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Home My WebLink About10-0744Phelan Uallinan & Schmieg, LLP `Lawrence T. Phelan, Esq., Id. No. 32227 --'Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff 220696 JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY 2258 PINE ROAD NEWVILLE, PA 17241 Defendants T 2010 F 3- I Ail 9: 0 I ( NYT y ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - V4 Civi I Terror CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O 40'.00 Pn C? 9C6 RV .3'100(0 Airy File #: 220696 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 220696 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY 2258 PINE ROAD NEWVILLE, PA 17241 who is/are the real owner(s) of the property hereinafter described. 3. On 07/26/2007 mortgagor(s) HAROLD F. WILEY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS A NOMINEE FOR COUNTRYWIDE HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200730547. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 220696 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 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. The following amounts are due on the mortgage: Principal Balance $131,815.53 Interest $7,167.06 02/01/2009 through 01/29/2010 Attorney's Fees $650.00 Cumulative Late Charges $480.15 07/26/2007 to 01/29/2010 Costs of Suit and Title Search 550.00 Subtotal $140,662.74 Escrow Credit $0.00 Deficit $4,214.82 Subtotal $4,214.82 TOTAL $144,877.56 7 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 #: 220696 8. 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. 9. Mortgagor Harold F. Wiley died on 11/04/2008, leaving a Will dated 12/20/2007. Letters Testamentary were granted to Peggy Nieves on 11/14/2008 in Cumberland County, No. 21- 08-4129. Decedent's surviving heir(s) at law and next-of-kin is Peggy Nieves. 10. Plaintiff does not hold the named Defendant(s), Peggy Nieves and Jose Nieves, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 220696 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $144,877.56, together with interest from 01/29/2010 at the rate of $27.46 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP B Y ? 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 ? 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 #: 220696 LEGAL DESCRIPTION BALL THAT CERTAIN TRACT OF LAND KNOWN AS Lot NUMBER 1, SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V. NEIDLINGER, REGISTERED SURVEYOR, DATED August 2, 1976, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE Southern RIGHT-OF-WAY OF LR21008 (PINE Road) BEING THE Northeast CORNER OF Lot NO. 1; THENCE ALONG THE LAND OF MRS. R. STANLEY WITMER, NOW OR FORMERLY; South NINE (09) DEGREES FORTY (40) MINUTES West FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE- HUNDREDTHS (421.56) FEET TO AN IRON PIN; THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN North EIGHTY-SEVEN (87) DEGREES TWENTY-THREE (23) MINUTES THIRTY-TWO (32) SECONDS West ONE HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IRON PIN; THENCE ALONG Lot NO.2 North NINE (09) DEGREES TWELVE (12) MINUTES ONE (01) SECOND East FOUR HUNDRED THIRTY-SIX AND SEVENTY-FIVE ONE-HUNDREDTHS (436.75) FEET TO AN IRON PIN; THENCE ALONG THE Southern RIGHT-OF-WAY OF LR 21008 South EIGHTY (80) DEGREES FORTY-SEVEN (47) MINUTES FIFTY-NINE (59) SECONDS East ONE HUNDRED THIRTY-FIVE (135) FEET TO THE PLACE OF BEGINNING. PROPERTY ADDRESS: 2258 PINE ROAD, NEWVILLE, PA 17241-9526 PARCEL # 311-11-0302-016 File #: 220696 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. d7A-?- rney for Plaintiff Atto DATE: 1 ?File #: 220696 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor a tEh? ai ?n+ribFr????k Of :R'FF PLED-4C, riCE OF THE FP0TH;v sCTAPy 2010 FEB -8 PH 12= Q 1 BAC Home Loans Servicing, LP vs. Jose M. Nieves Case Number 2010-744 SHERIFF'S RETURN OF SERVICE 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jose M. Nieves, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jose M. Nieves. Request for service at 2258 Pine Road, Newville, PA 17241 is vacant. The Newville Postmaster has advised the defendant's new address is 16722 Wrangletown Road, Shirleysburg, PA 17260. 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Peggy W. Nieves, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Peggy W. Nieves. Request for service at 2258 Pine Road, Newville, PA 17241 is vacant. The Newville Postmaster has advised the defendant's new address is 16722 Wrangletown Road, Shirleysburg, PA 179Fn SHERIFF COST: $64.80 February 04, 2010 ;c! COUn`, SWO Shentf. Te;^sgff. Inc 1 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 t-.4Eourtenay 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 15-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff Vs. JOSE NIEVES PEGGY NIEVES Defendants TO THE PROTHONOTARY: FILED Ti?r' C 'i 1 I: 1('Y 201Cf FEB 25- AIN 11: 23 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 10-744-CIVIL-TERM O AID. 0o PD ATM e? 91199 P.? a38o?? Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: ? ence 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 KAndrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: FFebmary 22,E /ixh, Svc Dept. File# 220696 F I LED CE :7c THE PR t`7`^r?i+TAF?Y 2010 MAR -9 Aii 10: 40 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ----gheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff VS. JOSE NIEVES PEGGY NIEVES Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION NO. 10-744-CIVIL-TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 220696 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaj4tiffA By: _. (. E] Lawrence T. Ph n, 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 ? J dith 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 Date: 3-4-10 PHS #: 220696 AssIsTANT SECRETARY VERIFICATION Diane Yom hereby states that he/she is of BAC HOME LOANS SERVICING, L.P., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: (91WId Title: Company: BAC HOME LOANS SERVICING, L.P. File #: 220696 Nieves Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff VS. JOSE NIEVES PEGGY NIEVES Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-744-CIVIL-TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JOSE NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 PHS #: 220696 PEGGY NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 C, eetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 3-4-10 PHS #: 220696 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-1t0 F, `.:c Sheriff ,;7- THE Jody S Smith Chief Deputy ?Q Q MA 112 All Edward L Schorpp ?,, F y Solicitor OFFjc' ? ri- CLw: F BAC Home Loans Servicing, LP vs. Jose M. Nieves (et al.) Case Number 2010-744 SHERIFF'S RETURN OF SERVICE 02/25/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jose M. Nieves, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 02/25/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Peggy Nieves, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/04/2010 Huntingdon County Return: And now March 4, 2010 at 1023 hours I, William G. Walters, Sheriff of Huntingdon County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Peggy Nieves by making known unto Jose Nieves, adult in charge at 16722 Wrangletown Road, Shirleysburg, PA 17260 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/04/2010 Huntingdon County Return: And now March 4, 2010 at 1023 hours I, William G. Walters, Sheriff of Huntingdon County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jose Nieves by making known unto himself personally, at 16722 Wrangletown Road, Shirleysburg, PA 17260 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 March 11, 2010 SO ANSWERS, 4Z RON R ANDERSON, SHERIFF Eo;:CokvfySW(P Sheriff, lpleosofi, Inc, F'LE"' -~-'~r Oc Tom'- r,:-~ ~~ _. ~ _. ._'~,Tk~-=Y Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ~vek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. vs. JOSE NIEVES PEGGY NIEVES .~ ~. ,. r __ ~ ` Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-744-CIVIL-TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES fi/y- ~~ ~ ~ ~~ ~ C+~ ~ ~1 `~l CS '7 ~l 2 ~ a~iaa~ ~Q`f'rC LS ~+1-cal ~ ~°~ TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOSE NIEVES, and PEGGY NIEVES, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $144,877.56 Interest - 01/30/2010 to 04/22/2010 $2,279.18 TOTAL $147,156.74 I hereby certify that (1) the Defendant's last known addresses are 1Ei722 WRANGLERTOWN ROAD, SHIRLEYSBURG, PA 17260 and the mortgaged premises 2258 PINE ROAD, NEWVILLE, PA 17241-9526, and (2) that notice has given in accordance with Rule 237.1, copy attached. ; % j Lawrence elan, Esquire 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 Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: y-~ ~ ~ /~~ .a Pxs # zzo696 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. vs. JOSE NIEVES PEGGY NIEVES Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-744-CIVIL-TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOSE NIEVES is over 18 years of age and his last known addresses are 16722 WRANGLERTOWN ROAD, SHIRLEYSBURG, PA 17260 and the mortgaged premises 2258 PINE ROAD, NEWVILLE, PA 17241-9526. (c) that defendant PEGGY NIEVES is over 18 years of age and her last known addresses are 16722 WRANGLERTOWN ROAD, SHIRLEYSBURG, PA 17260 and the mortgaged premises 2258 PINE ROAD, NEWVILLE, PA 17241-9526. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~ _ U Lawrence ~'~helan, 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 ^ Je ne R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq.., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq.., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised BAC HOME LOANS SERVICING, L.P. vs. JOSE NIEVES PEGGY NIEVES CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-744-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on '~/ ~ ~ 7 ' / U ~` By: ~ 1 If you have any questions concerning this matter please contact: ^ 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 ^ Shee 1 R. Shah-Jani, Esq., Id. No. 81760 ^ Je 'ne R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 ivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq.., Id. No. 205047 ^ Courtenay R. Dunn, Esq,, Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRMISA DEBT COLLECTORATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TD COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** BAC HOME LOANS SERVICING, L.P. v Plaintiff COURT' OF COMMON PLEAS CIVIL DIVISON NO. 10-744-C I V IL-'PERM JOSE NIEVES PEGGY NIEVES Defendant(s) TO: PEGGY NIEVES 2258 PINE ROAD NEWVILLE, PA 1 724 1-9526 llATE OF NOTICE: April 6, 2010 CUMBERLAND COUNTY "TI-IIS FIRM IS A DEBT COLLECTOR ATTEMP"f[NG "f0 COLLECT A ;DEBT. TI-lIS NOTICE IS SEN"l~ "f0 YOU IN AN ATTEMPT TO COLLECT TE IE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU W[LL BE USED FOR THAT PURPOSE.IF YOU F-IAVE PREVIOUSLY RECEIVED A DISCHARGE [N BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SF{OULD NOT BE CONSTRUED TO BE AN ATTEMP"l• TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPER"fY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE [N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN "fEN DAYS FROM THE DATE OF "i'HIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITFIOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR O"fHER IMPORTANT RIGHTS. YOU SHOULD "TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOU"[' HIRING A LAWYER. PHS # 220696 1F YOU CANNOT AFFORD TO HIRE A LAWYF,R, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES ~f0 ELIGIBLE-: PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUN"T'Y BAR ASSOC[A'I~1O1'J CUMBERLAND COUNTY COUR"hHOUSE 2 LIBER"fY AVENUE CARLISLE, PA 1?013 (717) 249-3166 By: Lawrence T. Phelan, - c . . No. 32227 Francis S. Hallinan, Esq., [d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., ld. No. 58745 ~eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., [d. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 8667 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., [d. No. 84439 Jaime McGuinness, Esq., [d. No. 90134 Chrisovalante P. Fliakos, Esq., ld. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No.:?06779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 220696 BAC HOME LOANS SERVEC1NG, L.P. v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. ]0-744-CIVIL-TERM JOSE NIEVES PEGGY NIEVES Defendant(s) I'O: PEGGY NIEVES 16722 WRANGLERTOWN ROAD SH[RLEYSBURG, PA 17260 DATE OF NOTICE: April 6, 2010 CUMBERLAND COUNTY "I'I iIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE [S SEND "1'O YOU W AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY [NFORMA"I'[ON OBTAINED FROM YOU W[LL BE USED FOR THAT PURPOSL.[F YOU I-IAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A"I'TEMP I' TO COLLF,CT A DEBT, BUT ONLY AS ENFORCEMEN"h OF LIEN AGA[NS1' PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINS"I' YOU WI"hIiOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORI'AN"l~ RIGHTS. YOU SHOULD "hAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO "hO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU W1TF1 INFORMATION ABOUT HIRING A LAWYER. PI {S # 220696 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Es ., Id. No. 32227 Francis S. Hallman, 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 ~8heetal 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. 20'?331 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. l~To. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 2.06779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 220696 BAC HOME LOANS SERVICING, L.P. v Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. 10-744-CNIL-TERM JOSE NIEVES PEGGY NIEVES Defendant(s) TO: JOSE NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 DATE OF NOTICE: Apri16, 2010 CUMBERLAND COUNTY THIS FIIZM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 220696 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Es ., . No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. Na. 69849 Judith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 220696 BAC HOME LOANS SERVICING, L.P. Plaintiff JOSE NIEVES PEGGY NIEVES Defendant(s) TO: JOSE NIEVES 16722 WRANGLERTOWN ROAD SHIlZLEYSBURG, PA 172b0 DATE OF NOTICE: April 6, 2010 COURT OF COMMON PLEAS CIVIL DMSON NO. 10-744-CIVIL-TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FII,E IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF' YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 220696 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, q., I . No. 32227 Francis S. Hallinan, Es ., d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ~3heetal 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. 61'791 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 220696 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BAC HOME LOANS SERVICING, L.P. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) To the Prothonotary: Issuc writ of cxccution in the abovc mattcr: Amount Due Interest from 04/23/2010 to Date of Sale ($24.19 per diem) TOTAL ~d'~.pp QD fl~~ V'{ • 80 ~F 53.ao ~~ ga.oo ~~ 10.00 ~~ h{• o o ~' a.so ~~ ~ a.c,o. ao - P~ ATM ~.oo ~V8 •50 l.t. Note: Please attach description of property. PHS # 220696 C# 45 3850 ~# a~a,s~ NO. 10-744-CIVIL-TERM CUMBERLAND COUNTY c-~ ~ ;. ; `-= ° -.-~ Z' l _ n+~ f '~ - $147,156.74 _-- ~:~', ~'' ~< 3 362.41 ~ ~" $150,519.15 _ X1 ~v AtCorney for Plaintiff -- Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ J ine R. Davey, Esq., Id. No. 87077 auren 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 w~ o~ ~~ a~ a oa ~~ O~ o° O~ U a U a W 0 ~ .~ '~ xa U ~ > W O W W W A z fU~ ~'C W H a d U a w x z AW ~a a ~~ AA ~a ~~ ~x ~ w ., WOE ~ ~ ~~~., ~' ,7" W Q G7 W ~aH 0 U w~ O% 0 ~. ~~ w 3° O ~ w ~ V a x H n: w ~O W ~w ~ _ > z w ¢ Q ~ Q o ~A ¢Q~o xo ~X~xo 3 ~~ ~ OQ ~IUAOa ~a ~~O~a' ~ ~C7 ~ O ~ v;wr¢x~C7 > ¢ x 0 ~ ~ w 0 N ~ O ~ N ~ ~ OHO ~ ~ ,~ M ~ ~ C ~ W N ~ N ~ ~ ~ ~ ~ M •~ V ~ O ~ ~p N M~~ G~ OMN ~o~00~izoN O p„ ° o o z v' z ono rn N ,r m o o ;b c o z -azZZbz.o 0 0 °~ ozz azz~ a~ b b .. '~ z Z Z oo Z'~ -d ~.ti b .. ,~www•ow.~~~~,b ~ww~ww ~ ~ ~ ~b o ~ww ~ ~w ~ ~w ~ ~~ ~awf~~tiv~ ,~>tia¢~tiU °UQ w^~^^^0^ ^^^~^^^0^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 ~~ One Penn Center Plaza ,,~ ~ ~-~f ~ '' `"-,-~;a.~Y Philadelphia, PA 19103 215-563-7000 ~DE~ ~iPi~~ 2~] ~' ~ ~ 35 BAC HOME LOANS SERVICING, ~;J , . . f ~ ~.~-~ Plaintiff %-. ~~ "' ;'I'~'° "`I` Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) CERTIFICATION NO.10-744-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 authorities. This certification is made subject to the penalties of 1 § 4904 relating to unsworn falsification to ~o~r(ey for Plaintiff helan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 BAC~HOME LOANS SERVICING, L.P. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. JOSE NIEVES NO.10-744-CIVIL-TERM PEGGY NIEVES, INDIVIDUALLY AND IN HER CUMBERLAND COUNTY CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY PHS # 220696 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., 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 2258 PINE ROAD, NEWVILLE, PA 17241-9526. Name and address of Owner(s) or reputed Owner(s): ~ ~ ~; Name Address (if address cannot be reasonably ,> ~ ascertained, please so indicate) ~~, i~~-, ~- .. ~.° .~ ?= -,~ , ~ JOSE NIEVES 16722 WRANGLERTOWN ROAD --~ ~' ..~ ,~ '' SHIRLEYSBURG, PA 17260 ~'_ -~ _... . l(-_ PEGGY NIEVES, INDIVIDUALLY AND IN 16722 WRANGLERTOWN ROAD ':~~ %~`' _ -" '-'-' HER CAPACITY AS EXECUTRIX AND SHIRLEYSBURG, PA 17260 ~ ~y DEVISEE OF THE ESTATE OF "~ ~;•. { HAROLD F. WILEY Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) James Neff James Neff Hi-Tech Hi-Art LLC C/o: Jonathan W. Crisp, Esquire 162 E. Phillips Street Coaldale, PA 18218-1528 15 Bass Lane Gouldsboro, PA 18424-9106 3601 Vartan Way Harrisburg, PA 17110 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of e~~ery other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. r 6. 1 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower 2258 PINE ROAD NEWVILLE, PA 17241-9526 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are t and correct to the best of my personal knowledge or information and belief. I understand hat fal sta ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t aut orities. May 21, 2010 ~ By: Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. omano, Esq., Id. No. 58745 ^ Sheet .Shah-Jani, Esq., Id. No. 81760 ^ J ne R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, L.P. vs. NO.10-744-CIVIL-TERM JOSE NIEVES CUMBERLAND COUNTY PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS , EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSE NIEVES 16722 WRANGLERTOWN ROAD SHIRLEYSBURG, PA 17260 PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY 16722 WRANGLERTOWN ROAD SHIRLEYSBURG, PA 17260 **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 2258 PINE ROAD, NEWVILLE, PA 17241-9526 is sched d tie sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, Southan~r 5~eet, Carlisle, PA 17013 to enforce the court judgment of $147,156.74 obtained by BAC HOME LANS= ~ T SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an annoucemexrt~will?b~`• made at said sale in compliance with Pa.R.C.P. Rule 3129.3. = - `'' `-';`~ . -,-. - -~, ~:~ ,-.:, NOTICE OF OWNER'S RIGHTS ~ ~ ~ >;`~'~ _ .. ~~; c., °z 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. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION 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. 10-744-CIVIL-TERM BAC HOME LOANS SERVICING, L.P. vs. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY owner(s) of property situate in Penn Township, Cumberland County, Pennsylvania, being (Municipality) 2258 PINE ROAD, NEWVILLE, PA 17241-9526 Parcel No. 31-11-0302-016 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $147,156.74 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 1 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND KNOWN AS LOT NUMBER 1, SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V. NEIDLINGER, REGISTERED SURVEYOR, DATED AUGUST 2, 1976, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY OF LR21008 (PINE ROAD) BEING THE NORTHEAST CORNER OF LOT NO. 1; THENCE ALONG THE LAND OF MRS. R. STANLEY WITMER, NOW OR FORMERLY; SOUTH NINE (09) DEGREES (40) MINUTES WEST FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE-HUNDREDTHS (421.56) FEET TO AN IRON PIN; THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN NORTH EIGHTY-SEVEN (87) DEGREES TWENTY-THREE (23) MINUTES THIRTY-TWO (32) SECONDS WEST ONE HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IRON PIN; THENCE ALONG LOT NO. 2 NORTH NINE (09) DEGREES (12) MINUTES ONE (O1) SECOND EAST FOUR HUNDRED THIRTY-SIX AND SEVENTY-FNE ONE- HUNDREDTHS (436.75) FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN RIGHT-OF- WAY OF LR 21008 SOUTH EIGHTY (80) DEGREES FORTY-SEVEN (47) MINUTES FIFTY-NINE (59) SECONDS EAST ONE HUNDRED THIRTY-FIVE (135) FEET TO THE PLACE OF BEGINNING. CONTAINING 1.313 ACRES AND BEING LOT NO. 1, ACCORDING TO ASUB-DIVISION PLAN BY LARRY V. NEIDLINGER, P.E., DATED AUGUST 12, 1976 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 29 AT PAGE 108. Vested by Warranty Deed, dated 02/16/2008, given by Harold Wiley, single man to Harold Wiley, single man and Jose Nieves and Peggy Nieves, husband and wife, Sole Owner, and recorded 02/25/2008 Instrument # 200805338. Harold Wiley departed this life on or around 11.04.2008, leaving ownership of premises to Jose Nieves and Peggy Nieves, husband and wife. PREMISES BEING: 2258 PINE ROAD, NEWVILLE, PA 17241-9526 PARCEL N0.31-11-0302-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-744 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, Plaintiff (s) From JOSE NIEVES, PEGGY NIEVES, individually and in her capacity as Executrix and Devisee of THE ESTATE OF HAROLD F. WILEY (I) 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 $147,156.74 L.L.$.50 Interest from 4/23/10 to Date of Sale ($24.19 per diem) -- $3,362.41 Atty's Comm % Due Prothy $2.00 Atty Paid $260.30 Other Costs Plaintiff Paid Date: 5/27/10 /~ ~. k.7 David D. B ell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS 5ERVICING, L.P. Plaintiff, v. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS cn ~ --; _ CIVIL DIVISION C ~ _T t ;,= q, ~.• No. 10-744-CIVIL-TERM, F; W =~" ~= . ~_ ~. ^VA- 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 hereto Exhibit "A". ~-,-- ence 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 Attorney for Plaintiff Date: _ ^~ ~, ( Q IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 220696 a BAC HOME LOANS SERVICING, L.P. Plaintiff COURT OF COMMON PLEAS v. JOSE NIEVES CIVIL DIVISION NO.10-744-CIVIL-TERM PEGGY NIEVES, INDIVIDUALLY AND IN HER CUMBERLAND COUNTY CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY PHS # 220696 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., 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 2258 PINE ROAD, NEWVILLE, PA 17241-9526. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JOSE NIEVES 16722 WRANGLERTOWN ROAD SHIRLEYSBURG, PA 17260 PEGGY NIEVES, INDIVIDUALLY AND IN 16722 WRANGLERTOWN ROAD HER CAPACITY AS EXECUTRIX AND SHIRLEYSBURG, PA 17260 DEVISEE OF THE ESTATE OF HAROLD F. WILEY 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) James Neff 162 E. Phillips Street Coaldale, PA 18218-1528 James Neff 15 Bass Lane Gouldsboro, PA 18424-9106 James Neff Hi-Tech Hi-Art LLC C/o: Jonathan W. Crisp, Esquire Steen Funeral Home C/O Nathan C. Wolf, Esquire 519 Chestnut Street Mount Holly Springs, PA 17065 3601 Vartan Way Harrisburg, PA 17110 Wolf & Wolf 10 West High Street Carlisle, PA 17103 .a 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. 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 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 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 2258 PINE ROAD NEWVILLE, PA 17241-9526 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6`" Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13~' Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. DATE By: ~~-~ Atto for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 l.m,to attu ruataa evwunvl ec xtlmleg LLr Addnu y 1617 JFK Boulevard, Sutra i 400 Of Sender One Penn Cerlttr Piaza Pbiladeluhia. PA 19103 30TlALE - 09/08!2010 SALE Liao Article Number Name of Add Stns and Pat Offfa AddnSt Po Fee 1 *'*' TENANTlOCCUPANT 2138 PINE ROAD NEWVII.L PA 17741-9326 2 ••«• Domadc Rtlatioos of Cumber4ad Couuty 13 North Hanover 3trtet• Carlbl PA 17013 ~o 0 ~ 3 •*** Commoawealtb of PeanaylvanLi ~ ~ "' °r Departneat of WeKan ~N P.O. Bos 2675• Harritbu PA 17105 ~ } 4 **"• Uuited Statta Inttrnal Raveoue N SpeciatProcedures Branab l Federated Iavatora Tower;13th Moor, Suite 1300 ~ ~ N ~ 1001 Labe Aveane• Pteesbu PA 15222 ^ 5 **** U.S.DepartmeatofJnaUee ~ ~ ~: U.S. Atbraey for the Middle Diatrict•of PA ~~ o ° Federal BuBdiuBr P.O. eo:11734 o 228 Walaat S • HarrWr PA 17108 6 Coanoowealtb of Pennrylvaala Bnnan of [nalvianai Tas, Iateritance Tas DhUloa 6<~ F1ooq Stnrrberry 3q., 28061 ILrrlabn PA 17128 7 Interwl Revenue Setvkt; Federated Inve9ton Tower 13n For, Suitt 1300;1001 Liberty Avenae PNtabn PA 15721 8 Depargatat otPablRe WelGre; TPL Casuaky Unit >8ttate Recovery Prntram; P.O. Bos 848b Willow Oak Build ' Harriabn PA 19105 9 • Janet ` «-. l62 ilUpt Street C PA 18718-1528 10 J Neff Btu Isae PA 18414-9106 11 Hl- l t o:• E Z~~R < as r sp, re aqu il~I~ {`t Ol Var I rMbu PA 17110 ~ 12 RE. 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Y,, CtlM~~~ ~ ~~,; ; ; ,.,/ ,~ ~~r l1vV PENiVSY~Vrlhfiq BAC Home Loans Servicing, LP Case Number vs. Jose M. Nieves (et al.) 2010-744 SHERIFF'S RETURN OF SERVICE 06/07/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jose M. Nieves, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 06/07/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Peggy Nieves, ind. and in her capacity as Executrix and Devisee of the Estate of Harold F. Wiley, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 06/25/2010 11:15 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 1100 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 Jose M. & Peggy W. Nieves, located at, 2258 Pine Road, Newvilte, Cumberland County, Pennsylvania according to law. 07/15/2010 Huntingdon County Return and now the, 6th day of July 2010, at 1350 hrs served the within Real Estate Writ, Notice of Sale and Description upon Jose M. Nieves, the defendant, by making known unto Jose M. Nieves, personally, at 16722 Wrangleton Road, Shirleysburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Daniel B. McCartney, Jr., Deputy Sheriff of Huntingdon County, Pennsylvania. 07/15/2010 Huntingdon County Return and now the, 6th day of July 2010, at 1350 hrs served the within Real Estate Writ, Notice of Sale and Description upon Peggy Nieves, the defendant, by making known unto Jose M. Nieves, Spouse, at 16722 Wrangleton Road, Shirleysburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Daniel B. McCartney, Jr., Deputy Sheriff of Huntingdon County, Pennsylvania. 08/26/2010 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 08/23/10 SHERIFF COST: $674.47 SO ANSWERS, a "°- August 27, 2010 RON R ANDERSON, SHERIFF ~ ~(~ - ~ -- . s~ [~ per'. c~~~~ ~~~ ~~s RAC HOME t.OANS SERVICINr, L.P. Plaintiff ` ' v. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE COURT OF COMMON PLEAS CIVIL DIVISION NO.10-744-CIVIL-TERM CUMBERLAND COUNTY ESTATE OF HAROLD F. WILEY PHS # 220696 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., 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 2258 PINE ROAD, NEWVILLE, PA 17241-9526. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JOSE NIEVES 16722 WRANGLERTOWN ROAD SHHtLEYSBURG, PA 17260 PEGGY NIEVES, INDIVIDUALLY AND IN 16722 WRANGLERTOWN ROAD HER CAPACITY AS EXECUTRIX AND SHIRLEYSBURG, PA 17260 DEVISEE OF THE ESTATE OF HAROLD F. WILEY 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 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) James Neff James Neff 162 E. Phillips Street Coaldale, PA 18218-1528 15 Bass Lane Gouldsboro, PA 18424-9106 Hi-Tech Hi-Art LLC ' 3601 Vartan Way C/o: Jonathan W. Crisp, Esquire Harrisburg, PA 17110 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of e~~ery other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 1I 6~ Name and address ofevery other person who has any record interest in the property and whose interest may be affected by the r sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 2258 PINE ROAD NEWVILLE, PA 17241-9526 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11.754 228 Walnut Street Harrisburg, PA 17108 y. Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are t and correct to the best of my personal knowledge or information and belief. I understand khat fal sta ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t aut orities. May 21, 2010 ~ By. Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. omano, Esq., Id. No. 58745 ^ Sheet .Shah-Jani, Esq., Id. No. 81760 ^ J e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~, BAC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO.10-744-CIVIL-TERM JOSE NIEVES CUMBERLAND COUNTY PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSE NIEVES 16722 WRANGLERTOWN ROAD SHIRLEYSBURG, PA 17260 PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY 16722 WRANGLERTOWN ROAD SHIRLEYSBURG, PA 17260 **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 2258 PINE ROAD, NEWVILLE, PA 17241-9526 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $147,156.74 obtained by BAC HOME LOANS SERVICING, L.P. (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 ca11215-563-7000. 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. 10-744-CIVIL-TERM BAC HOME LOANS SERVICING, L.P. vs. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY owner(s) of property situate in Penn Township, Cumberland County, Pennsylvania, being (Municipality) 2258_PINE ROAD, NEWVILLE, PA 17241-9526 Parcel No. 31-11-0302-016 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $147,156.74 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND KNOWN AS LOT NUMBER 1, SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V. NEIDLINGER, REGISTERED SURVEYOR, DATED AUGUST 2, 1976, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY OF LR21008 (PINE ROAD) BEING THE NORTHEAST CORNER OF LOT NO. 1; THENCE ALONG THE LAND OF MRS. R. STANLEY WITMER, NOW OR FORMERLY; SOUTH NINE (09) DEGREES (40) MINUTES WEST FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE-HUNDREDTHS (421.56) FEET TO AN IRON PIN; THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN NORTH EIGHTY-SEVEN (87) DEGREES TWENTY-THREE (23) MINUTES THIRTY-TWO (32) SECONDS WEST ONE HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IRON PIN; THENCE ALONG LOT N0.2 NORTH NINE (09) DEGREES (12) MINUTES ONE (O1) SECOND EAST FOUR HUNDRED THIRTY-SIX AND SEVENTY-FIVE ONE- HUNDREDTHS (436.75) FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN RIGHT-OF- WAY OF LR 21008 SOUTH EIGHTY (80) DEGREES FORTY-SEVEN (47) MINUTES FIFTY-NINE (59) SECONDS EAST ONE HUNDRED THIRTY-FIVE (135) FEET TO THE PLACE OF BEGINNING. CONTAINING 1.313 ACRES AND BEING LOT NO. 1, ACCORDING TO ASUB-DIVISION PLAN BY LARRY V. NEIDLINGER, P.E., DATED AUGUST 12, 1976 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 29 AT PAGE 108. Vested by Warranty Deed, dated 02/16/2008, given by Harold Wiley, single man to Harold Wiley, single man and Jose Nieves and Peggy Nieves, husband and wife, Sole Owner, and recorded 02/25/2008 Instrument # 200805338. Harold Wiley departed this life on or around 11.04.2008, leaving ownership of premises to Jose Nieves and Peggy Nieves, husband and wife. PREMISES BEING: 2258 PINE ROAD, NEWVILLE, PA 17241-9526 PARCEL N0.31-11-0302-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-744 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, Plaintiff (s) From JOSE NIEVES, PEGGY NIEVES, individually and in her capacity as Executrix and Devisee of THE ESTATE OF HAROLD F. WILEY (I) 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 $147,156.74 L.L.$.50 Interest from 4/23/10 to Date of Sale ($24.19 per diem) -- $3,362.41 Atty's Comm % Due Prothy $2.00 Atty Paid $260.30 Other Costs Plaintiff Paid Date: 5/27/10 • ~. David D. Bu 11, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 V` On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA, Known and numbered as, 2258 Pine Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: al Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice 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: July 16, July 23, and July 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. Writ No. 2010-744 Civil ~ ' // '~ BAC Home Loans Servicing, LP F/K/A Countrywide isa Marie Home Loans Servicing, LP vs. Jose M. Nieves SWORN TO AND SUBSCRIBED before me this Peggy W. Nieves 0 da of July, 2010 Atty.: Daniel Schmieg By virtue of a Writ of Execu- ' tion NO. 10-744-CIVIL-TERM, BAC HOME LOANS SERVICING, L. P. vs. JOSE NIEVES, PEGGY NIEVES IN- Notary , DIVIDUALLYAND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY, owners of property situate in Penn Township, Cumberland County, NOTARIAL SEAL Pennsylvania, being 2258 PINE DEBORAH A COLLINS ROAD, NEWVILLE, PA 17241-9526. NOtBfy PUbIIC Parcel No. 31-11-0302-016. CARLISLE BOROUGH, CUMBERLAND COUNTY Improvements thereon: RESIDEN- TIAL DWELLING. My COII1rtIfSa10t1 EXQIflE Apf 28, 201 JUDGMENT AMOUNT: $147,156- .74. ti~# r ' ~ ,.~ a ~?Y. The Patriot-News Co. 020 Technology Pkwy , Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~Ile~latriot-News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 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. Vilrit No. 20.10-744 CivNTerm This ad ran on the date(s) shown below: 3AC Home Loans Servicing, LP F/IUA Countrywide Home Loans 07/09/10 Servicing, LP vs 07/16/10 Jose M. Nieves 07/23/10 Peggy W. Nieves Atty: Daniel Schmleg By virtue of a Writ of Execution N0. 10-744- CIVB,~TERM .... .. .. ........... BAC HOME LOANS SERVICING, L.P, -+~ ~s. Sworn to a ubs'cribed before me is 9~ y August, 2010 A.D. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND ~ ~' IN HLR CAPACITY AS EXECUTRIX AND ~ ,- ~it-~-~, t ~ -~~ ~ _t-_~- DWIL~PY E OF THE ESTATE OF HAROLD E ` i Notary Public -_~~~~ owner(s) of property situate in Penn Township, Cumberland Counry, Pennsylvania, being ~ C©MMOAiW~LTH OF PEN_ N~YI.VANL't (MwucrpaLty) Notarial Seal 2258 PINE ROAD, NEWVB.LE, PA 17241- Sherne L. Klsner, Notary public 9526 dower Paxton Twp., Dauphin County Parcel No. 31-11-0302-016 _ Y Cornmis~!on Expires Nov. 26 2031 (Acreage or street address) Mef"~~~"'• "'^nnsv;vania ,association of Notaries Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $147,156.74 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2G11 SF? 22ktt ,R 4or Plaintiff ?.?J?O? DNS ?LVA? A T`? BAC HOME LOANS SERVICING, LP Plaintiff vs JOSE NIEVES PEGGY NIEVES Defendant : I Court of Common Pleas : I Civil Division : CUMBERLAND County : I No. 10-744-CIVIL-TERM TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered. ? Please mar the n rem judgment Satisfied and the action Discontinued and Ended. Date: PHELMIEG, LLP By: ? Lawresq., I d. No. 32227 ? Francis S. Hallman, 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 hah-Jani, Esq., Id. No. 81760 ? JK"'erenZ Davey, Esq., Id. No. 87077 ? Tabas, Esq., Id. No. 93337 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Schemer, Esq., Id. No. 308912 PHS # 220696 Attorneys for Plaintiff e14 0 L?u-? In ? ay s eµab?gay Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, LP Plaintiff Court of Common Pleas vs JOSE NIEVES PEGGY NIEVES Defendant Civil Division CUMBERLAND County No. 10-744-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JOSE NIEVES PEGGY NIEVES 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 Date: _ By: ? La ce T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallman, 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 Shah-Jani, Esq., Id. No. 81760 ? Jem R. Davey, Esq., Id. No. 87077 n R. Tabas, Esq., Id. No. 93337 V velki 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 PHS # 220696 Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-744 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, Plaintiff (s) From JOSE NIEVES; PEGGY NIEVES, individually and in her capacity as executrix and devisee of THE ESTATE OF HAROLD F. WILEY, (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: $163,056.08 L.L.: Interest from 11/23/11 to Date of Sale ($26.80 per diem) -- $5,279.60 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $980.77 Other Costs: Plaintiff Paid: Date: 3/1/12 '?11 David D. B ell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 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 Plaintiff CIVIL DIVISION v JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/23/2011 to Date of Sale ($26.80 per diem) TOTAL NO.: 10-744-CIVIL-TERM CUMBERLAND COUNTY $163.056.08 $5,279.60 168 3 5.68 ter - :;r3 "C G Ty, (w'r 4,11 cn Note: Please attach description of property. PHS # 220696 Hi Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff g ?a8.5o Po A?ml L 4 .Sb -Coos-F ? .?' 5d .av - L7Y ''17 ? « < c <r IY•GU _n , . aLf.6 g.oo r? vo QSo. r?- 12.2,s (!6 c 11591o81r 11(0 a915 ?+? 077198 ?Q Q x W W a ? ?w ? 7 aQ ? A ? A a?do? MAU Oa Q d H w? ? H r{ o o? U ?3 v o W ? a o - ell, O d vi p? jE p? ?` va?H ? Ow c ?o3v? At ° ?v PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 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 Plaintiff V JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-744-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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa. B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relatir?o to unsworn falsification to authorities. By: WHallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff rn Z:;o W r- r~ ?1 C.. > -4 i? xs aa. G ,Tr' BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. JOSE NIEVES COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-744-CIVIL-TERM PEGGY NIEVES, INDIVIDUALLY AND IN HER CUMBERLAND COUNTY CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY PHS # 220696 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2258 PINE ROAD, NEWVILLE, PA 17241-9526. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JOSE NIEVES 16722 WRANGLETOWN ROAD SHHRLEYSBURG, PA 17260 PEGGY NIEVES, INDIVIDUALLY AND IN 16722 WRANGLETOWN ROAD HER CAPACITY AS EXECUTRIX AND SHIRLEYSBURG, PA 17260 DEVISEE OF THE ESTATE OF HAROLD F. WILEY Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Z :M z? mac-? ? ?-_ _5 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) GIANT FOODS, EMPLOYER GARNISHEE JAMES NEFF JAMES NEFF C/O SHERI D. COOVER, ESQUIRE JAMES NEFF C/O SHERI D. COOVER, ESQUIRE STEEN FUNERAL HOME C/O DANIEL KING, III, ESQUIRE 1621 INDUSTRIAL DRIVE CARLISLE, PA 17013 519 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 44 S. HANOVER STREET CARLISLE, PA 17013 SCARINGI & SCARINGI PC 2000 LINGLESTOWN RD STE 106 HARRISBURG, PA 17110 1200 BATH AVENUE P.O. BOX 303 CATLETTSBURG, KY 41129 STEEN FUNERAL HOME C/O NATHAN C. WOLF, ESQUIRE HI-TECH HI-ART LLC HI-TECH HI-ART LLC C/O JONATHAN W. CRISP, ESQUIRE HI-TECH HI-ART LLC C/O JONATHAN W. CRISP, ESQUIRE HI-TECH HI-ART LLC C/O JONATHAN W. GRIST, ESQUIRE 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION 10 WEST HIGH STREET CARLISLE, PA 17013 32 8TH STREET NEW CUMBERLAND, PA 17110 3601 VARTAN WAY HARRISBURG, NY 14110 CRISP AND ASSOCIATES LLC 3540 N PROGRESS AVE HARRISBURG, PA 17110 226 W CHOCOLATE AVE HERSHEY, PA 17033-1566 2258 PINE ROAD NEWVILLE, PA 17241-9526 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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. Date: 2 A -f// I By: Ph n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BAND QF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP . : CIVIL DIVISION Plaintiff : : NO.: 10-744-CIVIL-TERM VS. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITYAS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 -T I ?rn F c ? ar cs -_; -:> z _w " C1 'i "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 2258 PINE ROAD, NEWVILLE, PA 17241-9526 is scheduled to be sold at the Sheriff s Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $163,056.08 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the salt; 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 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND KNOWN AS LOT NUMBER 1, SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V. NEIDLINGER, REGISTERED SURVEYOR, DATED AUGUST 2, 1976, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY OF LR21008 (PINE ROAD) BEING THE NORTHEAST CORNER OF LOT NO. l; THENCE ALONG THE LAND OF MRS. R. STANLEY WITMER, NOW OR FORMERLY; SOUTH NINE (09) DEGREES FORTY (40) MINUTES WEST FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE-HUNDREDTHS (421.56) FEET TO AN IRON PIN; THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN NORTH EIGHTY-SEVEN (87) DEGREES TWENTY-THREE (23) MINUTES THIRTY-TWO (32) SECONDS WEST ONE HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IRON PIN; THENCE ALONG LOT NO.2 NORTH NINE (09) DEGREES TWELVE (12) MINUTES ONE (01) SECOND EAST FOUR HUNDRED THIRTY-SIX AND SEVENTY-FNE ONE- HUNDREDTHS (436.75) FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN RIGHT-OF- WAY OF LR 21008 SOUTH EIGHTY (80) DEGREES FORTY-SEVEN (47) MINUTES FIFTY-NINE (59) SECONDS EAST ONE HUNDRED THIRTY-FNE (135) FEET TO THE PLACE OF BEGINNING. CONTAINING 1.313 ACRES AND BEING LOT NO. 1, ACCORDING TO A SUB-DIVISION PLAN BY LARRY V. NEIDLINGER, P.E., DATED AUGUST 12, 1976 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 29 AT PAGE 108. TITLE TO SAID PREMISES VESTED IN Harold Wiley, single man and Jose Nieves and Peggy Nieves, husband and wife, Sole owner, given by Harold Wiley, single man, dated 02/16/2008, and recorded 2/25/2008 Instrument # 200805338. Mortgagor Harold Wiley died on 11/04/2008, leaving a Will dated 12/20/2007. Letters Testamentary were granted to Peggy Nieves on 11/14/2008 in Cumberland County, No. 21-08-1129. Decedent's surviving heir(s) at law and next-of-kin is Peggy Nieves. PREMISES BEING: 2258 PINE ROAD, NEWVILLE, PA 17241-9526 PARCEL NO. 31-11-0302-016 SHORT DESCRIPTION By virtue of a. Writ of Execution NO. 10-744-CIVIL-TERM BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY owner(s) of property situate in Penn Township, Cumberland County, Pennsylvania, being (Municipality) 2258 PINE ROAD, NEWVILLE, PA 17241-9526 Parcel No. 31-11-0302-016 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,056.08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 I J z , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff V. JOSE NIEVES PEGGY NIEVES Court of Common Pleas Civil Division CUMBERLAND County No.: 10-744-CIVIL-TERM Defendants RULE AND NOW, this day of [ r k < 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants 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 THE O RT Tho as A. Placey common Pleas Judge 220696 L ma Ostrovsky, Esq., Id. No.83921 P elan Hallinan & Schmieg, LLP 1 17 JFK Boulevard, Suite 1400 P' riladelphia, PA 19103 IM: (215) 563-7000 F kX: (215) 563-3459 /J')SE NIEVES PEGGY NIEVES 16722 WRANGLETOWN ROAD SISHIRLEYSBURG, PA 17260 V JOSE NIEVES PEGGY NIEVES 17622 WRANGLETOWN ROAD 'SHIRLEYSBURG, PA 17260 ?nop; FS 1MGt . ?'13?, a !mac JOSE NIEVES PEGGY NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 220696 220696 k ., } t P;cn 1 9 Phelan Hallinan & Schmieg, LLPi AND Allison F. Wells, Esq., Id. No.30 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff vs. JOSE NIEVES PEGGY NIEVES Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-744-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 13, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JOSE NIEVES PEGGY NIEVES 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 JOSE NIEVES PEGGY NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 PEGGY NIEVES JOSE NIEVES 110 W BUTLER ST MOUNT HOLLY SPRINGS, PA 17065-1207 DATE: t ?) I JOSE NIEVES PEGGY NIEVES 17622 WRANGLETOWN ROAD SHIRLEYSBURG, PA PhelanJU-94mCn- & Schmieg, LLP Allison F.-WeIIls, Esquire Attorney for Plaintiff 220696 IN THE COURT OF COMMON PLEAS 1 , CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, LP Civil Division Plaintiff CUMBERLAND County vs. No.: 10-744-CIVIL-TERM JOSE NIEVES PEGGY NIEVES Defendants ORD -QY AND NOW, this ,rJ day of , 2012, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDE D and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 6, 2012 Per Diem $27.00 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Non Sufficient Funds Charge Escrow Deficit Suspense/Misc. Credits TOTAL $131,766.46 $32,253.07 $480.15 $1,925.0 $1,798. m 3 `-_ $720. $525.Q< - , ° $98.0 r, ; $20. $16,952.19 ($2,985.15) $183,553.99 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. v hana OS-IroUs?'Y, 7 ? ?°? IL;rU?=s T-",rt' 10;PUe-5 C'op-'e5 hlcc" (e?4 Atz'6. BY TH COURT: J. Thoma A. Placey Common Pleas 3ud9e 220696 PLAINTIFF BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP DEFENDANT JOSE NIEVES PEGGY NIEVES SERVE PEGGY NIEVES AT: 110 W BUTLER ST MOUNT HOLLY SPRINGS, PA 17065-1207 PHS # 220696 SERVICE TEAM/ lxh ' c , COURT NO.: 10-744-CIVIL-TERMk 'i TYPE OF ACTION E? ' Y?t ? ! XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 SERVED Served and made known to PEGGY NIEVES, Defendant on the day of Q1 < 20 (a, at 167 > o'clock -?. M., at 110 Vi- Ba-r!-E:k S g in the manner described below V Defendant personally served. MT 1Ly Pw2t N&S, 1}, - 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: Description: Age Height _ Weight LSD Race w Sex Other a competent adult, hereby verify that I personally handed 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 alties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: r " 12 -ii TITLE: ror"-J 1-:"s I 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. Hallman, 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 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 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 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 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY AFFIDAVIT OF SERVICE PL'AINT'IFF CUMBERLAND COUNTY BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP PHS # 220696 ( F + xa , DEFENDANT SERVICE TEAM/ lxh JOSE NIEVES COURT NO.: 10-744-CIVIL-TERM ar. # a v PEGGY NIEVES SERVE JOSE NIEVES AT: 110 West Butler Street, Mount Holly Springs, PA 17065 TYPE OF ACTION F'16VA N 1 A, XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 SERVED Served and made known to JOSE NIEVES, Defendant on the 6_` day of k I _ 20 )-;L, at 7-:07 , o'clock P. M., at I (o fit/. B ctt LF-R SjtkE?T in the manner described below: Defendant personally served. M't- vLLy 1 P"( "; , psi Adult family member with whom Defendant(s) reside(s). Relationship is VJ I _ 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: Description: Age 6S Height 5'9"- Weight 25-0 Race 1'U Sex Other L i?.:_??? 1:1 ,??i+3i? a competent adult, hereby verify that 1 personally handed 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. I DATE: NAME: PRINTED NAME: A _ r^ TITLE: 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 unswom 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 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 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 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 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER 'I'O BAC HOME LOANS SERVICING. I.P Plaintiff JOSE NIEVES PEGGY NIEVh,S Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CERTIFICATION OF SERVICE I herelby certify that a true and correct copy of the October 02, 2012 Court Order in regards to Pla.intif~s Motion to Postpone was sent via Lfirst class mail to the following individuals on the date indicated below. JOSE NIEVES 110 West Butler Street, Mount Holly Springs, PA 17065 PEGGY NIEVES 110 W BUTLER. ST MOUNT IIOLLI~ SPRINGS, PA 17065-1207 JOSE NIEVES 17622 WRANGI_,E'TOWN ROAD SHIRLEYSBURG, PA 17260 R. THOMAS KLINE, SHERIFF OFFICE OF THE SHERIFF 1 COURTHOUSE SQUARE CARLISLE PA 17013 JOSE NIEVES 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 PEGGY NIEVES 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 PEGGY NIEVES 17622 WRANGLETOWN ROAD SHIRLEYSBUF:G, P~ 17260 __- ::--''- Phelan Hattinan &-~'chmieg, LLP Date: October 15, 2012 ~. ~Y~ ___ Alliso - .Wells, Esq., Id. No309519 Attorney for Plaintiff SHE~RIFF~'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor BAC Home Loans Servicing, LP vs. Jose M. Nieves (et al.) ,, r-- .. _ r~ ~ 9 ~ l ~_,~ ~ ~._ . "_ i r ,:r: ' ~, i : , ~.., ~, ` c-, - . .._. r .. ; ~ . -~ _. y .. . _. c..~ f, Case Number 2010-744 SHERIFF'S RETURN OF SERVICE 03/21/2012 05:33 PM -Deputy Valerie Weary, 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 2258 Pine Road, Penn Township, Newville, PA 17241, Cumberland County. 06/04/2012 As directed by Daniel Schmieg, Attcrney for the Plaintiff, Sheriffs Sale Continued to 8/8/2012 08/03/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/3/2012 10/03/2012 As directed by Daniel Schmieg, Attcrney for the Plaintiff, Sheriffs Sale Continued to 12/5/2012 11!26/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $766.45 November 26. 2012 ~~~,y3, ... ~ SO ANSWERS, f r"] / ~ RONNY R ANDERSON, SHERIFF ~~. z.s~d c'~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-744 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., as successor by merger to BAC HOME LOANS SERVICING, LP, Plaintiff (s) From JOSE NIEVES; PEGGY N[EVES, individually and in her capacity as executrix and devisee of THE ESTATE OF HAROLD F. WILEY, (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: $163,056.08 L.L.: Interest from 11!23!11 to Date of Sale ($26.80 per diem) -- $5,279.60 Atty's Comn-i: % Due Prothy: $2.25 Atty Paid: $980.77 Other Costs: Plaintiff Paid: Date: 3/1/12 (Seal) David D. Buell, Prothonota .~ Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Te I ephone: 215-563-7000 Supreme Caurt ID No. 308877 TRUE COPY PROM RECORD In Teerimony whsred.l ~° uMo set rr+Y Iw~d d ,t~ Protl,-a-ob~ ~ ~• /~- P 0 On March 14, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, P~, known and numbered 2258 Pine Road, Newvilie, PA 17241-952 more fully described on exhibit°dA" filed with this writ and by this reference incorporated herein Date: March 14, 2012 ~. __. ........... For Claudia Brewbaker, Real Estate Coordinator ~'?$tfi? ,. 's .... Writ No. 2010-744 Civil Term Bank of America, N.A. as Successor by Merger to BAC Home Loans Sen~icing, LP vs. Jose Nieves, Peggy Nieves, Individually and in her Capacity as Executrix and Devisee of the Estate of Harold. F. Wiley Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-744-CNIL-TERM, BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. JOSE NIEVES, PEGGY NIEVES, INDNIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY, owner(s) of property situate in Penn Township, Cumberland County, Pennsylvania, being 2258 PINE ROAD, NEWVILLE, PA 17241-9526. Parcel No. 31-11-0302-016. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT: $163,056- .08. IMPROVEMENTS: Residential Property PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 27, May 4, and May 11, 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. Vl ~` 'J isa arie Coyne, Edito SWORN TO AND SUBSCRIBED before me this ~ 1 day of May, 2012 ~' o ~ ~d~~ ~~ -!/X Q~ Notary ~° /~ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 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 t'~e~latriot-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 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 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. I?t1BLICATION COPY This ad ran on the date(s) shown below: 04!27112 05/04/12 - ~ 05/11/12 /~ ., ~ G~ r Sworn to a~r8 s bscribe efor me this 22 d of May, 2012 A.D. _ __ ~' r `~ ~ ~ ~~ ~. Notary Public _ COMMONWEALTH OF pENNSYLYANIA I~ Notarldl Seal Sherrie L. Owens: Notary Pub~~~ Lower Paxton 7wp., Gauphln County My Commission Fxplres Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES ~p#4t4t~Ml1a ' ~kd N~ ~ Mp~r~p 1Ml~l~ ~- i _1!~- -~ INM+~IR-M~MMt Aid !~ ~-~s. ~~ HY virtue of a Wig a[ woe rn.~. lay BAi3R~ANA.,,4S ; H LOANS S~~ LPG vs. JOSE 111EVE5 PPAGY NI>~Y13S, IIIDI~DLW+I•LYAI3ll 1N.F~A GAPS AS ~~ ~+'T~ F~`!`AT8 G}F F. WG.~Y ~, ~5' .~ 2tlAb,i~i~W'17IUE,I~ ,. ..`1'1241.4526 ~ __ 1'arcxlNo.31-1L0301.OiG (Acaea~ or straeE address) .~ _: ~L J[JDCr~EN'f AIVEDLii+i'it~AH' dPt Sc~Cg,,I~ - +'Y~F," 617 ~'~~ pa, PA 14103 zap ~xo~;' BANK OF AMERICA,'N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff v. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.:10-744-CIVIL-TERM CUMBERLAND COUNTY PHS # 220696 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2258 PINE ROAD, NEWVILLE, PA 17241-9526. l , Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JOSE NIEVES 16722 WRANGLETOWN ROAD SHIItLEYSBURG, PA 17260 PEGGY NIEVES, INDIVIDUALLY AND IN 16722 WRANGLETOWN ROAD HER CAPACITY AS EXECUTRIX AND SHIRLEYSBURG, PA 17260 DEVISEE OF THE ESTATE OF HAROLD F. WILEY 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 cre ditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) GIANT FOODS, EMPLOYER GARNISHEE 1621 INDUSTRIAL DRIVE CARLISLE, PA 17013 JAMES NEFF 519 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 JAMES NEFF 44 S. HANOVER STREET C/O SHERI D. COOVER, ESQUIItE CARLISLE, PA 17013 JAMES NEFF SCARINGI & SCARINGI PC C/O SHERI D. COOVER, ESQUIRE 2000 LINGLESTOWN RD STE 106 HARRISBURG, PA 17110 STEEN FUNERAL HOME 1200 BATH AVENUE C/O DANIEL KING, III, ESQUIRE P.O. BOX 303 CATLETTSBURG, KY 41129 STEEN FUNERAL'HOME~ C/O NATHAN C. WOLF, ESQUIRE HI-TECH HI-ART LLC' HI-TECH HI-ART LLC CIO JONATHAN W. CRISP, ESQUIRE HI-TECH HI-ART LLC C/O JONATHAN W. CRISP, ESQUIRE HI-TECH HI-ART LLC C/O JONATHAN W. CRIST, ESQUIRE 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. Name and address of every other person who has any record interest i.n 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) TENANTlOCCUPANT COMMONWEALTH OF PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION 10 WEST HIGH STREET CARLISLE, PA 17013 32 8TH STREET NEW CUMBERLAND, PA 171.10 3601 VARTAN WAY HARRISBURG, NY 14110 CRISP AND ASSOCIATES LLC 3540 N PROGRESS AVE HARRISBURG, PA 17110 226 W CHOCOLATE AVE HERSHEY, PA 17033-1566 2258 PINE ROAD NEWVILLE, PA 17241-9526 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTI' CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 authoriries. Date: 2 29~z By: Ph n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.:10-744-CIVIL-TERM vs. JOSE NIEVES CUMBERLAND COUNTY PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITYAS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 * *THIS FIltM 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 2258 PINE ROAD, NEVWILLE, PA 17241-9526 is scheduled to be sold at the Sheriff s Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $163,056.08 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs 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 attorneyy.) 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 ca11215-563-7000. 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 proceeding:; 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 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND KNOWN AS LOT NUMBER 1, SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V. NEIDLINGER, REGISTERED SURVEYOR, DATED AUGUST 2, 1976, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY OF LR21008 (PINE ROAD) BEING THE NORTHEAST CORNER OF LOT NO. 1; THENCE ALONG THE LAND OF MRS. R. STANLEY WITHER, NOW OR FORMERLY; SOUTH NINE (09) DEGREES FORTY (40) MINUTES WEST FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE-HUNDREDTHS (421.56) FEET TO AN IRON PIN; THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN NORTH EIGHTY-SEVEN (87) DEGREES TWENTY-THREE (23) MINUTES THIRTY-TWO (32) SECONDS WEST ONE HUNDRED THIlZTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IlZON PIN; THENCE ALONG LOT N0.2 NORTH NINE (09) DEGREES TWELVE (12) MINUTES ONE (O1}SECOND EAST FOUR HUNDRED THIRTY-SIX AND SEVENTY-FIVE ONE- HUNDREDTHS (436.75) FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN RIGHT-OF- WAY OF LR 21008 SOUTH EIGHTY (80} DEGREES FORTY-SEVEN (47) MINUTES FIFTY-NINE (S9) SECONDS EAST UNE HUNDRED THIRTY-FIVE (135) FEET TO THE PLACE OF BEGINNING. CONTAINING 1.313 ACRES AND BEING LOT NO. 1, ACCORDING TO A SUB-DMSION PLAN BY LARRY V. NEIDLINGER, P.E., DATED AUGUST 12, 1.976 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 29 AT PAGE 108. TITLE TO SAID PREMISES VESTED IN Harold Wiley, single man and Jose Nieves and Peggy Nieves, husband and wife, Sole owner, given by Harold Wiley, ;single man, dated 02/1612008, and recorded 2/25/2008 Instrument # 200805338. Mortgagor Harold Wiley died on 11!04!2008, leaving a Will dated 12/20/2007. Letters Testamentary were granted to Peggy Nieves on 11/14/2008 in Cumberland County, No. 21-08--1129. Decedent's surviving heir(s) at law and next-of--kin is Peggy Nieves. PREMISES BEING: 2258 PINE ROAD, NEWVII.,LE, PA 17241-9526 PARCEL N0.31-11-0302-016 SHORT DESCRIPTION By virtue of a Writ oi' Execution NO. 10-744-CIVIL-TERM BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP vs. JOSE NIEVES PEGGY NIEVES, INDIVIDUALLY AND IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF HAROLD F. WILEY owner(s) of property situate in Penn Township, Cumberland County, Pennsylvania, being (Municipality) 2258 PINE ROAD, NEWVILLE. PA 17241-9526 Parcel No. 31-11-0302-016 (Acreage or street address) Improvements thereon,; RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,056.08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 t � PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER COURT OF COMMON PLEAS BANK OF AMERICA,N.A.SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, CIVIL DIVISION LP Plaintiff No.: 10-744-CIVIL-TERM CUMBERLAND COUNTY V. W JOSE NIEVES Vii '_ PEGGY NIEVES co Defendant(s) �— -• Ca PRAECIPE TO ENTER THE JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter the Judgment per the Court Order dated May 10,2012 in favor of the Plaintiff and against JOSE NIEVES and PEGGY NIEVES,defendant(s). As Set Forth in the Order $183,553.99 P allinan,LLP ohn Michael Kolesnik, Esq., Id.No.308877 Attorney for Plaintiff a 2 01U IN THE COURT OF COMMON PLEAS r1 f CU:MBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCFSSOR BY Court of'Colunioll Pleas MERGER TO 13AC HOME I..,OANS SERVICING, LP Civil Division Plaintiff CU1k113FM,AND Cofultv -,, vs. CO :7c- No.: 10-744-('lVII#,e1wr< JOSE NIEVES PEGGY NIEVES Defendants ORD R -Qy AND NOW, this day oi 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDE --D and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $131,766.46 Interest Through June 6, 2012 $32,253.07 Per Diem $27.00 I..,ate Charges $480.15 Legal fees $1,925.00 Cost of Suit and Title $1,798.30 Sheriffs Sale Costs $720.97 Property Inspections $525.00 Property Preservation $98.00 Non Sufficient Funds Charge $20.00 Escrow Deficit $16,952.19 Suspense/Misc. Credits ($2,985.15) TOTAL $183,553.99 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH "COU COURT: Thoma A. P—Ia cey Common Pleas Judge 220696 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO BAC HOME COURT OF COMMON PLEAS LOANS SERVICING,LP Plaintiff CIVIL DIVISION V. NO.: 10-744-CIVIL-TERM JOSE NIEVES PEGGY NIEVES CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $183,553.99 Interest from 06/07/2012 to Date of Sale $21,963.76 ($30.17 per diem) TOTAL $205,517.75 )Ph an Hallinan,LLP n Michael Kolesnik,Esq., Id.No.308877 rney for Plaintiff , Note: Please attach description of'property. PH#714539i- -C y co ] Z5 r CS) Lou , 70 CQF so « « sot . L1 qa . C)C) �k `l �� J �� 74< �S. ILA, 00 v o 14. (p0 �t � � Sol U9s LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND KNOWN AS LOT NUMBER 1, SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V. NEIDLINGER,REGISTERED SURVEYOR, DATED AUGUST 2, 1976, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY OF LR21008 (PINE ROAD) BEING THE NORTHEAST CORNER OF LOT NO. 1;THENCE ALONG THE LAND OF MRS. R. STANLEY WITMER, NOW OR FORMERLY; SOUTH NINE(09) DEGREES FORTY(40)MINUTES WEST FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE-HUNDREDTHS (421.56) FEET TO AN IRON PIN;THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E. KILLIAN NORTH EIGHTY-SEVEN(87)DEGREES TWENTY-THREE_(23)MINUTES THRTY-TWO(32) .SECONDS WEST ONE HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS(132.44) FEET TO AN IRON PIN;THENCE ALONG LOT NO.2 NORTH NINE(09)DEGREES TWELVE(12) MINUTES ONE(01) SECOND EAST FOUR HUNDRED THIRTY-SIX AND SEVENTY-FIVE ONE- HUNDREDTHS (436.75)FEET TO AN IRON PIN;THENCE ALONG THE SOUTHERN RIGHT-OF- WAY OF LR 21008 SOUTH EIGHTY(80)DEGREES FORTY-SEVEN(47)MINUTES FIFTY-NINE (59)SECONDS EAST ONE HUNDRED THIRTY-FIVE(135)FEET TO THE PLACE OF BEGINNING. CONTAINING 1.313 ACRES AND BEING LOT NO. 1, ACCORDING TO A SUB-DIVISION PLAN BY LARRY V. NEIDLINGER, P.E.,DATED AUGUST 12, 1976 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 29 AT PAGE 108. TITLE TO SAID PREMISES VESTED IN Harold Wiley, single man and Jose Nieves and Peggy Nieves, husband and wife, Sole owner, given by Harold Wiley, single man, dated 02/16/2008, and recorded 2/25/2008 Instrument#200805338. Mortgagor Harold Wiley died on 11/04/2008, leaving a Will dated 12/20/2007. Letters Testamentary were granted to Peggy Nieves on 11/14/2008 in Cumberland County. No. 21-08—t129. Decedent's surviving heir(s) at law and next-of-kin is Pe,-,,gy Nieves. PREMISES BEING: 2258 PINE ROAD,NFWVILLE,PA 17241-9526 PARCEL NO. 31-11-0302-016 Attorneys for Plaintiff PHELAN HALLINAN, LLP r't `• r John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 20,14 FEB d Of 10; k One Penn Center Plaza Philadelphia, PA 19103 •1 AND C G U T Y John.Kolesnik @phelanhallinan.com M04o"YLVANIA 215-563-7000 BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP Plaintiff CIVIL DIVISION V. NO.: 10-744-CIVIL-TERM JOSE NIEVES PEGGY NIEVES CUMBERLAND COUNTY Defendant(s) CERTIFICATION 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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan,LLP .Ofin Michael Kolesnik,Esq.,Id. No.308877 Attorney for Plaintiff BANK OF AMERICA, N.A. SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING,LP Plaintiff CIVIL DIVISION V. NO.: 10-744-CIVIL-TERM JOSE NIEVES PEGGY NIEVES CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA,N.A.SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 2258 PINE ROAD,NEWVILLE,PA 17241-9526. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JOSE NIEVES 110 WEST BUTLER STREET, MOUNT HOLLY SPRINGS,PA 17065 a` PEGGY NIEVES 110 WEST BUTLER STREET, MOUNT HOLLY SPRINGS,PA 17065 -C Co HAROLD F.WILEY A/K/A HAROLD WILEY 2258 PINE ROAD,NEWVILLE,PA 17241-952F G Ei 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JOSE NIEVES 110 WEST BUTLER STREET, MOUNT HOLLY SPRINGS,PA 17065 PEGGY NIEVES 110 WEST BUTLER STREET, MOUNT HOLLY SPRINGS,PA 17065 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) GIANT FOODS,EMPLOYER GARNISHEE 1621 INDUSTRIAL DRIVE CARLISLE,PA 17013 JAMES NEFF 519 CHESTNUT STREET MOUNT HOLLY SPRINGS,PA 17065 PH #714539 JAMES NEFF C/O SHERI D. COOVER, 44 S.HANOVER STREET ESQUIRE CARLISLE,PA 17013 JAMES NEFF C/O SHERI D.COOVER, SCARINGI&SCARINGI PC ESQUIRE 2000 LINGLESTOWN RD STE 106 HARRISBURG,PA 17110 STEEN FUNERAL HOME 1501 Central Avenue Ashland,KY 41101 STEEN FUNERAL HOME C/O DANIEL 1200 BATH AVENUE KING,III,ESQUIRE P.O.BOX 303 CATLETTSBURG,KY 41129 STEEN FUNERAL HOME C/O NATHAN C. 10 WEST HIGH STREET WOLF,ESQUIRE CARLISLE,PA 17013 HI-TECH HI-ART LLC 32 8TH STREET NEW CUMBERLAND,PA 17110 HI-TECH HI-ART LLC C/O JONATHAN W. 3601 VARTAN WAY CRISP,ESQUIRE HARRISBURG,NY 14110 HI-TECH HI-ART LLC C/O JONATHAN W. CRISP AND ASSOCIATES LLC CRISP,ESQUIRE 3540 N PROGRESS AVE HARRISBURG,PA 17110 HI-TECH HI-ART LLC C/O JONATHAN W. 226 W CHOCOLATE AVE CRIST,ESQUIRE HERSHEY,PA 17033-1566 DAVID AND ROBIN WILEY 2258 PINE ROAD NEWVILLE,PA 17241 DAVID AND ROBIN WILEY C/O JAMES M. 129 S PITT ST ROBINSON,ESQUIRE CARLISLE,PA 17013 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. 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 2258 PINE ROAD NEWVILLE,PA 17241-9526 PH #714539 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.DEPT 280601 BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128 INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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 author es. Date: By: Ph e Hallinan,LLP Jo Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#714539 c BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO COURT OF COMMON PLEAS BAC HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 10-744-CIVIL-TERM VS. JOSE NIEVES CUMBERLAND COUNTY PEGGY NIEVES Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Y> JOSE NIEVES ci PEGGY NIEVES C-' 110 W BUTLER ST MOUNT HOLLY SPRINGS, PA 17065-1207 *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 2258 PINE ROAD,NEWVILLE,PA 17241-9526 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$183,553.99 obtained by BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. r s 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 1 ' SHORT DESCRIPTION By virtue of a Writ of Execution No. 10-744-CIVIL-TERM BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP V. JOSE NIEVES PEGGY NIEVES owner(s) of property situate in the PENN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 2258 PINE ROAD, NEWVILLE,PA 17241-9526 Parcel No. 31-11-0302-016 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $183,553.99 Attorneys for Plaintiff Phelan Hallinan, LLP ' M LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND KNOWN AS LOT NUMBER 1, SITUATE IN PENN TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANIA,BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY MADE BY LARRY V.NEIDLINGER,REGISTERED SURVEYOR, DATED AUGUST 2, 1976,AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY OF LR21008 (PINE ROAD) BEING THE NORTHEAST CORNER OF LOT NO. 1;THENCE ALONG THE LAND OF MRS.R. STANLEY WITMER, NOW OR FORMERLY;SOUTH NINE(09)DEGREES FORTY(40)MINUTES WEST FOUR HUNDRED TWENTY-ONE AND FIFTY-SIX ONE-HUNDREDTHS (421.56)FEET TO AN IRON PIN;THENCE ALONG THE PROPERTY NOW OR FORMERLY OF MARK E.KILLIAN NORTH EIGHTY-SEVEN(87)DEGREES TWENTY-THREE(23)MINUTES THIRTY-TWO(32) SECONDS WEST ONE HUNDRED THIRTY-TWO AND FORTY-FOUR ONE-HUNDREDTHS (132.44) FEET TO AN IRON PIN;THENCE ALONG LOT NO.2 NORTH NINE(09)DEGREES TWELVE(12) MINUTES ONE(O1) SECOND EAST FOUR HUNDRED THIRTY-SIX AND SEVENTY-FIVE ONE- HUNDREDTHS (436.75)FEET TO AN IRON PIN;THENCE ALONG THE SOUTHERN RIGHT-OF- WAY OF LR 21008 SOUTH EIGHTY(80)DEGREES FORTY-SEVEN(47)MINUTES FIFTY-NINE (59)SECONDS EAST ONE HUNDRED THIRTY-FIVE(135)FEET TO THE PLACE OF BEGINNING. CONTAINING 1.313 ACRES AND BEING LOT NO. 1, ACCORDING TO A SUB-DIVISION PLAN BY LARRY V. NEIDLINGER, P.E., DATED AUGUST 12, 1976 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 29 AT PAGE 108. TITLE TO SAID PREMISES VESTED IN Harold Wiley, single man and Jose Nieves and Peggy Nieves, husband and wife, Sole owner, given by Harold Wiley, single man, dated 02/16/2008, and recorded 2/25/2008 Instrument#200805338. Mortgagor Harold Wiley died on 11/04/2008, leaving a Will dated 12/20/2007. Letters Testamentary were granted to Peggy Nieves on 11/14/2008 in Cumberland County, No. 21-08-1129. Decedent's surviving heir(s) at law and next-of-kin is Peggy Nieves. PREMISES BEING: 2258 PINE ROAD,NEWVILLE,PA 17241-9526 PARCEL NO.31-11-0302-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-744 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING,LP Plaintiff(s) From JOSE NIEVES,PEGGY NIEVES (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: $183,553.99 L.L.: Interest FROM 6/7/2012 TO DATE OF SALE($30.17 PER DIEM)-$21,963.76 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,401.3-1 Other Costs: Plaintiff Paid: Date: 2/18/14 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308877 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 KIM ZIELINSKI Legal Assistant, 1328 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ';LEO -O F ICE THE PROTHONOTARY 2O14IMAY 19 A}110: 08 CUMBERLAND COUNTY PENNSYLVANIA Representing Lenders in Pennsylvania No.: 10 -744 -CIVIL - TERM Re: BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP VS. JOSE NIEVES, and PEGGY NIEVES No.: 10 -744 -CIVIL -TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.2 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/04/2014 Sheriff Sale.** IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. By: cc: Sheriff of CUMBERLAND County PH # 714539 Very truly yours, Phelan Hallinan, LLP KIM ZIELINSKI, Legal Assistant PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY : CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP : COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. No.: 10 -744 -CIVIL -TERM JOSE NIEVES PEGGY NIEVES Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(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 hereto Exhibit "A". Date: 776//e7c Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 714539 Article Number AMA• A•• 4 8 9 ID 1.1 12 13 14 15 w Kr.#Liyq,r. AAN *A*A •04• Form 3877 Facsimile Phelan Hallinan, LLP 1617 JFK Boulevnnt Suit c f4 One Penn Center Plaza Philadelphia, PA 19103 Nene of Addressee, St rcct a = Past Oftice A TENANT/OCCUPANT 2238 PINE ROAD NEWVILLE, PA 17241-9526 AZIf. -06/04/2014 SALE COMMONWEALTH OF P SYLVANIA, BUREAU OF INDIVIDUAL TAX. INHERITANCE TAX DIVISION 6TH FLOOR, STRAW BE SQ. DEPT 280601 HARRISBURG, PA 17128 DAVID AND ROBIN WILE 2238 PINE ROAD NEWVILLE, PA 17241 DAVID AND ROBIN WIL 129SPITT ST CARLISLE, PA 17013 DEPARTMENT OF PUBLIC ELPAR4 TPI, CASUALUNIT. ESTATE RECOVERY PROGRAM P.O. BOX 8486 TY WILLOW OAK BUILDING HARRISBURG, PA 17105 GIANT FOODS, EMPLOYE .GARNISHEE 1621 INDUSTRIAL DRIVE CARLISLE, PA 17013 HI -TECH HI -ART LLC 32 8TH STREET NEW CUMBERLAND, PA HI -TECH HM -ART LLC CIO 3601 VARTAN WAY HARRISBURG, NY 14110 HI -TECH HI -ART LLC C/O J ONATHAN W, CRISP, ESQUIRE CRISP AND ASSOCIATES L 3540 N PROGRESS AVE HARRISBURG, PA 17110 NI -TECH HI -ART LLC CJO J(7NATHAN�t, CRISr, ESQUIRE 226 W CHOCOLATE AVE HERSHEY, PA 17033-1566 LS M..ROBINSON,ESQUIRE A W. CRISP, ESQUIRE JAMES NEFF 319 CHESTNUT STREET MOUNT HOLLY SPRINGS, P 17065 JAMES NEFF CJO SHERI D. MOVERt EeQU1RE 44S. HANOVER STREET CARLISLE, PA 27013 JAMES NEFF CO SHERI D. COOVER. ESQUIRE SCARING! & SCARING, PC 2000 LINGLESTOWN RD SSE 06 HARRISBURG, PA 17110 STEEN FUNERAL HOME 1301 CENTRAL AVENUE ASHLAND, KY 41101 Postap 50.45 50.45 50.45 50.45 50.45 4 $0.4S STEEN FUNERAL HOME C/0 jANIEL IC,NG, HI, ESQUIRE 1200 BATH. AVENUE P.O. BOX 303 CATLETTSBURG.KY 41129 RE: .JOSE NIEVES (CUMBERLAND' lj11714539/1021 lie a bi`Z'WilReani rwAmnr.wrwau R.,twtAM Odor 1r 50.45 .4 50.45 50.45 50.45 50.45 50.45 50.45 w ✓w)wr..+rr,A >4 timer. 11v w*+++rrrMfa+e+!' N.Ae.goarnoawa,.r p.w:+N....v.. n.,.,.y....#w.i+u..w,j..w.w [ ..r...c.tsama Farm* 4••DowAa.rww va„ssr.wi.A.rt.« n . ww . �rtsnrk aaY {„Dr..)w 1GgMwAAMHId�,#t (s iiw4.l+,✓M;.y, t� ,ice*�+.eA.,er Name and Phelan Hallinan, LLP Address 111111617 JFK Boulevard, Su Of Sender One Penn Center Plaza Philadelphia, PA 19103 to 1400 AZK/GIL - 06/04/2014 SALE 0 , . op. to st 10 N Line Article Number Name of Addressee, Street, and Post Office Address Postagt ri 1 **** STEEN FUNERAL HOME C/O NATHAN C. WOLF, ESQUIRE 50.45 A p 10 WEST HIGH STREET ^ U fA.. ' CARLISLE, PA 17013 , t,,' 2 **** DOMESTIC RELATIONS OF $0.45 r t 2 CUMBERLAND COUNTY oi .-�-.- 0 13 NORTH HANOVER STREET ~ Noo CARLISLE, PA 17013 3 **** COMMONWEALTH OF PENNSYLVANIA $0.45 ' DEPARTMENT OF WELFARE ` ;,-�:- P.O. BOX 2675 •..'• HARRISBURG,PA 17 05 4 **** INTERNAL REVENU SERVICE ADVISORY 50.45 , •�'� 1000 LIBERTY AVEN E ROOM 704 PITTSBURGH, PA 15 22 ,PAI 5 **** U.S. DEPARTMENT F JUSTICE 50.45 U.S. ATTORNEY FO THE MIDDLE FEDERAL BUILDIN DISTRICT OF PA \ tit 228 WALNUT STEEE , SUITE PO BOX 11754 220. r � ;% _ HARRISBURG, PA.17 01I-1754 _ , _ _ .� _ _ •-- _ — --REi JOSE NIEVES (C MBER2.AND) PH # 714539/1021 Page 2 of 2`' - Writ -Turn.-- _ _ ` ` -'V 00 Y -.� Total Number of Total Number of Pieces Postmaster, Per (Name of The full declaration of value is required on all dbmestie and international registered mail. The maximum indemnity payable Pieces Listed by Sender Received at Post Office Recei+ing Employee) for the reconstruction of nonnegotiable docume Is under Express Mail document reconstntcuon insurance is S50,000 per piece subject to a limit of 5500,000 per occurreece. The maximum indemnity payable on Express Mail merchandise is S500, The maximum indemnity payable is $23,000 fo registered mail, sent with. optional insurance. Sec Domestic Mail Manual R900 S9I3 and S92I for limitations of coverage. Form 3877 Facsimile AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP PH # 714539 DEFENDANT SERVICE TEAM/ ]xh JOSE NIEVES COURT NO.: 10 -744 -CIVIL -TERM PEGGY NIEVES SERVE JOSE NIEVES AT: 500 NORTH COLLEGE STREET CARLISLE, PA 17013 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to JOSE NIEVES, Defendant on the (l'day of /I4,4_'% , 20 I4, at 7: 40, o'clock p. M., at 5o. AI. Cot.cSG` &T, Chit L4so/PA . in the manner described below: _ Defendant personally served. ti Adult family member with whom Defendants) reside(s). Relationship is 10 1C . _ 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: Description: Age e jO s Height Ci `I Weight 2 gO Race W Sex Other Ronald Moll I, . a competent adult, hereby verify that I personally handed 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: NAME: PRINTED NAME: Ronald Moll TITLE: Proccss Scrvcr NOT SERVED On the dayof 20_, at o'clock . M., I, , a competent adult hereby state that Defendnt 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 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE r PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP PH # 714539 DEFENDANT JOSE NIEVES PEGGY NIEVES SERVE PEGGY NIEVES AT: 500 NORTH COLLEGE STREET CARLISLE, PA 17013 SERVICE TEAM/ Ixh COURT NO.: 1.0 -744 -CIVIL -TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 C) +'...) _, C SERVED '� ' rtr- —c --, Served and made known to PEGGY NIEVES, Defendant on the II ( day of /l/1.4) . 20 If , at z ▪ ::-., 7:40, o'clock . M., at Selo N . et .t.£22 $T, Q12.US L4 IPI . in the manner described below: may. VDefendant personally served. I-- ' �;• _ Adult family member with whom Defendant(s) reside(s). C tom ' a -'" Relationship is _ o �, c: -4t' 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). --t t Lo Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: r Description: Age 5-65 Height S‘Q` Weight ago Race 1N Sex t" Other ROttal„ +VtoIt , a competent adult, hereby verify that I personally handed 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 t enalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Il NAME: �Gt, PRINTED NAME: Ronald Moll TITLE: process Server NOT SERVED On the dayof 20 , at o'clock . M., I, , a competent adult hereby state that Defendnt 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 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 I A tir,�-�,� 4 ft K6 fir, fu: U, Ci.MBCt\LAND CO PENNNSuf VAPdj,' PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff, v. JOSE NIEVES PEGGY NIEVES Defendant(s) : CIVIL DIVISION : No.: 10 -744 -CIVIL -TERM NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 08/06/2014 at 10:00 AM. Date: PH # 714539 c/7f Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP Plaintiff, v. JOSE NIEVES PEGGY NIEVES Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 10 -744 -CIVIL -TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: JOSE NIEVES 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 PEGGY NIEVES 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 PH # 714539 JOSE NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 PEGGY NIEVES 2258 PINE ROAD NEWVILLE, PA 17241-9526 PEGGY NIEVES 17622 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 Date: PH # 714539 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t�"'trtttbrt a ,IF THE PROTKONO li;it i +AFF:€CE.OF'NE Oi1i RiFF Z1 t NOV 13 Hi 2' -1 CUPENNS NLVAN A COUNTYD BAC Home Loans Servicing, LP vs. Jose M. Nieves (et al.) Case Number 2010-744 SHERIFF'S RETURN OF SERVICE 03/24/2014 11:58 AM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 2258 Pine Road, Penn Township, Newville, PA 17241, Cumberland County. 05/21/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 08/06/2014 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, 1 Courthouse Square, Carlisle, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Bank of America, N.A., Successor By Merger to BAC Home Loans Servicing, LP being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $876.99 SO ANSWERS, October 20, 2014 RONNS' R ANDERSON, SHERIFF 3/33§-4 c) (ountySu.a?ierioft, lnc. On February 20, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA, Known and numbered as 2258 Pine Road, Newville, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: February 20, 2014 By: Real Estate Coordinator DUN 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2010-744 Civil Term BAC Home Loans Servicing, LP vs. Jose M. Nieves Peggy W. Nieves Atty.: Joseph Schalk By virtue of a Writ of Execution No. 10 -744 -CIVIL -TERM, BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP v. JOSE NIEVES, PEGGY NIEVES owner(s) of prop- erty situate in the PENN TOWNSHIP, CUMBERLAND County, Pennsyl- vania, being 2258 PINE ROAD, NEWVILLE, PA 17241-9526. Parcel No. 31-11-0302-016. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $183,553.99. 86 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 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. isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this day of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 i ' Co. technology Pkwy Suite--- �� Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 thepatriot Xews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, beinduly sworn according to law, deposes and says That she is the Assistant Controller of The Patriot News Co., a con 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 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. - — --�2011)-744 Civil Term BAC Home Loans LP . Vs Jose M. Nieves� Peggy W. Nieves Atty: Joseph Schalk By Virtu of a Wrof ExeUhonNo. 10-744'OnlL-TBRN BANK OF AMERICA, N.A. .SUCCESSOR BY MERGER T0 BAC HOME LOANS SERVICING, LP v. JOSE NIEVES PEGGY NIEVES owner(s) of property situate in t he PENN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 2258 PINE ROAD, NEWVILLE, PA 17241-9526 Parcel No. 31-11-0302-016 (Acreage or street address) Improvements , thvrevn: RESIDENTIAL DWELLING Judgment Amount: $183,553.99 This ad ran on the shown below: 04/13/14 04/20/14 04/27/14 subscribed before Ty Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of America is the grantee the same having been sold to said grantee on the 6th day of August A.D., 2014, under and by virtue of a writ Execution issued on the 18th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 744, at the suit of Bank of America N A against Jose & Peggy Nieves is duly recorded as Instrument Number 201426276. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 day of ,A.D. 070 4, k&I ecorder of Deeds Recorde of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018