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Home My WebLink About10-19191 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. WILLIAM M. MARKLEY LINDA A. MARKLEY 244 NORTH 32ND STREET CAMP HILL, PA 17011-2810 Defendants FlL.ED-o? C£ OF TH- pc,0-6r)pgOTAW 2010 MAR IS PH Z: 0$ C.t,`'di tjil ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 191q a-. V i t ?rxm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O *ga. oo PA ATW Cic* 01139S5_ p1* a3go18 229057 File #: 229057 0 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 229057 • 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM M. MARKLEY LINDA A. MARKLEY 244 NORTH 32ND STREET CAMP HILL, PA 1701.1-2810 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/01/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED ACTING SOLEY AS A NOMINEE FOR SLM FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1961, Page 4277. By Assignment of Mortgage recorded 02/24/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 201004670, Page. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2009 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 #: 229057 • 6 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $102,483.47 Interest $6,292.00 07/01/2009 through 03/17/2010 (Per Diem $24.20) Attorney's Fees $650.00 Cumulative Late Charges $282.59 08/01/2006 to 03/17/2010 Costs of Suit and Title Search 550.00 Subtotal $110,258.06 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $4,843.87 Subtotal $4,843.87 TOTAL $115,101.93 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 #: 229057 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 premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $115,101.93, together with interest from 03/17/2010 at the rate of $24.20 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: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? urtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 229057 • LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough, County of Cumberland, Commonwealth of Pennsylvania bounded and described as follows to wit: ALL THAT CERTAIN tract or lot of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Market Street and South 17th Street (formerly Cumberland Street); thence in a southerly direction along the western line of South 17th Street 30.75 feet to a point; thence in a westerly direction and through the center line of a double frame house, 105.4 feet, more or less, to a point; thence in a northerly direction 32. 1 feet to an iron pin; thence in a northeasterly direction 64.3 feet to a corner of wall on the southern line of Market Street; thence in a southeasterly direction along the southern line of Market Street 79.8 feet to a point, the place of BEGINNING. HAVING thereon erected thereon one-half of a double frame house known as and which has the address of 4 South Seventeenth Street, Camp Hill, PA. 17011. BEING the same premises which Robert H. Barkley, a single man, by Deed dated May 31, 2005, and recorded June 3, 2005, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 269, Page 1063, granted and conveyed unto William M. Markley and Linda A. Markley, husband and wife Mortgagors herein. PARCEL NO: 01-22-0536-067 PREMISES: 4 SOUTH 17 TH STREET File #: 229057 ... 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. DATE: 7 / Attorney for Plaintiff File #: 229057 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BAC HOME LOANS SERVICING, L.P. Plaintiff COURT OF COMMON PLEAS v WILLIAM M. MARKLEY LINDA A. MARKLEY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: CIVIL DIVISION NO. 10-1919-CIVIL-TERM CUMBERLAND COUNTY $118,687.03 _~ c`a c._ ..i _~ ~~ -, ; ~~- ,__; Amount Due Interest from 04/28/2010 to Date of Sale ($19.35 per diem) TOTAL $d'~.oo PQ A'rrl 9 ~ ~ o o (',BF' ga.oo ~~ 1.00 `~ a.~ .. t ~aa3.so _ Po Aml Note: Please attach description of property. PHS # 229057 ~a.oo pc,e (~ • so u.. ek,~ 95(od8~ ~-# a4a 403n R.E .(~~ `~8~a-c.~ Attorney for Plainti~fJ 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 ^ dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 c-~ c..... ~, ::~ ~v ~ o ~ o cd a~N ~N ~ ~G~O W ~O ~ ¢ ~Ma Ma . ~xa ~x~ H~ Hd °z~ A°z~ ~~ y ~ 3NU ~ -1NU Iii ~1 a O U G~ O a ~z W a F W U a FBI V a W O~ ~a U W W .-. ~" ~ ~~A a~ 3a U W ~ O H ~ 0 W a~ O ~ W U a O .~ N~nv,~ ~ ,~ o~~rn~~oMo N O~ O p~ ~ l~ _ M M O h o M~~ p oho O M N ~~~ z N N O ,~az2z~y ozoho~ o~~ZZ~ oZb „~ ^ ^ ~ 1 ~ °.~~W ~Wbb~zb ° ~'o o.Q'w J ~W W W~tiW.a~~'WbW.~4 ~~W W a~i w ~ ~ ~ ~ w O ~ W W v rn k. ~ ~ ~ c~ a'= °~v]~~~aaA~Y'w o~'~C`7' ~C7 ~U Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 ~~~~,~ . ,_,,..•~. One Penn Center Plaza ,~ ~ ~- ~- _ - ; ,, ;~F~"Y Philadelphia, PA 19103 215-563-7000 2Q ~ ~ `~+ ~~ _ ~ ~,.y ~~; ~ BAC HOME LOANS SERVICING, L.P. CJ(;t~_:; -r, ~~,y;~~ Plaintiff r , '~ , '• ~~ ;~~, v. WILLIAM M. MARKLEY LINDA A. MARKLEY Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.10-1919-CIVIL-TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. .- By: Attorney for Plain iff 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 ^ dith T. Romano, Esq., Id. No. 58745 [~Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, L.P. ~ Plaintiff v. WILLIAM M. MARKLEY LINDA A. MARKLEY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.10-1919-CIVIL-TERM CUMBERLAND COUNTY PHS # 229057 AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4 SOUTH 17TH STREET, CAMP HILL, PA 17011-4805. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM M. MARKLEY LINDA A. MARKLEY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ~ o =ri ascertained, please so indicate) ~, `=+ c _ --a =.- .:~~~ 244 NORTH 32ND STREET ~ ~, !-'-- CAMP HILL, PA 17011-2810 - '- : ; ~ , 244 NORTH 32ND STREET _ 4,. ' x„ --~- -'~ -. CAMP HILL, PA 17011-2810 "'~ ~- ~? ==~ 1.... ...-~ ~i ly "'L. 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. ~ 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 4 SOUTH 17TH STREET CAMP HILL, PA 17011-4805 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. '?~ Ma 2010 .-.. 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 ^ dith T. Romano, Esq., Id. No. 58745 ~Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 BAC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS a Plaintiff : CIVIL DIVISION vs. : NO.10-1919-CIVIL-TERM WILLIAM M. MARKLEY CUMBERLAND COUNTY LINDA A. MARKLEY . Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM M. MARKLEY LINDA A. MARKLEY 244 NORTH 32ND STREET 244 NORTH 32ND STREET CAMP HILL, PA 17011-2810 CAMP HILL, PA 17011-2810 **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 4 SOUTH 17TH STREET, CAMP HILL, PA 17011-4805 is scheduled to be sold at the Sheriff s Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, ~utl~Ianmver Street, Carlisle, PA 17013 to enforce the court judgment of $116,094.13 obtained by BAC HQ~E L~ANS., SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an anno~cemeri~auill made at said sale in compliance with Pa.R.C.P. Rule 3129.3. ! r' r=v .. 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 hap~ned, 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 a SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1919-CIVIL-TERM BAC HOME LOANS SERVICING, L.P. vs. WILLIAM M. MARKLEY LINDA A. MARKLEY owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 4 SOUTH 17TH STREET CAMP HILL PA 17011-4805 Parcel No. 01-22-0536-067 Control No. 01002793 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $116,094.13 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough, County of Cumberland, Commonwealth of Pennsylvania bounded and described as follows to wit: ALL THAT CERTAIN tract or lot of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Market Street and South 17th Street (formerly Cumberland Street); thence in a southerly direction along the western line of South 17th Street 30.75 feet to a point; thence in a westerly direction and through the center line of a double frame house, 105.4 feet, more or less, to a point; thence in a northerly direction 32. 1 feet to an iron pin; thence in a northeasterly direction 64.3 feet to a corner of wall on the southern line of Market Street; thence in a southeasterly direction along the southern line of Market Street 79.8 feet to a point, the place of BEGINNING. HAVING thereon erected thereon one-half of a double frame house known as and which has the address of 4 South Seventeenth Street, Camp Hill, PA. 17011. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES IS VESTED IN William M. Markley and Linda A. Markley, h/w, by Deed from Robert H. Barkley, a single man, dated 05/31/2005, recorded 06/03/2005 in Book 269, Page 1063. PREMISES BEING: 4 SOUTH 17TH STREET, CAMP HILL, PA 17011-4805 PARCEL NO.Ol-22-0536-067 Control No. 01002793 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1919 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP., Plaintiff (s) From WILLIAM M. MARKLEY and LINDA A. MARKLEY (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 $116,094.13 L.L.$.50 Interest from 4!28/10 to Date of Sale ($19.35 per diem) -- $2,592.90 Atty's Comm % Due Prothy $2.00 Atty Paid $223.50 Other Costs Plaintiff Paid Date: 6!1!10 J David D. Buell, Pro onotary (Seal) gy. Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, 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. 81760 ~ • ,~ i JUL 141010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. Court of Common Pleas Plaintiff Civil Division v. . .CUMBERLAND County WILLIAM M. MARKLEY LINDA A. MARKLEY No. 10-1919-CIVIL-TERM Defendants RULE AND NOW, this day of S 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. w ~~ ~ ti 2- ( ~-~ '~ s ~ ~ c_ ~Z~c_ ~ ` ~l ~ f ~ t1'~ . Rule Returnable , C ' a. BY THE COURT ~~ ~ J /''~ l ,) C.-.~ i.l c ~ ~; ~ _ -{ ._ _ ~, `~- .~ - ; i ~ ~= = ' . ~ ~~ `~ ~ ~~ . 22907 ~ L~`Kd~ ~ - f'yla,-~~~1 ~picS ~.a.l~ 7/~~/~~ ~~ S F~I! 6~+ . ~. TI ~_ 2010 ~U~ --3 f~' ~ -t ~s r fib- 3 l~~'{' ~ Ci.t~v`,~ ". , .4V~~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff v. WILLIAM M. MARKLEY LINDA A. MARKLEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.10-1919-CIVIL-TERM CERTIFICATION OF SERVICE 229057 y I hereby certify that a true and correct copy of the Rule Returnable dated July 14, 2010 was sent to the following individual on the date indicated below. WILLIAM M. MARKL,EY WILLIAM M. MARKLEY LINDA A. MARKLEY LINDA A. MARKLEY 244 NORTH 32ND STREET 4 SOUTH 17TH STREET CAMP HILL, PA 17011-2810 CAMP HILL, PA 17011-4805 Phelan Hallinan & Schmieg, LLP C DATE: Z 0 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 229057 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P. CUMBERLAND COUNTY Plaintiff, ~a COURT OF COMMON PLS ~ -; v. ;- . ~~ CIVIL DIVISION ` ~ ~- WILLIAM M. MARKLEY LINDA A. MARKLEY No. 10-1919-CIVIL-TER1Yl~~ ;' `" `S Defendant(s) ~ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 _ ~ - ~.9~ ;~ COMMONWEALTH OF PENNSYLVANIA ) cQ PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached~ieret ~,Exl~i'~it A". ^ Lawrence T. Phel n, q., Id. No. 32227 ^ Francis S. Hallinan, sq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ udith T. Romano, Esq., Id. No. 58745 ~3heetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~/~ Attorney for Plaintiff Date: ~f 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 # 229057 ..e+u,t: auu Ynelan liallinen & Schmieg, LLP Address ~ 16171F1C Boulevard, Suite 1400 Of Sender One Penn Center Plaza ' Philedelnhia PA 19103 rn~risr.F . nomann~n csr.u Line Article Number Npage of Addreae Stree and Post Office Address P e Fee 1 **** TENANT/OCCUPANT 4 SOUTH 17TH STREET CAMP PA 17011-4805 2 «*«* Dometic Relations oP e ~ "' Cnmberland County h O N ~, 13 North Hanover Street ~~ Nr Carnal PA 17013 z 3 **** Commonwealth ofPennaylvania ~ ~~ Department of Welfare P.O. Box 2675 I m Harriabu PA 17105 ~ t 4 **** United States Interval Revenue g SperaalProcedure Branch ~ o ~ Federated Invvstora Tower 03.Gru5 0 0 13th Floor, Suite 1300 , 1001 Liberty Avenue s Plttsbu b 'PA 19222 5 **** U.S. Department of Jusdce U.S. Attoroey for the Middle District of PA Fedora! Bulidin$, P.O. Box 11754 228 Walnut Street Harrisbu PA 17108 6 7 8 9 10 11 12 ,~ 13 ._ it ]4 ~ 15 : WIL MARKLEY CUMBERLAND TEAM 3 PHS1i 229057 `. `-`~ y 5 Topl Number of ~ .. Fiestas Patmastar, Per (Name of Tb tWl declarationof vabte u xqui~sd ao dl domeatia and ioretastionsl reptlered mail The rory' pyabN . Pieta Listed 6Y Sendar .. .Aeykti~d ss Post Oe'ice Reteivma Employee) for the reooashucdoa of sons k datumsnp code{ eaoWb &prau Mail dooutemteaeoaWnctlo~a l6WOea is 550.000 per to a limt[ of 5500.000 ooaorerma 1Le awumam (ndemmW WY~o mP~rer M^il muohaudiat M 5500. i ~ 0e ,~ 1 :r:.. '( k max iodeioniry WYab roystered eaail, soot with optlmal ;^•••••^~s. 9ee Domaatie Mali Maoual 8900 9913 eud 5921 for ledtatiom of eo AFFIDAVIT OF SERVICE (FNMA) PI.AiIVT>FF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P. PHS ~ 229057 ~~ DEFENDANT SR-RViCE TEAM/ lae WII~ iAM ~ MARIO EY COURT NO : 10-1919~CIVII.-TERM LINDA A. MARKI.EY SERVE WII.LIAM M. MARBLEY AT: TYPE OF ACTION 24t NORTH 32ND STREET 7QC Notice d SLeriR'a Sale CAMP HQ.L, PA 17011-2810 SALE DATE: OIYOB/1010 ~7 SERVED !~ Served and made known oo wna1AM M. RKLEY Defendant on the ~.~`day of .T" ~! ~ . Z(- . 3' ~t °~ ~ 30, o clods ~ M., at ~ ~ N ~ 3,2"'t ST'. ht i• u. t PA , in the manner described below: -- • /Defe~dantperaonally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s)- _ Agent or person in charge of Defendant's office or usual place of business. : _; an officer of said Defendant's company. -_~ De~crirpt~ion: Ages Height ~D`3'' weight 17o Race IN sex [N Other I, %KD ~l~}'tiD u- a oompeteirc adult, being duly sworn according to law, depose and state that 1 pers~ally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case an the date and at the address indicated above. _ Vacant _ Bad Address _ Moved _ Does of a (N _ No Answer ~ at ~ ~ _ . - Service Refused Other: - Sworn to and subscribed before me this day of . ~_• Notary: By= NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT POiJND because: N Resid of Vacant) Sworn to and subscQbed before me [Iris 17~0~1T day of 'fig ti+~., 1s2.~ By~ KIMBERLY CORTY NOTARY PUBLIC STATE OF NEW 31;RSEY MY COMMISSION EXPIRES MARCH 7, 2013 ATfOt:NNBY FOR PLAIIPPIItF ~...~ r.Ifel~ es. r: n-~ n..a,s. a~a~... aR, a w. see nor u sa.~y, oa. tt N.. aes ~eaa~ w. aee.+, ~. r: N. ew i.aa T. ate., ate, ~a n. siw s-.w ~ srr,>r, gs. f t r. anw JaYea.Dn~ aK,li l'4 S7KI r..e s 7fYr, a,a. Y. w. ease vr..a a~wr.ti es. ~ w aam ~a.~a4,~ar.aear [uQ s ^web. 4. r. w.. scan e.i.. ~ sM~~*. ew, ~ r. swr ~ r ~. e+oc. r. ~ a,., ~ n. e a x otir...rr~ ~. air., ate, r. w s«a, i, r r. r. c a r... ~. a H. am n a•a•4 a: a. , ss. r. w. scnr e.in.c~rti ti>`sans oetia~r arr. wr~r.r. s~r.ur errreyri.,rema}nn+ . amsav~ n~ t- ~.v, ~ P ;~ _~r-~ '- G~ ~ ':~ ..' ~ ~.W - s_ AFFIDAVIT OF SERVICE (> ~M~E~D COUNTY PI.AIIV7'IFF BAC HOME LOANS SERVICING, L.P. P1LS 0 ~~ cr~eyr[~+' TEAM/ lac 1~iDANT COURT NO.:10-1919-CIVIIrTF•RM WII.1.lAM M. IyARKI~Y I,iNDA A. MARIQ.E]' SERVE LINIDA A. MARSI,EY AT: TYPE"OF ACTION 1A4 NORTH 32ND STREET R% Notice of Sheriff's Sale CAMP IIILL, PA 17011-2810 SALE DATE: 0!/08!2010 ~,.~ Cw. SERVED Defendant on the ~ day of ~.~.~ ~ (~ at Served and made known ee N ~ M t ~ . DAB in the manner described blow: .~ J o'clock ~. M., at 33 S'~ '~'lP.~ ~~ Defendant personally served. T Adult family member' whom Defendant(s) reside(s). Relationship is _~~, $~d21 D Adult in charge of Defendant's residwce who refused to give name or relationship. - ManagerliClerk of place of lodging in which Defendant(s) reside(s)- -` , _ Agem or person in charge of Defendam's office or usual place of business. an officer of said Defendant's company. -_ Other - Description: Age ~8Y Height ~ •• W~P,~ 1~ 0 ~ (,t/ ~x M Other ~ ~Lr~ d k . a oomperem adult. being duly sworn aooording to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicate+i above. Sworn to and subscribed beforo me this day ~~ I D~ of .20 C~'C~X NOS' By. NOT SER On the day of . 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) _ No Answer o~ at at _ _ .. . _ Sccvice Refused Other. Sworn to and su¢sc~ibed before rzx th~ ~Y of-~N By: ATTORNEY FOR PI.ADYl'IFF Iv r..w.sr.e+~r..aw..riN.sun sA.d.a,r.~.-ay,r~N•~ n..a s aer.rm a+. ~ rw crag erase w an+Nd. era. ra>r. fan ~.rar.wristt~.iix.~ sree>dr.a+d.e~te~.riwa~,ee Joie R Dnq, rtr•, LL tier rfM- Jas t Trr, bF. id. !i- f3e-T V Iwt aiwiq <aF. ~ Na ]Ki3r KIMBERLY CURTY ,bz,t~.^,.YH••~ NOTARY PUBLIC reerJ:ra.eb.t~s.rirr.erar Ammar L ~.6{.1i.1'M. i1t1'1 STATE OF NEW JERSEY ~r ~~~~~ N1Y COMMISSION EXPIRES MARCH 7, 2013 ~.r.tc.r..,r~~r.asn (7e~esgL D~ 6y, fi. N.. aura gM~iww G~yli~~rit~l~yy 0~~, ri l~la »15 K17Ji1• s~ ~ °'~+ S~ NM peaeielpeY.TA tll6ril~ (~ISiS7Me ~., ~.~ ~ 1 -. ~1 _ - ~,,~ __ --~ ~ _ ~ .:' ~ t. ~ -. '~ . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~4~~,ta of ~irmbrT,~~~~ ~ -~-, e. fir; ~~ ~F y , ~ j.'-, s~~,~e ~-~~E sH~~)~F FE~~~-aF~EC~ ~ T~~ ~F;~;~1~i~~~~~0 6AR~ Jody S Smith Chief Deputy. Richard W Stewart Solicitor 20~J OCT 14 ~~110~ ! !s ~'~t~SYL.V~iill~ BAC Home Loans Servicing, LP vs. William M. Markley (et al.) Case Number 2010-1919 SHERIFF'S RETURN OF SERVICE 06/26/2010 09:08 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0900 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William M. & Linda A. Markley, located at, 4 South 17st Street, Camp Hill, Cumberland County, Pennsylvania according to law. 06/26/2010 09:32 AM -Michelle Markley, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0925 hours, she 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: Linda A. Markley, by making known unto, William M. Markley, husband of defendant, at, 244 North 32nd Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/26/2010 09:32 AM -Michelle Markley, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 0925 hours, she 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: William M. Markley, by making known unto, William M. Markley, personally, at, 244 North 32nd Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX 75265, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 806.25 SHERIFF COST: $806.25 SO ANSWERS, October 11, 2010 RON R ANDERSON, SHERIFF a .oD ~d . Lo , . sD ~- ~, Lit 7~(oDS" ,~ ~ ~9 ~~3 (c) CounfySuite Sheriff. Telecsotf. Inc. ~ BAC HOME LOANS SERVICING, L.P. ~ Plaintif'r v. WILLIAM M. MARKLEY LINDA A. MARICI.EY Defendant(s) . COURT OF COMMON PLEAS CIVIL DIVISION NO.10-1919-CIVIL-TERM CUMBERLAND COUNTY PHS # 229057 AFFIDAVIT PURSUANT TO RULE 3129.1 BAC ROME 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 infozmation concerning the real property located at d SOUTH 17TH STREET, CAMP HILL, PA 17011-4805. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) WILLIAM M. MARKLEY 244 NORTH 32ND STREET CAMP HILL, PA 17011-2810 LINDA A. MARKLEY 244 NORTH 32ND STREET CAMP HILL, PA 17011-2810 2. Name and address of Defendant(s) in the judgment: Name Address'(if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of recard: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. ~ 7. Name~and address of every other person of whom the plaintiffhas 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 4 SOUTH 17TH STREET CAMP HILL, PA 17011-4805 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 1304 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 1?108 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 2010 By: Attorney for Plaintii~' 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 ^ drth T. Romano, Esq., Id. No. 58745 ~3heetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 870?7 ^ 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 w BAC HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. WILLIAM M. MARKLEY LINDA A. MARKLEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM M. MARKLEY LINDA A. MARKLEY 244 NORTH 32ND STREET 244 NORTH 32ND STREET CAMP HILL, PA 17011-2810 CAMP HILL, PA 17011-2810 * *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 4 SOUTH 17TH STREET, CAMP HILL, PA 17011-4805 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 $116,094.13 obtained by BAC HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late chazges, 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. NO.10-1919-CIVIL-TERM CUMBERLAND COUNTY 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. r 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. 10-1919-CIVIL-TERM BAC HOME LOANS SERVICING, L.P. vs. WILLIAM M. MARKLEY LINDA A. MARKLEY owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 4 SOUTH 17TH STREET. CAMP HILL, PA 17011-4805 Parcel No. 01-22-0536-067 Control No. 01002793 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $116,094.13 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Camp Hill Borough, County of Cumberland, Commonwealth of Pennsylvania bounded and described as follows to wit: ALL THAT CERTAIN tract or lot of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Mazket Street and South 17th Street (formerly Cumberland Street); thence in a southerly direction along the westenn line of South 17th Street 30.75 feet to a point; thence in a westerly direction and through the center line of a double frame house, 105.4 feet, more or less, to a point; thence in a northerly direction 32. 1 feet to an iron pin; thence in a northeasterly direction 64.3 feet to a corner of wall on the southern line of Market Street; thence in a southeasterly direction along the southern line of Mazket Street 79.8 feet to a point, the place of BEGINNING. HAVING thereon erected thereon one-half of a double frame house known as and which has the address of 4 South Seventeenth Street, Camp Hill, PA. 17011. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES IS VESTED IN William M. Markley and Linda A. Mazkley, h/w, by Deed from Robert H. Barkley, a single man, dated 05/31/2005, recorded 06/03/2005 in Book 269, Page 1063. PREMISES BEING: 4 SOiTTH 17TH STREET, CAMP HILL, PA 17011-4805 PARCEL NO.Ol-22-0536-067 Control No. 01002793 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1919 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP., Plaintiff (s) From WILLIAM M. MARKLEY and LINDA A. MARKLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRII'TION . (2) You are also duected 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 $116,094.13 Due Prothy $2.00 Interest from 4/28/10 to Date of Sale ($19.35 per diem) -- $2,592.90 Atty's Comm Atty Paid $223.50 Plaintiff Paid Date: 6/1/10 (Seal) REQUESTING PARTY: L.L.$.50 Other Costs avid D. Buell, rothonotary By: Deputy Name: SHEETAL R. SHAH-JANI, 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. 81760 ;. .~: \ `. 1;;;~' V` On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, 4 South 17~' Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: c~~.~. Real Estate Coordinator ,_ -; ,, - ., , f, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (iJnder 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 Januazy 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 regulaz 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 aze true. wm xo. polo-i9i9 ciii BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP vs. William M. Markley Linda A Markley Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1919-CIVIL-TERM, BAC HOME LOANS SERVICING, L.P. va. WILLIAM M. MARKLEY, LINDA A. MARKLEY, owners of property situ- ate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being 4 SOUTH 17TH STREET, CAMP HILL, PA 17011-4805. Parcel No. 01-22-0536-067. Control No. 01002793. Improvements thereon: RESIDEN- TIAL DWELLING. JUDC3MEIVTAMOUNT:X116,094- .13. r •-- isa Marie Coyn ,Editor SWORN TO AND SUBSCRIBED before me this 0 day of July. 2010 Notary NOTARIAL SEA A~w DEBORAH A COLLINS Notary Public CMLI8LE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apt 28, 201 ~ ~ The Patriot-News Co. 2020 Technology Pkwy . Suite 300 ' Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c~he~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and Existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 dates} 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 errlpowered 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. 2010-1919 Civil Term 07/09/10 fAC Home Loans Servicing, LP FACJA Countrywide Home Loans 07/16/10 Servicing, LP 07/23/10 Vs William M. Markley Linda A Markley Atty: Daniel Schmfeg ' ' ' ' ' ' ' ' ' ~ ' By value of a Writ of Execution N0.10-1919- ' clvn.-TERM Sworn to and' bscribed before me is ay of August, 2010 A.D. BAC HOME LOANS SERVICING, L.P. f vs. f WILLIAM M. MARKLEY "~----"~!"V 1,C1~ r `~ ~ j -~ ~'7 C '`--- --- LINDA A. MARKLEY ' owner(s) of property situate in the BOROUGH Notary Public OF CAMP HILL, Cumberland County, Pennsylvania, being ~:01s'if`~9~!'di~dC~,i~il CF r~FIidSYLVMIIA (Municipality) -~. Notnrlel Seal 4 SOUTH 17TH STREET, CAMP HILL, PA Sherrie L. Kisser, Notary Public 17011-4805 Lower Paxton Twp., Dauphin County PazcelNo. 01-22-0536-067 _ t"-y Commission Expires Nov. 26, 2011 Control No. 01002793 ~'A~~~icx; °~nnsylv;nla Assc•;clatian of Notaries (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $116,094.13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 1st day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Tenn, 2010 Number 1919, at the suit of BAC Home Loan Servicing LP against William M & Linda A Mar:kley is duly recorded as Instrument Number 201029357. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,~~_day of (~(';~~ , A.D.~-C7 ( G V Recorder of Deeds Recorderot~eede-CunbeilmdCa~CeAMt~,ly1~ „:' My commission 6~~.~iatMoa4rdin,aoN n , ~,, ~?~' TH~~p ~ "~ ~~ ~ 1'~ f ~ , Z~~III~?O~T 25 ~~ !l~ ~ ~? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P Plaintiff Court of Common Pleas Civil Division v. WILLIAM M. MARKLEY LINDA A. MARKLEY Defendants PRAECYPE CUMBERLAND County No.10-1919-CIVIL-TERM 229057 TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on July 13, 2010 in the above referenced action. DATE: I ~ ~'~ ~~ By: Hallinan & Schmieg, LLP L Brice T. Phelan, Esc}!, Id. No. 32227 r cis S. Hallinan, Es ., Id. No. 62695 ^ 'el G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 229057 .< ... ..r €~~~ ~'f~~f' ~ Tf-9~'0 T~~ ~, Z~~OQCT25 A~1~~ ! '°uP~~C~LAr'~i~ ~l1~~T ~' Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. 5chmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P. Plaintiff ATTORNEY FOR PLAINTIFF . Court of Common Pleas Civil Division v. WILLIAM M. MARKLEY LINDA A. MARKLEY Defendants . No.10-1919-CIVIL-TERM CERTIFICATE OF SERVICE CUMBERLAND County 229057 .~ ~~ I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. WILLIAM M. MARKLEY LINDA A. MARKLEY 244 NORTH 32ND STREET CAMP HILL, PA 17011-2810 WILLIAM M. MARKLEY LINDA A. MARKLEY 4 SOUTH 17TH STREET CAMP HILL, PA 17011-4805 Hallinan & Schmieg, LLP DATE: ~ ~'~ 0 By: ^ La ce `T. Phel~xi, Escl/, Id. No. 32227 ^ Fr ci S. Hallinan, Es ., Id. No. 62695 ^ D 'el . Schmieg, Esq., Id. No. 62205 ^ Mice M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 []/Sheetal R. Shah-Jani, Esq., Id. No. 81760 a 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 229057