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HomeMy WebLinkAbout10-1148Phelan 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 s- Shine 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 226671 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff JEFFREY E. DEARDORFF 175 BIG ROCK DRIVE DOVER, PA 17315-2131 Defendant F' T?py 2010 FE3 13 A, 10: 5 s i ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. to - I148 elvi 1 (errs CUMBERLAND COUNTY 0 6gol.oo Pry alas'7o a307 1Aq wr `/ File #: 226671 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 #: 226671 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: JEFFREY E. DEARDORFF 175 BIG ROCK DRIVE DOVER, PA 17315-2131 who is/are the mortgagor(s) and/or real'owner(s) of the property hereinafter described. 3. On 06/03/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200819749. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2009 and each month thereafter are due and unpaid, and by the terms i of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 226671 6. The following amounts are due on the mortgage: Principal Balance $165,385.60 Interest $11,352.48 03/01/2009 through 02/16/2010 (Per Diem $32.16) Attorney's Fees $650.00 Cumulative Late Charges $498.51 06/03/2008 to 02/16/2010 Costs of Suit and Title Search 550.00 Subtotal $178,436.59 Escrow Credit $0.00 Deficit $1,575.59 Subtotal $1,575.59 TOTAL $180,012.18 7 8 Plaintiff is nat seeking a judgment of personal liability (or an in perm 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. 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 T ' 1.1 . + 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. File #: 226671 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $180,012.18, together with interest from 02/16/2010 at the rate of $32.16 per diem to the date of judgment, and other costs, fees, and c'harg&'c` 116Ai'ble under the mortgage and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP By: U a ence T. Phelan, fsq., Id. No. 32227 ? r cis 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 ? heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J Mulcahy, Esq., Id. No. 61791 ? A1?c L;,§pjvack, 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 td%keJt:,e' File #: 226671 i LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit; BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174; thence along Pa Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pa. 17013. BEING the same premises which Jay R. Gen ismore, correctly known as Jay R Gensimore, and Jill L. Genismore, correctly known as Jill L. Gensimore, husband and wife, by deed dated April 21, 2007 and recorded May 1, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 279, Page 3954, granted and conveyed Jay R. Gensimore and Jill L. Gensimore, husband and wife. AND BEING the same premises which became vested in Jeffrey E. Deardorff by deed of Jay R. Gensimore and Jill L. Gensimore, husband and wife, dated June 3, 2008 and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. Parcel #31-11-0296-002 PREMISES BEING: 2627 WALNUT BOTTOM ROAD File #: 226671 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 statemett is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to , DATE: t b it i S ii,i:iYlS C:t ?t. File #: 226671 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 Co rtenay R. Dunn, Esq., Id. No. 206779 vA~drew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ~~5_s~~_~nnn BAC ROME LOANS SERVICING, L.P. vs. JEFFREY E. DEARDORFF Attorney for Plaintiff c :, ~~ z z-~= ._~ ` ~ nt~ri ~ ;-~i ~ -_ ~, . ~ - .. ---::~ , 'T? , V = - ,~; .. ~, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1148-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEFFREY E. DEARDORFF, 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: ~ 1 ~. oO P p A 7r( CK,~- q38 09 I {~,# apt o ass p~~, I~o~.~d As set forth in Complaint $180,012.18 Interest - 02/17/2010 to 04/16/2010 $1,897.44 TOTAL $181,909.62 I hereby certify that (1) the Defendant's last known address is 175 BIG ROCK DRIVE, DOVER, PA 17315-2131, and mortgaged premises located at 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329, and (2) that notice has been given in accordance with Rule 237.1, copy attached. l Lawrence T. Phelan, 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 C urtenay R. Dunn, Esquire drew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _~~~_ `. PHS # 226671 ~ PROTHONOTA 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 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. JEFFREY E. DEARDORFF Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1148-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 JEFFREY E. DEARDORFF is over 18 years of age and last known address is 175 BIG ROCK DRIVE, DOVER, PA 17315-2131, and mortgaged premises located at 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329,. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 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 ^ urtenay 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. JEFFREY E. DEARDORFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1148-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on p By: 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 ^ 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 ^ urtenay R. Dunn, Esq., Id. No. 206779 drew 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 FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** BAC HOME LOANS SERVICING, L.P. v Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. 10-1148-CNIL, TERM JEFFREY E. DEARDORFF Defendant(s) TO: JEFFREY E. DEARDORFF 175 BIG ROCK DRNE DOVER, PA 17315-2131 DATE OF NOTICE: April 2, 2010 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 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 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 # 226671 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 BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 ~ ~ CARLISLE, PA 17013 (717) 249-3166 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 Sheet .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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 226671 BAC HOME LOANS SERVICING, L.P. v Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. 10-1148-CNIL TERM JEFFREY E. DEARDORFF Defendant(s) TO: JEFFREY E. DEARDORFF 2627 WALNUT BOTTOM ROAD CARLISLE, PA 1 70 1 5-93 29 DATE OF NOTICE: Apri12, 2010 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 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 # 226671 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 j CARLISLE, PA 17013 J (717) 249-3166 By: CJL/ Lawrence T. Phelan, Esq., Id. N 7 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele " .Bradford, Esq., Id. No. 69849 Judith .Romano, Esq., Id. No. 58745 Sh 1 R. Shah-Jani, Esq., Id. No. 81760 nine 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 # 226671 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BAC HOME LOANS SERVICING, L.P. Plaintiff COURT OF COMMON PLEAS v JEFFREY E. DEARDORFF Defendant(s) CIVIL DIVISION NO. 10-1148-CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/17/2010 to Date of Sale ($30.32 per diem] TOTAL N7.µo C8F qo1. oo ~~ I'~. oo a .So ~~ ~~~q.qo - Pa AYt-y ~ N r--- a , -__ o , , ' { : ---~ ~-;' _- $181,909.62 _ = , ~'' $4,396.40 ~ ~~ - ~~ .v. ' ~ ~... .. $186,306.02 . ` ~:- ~ ~ ~_ Attorney or P aintiff Phelan allin n & Schm' g, LLP ^ La rence Phelan sq., Id. No. 32227 ^ Francis S. Ha ,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 Note: Please attach description of property. PHS # 226671 ~ a.oo ~u~ Co ~~ ~ ~-~Q~} a58'1 ~~ ay 141x3 RE ~~~P -v ~ w ~ QOQW~ i a: ~ ~ a ¢ A '" c, W x M ~_ 'W'O¢ ~,; a 3 ~~w ° Cry -~ wv,p Ca w z o~ ~ Q o ~1y ~ '~j U M (V (V ~ [~ ~ [~ M M O~ ~ O ~-. O O N q ,~ ~O ~p p Oo p M N ~~ O~ N N O O a U W~ P. ,~° o o z o z ono rn c°~ ~~ o o° o o 'Z 5 `" z ~ z z ~~ Gar w ~ .tiTib~Z °zZZo`°oZv~ o",~,ti-o O E.., GY ~ O ° ~ .. •., ~ a. b .~ ~ ~ W ... N a. ,ti .ti ~, o v .. o- Fri ~, v a• W W Q OU ~ ~ .-. ~ ~ ~+. ~ ~ ~ a°4i ° c ~ W W W ~ W ~ ~ ~ ~ ~ a~i ~ ~ ° ~ U ~ > ~ as w ¢ a ^^^^^^^^^^^^^^L`J^^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ~'~ ;f ~ ~ ~`~, r' Philadelphia, PA 19103 215-563-7000 Lu ~~ ;`,= ` -~ ref-E 1~; ;;~ BAC HOME LOANS SERVICING, L.P. ~~~~:,_ ,ti,,~t. Plaintiff _ '' ~ `' `'' ' _. .~ .. I_t- ~.. v. JEFFREY E. DEARDORFF Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1148-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 (X) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. BY~ '~ ~ Attorney or P aintiff Phelan alli an & Sch peg, LLP ^ Lawrence . Phe ,Esq., Id. No. 32227 ^ Francis S. Ha man, 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 B~iC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION v. . NO. 10-1148-CIVIL TERM JEFFREY E. DEARDORFF . Defendant(s) CUMBERLAND COUNTY 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 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329. ~ C-. c~ ' k 1. Name and address of Owner(s) or reputed Owner(s): - - -_-+ Name Address (if address cannot be reasonably - . , ~ ,'~` ascertained, please so indicate) ~~ ~ m c, JEFFREY E. DEARDORFF 2 3 4 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 175 BIG ROCK DRIVE DOVER, PA 17315-2131 Address (if address cannot be reasonably ascertained, please so indicate) -- ,, . - ~, ',~ - ~- ; _ ' ~. _ C~3 , ,. '. ;. , .y ~' :i7 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. 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 Domestic Relations of Cumberland County 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015-9329 13 North Hanover Street Carlisle, PA 17013 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 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 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. Apri126, 2010 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 By: Attorney for lai tiff Phelan H ina & Schmie LP ^ Lawrence T. helan, E ., Id. No. 32227 ^ Francis S. Hal sq., 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 BAC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. JEFFREY E. DEARDORFF NO. 10-1148-CIVIL TERM CUMBERLAND COUNTY Defendant(s) ;; !: ~ - ~~ - ~- ... ~,~ .i _ ~... NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ ~ w TO: JEFFREY E. DEARDORFF 175 BIG ROCK DRIVE DOVER, PA 17315-2131 ~~ -_ .o -- ,. c-~ - ~ .. :;,s .~~ ::~= **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 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $181,909.62 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 his 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. 10-1148-CIVIL TERM BAC HOME LOANS SERVICING, L.P. vs. JEFFREY E. DEARDORFF owner(s) of property situate in PENN TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329 (Acreage or street address) Parcel No. 31-11-0296-002 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $181,909.62 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 with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Warrick and PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Warrick and Cheryl A. Warrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Warrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pa. 17013. UNDER AND SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Jeffrey E. Deardorff, an adult individual, by Deed from Jay R. Gensimore and Jill L. Gensimore, h/w, dated 06/03/2008, recorded 06/12/2008 in Instrument Number 200819748. PREMISES BEING: 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329 PARCEL NO. 31-11-0296-002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1148 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P., Plaintiff (s) From JEFFREY E. DEARDORFF (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 ]evied 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 $181,909.62 L.L.$.50 Interest from 4/17/10 to Date of Sale ($30.32 per diem) -- $4,396.40 Atty's Comm Atty Paid $179.90 Plaintiff Paid Date: 5/3/l 0 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs . Buell, Pro onotary By: Deputy Name: JOSHUA L GOLDMAN, 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. 205047 ~~ ~ JUL 14 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County JEFFREY E. DEARDORFF Defendant No. 10-1148-CIVIL TERM RULE AND NOW, this~_`'~~ day of ~_~2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. w r ~ ~ Z ( ~~ ~ S ~ Tlr ~ ~-~~C_ ~2J ~+~ ~ 5 !~3 ~~ Rule Returnable 2010 at Co BY THE COURT ` ~ ::~ c~ a ..~ ~~~ cy- ~.. // -f 7 ~ ~~ ; ,. -~, '; ~/ ~Gn.nG ~. ~U~lcr~ L 8- f ~ ~: t is :r • _1 G~ p ins n~.a,~ lc~ 7/i5~/~~ 2~GL 226671 . •• ~ ~~f f L' _ ' "~~" t. , ~utr 3 ,p m N : os ~~:~,l~~a ,,i~° ~, i ~ ~ ra~.•. r ~. 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. Plaintiff v. JEFFREY E. DEARDORFF Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 10-1148-CIVIL TERM CERTIFICATION OF SERVICE 226671 r r" I hereby certify that a true and correct copy of the Rule Returnable dated July 14, 2010 was sent to the following individual on the date indicated below. JEFFREY E. DEARDORFF JEFFREY E. DEARDORFF 175 BIG ROCK DRIVE 2627 WALNUT BOTTOM ROAD DOVER, PA 17315-2131 CARLISLE, PA 17015-9329 Phel Jan Hallinan & Schmieg, LLP DATE. Z O aY~ ^ 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 ATTORNEY FOR PLAINTIFF 226671 a AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P. PHS # 226671 DEFENDANT SERVICE TEAM/ lixc JEFFREY E. DEARDORFF COURT NO.: 10-1148-CIVIL TERM SERVE JEFFREY E. DEARDORFF AT: TYPE OF ACTION 175 BIG ROCK DRIVE XX Notice of Sheriff's Sale DOVER, PA 17315-2131 SALE DATE: 09/08/2010 By: Served and made own to JeE~les E.1~ertre~,r~ Defendant on the 1 y' day of ~+•~ 20(v , at 3:/ , o'clock~M., at ~i3e/~ a.7 ~~ 5 , in the manner des ribed below: ~fendant personally served. ~~•.. _~ - Adult famil member with whom Defendants resides . `' ° '' Relationship is ~ ~ ~' i -r, _ 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). 6' rJ~, _ _ Agent or person in charge of Defendant's office or usual place of business. '6 --~ an officer of said Defendant's company. - ~ -• Other: _. ~ t..,, ~D/escription: Age Svc Height? `t~~T Weight~'°~ Race 4-' Sex ~OtherW ~z ~~ K4^s~~ s ~s7~a.` , a competent adult, being duly sworn according to law, depose and state 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. Sworn to and subsc 'bed before me this ~~ day NOTARIAL SEAL DENNIS C HUGER of _, 201 Notary Public No ~•1!~ ALLENTOWN CITY, LEHIGH COUNTY ~'~ ~ • •BY~ _ ... My Commission ExpUes May. 6, 2013: • NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant Bad Address No Answer _ Service Refused Other: Swom to and subscribed before me this day of ~- Notary: SERVED _ Moved _ Dces Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Law`enm T. Phelaw, Esq., Id No. 32227 Fraocb S. HaBinr, Esq., Id. Na 62695 DaniN G. Sdndeg, Esq., b. No. 62205 Mfchde M. Bradford, Esq., Id. No. 691849 Judith T. Romano, Esq., Id. No. 58743 Sheelal R SAah-Joni, F,q~., Id No. 81760 Janine R Davey, Esq., Id. No. 87077 l~nren R Tahas, Esq., Id. No.93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No.61791 AMrew 1,. Spivack, Esq., Id. No. 84439 Jaime McGuimN:ss, Esq., b. No. 90130 Chrisovahude P. Fllaltas, Esq., Fd. No. 94620 Jeshua 1. Goldman, Esq., Id. No. 205047 Courlenay R Dunn, Esq., id. No.206779 Andmv G Brambkty Id. No. 208375 1617 jml n Kier anedY BSuile~1400 Philadelphia, PA 19103.1814 (215)563.7000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1 Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor BAC Home Loans Servicing, L.P. vs. Jeffrey E. Deardorff ?o?yitp +Yt 4nmbrrf?rt? SII OFFI 6 "F f.E S RlrF T)?FL? ? QFFI?E TARY 2C' 10 T 1 t-)1`E3ERLkk4'0 ?nA "}' !,1 A Case Number 2010-1148 SHERIFF'S RETURN OF SERVICE 05/12/2010 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: Jeffrey E. Deardorff, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 06/23/2010 Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1055 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 Jeffrey E. Deardorff, located at, 2627 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania according to law. 07/27/2010 York County Return and now the, 2nd day of July 2010, served the within Real Estate Writ, Notice of Sale and Description upon Jeffrey E. Deardorff, the defendant, by making known unto April Deardorff, Adult Daughter, at 175 Big Rock Drive, Dover, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Jacob Nelson, Deputy Sheriff of York County, Pennsylvania. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Fannie Mae, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 753.72 SHERIFF COST: $75372 October 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF yg .DID Pd • 04. a.a0 P,?`0- co UPic. (c) COUMYSUI(e Sheriff ielecsOtt, inc. BAC HOME LOANS S RVICING, L.P. `Plvawiff - " COURT OF COMMON PLEAS CIVIL DIVISION V. JEFFREY E. DEARDORFF Defendant(s) NO. 10-1148-CIVIL TERM CUMBERLAND COUNTY 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 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JEFFREY E. DEARDORFF Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 175 BIG ROCK DRIVE DOVER, PA 17315-2131 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. 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 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 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015-9329 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 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 unworn falsification to authorities. ALI 26, 2010 By: Attorney for lai tiff Phelan H inan & ScOsq, LP ? Lawrence T. helan. No. 32227 ? Francis S. Hal 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick aid PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pa. 17013. UNDER AND SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Jeffrey E. Deardorff, an adult individual, by Deed from Jay R. Gensimore and Jill L. Gensimore, h/w, dated 06/03/2008, recorded 06/12/2008 in Instrument Number 200819748. PREMISES BEING: 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329 PARCEL NO. 31-11-0296-002 3 BAC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 10-1148-CIVIL TERM JEFFREY E. DEARDORFF : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY E. DEARDORFF 175 BIG ROCK DRIVE DOVER, PA 17315-2131 "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 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329 is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $181,909.62 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 x12301 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.) 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. 10-1148-CIVIL TERM BAC HOME LOANS SERVICING, L.P. VS. JEFFREY E. DEARDORFF owner(s) of property situate in PENN TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329 (Acreage or street address) Parcel No. 31-11-0296-002 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $181,909.62 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 with the building thereon situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at spike at the corner of land formerly of Skelly, now or formerly of Phyllis J. Barrick and PA Route 174; thence along PA Route 174, South 69 degrees 50 minutes West, 200.00 feet to a spike; thence by lands formerly of Skelly, now or formerly of Victor G. Barrick and Cheryl A. Barrick, North 11 degrees 50 minutes West, 200.00 feet to an iron pin; thence by the same, North 69 degrees 50 minutes East, 200.00 feet to an iron pin; thence by land formerly of Skelly, now or formerly of Phyllis J. Barrick, South 11 degrees 50 minutes East, 200.00 feet to the Place of BEGINNING. CONTAINING 0.908 acres and being known as and numbered 2627 Walnut Bottom Road, Carlisle, Pa. 17013. UNDER AND SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Jeffrey E. Deardorff, an adult individual, by Deed from Jay R. Gensimore and Jill L. Gensimore, h/w, dated 06/03/2008, recorded 06/12/2008 in Instrument Number 200819748. PREMISES BEING: 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329 PARCEL NO. 31-11-0296-002 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1148 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, L.P., Plaintiff (s) From JEFFREY E. DEARDORFF (l) 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 $181,909.62 L.L.$.50 Interest from 4/17/10 to Date of Sale ($30.32 per diem) -- $4,396.40 Atty's Comm % Due Prothy $2.00 Atty Paid $179.90 Other Costs Plaintiff Paid Date: 5/3/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, 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. 205047 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA, Known and numbered as, 2627 Walnut Bottom Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ua,t? T444? Real Estate -Coord nator 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. 9010-1146 Qwtl 0- LLla Marie Coyne, itor BAC Home Loans Servicing, L.P. F/K/A Countrywide SWORN TO AND SUBSCRIBED before me this Home Loans Servicing, L.P. 30 da of Jul 2010 VS. , Jeffrey E. Deardorff Atty.: Daniel Schmieg By virtue of a Writ of Execution Notary NO. 10-1148-CIVIL TERM, BAC HOME LOANS SERVICING, L.P. vs. JEFFREY E. DEARDORFF, owner of property situate in PENN TOWNSHIP, Cumberland County, Pennsylva- OTARIAL SEAL nia, being 2627 WALNUT BOTTOM DEBORAH A COLLINS ROAD, CARLISLE, PA 17015-9329. Notary Public F Parcel No. 31-11-0296-002. Improvements thereon: RESIDEN- UGH, CUMBERLAND COUNTY CARLISLE T1AL DWELLING. loll Expires Apr 28, 2014 JUDGMENT AMOUNT: $181,909- .62. A i2 AIRAi - i ;,HI.J.jL) A H008,16 oliduq ?16100 YTYI I03 (jllA.JR38MU' .Hc 2 , R ?, 3.i? 1Nt 4M V. IIA im*3 ,. The Patriot-News Co. 2020 Technology Pkwy Suite' 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*0t1WXfW5 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 31-7. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2010-1148 Civil Term 07/09/10 BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans 07/16/10 Servicing, L.P. r Hs 07/23/10 Jeffrey E. Deardorff Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1148- X, CIVIL ? BAC HOME LOANS SERVICING, L.P. ,S Sworn to a4subscribed before me this 05 day of August, 2010 A.D. JEFFREY E. DEARDORFF owner(s) of property situate in PENN' f (? ?TOWNSHIP, Cumberland County, (Municipality) Notary Public Pennsylvania, being 2627 WALNUT BOTTOM ROAD, CARLISLE, PA 17015-9329 (Acreage or street address) Parcel No. 31-11-0296-002 Improvements thereon: RESIDENTIAL COMMONWEALTH OF PENNSYLVANIA DWELLING i Notarial Seal JUDGMENT AMOUNT: $181,909.62 i Sherrie L. Kisner, Notary Public E Lower Paxton Twp., Dauphin County 3 My Commission Expires Nov. 26, 2011 Me"nber P, nngy11,,Mnii A1,5L1C11Jti0rl of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 3rd day of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 1148, at the suit of BAC Home Loans Ser L P against Jeffrey E Deardorff is duly recorded as Instrument Number 201029297. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of ?9-? , A.D. -20-110 of Deeds Repro ft d Dee e, 00bo nd Carr, COW PA * Eepw#*F *MonftdJwL2M4 ,. F<JL~1~-OFF1C~ ~~ ~'HE F'F~07N(~F~Q~4~~, 20~DaCi'25 A~lI~ 0~ ~Ut~BERLAl~[~ F;I,~~I~~' Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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. Court of Common Pleas Plaintiff . Civil Division v. CUMBERLAND County JEFFREY E. DEARDORFF No. 10-1148-CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: 226671 Plaintiff hereby withdraws its Motion to Reassess Damages, filed on July 13, 2010 in the above referenced action. DATE: O a~ ,~ By: Phelan Hallinan & Schmieg, LLP LJ L `"ence"i".Phelan,~sq., d. No. 32227 ^ F cis S. Hallinan, Esq., d. No. 62695 ^ D 'el G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 226671 ~r T~ E PR~~H ~~ ~ ~ A~. ZUIQOCT 25 ~M i!. t?~ ~~~'~~RLAP~D ~~r~~~ E 5~. 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. Plaintiff v. JEFFREY E. DEARDORFF Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 10-1148-CIVIL TERM CERTIFICATE OF SERVICE 226671 ,1. ~~.~ ~ I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. JEFFREY E. DEARDORFF 175 BIG ROCK DRIVE DOVER, PA 17315-2131 DATE: 3-~- JEFFREY E. DEARDORFF 2627 WALNUT BOTTOM ROAD CARLISLE, PA 17015-9329 Phelan Hallinan & By: LLP Esq., ~d. No. 32227 LJ Fr~npc~s S. Hallinan, Esq., Id. No. 62695 ^ D `~ G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 [~~iSheetal R. Shah-Jaru, 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 226671 Apq JOHN G. PHARO Plaintiff DASH, LLC Defendant In the Court of Common Pleas of the 9th Judicial District, Penna. Cumberland County Civil Action - Law No. 2010 - 1485 Mortgage Foreclosure Judge Kevin A. Hess, P. J. ORDER AND NOW, this - /O y day of March, 2011, upon review of the Stipulation and Agreement attached hereto the same is hereby approved. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the trial scheduled for Friday, March 18, 2011, at 2:30 p.m. is hereby cancelled. ? . lave law , Jr , &WL 7-im4bg W. Misner o?g BY THE COURT,