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Home My WebLink About10-2081F1LEf}Y+' FK;E T THE PRJTHCNOTARY 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 228820 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JAMES WALKER JACKIE WALKER 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 Defendants File #: 228820 2010 MAR 26 AN 11: 42 =^t PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 -61081 aT rm CUMBERLAND COUNTY 0 4g4.00 PA A'TT4 Ce 9x 538 V# a!q*67 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 #: 228820 1. Plaintiff is BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES WALKER JACKIE WALKER 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 08/21/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200733262. By Assignment of Mortgage recorded 02/26/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200905342. 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 10/01/2009 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 228820 6. The following amounts are due on the mortgage: Principal Balance $151,248.11 Interest $6,029.05 09/01/2009 through 03/24/2010 (Per Diem $29.41) Attorney's Fees $650.00 Cumulative Late Charges $197.08 08/21/2007 to 03/24/2010 Costs of Suit and Title Search $5-50-00 Subtotal $158,674.24 Suspense Credit $0.00 Escrow Credit ($547.26) Deficit $0.00 Subtotal ($547-26) TOTAL $158,126.98 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 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 228820 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $158,126.98, together with interest from 03/24/2010 at the rate of $29.41 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: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 228820 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated May 28, 1957, as follows: BEGINNING at a stake on the northern side of Schlusser Avenue, said stake being 700 feet in an easterly direction from the northeastern corner of the intersection of said Schlusser Avenue and Wood Avenue; thence in a northerly direction along the eastern line of Lot No. 23 in the hereafter mentioned Plan of Lots, a distance of 110 feet to a stake; thence in an easterly direction along the southern line of property now or formerly of George H. Schlusser, a distance of 75 feet to a stake; thence in a southerly direction along the western line of the eastern 25 feet of Lot No. 21, a distance of 110 feet to a stake; thence in a western direction along the northern line of said Schlusser Avenue, a distance of 75 feet to a stake, the place of BEGINNING. BEING all of Lot No. 22 and the Western half of Lot No. 21 in the Plan of Lots known as Valley View Extension, said Plan of Lots being recorded in the Recorder's Office of Cumberland County, in Plan Book No. 6, Page 6. HAVING THEREON ERECTED a one and one-half story frame dwelling house known and numbered as 157 Brookwood Drive, Carlisle, Pennsylvania. SUBJECT to the building restrictions and covenants as set forth in said Plot Plan. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. PARCEL NO. 29-16-1092-004 PREMISES: 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113 File #: 228820 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. r rney for Plaintiff DATE: L?4-t P File #: 228820 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Loll,, of ?uuit!er?f d RL r.,4 . , fl T? ?_? hXICD AR 2019 MAR 31 A1") 8: 10 BAC Home Loans Servicing, LP Case Number vs. Jackie Walker 2010-2081 SHERIFF'S RETURN OF SERVICE 03/29/2010 09:29 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2010 at 2126 hours, he served a true copy of the within Complaint in Mortga a oreclosure, upon the within named defendant, to wit: Jackie Walker, by making known unto Ph Ills Ike , Mother in law at 157 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania 17013 it onte is an at the same time handing to her personally the said true and correct copy of the same. n ,DEPUTY SHERIFF COST: $33.40 March 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF .?i Ceu^.tvS,?ite She??'f 72ra„S:ft Irc ~~t)F Iy~f~aET}~ ~~~ 2Q10 MAY 13 AM' E: 18 ~Ci~i~~~L~~~i~ 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., ld. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff vs. JAMES WALKER JACKIE WALKER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2081 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 228820 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Sc ieg, LLP attorney for Plaintiff ^ wrenc~T. Phelan, Es , Id. No. 32227 ^ r ncis S. Hallinan, Es ., Id. No. 62695 ^ iel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., ]d. No. 69849 ^ Ju ith T. Romano, Esq., ld. 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 Date: 5-10-10 PHS #: 228820 Y VERIFICATION t t~ yy~~ ,hereby states that he/she is p{~~m~ of BAC Home Loans Servicing, L.P., servicing agent for Plaintiff in this matter, BAC Home Loans Servicing, L.P., that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of l 8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: APR 1 9 2010 Name: Liss Wickser--Asst Sec:netary Title: Servicer: BAC Home File #: 228820 Loans Servicing, L.P. Name: JAMES WALKER, JACKIE WALKER 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. Plaintiff JAMES WALKER JACKIE WALKER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2081 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JAMES WALKER 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 PHS #: 228820 JACKIE WALKER 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 Date: 5-10-10 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff n LJ a - T. Phelan, Es~j., Id. No. 32227 ^ r ncis S. Hallinan, E , Id. No. 62695 ^ niel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., 1d. 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 PHS #: 228820 ;-~~ Tl-r ; ;~, ~ , ' r~~y ZQ10 J~~ -~ ~;~~ ~G~ 2? ~,~ F~~~~v~~~+w, °~.I„ 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., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. JAMES WALKER JACKIE WALKER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2081 CIVIL TERM ~i~.o~~r~LA~f c~ Qsa'rss R~ ova 3s~s ~+c~ may ~L PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES WALKER, and JACKIE WALKER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $158,126.98 Interest - 03/25/2010 to 06/04/2010 $2,117.52 TOTAL $160,244.50 I hereby certify that (1) the Defendant's last known address is 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113, and (2) that notice has been giv in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquir Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ PHS # 228820 PROTHONOTAR 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., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2081 CIVIL TERM JAMES WALKER JACKIE WALKER VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES WALKER is over 18 years of age and his last known residence is 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113. (c) that defendant JACKIE WALKER is over 18 years of age and her last known residence is 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ^ Lawrence helan, 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 ^ She al R. Shah-Jani, Esq., Id. No. 81760 ^ Je me R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised BAC HOME LOANS SERVICING, L.P., F/K/A CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, L.P. COURT OF COMMON PLEAS vs. JAMES WALKER JACKIE WALKER CIVIL DIVISION No. 10-2081 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this ma ^ 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 ^ She tal R. Shah-Jani, Esq., Id. No. 81760 ^ J ine R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** BAC HOME LOANS SERVICING, L.P., F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. CIVIL DIVISON Plaintiff NO. 10-2081 CIVIL TE~ v. JAMES WALKER JACKIE WALKER Defendant(s) TO: JACKIE WALKER 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 DATE OF NOTICE:1kIay 18, 2010 CUMBERLAND COUNTY ~e1° ,;,.~.,. ::; ~ . THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NpT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. PHS # 228820 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. P n, ., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju ith 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228820 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P Plaintiff v JAMES WALKER JACKIE WALKER Defendants} TO: JAMES WALKER 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 DATE QF NQTICE: May 18, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2081 CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YpU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS. CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST .YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIZiNG 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. PHS # 228820 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .~ By: Lawrence T. P ela sq., 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 ~ieetal R. Shah-Jani, Esq., Id. No. 81760 Jemne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 228820 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME COURT OF COMMON PLEAS LOANS SERVICING, L.P. • Plaintiff CIVIL DIVISION v JAMES WALKER JACKIE WALKER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/05/2010 to Date of Sale ($26.34 per diem) TOTAL ~ai,y . p 0 Ck" a,T~y ~~~~35~ ~~y~3~ 9 s',Z. d0 cam ,B~ s /y- 6 d n ii `/D N ~r a 33. ~~ s33,y0 ~~ a ,t . Sd P d a,~.~ r~q . 3d Pd. ~y a-~.o0 ~~-c-~ s' , 5'b .D ~ c ,L~. NO. 10-2081 CIVIL TERM CUMBERLAND COUNTY ~ ° ,. '_ 's'. o ~ $160 244 50 ~7 F ~' r~ :Y= L.. ~= - , . ~~ _ ~-- : r~ ~ . ~"` ` ~1 4 925.58 ;, ~ ~ , .C;, _ .,~ > ~: _ ~: <<a , ~ $165 170 08 ~ , . Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 D~ancis 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., [d. 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., [d. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 228820 a a z V ~4 W O x w F O V d w~ w O~ ~a a W az ~ z W U ~H a O~ ~ O~q Q d W c O ~ •~ x~ xa H~ d ~v ~ > a~ i y ° T w .--, > .--n w .-r > .-r C G W 1 1 VI ~ ~. ~ wr woo oo W O Q 3a ` [, O Q w3a L ,~ N . ,,.a Qow ~ Sow ° °~ w~~ w ~ xo~o~ ti ~ U ~ ~ U z p 0 ~ ~ ,n N ~ h pip ~ ^, M ~ ~ ~ ~ 00 V M N N ~~~ l~ M M O~ ~ O Z 0 0 0 ~p ~p p 00 O M N ~~ °~ N N O W ~ abzz'~°zb o o °~ ozZ o;ZZb c o ~bb ~.~ ~zzz~zb~w~~ ai `o ~wwwbW..: ~c~;d ~ww ~ww~ aa~ 3w w~ ~ ~ ~~° c ~www ~w ~ ~w ~ ~:a p,7 -d W b~A .~ ~ a' ici v pq ~ ~ c~a ~ ~ vi v ~ •~ ~ ~ ~ CG d ~ ~ a ~ F-H x cn pG Q E'" > ~ ~ C7 ~ C7 ti a ~. ~ a ^~a^^^^^^^a^^^^^^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorneys for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 ~~~-~~ ' "~' ~ roc ?l~~ ~' ~} ..- ..r,~~,~, 215-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUN~TRYWID~E ~. ~~ COURT OF COMMON PLEAS HOME LOANS SERVICING, L.P. CUP~i~~ t ,, .rt;.~y,, .~~;~d-~, Plaintiff iJ~~,;,\~Y1..~J~ C~=.r:`~: CIVIL DIVISION v• NO. 10-2081 CIVIL TERM JAMES WALKER CUMBERLAND COUNTY JACKIE WALKER Defendant(s) . 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. By Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ La rence T. Phelan, Esq., Id. No. 32227 rands 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 ~~AC~IOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff v. JAMES WALKER JACKIE WALKER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2081 CIVIL TERM CUMBERLAND COUNTY PHS # 228820 AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES WALKER JACKIE WALKER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 157 BROOKWOOD DRIVE ~ vw CARLISLE, PA 17013-1113 :~ `r~ f '~ 157 BROOKWOOD DRIVE f 7 ~- c_ r- ~`~ CARLISLE, PA 17013-1113 `~"' ~` a-, Ct ~.. `•~j ~~~, ~: ~,, _ ~ -_ ;_ _, Address (if address cannot be reasonably ~ ~? c.: ': ascertained, please so indicate) cy~: ..~ 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. ~~. `-~ 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 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 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 l 8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. July 8, 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 BAC HOME LOANS SERVICING, L.P., F/K/A COURT OF COMMON PLEAS COUNTRYWIDE HOME LOANS SERVICING, L.P. . CIVIL DIVISION Plaintiff NO. 10-2081 CIVIL TERM vs. JAMES WALKER JACKIE WALKER CUMBERLAND COUNTY Defendant(s) _ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ f~ .c_ ": ! ~ P"' 6T1 T TO: JAMES WALKER r1 `~ - P;'~' JACKIE WALKER ~~ ~_ = -- _ 157 BROOKWOOD DRIVE '' "_ ~' ~ - CARLISLE, PA 17013-1113 ~{ :~ c,.~;~' ~- . • ~;; :.~ c * *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, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113 is scheduled to be sold at the Sheriffs Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $160,244.50 obtained by BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said»sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will leave 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. b. 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. 10-2081 CIVIL TERM BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. JAMES WALKER JACKIE WALKER owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland (Municipality) County, Pennsylvania, being 157 BROOKWOOD DRIVE. CARLISLE, PA 17013-1113 (Acreage or street address) Parcel No. 29-16-1092-004 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $160,244.50 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated May 28, 1957, as follows; BEGINNING at a stake on the northern side of Schlusser Avenue, said stake being seven hundred (700) feet in an easterly direction from the northeastern corner of the intersection of said Schlusser Avenue and Wood Avenue; thence in a northerly direction along the eastern line of Lot Na. 23 in the hereafter mentioned Plan of Lots a distance of one hundred ten (110) feet to a stake; thence in an easterly direction along the southern line of property of George H. Schlusser, a distance of seventy-five (75) feet to a stake ;thence in a southernly direction along the western line of the eastern twenty-five (25) feet of Lot No. 21, a distance of one hundred ten (110) feet to a stake; thence in a western direction of seventy-five (7S) feet to a stake, the place of Beginning. BEING all of Lot No. 22 and the Western half of Lot No. 21 in the Plan of Lots knawn as Valley View Extension, said Plan of Lots being recorded in the Recorder's Office of Cumberland County, in Plan Book No. 6, Page 6. Having thereon erected a one and one-half story frame dwelling house known and numbered as 157 Brookwood Drive, Carlisle, Pennsylvania. SUBJECT to the building restrictions and covenants as set forth in said Plot Plan. TITLE TO SAID PREMISES IS VESTED IN: JAMES WALKER AND JACKIE WALKER, HUSBAND AND WIFE BY DEED FROM DAVID KNOWLTON, MICHAEL KNOWLTON AND STEVEN KNOWLTON, DATED 08/21/2007, RECORDED 08/24/2007, INSTRUMENT # 200733261. PREMISES BEING: 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113 PARCEL N0.29-16-1092-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-2081 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From J/4M~8 WALKER AND JACKIE WALKER (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$160,244.50 L.L.$.50 Interest INTEREST FROM 06/05/2010 TO DATE OF SALE ($24.34 PER DIEM) - $4,925.58 Atty's Comm Atty Paid $209.30 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 3ULY 16, 2010 (Seal} REQUESTING PARTY: Dav , Prothon By: Deputy Name FRANCIS S. HALLINAN, 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. 62595 v 0 tV t+~ y ~ J ~c_'oc~ ~~~~ ~ ~c: ~- z '~ a F ~ O ~ O w ,;, ~z¢~ 0 PLAINTIFF BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. PHS # 228820 DEFENDANT SERVICE TEAM/ kxc JAMES WALKER COURT NO.: 10-2081 CIVIL TERM JACKIE WALKER L'? C SERVE JACKIE WALKER AT: TYPE OF ACTION T~ i~" 157 BROOKWOOD DRIVE XX Notice of Sheriff's Sale ' _"' -.- CARLISLE, PA 17013-1113 SALE DATE: 12/08/2010 I,_' SERVED Served and made known to JACKIE WALKER ,Defendant on the day of 7k L ~, 20 16~~ at.: l f 5 , o clock ~. M., at I S7 g2ao k wco~ ~_ uS ~ PA, in the manner described below: Defendant personally served. °~;' / Adult family member with whom Defendant(s) reside(s). Relationship is SgA~A _ 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. n.~ a3. -~-i i tom" __ ,T. e -- 3 lr..> _ ~ ^ ;_, _ Other: Description: Age A50 Height 51t1,• Weight ~ J~D Race w Sex M Other I, ~81V~}'~~ Md (.~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su^bs'cLr.ibed before me this ~~• day of ar. , 20[0. N ' By: NOT SERVED On the da , 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 fore me this day ~~ B of Y~ NOtary: ATTORNEY FOR PLAINTIFF Lawrence T. Phehm, Eeq., Id. No. 32227 F'eecb S. IlaBman, Esq., hL No. 62695 Daniel G. Schndeg, Esq., b. No. 62205 Mhdwlc M. Bsadtord, Esq., hi. No.69649 Jaditl~ T. Rowrno, Esq., Id No. 56745 Shcelel R Shah-Jeri, Esq., Id. No. 81760 Jesdne R Davey. Esq., b. No.87077 Lemon R Tehas, Esq., Id. No.93337 Vhek S~iveNava, Eeq., M. No. 202331 Jay B. Jones, Esq., Id. Nw 86657 Peter J. Molrahy, Esq., hi. No. 61791 Andrew L. SPivach, Esq., W. No. 84439 Jaime McGuhuws, Esq, hi. No. 90134 ChshnveYMe P. FBakos, Esq., Id. No.94620 Joshw L GoWneaa, Esq., h1 Nw 205067 Canstany R Dunn, Esq., Id. No.206779 Andrew G BramDiell, F~a..1d. No. 208'.175 One Penn Ceeta at Se n Slalbn 1617 John R Kennedy Blvd., Sufic 1400 PhiYdelPhia, PA 19103-1814 (215)563-7000 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY ~AFF1D/iVIT O"F SERVICE PLAINTIFF CUMBERLAND COUNTY BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. PHS # 228820 DEFENDANT SERVICE TEAM/ lcxc JAMES WALKER COURT NO.: 10-2081 CIVIL TERM JACKIE WALKER SERVE JAMES WALKER AT: TYPE OF ACTION 157 BROOKWOOD DRIVE XX Notice of Sheriff s Sale ~ ~; CARLISLE, PA 17013-1113 SALE DATE: 12/08/2010 ~, ("-, rt SERVED "' ; ~ Y' ~~ Served and made known to JAMES WALKER ,Defendant on the 2~'~day of N (. , 20 Vin; at ~ ,ri: IS ,o'clock. M., at 157 ~QaokWadA ~DR~~A.uSt,EFP~ in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). ~ _ Relationship is ~ " _ _ Adult in chazge of Defendant's residence who refused to give name or relationship. - ~t ,,. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Descri tion: Age ~ Height ~t([ ~~ Weight SO Race W Sex ~ Other v I, IH(~fl 0(,1., a competent adult, being duly sworn according to law, depose and state that I personally ~3 handed a true and convect copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned .:, case on the date and at the address indicated above. v a ~ Sworn to and subscribed Q -~ ~ ~ ', before me this1Co'~ day ~.~/,/ ~ ~~ of L 2010. C J t/v G'~~f :a '` i• .Z ~.u }Q~z N $ :~ a o Q c~ NOT SERVED w z ~ ~ On the da , 20_, at o clock _. M., Defendant NOT FOUND because: ~ F~ ~ ~ Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) T No Answer on at " - at Service 12efused Other: Sworn to and subscribed offore me this ~~ day B Y~ Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan. Esq., Id. No. 32227 Franck S. IlaBhum, Esq„ Id. Nw 62695 Dankl G. Sdmdeg, FBq., hL No.62205 Mkhde M. Bradford, Esq., Id. No.69649 Judith T. Romano, Eaq., W. No. 50745 Sheetal R Shah-Janf, Eeq., Id. No. 61760 Jmbre R 1lavey, Esq., hl. No.87077 Lamm R Tuba; Esq., hi. No. 93337 Vivek Srivastava, Esq., Id. No. 207331 ]ay B. ]ones, Feq., hi. No. 86657 Peter J. Mulcahy, Esq., hi. No. 61797 Andrew L Sgvack Esq., hi. No. 84939 Jahne McCular,en, Eaq„ hL No. 90134 ChrkovaYale P. FWkos, Esq„ W. Nu.94620 Jashaa L Goldman, Esq., ht No. 206047 canrtenay R I)m4 Faq. Id. No.206779 Andrew G Bsambloty Esq Id. Na Z08375 16 7 Jdm Fem. ICmnedyuDBm~Uan~~ IS ~ Philaddplda, PA 19103-1614 (215) 5637000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC HOME LOANS SERVICING, L.P., F/K/A CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION' JAMES WALKER No.: 10-2081 CIVIL TERM JACKIE WALKER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA 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) 'oil each of the persons or parties named, at that address, set forth on the Affidavit and as amended i1' applicable.A copy of the Certificate of Mailing (Form 3517) and/or Certified Nail Return Receipt stamped by the U.S. Postal Service is attached hereto ? Lawrence T. Phelan, Esq.; Id. -No. 32227 ? Francis S. Hallinan, Esq., Id. No. 6-62695 ? 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 Cr ? Jenine R. Dave; . 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 Zourtenay R. Dunn, Esq., Id. No. 206779 d ',? Andrew C. Bramblett, Esq., Id. No. 208375 ?? Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It pray not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS #228820 R. O O C/) ,.. W U C Q, Q R,i r T3 L Z VV1 z¢o sue'" ooo+G 000 r L7?}} F.i d Q r+l Z O L. ? b d !? v Ct, CAS C W •? bn a?. ..r ++ '., G ? VA Oa cn c? ; o cc p? E- o c? -o a? CJ c? .ty ° ci d Q .N V] w': ?. n ahi G. LO O ' y r' G Q O x d 3° N ° v i C cz a U ND ?w a?_x to a; o'?' L a° cc n _ ?ocz .ob?s?+a?AdL3.? 0..; E' L GA .y ... L .? y L 00 ;, °':? Wqd o ?Z o m? w c aQ MO??'?? det {1, Q G. ter. ?'-". ?-•i U. Q. UM.t u U Q Or ?i r? C/] ?Tr .-•? .-? U a X -% -X U b y cd. ?n -r3 d'(D d o - CJ ` \ s :? p F G M J 'il (IB TS vi ?y?,ppp?? G r ?iTry;+ m K ; / 9 y 2 F f\. F ll - I G ? S 7 G ? O Y G N N O ? G C .? O Gam. O.O. -00N r O J G W ttl 7 : O' O. O G J p o' . X49 O J L O ? c1. U ry ? Vl O N N ? ? may. O N r? O Ci W '17 -? Y b N .. ? m 4? 'R ^J. M IW U Q ti T ro S ? ti c a '? ? I W o d .? N G Cz+ `" v CL F- N.. G U y- T II O O I ?a Z b'I Ir I ,ii rl •--? O..eJ VAC DOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff V. JAMES WALKER JACKIE WALKER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2081 CIVIL TERM CUMBERLAND COUNTY PHS # 228820 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was 'filed, the following information concerning the real property located at 157 BROOKWOOD DRIVE, CARLISLE, PA 170113-1113. Name and address of Owner(s) or reputed Owner(s): Name 2. 3 4 5 JAMES WALKER JACKIE WALKER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1.113 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQ. PROBATION_ CARLISLE, PA 17013-3337 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name 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 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 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 lmmwledge 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 unsworri falsification to authorities. X'o t Inn ,o J,,. 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 ? S;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 I Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? ChrisovalanteP. Fliakos, Esq:, Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? C urtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff vs JAMES WALKER JACKIE WALKER Defendant TO THE PROTHONOTARY: Attorney For Plaintiff Court of Common PAi" Civil Division CUMBERLAND Courtwe) _ c) c 'bp - No. 10-2081 CIVIL TEFF4 Please vacate the judgment(s) entered and mark the action discontinued and ended without prej dice. Date: PHELAN H LI N & SCHMIEG, LLP A By: Lawrence T. Ph sq., 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 'Xeetal 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 228820 Attorneys for Plaintiff rya 0 C-1 " rt FYI - sI i i -? ! C) (D -n r, awV ,sto,&W a,,A Cb*- ?t?nu4q 2,* IQS? 144 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-GEEIC Sheriff O THE PROTH040TARY Jody S Smith 2011 APR I 1 AM 10: 39 Chief Deputy _ Richard W Stewart CUMBERLAND COUNTY Solicitor ?r PENNSYLVANIA BAC Home Loans Servicing, LP vs. Case Number Jackie Walker (et al.) 2010-2081 SHERIFF'S RETURN OF SERVICE 10/13/2010 09:50 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 0950 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 Jackie & James Walker, located at, 157 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania according to law. 10/13/2010 09:50 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 0950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jackie Walker, by making known unto, Jackie Walker, personally, at, 157 Brookwood Drive, Carlisel, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/13/2010 09:50 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 0950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James Walker, by making known unto, Jackie Walker, wife of defendant, at, 157 Brookwood Drive, Carlisel, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/03/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/31/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/1/11. SHERIFF COST: $691.76 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF cww SiNVt as77`? r_CU'-.`.YS Me. Sheri. ?e,eoso?!. 6`;;. v BAC HOME LOANS NERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff V. JAMES WALKER JACKIE WALKER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2081 CIVIL TERM CUMBERLAND COUNTY PHS # 228820 AFFIDAVIT PURSUANT TO RULE 3129.1 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAMES WALKER JACKIE WALKER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of everyjudgment 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 None. reasonably ascertained, please indicate) . 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 inay be affected by the sale: Name TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Address (if address cannot be reasonably ascertained, please indicate) 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal laiowledge 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. Julv 8, 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 BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff JAMES WALKER JACKIE WALKER VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-2081 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAMES WALKER JACKIE WALKER 157 BROOKWOOD DRIVE CARLISLE, PA 17013-1113 "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 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $160,244.50 obtained by BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said.sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-2081 CIVIL TERM BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. JAMES WALKER JACKIE WALKER owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland (Municipality) County, Pennsylvania, being 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113 (Acreage or street address) Parcel No. 29-16-1092-004 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $160,244.50 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of D.P. Raffensperger, Registered Surveyor, dated May 28, 1957, as follows; BEGINNING at a stake on the northern side of Schlusser Avenue, said stake being seven hundred (700) feet in an easterly direction from the northeastern corner of the intersection of said Schlusser Avenue and Wood Avenue; thence in a northerly direction along the eastern line of Lot No. 23 in the hereafter mentioned Plan of Lots a distance of one hundred ten (110) feet to a stake; thence in an easterly direction along the southern line of property of George H. Schlusser, a distance of seventy-five (75) feet to a stake ; thence in a southernly direction along the western line of the eastern twenty-five (25) feet of Lot No. 21, a distance of one hundred ten (110) feet to a stake; thence in a western direction of seventy-five (75) feet to a stake, the place of Beginning. BEING all of Lot No. 22 and the Western half of Lot No. 21 in the Plan of Lots known as Valley View Extension, said Plan of Lots being recorded in the Recorder's Office of Cumberland County, in Plan Book No. 6, Page 6. Having thereon erected a one and one-half story frame dwelling house known and numbered as 157 Brookwood Drive, Carlisle, Pennsylvania. SUBJECT to the building restrictions and covenants as set forth in said Plot Plan. TITLE TO SAID PREMISES IS VESTED IN: JAMES WALKER AND JACKIE WALKER, HUSBAND AND WIFE BY DEED FROM DAVID KNOWLTON, MICHAEL KNOWLTON AND STEVEN KNOWLTON, DATED 08/21/2007, RECORDED 08/24/2007, INSTRUMENT # 200733261. PREMISES BEING: 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113 PARCEL NO. 29-16-1092-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-2081 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From TAM AS WALKER AND JACKIE WALKER (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$160,244.50 L.L.$.50 Interest INTEREST FROM 06/05/2010 TO DATE OF SALE ($24.34 PER DIEM) - $4,925.58 Atty's Comm % Due Prothy $2.00 Atty Paid $209.30 Other Costs Plaintiff Paid Date: JULY 16, 2010 Buell, rothonotary (Seal) By: Deputy REQUESTING PARTY: Name FRANCIS S. HALLINAN, 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. 62695 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 157 Brookwood Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: eal Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. U Lisa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 5 dg !y November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL 2010-2081 Civil BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans Servicing, L.P. vs. Jackie Walker James Walker Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-2081 CIVIL TERM, BAC HOME LOANS SERVICING, L.P., F/K/A COUNTRYWIDE HOME LOANS SERVICING, L.P. vs. JAMES WALKER, JACKIE WALKER, owners of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumber- land County, Pennsylvania, being 157 BROOKWOOD DRIVE, CAR- LISLE, PA 17013-1113. Parcel No. 29-16-1092-004. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $160,244 .50. 127 The Patriot-News Co. 2-20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE (.ARI 15;1 F 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 Z4( Patr1*0t1WX(WS Now you know 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 2010.2081 Civil Term 13AC Nome Loans Servicing, LP, F/K/A Countrywide Home / Loans Servicing, L.R vs Jackie Walker James Walker Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 10-2081 CIVIL TERM BAC HOME LOANS SERVICING, L.P, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LE vs. JAMES WALKER JACKIE WALKER owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, (Municipality) Cumberland County, Pennsylvania, being 157 BROOKWOOD DRIVE, CARLISLE, PA 17013-1113 (Acreage or street address) Parcel No. 29-16-1092-004 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $160,244.50 This ad ran on the date(s) shown below: 10/15/10 10/22/10 \ ........ Sworn,A6 a d subscribed bet4e me?this'10 day q November Notary Public gl4MONWEAI,TH OF PENNSYLVANIA i Notarial Seal Sherrie L. Kisner, Notary Public Lowe" Paxton Two., Dauphin County ?MY ComExplres Nov. 26, 201, Member, Pennsvlvanla Association _ofNct;;_n1-,_, 2010 A. D. 10/29/10