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Home My WebLink About10-1590FILED-C ii-R.,E fir THE PPO HKC, IOTAPY 2010 MAR -8 PM !: 07 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 f,/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 232445 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I0 - )5qo C1 v1( term JAMES D. BRENNAN A/K/A JAMES BRENNAN 9 EAST BEALE AVENUE CUMBERLAND COUNTY ENOLA, PA 17025-2804 Defendant CIVIL ACTION - LAW 42-m po ATN COMPLAINT IN MORTGAGE FORECLOSURE mlgna5q 04 4a8 515 File #: 232445 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 BEABLE 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 Fite #: 232445 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE 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: JAMES D. BRENNAN A/K/A JAMES BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/08/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIDELITY HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200801169. By Assignment of Mortgage recorded 03/09/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200906612. 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 11 /01 /2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 232445 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $114,447.75 Interest $2,710.95 10/01/2009 through 03/04/2010 (Per Diem $17.49) Attorney's Fees $650.00 Cumulative Late Charges $138.24 01/30/2009 to 03/04/2010 Costs of Suit and Title Search 550.00 Subtotal $118,496.94 Escrow Credit $0.00 Deficit $183.28 Subtotal 183.28 TOTAL $118,680.22 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff File #: 232445 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $118,680.22, together with interest from 03/04/2010 at the rate of $17.49 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: L awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 232445 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin (set) on the Northern side of East Beale Avenue (50 feet wide) at the corner of Lot No. 39 on the here-in-after mentioned Plan of Lots; thence by Lot No. 39 North 33 degrees 43 minutes 00 seconds West a distance of one hundred fifty (150) feet to an iron pin (set) on the Southern line of Sharon Alley (15 feet wide); thence by Sharon Alley North 56 degrees 00 minutes 00 seconds East a distance of twenty-five (25) feet to an iron pin (set) at Lot No. 37 on said Plan; thence by Lot No. 37 South 33 degrees 45 minutes 00 seconds East a distance of one hundred fifty (150) feet to a drill hole; thence by East Beale Avenue South 56 degrees 00 minutes 00 seconds West a distance of twenty-five (25) feet to the place of BEGINNING. BEING Lot No. 38 on the Plan of Lots as laid out by Arthur R. Rupley and recorded in Cumberland County Deed Book'O' Volume 6, page 600. HAVING THEREON ERECTED a two and one-half story frame dwelling house known as No. 9 East Beale Avenue. PROPERTY ADDR.: 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 PARCEL NO.: 09-15-1291-230 File #: 232445 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. orney for laintiff DATE: File #: 232445 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson RAMP CE Sheriff ??rstr ofalrn?r?f'??r4 ?X '-? ,'.CAF?" Jody S Smith Chief Deputy 2010 MAR 22 AM z Edward L Schorpp r Solicitor OFFIC. t --E --LF-:1FF BAC Home Loans Servicing, LP Case Number vs. 2010-1590 James D. Brennan SHERIFF'S RETURN OF SERVICE 03/18/2010 07:15 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1915 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James D. Brennan, by making known unto Stephanie Brennan, Wife of defendant at 9 E. Beale Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. 4NAD1 "A C10 dBA'U G?H, DEPU SHERIFF COST: $41.50 March 19, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF _c Cou'r.,Suite Ske!Iff, Teleosoft. Inc. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME COURT OF COMMON PLEAS LOANS SERVICING, L.P. ; Plaintiff CIVIL DIVISION v JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) NO. 10-1590 CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/29/2010 to Date of Sale ($19.94 per diem) TOTAL ~ 01~ . oc~ P p ~4Y1'/ H1.50 ~,gp 40.00 rr I~•o0 a.so rr ~a.oo Au.e~e, •SoU. c~ C: - =r"i $119,642.17 ~~{ ~~'' ~ ~'~ ' ~-t ' ` ~„ { j ~-_ ~ 2 652.02 - N -Err _ -T-~ - $122,294.19 ~ w o ~" ~ C ~~ "~' Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ ndrew 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 # 232445 ~+~ 9s53ao R,~ a~la?sy 1? E t.~u:t V~~a,.~-~ w O~ ~~ ~ ~ a Oa ~H 0 Q ~~ O~ U W ~~ U a a U W x W a F 0 V w a F~1 U a W z~ d O~ ~" ~ ~a U Pd0 > z~ Z ti d z~ ~ WZW ab ~ ~ A °' v~ A ti O U ~, o oa (~1 U f~Jj L O W O ~ w on a z as w b a~ ti ~, a~ ~ ~v 0 z ¢>N ~ ~ Q N O. W O y ~ ~ .-. ,~ ~w¢ 3 f~ a.1 p" v~F~Q .~ ~QO .-,rnW V ~. ~~ w 0 N ~ N'^v'~o~o ~ r.. rn~~~~oMo N ~ O ~ ~ ~ M .--~ ~ ,M-i O O ~ O N N N~~ 00 ~ c~ M D\ ~ O Z O O N M ~p ~O p 00 p M N ~ pp O~ N N G O O Oz V'1zo~0O~N,~~p O pb ~ Oz ab~v.b~.z~zzzo~OOzbb °"bb~ •.~ ..~ v ~-• W ~... c ,~ wwbW.^~~~"b ~ww~wW w ~ ~ ~ ~ ~ ° ~ W ~ cd o~ W ~ i k" ~ ~ ~ 0 •~ a p" ~ ~ CA ~ ~ ~ ~ ~ vi ,~ ~ '~ °Y' o fY.1 c ~ ~ ~`7 a"~ c~ ~n•~ 3~ >"" a 3 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1590 CIVIL TERM JAMES D. BRENNAN A/K/A JAMES BRENNAN CUMBERLAND COUNTY Defendant(s) , cn _, CERTIFICATION = ; f.; , - r~ _~c: _ ~ The undersigned attorney hereby states that he/she is the attorney for the Plaintif~rrthe alive captioned matter and that the premises are not subject to the provisions of Act 91 because: .. t ~, -~ ~ -: <<_ .. (X) the mortgage is an FHA Mortgage ~-~ `~- ='~ --~ ( ) 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 for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v~ JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1590 CIVIL TERM CUMBERLAND COUNTY PHS # 232445 AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE 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 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES D. BRENNAN 9 EAST BEALE AVENUE A/K/A JAMES BRENNAN ENOLA, PA 17025-2804 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) ~ ~ _ ' c c ~ ,-- Cumberland County Adult Probation 1 Courthouse Square : -•±':{.-, ~ :.~ Carlisle, PA 17013-3387 ' ' ~ `- ~='; s ~'~ r! -__ rv -r- r-z - 4. Name and address of last recorded holder of every mortgage of record: - `J ' ,f, Name Address (if address cannot be - ~ reasonably ascertained, please indicate) ~ . _.." ' ~ ~ = ' - ~ ~ 1 None. _ - ~~ 5. Name and address of every other person who has any record lien on the property: ~ Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 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. Ma~26, 2010 .,. u~ Attorney for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ 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 BAC`.HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO. 10-1590 CIVIL TERM VS. N CUMBERLAND~Oi~T JAMES D. BRENNAN A/K/A JAMES BRENNAN ~?~' ~~ ~ ~~ ~~_' -- Defendant(s) ~ ` ~~ '' `~ -J N ::. ~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ^ `- ``" _z. .~_:. ~_ jn -; TO: JAMES D. BRENNAN `-- A/K/A JAMES BRENNAN -7 .~ _=' 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 * *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $119,642.17 obtained by BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF' S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1590 CIVIL TERM BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. JAMES D. BRENNAN A/K/A JAMES BRENNAN owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 Parcel No. 09-15-1291-230 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $119,642.17 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin (set) on the Northern side of East Beale Avenue (50 feet wide) at the corner of Lot No. 39 on the here-in-after mentioned Plan of Lots; thence by Lot No. 39 North 33 degrees 43 minutes 00 seconds West a distance of one hundred fifty (150) feet to an iron pin (set) on the Southern line of Sharon Alley (15 feet wide); thence by Sharon Alley North 56 degrees 00 minutes 00 seconds East a distance of twenty-five (25) feet to an iron pin (set) at Lot No. 37 on said Plan; thence by Lot No. 37 South 33 degrees 45 minutes 00 seconds East a distance of one hundred fifty (150) feet to a drill hole; thence by East Beale Avenue South 56 degrees 00 minutes 00 seconds West a distance of twenty-five (25) feet to the place of BEGINNING. BEING Lot No. 3 8 on the Plan of Lots as laid out by Arthur R. Rupley and recorded in Cumberland County Deed Book'O' Volume 6, page 600. HAVING THEREON ERECTED a two and one-half story frame dwelling house known as No. 9 East Beak Avenue. UNDER AND SUBJECT to all easements, reservations, restrictions and rights of way of record. Vested by Special Warranty Deed, dated 01/08/2008, given by Francis D. Hockenbraugh and Susan M. Hockenbraugh, husband and wife to James Brennan, single man and recorded 1/22/2008 Instrument # 200801168. PREMISES BEING: 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 PARCEL N0.09-15-1291-230 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1590 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff (s) From JAMES D. BRENNAN a/k/a JAMES BRENNAN (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 properly 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 $119,642.17 L.L.$.50 Interest from 4/29/10 to Date of Sale ($19.94 per diem) -- $2,652.02 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: S/27/10 w .~G~~2~~ David D. Buell, Prothonot (Seal) ~~y ~~ _ , ~ ~~ Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 .+~ ,. .. JUL 14 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. JAMES D. BRENNAN A/K/A JAMES BRENNAN Court of Common Pleas Civil Division CUMBERLAND County No. 10-1590 CIVIL TERM Defendant ~ j~ 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. • a~ Rule Returnable on the ~ day of 2010, at ~~~ ~ . in il~re~4~i~• Courtroom~o~ e Cumberland County Courthouse, Carlisle, Pennsylvania. THE C RT " J. ~ c~ o <,; _; ~--- i`T"! -- - ~ -- 'r= ~ C.TI a;_ ~.OUw~-e~+ay ~• butn, ESQ. `~ -~, J rtrn4a A~k ~ fR»sc 1(3i^~ -~'' c" cv `; .~ ''t l -T, a-r-~ -r =-~ ,= __'~~, ~ ~ 232445 y,~; i . , ._ ,_ I~~~? ~Ilr 3 cwt y : o~ tai" ~~'~ - 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. F/K/A Court of Common Pleas COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division Plaintiff . . CUMBERLAND County v. JAMES D. BRENNAN ~ No. 10-1590 CIVIL TERM A/K/A JAMES BRENNAN Defendant CERTIFICATION OF SERVICE 232445 ~~ ~ I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August 26, 2010 was sent to the following individual on the date indicated below. JAMES D. BRENNAN A/K/A JAMES BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 Phelan Hallinan & Schmieg, LLP DATE: ~ Z 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 ATTORNEY FOR PLAINTIFF 232445 AFFIDAVIT OF SERVICE PLAIIVTI~ CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P. F/B/A COUNTRY{~f(IDE HOME LOANS SERVICING, L.P. PHS #232445 DEFENDANT SERVICE TEAM/ IQc JAMES D. BRENNAN A/S/A JA11~•S BRENNAN COURT NO.:10-1590 CIVIL TERM SERVE JAMFS D. BRENNAN A/K/A JAMES BRENNAN AT: ~ o~ ~ s Sale 9 EAST BEALE AVENUE SALE DATE: 0910Qi/2010 ENOLA, PA 1025-2004 SERVID 510 ,. --r Served and made known to JAMFS D BRENNAN .Defendant on the ~Q' aay of ~u uE. , 20 IBS , at n ~ ~-- ry,W . o'clock ~ M., at 9 E 'F3~4t~E ire ~Ne~rl ~ AA • in the manner described below: _ ° ~=~_ _ Defendant personally served- C `:- r' Adult family member with whom Defendant(s) reside(s). n1 ' Relationship is W ~ F E _ 6. <<: _ Aduh in charms of Defendarn's residence wlro refused to Sive name or relationship. - _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). -Agent or person in charge of Defendant's office or usual place of business. ' an officer of said Defendant's company. 'O r ~ :• 91 ~. Description: Age ~_ xeight ~~- werght ~ Race w Sex ~_ Other ~ ~pNp-~Q_~ a competent adult, being duly sworn according to law, depose and state that I persatally 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 subscnbed KIMBERLY CURTY before me this ?~'h' day of ~ NE 20 ~ NOTARY.PIlBL[C - _ ~ _ • S~"AT£ OF 1!IEW ,tERSEY ..N .. By. - ' ' COMMISSION EXPIRES MARCH 7, 2013 NOT S1:RVID ~ y f 20 , at _ o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Swom to and subscribed before me this day of ~ By: Nom: ATrot~l~t tit rLAn~rJU+~ r.. ~.: r. n ~ r, aw. ~ rr mn >ha ek ~ H........ Y. N. i~ u.~ua~+aM.tin.me ~w.a~.+..~e...~r.ew J~iIYT.~tiL4,1L f41s74S Sell R ai~JKH~.,1L ti. tBp ~..reRO~r.~.w.n.ern r.ns R TY~, Oy, ti Iw, xiwr vMa&hnrw.e+.~.wxsv~ 7q R,Frs, ~.li Na use w~tM~•w.tiN.~nsr _ - Ad~arLB~iwdi,~,Y.li~rWr - . - ~ Jd~e MdBi~.fJ4.~flafN:M - _ - Od~~~re! lii~.b4. ii N-!KL J~~LC.r~r.~,rar. xrn ~IRD~-~.Ii IJ~71LTA A W w C t~~IdL~Y. !1~ ii/5 ~Ji ise~/IwL, 9ik~MM 4 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, v. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) CUMBERLAND COUNTY C7 COURT OF COMMON PL~S ~~~ ; CIVIL DIVISION No. 10-1590 CIVIL TER1V AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: _ -1-q ,. ~.~._ x .. ~~ _, ~~ ~~ W `` As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 381'n and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto E~chibit "A". Date: CJ/3/~() U 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 QAndrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 232445 i ., . u ~'z" E O L 6 l 3000 dIZ W Oild ail ItIW T oioz zoNnf sszctzvooo oZS'ZQ ~ wL z o ~.,,~,, o e ac .fl °° °. ~~ ~ °v ~ ~ p Q ~ i ,= . -~ ,~ f/1 Cl +~ H OD .,., ~ a i a ~ p " t+ ~1 'CJ r~d~d° §~~a~>~ ,°,~'ri~ a~ .°, aaa yg vN-~ry~p o y R1..-, "' F,+ ~i O ~' F. e7 4r e~ [~ L L. M O N br ,..t L~ II. -`~ c ~~,o ,~. wU °p~~ o~~~~ ~ ~~~ ww nod' or~i ~c~U• ~~„~~p„~ a,,~d a~ e~ X! aarvl,s~A.r 8 y~~°~a'~ ~ .ate q.~ ° wZ e d oe o dC ~•^ ~'~~oy~v3v~~oo~ L ~ o a.-.ow~~awAU~UUAaxDv L~.~~wp~~N~U~+ * .~ e ~ * * # ~ ~ * ,: O1 Q ~~~ z y a a "' r M ~ ,,, ,~ rl°°1°~l~l~l~l~l~ I~~$~ o ~~ .G C ~~ r .~ .~~ss~ •~.~J q ~~x ~~~ ~~~ .~~. ~. ~- 9~ ~~.~~- ~W ~~ `~~.~ ~~ `~E ~.~ ~ ~ gay ~. a g~ 8 ~ N~ h ~ O ~~ ~a~~ ~~~~~ ~~~~~q w ~~~~ 'a' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. F/K/A Court of Common Pleas COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division Plaintiff V. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant CUMBERLAND County No. 10-1590 CIVIL TERM ORDER AND NOW, this Ak4 day of LLroLLs?, 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $114,447.75 Interest Through September 8, 2010 $6.311.85 Per Diem $17.25 Late Charges $103.68 Legal fees $1,300.00 Cost of Suit and Title $345.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $15.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $271.26 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $340.23 TOTAL $123,134.77 Plus interest from September 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote figure. MAWM AM, Sheriffs commission is not i, ded in the above BY T C I I: I I WV 9Z 913 O M&A1',.: "-) ;,111 A" Q ?e/p? hkaGl '7a 0Y 232445 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ILED-OFFICE 2010 DEC 29 Pt-1 ?-: i'3 CjUM9`RLik' D CCL' BAC Home Loans Servicing, LP vs. James D. Brennan Case Number 2010-1590 SHERIFF'S RETURN OF SERVICE 06/21/2010 06:45 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 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 James D. Brennan, located at, 9 East Beale Avenue, Enola, Cumberland County, Pennsylvania according to law. 06/21/2010 06:45 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1840 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: James D. Brennan, by making known unto Stephanie Brennan, wife of defendant, at, 9 E. Beale Avenue, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/07/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/01/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 12/22/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 12/22/10. SHERIFF COST: $723.87 December 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 4,R - ro -? C941 7978 ??! 2.0Z78 , ?oun+Y&uite 5hen'f. TInc. BAOME, LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. ` Plaintiff V. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1590 CIVIL TERM CUMBERLAND COUNTY PHS # 232445 AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE 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 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES D. BRENNAN A/K/A JAMES BRENNAN 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. r 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 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 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. May 26, 2010 By. I `C Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOMRLOANS SERVICING, L.P. F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISION Plaintiff . NO.10-1590 CIVIL TERM VS. CUMBERLAND COUNTY JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES D. BRENNAN A/K/A JAMES BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 * *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 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $119,642.17 obtained by BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may cal 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. 10-1590 CIVIL TERM BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. VS. JAMES D. BRENNAN A/K/A JAMES BRENNAN owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 Parcel No. 09-15-1291-230 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $119,642.17 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin (set) on the Northern side of East Beale Avenue (50 feet wide) at the corner of Lot No. 39 on the here-in-after mentioned Plan of Lots; thence by Lot No. 39 North 33 degrees 43 minutes 00 seconds West a distance of one hundred fifty (150) feet to an iron pin (set) on the Southern line of Sharon Alley (15 feet wide); thence by Sharon Alley North 56 degrees 00 minutes 00 seconds East a distance of twenty-five (25) feet to an iron pin (set) at Lot No. 37 on said Plan; thence by Lot No. 37 South 33 degrees 45 minutes 00 seconds East a distance of one hundred fifty (150) feet to a drill hole; thence by East Beale Avenue South 56 degrees 00 minutes 00 seconds West a distance of twenty-five (25) feet to the place of BEGINNING. BEING Lot No. 38 on the Plan of Lots as laid out by Arthur R. Rupley and recorded in Cumberland County Deed Book'O' Volume 6, page 600. HAVING THEREON ERECTED a two and one-half story frame dwelling house known as No. 9 East Beak Avenue. UNDER AND SUBJECT to all easements, reservations, restrictions and rights of way of record. Vested by Special Warranty Deed, dated 01/08/2008, given by Francis D. Hockenbraugh and Susan M. Hockenbraugh, husband and wife to James Brennan, single man and recorded 1/22/2008 Instrument # 200801168. PREMISES BEING: 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 PARCEL NO. 09-15-1291-230 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1590 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff (s) From JAMES D. BRENNAN a/k/a JAMES BRENNAN (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 $119,642.17 L.L.$.50 Interest from 4/29/10 to Date of Sale ($19.94 per diem) -- $2,652.02 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: 5/27/10 David D. uell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 l.Y On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 9 East Beale Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Yke: June 14, 2010 By Real Estate Coordinator The Patriot-News Co. #2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Patr1*0t1WX(W5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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: Writ No. 2010-1590 Civil Term 07109110 'BAC Home Loans Servicing, LP 07116/10 F/K/A Countrywide Home Loans ? Servicing, LP 07123/10 Vs dames D. Brennan alk/a James l Brennan 1. I ........ . l.... C? Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1590 CIVIL TEAM ai;4 s ubscribed before me,this 05 da of August, 2010 A. D. F>worn to BAC HOME LOANS SERVICING. L.P. j „?. F/K/A COUNTRYWIDE HOME LOANS P . SERVICING, L. vs. JAMES D. BRENNAN AIK/A JAMES Notary Public BRENNAN owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 9 EAST BEALE AVENUE, ENOLA, PA 17025- COMMONWEALTH OF PEN_N§)...,NSYi vrdJ.ti W OF P - .... _,.,.. ___ Notarie! Seai 2804 Parcel No. 09-15 -1291-230 shenie L. Kisner, Notary putal3c Lower Paxton Twp, Dauphin County (Acreage or street address) MY Cc?mmi'In Explres Noy 26 20J - ` Improvements thereon: RESIDENTIAL Member, rlenn lVanla ,-'? fi -------_ $y caa.lon of P#oterie, DWELLING JUDGMENT AMOUNT: $119,642.17 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2010-1690 Civil BAC Home Loans Servicing, LP MaVri-ie oyne, Edito F/K/A Countrywide Home Loans Y Servicing, LP VS. SWORN TO AND SUBSCRIBED before me this James D. Brennan 30 da of Jul 2010 a/k/a James Brennan Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-1590 CIVIL TERM, BAC HOME LOANS SERVICING, Notary L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. JAMES D. BRENNAN A/K/A JAMES BREN- NAN, owner of property situate in EAST PENNSBORO TOWNSHIP, NOTARIAL SEAL Cumberland County, Pennsylvania, DEBORAH A COLLINS COLT being 9 EAST BEALE AVENUE, EN PUMIC Notary OLA, PA 17025-2804. Parcel No. 09-15-1291-230. LICARLISLE OROUGH, CUMBERLAND COUNTY Improvements thereon: RESIDEN- MIM" bom Ap r 28.2014 TIAL DWELLING. JUDGMENT AMOUNT: $119,642.17. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff vs JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 10-1590 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP. Date: By: N, HALLINAN & CHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 232445 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff r° .7 ..'.' r.. BAC HOME LOANS SERVICING, Court of Common Pleas L.P. F/K/A COUNTRYWIDE HOME W LOANS SERVICING, L.P. Civil Division Plaintiff CUMBERLAND County vs No. 10-1590 CIVIL TERM JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP as successor Plaintiff for the originally named Plaintiff The material facts on which the right of succession and substitution are based are as follows: Plaintiff BAC Home Loans Servicing, LP has merged with and into Bank of America, N.A. under the provisions of the National Bank Act. Bank of America, N.A. is successor by merger to BAC Home Loans Servicing, LP and, as a matter of federal law, is deemed to be the same company as BAC Home Loans Servicing, LP and all rights, franchises, and interests of BAC Home Loans Servicing, LP in and to every type of property (real, personal, and mixed) and chores in action are transferred to and vested in Bank of America, N.A., without any deed or other transfer. Accordingly, the name of the plaintiff has changed to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP. BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. was successor to Countrywide Home Loans Servicing, L.P. by virtue of the corporate name change whereby Countrywide Home Loans Servicing, L.P. became known as BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. Kindly amend the information on the docket / Date: #/V11 / ',P 'ELAN, HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 232445 Attorneys for Plaintiff 6+ li\kaa ss 1-419(OSLID Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BAC HOME LOANS SERVICING, Court of Common Pleas L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Civil Division Plaintiff CUMBERLAND County vs No. 10-1590 CIVIL TERM JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, located 7105 Corporate Drive, Plano, TX 75024. Date: By PLAN, HAL N & SCHMIEG, LLP (/Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 232445 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P. F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1590 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: JAMES D. BRENNAN A/K/A JAMES BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 Date: N & SCHMIEG, LLP --A r1ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 232445 Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1590 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., as successor by merger to BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From JAMES D. BRENNAN a/k/a JAMES BRENNAN (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: $123,134.77 L.L.: Interest from 9/9/10 to Date of Sale ($20.24 per diem) -- $12,892.88 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $931.87 Other Costs: Plaintiff Paid: Date: 3/1/12 p David D. Buell, Prothonotary (Seat)Y Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC COURT OF COMMON PLEAS HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff : NO.: 10-1590 CIVIL TERM V. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/09/2010 to Date of Sale ($20.24 per diem) TOTAL Note: Please attach description of property. PHS # 232445 . CUMBERLAND COUNTY r tr ?? $123,134.77 M Z :kl- $12,892.88 > $;36,027.65 /j Plan Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff `V a8.go Pa ATt-( H1, ?o CBF 723,807 U-00 N. oo " 8.00 -%431.87 - Pu ATTY *a. as .Due Co a* ??(oa5?lllfoa4l(o 01081 W ? a ? L7 ? W d r ? ?' ? d a` s? ? w R d? o `? ? ?W? w ?dN ? ? Q ? a ? ? d ? ? ?a x Q Qo C,) d a ? W W ,? ,._, ? O H W a ?a ? a? ? ? O r? ? p ?? ? ? O ? U jWn? W W 'rlt 'rte r/1 d? ? y ? h ? a .? a ? H ? ?? H ?, p d 0 ?z ? ? Wp UW z? O? `??'? A Q ?V? :a ? ? ? ? ? ?? ? ? '? U ? ?- w 0 a? a? ?w ?? ? ?Y O ??w c ? o a ?? ? Order Dismissing Case (Form ordscs) (04/10) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): James D. Brennan Stephanie M. Brennan Debtor(s) Charles J. DeHart, III (Trustee) Movant vs. James D. Brennan Stephanie M. Brennan Respondent(s) Chapter Case No. ORDER DISMISSING CASE 13 1:10-bk-0 7 282-MDF Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and opportunity for hearing, that the case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and is hereby dismissed. Dated: February 17, 2011 By the Court, yy?? United States Bankruptcy Judge Case 1:10-bk-07282-MDF Doc 32 Filed 02/17/11 Entered 02/17/11 09:14:22 Desc Order Dismissing Case Page 1 of 1 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-1590 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S A. § 4904 relating to unsworn falsification to authorities. By: he Hallinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff C z M ?• c-' ? ? n ma _ C` .Z f_q 10 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FWA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-1590 CIVIL TERM v. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) CUMBERLAND COUNTY PHS # 232445 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804. Name and address of Owner(s) or reputed Owner(s): Name 2. 3 4. 5 JAMES D. BRENNAN AWA JAMES BRENNAN Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) -V3 9 EAST BEALE AVENUE rnco Zm - p ENOLA, PA 17025-2804 -<> C , r.- -tcD C-3 3 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) CUMBERLAND COUNTY ADULT I COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013 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. 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 TENANT/OCCUPANT Address (if address cannot be reasonably ascertained, please indicate) 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Z W/11 By: Phel Hallinan & Schmieg, LLP Jo Michael Kolesnik, Esq., Id. No.308877 ornev for Plaintiff BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP CIVIL DIVISION Plaintiff NO.: 10-1590 CIVIL TERM VS. . CUMBERL AND COU NTY JAMES D. BRENNAN A/K/A JAMES BRENNAN C = Defendant(s) {- MM z? ? -ar NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r-a°° --- C, TO: JAMES D. BRENNAN A/K/A JAMES BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 "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 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 is scheduled to be sold at the Sheriff s Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $123,134.77 obtained by BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1590 CIVIL TERM BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP vs. JAMES D. BRENNAN A/K/A JAMES BRENNAN owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 Parcel No. 09-15-1291-230 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $123,134.77 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin (set) on the Northern side of East Beale Avenue (50 feet wide) at the corner of Lot No. 39 on the here-in-after mentioned Plan of Lots; thence by Lot No. 39 North 33 degrees 43 minutes 00 seconds West a distance of one hundred fifty (150) feet to an iron pin (set) on the Southern line of Sharon Alley (15 feet wide); thence by Sharon Alley North 56 degrees 00 minutes 00 seconds East a distance of twenty-five (2.5) feet to an iron pin (set) at Lot No. 37 on said Plan; thence by Lot No. 37 South 33 degrees 45 minutes 00 seconds East a distance of one hundred fifty (150) feet to a drill hole; thence by East Beale Avenue South 56 degrees 00 minutes 00 seconds West a distance of twenty-five (25) feet to the place of BEGINNING. BEING Lot No. 38 on the Plan of Lots as laid out by Arthur R. Rupley and recorded in Cumberland County Deed Book'O' Volume 6, page 600. HAVING THEREON ERECTED a two and one-half story frame dwelling house. UNDER AND SUBJECT to all easements, reservations, restrictions, and rights of way of record. TITLE TO SAID PREMISES VESTED by Special Warranty Deed, dated 01/08/2008, given by Francis D Hockenbraugh and Susan M Hockenbraugh, husband and wife to James Brennan, single man and recorded 1/22/2008 Instrument # 200801168 PREMISES BEING: 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804 PARCEL NO. 09-15-1291-230 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO ' y i F BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE PHS # 232445 HOME LOANS SERVICING, LP DEFENDANT JAMES D. BRENNAN A/K/A JAMES BRENNAN SERVE JAMES D. BRENNAN A/K/A JAMES BRENNAN AT: 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 SERVICE TEAM/ Ixh 2012 APR 10 AM 10- U COURT NO.: 10-1590 CIVI tMRLAND COUNTY TYPE OF ACTION PENNSYLVANIA XX Notice of Sheriffs Sale SALE DATE: June 6, 2012 SERVED Served and made known to JAMES D. BRENNAN A/K/A JAMES BRENNAN, Defendant on the )2 ivoday of M ,20 12-, at "?;40 ,o'clock k. M., at BF.+L.E Al r=:, ?tfQC4, PA, in the manner described below: Defendant personally served. V Adult family member with whom Defendant(s) reside(s). Relationship is W I F E- . _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age A30 Height J_5 " Weight ?0 Race W Sex P Other I, 1Cp/0-0 Mau-, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: ` PRINTED NAME: ?B?C D t ?t0 LL TITLE: pto asS ap-A/E4 NOT SERVED On the _ day of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant - Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF . Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 y 2 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1590 CIVIL TERM RULE AND NOW, this day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this atter. THE CO T J. 232445 N WAN ?e fendant 1-14i \ dq der s hour (20) ;)]ages. no hea; Alison F. Wells, Lsq., Id. No. =19519 Phelan Hallinan & Schmieg, LL P 1617 JFK Boulevard, Suite 140 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? JAMES D. BRENNAN JA/K/A JAMES BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 Ves Ata, te G( Ak l 232445 232445 t i e{ ,: ? ram .. . Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff '. i y1-i tY FOR PLAINTIFF i Wf?tY VS. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant Court of Common Pleas : Civil Division : CUMBERLAND County ;. No.: 10-1590 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 21, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JAMES D. BRENNAN A/K/A JAMES BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 Phelan Hal 'nan & S eg, LLP DATE: B . sa J. Cantwell, Esquire Attorney for Plaintiff 232445 PHELAN HALLINAN & SCHMIEG, LLP Christy Donati, Esq., Id. No.0 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 t Jl ? L ? ?I L .. 10 NO T"'. Attorney for Plaintiff t. All EC: W D ` t.hF LHNID COUNT` ?.-.:asSYLVAt?II? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., AS SUCCESSOR BY CUMBERLAND COUNTY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS COURT OF COMMON PLEAS SERVICING, LP Plaintiff, CIVIL DIVISION V. No.: 10-1590 CIVIL TERM JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: Date: S ()?( wL- As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attac gd hereto Exhibit "A"". Christy Don ti, squire Attornev for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 232445 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-1590 CIVIL TERM V. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant(s) PHS # 232445 CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 9 EAST BEALE AVENUE, ENOLA, PA 17025-2804. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES D. BRENNAN A/K/A JAMES BRENNAN 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013 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) East Pennsboro Township 98 S. ENOLA DRIVE ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: I)-L' By -k)cw-? Phelan Hallman & Schmieg, LLP Christy Donati, Esq., Id. No.k(c62,$ Attorney for Plaintiff w d N .r O N b O ?O O z V N d Cl O op ? M ?o ?b ? ? a rn 0O N -a1U.? x x ? a .c :p c ,c a - O a II N r u 4) zQ0 y bans H . jE E 2 Sz ° u G. U L S O y C a U ? O ?+ y ? C?O ? E L ? b C c.v y cap 10?Eh 5 a ie E ? y 6q of y°E??y N ? U U ? y u 0.w O ?O Q„ ? O u_o h u o ? ? O T - z 0 M.E C " T W O W O .-'E 7y °OEE° U 0 0 .'D c E ?c Eo u ? u ? FF , C Hw aF+M a Q U a . 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CC u N Y U w N E ?y 'o h w U ?W O p A a C .p mg? ? . a 3 O H 4 •? W 71 W O ?+ Opp w O ? ? , N g ? A 5 y G ^^ O 0. Q ? YI t5Co on y G ?' On a W w cn v a ? Q v, AG a a>i o`"i4 ? $3 E• N oA° A 19 8 8JE ic o x? ??: o ?zd ?? ? a b °' a W .a Q '' z I= cc 00 Z q G.- 0 f1. Z WSW C Ha t i .o z * wti ? av'i aCi z :a ? zQ0 . a ?r N ?? ?£4 N O 0 r .? t 71 0 C "12 A" --8 AN' 9: Lt'. 'UMBERLAN'D COU l PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1590 CIVIL TERM PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on May 16, 2012 in the above referenced action. Phelan Hallinan , DATE: is ell , Esquire Attorney for Plaintiff 232445 .. Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff VS. JAMES D. BRENNAN A/K/A JAMES BRENNAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1590 CIVIL TERM CERTIFICATE OF SERVICE 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 party on the date indicated below. JAMES D. BRENNAN A/K/A JAMES BRENNAN 9 EAST BEALE AVENUE ENOLA, PA 17025-2804 DATE: Phelan Halli c ieg, LLP Allison el s, squire Attorney for Plaintiff 232445