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Home My WebLink About09-7466Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ,,?rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 :Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 217114 BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. p9 - 7?f (off bviae-r*? CUMBERLAND COUNTY File #: 217114 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 217114 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/20/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST MAGNUS FINANCIAL CORPORATION, AN ARIZONA CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1990, Page 1537. By Assignment of Mortgage recorded 07/02/2008 the mortgage was assigned to COUNTRYWIDE HOME LOANS, INC. which Assignment is recorded in Assignment of Mortgage Instrument No. 200822549. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 217114 6. The following amounts are due on the mortgage: Principal Balance $154,882.03 Interest $4,292.40 04/01/2009 through 10/27/2009 (Per Diem $20.44) Attorney's Fees $1,325.00 Cumulative Late Charges $181.50 04/20/2007 to 09/15/2009 Cost of Suit and Title Search $-5-50-00 Subtotal $161,230.93 Escrow Credit $0.00 Deficit $1,411.91 Subtotal $1,411.91 TOTAL $162,642.84 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 217114 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $162,642.84, together with interest from 10/27/2009 at the rate of $20.44 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 217114 LEGAL DESCRIPTION BEING all that certain lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Navtech, Inc., PLS dated September 25, 2006 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 94, Page 31, as follows: PARCEL I BEGINNING at a point in the southern right of way line of Church of God Road SR 4023 at western edge of intersection of Grahams Woods Road, T-448; thence along Grahams Woods Road, T-448 by a curve to the left having a radius of 472.04 feet, an arc distance of 94.48 feet on a chord bearing of South 43 degrees 06 minutes 44 seconds East; thence still along the western right of way line of Grahams Woods Road, T-448 South 49 degrees 23 minutes 26 seconds East 54.55 feet to a point; thence still along the same by a curve to the right having a radius of 448.04 feet, an arc distance of 103.06 feet on a chord bearing of South 41 degrees 03 minutes 42 seconds East to an iron pin; thence along Lot No. 1 South 47 degrees 16 minutes 31 seconds West 214.52 feet to an iron pin set; thence still along Lot No. 1 North 46 degrees 37 minutes 11 seconds West 247.82 feet to a concrete monument; thence along right of way line of Church of God Road, SR 4023 North 45 degrees 09 minutes 47 seconds East 145.03 feet to a point; thence still along same North 48 degrees 10 minutes 55 seconds East 82.45 feet to a point, the place of BEGINNING. File #: 217114 PARCEL 2 BEGINNING at a point in southern right of way line of Church of God Road, SR 4023 at eastern edge of Grahams Woods Road, T-448; thence along Church of God Road, SR 4023 North 48 degrees 10 minutes 55 seconds East 19.31 feet to a point; thence still along same by a curve to the left having a radius of 1083.47 feet, with an arc distance of 79.74 feet on a chord bearing of North 42 degrees 53 minutes 58 seconds East; thence along lands now or formerly of Michael E. Sheaffer and Randall A. Wert South 17 degrees 43 minutes 50 seconds East 213.81 feet to a point; thence along the eastern edge of Grahams Woods Road by a curve to the left having a radius of 498.04 feet, an arc distance of 45.42 feet on a chord bearing of North 45 degrees 07 minutes 41 seconds West to a point; thence continuing along the eastern edge of Grahams Woods Road, T-448 North 49 degrees 23 minutes 26 seconds West 55.05 feet to a point; thence still along same by a curve to the right having a radius of 422.04 feet, an arc distance of 88.13 feet on a chord bearing of North 42 degrees 49 minutes 59 seconds West to a point the place of BEGINNING. Combined parcels contain 1.50 acres as set forth as Lot No. 2. and being known as 898 Grahams Woods Road on Plan for Bryant and Donna Minnich. Said Tract is separated by Grahams Woods Road, T448 and is described separately. PARCEL NO. 43-04-0385-21 PROPERTY BEING: 898 GRAHAMS WOOD ROAD File #: 217114 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: File #: 217114 Qb FILED-OFFICE OF THE PRC -T'-CCNJTARY 2009 OCT 29 AM 10: 23 CLi1Yf`_;u J - U y 1 1 '1a.5o Pp ATr-I cx'? 80480 a3aq N 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 ~~tyt'lti, ~t ~li~ut~r~f~~t 2~?~ ~~J'~t -3 ~~r~ !~~ 26 ors ~~i~~ ~, _vl . N .~ i ~ i , BAC Home Loans Servicing, LP vs. Michael Nicky Case Number 2009-7466 SHERIFF'S RETURN OF SERVICE 10/29/2009 08:12 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 29, 2009 at 2012 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael Nicky, by making known unto himself personally, at 898 Grahams Woods Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 October 30, 2009 SO ANS~ ~s- ~~~ J.~ R THOMAS KLINE, SHERIFF ~ ~~ Deputy eriff Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., ld. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esyy , Id. No. 62205 Michele M. Bradford, Esg , Id. No. 69849 Judith T. Romano, Esg~, ld. No. 58745 Sheetal R. Shah-Jani, Esg. Id. No. 81760 Jenine R. Davey, Esq., Id. Flo. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. X10. 86657 Peter J. Mulcahy, ~sq , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness; Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq~~ Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq.: Id No. 208375 1617 JFK Boulevard, Surte 1400 One Penn Center Plaza Philadelphia PA 19103 215-563-7040 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, v. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant ~~~~ ~~~' Twc P,~fl?'~i'',~tt~*,~Y 1~ I O KQ Y t 3 PP! ~: 03 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-7466 VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to MICHAEL NICKY A/K/A MICHAEL NICKEY on 4/19/2010 in accordance with the Order of Court dated 4/13/2010. The property was posted on 4/27/2010. Publication was advertised in THE LAW JOURNAL on 4/30/2010 & in THE SENTINEL on 4/21/2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP La rence T. Phe an, ' •e Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ~Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones Esquire Andrew L. S~pivack, Esq., Id. No. 84439 Peter J. Mulcahy, Esquire Jaime McGuinnessx Esquire Chrisovalante P. Fhakos,,Esquire Joshua I. Goldman, Esquire Courtenayy R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Dated: May 12, 2010 APR 12 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _ BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME ~ LOANS SERVICING LP vs. MICHAEL NICKY A/K/A M1CI-IAEL NICKEY ~P p~~ Civil Division ~~~s~~r~~~ No. 09-7466 CIVIL TERM ~~~f~~ ORDER AND NOW, this 13 ~"~- day of ~ ~~, , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby C}RrJERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Noti~:.: of Sale and all future pleadings on Defendant, MICHAEL NICKY A/K/A MICHAEL NICKEY, by: 1. Posting of the premises: 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241. :'. First class mail to MICHAEL NICKY A/K/A MICHAEL NICKEY at the mortg~.~;<al premises located at 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOOI~~ :GOAD, NEWVILLE, PA 17241; and Certified mail to MICHAEL NICKY A/K/A MICHAEL NICKEY at the mortg~~=,.~~i premises located at 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WO~~~}E .ROAD, NEWVILLE, PA 17241; and ~. Publication in accordance with PA. R.C.P. 430. 21°". , BY THE COURT: J. 2 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the 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. .~ Li Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 Notary NOTARIAL SEA! DE80RAH A COt.LIN8 Notary PubNc CARLISLE 80ROUGH, CUMBERlANO COUNTY My Commiaion Expire: Apr 26, 2011 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE Apr. 30 In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 09-7466 CIVIL TERM BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING LP vs. MICHAEL NICKY A/K/A MICHAEL NICKEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: MICHAEL NICKY A/K/A MICHAEL NICKEY ALL THAT following described lot of ground situate, lying and being in UPPER FRANKFORD Township, County of CUMBERLAND Common- wealth of Pennsylvania, bounded and limited as follows, to wit: Being Premises: 898 GRAHAMS WOOD ROAD, A/K/A 898 GRA- HAMS WOODS ROAD, NEWVILLE, PA 17241. Improvements consist of residen- tial property. Sold as the property of MICHAEL NICKY A/K/A MICHAEL NICKEY. Parcel #43-04-0385-021. Your house (real estate) at 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 A.M. at the CUMBERLAND County Court- house to enforce the Court Judg- ment of $163,419.56 obtained by, BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING LP (the mort- gagee), against your Prop. sit. in UPPER FRANKFORD Township, County of CUMBERLAND, and State of Pennsylvania. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 21, 2010 COPY OF NOTICE OF PUBLICATION ~- . .. u . _ ~ , - -_.~_._... _.._.~._ .,_..µ_ ~.--_ ~ ~~.~ OF CUN~t;QUItYI'.F~`~~'M~~~N(A -. - NO. QB-76QE CIVfL TE{~'~iM t#AC k~7AN8~t'~gVICMO,LP:FA(fAi/OUNFf4YWIt~EWORA1t _~' - ~- toAN$wtclram.LP , vs. AfICHAEtNICiCY HAEL NICKEY - NO 7Q,l~I~KYMVAMI~NiCKEY ,~ 0~4' BNIE~i~' ~ LE'~I~ REiAd ER~If" I~11. Tk1A# ge~p~ged 14~ ~ Wotu+d a~a+afe, lYf~ ~d ¢eht4 (n UPPER ; gR,~ Coimf~r of CUAABERU4PfD tflnmpn(N1aM- of - Penn§yfvaniQ, Aourf dnd Iknited as foggws, to wit: ~~~s~~lng P 89~ t,#RAMAFAS WOOD ROAD, AIK~1 Bt16 ®RAMAAi$ '` wOp~~, NEW1~{Lf_E, PA 17241 ImpmYernettte o0n;iat Ot rea(dantiat p Sold sa the,~(xopVr~rot l~Mp~FaAEL NICKY I1/K1J4 M1 W L t~IGKEY Pardel~~4$-04-0386021` - Your house (real ectat8) $t a, @~$~,$ WOOD ROAD~~ ~~U1e~ s s on~~jQ at ;QQ~ the CUiMBE:R+LANDa Cc-t~nEyG~q~tluealoed aCouA~Ju~rttot . by. P+eneQyhranie. , P d bMmdhip; minty CU~LAND,~and $tQ~ of Qaniel Schmieq, Esquire Attorney for PlainifN Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ~~-^-- Sworn to and subscribed before me this O ~1~1./I`r u/ V Notary Public My commission expires: •atalln.a~rwanr....r.. MOTARtAt. 3EAt DAMN AMN HECKENOOIIM CARLISLE BORE. CtlM9EiilAND CNTY My Comfrtia><Ion Expinft Jrtrt 27, 2014 .~....~r.~.~........ JAiI~ .iA4~1Afif?~1 HRE3sJYl~M~~H iANA NltllAB :11~ ~~~ vx;~ {~,t;~ s>~3d#11i7 4k'~tl{}AC~t~ Y:ZI.IRA'.) "c "~ nit. aye:^.x . -r) : z~'n~tsu~ ~tJ~ • ~_ AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP DEFENDANT MICHAEL NICKY A/K/A MICHAEL NICKEY SERVE MICHAEL NICKY A/K/A MICHAEL NICKEY AT: 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 **PLEASE POST PROPERTY BY 5/2/2010** PHS # 217114 SERVICE TEAM/ 'in COURT NO.: 09-7466 CIVIL TERM TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: 06/02/2010 SERVED Served and made known to M IG' E~ Ntek,~ ,Defendant on the 27~'`day of ~PQ- ~ 1- , 20 1 p , at = 4 ~ , o'clock ~. M., at ~ $ fT2Ar~gm oo s (ZoA•~ , in the manner described below: Defendant personally served. NE W v It,t,E~ ~~ _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. ~ Other: ~D~-~-ED ~QD-p ~A-T Y. Description: Age Height Weight Race Sex Other I, -C.D~V~'L~O (~.D L~-a competent adult, being duly sworn according to law, depose and state that I personally.I~~tp a and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the aptJOned case on the date and at the address indicated above. Sworn to and subscribed before e this aT~- day of , 20 I cT ` Not By. On the day o , 20_, at _ Vacant _ Bad Address No Answer _ Service Refused d~ Other: Sworn to and subscribed obeffore me this ~~ day > By: Notary: KIMBERLY CURTY NOTARY PUBLIC ~~ .STATE OF NEW JERSEY ~ •• COMMISSION EXPIRES MARCH 1, 2013 NOT SERVED o'clock _. M., Defendant NOT FOUND because: Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. HalBnan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., kl. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shcelal R Shah-Jani, Esq., Id. No. 81760 Janine R. Ilavey, Fsq., Id. No. 87077 Lauren R Tabas, Fsq., Id. No. 93337 Vivck Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Fsq., Id. No. 61791 Andrew 1.. Spivack, Esq., Id. No. 84439 Jaime McGuinrass, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Fsq., ld. No. 205047 Courtenay R. Dunn, Fsq., Id. No. 206779 Andrew C. BramblMy Esq., Id. No. 2118375 (hie Pmn Ccnlcr at Suburban Station 1617 John F. Krnncdy Blvd., Suite 14W Philadelphia, PA 19103-1814 ~d r ~~ N ~ r ~. ~., z c ~ vI ~ ~ w ~ N ~ ~ p ~0 00 ~ o~ vI ~ w N y O. ~ "' c ~ o ~ M = ~ * ~. * ~ ~. ,E ~ iF ~ ~ iF .~ * * iF * * ~ ~ ~o ~ °= ~ ~ z~°°~~ t~ ~ z ~ ~ ti ~ ~' oM ~ (' ~~ r..~r"' C'" a ~' N ~~o~~ ~~~ a ~ o ~ 00 ~o ~~ ~ o ~°a ~~ ~~ a ~~ .. ~ a a ~ e 0 <~ ~~ b 0 y Y ~~ ~ ~ ~~ 0 // a 7~ ~ 3 ~ PITNEY BOWES 02 ,M ~ 01.26° ' 00042]7256 APR19 2010 MAILED FROM ZIP CODE 1 910 3 0 "' a m ~'~9 ] ~ ~ ~ ~ m ~ ~ CL ii bo ~~ . ~, ~. ~~ ~~ ~ A ~ ~ ~~ ~~ O O W~ a 0 0 ro x z r r z n 7178 2417 6099 0054 5735 3 / SPL MICHAEL NICKY 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS ~ Track & Confirm urvr~r~ srnrEs ~asrnc s~v~~ Page 1 of 1 Home ~ He1n I Sign In ~: ~~ _ _ .__ , Track & Confirm FAQs. Trek confirm Se~lrc6 Results Label/Receipt Number: 7178 2417 6099 0054 5735 Class: First-Class Mail® Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 10:39 AM on April 24, 2010 in NEVWILLE, PA 17241. Detailed Results: • Delivered, April 24, 2010, 10:39 am, NEWVILLE, PA 17241 • Arrival at Unit, April 24, 2010, 8:42 am, NEWVILLE, PA 17241 • Acceptance, April 19, 2010, 5:51 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, April 19, 2010 Track & Confirm Enter Label/Receipt Number. ~--~ Go ~ ;7 Notfcntsort Qpticcrns Track & Confirm by email Get current event information or updates for your item sent to you or others by email ?~ !io> Return Receipt (Electronic) Verify who signed for your item by email. Fio> ~ Site. Map Customer Service Forms Gov t,S..e..rvices Careers Privacy Policy Terms of Use Business Customer Gateway CopyrightC~ 201o USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml. smi.usps.com/I'TSInternetWeb/InterLabelInquiry. do?strOrigTrackN... 5/12/2010 Ronny ~ Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~L~ttt4~ of L~~it~tafir~~~r~i~ _' ,f%•( kl` '' ,.~ ! ~9 7 r~~~C_i~~tiiz6J ~l~ ~~ } 1 ', YYI ^YY, ~/ 1t 'y~/( M1A yCti BAC Home Loans Servicing, LP vs. Michael Nicky Case Number 2009-7466 SHERfFF'S RETURN OF SERVICE 04/05/2010 07:25 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1925 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 Michael Nicky, located at 898 Grahams Wood Road a/k/a 898 Grahams Woods Road, Cumberland County, Pennsylvania according to law. 04/05/2010 07:33 PM -Shaw Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1925 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael Nickey, by making known unto, Monique Pabone, adult in charge, at 898 Grahams Wood Road, a/k/a/ 898 Grahams Woods Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 05/24/2010 Property sale postponed to 8/4/2010. 08/02/2010 Property sale postponed to 10/6/2010. 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 10/5/10 SHERIFF COST: $752.72 October 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a-~4 ,~. Coo. ~ ~ 7~s~` >~ a ~s~~~ ~H~R1FF'S OFFICE OF CUMBERLAND COUNTY !cj Coun'ySuite Shenff, Tzleosofk. l~;;:. BAC ~O1VIE LOANS SEr~VICING, L.P. FKA COITNTRYWIDE HOME LOANS SERVICING LP 'Plaintiff v. MICHAEL NICKY A/K/A MICHAEL HICKEY Defendant(s) COURT OF COMMON PLEAS . CIVIL DIVISION N0.09-7466 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP , Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWYII,LE, PA 17241-9726. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL NICKY A/K/A MICHAEL HICKEY 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7.Name and addre~ s of eve'Yy other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: ~ Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 34, 2009 ay: Attor~e~ for Plaintiff Phe1 Hallinan &Schmieg, LP ^ Lawrence T. Phelan, Esq. d. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ti BAC IEIOME LOANS SERVICING, L.P. FKA COUNTRYWIDE COURT OF COMMON PLEAS HOME LOANS SERVICING LP CIVIL DIVISION Plaintiff N0.09-7466 CIVIL TERM vs. NIICHAEL NICKY A/K/A NIICHAEL 1vICKEY CUMBERLAND COUNTY Defendant(s) , NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NIICHAEL NICKY A/K/A NIICHAEL NICKEY 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT; BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD,. NEWVII,LE, PA 17241-9726 is scheduled to be sold at the Sheriffs Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $163,419.56 obtained by BAC HOME LOANS SERVICING, L.P. FI{A COUNTRYWIDE HOME LOANS SERVICING LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of 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 cal1215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a shaze of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepazed by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-7466 CIVIL TERM BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP vs. MICHAEL NICKY A/K/A MICHAEL NICKEY owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being (Municipality) 898 GRAHAMS WOOD ROAD A/K/A 898 GPtAHAMS WOODS ROAD, NEWVILLE. PA 17241-9726 Parcel No. 43-04-0385-021 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,419.56 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION BEING all that certain lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Navtech, Inc., PLS. dated September 25, 2006 and recorded. in the Office of the Recorder of Deeds for Cumberland County in Plan Book 94, Page 31, as follows: PARCEL 1 BEGINNING at a point in the southern right of way line of Church of God Road SR 4023 at western edge of intersection of Grahams Woods Road, T-448; thence along Grahams Woods Road, T-448 by a curve to the left having a radius of 472.04 feet, an azc distance of 94.48 feet on a chord bearing of South 43 degrees 06 minutes 44 seconds East; thence still along the western right of way line of Grahams Woods Road, T-448 South 49 degrees 23 minutes 26 seconds East 54.55 feet to a point; thence still along the same by a curve to the right having a radius of 448.04 feet, an arc distance of 103.06 feet on a chord bearing of South 41 degrees 03 minutes 42 seconds East to an iron pin; thence along Lot No, 1 South 47 degrees 16 minutes 31 seconds West 214.52 feet to an iron pin set; thence still along Lot No. 1 North 46 degrees 37 minutes 11 seconds West 247.82 feet to a concrete monument; thence along right of way line of Church of God Road, SR 4023 North 45 degrees 09 minutes 47 seconds East 145.03 feet to a point; thence still along same North 48 degrees 10 minutes 55 seconds East 82.45 feet to a point, the place of BEGINNING. PARCEL 2 BEGINNING at a point in southern right of way line of Church of God Road, SR 4023 at eastern edge of Grahams Woods Road, T-448; thence along Church of God Road, SR 4023 North 48 degrees 10 minutes 55 seconds East 19.31 feet to a point; thence still along same by a curve to the left having a radius of 1083.47 feet, with an arc distance of 79.74 feet on a chord bearing of North 42 degrees 53 minutes 58 seconds East; thence along lands now or formerly of Michael E. Sheaffer and Randall A. Wert South 17 degrees 43 minutes 50 seconds East 213.81 feet to a point; thence along the eastern edge of Grahams Woods Road by a curve to the left having a radius of 498.04 feet, an arc distance of 45.42 feet on a chord bearing of North 45 degrees 07 minutes 41 seconds West to a point; thence continuing along the eastern edge of Grahams Woods Road, T-448 North 49 degrees 23 minutes 26 seconds West 55.05 feet to a point; thence still along same by a curve to the right having a radius of 422.04 feet, an azc distance of 88.13 feet on a chord bearing of North 42 degrees 49 minutes 59 seconds West to a point the place of BEGINNING. Combined parcels contain 1.50 acres as set forth as Lot No. 2. and being known as 898 Grahams Woods Road on Plan for Bryant and Donna Minnich. Said Tract is separated by Grahams Woods Road, T448 and is described separately. FOR INFORMATIONAL PURPOSES ONLY The improvements thereon being commonly known as 898 Grahams Woods Road, (a/k/a 898 Grahams Wood Road) Newville, Pennsylvania 17241 MASTER TAX ID# 43-04-0385-021 (CONTAINS 23 ACRES) TITLE TO SAID PREMISES IS VESTED IN Michael Nickey, by Deed from Bryant G. Minnich and Donna K. Minnick, his wife, dated 04/18!2007, recorded 04130/2007 in Book 279, Page 3878. PREMISES BEING: 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVII.LE, PA 17241-9726 PARCEL N0.43-04-0385-021 WRIT OF EXECUTION and/or ATTACHMENT ~ S COMMONWEALTH OF PENNSYLVANIA) NO 09-7466 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/Wa COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff (s) From MICHAEL NICKY a/Wa MICHAEL NICKEY (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 $163,419.56 L.L. $.50 Interest from 12/5/09 to Date of Sale ($26.86 per diem) -- $4,834.80 Atty's Comm % Due Prothy $2.00 Atty Paid $157.80 Other Costs Plaintiff Paid Date: 1/20/10 r David D. Buell, rothonotary (Seai) By: Deputy REQUESTING PARTY: Name: JF.NINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, Known and numbered as, 898 Grahams Wood Road, a/k/a 898 Grahms Woods Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator Z~h :~ d ZZ Ntlf OIOl ~, ~ ;; Vd `~._ ai~..J _ The Patriot-News Co. 2020 Technology Pkwy Suite 30U Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c~he patriot 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: 04/16/10 04/23/10 ~~~ . , 04/30/10 . ~~~~ . Sworn to and :scribed before met s'18 ay i7f May, 2010 A.D. ~ / , ~,~ ~`~, :, ~s,. _ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shert'ie L. Klsner, Notary PubNc Lower PaMOn Twp., Dauphin County My Commisslon 0cplres Nov. 26, 2011 Member, Pennsylvania Assoctatlon of Notaries Writ No. 2009-7466 Civii Term EAC Home Loans Servicing, LP F/"(/A Countrywide Home Loans Servicing, LP Vs. Michael Nicky a/Ic/a Michael Nickey Atty: Daniel Schmieg By virtue of a Writ of Execution N0.04-7466 CP/IL TERM BAC HOME LOANS SERVICING, L.P.. FKA COUNTRYWIDE HOME LOANS S1~tVICING LP vs. MICHAEL NICKY A/K(A MICHAEL NICKEY Owner(s) of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being (Municipality) 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWVIl,LE, PA ]7241-9726 Pazcel No. 43-04-0385-021 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,419.56 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 Cazlisle 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 regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication aze true. wit No, zoo9-~~ cin BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP va. Michael Nicky a/k/a Michael Nickey Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-7466 CIVIL, BAC HOME LOANS SERVICING, L.P. FKA COUN- TRYWIDEHOME LOANS SERVICING LP vs. MICHAEL NICKY A/K/A MI- CHAEL NICKEY, owner of property situate in the TOWNSHIP OF UPPER FRANKFORD, Cumberland County, Pennsylvania, being 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726. Parcel No. 43-04-0385-021. Irnpmvementa thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $163,419- .56. Lisa Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this 30 da oY f April, 2010 ~ J - Notary NOTARIAL SEAL DEBORAH A COILINS Notary Pubiic CARLISLE BOROUGH, CUMBERLAND COUNTY My Cortuniasion Expina Apr 28, 2014 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, Court of Common Pleas L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP Civil Division Plaintiff s CUMBERLAND County U')7 vs No. 09-7466 CIVIL TERM MICHAEL NICKY A/K/A MICHAEL NICKEY Y h1 Defendant 4 r ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP. Date: By: PHS# 217114 PH & SCHMIEG, LLP llison F. Wells, Esq.,1 . No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant : I Court of Common Pleas Civil Division CUMBERLAND County v7!" No. 09-7466 CIVIL TER M' ca I PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P. 2352 TO THE PROTHONOTARY: Kindly substitute Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP as successor Plaintiff for the originally named Plaintiff The material facts on which the right of succession and substitution are based are as follows: Plaintiff BAC Home Loans Servicing, LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP in and to every type of property (real, personal, and mixed) and choses in action are transferred to and vested in Bank of America, N.A., without any deed or other transfer. Accordingly, the name of the plaintiff has changed to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP. BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. was successor to Countrywide Home Loans Servicing, L.P. by virtue of the corporate name change whereby Countrywide Home Loans Servicing, L.P. became known as BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. Kindly amend the information on the docket accordingly. Date: B: PHELAN, AL N & SCHMIEG, LLP i Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 368912 PHS# 217114 Attorneys for Plaintiff c: utin uj& ?I i$aS? vs.-# aU-7 5 '/1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, Court of Common Pleas L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP Civil Division Plaintiff CUMBERLAND County vs No. 09-7466 CIVIL TERM MICHAEL NICKY . A/K/A MICHAEL NICKEY Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, located 7105 Corporate Drive, Plano, TX 75024. Date: hel N, HALLINAN & SCHMIEG, LLP !/Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 217114 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff v. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-7466 CIVIL TERM MICHAEL NICKY A/K/A MICHAEL NICKEY CUMBERLAND COUNTY Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: MICHAEL NICKY A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 Date: [ PHS# 217114 r. Wells, Esq.,'Id. o. 309519 William E. Mi er, sq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7466 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From MICHAEL NICKY A/K/A MICHAEL HICKEY (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: $163,419.56 L.L.: Interest FROM 12/05/2009 TO DATE OF SALE ($26.86 PER DIEM) - $22,132.64 Atty's Comm: % Atty Paid: $953.52 Plaintiff Paid: Date: DECEMBER 1, 2011 (Seal) Due Prothy: $2.00 Other Costs: D id D. Buell, Prot onotary By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 09-7466 CIVIL TERM V. CUMBERLAND COUNTY MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant(s) To the Prothonotary: r Issue writ of execution in the above matter: '- i Amount Due $163,419.56 p = s - ," Interest from 12/05/2009 to Date of Sale $22,132.64 ($26.86 per diem) TOTAL 185 5 chmieg, LL Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS # 217114 GD G,U..k tkay.CO cfkk a . 3e.$o -Coe a. << 76-7. 7A - It 9?2 • oo _ lk .oU - a rr ? Y • G?.? - a ,r ?.CSU - ?? r q 4..ob 126. 0)(0970 d W a d d 0 H a Q ? ?O O'er U"? w Q Q W? 000 v0 00 'z d v ?o N -? Q cG ? d Q tN-- N a a ? w V Y 4 a+ ?" ? O on ? w 0-4 a" ?Q i Uy ?v W PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 E„ .. 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESS " bv'-. it TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 09-7466 CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/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: ( ) the mortgage is an FHA Mortgage ( } the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to authorities. to Phelan iii S`chieg, LLP [son Wells, Esq., Id. No.309519 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP `- Plaintiff v. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-7466 CIVIL TERM CUMBERLAI OUNTX: PHS # 217114_.>o AFFIDAVIT PURSUANT TO RULE 3129.1 Y BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL NICKY A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be ' reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: I L PO It r Phelan Hal ' e&hmi-e- , Allison F. Id. No.3 Attorney for Plaintiff 19 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BxAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 09-7466 CIVIL TERM VS. MICHAEL NICKY A/K/A MICHAEL NICKEY CUMBERLAND CQU.N,TY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY = .-. TO: MICHAEL NICKY < A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $163,419.56 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price.bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-7466 CIVIL TERM BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP vs. MICHAEL NICKY A/K/A MICHAEL NICKEY owner(s) of property situate in the UPPER FRANKFORD TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726 Parcel No. 43-04-0385-021 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,419.56 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION BEING all that certain lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Navtech, Inc., PLS dated September 25, 2006 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 94, Page 31, as follows: PARCEL I BEGINNING at a point in the southern right of way line of Church of God Road SR 4023 at western edge of intersection of Grahams Woods Road, T-448; thence along Grahams Woods Road, T-448 by a curve to the left having a radius of 472.04 feet, an arc distance of 94.48 feet on a chord bearing of South 43 degrees 06 minutes 44 seconds East; thence still along the western right of way line of Grahams Woods Road, T-448 South 49 degrees 23 minutes 26 seconds East 54.55 feet to a point; thence still along the same by a curve to the right having a radius of 448.04 feet, an arc distance of 103.06 feet on a chord bearing of South 41 degrees 03 minutes 42 seconds East to an iron pin; thence along Lot No. I South 47 degrees 16 minutes 31 seconds West 214.52 feet to an iron pin set; thence still along Lot No. 1 North 46 degrees 37 minutes 11 seconds West 247.82 feet to a concrete monument; thence along right of way line of Church of God Road, SR 4023 North 45 degrees 09 minutes 47 seconds East 145.03 feet to a point; thence still along same North 48 degrees 10 minutes 55 seconds East 82.45 feet to a point, the place of BEGINNING. PARCEL 2 BEGINNING at a point in southern right of way line of Church of God Road, SR 4023 at eastern edge of Grahams Woods Road, T-448; thence along Church of God Road, SR 4023 North 48 degrees 10 minutes 55 seconds East 19.31 feet to a point; thence still along same by a curve to the left having a radius of 1083.47 feet, with an arc distance of 79.74 feet on a chord bearing of North 42 degrees 53 minutes 58 seconds East; thence along lands now or formerly of Michael E. Sheaffer and Randall A. Wert South 17 degrees 43 minutes 50 seconds East 213.81 feet to a point; thence along the eastern edge of Grahams Woods Road by a curve to the left having a radius of 498.04 feet, an arc distance of 45.42 feet on a chord bearing of North 45 degrees 07 minutes 41 seconds West to a point; thence continuing along the eastern edge of Grahams Woods Road, T- 448 North 49 degrees 23 minutes 26 seconds West 55.05 feet to a point; thence still along same by a curve to the right having a radius of 422.04 feet, an arc distance of 88.13 feet on a chord bearing of North 42 degrees 49 minutes 59 seconds West to a point the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Michael Nickey, by Deed from Bryant G. Minnich and Donna K. Minnich, his wife, dated 04/18/2007, recorded 04/30/2007 in Book 279, Page 3878. Parcel No.: 43-04-0385-021 Property Address: 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9276 p?? h ` -Cti'F 1' A - r;fr D l H0N0TA Rtl CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg. LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING. LP F/K/A COUNTRYWIDE HOME LOANS SERVICING. LP Plaintiff V. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 09-7466 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on October 29, 2009. 2. Judgment was entered on December 8, 2009 in the amount of $163,419.56. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1). a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 217114 which can be calculated from the complaint. i.e. bringing the interest Current. However. new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2012. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $154.541.85 Interest Through March 7, 2012 $19,695.70 Per Diem $20.11 Late Charges $181.50 Legal fees $1,325.00 Cost of Suit and Title $1.409.07 Sheriff s Sale Costs $752.72 Property Inspections $550.00 Mortgage Insurance Premium/ Private Mortgage $1,848.75 Insurance Suspense/Misc. Credits ($711.91) Escrow Deficit $5,726.33 TOTAL $185,319.01 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability. as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy ofits proposed Motion to Reassess Damages and Order to the Defendant on December 19. 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 217114 10. No judge has previously entered a ruling in this case. WHEREFORE, Plai; tiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 41$ Phelan Hallinan & Schmieg, LLP By:? - Robe . Cusick, Esquire ATTORNEY FOR PLAINTIFF 217114 Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard. Suite s 400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA. N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING.. LP Plaintiff V MICHAEL KICKY A/K/A MICHAEL NICKEY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-7466 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES ?. BACKGROUND OF CASE MICHAEL NICKY A/K/A MICHAEL NICKEY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes. hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 898 GRAHAMS WOOD ROAD. A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726. The Mortgage indicates that in the event of a detault in the mortgage. Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 217114 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous. promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sate. Because of the excessive period of time between the initiation of the mortgage foreclosure action. the entrv of judgment and the Sheriffs Sale date. damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums. costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbane Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171. 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and. in fact, can be expected to change from day to day because the bank must advance sums in order to protect 217114 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 0 939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Mcco Reality Company y. Burns. 414 Pa. 4.95, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A. 2d 276 (1978). In the within case, the amount of the original judgment. does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 217114 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability, Newtown Village Partnership Kimmel. 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuseio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141'(a). However. Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser. Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically.. interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding. Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale. Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 217114 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and )Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751.755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A2d 344 ("Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Reap, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms ofthe mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 217114 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1 144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property. whether the Defendants are divorced (which could affect service of the complaint). and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 tc notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. 'The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIlI. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 217114 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do. or pay for, whatever is reasonable to protect its interest in the collateral.. including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default. for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default. the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up. if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks. which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. 217114 IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan man & -hmieg, LLP By: Ro ert W. Cusick. Esquire Attorney for Plaintiff 217114 Pholan 11allimn & SeWicg,1,LP By: I.awrenae T. Pholan, Esq,, Id. No. 32227 Francis S, Hafthwa, &q., Id, No, 620115 Daniel (}. ScInWq, FAq., K No. 62205 Michele K Sratltnrd, Esq., 1d, No, 69849 Judith T. Romano, Esq.. Id, No. 38745 SbeoW R, Sha -lanj, Esq., Id, No. $1760 .1 nine 12. Davey, Fmj, Id. No. 87077 Law-cn R. Tabas, E&l,14,'No. 93337 Vivck Srivamavn, Esq,, Id. No, 202331 Say B. 7oima, RN, Id, No. 86657 Pote,. d, Mulvft 1*j, Id. No. 61731 Andrew I • Splyack, Esq„ Id. No. 84439 daiine McGuisntss, Esq., Id? No. 90134 Chris vafantc P. fI1•,4;us, Esq., Id. No. 946120 JoAns 1. 0oldniav, Id-No. 205047 courtetwy R. Dwm, E>q., Id, No. 206771 .Androw C. Iirarnblett, Esq., ld. No. 208375 1617 VK Boulevard, Smite 1400 One Ponn Center Plaza. Pldladelphia, PA 19103 2 i5w5?-701}{1 RAC IIOMX LOANS SERVICING, L.P. FKA COUNTRYWIDE ROME LOANS SERVICING LP Ys. P?11CHAEL NICKY Attorney for Plaintiff' ?r J{ ? rriC CUMBERLAND COUN'T'Y COURT OF COMMON PLEAS CIVIL DIVISION No. 09-7466 CI V3L TERM PRAECIPE FOR IN REM JUDGMENT FOR. (FAILURE TO AN.53nR AND ASSFqSMZNF OF DAM ACES TO THE PROTHONOTARY: KiTidiventcrjadl;tu ,ttinfavorof Th 1+1111fiff "Ind Defendwit(4) fO fittiliir(; to 'ilc, an Answer to 111.iinliff's Cotni>1 inl «}ifhill to d uy:; ?il?)Il setvtoe thereof mid for foreclosure and sale of the t1?e?rt?al; 1 prert?i?i ,, anci assess Plaintiffs damages as follows: A;3 "'ct 1«,th i« complaint $162,642,84 si+ca=:st - 10128/2009 to 12104/2009 5.72 '1`1.1'm., $163,429,56 I hereby rerk y tlxat (t) the Dcfendanfs last known address is 898 GRATri JAMS WOOD 1' ) ?l -I fFWN,(YT LVV, P 17241 ; 97?t? and (2) that notice has been given in accordance with kulu 237. 1, copy attached. }fir ? Jj/Jj} 1 wcem't'l'. 1'l)ol;rri, Esquire T'xancis S. flrillinura, llsquizv 1; aniel C`s, >clunieg, D-;quire MiQhele M. Bradford, Esquire :Judifli T. Romano, Esquir t Sheotal R. Shah-3ani, Esquire: Jenine, R. Davey, tquirer L zuron R. Tabas, Esquire Viv k Srivastava, Esquire ,r} 33. trrrtos, fisquiru t'eacs J. Muleaby, F'sclrrirc! mirow L. Spivack, I%quiru Jaime mot irrimloss, l sctuir s C"hriscrv8111110 VFliltW$, ORIUkC Joslma 1, t, A(I'Inar;, Esquire C ouricimy lt. Mum, Esquire Andrew C. Bramble tt, Esquiree. Attorney for Mint ff" DAMAGES ARE HMBY ASSESSED AS INDICATED, DA'I'S: PHS # 217114 PROTHONOTARY f, 4qjf? i'Xiiibit , PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PAX#: (215) 563-3459 Phelan Hallinan & Schrnieg, LLP Representing Lenders in Pennsylvania and New Jersey December 19, 2011 MICHAEL, NICKY A/K/A :MICHAEL NICKEY 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 MICHAEL NICKY A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD RD NEWVILLE, PA 17241-9726 RE: BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FWA COUNTRYWIDE HOME LOANS SERVICING, LP v. MICHAEL NICKY Premises Address: 898 GRAHAMS WOOD ROADA/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 09-7466 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 24, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V f'y trU Y you?-s, cbe? " Esquire Aim fo]• Plaintiff l;nclosure Phelan Hallinan & Schmieg, LLP 217114 N u 0. .-7 C7 U z z zx d a G O ?p ni ,O U a a c? as z? Phelan Hallman & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA. N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING. LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. MICHAEL, NICKY A/K/A MICHAEL NICKEY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-7466 CIVIL, TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. MICHAEL NICKY A/KlA MICHAEL, NICKEY 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEw'VILI.E. PA 17241-9726 DATE: y2 4 MICHAEL NICKY A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD RD NEWVILLE, PA 17241-9726 Phel a ' n & Schmieg, LLP By: ---- Cusick, Esquire Robert ATTORNEY FOR PLAINTIFF 217114 y r L I d. JA -5 Pik CUMBERLAND Col p, ?Y PEIMNs Y .Vi?;N,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK Ol? AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant No.: 09-7466 CIVIL TERM RULE AND NOW, this day ofkfo(?t o 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY E COURT J. 217114 Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? MICHAEL NICKY A/K/A MICHAEL NICKEY 898 GRAI4AMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 &Pi f? kKa ; l"d )e4v? ? MICHAEL NICKY A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD RD NEWVILLE, PA 17241-9726 217114 217114 jjt: A? 20l2,?? ? ? ?pUN?? Phelan Hallinan & Schmie llt?lg NSY yP??t1A g, Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-7466 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 5, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. MICHAEL NICKY MICHAEL NICKY A/K/A MICHAEL NICKEY A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD ROAD 898 GRAHAMS WOOD RD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 NEWVILLE, PA 1 724 1-9726 Phelan Hallinan & Sc i g, LLP DATE: I Z By: Sheetal R. Shah-Ja ' Esquir Attorney for Plainti 217114 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Z. wt ! r t- n r- ti `d. r ICc sl'?' OROTHONOTA `,l Attorney for Plaintiff ?v12 FED 15 AM 10: 14 'J 1.?IBERLAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING, LP Plaintiff, CIVIL DIVISION V. No.: 09-7466 CIVIL TERM MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h reto Exhibit "A" e issa J. Cantwell, Esquire - Attorney for Plaintiff Date: IMPORT T NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 2171 14 E ?gIT 44 x 7 a 0 v x ? U ? s ? y L A M z o?.. G d' y x U z[a aa? wZ.4 o?,Ca G h v :C h 'C7 4! y, ? zQ? a 1.Q U N C G N C ao .d °l ? r G VJ 'fl .? R, n. ?O O c r b d h b y C N 45 CJ. ." N M '4' ? F a z¢o x ?3 ,} h? E Ugg E U E ??p Q$ fu ~ U a C ? 5 w E ? ? a E y b d ?? c e e v 6 u o ? H D en np $ ^u, ?_ t IG y L O N ,?aa W ?W O?'O ? C 3 ? N I Q 'a U V 5 N I ? ? ? ? C N I ? ? ,Gc ?Gca F wA F+C: a W) w Lra ?. • b ra b ° z O Q C ? ? o ?. O// T y Itt.WU44.1I a W ti d Aq eo co Q Mo r tn Orr d WWtl $ n, cv ?^ + P.a ? ?,a ? ? o ? >a y? pppp 1-4 C U Q+ U dm .?«. in 1:6q aCi d e °i a,v rig a w v {?? d d 04 o ? ? cd ?3 q z? W ced ? > W W . 0 7 Z A O y? +?+ O L (/S C/J '? N W W a :z H?z AU?U U x i S PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r-1LFC-CI FIX Tip P}?OTHONOTAi?'' 0-1? FE3 22 A 10: 06 CUMBERLAND COUNTY PCNINSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS CUMBERLAND COUNTY SERVICING, LP F/K/A COUNTRYWIDE HOME COURT OF COMMON PLEAS LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO. 09-7466 CIVIL TERM vs. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to MICHAEL NICKY A/K/A MICHAEL NICKEY on 1/10/2012 at 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726 in accordance with the Order of Court dated4/13/2010. The property was posted on 1/13/2012. Publication was advertised in THE SENTINEL onl/11/2012 & in the Cumberland Law Journal on 1/13/2012. APR 2 20f 0 ,?T THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING LP vs. MICHAEL NICKY A/K/A MICHAEL NICKEY Civil Division No. 09-7466 CIVIL TERM ORDER AND NOW, this !3 "? day of , 2010, upon consideration of plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, MICHAEL NICKY A/K/A MICHAEL NICKEY, by: 1. Posting of the premises: 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241. 2. First class mail to MICHAEL NICKY A/K/A MICHAEL NICKEY at the mortgaged premises located at 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241; and 3. Certified mail to MICHAEL NICKY A/K/A MICHAEL NICKEY at the mortgaged premises located at 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241; and 4. Publication in accordance with PA. R.C.P. 430. 217 114 BY THE COURT: ZaI7 fJo? Ll ?V' ? ?4 J. 2 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): January 11, 2012 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are e. Sworn I0? My commission expires: before me this NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 Notary Public PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz January 13, 2012 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. 21TO a Marie Coyne, Editor S AND SUBSCRIBED before me this 13 day of January, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My CommisaW Expires Apr 28, 201 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PHS # 217114 HOME LOANS SERVICING, LP DEFENDANT MICHAEL NICKY A/K/A MICHAEL NICKEY SERVICE TEAM/ lxh COURT NO.: 09-7466 CIVIL TERM SERVE MICHAEL NICKY A/K/A MICHAEL NICKEY AT: TYPE OF ACTION 898 GRAHAMS WOOD ROAD XX Notice of Sheriffs Sale A/K/A 898 GRAHAMS WOODS ROAD SALE DATE: March 7, 2012 NEWVILLE, PA 17241-9726 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served and made known to MICHAEL NICKY A/K/A MICHAEL HICKEY, Defendant on the 134" day off4Nu,A-Ry ,20(a,at q• o e, o'clock A. M., at 8q $ GA( Nh eis ADS 1204D , in the manner described below: - Defendant personally served. NEW Vtu_E, P4 I - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: 6S57?b PQn PFg-r?/ . Descri n: Age Height Weight Race Sex Other _ POSED I, _ l.L, a competent adult, hereby verify that I personally n a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: I < <a NAME: ?a"PRINTED NAME: K61,14t b J z L.C.. TITLE: 'PP_eCFS3S 51,ozt/Fg NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? z th AI wl NI „_.I p? `?l ool -ill Oil ?I ?I wl N N? a? a b o b. ? ? y cs i * * * * * l *I «I o a ?'a3 5 O. y ? .Z fl. b °x ?anax a ? 0?? y n r 6 m f9 J air c? z c" r) ? o a 0 ? v d t? ° ? e ?' M Cs7 ? a A v C Q W e?P??s PgsTq ? PITWEY 60YV[5 02 1M $ 01.260 0004277256 JAN 10 2012 MAILED FROM ZIP CODE 19 1 ,D 3 7178 2417 6099 0090 8561 LXH / 217114 RESTRICTED DELIVERY MICHAEL NICKY A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Page 1 of 1 UNITEDSTATES ALSERWEv Home I Help I Sign_in Track & Confirm _F_Ags Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0090 8561 Expected Delivery Date: January 12, 2012 Track& Confirm Class: First-Class Maile Enter Label/Receipt Number Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 12:05 pm on February 03, 2012 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, February 03, 2012,12:05 pm, PHILADELPHIA, PA 19103 Notice Left (No Authorized Recipient Available), February 02, 2012, 3:51 pm, PHILADELPHIA, PA 19103 * Unclaimed, January 28,20112,11:49 pm, NEWVILLE, PA Notice Left, January 12, 2012,10:29 am, NEWVILLE, PA 17241 • Arrival at Unit, January 12, 2012, 8:29 am, NEWVILLE, PA 17241 Dispatched to Sort Facility, January 10, 2012, 5:51 pm, PHILADELPHIA, PA 19104 • Acceptance, January 10, 2012,4:57 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, January 10, 2012 Notdicat'ion Options Return Receipt (Electronic) Verify who signed for your item by email. do> Site Map cust, er Service Forms Govt. Services Careers Gopyrightc> 2090 LISPS. All Rights Reserved, No FEAR Art EEC} Data F01 Gar >' Pmacy_Polic:y Terms of Use Business Custumei Gateway A 411 http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=7... 2/15/2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson T=F:=`;: f Sheriff r?_ r(?Ti-f(;« qtr of ??rtu6?p?? S; Jody S Smith Chief Deputy °..? Richard W Stewart CUMBERLAND PEWiS YL VAN I A4?' C 3' Solicitor Bank of America, NA Case Number vs. 2009-7466 Michael Nicky SHERIFF'S RETURN OF SERVICE 01/03/2012 05:31 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 898 Grahams Wood Road, Tract 1, Newville, PA 17241, A/K/A 898 Grahams Woods Road, Newville, Cumberland County, PA 17241. 01/03/2012 05:31 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 898 Grahams Wood Road, Tract 2, Newville, PA 17241, A/K/A 898 Grahams Woods Road, Newville, Cumberland County, PA 17241. 01/03/2012 05:31 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Michael Nicky at 898 Grahams Wood Road, a/k/a 898 Grahams Woods Rd, Upper Frankford Township, Newville, Cumberland County, PA 17241. 02/21/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/21/2012 Ronny R Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Schmieg, on behalf of the Bank of America, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans. The Sheriffs Bid was assigned to Federal Home Loan Mortgage Corporation at 8200 Jones Branch Drive, Mailstop 202, McLean, Virginia. Bank of America, N.A. as successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans, being the buyer in this execution, paid to the Sheriff the sum of $844.24. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $844.24 SO ANSWERS, March 21, 2012 RON R ANDERSON, SHERIFF -Oofd, Co - ;ci ;;:,uriySiae Shrtsritt. T?:Ic:?c,efl i. ,.. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-7466 CIVIL TERM CUMBERLAND COUNTY PHS # 217114 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FIK/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL NICKY A/K/A MICHAEL NICKEY 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. ?r 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 (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: f l I,% It r Phelan Hal . n & hmieP Allison F. sq., Id. No.309 19 Attorney for Plaintiff ies BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP F/K/A . COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 09-7466 CIVIL TERM VS. : CUMBERLAND COUNTY MICHAEL NICKY A/K/A MICHAEL NICKEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL NICKY A/K/A MICHAEL HICKEY 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD NEWVILLE, PA 17241-9726 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY." Your house (real estate) at 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $163,419.56 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-7466 CIVIL TERM BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP VS. MICHAEL NICKY A/K/A MICHAEL NICKEY owner(s) of property situate in the UPPER FRANKFORD TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726 Parcel No. 43-04-0385-021 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,419.56 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION BEING all that certain lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Navtech, Inc., PLS dated September 25, 2006 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 94, Page 31, as follows: PARCEL I BEGINNING at a point in the southern right of way line of Church of God Road SR 4023 at western edge of intersection of Grahams Woods Road, T448; thence along Grahams Woods Road, T-448 by a curve to the left having a radius of 472.04 feet, an arc distance of 94.48 feet on a chord bearing of South 43 degrees 06 minutes 44 seconds East; thence still along the western right of way line of Grahams Woods Road, T-448 South 49 degrees 23 minutes 26 seconds East 54.55 feet to a point; thence still along the same by a curve to the right having a radius of 448.04 feet, an arc distance of 103.06 feet on a chord bearing of South 41 degrees 03 minutes 42 seconds East to an iron pin; thence along Lot No. 1 South 47 degrees 16 minutes 31 seconds West 214.52 feet to an iron pin set; thence still along Lot No. 1 North 46 degrees 37 minutes 11 seconds West 247.82 feet to a concrete monument; thence along right of way line of Church of God Road, SR 4023 North 45 degrees 09 minutes 47 seconds East 145.03 feet to a point; thence still along same North 48 degrees 10 minutes 55 seconds East 82.45 feet to a point, the place of BEGINNING. PARCEL 2 BEGINNING at a point in southern right of way line of Church of God Road, SR 4023 at eastern edge of Grahams Woods Road, T-448; thence along Church of God Road, SR 4023 North 48 degrees 10 minutes 55 seconds East 19.31 feet to a point; thence still along same by a curve to the left having a radius of 1083.47 feet, with an arc distance of 79.74 feet on a chord bearing of North 42 degrees 53 minutes 58 seconds East; thence along lands now or formerly of Michael E. Sheaffer and Randall A. Wert South 17 degrees 43 minutes 50 seconds East 213.81 feet to a point; thence along the eastern edge of Grahams Woods Road by a curve to the left having a radius of 498.04 feet, an arc distance of 45.42 feet on a chord bearing of North 45 degrees 07 minutes 41 seconds West to a point; thence continuing along the eastern edge of Grahams Woods Road, T- 448 North 49 degrees 23 minutes 26 seconds West 55.05 feet to a point; thence still along same by a curve to the right having a radius of 422.04 feet, an arc distance of 88.13 feet on a chord bearing of North 42 degrees 49 minutes 59 seconds West to a point the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Michael Nickey, by Deed from Bryant G. Minnich and Donna K. Minnich, his wife, dated 04/18/2007, recorded 04/30/2007 in Book 279, Page 3878. Parcel No.: 43-04-0385-021 Property Address: 898 GRAHAMS WOOD ROAD A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9276 WRIT OF EXECUTION and/or ATTACHMENT COMMON'WEALtH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7466 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From MICHAEL NICKY A/K/A MICHAEL NICKEY (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: $163,419.56 L. L.: Interest FROM 12/05/2009 TO DATE OF SALE ($26.86 PER DIEM) - $22,132.64 Atty's Comm: % Atty Paid: $953.52 Plaintiff Paid: Date: DECEMBER 1, 2011 (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 Due Prothy: $2.00 Other Costs: David D. Bu Ill, Prothonotary TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se ! of sai urt at Carlisle, Pa: This day 0i 2n ` 1- Prott,onota On December 15, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, Known and numbered as, 898 Grahams Wood Road, A/K/A 898 Grahams Woods Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 15, 2011 By: U. Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2009-7466 Civil Term Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP VS. Michael Nicky a/k/a Michael Nickey Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-7466 CIVIL TERM, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP f/k/a COUNTRY- WIDE HOME LOANS SERVICING, LP vs. MICHAEL NICKY a/k/a MI- CHAEL NICKEY owner(s) of property situate in the UPPER FRANKFORD TOWNSHIP, Cumberland County, Pennsylvania, being 898 GRAHAMS WOOD ROAD, a/k/a 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726. Parcel No. 43-04-0385-021. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $163,- 419.56. 61 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 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-- .l L.'Aisa Marie Coyne, Yditor SWORN TO AND SUBSCRIBED before me this da of Februar 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public [CCARR:LL11:SSLLEE OROUGH, CUMBERLAND COUNTY mission Ex pires Apr 2B, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE J4( PNow 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 behalt of'7 he Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 02/03/12 02/10/12 Sworn to and .$05? cribed befor me t s 24 of February, 2012 A. D. L° Notary PutSlic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Owens, Notary Publk Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2009-7466 Bank of America, NA., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP vs Michael Nlcky a/k/a Michael Nickey. Atty. Daniel Schmleg I3y virtue of a Writ of Execution NO. 09- 7466 CIVIL TERM BAi JK OF AMERICA, N.A., AS Sr !:;LESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/S/A COUNTRYWIDE HOME LOANS SERVICING, LP VS. MICHAEL NICKY A/K/A MICHAEL NICKEY owner(s) of property situate in the UPPER FRANKFORD TOWNSHIP, Cumberland County, Pennsylvania, being Municipality) 898 GRAHAMS WOOD ROAD, A/K/A 898 GRAHAMS WOODS ROAD, NEWVILLE, PA 17241-9726 Parcel No. 43-04-0385-021 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,419.56 e11e patrioMews Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 01/27/12 Sheriff Sale 7466 5.34 $12.00 $ 64.08 02/03/12 Sheriff Sale 7466 5.34 $12.00 $ 64.08 02/10/12 Sheriff Sale 7466 5.34 $12.00 $ 64.08 Notary Fee .1 1 1 1 I $5.00 do TOTAL DUE FOR THIS SALE: $ 197.24 JLC BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff Vs. MICHAEL NICKY A/K/A MICHAEL NICKEY Defendants 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL ACTION AT LAW No. 09-7466 CIVIL TERM ASSIGNMENT OF SHERIFF'S SALE BID The Law Firm of Phelan Hallinan & Schmieg, LLP, Attorney of record for BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff/Bank, on the Writ of Execution, in connection with a Mortgage Foreclosure action as captioned above. At the Sheriff's Execution sale, Phelan Hallinan & Schmieg, LLP was the successful bidder on behalf of BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff/Bank. Phelan Hallinan & Schmieg, LLP, being authorized to do so, hereby assigns the bid to FEDERAL HOME LOAN MORTGAGE CORPORATION, Assignee, whose address is 8200 Jones Branch Drive, Mailstop 202, McLean, VA 22102 and instructs the Sheriff, upon payment of the costs of settlement, to record said Assignee. Dated: March 12, 2012 Attorney for f?affitiff Phe & Schmieg, LLP ? Lawrenc . Ph sq., Id. No. 3 ? Francis S. Hallinan, q., Id. N . 695 ? Daniel G. Schmieg, Esq., . o. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? C . Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 ? John M. Kolesnik, Esq., Id. No. 308877 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 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 March A.D., 2012, under and by virtue of a writ Execution issued on the 1 st day of December, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7466, at the suit of Bank of America against Michael Nicky aka Michael Nickey is duly recorded as Instrument Number 201213208. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?Z? day of A.D.W0 of Deeds MyCkmidub ntheFiatM=*dJ6&=4