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Home My WebLink About10-1471UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111.WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. ':COURT OF COMMON P.O. Box 660694 :.CIVIL DIVISION 4 PLEAS ns C= m 3 ?v I w Dallas, TX 75266-0694 Plaintiff :Cumberland County V. Steven C. Miller 14 Cold Springs Road NO. iQ Carlisle, PA 17013 Defendant(s) `ONPLkINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOJJ 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. e?i??z7y LAWYERS REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 t AVISO Le han-demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 t NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. t UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this action. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 14 Cold Springs Road MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Dickinson COUNTY: Cumberland DATE EXECUTED: 03/25/05 DATE RECORDED: 0'3/29/05 BOOK: 1901 PAGE: 25,05 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 02/14/10: Principal of debt due $174,265.93 Unpaid Interest at 5.87%* from 08/01/09 to 02/14/10 (the per diem interest accruing on this debt is $28.43 and that sum should be added each day after 02/14/10) 1,097.31 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $375.43 and that sum should be added on the first of each month after 02/14/10) 375.43 Late Charges (monthly late charge of $54.87 should be added in accordance with the terms of the note each month after 02/14/10) 158.61 Attorneys Fees (anticipated and actual to 5W of principal) 8713.30 TOTAL $185,215.58 *This interest rate is subject to adjustment as more fully described in the note and mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 0 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $185,215.58 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAy OFFICES, P.C. BY:,,-' ZC?SC Attorneys for intiff MARK J. UDREN, SQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE AEAM.L . IC=ES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE t ALL THAT CERTAIlV tract of landwith the T° ? , Cumbe"Land Cow', Pennsyly ?PoVamcnts tl?? Or siftwe Dickinson l'0? and descri Recorder of in Beads PIanDBoolt 59, page dated June 5, 1989 and ? bed 40 in Vdth a Plan age 128, as follows: n the Office of the BEGINNING at ""n in the 'Mterli= of Cold Fi? I7 a NO- & South 77 dcgmes 41 minutes Road, T 356, at oo ofLot No. 8 on said along Lot No. 7 onpjar4 N ? 2Q screeds SD West 315.40 feet to a steel de1-:00Srecsheat to a steel pin common to Lots 9 12 degrees 18 suites 40 seconds fret ow. 4I minutes 20 sew , l a, 7 and 12 on Plan; thence ai along Cold Sparing g East 315.40 feet to a point Lot No. 10, North 77 the Place of INNING -356, South 22 cicgrees 1$ miatrt?s 4p LnE of Cold Sp*g Road; fence seconds East 150.00 f xt to apoim, CONTAINNr 1 (" rrt„S and do 4C address of the described proms, Is Cold Spring NR0ad"°Ca'rr3isle,0,' d g ? ? Mea?elaws. The BEING the same 17013. m'bc ice oftle? which e?ael . Ken,, b, his deed dated dune 29, 2001, and reca granted and conveyed cede in anal far Cumberland Corns in riled =0 Brian L. Fields anti Fbcth X Field Deed Book 247, page 1456, his wife, +Gmators herein ftwkafAmerica 1qw hone Il Darts PO Sao[ 9048 Temecula, CA 92589-9048 Send Payatents To: PO Boot 6606934 Dallas. TX 75266-0694 Send Correspondence to: PO Box 51709 MS SV314B Simi Valley. CA 93065 L P,, 1 111111111111111111111 7113 8257 1473 8134 9879 11 '1- 111111111111111111 oil III lot oil III III lei 111,11 -11 Ile 1-1 Ile III Steven C Miller 14 COLD SPRINGS RD CARLISLE, PA 17015-7600 PRESORT Frst-pass Nail U.S. Postage and Fees Paid WSQ Wl "-7 BLOPAi 12ZS-a rl 7 BankefAnwrka _4w Hsnra Loans P.U. Abx 680894 Dallas. TX 75266-0694'. Steven C Miller 14 COLD SPRINGS RD CARLISLE, PA 17015-7600 .Send' Paymennni te: P_0. BOX 66069,4 Dallas. TX 75266-0694 1210712009 Certified Mall: 7113 8257 1473 8134 9879 Return Receipt Requested Regular Mall Account No.: 871873194 Property Address: 14 Cold Springs Rd Carlisle. PA 17013 Current Servicer: BAC Home Loans Servicing, LP ACT 91 -NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Is an official notice that the nwrtaaae an your home, is In default and the tender intends to foreclose Specific information about the nature of the default is provided in tho attache + joaaes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) ay be able to beta to save your home. This Notice explains how the proaram wades. To see M HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING, AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you most "kh the C s - na Apency. This Notice contains important legal information. If, you have any questions. representatives at the Gonsurner Credit Counseling Agency may be able to help explain it. YOU may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer- LA NOTIFICACION EN ADJUNTO E8 DE SOMA IkPORTANCW PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. 81 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OSTENGA UNA TRADUCCION INMEDWTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NOMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRItSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Steven C Miller PROPERTY ADDRESS: 14 Cold 8orinas Rd Carlisle. PA 17013 LOAN ACCT. NO.: 871873194 ORIGINAL LENDER: CURRENT LENDERISERVICER: SAC Hoare Loans Servi irm LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM BAC Horne Loans Servicing, LP is a subsidiary of Bank of Arneric e, N.A. Ths oxsmunicatian is from a dcilbt!»led". Pumawnis your a=um rvmtrer m all d,wdm anJ c spandlerre. 'tie nray,h yt,uafee (,arartypaymfemrehrrwUzxrepc;w?iby y);vriinw1G-eiiri*Vulirvastaji%'ti.:aGi,aoflelaw GLGPRtP,zzV1V731'WtP.1P5P P1anttrt YNfgbnc Stevan C Miller Balance D,>8 tx charges listed above $6.214.18 as of December 7, 2009. • bake yt?ir ?,. ale ?, ear- 14 Cold Springs Rd Whole Lews SeMcYng. LP Nearso, wd+wi irrfomviiiin oo ma nswraw aku 0 this r Dorti sanrt i> h Carlisle, PA 17013 sxr,rF''n. • P9ease+r uk oaa?xxrwtr,yvtr AarAmm, C,aymx+,nt ftx" BLQPA1 Fira!r hill llwl h -,xri oc ernl to nrrn t e11 .7 e njts. A 1 II I LU I l 1 1 lu l 11! A h l ird r l ?A°tbt' ? tr udi rn talr fLjj y r?l m?nihs. I b l r i l l 1 1 II r l III I l l l I l i II Ira irriudng np February, is caiu>tstad SAC Home Loans Servicing, LP 3o".?",+ J 0 annuar ?ntrwt. r e?} e7t _)f PO BOX 68DB94 fie aciuar nurntar rd rays in the mum. For partial marths. Mxsst is aakul?ad Dallas, TX 75266-0694 ?7cily cdt thft ti:^+* r' : ;rf, itay tsar; 871873194900000621418000621418 EXHTR_ TT ,A 1' C; RC.ggnn gR1`R 7 1A 7 41gL[it YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE pAYMENT$ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING Mur:T Orr lam . .... ?.? CONSUMER CREDIT COUNSELING AGI NCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30) days after the data of this meeting. The names. addresses and telephone numbers of desionated consumer credit counsel lino aoanc!es for the county in which the Drooerty Is located are set forth at the end of this Notice, It is only necessary to schedule one floe-to-face meeting. Advise your lender immediately of your Intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific Information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out. sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within Thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATFON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will. be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 14 Cold Springs Rd Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly Charges: 0910112009 $5.890.96 Late Charges: . 0910112009 $164.61 Other Late Charges: Total Late Charges: $158.61 Uncollected Costs: $0.00 BAC Hone Loans Servicing, LP is a subsidiary of Bank of Arnerice, NA. E-Med use: Provi3ng your email address below vet allow us b sera! you inkernauon on your account. Account Number STJS 5194 Sloven C Miller E-road address: How wa POO your poienenlig Ain accepeep payments or principal and interest vA be applied to ® the longest outstanding rreaallmad due, wows otherwise enwessly prohbieed or limited by raw. N you submit an amount In aWlton to your achedWsd month) amount, we will apply Mims: (i) to outgandi ? pryneaft d principal and ¦arest. (11) escrow deMonaes, ON) We charges and other amounts you owe jot, connection with your loan ahd (tv) Io reduce one oullstandlog principal glance d you Icon. Please epeolly K you want an additional amount applied to Future payanents„ nodrer than principal reduction. Posteiled shade: Postdated checks will be ProwsseQ on the dints received w0fts a Ivan counselor agrees to honor the date wraten on the check as a comiibon or a repaymaew clan Partial Payment Balance: ($0.01)) TOTAL DUE: 18.214.18 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS $6.214.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: BAC Home Loans Servicing, LP at P.O. Box 660694. Dallas. TX 75260-0694. You can cure any other default by taking the bilo wino action within THIRTY (30) DAYS of the date of this letter. (Do not use i not aaplicable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise Its rights to accelerate the mortgage debt- This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly instaliments. If full payment of the total amount past due Is not made within THIRTY (30) DAYS. the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FQW& OSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However. If legal proceedings are started against you, you will have to pay all reasonable attomey's fees actually Incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also Include other reasonable costs. N you cure the default within the THIRTY (301 DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under thr* mar tagr . RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you nave not cured the detaurt withir: the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff`s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other casts connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as It you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course.. the amount needed to cure the default will increase the longer you wait. `y'ou, may find out at any time exactly what the required payment or action will be by o ontactirag the lender. HOW TO CONTACT THE LENDER Flame of Len.dor: - BAC Home Loans Servicing, Lip' .Address: P. Q. Box SOW94 Dallas, TX 752W--0664 Phone Number: 1-600-669-66M Fax Number' 1-805-577-3432 Contact Person: MS TX2-981-03.03 AttenVon: Loan: Counselor EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Safe will end your ownership of the mortgaged property and your right to occupy it, if you continue to live in the property after the Sheriff's sale. a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments. charges and attamey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. BAC Horne Loans Servicing. LP is s subsidiary of Bank of Arnerire, NA. ?a . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF' A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (I) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to. winterization, securing the property, and valuation services) may be taken. The costs of the above-described irmpections and property preservation efforts will be charged to your account as provided In your security Instrlurnent. If you are unable to cure the default on or before January 6, 2010, BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. Forexample: • Repayment Plan: it is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at least ,A of the amount neoessary to bring the account currant. and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. + Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure aitematlve. however. is limited to certain loan types, • Sale o.G You-- Pr poly: Or, F ynt =-f= W `'Ig -c, sf? yot-1- norne in c .e tc avoid foreceosu-e. ,q it. rac.sslbie that the sale: of your rtorne c.a- t;e' apptove?: •t _,uqf_ --:iAL to acs Loans Sv, v c ing, ,.P evert if yow nome ;:, less than what is owed on it, Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact us Immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of Its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by January 6, 2010 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concerning this notice, release contact roan Counseling Center Immediately a- -80L- CONSUMER CREDIT COUNSELING AGENCIES SERN71NG YOUR COUNTY • CUMBERLAND COUNTY Adams County Interfaith Housing Aulhority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2+000 Linglestown Road Harrisburg, PA 17102 888..511.2227 Commurtfty Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232,9757 Loveship, inc_ 2320 North Sth Street Harrisburg, PA 17110 717.232.2207 Maranstne 43 Philedelphla Avenue Waynesboro, PA 17268 717..762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717..780.3940 800.342.2397 13AC Horne Loess Servicing, LP is a subsidiary of Bank of America, N.A. 0 V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P. BY: Attorneys for Plai iff MARK J. UDREN, S IRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~s`ar ~t'~auubrPl~~, V +~i~ r „- T ~- ~ t E- 1~~ ~ ! r' , .. :.1,~ ~ ~=, Bank of America, NA vs. Steven C. Miller Case Number 2010-1471 SHERIFF'S RETURN OF SERVICE 03/13/2010 10:55 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2010 at 1051 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Steven C. Miller, by making known unto Elisabeth Miller, Wife of defendant at 14 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and ai the same time handing to her personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY SHERIFF COST: $33.40 March 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) Dour^fy5uitc~ Sheriff, Telecsoft, Inc. ' IIDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF MARK J. IIDREN, ESQIIIRE - ID #04302 STIIART WINNEG, ESQIIIRE - ID #45362 LORRAINE DOYLE, ESQIIIRE - ID #34576 ALAN M. MINATO, gSQIIIRE - ID #75860 CHANDRA M. ARKffi~lA, ESQIIIRE - ID #203437 ADAM L. KAYES, ESQIIIRE - ID #86408 MARGUERITE L. THOMAS, BSQIIIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIIITB 200 CHERRY HILL, NJ 08003-3620 856-669-5400 t"~ ~'-=; - t_' _-- ;, ~:, Bank of America, N.A. COURT OF COMMON PLE.~,~S , ___i Plaintiff :CIVIL DIVISION ~r`' _ Cumberland County ' c:; ~. v. Steven C. Miller ~ - De f endant (s ) NO . 10 -14 71 ' W ; ~ _, ~r~ W ,.. AFFIDAVIT OF SERVICE PURSIIANT TO Pa.R.C.P.RIILE 3129.1-"`~c.. Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: July 21, 2010 UDREN LAW OFF Attorneys for P intiff STUART.WINNEG, ESQUIRE _ LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE 4 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Bank of America, N.A. :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION v. :Cumberland County :MORTGAGE FORECLOSURE Steven C. Miller €NO. 10-1471 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 14 Cold Springs Road Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Steven C. Miller 14 Cold Springs Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Shilpa Patel 5 Greenwich Drive Carlisle, PA 17013 Midlantic Funding LLC c/o Burton Heil & Associates 1060 Andrew Drive Apt/Ste 170 West Chester, PA 19380 4. Name and address of the last recorded holder of every mortgage of record: Name Address Bank of America, N.A. Members 1st Federal Credit Union P.O. Box 660694 Dallas, TX 75266-0694 1201 Main Street, 7tn Floor Dallas, TX 75202 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 14 Cold Springs Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 21, 2010 UDRE ICES, BY: e s. or_Plaintiff MARK J . UD EN, ESQ-~7TR~---~ STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302. STUART WINNEG, ESQUIRE -1D #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Bank of America, N.A. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON CIVIL DIVISION Cumberland County PLEAS v. Steven C. Miller Defendant(s) NO. 10-1471 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Steven C. Miller PROPERTY: 14 Cold Springs Road, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 8, 2010, at 10:00 am, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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N O 3 w ~ _ y ' ~o3 o'ai ~ W~m~m ~y p pmm=gym d 7 ~a .l1 (~ oa„S m p~ 3~ ~ j N~ ~~ y n m ~ -. o, m ~~ ~ O o t0 -• -• x 7 7 N 0 ,y No < O ~ O'O c ~ .~oo~m ~ ~, o av N O o' me o 33~,$0~; ~ n ~ $ d ~v m m M m of a C N N m ~ _ Gt . >>oioW ~' C W m M p n can 0 o c ~ o o N ~ ~ c ~ O n a c °--'~oo~mm O-j 7 ~ ~ Vl ~ N p- v dm N a N c A O N p m H ~ c ~ m~ (~ N p a N ~ J fD ~ ~ -• m o. m ~n ?cd ~6Q ~0 o nm ~ . 'e n' 3 N S n 0 N C ,. x ma m~~ °A m 7 4~1 N m 0~3.a~ v O °~ c °' c~ C) n O'er Q ~ S v -p • 3 ~~Qd~o O y ~ m . ~ 7 !nom C ~ ~ . ~ ~ 7 is ~ ~ m o m m p ~ j O n o0 ' N.Zl f0 y ~ ~ O y ~ ~tm3 - ' to o n ~ a35v2= w ~~'=y- -~ ~cn m O m c m =~ m ~ ~ O y O ? n>> >m N a' d~mm~c m2 N~gTma ' v~3~m S m m m a v+ ~ m ;(1 ;f7 o^'~m o3 w m ~ N_ ~ w S'~ o _ v mow' O ~ m ~ V \ ~~' A x y <D ~~ ~ N ~ ~ N m ~ T ~ m m ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a~ta cti ~"'"~rr~ Jody S Smith f D t Chi ~4 ,~b ~" ~ epu y e 3 :: Richard W Stewart ~~° -~"` Solicitor ca~~cE ~~ T"~ ~r~~R'rF Bank of America, NA vs. Steven C. Miller SHERIFF'S RETURN OF SERVICE Case Number 2010-1471 06/25/2010 11:39 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 1130 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 Steven C. Miller, located at, 14 cold Springs Road, Carlisle, Cumberland County, Pennsylvania according to law. 06/25/2010 11:39 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 1130 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Steven C. Miller, by making known unto, Elizabeth Miller, wife of defendant, at, 14 cold Springs Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1 the same. SHERIFF COST: $898.92 SO ANSWERS, ..~ July 02, 2010 RON R ANDERSON, SHERIFF EXHIBIT {c) Co~u~tySuite Sheriff. Teleosoft; Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronn R Anderson ~~~~`'~'~ 7~~ Sheriff '~c T~ rr , •,~,~ r5Y ,, , ~~ , Jody S Smith Chief Deputy Richard W Stewart Solicitor Bank of America, NA vs. Steven C. Miller u ~=f-" f 5 ~'=1 8~ ~ I Cup",~"-~,w - :~:.~i,~NiY PEI~yvS~~'Lb',N~t Case Number 2010-1471 SHERIFF'S RETURN OF SERVICE 06/25/2010 11:39 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 1130 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 Steven C. Miller, located at, 14 cold Springs Road, Carlisle, Cumberland County, Pennsylvania according to law. 06/25/2010 11:39 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 1130 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Steven C. Miller, by making known unto, Elizabeth Miller, wife of defendant, at, 14 cold Springs Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Udren on 9/8/10 SHERIFF COST: $1,283.37 SO ANSWERS, September 14, 2010 RON R ANDERSON, SHERIFF ~~ ~ ~~~ ~ ~~ :~~~ a~ f ~ ~ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN,~ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 20 0 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Bank of America, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v• : Cumberland County : MORTGAGE FORECLOSURE Steven C. Miller NO. 10-1471 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Bank of America, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 14 Cold Springs Road Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Steven C. Miller 14 Cold Springs Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS $#1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Shilpa Patel 5 Greenwich Drive Carlisle, PA 17013 s 4. Name and address of the last recorded holder of every mortgage of record: Name Address Bank of America, N.A. 1201 Main Street, 7tn Floor Dallas, TX 75202 Members 1St Federal Credit Union P.O. Box 660694 Dallas, TX 75266-0694 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 14 Cold Springs Road Carlisle, PA 17013 -` ~I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. ~I,understand that false statements herein are made subject to'the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: April 16, 2010 UDREN LAW OFFICES ~.C. ~~. Attorneys for intiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. '~'IARK ,J~. UDREN, ESQUIRE - ID #04302 ' STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE,, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsCudren.com Bank of America, N.A. Plaintiff v. Steven C. Miller Defendant(s) ATTORNEY FOR PLAINTIFF '~ COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-1471 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Steven C. Miller 14 Cold Springs Road Carlisle, PA 17013 Your house (real estate) at 14 Cold Springs Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 8, 2010, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $187,865.28, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) • YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER 'RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If~the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE 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. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AT.i, THAT CERxAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, bounded nail describ-.yd im accordance with a Flan prepared by Rodney Lee Decker, KYLS dated Tune 3, 1989 and rCwxdeti in the C)ffice of the fiecarder of Deeds in Plan Boak ~9, Page 128, as follows: BE~INNII~TG at a paint in the centerline of Cold Spring Road, T-356, at corner of Lot Na. 8 on said Plan; thence slang Lot No. 8, South 77 dogrecs 41 minutes 2Q secaads Vilest 315.4i~ feet to a steel pin in Lot 7 au Plan; thence slang Lot No. 7 on Dian, North 12 degrees 18 manures 40 seconds Vilest 150.00 feet m asteel-pin caawion to Lots 9, 10, 7 and 12 on Pian; thence along Lot Nn. 10, North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point in centerline of Cald Spring Road; thence clang Cold Spring Road, T-3 56, South 12 degrees 1 S minutes ~4 secantls East 150.40 feet to a point, the Flare of B,EGINNINCs. CCl1~dTA.Il~II'hl'~ 1 t1Rfi arses and de5i~,tC~ ~, t,ot No, ~ on plan of Cull 3t,Li2~g Mcadau~s. The address of the described property Is 14 Caid Spring Road, Carlisle, PA 17413. 1311ING the same premises which Michael ~.. Keller, by his deed dated ,Lune 25~, 2041, and recorded in the Office of the Recorder of Deeds in and. far Cumberland County in Deed B orak 247, Page 1056, granted and caz~veyed unw l3riazi T... ,Fields and Elisabeth M. Fields, his wife, ~rnntors her®in. BEING KNOWN AS: Carlisle, PA 17013 PROPERTY ID NO.: 14 Cold Springs Road 08-12-0338-079 TITLE TO SAID PREMISES IS VESTED IN STEVEN C. MILLER, THE ENTFRI T WIFE DATED 03/25/2005IRECORDEDI03/29/ 005 FIELDS, 268 PAGE 653. AS TENANTS BY ELISABETH M. IN DEED BOOK WRIT OF EXECUTION and/or ATTACHMENT COMMGNWEALTH OF PENNSYLVANIA) NO 10-1471 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Plaintiff (s) From STEVEN C. MILLER (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 $187,856.28 L.L.$.50 Interest from 4/17/10 to 9/8/10 Ongoing per Diem fo $28.43 to actual date of sale including if sale is held at a later date -- $4,122.35 Atty's Comm Atty Paid $165.90 Pla'raiff ,'aid Date: 4/26/10 (Sea!) P.EQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell, Prothonotary By: Deputy Name: ALAN M. MINATO, ESQUIRE Address: UDREN LAW OFFICES, PC WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 75860 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 14 Cold Springs Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: e eal 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. Lisa~Marie Coyne, Edi SWORN'I`O AND SUBSCRIBED before me this 30 da of Ju1~2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expiroa Apr 28, 2014 writ No. 2o1o-1a~1 ci.-ii Bank of America, NA vs. Steven C. Miller Atty.: Alan M. Minato ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Town- ship, Cumberland County, Penn- sylvania, bounded and described in accordance with a plan prepared by Rodney Lee Decker, RPLS dated June 5, 1989 and recorded in the Office of the Recorder of Deeds in Plan Book 59, Page 128, as follows: BEGINNING at a point in the centerline of Cold Spring Road, T-356, at corner of Lot No. 8 on said plan; thence along Lot No. 8, South 77 degrees 41 minutes 20 seconds West 315.40 feet to a steel pin in Lot 7 on plan; thence along Lot No. 7 on plan, North 12 degrees 18 minutes 40 seconds West 150.00 feet to a steel pin common to Lots 9,10,7 and 12 on plan; thence along Lot No. i0, North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point in centerline of Cold Spring Road; thence along Cold Spring Road, T-356, South degrees 18 minutes 40 seconds East 150.00 feet to a point, the place of BEGINNING. CONTAINING 1 086 acres and designated as Lot No. 9 on plan of Cold Spring Meadows. The address of the described prop- erty is 14 Cold Spring Road, Carlisle, PA 17013. BEING the same premises which Michael L. Keller, by his deed dated June 29, 2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 247, Page 1056, .granted and conveyed unto Brian L. Fields and Elisabeth M. Fields, his wife, grant- ors herein. BEING KNOWN AS: 14 Cold Springs Road, Carlisle, PA 17013. PROPERTY ID NO.: 08-12-0338- 079. TITLE TO SAID PREMISES IS VESTED IN Steven C. Miller, as ten- ants by the entireties by deed from Brian L. Fields and Elisabeth M. Fields, his wife dated 03/25/2005 recorded 03/29/2005 in Deed Book 268 Page 653. ,, .,_ . }r~ ? '' ~ ~ - ~ r ,. ~ i ~. ~ ,', The Patriot-News Co. ~20 Technology Pkwy Suite 300 lechanicsburg; PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~he~latriot-Neu-s 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. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 .: Sworn to and'~'ubscribed before e t ~ 0 y of August, 2010 A.D. _~~ ' ~ - -- -'L.-c,~r~t~ ~ . ~~ .> z, ~. Notary Public COMMONthI~'Ai.~7`N ~~ ~'ENNSYLVANIA Sherrie 1. Klsner, Notary Pub!!c Lower Paxton Twp,, ®auphin County Ply Com-____!n'~~o~ _~xplres Nov. 25, 2011 i~s~n•:~,F-. inn^>v~vzni? Asscci~riryn of . Matarles Writ No. 2010-1471 Civll Term Bank of America, NA Vs Steven C. Mlller Atty: Alan M Minato ALL THAT CERTAIN TRACT OF LAND W11'H TI1E 11v1PROVI.MENT'S TI~REON ERECTED SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY.RODNEY LEE DECKER, RPIS DATED JUNE 5,1989 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN PLAN BOOK 59, PAGE 128, AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF COLD SPRING ROAD, T- 356, AT CORNER OF LOT N0.8 ON SAID PLAN; THENCE ALONG LOT N0: 8, SOUTH 77 DEGREES 41 MINUTES 20 SECONDS WEST 315.40 FEET TO A STEEL PIN IN LOT. 7 ON PLAN; 'T'HENCE ALONG LOT NO. 7 ON PLAN, NORTH 12 DEGREES 18 MINUTES 40 SECONDS WEST 150.00 FEETTO A STEI.L PIN COMMON TO LOTS 9,10,7 AND 12 ON PLAN; THENCE ALONG TAT N0. 10; NORTJI 77 DEGREES 41 MINUTES 20 SECONDS EAST 315.40 FEET TO A POINT IN CENTERLINE OF COLD SPRING ROAD; TI~NCE ALONG COLD SPRING ROAD, T 356, SOUTH DEGREES 18 MINUTES 40 SECONDS EAST 150.00 FEET TO A POINT, THE PLACE OF BEGINNING. CONTAINING. 1 086 ACRES AND DESIGNATED,4S L,OT N0.9 ON PLAN OF CO1:D SPRING MEADOWS. THE ADDRESS OF THE DESC1tIBID PROPI'~I'Y IS 14 COLD SPRING ROAD, CARLISLE, PA 170J3~ BEING THE SAME PREMISES WHICH MICHAEL L. KEI.I.ER, BY HIS DEID DATED TUNE 29; 2001,AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN ANl) FOR CUMBERLAND COUNTY IN DEED BOOK 247, PAGE 1056, GRANTED AND CONVEYED UNTO BRIAN L. FIELDS ANl? ELISABETH M. FIELDS; HIS W11E, GRAN'T'ORS HEREIN. BEING KNOWN AS:14 Cold Springs Road Cazlisle, PA 17013 PROPEIrfY ID NO.: 08-12-0338-079 TITLE' TO SAID PIt1iMISES IS VESTED IN STEVIN C. M]LLER, AS TENANTS BY THE ENTIRETIIS ]3Y DEED FROM BRIAN L. FIELDSAND ELISAB]'fI-I M. FIELDS, HIS WIFE DATED 03125!2005 RECORDED 03l29l2005IN DEED BOOK 268 PAGE 653. UDREN LAW OFFICES, P.C. ATTORNEY MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM KAYES, ESQUIRE - ID #86408 MARGUERITE THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF Bank of America, N.A. :COURT OF COMMON PLEAS Plaintiff `:CIVIL DIVISION .Cumberland County V. Steven C. Miller Defendant ENO. 10-1471 Civil Term n p a? cm --! ?c C ' 3 CD c? -; c rv o PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE. DATED: September 27, 2010 MJU# 10020270-1 UDRENArIA14- LAW OFF CES, P.C. BY: 01 / Attorneys for- P int i f f MARK J. UDREN, SQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE -ADAM KAYES, ESQUIRE MARGUERITE THOMAS, ESQUIRE X8.00 PO ATtY e"(019q(f P_'* ;48948