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HomeMy WebLinkAbout10-1953Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Ll- +rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. NATHANIEL J. COOPER 53 BROAD STREET NEWVILLE, PA 17241-1522 Defendant THE H,""NflT ?Y 201Q )?r? 19 M 13: ; 3 ,4.,.'Vq T lv! ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. to - IgS5 l-iv+ l Te'm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 4ga. 00 PA AY W Mir gala 34s- 44 am 1,38 229235 File #: 229235 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 File #: 229235 Plaintiff is BANK OF AMERICA, N.A. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: NATHANIEL J. COOPER 53 BROAD STREET NEWVILLE, PA 17241-1522 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 12/02/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1933, Page 2302. 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 12/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 229235 6. The following amounts are due on the mortgage: Principal Balance $115,945.06 Interest $10,734.02 11/01/2008 through 03/18/2010 (Per Diem $21.34) Attorney's Fees $650.00 Cumulative Late Charges $575.85 12/02/2005 to 03/18/2010 Costs of Suit and Title Search 550.00 Subtotal $128,454.93 Suspense Credit $0.00 Escrow Credit $0.00 Deficit $2,582.81 Subtotal $2,582.81 TOTAL $131,037.74 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 229235 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $131,037.74, together with interest from 03/18/2010 at the rate of $21.34 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 Byld2 ? Lawrence T. Phelan, Esq., Id. No. 32227 ?rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 229235 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the South Ward of the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a p.k. nail set in the concrete sidewalk along Broad Street, and at the dividing line between the within described premises and property now or formerly of Leslie J. Fickes, at or near a division line in the concrete pavement, and which point is South 70 degrees 32 minutes 49 seconds West 38.75 feet from the curb line of Pennsylvania Avenue; thence along line of land now or formerly of Leslie J. Fickes, South 19 degrees 45 minutes 16 seconds East 80.67 feet to a p.k. nail set in a concrete sidewalk at the rear of the within described premises at line of land now or formerly of Floyd A. Hurley and Annie C. Hurley; thence along line cf land now or formerly of Floyd A. Hurley and Annie C. Hurley, South 70 degrees 32 minutes 49 seconds West 31.01 feet to an iron pin at line of land now or formerly of Raymond R. Heckman and Kathleen B. Heckman; thence along line of land now or formerly of Raymond R. Heckman and Kathleen B. Heckman, North 19 degrees 45 minutes 16 seconds West 80.67 feet to a p.k. nail set in the concrete sidewalk along Broad Street; thence in said sidewalk along Broad Street, North 70 degrees 32 minutes 49 seconds East 31.01 feet to the point and place of BEGINNING. CONTAINING 2,501 square feet and being described according to a survey by Eric L. Diffenbaugh, R.S., dated December 17, 2002, revised December 18, 2002, prepared for Douglas Jeffries, a copy of which is recorded in Deed Book 255, Page 710. File #: 229235 BEING improved with a dwelling house, known as and numbered 53 Broad Street, Newville; together with and subject to the rights-of-way of record. BEING the same premises which JESSE R. SMITH AND ANGELA M. SMITH, by Special Warranty Deed dated December 9, 2004, and recorded December 16, 2004, in Book 266, Page 3665, granted and conveyed unto STACI A. SUMMERS, in fee. PARCEL NO: 28-21-0361-044 PREMISES: 53 BROAD STREET File #: 229235 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: / Attorney for Plaintiff File #: 229235 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~"...,. Ronny R Anderson ti3'~"~ Sheriff ~ot~~tit,, ct ~iiau~r,„~~~~ (~ ~~''~{~~'V~~ Jody s smith ZOi4 MAR ~ ~~ ~; ~ Chief Deputy -- Edward L Schorpp Solicitor '~~` - t~-;~~+~a'y~~'{~~1 ~~. Bank of America, NA Case Number vs. 2010-1953 Nathaniel J. Cooper SHERIFF'S RETURN OF SERVICE 03/22/2010 08:58 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2010 at 2055 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nathaniel J. Cooper, by making known unto himself personally, at 53 Broad Street, Newville, Cumberland County, Pennsylvania 17241 its contents and a the same ti handing to him personally the said true and correct copy of the same. MARK ON LIN, DEPUTY SHERIFF COST: $38.80 March 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ,ci Coi.i a.i t~ Shi t F:~:. ;c ,#t. inc. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF AMERICA, N.A. Plaintiff v. NATHAI~TIEL J. COOPER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/30/2010 to Date of Sale ($21.99 per diem) TOTAL O ~a~.oo Pp q~ ~3 •oo ~~ pa•00 (~• 00 " 3 •Sd ~ 1 ?D • So - Po b`rrl Note: Please attach description of property. PHS # 229235 $d.oo ~ b 'SO U, ~~gss9~9 COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1953-CIVII,-TERM CUMBERLAND COUNTY $136,541.70 /1 -1 C) ~~ s° $131,934.02 ~`',~~~ 2 902.68 r-' .~~ -~ c_ i 0 ~.a Attohfey 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. S874S [7~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 ~e~awago~ ~ ~ ~~ :j a ;-T, _, ~;-rte,, ~_. .~ ._,_, -,; v a~ y N ,~ N ~ W .~-~ ~" ~ ' ~ ~E" N ~ ~ W ti~¢ F a a'"i WSW 3 z¢~ N o ~ H ~ b ¢ M W ¢ z~z o~ ~a w ~' a ~' a~ oa H O U7 pOV ~~ O~ UW H ~ ~1 U d z ~Uy W w d fr, ,~ Oa W a O -~ U ~' ti ~ ~ ~ -Wr w '~ A d z 0 U W ~ O o F ~ L W 3° O ~ w °° a 0 [~ ~ ~p O~ O~ ~ ~ M N ~ N ~ ~ pp ~ ~ M O~ ~ ~ ~ ~ O N M~~ G~ OMN l~oO~zNN p cs,z o oz ozo~ornNN~o 0 0'.° c oz a,ozzbzb o c ~~ ozz Q,zzv~' ` a.-,ti~s7 ^ ^zzzooz~ti-d v~.d~ti ^ °''~~w aWbbbzb ~y"c ~~w ~ EWWW^o `., ^a.,o.~b o"WW~WW ~ Y~~~~~ ~ ~ ~ ~ ~ ~' ~ ~0.' A •~aa'~~aa~~~~~~~v'~°Y'o rya a.~ °'viN~~r~Ap;'C o~'~C`7' ~C7 ~C~ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorneys for Plaintiff One Penn Center Plaza ~~~-~~~-' ~~~~ Philadelphia, PA 19103 215-563-7000 ~~+Q ~~,,~ , I ~~'~ 10~ BANK OF AMERICA, N.A. Ci.3P,~:; COURT OF COMMON PLEAS ~_ ~'J~'f Plaintiff F,_.. ,`~;,~'„r , ,.,~~~, . CIVIL DIVISION v. NO.10-1953-CIVIL-TERM NATHANIEL J. COOPER Defendant(s) 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: ( ) 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. i 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 ^ J.oshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 BANK Off, AMERICA, N.A. I~'laintiff V. NATHANIEL J. COOPER Defendant(s) E:I~~ :~.. -.,,~ ~~;~, 20i~ J~~~~~ - ! ~M l0~ 14 r"~~. ~ .._~~~~.~~ !l`<< COURT OF COMMON PLEAS CIVIL DIVISION NO.10-1953-CIVIL-TERM CUMBERLAND COUNTY PHS # 229235 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., 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 53 BROAD STREET, NEWVILLE, PA 17241-1522. 1 2 3 4. 5 Name and address of Owner(s) or reputed Owner(s): Name NATHANIEL J. COOPER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 53 BROAD STREET NEWVILLE, PA 17241-1522 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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 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 53 BROAD STREET NEWVILLE, PA 17241-1522 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 ^ 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 ,y BANK`OF AMERICA, N.A. Z~1~~=a~-1 AMfQ~ I~t vs. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO.10-1953-CIVIL-TERM ~i~.4e ~ ~~,~~•~I NATHANIEL J. COOPER r E-:'~',~, ,_,~~, ~,~,,; CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NATHANIEL J. COOPER 53 BROAD STREET NEWVILLE, PA 17241-1522 **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 53 BROAD STREET, NEWVILLE, PA 17241-1522 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 $131,934.02 obtained by BANK OF AMERICA, N.A. (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 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. 10-1953-CIVIL-TERM BANK OF AMERICA, N.A. vs. NATHANIEL J. COOPER owner(s) of property situate in the BOROUGH OF NEWVILLE, Cumberland County, Pennsylvania, being (Municipality) 53 BROAD STREET. NEWVILLE. PA 17241-1522 Parcel No. 28-21-0361-044 " (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,934.02 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 i LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the South Ward of the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a p.k. nail set in the concrete sidewalk along Broad Street, and at the dividing line between the within described premises and property now or formerly of Leslie J. Fickes, at or near a division line in the concrete pavement, and which point is South 70 degrees 32 minutes 49 seconds West 38.75 feet from the curb line of Pennsylvania Avenue; thence along line of land now or formerly of Leslie J. Fickes, South 19 degrees 45 minutes 16 seconds East 80.67 feet to a p.k. nail set in a concrete sidewalk at the rear of the within described premises at line of land now or formerly of Floyd A. Hurley and Annie C. Hurley; thence along line of land now or formerly of Floyd A. Hurley and Annie C. Hurley, South 70 degrees 32 minutes 49 seconds West 31.01 feet to an iron pin at line of land now or formerly of Raymod R. Heckman and Kathleen B. Heckman; thence along line of land now or formerly of Raymond R. Heckman and Kathleen B. Heckman, North 19 degrees 45 minutes 16 seconds West 80.67 feet to a p.k. nail set in the concrete sidewalk along Broad Street; thence in said sidewalk along Broad Street, North 70 degrees 32 minutes 49 seconds East 31.01 feet to the point and place of BEGINNING. CONTAINING 2,501 square feet and being described according to a survey by Eric L. Diffenbaugh, R.S., dated December 17, 2002, revised December 18, 2002, prepared for Douglas Jeffries, a copy of which is recorded in Deed Book 255, Page 710. TITLE TO SAID PREMISES IS VESTED IN Nathaniel J. Cooper, single person, by Deed from Staci A. Summers, dated 12/02/2005, recorded 12/06/2005 in Book 272, Page 1181. PREMISES BEING: 53 BROAD STREET, NEWVILLE, PA 17241-1522 PARCEL N0.28-21-0361-044 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1953 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Plaintiff (s) From NATHANIEL J. COOPER (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 $131,934.02 L.L.$.50 Interest from 4/30/10 to Date of Sale ($21.99 per diem) -- $2,902.68 Atty's Comm Due Prothy $2.00 Atty Paid $170.50 Other Costs Plaintiff Paid Date: 6/1/10 1 David D. uell, Prothonotary (Seal) By: 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 Te 1 ephone: 215-563-7000 Supreme Court ID No. 81760 L + BANK OF AMERICA, N.A., PLAINTIFF V. NATHANIEL J. COOPER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1953 CIVIL ORDER OF COURT AND NOW, this 14`h day of July, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 5, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ~Jenine R. Davey, Esquire Attorney for Plaintiff ~ Nathaniel J. Cooper 53 Broad Street Newville, PA 17241-1522 bas ~~ M. L. Ebert, Jr., J. n `~ ; ' -_ r ,. o =~ r_ ,~= -r 1 ~`1 _ ~~~^^l ,-_- ;_~, `r .. w +~ t" ~ Av(~3 Pic K : o! r ~, `~~-. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF AMERICA, N.A. Plaintiff v. NATHANIEL J. COOPER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.10-1953-CIVIL-TERM CERTIFICATION OF SERVICE 229235 i I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August 5, 2010 was sent to the following individual on the date indicated below. NATHANIEL J. COOPER 53 BROAD STREET NEWVILLE, PA 17241-1522 Phelan Hallinan & Schmieg, LLP DATE: 2 ~ 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 229235 AFFIDAVIT OF SERVICE (FHLMC) ~~ PLAIN'I~F CUMBERLAND COUNTY BANK OF AMERICA, N.A. PHS # 229235 DEFENDANT SERVICE TEAM/ lac NATHANEEI, J. COOPER COURT NO.:10-1953-CIVII,-TERM SERVE NATHANIEL J. COOPER AT: TYPE OF ACTION 53 BROAD STREET XX Notice of Sheritlf's Sale NEWVH,LE, PA 17241-1522 SALE DATE: 09Ii00l2010 SERVID Served and made known Ua NATHANIEL J. COOPER ,Defendant on the day of Tli I~l E . 20 ,1Q, at ~S~ o'clock ~ M., at 53 BR d/M $?•~NRuWU,t:~ AA in the manner descn~bed below: V Defendant personally served. C~ ^~ Adult family rrarmber with whom Defendant(s) reside(s). gym; ; i Relationship is - +~ ~ ~. ~ : ~ _ Adult in charge of Defendant's residence who refused to give name or relationship. ' -'' _ ManagerK7erk of place of lodging in which Defendant(s) reside(s). ~ _ ~ : '; _' Agent or person r.n charge of Defendant's office or usual place of business. `- '6 _ an officer of said Defendant's company. ~` - , ~ ~ , -~~ _-:~ Description: Age 30` Height ~ ~ ~ Weight ~ 3S Race (N Sex M Other = _ ~' t ~ c.;, ~ . ` I, D ~b ~ , a competent adult, being duly sworn according to law, depose and state that I .U personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth barr=io, issued in the captioned case on the date and at the address indicated above. Sworn to and subsgibed before me this l ~ day Kl~,'y~;~~L,Y C~~JRTY of uN 20 ~~ Nq`rF~ Rl' PI.HLIC Notary:.. y: .: ~~~;~~ ~ N lti'1RE:S 1v1ARCH 7, 2013. NOT SQ2Vl. D ~ , 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: Sworn to and subscribed before me this day of ~_. gy; Notary: ATTORNEY FOIL PL.,-~VT1tFF r..a.a r. nru.~ ~ It „. a~tn r~ir s e.i~ m.. ru+. aes 1raYG 8~i64. Y.llaii7LS . yll3de ~Ll~{g„~NweW J~ilY7 a~a~,fry,liW~AfyS S~ee81 f'. SY4Ja1, dF. li. M- Q7Y Jape t Dnef. ~. ti Na iJdl lass f.Ir~a~ f~y.lili~ALV! .us~~.aary,~wf~ rs~x were spy, Y. rw. son A~Baw L 8~iwd, fry, Y. Nw Mm Jie McLtiY~sy 6y. rL NalO34 1a~rw.rre r. w.r.ti fry, ~ ri. y~or Ji~L6dra4f~y,8ll~7af1A ~d4 L ~aR~„ yL Nw7WH A~G~rr~Kar1e MN ~JM~R r ~S M MIaL~M (ZLS)SQ7~ SHERIFF'S OFFICE OF CUMBERLAN[) COUNTY FILED-OFFICE Ronny RAnderson CF THE PPROT ONoTAR`t' Sheriff ?att'????' 'O: Jody S Smith l01QQ?+ ?r I iz 1i8°o y} Chief Deputy ` CUMBERLAND COWW'j'. Richard W Stewart Solicitor Bank of America, NA vs. Nathaniel J. Cooper Case Number 2010-1953 SHERIFF'S RETURN OF SERVICE 06/23/2010 05:10 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1505 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 Nathaniel J. Cooper, located at, 53 Broad Street, Newville, Cumberland County, Pennsylvania according to law. 07/01/2010 09:25 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 7/1/10 at 2125hours, 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: Nathaniel J. Cooper, by making known unto, Nathaniel J. Cooper, personally, at, 53 Broad Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/13/2010 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 September 8, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, 8200 Jones Branch Drive, Mail Stop 202, McLean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 784.02 SHERIFF COST: $784.02 October 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 7 w ?- J.6-010j, eo. SD && ??' 7577 ,? a?9s?r9 ±c; GountySuite Shent Teleosoft _ Inc. BANK OF AMERICA, NSA. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 10-1953-CIVIL-TERM NATHANIEL J. COOPER Defendant(s) CUMBERLAND COUNTY PHS # 229235 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF AMERICA, N.A., 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 53 BROAD STREET, NEWVILLE, PA 17241-1522. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) NATHANIEL J. COOPER 53 BROAD STREET NEWVILLE, PA 17241-1522 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 record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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. 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) TENANVOCCUPANT Domestic Relations of Cumberland County 53 BROAD STREET NEWVILLE, PA 17241-1522 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. eg 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 ? Judith T. Romano, Esq., Id. No. 58745 Q"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 BANK OF AMERICA, N.A. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 10-1953-CIVIL-TERM NATHANIEL J. COOPER : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NATHANIEL J. COOPER 53 BROAD STREET NEWVILLE, PA 17241-1522 "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 53 BROAD STREET, NEWVILLE, PA 17241-1522 is scheduled to be sold at the Sheriff's Sale on 09/0812010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $131,934.02 obtained by BANK OF AMERICA, N.A. (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 enterer You may also ask e . o? urt 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 gd 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 i 4 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1953-CIVIL-TERM BANK OF AMERICA, N.A. vs. NATHANIEL J. COOPER owner(s) of property situate in the BOROUGH OF NEWVILLE, Cumberland County, Pennsylvania, being (Municipality) 53 BROAD STREET, NEWVILLE, PA 17241-1522 Parcel No. 28-21-0361-044 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $131,934.02 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the South Ward of the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a p.k. nail set in the concrete sidewalk along Broad Street, and at the dividing line between the within described premises and property now or formerly of Leslie J. Fickes, at or near a division line in the concrete pavement, and which point is South 70 degrees 32 minutes 49 seconds West 38.75 feet from the curb line of Pennsylvania Avenue; thence along line of land now or formerly of Leslie J. Fickes, South 19 degrees 45 minutes 16 seconds East 80.67 feet to a p.k. nail set in a concrete sidewalk at the rear of the within described premises at line of land now or formerly of Floyd A. Hurley and Annie C. Hurley; thence along line of land now or formerly of Floyd A. Hurley and Annie C. Hurley, South 70 degrees 32 minutes 49 seconds West 31.01 feet to an iron pin at line of land now or formerly of Raymod R. Heckman and Kathleen B. Heckman; thence along line of land now or formerly of Raymond R. Heckman and Kathleen B. Heckman, North 19 degrees 45 minutes 16 seconds West 80.67 feet to a p.k. nail set in the concrete sidewalk along Broad Street; thence in said sidewalk along Broad Street, North 70 degrees 32 minutes 49 seconds East 31.01 feet to the point and place of BEGINNING. CONTAINING 2,501 square feet and being described according to a survey by Eric L. Diffenbaugh, R.S., dated December 17, 2002, revised December 18, 2002, prepared for Douglas Jeffries, a copy of which is recorded in Deed Book 255, Page 710. TITLE TO SAID PREMISES IS VESTED IN Nathaniel J. Cooper, single person, by Deed from Staci A. Summers, dated 12/02/2005, recorded 12/06/2005 in Book 272, Page 1181. PREMISES BEING: 53 BROAD STREET, NEWVILLE, PA 17241-1522 PARCEL NO. 28-21-0361-044 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1953 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A., Plaintiff (s) From NATHANIEL J. COOPER (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 $131,934.02 L.L.$.50 Interest from 4/30/10 to Date of Sale ($21.99 per diem) -- $2,902.68 Atty's Comm % Due Prothy $2.00 Atty Paid $170.50 Plaintiff Paid Date: 6/1/10 (Seal) Other Costs David D. Buell, Prothonotary By: 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 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA, Known and numbered as, 53 Broad Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affant 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. ?' , i -_ a,:::: _?_ ? Writ No. 2010-1953 civil - isa Mane Coyne, Editor Bank of America, NA Vs. SWORN TO AND SUBSCRIBED before me this Nathaniel J. Cooper 30 da of Jul 2010 Atty.: Daniel Schmieg j By virtue of a Writ of Execution ( 0 _? NO. 10-1953-CIVIL-TERM, BANK OF " 6 AMERICA, N.A. vs. NATHANIEL J. Notar COOPER, owner of property situate in y the BOROUGH OF NEWVILLE, Cum- berland County, Pennsylvania, being 53 BROAD STREET, NEWVILLE, PA 17241-1522. Parcel No. 28-21-0361-044 2800- TARIAL SEAL O 0192 . Improvements thereon: RESIDEN- ORAH A COLLINS TIAL DWELLING. Notary Public F JUDGMENT AMOUNT: $131,934- UGH, CUMBERLAND COUNTY CARLISLE 02. n E*M Apr 20, 2014 The Patriot-News Co. 2A2A Te?ti„otogy mwy, Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*0t'WX(W5 Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2010-1963 Civil Term 07/09/10 Bank of America, NA 07/16/10 vs y Nathaniel J. Cooper 07/23/10 Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1953- CIVIL-TERM BANK OF AMERICA, N.A. vs. NATHANIEL I. COOPER Sworn to anO,??cribed before me t is Q,51day of August, 2010 A.D. owner(s) of property situate in the BOROUGH OF NEWVILLE, Cumberland County, - i Pennsylvania, being i (Municipality) Notary Public - 53 BROAD STREET, NEWVILLE, PA 17241- 1522 Parcel No. 28-21-0361-04428010192 COMMONWEALTH OF PENNSYLVANIA (Acreage or street address) Notarial Seal Improvements thereon: RESIDENTIAL Sherrie L. Kisner, Notary Public DWELLING Lower Paxton Twp., Dauphin County JUDGMENT AMOUNT: $131,934.02 My Commission Expires Nov. 26, 2011 Member. Pennsvlvania Association of -Notaries' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan MtgCorp 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 Ist day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 1953, at the suit of Nathaniel J Cooper against Federal Home Loan Mtg Corp is duly recorded as Instrument Number 201029001. IN TESTIMONY WHEREOF, I have hereunto set my hand _7f7 and seal of said office this day of A.D. do/ C ,.\ of Deeds dpv s, Weft d 0wq,, CsrA* PA Recordet ?* Expires fire Fiat MWdq d Jea 2014