE BY VIRTUE OF HER MARRIAGE TO THE SAID PAUL V. GAUGHAN, GRANTOR HEREIN. BEING KNOWN AS: 622-624 Market Street, Lemoyne, PA 17043 PROPERTY ID NO.: 12-21-0267-264A TITLE TO SAID PREMISES IS VESTED IN TIMOTHY F. STRAUB AND CALVIN W. WILLIAMS, III AS JOINT TENANTS BY DEED FROM PAUL V. GAUGHAN AND M. ANN GAUGHAN, HUSBAND AND WIFE, AND FRANK H. KELLY AND KAREN L. KELLY, HUSBAND AND WIFE DATED 9/17/04 RECORDED 10/19/04 IN DEED BOOK 265 PAGE 3986. WRIT OF EXECUTION and/or ATTACHMENT ~' COMMONWEALTH OF PENNSYLVANIA) NO 09-6717 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Plaintiff (s) From TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III (1) You are directed to lery 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 $171,834.26 L.L. $.50 Interest from 12/23/09 to Date of Sale 6/2/10 Ongoing per diem of $28.13 -- $4,557.06 Atty's Comm % Due Prothy $2.00 Atty Paid $244.44 Other Costs Plaintiff Paid Date: 12/22/09 (` Is 0 Curt .Long, Prothonot v (Seal) gy: ~, Deputy REQUESTING PARTY: Name: LOUIS A. SIMONI, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 200869 ~~ ~ ~ ~ ~ : try 8'n March 22, 2010 the Sheriff levied upon the ~, r Q ~ <.. -~ -` ' ~fendant's interest in the real property situated in ~.~_ .e <~~ .:, ~, t.~_a ~:. t-u c__; ; ~.~_ -- ~,emoyne Borough, Cumberland County, PA, ~~ <-:.:=- Known and numbered as, 622-624 Market Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice ar publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 Notary -~--~- NOTARUIL SfA! DEBORAH A COLLiNB Nobiry PubNc . CUMBERLAND COUNTY ~ ~. Apt ta, z0~~ 4 ~~ Bank of America, NA va. Timothy F. Straub Calvin W. Williams, III Atty: Mark J. Udren ALL THAT CERTAIN lot of ground situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern side of Market Street be- ing 35 feet by same from 6th Street; thence North 71 degrees 29 minutes East 40 feet to a point at a pin; thence South 18 degrees 31 minutes Eaat 60 feet to a point; thence South 71 degrees 29 minutes Weat 40 feet to a point; thence North 18 degrees 31 minutes West 60 feet to a point at an iron pin in the southern line of Market Street, the place of BEGIN- NING. BEING Lot No.l on 3ubdiviaion Plan of Donald D. Wilson dated Au- gust 18, 1975 and recorded in Cum- berland County Recorder's Office in Plan Book 27, Pales 34. HAVING THEREON ERECTED a two story frame dwelling known as 622 and 624 Market Street. BEING the same premises which Donald D. Wilson and Jean M. Wil- son, his wife, by virtue of deed dated April 5, 1479 and recorded April 5, 1979 in the Office of the Recorder of Deeds in for Cumberland County, Pennsylvania, in Deed Book 28, Vol. 1, Page 988, granted and conveyed unto Paul V. Baughan and Naomi A. Gaughan, husband and wife. The said Naomi A. Gaughan departed this life on November 25. 1995, thereby vesting title as the surviving entireties tenant unto Paul V. Gaughan. The said Paul V. Gaughan subsequently remarried to M. Ann Guaghan who joins this conveyance to transfer any interest whatsoever she may have by virtue of her marriage to the said Paul V. Gaughan, grantor herein. BEING KNOWN AS: 622-624 Mar- ket Street, Lemoyne, PA 17043. PROPERTY ID NO.: 12-21-0267- 264A. TITLE TO SAID PREMISES IS `VESTED IN Timothy F. Straub and Calvin W. Williams, III as joint ten- ants by deed from Paul V. Gaughan and N. Ann Gaughan, husband and wife, and Frank H. Kelly and Karen "L. Kelly, husband and wife dated 9/ 17/04 recorded 10/ 19/04 in Deed Book 265 Page 3986. ~.. a......4,.....,.,,.,,,.,.. ~ ,~ ......„.,.,.,.< ...,,. 'ailJ.ll).l 4 h~4fl{ll#~( ~t:Gf4,~ ~/61fFyI Yi-AtJbO OYIAJA~BA~.~ ; ,b%!Ui1RQ8 3J21!}~AJ ltQS .$S tq~ act~xgx3 nOSte.:nrflgD gPA ~;. ,-.. The Patriot-News Co. 2020 Technology,Plcwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c'~e ~llahiot News NOw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04116/10 04/23/10 /lrr~~~ ~-~.. 04/30/10 ~'~~'G'G~%'~ . _ ... .. .......... Sworn to and syabscribed before me this-°tts a May, 2010 A.D. ~,,r.. ', -- No Public ~ `\~~, OOMMQNW~4L'T'H OF PENNSYLVANIA NotarlN SNI $hertie L. Klener, Notary Public Lower PaxtDn'TWP., Dauphin County My C.ommisslon bxplr~ Nov. 2b, 2011 Member, Pennsylvania Assocfatlon of Notaries wrlt No. 20096717 CIvNTsnn Bank of America, NA Ve.. Timothy F. Straug Calvin W. WNlia~s, HI Atty: Mark J udnln ALL THAT CERTAIN LOT OF GRQUND SITUATE IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBEDAS FOLLOWS, TO Wff: BEGINNING ATAPOINT ONTHE SOUTHERN SIDE OF, MARKET STREET BEING 35 FEET BY SAME FROM 6TH STREET; THENCE NORTH 71 DEGREES 24 MBNUTES EAST 40 FEET TO A POINT AT A PIN; THENCE SOUTH 18 DEGREES 31 MINUTES EAST 60 FEET TO A POINT; THENCE SOUTH 71 DEGREES 29 MINUTES WEST 40 FEET TO A POINT; THENCE NORTH 18 DEGREES 3I MIIES WEST 60 FEET TO A POINT AT AN ON PIN IN THE SOUTHERN LBQE OF' 1`'IARKk f STREET, THE PLACE OF BEGINNING. BEING LOT N0.1 ON SUBDMSION PLAN OF DONALD D. WIISON DATED AUCJUST 18,1975ANDRECORDIIDINCUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 27, PAGES 34. HAVING THEREON ERECTED A TWO STORY FRAME DWELLING KNOWNAS 622 .AND 624 MARKET STREET. BEING THE SAME PREMISES WHICH DONALIl D. WILSON AND JEAN M. WIISON, HIS WIFE, BY VBtTUE OF DEED DATED APRIL 5, 1979 AND RBdORDED. APRIL 5, 1979 IN THE OFFICE OF THE RECORDER OF DEEDS TN hOR CTThIBERLAND coUNT'1; PENNSYLWANIA, IN DEED BOOK 28, VOL. 1; PAGE 988, GIFANTED AND CONVEYED UNTO PAUL V. GAUGHAN AND NAOMI A. GAtJGHAN, HG-SBAND AND WIFE. THE SAID I~AOMI A. ~,AUGHAN DEPARTED THiS LIFE ON NOVEMBER 25. 1995, THEREBY VESTING TITLE. AS THE SURVIVING ENT'IltETIES TENANT UNTO PAUL V GAUGHAN. THE SAip PAUL V GAUGHAN SuBS~tiJ~NTI-Y R~ TU M: ANN GUAGHAN WHO JOINS THIS CONVEYANCE 1'0 TRANSFER ANY INTEREST WHATSOEVER 5HE MAY HXVE BY VIRT[JE OF HER MARC~AGEfiO THE SAID PAUL V GAUGHAN, GRANTOR HEREIN. BEINO KNOWN AS: 622-62A t Stroet. Lemoyne, PA 17043 PROPERTY ID NO:i 12-2I-0267-2f4A ., TITLE TO SAID PREMISES IS VESTED IN TIMOTHY F. STRAUB AND CA,LV»i W. WII,LIAMS, III AS JOINT TENANTS BY DEED FROM PAULV. GAUGHAN AND N. ANN GAUGHAN, HUSBAND, AND: WIFE, AND FRANK H. KELLY AND KAREN ir. KELLY, HUSBAND AND ~VQ{$ DATED 9/17!04 RFJCORDED 10/19/04 YN D11~! BOOK 265 PAGE 3986. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 7TH day of JULY A.D., 2010, under and by virtue of a writ Execution issued on the 22 day of DEC, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6717, at the suit of BANK OF AMERICA N A against TIMOTHY F STRAUB is duly recorded as Instrument Number 201022709. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~ day of A.D. d D of Deeds OMAN